Peter Kagwanja: Without Raila Kenya would not have the 2010 Constitution

Nairobi, Kenya - As Kenya commemorates the first anniversary of the passing of former opposition leader Raila Odinga, the debate surrounding his democratic legacy is shifting from what he fought for to the extent of his achievements in instigating lasting institutional changes. Throughout his career, spanning from his detention without trial in 1982 to his pivotal role in advocating for multiparty democracy and challenging the 2017 presidential election, Odinga was at the forefront of Kenya’s political evolution.

Since the early 1990s, Kenya has undergone transformative changes, including the adoption of a new Constitution, devolution of power to counties and the establishment of safeguards for civil liberties and executive accountability. However, questions persist over the credibility of elections, the accountability of the police force, corruption and the safeguarding of fundamental rights. Do these democratic gains possess the strength to endure beyond the leaders who championed them?

Raila's family emphasized that the anniversary belongs not to an individual or institution, but to the people whose lives he touched. His legacy encompassed a career from fighting one-party rule, to the post-election crisis of 2007, the adoption of the 2010 Constitution to repeated campaigns for electoral justice. Despite these milestones, the Constitution's guarantees and their implementation remain distinct concepts.

Devolution brought decision-making closer to citizens, yet created new challenges in managing public resources. The Controller of Budget's county expenditure reports have raised concerns regarding the balance between recurrent spending and development. For instance, Nairobi County spent over Sh1.57 billion on domestic and foreign travel during the first nine months of the 2025/26 financial year, leaving questions about the spending priorities.

Another challenge lies in the tension between political expedience and constitutional order. The Building Bridges Initiative (BBI), launched following Odinga's 2018 reconciliation with the former President Uhuru Kenyatta, was ultimately dismissed by the courts. This underscores that political agreements cannot supersede constitutional requirements, including those governing public participation and the amendment process.

Consequently, while Kenya has achieved significant institutional progress, the real test remains whether these safeguards consistently influence the way leaders exercise their power.

The judiciary has demonstrated a degree of independence with notable instances such as the annulment of the presidential election in September 2017, which established a precedent for judicial scrutiny of elections. However, this decision did not appease concerns about electoral integrity. As Kenya gears up for the 2027 general election, the challenge lies in ensuring that all stages of the electoral process—from voter registration and polling management to result declaration—inspire public confidence.

More than legal authority, the question is whether institutions can consistently enact their mandates to garner trust.

Civil liberties have emerged as a critical concern for younger generations of Kenyans. The Gen Z-led protests of 2024 have broadened the national discussion beyond electoral competition to encompass public expenditure, corruption, accountability and police conduct. These demonstrations have also highlighted tensions between the constitutional right to peaceful assembly under Article 37 and the security agencies' actions.

The Kenya National Commission on Human Rights (KNCHR) documented the arrest of 361 individuals across several counties following the protests, along with allegations of unlawful force, torture and enforced disappearances. KNCHR Chairperson Claris Ogangah highlighted the concern that the large-scale arrests of individuals engaged in peaceful demonstrations raise significant human rights issues, demanding examination of whether such arrests were conducted in accordance with constitutional and legal safeguards against arbitrary arrest and detention.

While President William Ruto has pledged a Sh2 billion compensation framework to address victims of human rights violations from 2017 to 2025, he also emphasized that compensation alone cannot ensure accountability or deter future abuses. Ogangah emphasized that redress must be complemented by credible investigations, accountability for abuses and measures to prevent their recurrence.

Raila's legacy remains complicated by the political compromises he made, including his collaboration with Kenyatta through the BBI and subsequent arrangement with Ruto's government. These alliances raise the enduring question: can cooperation between political rivals deliver national unity and stability?