Changing the Law: How Ruto, Raila Plan to Succeed Where Uhuru Couldn’t
Five previous efforts to revise the Constitution have failed, with a new attempt underway after a recent agreement between President William Ruto and opposition leader Raila Odinga, 14 years after the 2010 Constitution was enacted.
Although the law is not fully implemented, the push for amendments has intensified, largely due to recent discussions between the ruling party and the opposition.
The ceasefire between President Ruto and Mr. Odinga led to crisis talks between their factions, culminating in the National Dialogue Committee (Nadco) report, which Parliament has approved.
This represents the latest endeavor for constitutional reform, as the 10-member committee’s report suggests necessary changes in five crucial areas.
These issues include electoral justice; unresolved grievances such as the rising cost of living, which sparked recent anti-government protests and led to the withdrawal of the 2024 Finance Bill; implementation of the two-thirds gender rule; public appointment inclusivity; and adherence to political parties or coalitions.
Other recommendations involve embedding funds in the constitution and creating the positions of leader of the official opposition and prime minister.
The proposal to create new executive roles to address the winner-take-all system, which has been criticized for causing election conflicts, remains a contentious amendment that has failed in past attempts.
Numerous efforts to amend the Constitution through public initiatives have been made, including Okoa Kenya, Punguza Mzigo, Pesa Mashinani, the Senate’s proposed amendment, and the Building Bridges Initiative (BBI).
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The BBI reforms, pushed by then-President Kenyatta and Mr. Odinga before the 2022 elections, were overturned by the Supreme Court.
The court ruled that the president could not initiate constitutional changes through a popular initiative, halting efforts to create new electoral districts and executive positions such as the prime minister.
Mr. Odinga, who ran for president under the Azimio La Umoja One Kenya Coalition party, lost to Dr. Ruto of the United Democratic Alliance (UDA).
Now, these former rivals are allies in government. President Ruto has appointed five of Mr. Odinga’s allies to the cabinet and is supporting Mr. Odinga’s bid for the chairmanship of the African Union Commission (AUC).
Kenyans are still navigating the boundaries of the supreme law, which has spurred heated debates on the basic structure doctrine, governance systems, and constituency creation.
Key issues include resource allocation to counties, with governors advocating for an increase in the shareable revenue percentage from 15% to 30% of the latest audited revenue, as per the Auditor-General’s figures.
Led by Governor Isaac Ruto, the counties initiated the Pesa Mashinani campaign to demand more resources and address other concerns affecting devolved units.
The Senate also formed a nine-member committee to outline a referendum roadmap, aiming to restore its authority amid ongoing conflicts with the National Assembly.
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A decade ago, the Office of the Auditor-General set up an eleven-member working group to conduct a socio-economic audit of the Constitution.
The National Assembly endorsed this committee to provide crucial information and analysis for parliamentary oversight, led by Auditor-General Edward Ouko.
The task force aimed to evaluate the Constitution’s impact on the economy and public finances and to propose measures for better management of public resources.
The Coalition for Reforms and Democracy (CORD), led by Raila Odinga, sought to address the winner-take-all issue in the presidential system but only managed to collect signatures, which the Independent Electoral and Boundaries Commission (IEBC) rejected for not meeting the threshold.
The Third Way Alliance, headed by Ekuru Aukot, attempted to reduce the number of elective offices but fell short of securing support from at least 24 counties.
On X, formerly Twitter, Aukot marked the 14th anniversary of the 2010 Constitution, lamenting the lack of respect for it by current leadership.
The “handshake” between President Uhuru Kenyatta and Mr. Odinga after the 2017 election prompted radical BBI proposals, including creating 70 new constituencies, expanding presidential powers, and establishing the positions of prime minister and official opposition leader.
Despite the push, the courts have achieved some victories and remain a crucial safeguard for constitutional integrity.
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At the Kenya Christian Professionals Forum (KCPF) at Ufungamano House, Law Society of Kenya (LSK) President Faith Odhiambo urged Kenyans to reflect on the Constitution’s achievements and shortcomings, emphasizing the need to activate and fully implement its key provisions.
Odhiambo, who has been a vocal advocate for respecting the law, highlighted that the Constitution’s struggles underscore the reasons behind its adoption and called for collective efforts to realize its goals, including the rule of law, gender equality, integrity, and electoral reforms.
The Constitution, crafted by late President Mwai Kibaki and then-Prime Minister Odinga after over two decades of post-independence struggle, is seen by Muslims for Human Rights (Muhuri) as a symbol of hope for a just and democratic society.
Executive Director Walid Kassim urged Kenyans to renew their commitment to fully implementing the Constitution, stressing that the future depends on upholding its principles.
Kassim criticized President Ruto’s administration for not fully honoring the Constitution and called for a realization of its importance beyond personal or political disagreements.
Muhuri believes the country’s future hinges on maintaining the rule of law, ensuring institutional independence, and protecting citizens’ rights.
Various civil society groups have urged the government to uphold the Constitution, with Githunguri MP Gathoni Wamuchomba warning against bills like the Assembly and Demonstrations Bill, 2024, which could restrict fundamental rights.
Wamuchomba highlighted that this bill, which proposes jail time and fines for protestors and gives police extensive control over demonstrations, contradicts Article 37 of the Constitution and represents a dangerous shift toward dictatorship.
Changing the Law: How Ruto, Raila Plan to Succeed Where Uhuru Couldn’t
