KHRC, civil rights organisations highlight governance failures on Katiba Day

The Kenya Human Rights Commission (KHRC) says that even 15 years after the adoption of the Constitution, the country has yet to realise its promises of democracy and social justice.

The Commission highlighted executive overreach, weakened devolution, and rampant corruption as key obstacles preventing the country from fulfilling the transformative goals of the Constitution.

In a statement issued on Katiba Day, KHRC warned that urgent action is required to enforce the Constitution.

According to the Commission, the Constitution envisioned a people-centred, accountable government, but critical provisions have been ignored, undermined, or manipulated.

KHRC noted that peaceful protesters, particularly young Kenyans who led the recent Gen Z demonstrations, were met with bullets, abductions, and killings, undermining the right to assemble and petition under Article 37 of the Constitution.

It said that the executive has repeatedly disobeyed court orders, eroded the authority of the judiciary, and weakened constitutional checks and balances.

"Independent commissions and oversight institutions, established under Chapter 15 to safeguard accountability, have been starved of resources, undermined, or brought under Executive thumb," the statement reads in part.

The Commission also expressed concern over devolution, noting that delayed and inadequate county funding has left local governments struggling to provide essential services such as healthcare, education, and infrastructure.

KHRC further criticised populist directives that bypass lawful processes, including victims’ compensation frameworks and multi-agency anti-corruption taskforces, arguing that these measures undermine constitutional oversight.

"Devolution, one of the Constitution's most significant gains, has been systematically weakened through delayed and inadequate funding of counties, crippling essential services such as healthcare and education. Populist directives, such as the victims' compensation framework, which bypasses lawful processes, and the multi-agency anti-corruption taskforce, which usurps the role of constitutional commissions, continue to prove the regime's disregard for the rule of law," the commission stated.

KHRC highlighted the ongoing failures to uphold socio-economic rights under Article 43, pointing to worsening unemployment, declining education standards, and a failing health system, which have deepened inequality and deprived Kenyans of opportunities.

"For the last 14 years, citizens, civil society, and progressive actors have faithfully marked the anniversary of the Constitution's promulgation, even under hostility from successive regimes. Katiba Day has always provided a moment for Kenyans to reflect, take stock, and reaffirm their commitment to defending the Constitution. They did not need a presidential proclamation to remember this day, as it has always belonged to the people," KHRC said.

The organisation emphasised that justice must be delivered for victims of state violence, and independent oversight bodies must be adequately resourced to operate free from political interference.

The statement was issued alongside civil society organisations, including Act Change Transform (Act!), Defenders Coalition, Muslims for Human Rights (MUHURI), Wangu Kanja, Transparency International Kenya, Katiba Institute, and others, stressing the need for vigilance and constitutional fidelity.

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