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Guard against attacks on the Constitution
Editorial
Kenya is one of the many countries with a formally written Constitution as the supreme law of the land.
Kenya is one of the many countries with a formally written Constitution as the supreme law of the land. PHOTO/Print

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The 2010 Constitution is 14 years old. The supreme law is touted as one of the most progressive in the world, largely because of its elaborate Bill of Rights. It has a strong bent towards protection of the people from bad government.

Because of this, it has become an irritant, especially to a political cabal that has consistently been keen to impose its will and mischief on the people. Perhaps aware of this, the framers of the Constitution that was enacted after many years of struggle by gallant men and women, deliberately ensured that certain cardinal sections were protected from frivolous amendments.

The supreme law demands that any amendments touching on the sovereignty of the people, representation, structure of the Executive, the Bill of Rights and devolution must involve Kenyans through a referendum.

It also puts the people at the centre of decision-making through the provisions on citizen participation. Indeed, courts have overturned a number of Executive declarations and legislation for lack of public participation.

This does not mean there have not been attempted assaults against it. Kenyans have seen strong and powerful violations of the Constitution by individuals who have taken the oath to abide by, uphold and protect the country’s social contract with the people. But the Constitution has kept faith and withstood harsh assault. It has remained the bulwark and shield for the people.

The proclamation in Article 1 that all sovereign power belongs to wananchi but is delegated to various arms of government has faced grave hostility from the political class. Politicians seem to be uncomfortable with the constitutional decree that they are servants of the people. The document requires them to take instructions from the public.

The recent Gen Z revolt was driven by frustrations among young brave Kenyans who felt that Members of Parliament were no longer listening to their constituents. The fact that protests were met with police brutality shows that Kenyans need to be vigilant against any attitude inclined to denigrate the gains they have enshrined in the governing document.

Besides the Bill of Rights, devolution remains one of the biggest hallmarks of the Constitution that has been credited for the equitable transfer of national resources to the regions. However, there are glaring grey areas such as independence of the legislature as an instrument of oversight and an irredeemably weak Senate.

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