Civil society actors in Kisumu have called for the full implementation of Kenya’s 2010 Constitution, with police reform and greater civilian oversight emerging as key priorities as the country moves towards the 2027 General Elections.
Speaking during the 16th Katiba Day celebrations, Thursday, lawyer and human rights advocate Willis Otieno said Kenya must rethink the way policing is managed to ensure officers are accountable to the communities they serve.
Kenyans voted for a new constitution in 2010, which created an expanded democratic space that Kenyans are enjoying now.
“Police should be responsive to the people, not legacy politicians,” Otieno said.
Otieno called for the full implementation of Article 239(5) of the Constitution, which provides that national security organs are subordinate to civilian authority.
He said police stations should have civilian oversight boards, comprising members of the communities they serve, similar to boards of management in schools and health facilities.
According to Otieno, the boards would oversee aspects of police administration and provide communities with a mechanism to monitor how policing is conducted within their localities.
The proposed boards, he said, would be able to inspect police cells and establish whether detainees have been taken to court within the legally prescribed period.
They would also raise concerns over delayed medical treatment for detainees and inquire into injuries sustained while in police custody.
The boards would further monitor the use of firearms by police officers by requiring incident reports detailing the circumstances surrounding the use of a firearm and identifying the officer involved.
This comes amid a rising uproar among civic bodies and Kenyans over police killings in the country, both in custody and outside custody, where numerous young Kenyans are said to have lost their lives in the hands of the police, while the June 2024 killings and disappearance of young people during the infamous Gen-Z demonstrations around the country are still fresh in the minds of Kenyans.
The government has since taken responsibility and has compensated many of the victims of the police brutally during the demos.
Otieno said such reforms would help address what he described as excessive centralisation of police command, where officers at local stations remain under the administrative control of authorities in Nairobi.
“We must hand power back to the people,” he said.
He argued that police officers should ultimately be guided by the Constitution and accountable to the people rather than being primarily driven by orders from senior authorities.
“Kenyans have vetted all police officers. Kenyans have come up with new police laws. Kenyans have come up with a new Constitution, the one we are marking today. And yet the police fear above more than they fear the Constitution and the people,” Otieno said.
His remarks come amid concerns over police brutality, alleged abductions, extrajudicial killings, disregard for court orders, and the use of masked officers during operations.
Otieno said strengthening civilian oversight would help restore public confidence in the police and ensure policing becomes more responsive to community needs.
The call for greater accountability was echoed by journalist and Kenya Human Rights Commission board member Kwamchetsi Makokha, who described the 2010 Constitution as a “peaceful revolution” that provided Kenya with a framework for addressing longstanding political and governance contradictions.
“I’m very happy to be marking the 16th Katiba Day because this was a peaceful revolution,” Makokha said.
He said the Constitution had sought to transform institutions, particularly the police, by creating a service that operates with integrity and remains answerable to the public.
“The Constitution imagined a police that has integrity and that is answerable to the people,” he said.
Makokha, however, said the police service continues to operate under a different model in which officers are not sufficiently accountable to the public.
He said citizens were increasingly aware of their constitutional sovereignty and were no longer waiting for government or individual leaders to determine how their affairs should be managed.
“Citizens have taken charge of their sovereignty. They are not asking for things from government; they are actually taking and directing how their affairs ought to run,” Makokha said.
Meanwhile, Betty Okere of the CSO Network cautioned against renewed calls to amend the Constitution, arguing that the priority should be implementation rather than changing the document.
Okere said the majority of Kenyans were not demanding constitutional changes and maintained that the 2010 Constitution already captures the aspirations and wishes of citizens.
“The conversation that has been around, especially in political circles on whether we need to relook at the Constitution, is actually not even coming from Kenyans; it’s just that—political,” she said.
According to Okere, citizens participated in the process that produced the Constitution and continue to support its principles, including accountability, transparency, leadership, and integrity.
She questioned the motives of those pushing for constitutional changes, saying the debate often emerges during political crises, periods of public demands for accountability, and around elections when political actors begin negotiating power.
“For me, this conversation around changing the Constitution should not be encouraged because the majority of Kenyans are not talking about it,” Okere said.
She instead called for the enforcement of constitutional rights, including the right to freedom of expression, dignity, and access to essential services.
“All we’re asking is, can you please enforce it? Can you implement it?” she said.
Okere said Kenyans want a country where they can live with dignity, access healthcare and education, secure employment, and hold leaders accountable.
As Kenya heads towards the 2027 General Election, the speakers said the test of constitutionalism should not simply be whether the country has a progressive constitutional document but whether its provisions are reflected in the everyday lives of citizens.
For the civil society actors, the priority is therefore to strengthen institutions, return oversight to citizens, and ensure that the Constitution adopted by Kenyans in 2010 is fully implemented.
Kenya’s Constitution was promulgated on August 27, 2010, following a national referendum in which Kenyans voted overwhelmingly in favour of the new constitutional order.
It replaced the previous Constitution and introduced far-reaching reforms aimed at transforming governance, strengthening the protection of human rights and increasing accountability in public institutions.
Among its key changes was the establishment of devolved governments, meant to bring services close to the people, an expanded Bill of Rights, and stronger checks and balances between state institutions.
The Constitution also sought to reform Kenya’s security sector by placing national security organs under civilian authority and requiring them to respect human rights and the rule of law.
This year’s Katiba Day has, therefore, provided an opportunity to reflect on the progress made and the reforms that remain necessary ahead of the 2027 General Election.
By Mabel Keya–Shikuku and Dorothy Pamella
