Kenya’s Constitution Needs Refinement, Not a Rush to 2027

By Kepher Otieno - Reporter

Kenya, December 29 2025 - Since the promulgation of the 2010 Constitution, Kenya has made significant strides in governance, citizen participation, and the decentralization of power, goods and services to wananchi.

Devolution, in particular, has brought government services closer to the people, created new opportunities for local development, and enhanced accountability at the county level.

The Bill of Rights has strengthened individual freedoms and protections, while institutional reforms have enhanced checks and balances across government in the last one decade.

These are tangible gains that many Kenyans now take for granted. Yet, no constitution, however visionary, is perfect. Over the past 13 years, some provisions of the 2010 Constitution have proved challenging to implement.

Certain electoral laws, power-sharing mechanisms, and county governance rules have created ambiguities that complicate administration. In some cases, the law has produced unintended consequences, while other sections have not achieved the transformative impact envisioned by their drafters.

For Kenya to continue advancing its democracy, there is a clear need to refine the constitution—to perfect what works and fix what doesn’t. Constitutional amendments are therefore both necessary and desirable.

They provide an opportunity to consolidate the gains of devolution, strengthen governance structures, and clarify areas where ambiguity or inefficiency has arisen.

Importantly, a thoughtful review allows citizens to participate actively in shaping their own governance framework, reinforcing the very democratic principles that the 2010 Constitution sought to entrench.

However, the proposal by Prime Cabinet Secretary Musalia Mudavadi and Foreign affairs CS to tie this comprehensive review to the 2027 general elections presents significant challenges and, in practical terms, may be untenable.

But his whole idea, to revisit the constitution is welcome and good. It only needs proper scheduling to seek public views through a national referendum or what we call plebiscite democracy.

This must not be deliberately tied to the elections period. It can be am issue yes...but apportioned it's own time appropriately.

May be we deal with it as a priority in 2026 ahead of the 2027 polls or do it immediately after 2027 elections. That's is debatable. We still have time to call. So let's take time, plan accordingly.

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The constitutional amendment process in Kenya is deliberately complex, truth said, as it requires widespread public consultation, parliamentary debate, and potentially a national referendum as it has happened before. Let's follow trend.

Attempting to synchronize this idea with the electoral cycle risks turning a critical national exercise into a politically charged event, where the focus may shift from genuine reform to electoral advantage.

Rushing constitutional amendments to meet an election timetable could also compromise the quality of public participation.

Civic education and consultations are essential to ensure that amendments reflect the views and needs of all Kenyans, including marginalized groups.

Compressing these processes into a tight political calendar could exclude important voices and reduce the legitimacy of any proposed changes.

Moreover, holding a referendum alongside general elections could strain administrative and logistical resources, creating confusion and potentially disenfranchising voters.

Kenya should prioritize depth over speed. Constitutional review is not merely a political exercise; it is a chance to reflect, learn from the past decade, and build a framework that serves the nation for decades to come.

Consequently, allowing adequate time for public debate, expert input, and legislative scrutiny, Kenya can ensure that reforms are meaningful, sustainable, and widely accepted.

Straightly speaking, constitutional amendments are an essential tool for Kenya to strengthen its democracy, perfect what has worked under the 2010 Constitution, and address areas that have not delivered as intended.

Linking this critical process to the 2027 elections, however, is risky and could undermine its purpose. The priority should be inclusivity, deliberation, and consensus-building—not racing against a political calendar. If done carefully, Kenya’s constitutional journey can continue to be a source of national pride, reinforcing democratic values and creating a governance framework that truly works for all its citizens.

The writer is a senior journalist, media consultant, columnist and a regular advocate for democracy and good governance in Africa.