Former Chief Justice David Maraga has warned that the Constitution of Kenya is under siege, urging citizens to remain vigilant and defend the gains made since its promulgation 16 years ago.
In a statement issued on Thursday, August 27, Maraga said the Constitution had faced persistent violations over the years, making it necessary for Kenyans to actively protect its principles and institutions.
He identified public participation as one of the areas where constitutional protections had been most undermined.
Former Chief Justice David Maraga. Photo: Courtesy.
According to Maraga, the principle, which was intended to promote limited government and ensure an accountable state, had been weakened through superficial implementation and restrictive measures.
The former Chief Justice also raised concerns over the criminalisation of dissent, disregard for court orders and the treatment of public participation as a procedural requirement rather than a constitutional obligation.
Maraga criticised Parliament for failing to effectively exercise its constitutional responsibility of checking the powers of the Executive.
He argued that Parliament had increasingly shifted from scrutinising and restraining the Executive to acquiescing to its decisions, creating room for executive overreach and weakening institutional accountability.
The former CJ further warned that the erosion of oversight had contributed to what he described as state capture, where public institutions serve narrow interests instead of the Kenyan people.
Maraga said Parliament’s failure to perform its oversight role had placed a greater burden on citizens, civil society and the Judiciary to defend constitutionalism.
He stressed that constitutionalism cannot operate automatically and requires institutions and citizens to actively uphold the principles enshrined in the Constitution.
Against this backdrop, Maraga said the 2027 General Election would be particularly significant for Kenya, describing it as a choice over the kind of country Kenyans want to build.
He said the election would test whether Kenyans remain committed to constitutionalism as the foundation of the country’s governance or allow a return to authoritarian tendencies presented as progress.
Maraga urged Kenyans to approach the 2027 political contest with the clarity and courage that characterised the struggle that culminated in the adoption of the 2010 Constitution.
