By Remmy Butia
A renewed push for a comprehensive audit of Kenya’s 2010 constitution is gaining momentum, with Nandi Hills MP Bernard Kitur and Nandi Governor Stephen Sang declaring that after 13 years, it is time to refine the document to fix what is not working.
The leaders made the call on Sunday during a public event in Nandi County, arguing that the constitutional dispensation has matured enough to be reviewed and amended to better serve Kenyans.
Nandi Hills MP Bernard Kitur was direct in his assessment, pinpointing specific articles that have proven problematic or ineffective. He argued for a pragmatic approach to amendments, focusing on practical outcomes rather than ideological purity.
“We must not be afraid to look at our constitution and improve it. The things that are not working, let’s remove and ensure that the right things work,” stated MP Kitur. “For instance, the two-thirds gender rule has been a challenge to implement since its inception. Similarly, the Constituencies Development Fund (CDF) has been a vital tool for grassroots development, yet its place in the constitution needs to be solidified and protected from legal challenges. These are practical issues affecting our people that we must address.”
His sentiments were strongly supported by Governor Stephen Sang, who framed the 13 years of the constitution as a natural milestone for evaluation. He emphasised that a review is not an attempt to dismantle the document but to strengthen its foundations for the future.
“Thirteen years of a constitutional dispensation needs to be reviewed,” Governor Sang asserted. “We have seen what works well and what has not met the expectations of the Kenyan people. This is about making devolution more effective, ensuring equitable resource distribution, and streamlining governance to reduce waste and duplication of functions. It is a call for perfection, not a rejection of the progress we have made.”
The event, attended by local residents and grassroots leaders, highlighted a growing sentiment among a section of policymakers who believe the constitution’s implementation has revealed structural flaws. The persistent failure to enact the two-thirds gender rule, leading to numerous court cases and legislative stand-offs, is frequently cited as a key example of a well-intentioned provision that has proven unworkable in practice.
Similarly, the National Government Constituencies Development Fund (NG-CDF), while popular with MPs for its direct impact on constituencies, has faced existential legal challenges regarding its constitutionality, creating uncertainty around community projects.
The call from the two Nandi leaders is expected to add fuel to a simmering national debate. While many agree that certain aspects of the constitution need tweaking, the process of amendment is politically fraught. Any attempt to open the document for review risks triggering widespread negotiations and demands from various interest groups across the country.
As the conversation evolves, the focus from leaders like Kitur and Sang on specific, implementation-based issues may shape a more pragmatic and less politically charged debate on the future of Kenya’s supreme law.
