This week, Kenya marked 15 years since the promulgation of its Constitution. Anniversaries of this nature are not merely ceremonial. They invite us to reflect on the journey travelled and to ask difficult questions about the roles played by different actors in giving life to the vision of the Constitution.

Too often, conversations about constitutionalism have been dominated by political leaders, lawyers, and civil society, while corporations have remained on the margins. Businesses have preferred to focus on profits and market expansion, leaving the broader constitutional project to others. But the truth is that the Constitution is not a distant political text. It is the very framework that shapes the society and economy in which corporates operate.

The Constitution as a Social Contract

The Constitution is more than a set of rules governing politics. It is a social contract that binds all actors, including the private sector. Article 10 on national values and principles of governance is explicit in its scope. Human dignity, equity, social justice, integrity, good governance, and sustainable development are not ideals reserved solely for state organs. They serve as guiding principles for every institution and individual. For corporates, this means that the Constitution provides both obligations and opportunities. It is a compass that can direct businesses toward sustainable success while deepening public trust.

Devolution and Shared Prosperity

One of the Constitution’s most transformative pillars is devolution. It was designed to promote equity and bring resources and decision-making closer to the people. While the state has shouldered the responsibility of implementation, corporates have been slow to respond. Nairobi remains the centre of gravity for corporate activity, with only modest investments spread across other counties. The constitutional promise of devolution invites businesses to rethink this model. Counties are emerging as new economic frontiers, with a growing demand for goods, services, and employment opportunities. In engaging more deliberately with county governments, corporates can expand their markets while helping realise the constitutional vision of shared prosperity.

Rights and the World of Work

The Bill of Rights is central to the Constitution and speaks directly to the corporate sphere. Provisions on equality, fair labour practices, and consumer rights are not abstract declarations. They are daily realities for workers, suppliers, and customers. As the digital economy expands and gig work becomes increasingly prominent, the issue of fairness in employment is gaining urgency. Corporates that go beyond minimum compliance to actively uphold dignity and equity in the workplace affirm their place as partners in advancing constitutional values. They also build stronger, more resilient workforces that contribute to long-term competitiveness.

Environmental Stewardship as a Constitutional Duty

The Constitution enshrines the right to a clean and healthy environment. This is not a symbolic language. Kenya has faced severe climate shocks, from droughts to floods, that have affected communities and businesses alike. Corporates have often responded through sustainability reports and corporate social responsibility initiatives. What is now required is deeper integration of environmental responsibility into their core strategy. By aligning their operations with Article 42, businesses can mitigate risks, access green financing, and make meaningful contributions to national climate resilience.

Corporates in Governance Conversations

For fifteen years, public debate about the Constitution has been driven mainly by political actors and civil society. Businesses have remained largely silent. This silence, however, carries consequences. The health of institutions, the predictability of regulation, and the stability of markets all depend on the strength of constitutionalism. When corporates engage constructively in governance conversations, they bring practical perspectives on economic policy, taxation, innovation, and consumer protection. Their participation can help ensure that constitutional reforms strike a balance between democratic principles and economic growth.

Towards Corporate Constitutionalism

The path forward is clear. The corporate community should embrace constitutionalism not only as a compliance obligation, but also as a shared national project. This involves embedding Article 10 values into governance structures, aligning strategies with the opportunities created by devolution, prioritising labour rights and consumer protection, and integrating environmental stewardship into every aspect of business. It also requires corporates to take part in shaping policy and governance, recognising that their stability is inseparable from the stability of the republic.

Conclusion: From Passive to Proactive

Fifteen years after the promulgation of the Constitution, Kenya continues to work towards the transformation envisioned in 2010. Corporates have significantly contributed to economic growth but have engaged only partially with the broader constitutional vision. The next chapter calls for a shift from passive compliance to active co-creation. In internalising constitutional values and contributing to their realisation, corporates will not only strengthen their own resilience and legitimacy but also help ensure that Kenya’s constitutional journey delivers on its promise of justice, equity, and prosperity for all.