On 27th August 2010, Kenya promulgated what has come to be celebrated as one of the most progressive constitutions in Africa. The 2010 Constitution marked a decisive break from the 1969 Constitution, which many argued had entrenched excessive executive dominance. With its promulgation, Kenya established two distinct but interdependent levels of government – the National and County governments – ushering in a new era of devolution that redefined governance and resource allocation across the country.

The journey to this 15-year milestone was long, contested and, at times, violent. The struggle for constitutional reform spanned decades, punctuated by pivotal moments such as the reintroduction of multiparty democracy in 1991, the Bomas constitutional process of 2003–2004, the controversial Wako Draft that watered down the Bomas proposals, the divisive 2005 referendum that rejected it, and finally the successful 2010 referendum that overwhelmingly endorsed the current Constitution. These events laid the groundwork for the eventual consensus that birthed the 2010 Constitution. The bloodshed and political turmoil that preceded its promulgation underscore the heavy cost of Kenya’s democratic gains.

As the nation marks Katiba@15, it is essential to reflect on the milestones achieved, as well as the challenges and contestations that have tested the resilience of this living document. Despite numerous attempts to amend, dilute or reconfigure it, the Constitution has endured as both a legal framework and a symbol of Kenya’s democratic aspirations.

Vellum Kenya traces the progress and key moments of the Constitution at 15, examining its achievements, tests, and the unfinished work of constitutionalism in Kenya.

2011: Establishment of Implementation Institutions

Creation of the Commission for the Implementation of the Constitution (CIC) and the Constitutional Implementation Oversight Committee (CIOC) in Parliament to oversee the rollout of laws required by the Fifth Schedule of the Constitution.

2013: First General Election Under the 2010 Constitution

Marked the full operationalisation of devolution with 47 county governments coming into being. Governors, Senators, and Members of County Assemblies assumed office, drastically reshaping Kenya’s governance and fiscal structure. The Supreme Court heard the first presidential petition that affirmed  Uhuru Kenyatta’s win, setting a judicial precedent for electoral disputes.

 

2016: Early Tests of Devolution

Devolution was tested through conflicts over revenue allocation, oversight of governors, and the balance of power between the Senate and the National Assembly. Debates persisted over which house constitutes the “upper” house of Parliament. Key Supreme Court rulings affirmed the Senate’s role in legislation affecting counties, strengthening constitutional interpretation.

 

2017: First Nullification of a Presidential Election 

The Supreme Court nullified the presidential election in which Raila Amolo Odinga contested Uhuru Kenyatta’s win, citing electoral irregularities. Kenya became the first African country where a court annulled a presidential election, and a fresh presidential election was held, in which Uhuru Kenyatta still won the re-run. 

 2018: The Building Bridges Initiative (BBI)

Following the “Handshake” between President Uhuru Kenyatta and Raila Odinga in March 2018, BBI proposed wide-ranging constitutional amendments. Key proposals included restructuring the executive, increasing revenue to counties, expanding Parliament, and introducing the office of the Prime  Minister and Official Opposition Leader.

2020: Former Chief Justice David Maraga’s Advisory to Dissolve Parliament

Former Chief Justice David Maraga advised President Uhuru Kenyatta to dissolve Parliament due to the failure to enact legislation implementing the two-thirds gender principle, as mandated by the Constitution. This recommendation was based on Article 261(7), which allows the Chief Justice to advise the President if Parliament fails to enact the required legislation within the stipulated timelines.

 

2021: Courts Strike Down BBI

The Supreme Court struck down the BBI process, ruling that the President could not initiate constitutional amendments through a popular initiative—a landmark moment in constitutional jurisprudence that reinforces the fundamental structure doctrine in Kenya.

2022: Peaceful Transition of Power

A peaceful transfer of power occurred from President Uhuru Kenyatta to William Ruto following a contested but Supreme Court–upheld election.

 2024: 2024:Controversial  Bill to increase Term Limits 

Senator Samson Cherarkey proposed a bill to extend the presidential term from five to seven years. The proposal sparked widespread debate and criticism for undermining the spirit of term limits entrenched in the 2010 Constitution. The bill was struck down at the committee stage.

 

2025: First Impeachment of a Deputy President

The Senate conducted the first-ever impeachment proceedings against a Deputy President under the 2010 Constitution, resulting in the ousting of former Deputy President Rigathi Gachagua. This unprecedented event tested the separation of powers, the thresholds for removal of high-ranking state officers, and the resilience of constitutional safeguards against political manipulation.

 

2025: The National Government Constituencies Development Fund (NG-CDF) Debate

Following Supreme Court rulings questioning the constitutionality of MPs directly managing CDF funds, Parliament initiated a Constitutional Amendment Bill to entrench the NG-CDF, Senate oversight fund, and NGAAF in the Constitution. The move remains highly contested, with critics arguing that it undermines the separation of powers and devolution, while supporters say that it safeguards critical constituency-level development projects.