In August 2010, Kenya passed a new constitution after 20 years of attempts and a failed constitutional referendum in 2005. After the 2005 failure, efforts to try again were set aside and only regained momentum after the post-election violence in 2007–2008, which underscored the need for a new constitution.
The new constitution addresses many of the institutional problems that contributed to the post-election violence, namely corruption, impunity, the concentration of executive powers, and lack of protection for minority rights. The new constitution’s bill of rights, the separation of powers, and decentralization of the authority from the executive provide the necessary checks and balances to build a framework for a stable Kenyan democracy.
However, there is still much work to be done to ensure that the promise of the new constitution is realized. In this video, George Kegoro, executive director of the Kenyan Section of the International Commission of Jurists and member of Kenyans for Peace with Truth and Justice, discusses the ongoing challenges to implementation and what the new constitution means for Kenya’s future.