This archive report was first published on 25 August 2019.
As Kenya considers amending its Constitution, it's essential to learn from past mistakes. The 2010 Constitution, adopted after a long and contentious process, has proven to be chaotic, unwieldy, and crammed with unnecessary details.
Constitutions should be clear, elegant, and straightforward. However, the 2010 Constitution is an omnibus monstrosity, resembling a small novel in size. This has led to more confusion in governance than clarity, creating unnecessary diktats and offices that operate like laws unto themselves.
Devolution, a key aspect of the Constitution, should be applied with care to avoid wrecking it. At Kenya's stage of development, devolution should be implemented in measured, gradual stages, avoiding heavy doses of cash and responsibilities that can spoil everything.
Experts, including Prof David Throup, a British-born historian, advise against modeling Kenya's Constitution after the American or South African ones. Both constitutions are burdensome and unsuitable for Kenya, with the South African Constitution locking in too many rights and the American Constitution presenting its own set of problems, including gridlock.
The Punguza Mizigo initiative has its attractions, but also flaws. Its simplicity is laudable, but the free pass given to county governments is irresponsible. The Building Bridges Initiative must avoid creating another layer of government between counties and the national centre, which would be expensive and wasteful.
Ultimately, Kenya should focus on simplifying and making the Constitution workable, rather than adding complexity. This includes rationalizing the public sector, merging overlapping parastatals, and avoiding the creation of inflated commissions and unaccountable institutions.
