Kenyans urged to appreciate gains of 2010 constitution as country marks 16th anniversary
The Mt Kenya Times 
Wilkins Ochoki
By Elizabeth Angira
As Kenya marks the 16th anniversary of the promulgation of the 2010 Constitution, advocate Wilkins Ochoki has urged Kenyans to appreciate the freedoms and reforms introduced by the country’s supreme law.
Ochoki, an Advocate of the High Court based in Kisii, said the journey to the 2010 Constitution was long and difficult, with many Kenyans losing their lives and others suffering detention and other forms of human rights violations in the struggle for constitutional reforms.
He said the Constitution had significantly transformed the country, particularly by strengthening the rights of arrested persons.
“Before the Constitution, the 24-hour rule for arrested persons was not there. Police could keep people in custody for a very long time. We even had detention without trial,” Ochoki said.
He noted that Kenyans should not take such freedoms for granted, saying the Constitution had also expanded the country’s democratic space by guaranteeing freedoms of association, assembly and peaceful protest.
Ochoki also highlighted devolution as one of the major achievements of the 2010 Constitution, saying the establishment of county governments, governors and county assemblies had brought governance closer to the people.
He, however, acknowledged that the implementation of some constitutional provisions remains a challenge.
He cited the constitutional requirement on gender representation, saying the two-thirds gender principle has not been fully realised in elective positions and public appointments.
According to Ochoki, Kenya must continue working towards the full implementation of the Constitution rather than only celebrating its achievements.
He also raised concerns about what he described as the misuse of constitutional freedoms, arguing that while Kenyans have greater space to associate and express themselves, those freedoms should be exercised responsibly.
Despite the challenges, Ochoki said the 2010 Constitution had given Kenyans important safeguards, including presidential term limits.
He observed that the Constitution provides for a maximum of two five-year terms for a sitting president, unless the Constitution is amended.
Ochoki called on Kenyans to remember the people who fought for constitutional reforms and to protect the gains made over the past 16 years.
“As Kenyans, we need to really appreciate that we have a lot of freedoms,” he said, urging citizens to remain vigilant in defending the Constitution and ensuring that its provisions are fully implemented.
The 2010 Constitution was promulgated on August 27, 2010, following years of agitation for political, democratic and institutional reforms. It replaced the previous Constitution and introduced major changes, including devolution, an expanded Bill of Rights and stronger checks and balances among state institutions.
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