The promise of Kenya’s 2010 Constitution is facing a fresh test, with Amnesty International Kenya warning that growing restrictions on civic freedoms and weak enforcement of constitutional safeguards are putting years of progress at risk.
The rights organisation issued the warning on Thursday, August 27, 2026, as Kenya marked 16 years since the promulgation of the Constitution, which was adopted after years of calls for political and institutional reforms.
Amnesty executive director George Morara said the 2010 Constitution had reshaped the balance between citizens and the State by expanding protection of human rights, strengthening checks on those in power and creating greater opportunities for public involvement in governance.
However, the organisation said the gains achieved over the years were facing pressure from political interests, weaknesses within public institutions and inadequate action against those who breach constitutional standards.
The Constitution was promulgated on August 27, 2010, following years of public agitation over authoritarian governance, historical injustices, inequality and exclusion.
Amnesty said the new constitutional order had delivered important changes, including the strengthening of the Judiciary, establishment of devolved governments and greater public knowledge of citizens’ rights.
The Judiciary, in particular, was credited with providing an important check on executive authority despite challenges facing the institution.
"Despite concerns over threats to judicial independence and institutional challenges, the Judiciary has repeatedly asserted its independence and played a vital role in upholding constitutional rights and checking executive power, an important safeguard against abuses of political power," the body stated.
Amnesty said devolution had also changed how government resources and decisions reach communities by placing political and financial responsibilities within the 47 counties.
The organisation said the system had created more room for residents to participate in decision-making and had offered an opportunity for county administrations to provide essential services in a way that responds to local needs.
It also acknowledged the contribution of civil society groups, human rights defenders, community social justice centres and citizens who have relied on constitutional provisions to challenge government actions and seek accountability from public officials.
But Amnesty said the record was marred by continued violations and delays in putting some constitutional guarantees into practice.
The organisation identified the shrinking space for public dissent as one of its biggest concerns, particularly regarding peaceful demonstrations and freedom of expression.
"Over the past few years. and particularly during recent civic movements, we have witnessed an alarming escalation in the criminalisation of dissent," Morara said.
Amnesty accused State agencies of using excessive force and carrying out arbitrary arrests and detentions during civic actions. It also raised concerns over enforced disappearances and extrajudicial executions involving protesters.
The organisation said such conduct was contrary to Article 37, which gives citizens the right to assemble, demonstrate, picket and present petitions peacefully and unarmed.
Another concern was the failure by some State officials and institutions to follow court decisions. Amnesty warned that disregarding judicial orders damages the standing of the courts and weakens the separation of powers provided for under the Constitution.
The organisation also questioned the level of enforcement of Chapter Six, which sets standards on leadership and integrity. It called for tougher vetting processes and clear enforcement of the requirements governing public office.
On economic and social rights, Amnesty said Article 43 provides for basic entitlements such as healthcare, adequate housing, sufficient food and clean and safe water.
It said poverty, unequal access to opportunities, limited social protection and problems in the management of public resources continued to prevent many people from enjoying these rights as intended.
Amnesty also turned its attention to the 2027 General Election, warning that politically organised violence could pose a threat to personal security and discourage some citizens from taking part in the electoral process.
The rights group called for an end to police brutality and demanded investigations into officers accused of human rights abuses. It also urged authorities to take action against individuals and groups involved in organising or sponsoring political violence.
Amnesty further called on the Executive to respect court decisions, Parliament to improve enforcement of Chapter Six and both levels of government to allocate adequate resources towards economic and social rights.
As Kenya reflects on 16 years of the 2010 Constitution, Amnesty said the country should measure its progress not only by the rights contained in the document but also by how consistently those rights are protected and enforced.