NAIROBI, Kenya, Aug 26 – A new survey released by a consortium of human rights groups on Wednesady has revealed that a majority of Kenyans want the constitution implemented rather than amended.
The report comes sustained push by the political class for the amendment of the constitution, coinciding with the marking of a decade since its promulgation on August 27, 2010.
The Building Bridges Initiative task force set up by President Uhuru Kenyatta and ODM Raila Odinga following their March 2018 post-election unity deal is expected to set the agenda on constitutional reforms having concluded public hearings on the same.
Sixty per cent of 1,500 Kenyans interviewed in the survey raised objections to the anticipated amendments against 40 per cent who want it amended.
Support for full implementation of the constitution is highest in Eastern (68 per cent), Western (67 per cent), Central (64 per cent) and Nyanza (64 per cent) whereas support for amendment is highest in Coast (54 per cent) and North Eastern (51 per cent).
Kenyans interviewed across twenty-four counties between August 16 and 21 identified corruption and impunity as the greatest hindrances to the realization of the Constitution while others cited the high cost of access to justice.
The police service was cited as the greatest perpetrator of human rights violations especially in Eastern region.
Renee Ngamau, Chairperson of the Amnesty International Kenya, one of the rights groups that commissioned the study, asked the citizenry to be vocal about their priorities now more than ever.
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“The problem with our constitution is that we us Kenyans we have continued to perpetuate and to agree that it is okay that despite a constitution that is so strong, we continue to allow is mis-practices to be within us. And therefore, perhaps one of the places to look is to ask that what are we willing to continue to subsidize,” she said during the launch of the report on Wednesday.
Executive Director of Haki Africa Hussein Khalid pointed out that amending the constitution to excite a few elites in the society yet the needs of the poor ordinary Kenyan have been neglected is illogical.
“The constitution was promulgated to push wanjiku’s agenda forward and if we do not listen to the voices of the people on the ground, we will be doing a disservice to ourselves and to the constitution,” he said.
Only twenty-three percent of Kenyans are currently satisfied with the progress of implementation and 34 percent are dissatisfied and 43 per cent are disinterested or have no view either way.
Satisfaction is highest in North Eastern (42 per cent) while dissatisfaction is highest in Western (46 per cent). Urban dwellers expressed greater satisfaction (38 per cent) compared to those in rural areas (32 per cent).
Only twenty-three per cent of Kenyans are satisfied with the progress of implementation. Forty-five per cent feel that the implementation has been slow or disappointing.
The report also documented police brutality as the most common of violation of human rights followed by poverty, sexual and gender based violence. The right to health was cited among unattainable fundamental rights.
Central and Nairobi are the regions most affected by police brutality.
The survey was jointly commissioned by the Kenyan National Commission on Human Rights, Kenya Legal and Ethical Issues Network, Katiba Institute, International Commission of Jurists – Kenya Section, HakiJamii, Haki Africa, Federation of International Women Lawyers, Centre for Rights Education and Awareness and Amnesty International.
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