Journalist and political commentator Kwamchetsi Makokha has described President William Ruto’s embrace of Kenya’s 2010 Constitution as a striking political irony, arguing that the President has moved from opposing the document to presenting himself as one of its leading defenders.
Makokha was reflecting on the 16th anniversary celebrations of the Constitution held on Thursday, August 27, an event attended by President Ruto, where the Head of State spoke extensively about constitutionalism, accountability and the rights of citizens.
In his analysis, Makokha described the moment as a case of a “poacher turning game warden,” noting that Ruto had opposed the Constitution in 2010 despite participating in political negotiations around the presidential system that eventually became part of the constitutional settlement.
According to Makokha, the President’s speech demonstrated how central the Constitution has become to political legitimacy in Kenya.
“Sixteen years after Kenyans adopted a Constitution intended to tame the powerful, William Ruto has learnt its language,” Makokha observed, describing it as a “backhanded compliment” to the 2010 Constitution.
He noted that Ruto spoke about popular sovereignty, fundamental freedoms, judicial independence, checks and balances and the obligation of government to account to citizens.
However, Makokha argued that the President appeared to be shifting the emphasis of constitutionalism from limiting government power to demonstrating what government can deliver.
He cited the administration’s Bottom-Up Economic Transformation Agenda, healthcare reforms, affordable housing, education, agriculture and devolution as programmes Ruto increasingly presents as part of fulfilling the Constitution.
“Everybody wants constitutional rights to become lived realities,” Makokha said, while cautioning that constitutionalism is also about what government is prohibited from doing.
The journalist pointed to controversies surrounding the Ruto administration, including allegations of executive overreach, police violence, abductions, enforced disappearances, extrajudicial killings and corruption, as areas that have placed the government under scrutiny from courts, citizens and constitutional institutions.
Makokha further examined Ruto’s comments on judicial review and checks and balances. While the President defended judicial independence, he also questioned whether judicial interventions could unnecessarily hinder legitimate government action or create institutional deadlock.
The analyst also highlighted Ruto’s remarks on the 2024 protests, in which the President acknowledged young Kenyans’ constitutional right to demonstrate and their demands for accountability.
At the same time, Ruto stressed the responsibility of protesters to respect public order and avoid violence and destruction.
For Makokha, this revealed an imbalance in how constitutional responsibility is framed, with citizens being urged to exercise restraint while questions remain over how the State uses its coercive powers.
He argued that Kenya’s constitutional struggle has consequently entered a more sophisticated phase.
According to Makokha, the key challenge for courts, civil society and citizens is no longer simply defending the importance of the Constitution, but preventing the Executive from gaining a monopoly over defining what constitutionalism means.