The Ethical Re-imagination of the 2010 Constitution: Unfinished Business of Chapter 6
Constitutional expert Bobby Mkangi led the discussion on: The Ethical Re-imagination of the 2010 Constitution: Unfinished Business of Chapter 6 Bobby Mkangi dealt with “The Ethical Re-imagination of the 2010 Constitution: Unfinished Business of Chapter 6,” underscoring the importance of the voice of the people in the Constitution of Kenya, 2010 (CoK).
He emphasized that 15 years ago, since the promulgation of the Constitution, there is a way Kenyans thought, envisioned and imagined their lives under the new constitutional order. Mkangi traced the history of the CoK 2010, highlighting the mandate of the Committee of Experts (CoE), the evolution of Chapter Six, and the continuing debate on whether Chapter Six is unfinished business or will remain perpetually unfinished.
He recounted the events leading to the drafting of Kenya’s current Constitution—highlighting the agitation for multi-party democracy, the various constitutional attempts culminating in the 2005 referendum, the 2007/2008 post-election violence, the establishment of the Committee of Experts, and finally, the promulgation of the Constitution in 2010.
He acknowledged that Kenyans made significant contributions to specific constitutional provisions, particularly the introduction of Chapter Six, which anchors integrity and ethical conduct in leadership.
He recounted that owing to Kenya’s historical experiences, Kenyans saw a clear need to dedicate a specific chapter to integrity and ethical behaviour. He described Chapter Six as a portrait of strict accountability, including the prohibition of individuals from holding public office. He noted that institutions are only as good as the people leading them, and emphasized the need for good, ethical, servant leadership.
Further, underscored the centrality of the Judiciary, describing it as the DNA of Chapter Six. In discussing re-imagination and the way forward, Mkangi underlined the need for the full implementation of the Constitution. In the broader picture, he emphasized the need for judicial pronouncements to embody dignity (UTU).
