Pakistan’s parliament has formally enacted the 27th Constitutional Amendment, a sweeping piece of legislation that grants the nation’s powerful army chief, Field Marshal Asim Munir, lifetime immunity from prosecution and establishes a new, supreme military position. The law, signed by President Asif Ali Zardari on Thursday, November 13, 2025, has been condemned by critics as a “funeral for democracy” that fundamentally alters the country’s judicial and military structures, concentrating power in the armed forces.

The amendment, which passed the National Assembly on Wednesday, November 12, with a two-thirds majority amidst an opposition boycott, creates the role of Chief of Defence Forces (CDF). This new position, to be held concurrently by the army chief, gives Field Marshal Munir constitutional authority over the army, navy, and air force, abolishing the existing office of the Chairman of the Joint Chiefs of Staff Committee. This move formalizes the army chief's de facto status as the most powerful figure in the country.

Perhaps most controversially, the law extends lifetime immunity from any criminal proceedings to officers promoted to the five-star ranks of Field Marshal, Marshal of the Air Force, or Admiral of the Fleet. Such officers will also retain their rank, uniform, and privileges for life. This protection, previously reserved only for a sitting president, effectively places the military leadership above the law, a move that legal experts warn makes a mockery of civilian supremacy and erodes accountability. Salahuddin Ahmed, a constitutional lawyer, stated the amendment “completely destroys any notion of independence in the judiciary in Pakistan” and sets the country “on the way to a lifelong dictatorship.”

A History of Military Dominance

The military has long been an influential force in Pakistani politics since its independence in 1947, with the nation spending roughly half of its history under direct military rule. Leaders like General Ayub Khan, General Zia-ul-Haq, and General Pervez Musharraf each seized power in coups, suspending democratic institutions. Even during periods of civilian government, the military has been widely seen as pulling the strings from behind the scenes in a system often described as a “hybrid rule.”

Analysts suggest this amendment marks a decisive shift beyond that hybrid system. Michael Kugelman, Director of the Wilson Center's South Asia Institute, commented that Pakistan is now experiencing a “post-hybrid system” where the “civil-military imbalance is about as imbalanced as it could possibly be.” The move is seen by some as a direct response to the past prosecution of a former army chief, Pervez Musharraf, for treason, creating a constitutional shield for future military leaders.

Judicial Overhaul and Opposition Outcry

Alongside the military reforms, the 27th Amendment significantly restructures the judiciary. It establishes a new Federal Constitutional Court (FCC) that will take over exclusive jurisdiction on constitutional matters, stripping the Supreme Court of its original powers in this domain. The president is also granted the power to transfer high court judges, a provision critics fear could be used to punish non-compliant members of the judiciary. In protest, two Supreme Court judges, Mansoor Ali Shah and Athar Minallah, resigned, with Justice Shah calling the amendment a “grave assault on the Constitution of Pakistan.”

The government, led by Prime Minister Shehbaz Sharif, has defended the changes as necessary for efficiency and modernization. Law Minister Azam Nazeer Tarar stated the reforms aim to bring “constitutional oversight to defence appointments while preserving military honour and tradition.” However, the opposition, including the party of jailed former prime minister Imran Khan, Pakistan Tehreek-e-Insaf (PTI), has decried the legislation as “deeply undemocratic” and the “final nail in the coffin of an independent judiciary.” The Human Rights Commission of Pakistan (HRCP) also condemned the government's haste and lack of consultation with legal and civil society groups.

Implications for Kenya and East Africa

While the immediate impact of Pakistan's constitutional changes is domestic, the entrenchment of military authority in a nuclear-armed state of over 250 million people carries significant global and regional implications. For Kenya and the East Africa region, the primary concerns are stability and trade. Pakistan is a key trading partner for Kenya; it is the largest buyer of Kenyan tea and a major market for other exports. In 2019/2020, total trade between the two nations was valued at USD $736 million (KES 73.6 billion).

Political instability in Pakistan could potentially disrupt these vital economic links. Furthermore, Kenya serves as a strategic gateway for Pakistani investors into the broader African market. Increased authoritarianism and potential internal strife could deter this economic engagement. Both nations are members of the Commonwealth and have historically enjoyed cordial diplomatic relations, with ongoing cooperation in areas like education and development. In May 2024, National Assembly Speaker Moses Wetang'ula met with Pakistan's High Commissioner to discuss strengthening these ties. The long-term effects of this power shift on Pakistan's foreign policy and its reliability as an international partner remain a critical watchpoint for Nairobi and its neighbours.