Raila Odinga, a towering figure in Kenyan politics, has for decades been at the forefront of efforts to reform the nation's constitutional framework. His relentless pursuit of a more just and equitable constitution has shaped Kenya's political landscape, from the struggle for multi-party democracy to the promulgation of the 2010 Constitution and ongoing calls for further amendments.

Odinga's advocacy for constitutional change is rooted in a long history of challenging centralised power and pushing for greater accountability. He has consistently argued that the constitution is a living document that must evolve to meet the changing needs of Kenyans.

Historical and Political Context

Kenya's constitutional journey began with the 1963 independence constitution, which established a multi-party parliamentary system. However, this was swiftly altered in 1964 to create a republic with an executive presidency, a system that gradually consolidated power in the hands of the President.

The clamour for comprehensive constitutional reform intensified in the early 1990s with the push for multi-party democracy, a movement in which Odinga played a significant role. The 1969 Constitution, which replaced the independence constitution, had been amended numerous times by 2010, leading to a widespread consensus that a major overhaul was necessary to create a more democratic framework with greater parliamentary oversight of the executive.

Odinga's involvement in constitutional reform efforts gained significant momentum in the lead-up to the 2010 Constitution. Following the 2007-2008 post-election violence, constitutional reforms became a key part of the peace negotiations. Odinga was instrumental in the formation of a committee of experts that produced the harmonised draft, which was ultimately passed by voters in a referendum in August 2010.

Laws, Policy and Governance

The 2010 Constitution significantly curtailed the extensive powers of the presidency and introduced a devolved system of government with 47 counties, each with elected governors and assemblies. This was a landmark achievement aimed at decentralising power and resources.

Despite these significant reforms, Odinga has continued to advocate for further constitutional amendments. In August 2025, during the commemoration of the Constitution's 15th anniversary, he outlined sweeping proposals, including restructuring devolution and abolishing the provincial administration. He argues that the provincial administration, a colonial relic, undermines devolution and that a three-tier system of government (national, regional, and county) would enhance development.

Odinga has also called for Members of Parliament to surrender the National Government Constituencies Development Fund (NG-CDF) to county governments, asserting that lawmakers should focus on oversight rather than project implementation. He believes this would prevent the centralisation of power and ensure that funds are managed at the most appropriate level.

Stakeholders and Testimonies

Odinga's proposals have garnered both support and resistance. While some constitutional law experts, like Professor Ben Sihanya, have echoed his calls for change, particularly regarding the two-thirds gender rule, governors and local leaders are expected to resist reforms that could dilute their control over resources and potentially impact their political careers.

President William Ruto, while acknowledging the importance of the Constitution, has focused on warning against judicial corruption that could derail its promise, rather than endorsing constitutional changes. He has highlighted the success of devolution, noting that the National Government has transferred approximately KSh 4 trillion to counties since its inception.

Evidence and Data

The 2010 Constitution was approved by over 67% of the population through a referendum. Since devolution began, the National Government has disbursed approximately KSh 4 trillion to county governments.

Risks and Implications

The ongoing debate over constitutional amendments carries significant political implications. Proposals to restructure devolution or abolish the provincial administration could lead to clashes between different levels of government and political factions. The potential for a shift to a parliamentary system or the introduction of more executive positions, as advocated by Odinga, could fundamentally alter Kenya's governance structure.

Unknowns and Controversies

The exact mechanisms and timelines for implementing any proposed constitutional changes remain uncertain. The Building Bridges Initiative (BBI), a previous constitutional review effort co-chaired by Odinga, was declared unconstitutional by the Supreme Court, highlighting the complexities and potential legal hurdles involved in such processes.

Timeline and Next Steps

As of Thursday, October 16, 2025, the debate on constitutional amendments continues. Odinga has stated his intention to take his proposals directly to the citizens if political consensus is not reached.

What to Watch

Observers will be keenly watching for further developments in the constitutional reform debate, particularly any concrete steps towards a referendum or parliamentary action on the proposed amendments. The interplay between political leaders, civil society, and the judiciary will be crucial in shaping the future of Kenya's constitutional framework.