From Symbolic Constitutionalism to Real Constitutionalism

Abstract

In 2010, Kenyans adopted a new constitution that was meant to limit the power of the presidency and entrench the culture of constitutionalism. However, the past 13 years have shown that ‘the forces of authoritarianism appear to have regrouped and are staging a comeback’. These attempts have been met with resistance from Kenyan citizens, who have shown that they are willing to defend their constitution. One example of this resistance is the BBI case, in which the High Court struck down a constitutional amendment bill that would have given the president more power. This week, the High Court issued another spectacular ruling in which presidential power is further curtailed.