NAIROBI,Kenya – As we settle into the new year let us take a moment to reflect on one of the most profound pillars of our nationhood: the sovereignty of the Kenyan people. We have much to cherish and protect, particularly the rights and responsibilities enshrined in Article 1 of our Constitution.
This sovereignty transcends mere rhetoric; it embodies a living reality that empowers each citizen. Article 1(1) of the Constitution explicitly states that “all sovereign power belongs to the people of Kenya and shall be exercised only in accordance with this Constitution.” This assertion affirms that we, the citizens, are the ultimate bearers of authority, with all state power emanating from our collective will.
Kenyans exercise this power in two significant ways: directly or through our democratically elected representatives. Sovereign power is delegated to three principal state organs: Parliament and legislative assemblies at the county level, the national executive and county executive structures, and the Judiciary along with independent tribunals. These institutions act as custodians of our power, charged with serving the public interest and upholding the Constitution, not exercising authority independently but doing so within the confines of constitutional mandates.
The exercise of sovereignty spans two tiers of government: national and county. This dual framework decentralizes governance, ensuring that all citizens, irrespective of their geographical location, can actively participate in the systems that impact their lives. From education, healthcare, and housing to infrastructure and social welfare, the decisions made at both levels significantly affect the fundamental aspects of our daily lives.
As we reflect on the events of 2024, the power of the people has never been more evident. The surge of protests and demonstrations illustrated the strength of collective action and the profound desire for justice, accountability, and inclusivity. By confronting governance shortcomings and advocating for solutions to pressing issues, Kenyans have demonstrated that sovereignty is not a dormant right but a dynamic force capable of instigating change.
However, achieving this sovereignty necessitates a transformation in both mindset and action. Public forums and hearings frequently see low attendance, and many citizens remain unaware of their rights to engage. This disconnect undermines our democracy and weakens the relationship between those in power and the citizens. To address this issue, we must foster a culture of civic engagement, where every Kenyan, irrespective of their background, is informed, involved, and empowered.
Inclusivity is paramount. Genuine sovereignty is attained only when all voices—women, youth, persons with disabilities, and marginalized groups—are represented. Their insights enhance our democracy and ensure that decisions reflect the rich diversity of Kenya.
As Franklin D. Roosevelt aptly stated, “Democracy is not a static thing. It is an everlasting march.” This year, let us commit to transcending mere rhetoric and embracing active citizenship. Let us participate in public forums, engage in decision-making processes, and hold our leaders accountable.
We cannot afford to let sovereignty be a mere concept confined to legal documents or lofty speeches. It is the foundation of our democracy, the source of our collective strength, and the foundation of our aspirations. As we navigate this new year, let us rise to the challenge of active participation, ensuring that every decision made in Kenya is informed by the voices of its people.
We have the opportunity to convert our sovereignty from a mere concept into a tangible experience, one that enables every Kenyan to play a role in creating a more promising and inclusive future. Let us proceed with purpose and pride, recognizing that the strength of our democracy lies in the hands of its people.
The writer, Beatrice Monari is a Programme Consultant at the Kenyan Section of the International Commission of Jurists (ICJ Kenya).
