In his Madaraka Day address, President Uhuru Kenyatta said he has discerned a constitutional moment “to get right what the country got wrong” in the 2010 referendum.

It was hoped that the Constitution would overhaul the political system many had come to view as predatory and set the country on a path to peace and prosperity. But alas, we were wrong: The new Constitution had not drained out the hatred, the scheming, the partisanship, the anger and deep-seated tribalism out of our politics.

Despite the Constitution creating more avenues for sharing the spoils after an election through devolution, the bitterly fought 2013 and the 2017 general elections were a sober reminder that not much had changed.

Didn’t we believe that the Constitution would cure corruption by promoting a clean government through the embedded accountability and transparency mechanisms? Or that through it, institutions like the Judiciary and the Legislature would thrive; that Media would be let to bark and bite hard while the civil society would fiercely agitate without State encumbrance.

Though elections were held as scheduled, they weren’t sufficient enough to cause the expected change. Increasingly, it has looked as though incumbency will be rewarded over and over. “The new reality, though” (after 2010) writes Charles Hornsby in Kenya: A history since independence “was more sobering… A new Constitution changed the rules of the game but, the players remained the same and they still appeared to be playing to win.”

Therein lies the rub. To be sure, democracy thrives when everyone feels they have a stake in it. Because the barriers to the “high table” remain too rigid and too high, government remains an exclusive club of a few.

The long-sought checks and balances against the presidency and the Executive, for example, have proved inadequate.

Parliament vets all presidential appointees unlike in the past, yet one never misses the feeling that this is more a clearing and forwarding process than nothing else. The clearing of former Sports CS Rashid Echesa – in spite of the obvious shortfall in his character and CV-is one case in point.

Underlying issues of poverty, inequality and exclusivity – that are central to national healing and reconciliation - remain unaddressed. To the winner goes all the spoils; to the loser nothing.

Make no mistake, a Constitution will not of itself cure all our problems. There were valid reasons to amend the first-past-post model that led to the dusk swearing-in of President Kibaki in 2007. Now, there is growing consensus (among the political class) that its other cousin, the winner-takes-it all is equally obnoxious.

Yet this has been proven elsewhere as the sure way to renew government and get the best from the political class.

Certainly, there is some good in the 2010 Constitution: A robust Bill of Rights; a clear separation of powers between the Executive, the Legislature and the Judiciary; and the radical inclusion of devolution are all well-intended. Yet there is something eerily unsettling about the status quo. I have written before that we are yet to experience the power of the people over the politicians; we have repeatedly witnessed the power of the politicians over the people.

President Kenyatta ought to convince the masses that his adventurism is meant to tilt the scales of power their way. Would that he first built and emphasised faith in institutions. A lack of faith in institutions (ECK and Judiciary) precipitated the 2007/08 post-election violence.

The dysfunctional state of the IEBC is worrisome. In spite of the pummeling from the Executive and the Legislature, the Judiciary remains steady.

A divisive referendum could imperil the unity and undermine his legacy further. For the simple reason that the 2010 Constitution was a grassroots’ driven initiative. He needs to disabuse the public of the notion that BBI is a top-down route.

For many struggling to have a foothold on the ladder of opportunity- but who feel that the rungs have been removed- a discussion about the Constitution should be more than allocating posts to appease tribal lords.

He needs to acknowledge that the post-Covid-19 situation is grim. As the economy contracts (to below 5 per cent of GDP growth) mounting business losses will lead to massive lay-offs, job freezes, withheld payments and fractured livelihoods. The structure of government to a man going back home with empty hands will be a hard sell. The President needs to consider the trade-off between reviving the economy and pushing through a costly referendum.

Unless balanced well, this will certainly deny Uhuru and Raila that last hurrah.

- Mr Kipkemboi is The Standard’s Associate Editor Partnerships and Projects. akipkemboi@standardmedia.co.ke