Beware of hidden dangers in calls for Constitutional referendum

Former President Mwai Kibaki displays the Constitution during the promulgation of the new constitution at the Uhuru Park grounds in the capital Nairobi on August 27, 2010. [Reuters]

On August 27, Kenya will mark 14 years since the 2010 constitution was inaugurated. Our constitution has been globally celebrated as being among the most progressive, especially for the powers and freedoms it gives Kenyan citizens, as well as the rigorous checks and balances designed to ensure that the people’s will remains supreme while curbing all attempts at impunity or authoritarian leadership.

As a young Kenyan, I am amazed at how much power and influence Gen-Z have wielded in the past few weeks, without needing to be propped up by a political party. Such vibrance in exercising our democratic rights would not be possible without our current constitution. But a dark cloud now hangs over the nation as we commemorate Katiba Day this year.

The political class is pushing for a constitutional referendum to alter the very document that protects the people they claim to represent.

Although the rhetoric has been framed as a need to reduce the size of government, the timing and the series of events preceding it show that the constitution has become an inconvenience to the political class.

Even more terrifying are the silent groups just waiting for the referendum to take off so they can reveal their plans to claw back fundamental freedoms, including the rights of youth and the adolescents to access reproductive healthcare.

Article 43(1) of the 2010 Kenyan Constitution enshrines the right to the highest attainable standards of health, “including reproductive health”. Article 27(1) and (2) guarantee equality and non-discrimination, ensuring access to these services for all, regardless of gender, sexual orientation, age, or socioeconomic background.

This is a critical step towards informed decision-making by young people. The Gen-Z protests achieved the results they did because young people were working from a point of information and not propaganda. Opponents of these provisions often paint a skewed picture, especially when talking about reproductive health, which is not fundamentally about abortion, but about empowering young people to make informed decisions about their bodies, relationships and future. 

With readily available SRHR information and services, young women wouldn’t be forced to resort to unsafe abortions – a leading cause of maternal mortality, according to the Kenya Health Demographic Survey (KHDS) 2014. Teenagers wouldn’t be left vulnerable to exploitation or unplanned pregnancies, derailing their education and career aspirations. Religious groups are just waiting for the political class to kick off a referendum before they pounce with proposals to rollback these very rights. 

Further, claims that sexuality education promotes promiscuity are demonstrably false. A 2024 study by the African Population and Health Research Centre (APHRC) found that age-appropriate sex education delays sexual debut among young people. Kenyans deserve to be informed by facts, not fear mongering!

The upcoming Katiba Day on August 27 is a stark reminder that our constitution is a living, active and powerful document, testament to the collective will of the people. We must actively defend it from those who seek to undermine our hard-won freedoms. Kenya stands at a crossroad.

We can choose to embrace a future where young people are empowered, healthy, and able to reach their full potential, or we can succumb to misinformation and regression. Let us honor the spirit of Katiba Day by making Katiba work, and stand united in protecting the rights enshrined in our constitution. 

Mr Nyamoto is a HR professional and a human rights defender