Orals East Africa>Beware of hidden dangers in calls for a Constitutional referendum At the hut of the story

Written by Evans Nyamoto

Next week, on August 27, Kenya will mark 14 years since the 2010 constitution was inaugurated. Our current constitution has been globally celebrated as 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 or government budget. 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 (both government and opposition) 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 shows 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 that they can reveal their plans to claw back our 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.

Further, Article 31 guarantees the right to privacy, which extends to reproductive choices. Notably, Article 35(b) explicitly recognizes the right to access information “required for the exercise or protection of any right or fundamental freedom.”

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. These articles aren’t just words; they represent a commitment to creating a Kenya where young people can thrive.

Opponents of these provisions often paint a skewed picture, especially when talking about reproductive health. The right to reproductive health is not fundamentally about abortion, but about empowering young people to make informed decisions about their bodies, relationships and future. Comprehensive Sexuality Education (CSE) equips us with the knowledge to prevent sexually transmitted infections (STIs) like HIV, a major public health concern in Kenya. A 2023 report by the National Aids Control Council (NACC) revealed that young people have the highest HIV prevalence rate in the country.

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.

Groups like the Kenya Christian Professionals Forum (KCPF) are just waiting for the political class to kick off a referendum before they pounce with proposals to rollback these very rights. These groups have been known to employ fear tactics, portraying SRHR as a threat to cultural and religious values.

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 and active and powerful document, a 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. The future of Kenya, quite literally, hinges on our choices.