- Willy Mutunga warned that Kenya’s constitution risks failing citizens if leaders and public institutions treat its provisions as inconvenient
- Speakers at The Trust Summit called for greater transparency, meaningful public participation and effective complaint resolution to rebuild confidence in public institutions
- The summit also examined whether public resources are distributed fairly and whether citizens’ contributions influence government decisions
Former Chief Justice Willy Mutunga has challenged Kenya’s leaders and public institutions to honour the constitution, warning that the country’s progressive legal framework cannot deliver meaningful change if those in power treat its provisions as inconvenient.
Source: UGC
Speaking during the opening day of the Global Trust Summit in Nairobi on Wednesday, October 21, Mutunga said the failure to implement constitutional principles threatened the relationship between citizens and the institutions meant to serve them.
“Our constitution is very progressive. But as long as those who are in power find it inconvenient, they are not willing to breathe life into it, and that includes institutions themselves,” he said.
His remarks set the tone for discussions on democratic participation, access to information and accountability, with speakers arguing that public trust depends on whether institutions translate their commitments into tangible results.
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Dr Andrews of International IDEA, representing Gram Matenga, said restoring confidence required more than carefully crafted public statements.
“It is not just about messaging; it’s also about change of process, change of people and change of direction,” he said.
The need for greater openness emerged as another central concern. Transparency International Kenya Executive Director Sheila Masinde argued that citizens should not have to resort to litigation to obtain information public institutions could disclose proactively.
Masinde also reminded elected leaders that public office comes with an obligation to fulfil the mandates entrusted to them by voters.
Public participation must go beyond attendance
The summit also examined whether citizens genuinely influence decisions or are merely invited to meetings without receiving feedback.
Mzalendo Trust Executive Director Caroline Gaita warned that public participation loses its meaning when institutions fail to explain what happens to the views collected.
“Participation without a feedback loop is not engagement; it’s attendance,” she said.
Government Spokesperson Charles Owino maintained that democracy should serve the public good, while Independent Policing Oversight Authority chairperson Duncan Ojwang’ called for inclusive participation that does not privilege the loudest voices.
Kenya National Commission on Human Rights chairperson Clarise Ogangah added that citizens retain their democratic power after elections and continue exercising it through public participation.
Leaders challenged to prove their commitment
Murang’a Governor Irungu Kang’ata argued that institutions earn credibility through their conduct rather than their promises.
“In terms of trust, you gain it by demonstrating, not by illustrating,” he said.
Independent Electoral and Boundaries Commission chairperson Erastus Edung Ethekon offered a different perspective, suggesting that distrust can sometimes become a catalyst for positive institutional reform by forcing organisations to confront weaknesses they might otherwise ignore.
Auditor-General Nancy Gathungu stressed the importance of credible information and effective accountability, while Communications Authority of Kenya Director Dr Priscilla said institutions must resolve complaints instead of merely acknowledging them.
“Trust does not stop with complaints. It stops when the complaint has been resolved,” she said.
Chief of Staff and Head of Public Service Felix Koskei added that institutions must practise the standards they expect others to follow.
“A regulator that demands compliance from others must be an example of compliance,” he said.
Who gets public resources?
Beyond governance and accountability, the summit explored how the distribution of resources affects public confidence.
Ford Foundation Regional Director for East Africa Margaret Mliwa challenged participants to consider who benefits from funding and whose priorities shape decisions.
“The question is who gets the resources, resources for whom, and who is at the table,” she said.
NBA Africa chief executive Clare Akamanzi similarly emphasised that announcements mean little without evidence of delivery, while venture capitalist Sean Karanja highlighted the importance of integrity in financing entrepreneurs.
The discussions highlighted a key challenge facing public institutions. They cannot rebuild public trust through communication alone but must make information accessible, address citizens’ concerns, resolve complaints, distribute resources fairly and show that public participation leads to meaningful change.
Source: TUKO.co.ke