As Katiba Institute marks its 15th anniversary, it is celebrating the contribution of Professor Yash Pal Ghai, one of the key figures behind Kenya’s long journey towards the adoption of the 2010 Constitution.
The celebrations also coincide with a significant date in Kenya’s history. On November 10, 2000, Ghai was appointed chairperson of the Constitution of Kenya Review Commission (CKRC), at a time when Kenyans were pushing for political reforms and a new Constitution.
Ghai, a respected constitutional lawyer and scholar, played an important role in bringing together different groups involved in the reform process, including the parliamentary-led review team and the Ufungamano Initiative, which brought together religious organizations and civil society groups.
One of his biggest contributions was ensuring that ordinary Kenyans had an opportunity to share their views on the kind of Constitution they wanted.
In a video shared by Katiba Institute during its anniversary celebrations, Ghai recalls travelling across the country with the commission to listen to citizens. “But this time, I don’t talk, you talk,” he remembers telling residents. However, he soon realized that some people were afraid to speak openly, particularly when police officers and government administrators attended the meetings.
Ghai recalls how one resident questioned whether people could freely express themselves with a police inspector present. He subsequently asked the officials to give residents space to speak and more people began sharing their views. “I wanted to show that we respected them,” Ghai says. Those consultations contributed to the constitutional review process that produced the Bomas Draft in 2004. Although political disagreements delayed the reforms, Kenya eventually adopted a new Constitution in August 2010, introducing major changes including devolution, a stronger Bill of Rights and greater checks on government power.
Ghai’s contribution to constitutional reform goes beyond Kenya. He has taught law at several universities, including the University of Dar es Salaam, where he became the first African dean of the law faculty and has contributed to constitutional processes in more than 20 countries. However even after Kenya adopted its new Constitution, Ghai believed there was still work to be done.
In 2011, he co-founded Katiba Institute alongside fellow constitutional scholar Jill Cottrell Ghai, with Waikwa Wanyoike serving as its first Executive Director. Their concern was that having a new Constitution did not necessarily mean its provisions would be respected. Fifteen years later, Katiba Institute continues to defend constitutional rights through public interest court cases, civic education, research and efforts to hold public institutions accountable. The organization is marking the milestone through a digital campaign running from October 26 to November 13, 2026, celebrating the people who helped build it and reflecting on the work that is still continuing.
Ghai’s contribution also offers lessons for other countries in the region, including Tanzania, where calls for a new Constitution have continued for years. His experience in Kenya shows the importance of involving citizens in constitutional reforms, listening to their concerns and ensuring that the promises made in a new Constitution are actually put into practice.
