Press Release

Battalion Day: Sixty Years of Secular Constitutional Failure

(Translated)

August 27, 2025, marks the fifteenth anniversary of the promulgation of the Supreme Law of 2010. The Kenyan Constitution of 2010 has been hailed as transformative, introducing fundamental political, social and economic reforms aimed at ending decades of instability under the previous Constitution.

In this regard, we in the Media Office of Hizb ut-Tahrir in Kenya would like to clarify the following:

Since its promulgation, constitutional crises in Kenya have revolved mostly around implementation loopholes, electoral disputes, separation of powers, the gender rule and the amendment process. As Dr. Willy Mutunga, Kenya's first Chief Justice, has repeatedly said, the Kenyan Constitution of 2010 is a progressive document that will take at least 20-30 years to fully implement. The idea that a new constitution will be able to address the problems that the colonial constitution failed to address, 15 years is sufficient evidence of the abject failure of secular constitutionalism, the only success story is prolonging a miserable life, exacerbating corruption, deteriorating economic situation, extrajudicial killings, and much more.

Statutory constitutions are easily manipulated by political entities, where political interests are given priority even over laws and the constitution. The basis of the new constitution, which Kenyans voted for after a referendum in 2010, is in essence the same as the old colonial constitution in granting man absolute sovereignty and stripping it from the Creator of man, life and the universe as the sole source of guidance and legislation. The reality of secular constitutions shows the weakness of human nature in determining the direction of humanity, as it is often subject to manipulation, amendments, or even the drafting of a completely new document. In the end, history has proven time and again that man cannot be the source of guidance to achieve true liberation from the flaws of democratic constitutions in which the evil capitalist principle flourishes. In fact, we call on people from all walks of life, including intellectuals, academics, and politicians, to work to consolidate divine guidance that is not prone to modification and is not prey to self-centered leadership. Certainly, man needs guidance from God Almighty. This liberation was clearly manifested in the speech of Rib'i bin Amir to Rustam, the leader of the Persian Empire: "God sent us to bring people out from the worship of people to the worship of the Lord of people, from the injustice of religions to the justice of Islam, and from the narrowness of this world to the vastness of this world and the Hereafter."

The constitution is a vital document that determines the form of the system of government, establishes a contract between the rulers and the ruled, and is an expression of the nation's creed and values that govern all aspects of life. Islam, as a comprehensive doctrine, requires a constitution based on the law of God. This constitution can only be implemented through the Caliphate State, which will soon be established, God willing, in one of the Muslim countries.

Shabana Mwalimu

The Media Representative of Hizb ut-Tahrir

In Kenya