“Entrusting unqualified individuals with the responsibility of shaping our nation’s laws has proven perilous, as the legislative process has increasingly become a conduit for corruption and a mechanism to advance the interests of the President or legislators themselves, rather than the public good.“

By Arch. Dr. D.K. Gitau

In Kenya’s Parliament, laws are passed—sometimes hastily, often controversially, and too often, corruptly. Despite the gains of the 2010 Constitution, legislative processes have increasingly become tools for political expedience, tribal manipulation, and personal enrichment.

This raises a critical question: should individuals without legal training—or in some cases, even basic education—be entrusted with shaping laws in a complex modern state?

Time for a Paradigm Shift

Kenya’s bicameral Parliament and 47 County Assemblies are formally mandated to make laws. But in reality, legislation is often drafted to serve political elites, with minimal regard for constitutional integrity or the public interest. Public participation, though enshrined, is routinely reduced to a token exercise.

To restore integrity, I propose a fundamental shift: transfer legislative drafting from Parliament to independent expert commissions composed of legal scholars, university lecturers, teachers, civic educators, and other professionals. These experts, working outside the political arena, would base their work on research, constitutional principles, and citizen consultation.

Once finalized, proposed laws would bypass Parliament entirely and be reviewed by a legal verification body comprising High Court judges, Law Society of Kenya representatives, and leaders from human rights organizations. If the panel approves, the bill becomes law—without presidential assent or parliamentary vote.

A Central Oversight Body

A Central Lawmaking Oversight Body should be established to coordinate this new process, chaired by an Ombudsman of high moral and intellectual standing. Selected through a non-partisan process, the Ombudsman would report to the judiciary and the public—not the Executive—and oversee transparency, public consultation, and quality control. This body could be housed temporarily at the Kenya High Court until permanent offices are established.

Historical Precedent and Proven Models

This approach is not without precedent. The U.S. Constitution was drafted in 1787 by 55 delegates—lawyers, philosophers, and professionals—who weren’t elected politicians but were chosen for their intellect and patriotism. The result was a document that has guided a superpower for over two centuries.

Kenya, too, followed this model in 2010 when the Committee of Experts, composed of legal minds and civil society actors, drafted the current Constitution. It was ratified by a national referendum, not passed by Parliament. That same model, if institutionalized, can guide all future lawmaking.

The Risks of the Current System

It is no secret that many Members of Parliament lack the educational background to comprehend or draft complex laws. Some, like Oscar Sudi and Kawanjiku, have faced public scrutiny over academic qualifications. Yet they vote on matters of national policy, constitutional amendments, and tax frameworks that require legal and ethical nuance.

This is not about elitism—it’s about competency. Laws are not just words on paper. They govern justice, power, and rights. Entrusting unqualified individuals with this sacred duty is reckless. Worse still, Parliament has become a hotbed of self-serving legislation—from shielding corrupt officials to manipulating electoral laws.

A Commission-Based Approach

A new lawmaking commission, appointed through a judicial panel led by the Chief Justice—not the President—would be accountable, apolitical, and professional. It would include:

• Legal scholars, economists, educators, and civil society representatives
• International observers for transparency
• Public forums, town halls, and online input mechanisms
• A binding review by a legal verification panel
• Mandatory referenda for constitutional amendments and high-impact policies

Once this legal review body approves a draft, it becomes law—removing the politics from the process and returning the focus to legal soundness, justice, and public interest.

Reclaiming Law from Politicians

Critics may argue this model weakens Parliament. But true sovereignty lies with the people—not their representatives. If lawmakers consistently misuse their authority, the public has a right to demand reform.

Others may dismiss this as utopian. But Kenya has already proven this model works. The 2010 Constitution was not drafted in Parliament. It was drafted by experts and approved by the people. What we need now is to make that the rule, not the exception.

Globally, similar citizen-expert hybrid models have been used in Iceland and Ireland with impressive results. Kenya can lead Africa in pioneering a depoliticized, expert-driven legislative framework.

Conclusion: A Call to Action

Kenya stands at a turning point. With widespread Gen Z protests and growing demands for accountability, the old ways of lawmaking no longer inspire confidence. We need a new architecture—one that removes law from partisan hands and places it in the custody of expertise, ethics, and public trust.

Let us stop normalizing mediocrity in our legislative chambers. Let us protect our future by ensuring laws are made by those who understand law—and made for those who need justice, not political favors.

The Constitution is not just a document. It is a promise. It’s time we started keeping it.

Disclaimer: This is an opinion piece by Arch. Dr. D.K. Gitau and does not necessarily reflect the views of The Diaspora Times.