While Kenya’s 2010 Constitution is hailed as one of the most progressive in the world, a disturbing pattern has emerged in the corridors of power. The Mother Law is under a vicious attach from the executive and the judiciary. Of course, the legislature is largely ceremonial: nothing to write home about.

Kenya’s neighbours in Tanzania double down on patriotism and Uganda navigates its own path- nonchalantly. Kenya increasingly appears to be the regional “enabler” of foreign entities and external financial interests. Rule of law in Kenya is big business and business sets the law. Rights are irrelevant.

Great divergence: Principles versus profits

Tanzania’s patriotic armour: Rooted in the legacies of founding President Mwalimu Julius Nyerere and President of Fifth Republic (Awamu ya Tano) John Pombe Magufuli, the Tanzanian judiciary has shown a consistent willingness to prioritise national interests and moral integrity over the demands of international “business heists.”

They treat sovereignty as a non-negotiable asset.

Kenya’s open door or trap door?

In contrast, Kenya’s legal and executive arms are more focused on “market-friendly” optics than protecting the Kenyan citizen. From the East African Development Bank (EADB) disputes to the auctioning of local assets under foreign rulings, the system feels less like a shield for the people and more like a bridge for neo-colonial interests. The state is an auctioneer of sovereign interests, hence the metaphor of prostitution.

Under the presidencies of Uhuru Kenyatta and William Ruto has become a playground for “foreign masters.” This explains why British soldiers who regularly train in Kenya under bilateral – if indeed Kenya has a say in it – can abuse Kenyan women in the north of the country, impregnate them and murder them when they demand at the men take responsibility. It mirrors how British government and institutions regard Kenya: use and dump.

Bitter irony of 2025 Conflict of Interest Act

It took the World Bank and the International Monetary Fund (IMF) to “twist the arms” of the executive and legislature to finally enact the Conflict of Interest Act 2025.

Problem: Integrity shouldn’t be a condition for a loan; it should be a baseline of governance.

Smell of mediocrity: When our laws are “donated” by external masters to curb a corruption we’ve normalised, we aren’t just losing money – we are losing our soul. Prostitution!

‘Impunity for sale’ culture

We are witnessing the rise of a “pseudo-social media” class that celebrates opulent, ill-gotten wealth while insulting those who question the source. This is the modern colonial life: living large on illegal amassing while the average Kenyan is taxed into the ground to pay for debts that never reached the ground.

“If sovereignty is only for sale to the highest bidder, then our 2010 Constitution is nothing more than a beautifully written receipt for a country that has already been sold.”

• A Tell Media report / By Faith Mirunde Hakala – Ms Hakala is a public legal educator and a long-serving paralegal in Kenyan judiciary.