Nairobi: Attorney General Dorcas Oduor has initiated a Multi-Sectoral Committee on Legislative Reform and Alignment to scrutinize outdated, obsolete, and unconstitutional laws, aiming to harmonize Kenya’s legal framework with the Constitution of Kenya, 2010. Speaking during the launch at Sheria House in Nairobi, Oduor explained that the committee’s mission is to identify laws and subsidiary legislation that have been declared unconstitutional by the courts or have become obsolete and no longer serve any legal or administrative purpose.
According to Kenya News Agency, the Attorney General emphasized that despite court rulings declaring several statutory provisions unconstitutional, many affected laws remain in the official Laws of Kenya due to incomplete legislative processes by Parliament and the Executive. Oduor highlighted that when higher courts declare a statute or section unconstitutional, that provision becomes null and void to the extent of its inconsistency, yet it remains the responsibility of the Executive and Parliament to update the physical text of the Laws of Kenya.
She further noted that outdated and unconstitutional laws have led to legal uncertainty, complicated government program implementation, and exposed the State to unnecessary constitutional disputes and litigation. Oduor stated the importance of a coherent legal framework for promoting economic development, social justice, good governance, and political stability, asserting that aligning laws with the Constitution will reduce litigation and create a more predictable legal environment.
The Attorney General called on the public, legal practitioners, civil society organizations, professional bodies, and other stakeholders to actively participate in the review process by submitting proposals on laws they consider obsolete, unconstitutional, or in need of amendment. She stressed that public involvement is crucial in ensuring the reforms reflect the aspirations of Kenyans and strengthen constitutionalism and the rule of law.
Kenya Law Reform Commission Chairperson Christine Anyango Agimba revealed that the Commission had conducted preliminary analyses to guide the committee’s work. She stated that the Commission identified 64 court decisions between 2014 and 2024 affecting 50 Acts of Parliament, four statutory instruments, and approximately 128 statutory provisions declared unconstitutional. Agimba emphasized that the presence of unconstitutional laws is not merely a technical issue but affects citizens, public institutions, and businesses relying on clear and predictable laws.
Agimba also disclosed that the Commission identified 42 statutes that may have become obsolete, either overtaken by the Constitution, replaced by later legislation, or establishing non-existent institutions. The committee plans to complete its preliminary review within three months, followed by public participation and legislative proposals for submission to Parliament.
Solicitor General Shadrack J. Mose urged Kenyans to support the review process actively, noting that implementing the Constitution is a collective responsibility requiring citizens’ participation. He encouraged the media to highlight unconstitutional laws that remain in the statute books to strengthen accountability and promote constitutional compliance. Mose expressed confidence that the committee’s recommendations would modernize Kenya’s legal framework, improve legislative coherence, and support effective service delivery across government institutions.
The committee is set to collaborate with government ministries, constitutional commissions, independent offices, legal experts, and other stakeholders to ensure the country’s legal framework aligns with constitutional requirements and contemporary governance needs.
