Attorney General Moves to Purge Unconstitutional Laws from Kenya's Statute Books

Attorney General Moves to Purge Unconstitutional Laws from Kenya's Statute Books.

Attorney General Dorcas Oduor addresses the media in Nairobi during the unveiling of a nationwide legislative reform initiative to align Kenya's laws with the Constitution.

By Jeff Oyugi 

Nairobi - July 22, 2026

Sixteen years after the promulgation of the Constitution of Kenya 2010, Attorney General Dorcas Oduor has unveiled a nationwide legislative reform initiative aimed at eliminating unconstitutional, outdated and redundant laws that continue to exist in the country's statute books despite landmark court rulings.

Speaking during the launch of the Multisectoral Committee on Legislative Reform and Alignment, Oduor said Kenya had reached a critical moment where its legal framework must fully reflect the values, principles and governance structure established by the Constitution.

She noted that although the Constitution ushered in sweeping reforms that transformed the country's governance architecture, many statutes enacted before and after 2010 have either failed to keep pace with constitutional developments or remain unchanged despite being declared unconstitutional by the courts.

"Beyond the laws that courts have already declared unconstitutional, we also have numerous statutes that have become obsolete and no longer reflect the realities of modern governance," Oduor said. "These gaps undermine legal certainty and weaken the effective administration of justice."

The Attorney General described the Constitution as a transformative legal instrument that fundamentally reshaped Kenya's system of government, strengthened the protection of human rights and entrenched the rule of law. She said the country's legal framework must now be harmonized to match those constitutional aspirations.

As the government's principal legal adviser under Article 156 of the Constitution, Oduor said her office bears the responsibility of safeguarding constitutionalism and ensuring legislation complies with the supreme law.

She explained that whenever the High Court, Court of Appeal or Supreme Court declares a statutory provision unconstitutional under Article 2(4) of the Constitution, that provision immediately becomes invalid to the extent of its inconsistency with the Constitution.

However, she observed that judicial declarations alone do not automatically amend Kenya's statute books.

"The responsibility of cleaning up our laws ultimately lies with the Executive and Parliament. Unfortunately, many legislative amendments arising from court decisions have never been completed," she said.

According to Oduor, an audit of judicial decisions has revealed a worrying backlog of unconstitutional provisions that continue to appear in existing legislation despite having been nullified by the courts.

She warned that the persistence of such provisions has created legal uncertainty, complicated implementation by public institutions and fragmented Kenya's legal system.

The Attorney General further noted that outdated laws have exposed government agencies to expensive constitutional litigation while delaying the delivery of justice and public services.

"The existence of obsolete and unconstitutional provisions creates unnecessary confusion for institutions charged with implementing the law and increases the cost of governance," she said.

To address the challenge, Oduor officially launched the Multisectoral Committee on Legislative Reform and Alignment, describing it as a landmark initiative that goes beyond an ordinary government taskforce.

She said the committee has been designed as an inter-institutional mechanism that will modernize Kenya's legislative framework, strengthen constitutional compliance and ensure laws respond to contemporary governance needs.

"This committee is envisioned as a seminal inter-institutional platform that will protect constitutionalism while ensuring our legal framework serves the public interest," she said.

The committee brings together legal experts and representatives from key government institutions in an effort to guarantee broad-based participation and technical expertise throughout the review process.

Oduor challenged members to undertake a thorough, objective and comprehensive review of Kenya's legal framework, guided by several key priorities.

Among its primary assignments will be examining judicial decisions that have invalidated statutory provisions, identifying legislation that has been declared unconstitutional or inconsistent with the Constitution, and recommending appropriate legislative action.

The committee will also review obsolete, redundant and spent laws that no longer serve any practical legislative purpose and recommend their repeal.

In addition, members will identify structural and policy gaps that have emerged over time as a result of constitutional reforms, judicial interpretation and institutional changes.

The Attorney General said the committee would also be expected to formulate practical legislative and administrative proposals, including amendments, repeal of outdated provisions, consolidation of fragmented laws and drafting of new legislation where necessary.

"The objective is to create a coherent legal framework that reflects today's constitutional, institutional and governance realities," she said.

Recognizing the magnitude of the assignment, Oduor announced that the Kenya Law Reform Commission (KLRC) will chair the committee owing to its statutory mandate on law reform.

She added that the committee's secretariat will be jointly provided by the Office of the Attorney General and the Kenya Law Reform Commission to ensure coordination and efficient implementation of its work programme.

Addressing committee members, Oduor described them as custodians of Kenya's statutory integrity and urged them to demonstrate professionalism, independence and intellectual leadership throughout the review exercise.

She called for transparency in the committee's operations and pledged that the public and relevant state institutions would be kept informed on the progress of the reform process.

"We look forward to your partnership in modernizing our laws through an open and transparent process as we systematically clean up our statute books," she said.

The Attorney General emphasized that aligning legislation with the Constitution is not merely a legal exercise but a national development priority with far-reaching economic and social implications.

She argued that a coherent and constitutionally compliant legal system creates a predictable environment for investors, strengthens governance, protects public resources and enhances citizens' confidence in state institutions.

According to Oduor, eliminating contradictory and outdated legislation will reduce unnecessary litigation, improve public administration and promote greater efficiency across government.

She maintained that an updated legal framework would also strengthen access to justice by removing legal ambiguities that often delay court processes and administrative decision-making.

Ultimately, she said, the legislative reform programme seeks to ensure that Kenya's laws reflect the spirit and letter of the 2010 Constitution while supporting good governance, accountability and the rule of law.

"A cohesive legal framework is the foundation of economic progress, social justice and political stability," Oduor said. "By aligning our laws with the Constitution, we will reduce litigation, safeguard public resources and build a more predictable legal environment for all Kenyans."

With those remarks, the Attorney General officially inaugurated the Multisectoral Committee on Legislative Reform and Alignment, marking the beginning of what government hopes will be a comprehensive overhaul of Kenya's legislative framework to bring it fully into line with constitutional principles and contemporary governance standards.