Lawyer Kibe Mungai: Kenyans need civic education on presidential powers
By Paulette Mboga, August 27, 2025Renowned constitutional lawyer Kibe Mungai has emphasised the importance of civic education in Kenya, particularly regarding the powers of the President and the role of Parliament.
Speaking in a TV interview on Wednesday, August 27, 2025, Mungai clarified a widely misunderstood aspect of the 2010 Constitution, asserting that the President does not have the power to dissolve Parliament.
“The President does not have the power to dissolve Parliament under the 2010 Constitution. Kenyans should be taken through civic education to get the facts right,” Mungai stated.
His comments come amid ongoing public debates about the extent of presidential authority and the constitutional safeguards that protect parliamentary independence.
Mungai argued that many misconceptions surrounding the presidency create unnecessary tension and confusion among citizens. By providing proper civic education, he said, Kenyans can better understand the checks and balances enshrined in the Constitution and avoid being misled by political rhetoric.
Upholding constitutional rights
Beyond the separation of powers, Mungai also praised the Constitution for protecting citizens in situations of abuse or duress. He highlighted the role of the judiciary in upholding human rights, particularly in cases of unlawful detentions and other violations.
“The Constitution has stood up for people under duress, particularly in cases of abductions and killings. We have witnessed a strong use of habeas corpus, and I applaud the High Court judges who have been vigilant and courageous,” Mungai said.
According to Mungai, the proactive use of habeas corpus demonstrates that Kenya’s legal framework is designed to safeguard citizens against arbitrary action, whether from state actors or other entities. He commended the judiciary for remaining steadfast in protecting civil liberties, even under challenging circumstances.
Mungai’s statements underscore the dual importance of citizen awareness and judicial oversight. On one hand, educating Kenyans about their constitutional rights helps them engage more effectively with democratic processes. On the other hand, a vigilant judiciary ensures that these rights are respected and enforced.
As debates about presidential powers continue to circulate in public discourse, legal experts like Mungai stress that clarity on these issues is critical. Civic education, combined with an independent judiciary, provides a strong defence against misinformation and potential abuse of power.