August 27 marked our Constitution’s fourth birthday. Should we have celebrated its achievements or mourned its ongoing desecration?

Those who’ve learnt to temper their enthusiasms — who pride themselves on “growing up,” ”moving on” and being “realistic”—urged celebration.

They take the long view, holding this is “wisdom.” In their view, what’s become of our Katiba is a “natural” settling-in process. That all will get better with time, without any of us having to do anything about it.

Those with integrity, however — who deplore the sick compromises and spinelessness all around us, whether in the personal, political or professional realms — were in mourning.

They are not interested in the long view, holding that we should measure ourselves only by our own potential in the here and now. In their view, what’s become of our Katiba results from the struggle to maintain the status quo by our moribund civil service and their “tenderpreneurs.” And worse, the struggle to reverse the Katiba’s gains by our political leadership.

The arguments for mourning?

The actions of our executive — continually speaking out of both sides of its mouth. Its issuance of unconstitutional administrative orders on, for example, the place of the provincial administration.

Its overriding and undermining of constitutional bodies through, for example, delayed appointments to the Kenya National Human Rights Commission and the National Cohesion and Integration Commission or the tug-of-war between the Ministry of Lands and the National Land Commission.

Its ignoring decisions and orders from constitutional bodies and the judiciary. Its utilisation of the Attorney-General with respect to payments on Anglo-Leasing. Its utilisation of the Ministry of Foreign Affairs to advance the personal ends and interests of its members through the African Union and the International Criminal Court.

Then there are the actions of our legislature. Its failure to respect the Constitutional Implementation Commission on supporting legislation. Its delays in passing supporting legislation — shifting, for example, the deadline for passing the Public Audit, Public Procurement, Asset Disposal and Public Services Bills from this August to next March.

Its tabling and passing of blatantly unconstitutional legislation — with respect, for example, to the National Police Service Commission, the County Development Boards, civil society and the media.

In short, both the executive and the legislature are complicit in ensuring the most important causes of conflict our Katiba was meant to address never will be addressed. The talk is smooth.

Each little clawback seems innocuous on its own. But all the little clawbacks add up. Our Katiba is being chipped away at. Soon we will have nothing left except its form, depleted of any substance.

Why is this happening? The continuities from the past are clear — within the civil service and their tenderpreneurs, most of whom come from the ranks of political leadership, whether in government or the supposed political opposition.

And the opposition is wrong; the problem is no longer structural, it has to do with agency. The old structural solution to problems of agency was, in fact, the Katiba. The idea being that structure could constrain and shape agency. But structure is clearly not constraining agency.

The question then is, what will? We do, in this sense at least, have to “move on.” From a focus on norms and institutions to a focus on accountability and outcomes.

L. Muthoni Wanyeki is Amnesty International’s regional director for East Africa, covering East Africa, the Horn and the Great Lakes.