President William Ruto’s Economic Advisor, Honorable David Ndii, has come under sharp criticism after claims he made regarding authorship of Chapter 12 of the Constitution of Kenya (2010) were publicly disputed by leading constitutional scholars and key figures involved in the constitution-making process.
The controversy erupted after Ndii took to his social media platforms, asserting that he authored several major policy documents in Kenya’s political history, including the Economic Recovery Strategy (ERS) for the NARC government in 2003, the NASA manifesto for Raila Odinga in 2017, the Plan for Ruto 2022, and notably, Chapter 12 of the Constitution of Kenya 2010.
Ndii went further to state that the same ideas had shaped Kenya for three decades, adding that politicians seek him out, not the other way around.
However, his claims were swiftly challenged. Former Makueni Governor and constitutional law professor Kivutha Kibwana dismissed Ndii’s assertions, reminding him that the 2010 Constitution was a people-driven charter.
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Kibwana noted that Ndii himself had previously promoted the BBI case, which affirmed the participatory nature of the constitution-making process.
He questioned how Ndii could now claim to have authored Chapter 12, suggesting that at best, Ndii may have submitted views to the Committee of Experts like many other Kenyans.
Kibwana further clarified that Ndii only prepared a simplified, “layman’s draft” expressing his opinions on the subject, stressing that many individuals and institutions contributed ideas, none of whom can claim sole authorship.
He also cautioned against using harsh language, especially on Christmas Day, while maintaining that the truth must be upheld.
Adding to the criticism, former Constitution Implementation Commission chairperson Dr. Ekuru Aukot issued a blunt rebuttal, accusing Ndii of lying.
Aukot stated that Ndii wrote nothing in Chapter 12, noting that he merely appeared on invitation to give views, and insisted that official Hansard records back his position.
The public exchange has reignited debate on integrity, truthfulness, and the collective ownership of Kenya’s Constitution, placing Ndii under intense public scrutiny.
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