The Ethnic Minorities and Marginalised Community Bill 2025 and Draft Policy on Minorities have been created to foster inclusivity and protect the rights of minorities and marginalized communities in Kenya.
The Bill and Draft Policy, aligns with Kenya Kwanza administration’s transformative plan to legislate on ethnic minorities and marginalized communities anchored in Articles 10, 56 and 260 of the Constitution, Director of Governance within the Minorities and Marginalized Affairs Unit (MMAU), Mr Abdi Kahiya, has said.
He said that the Office of the Chief of Staff and Head of Public Service through MMAU and a Technical Working Committee had developed the Draft Policy and Bill on ethnic minorities.
The bill, Mr Kahiya indicated, seeks to shift Kenya’s development from historical exclusion to equitable inclusion, recognizing that sustainable growth and national cohesion depend on full participation of all communities.
Speaking at the Rift Valley Regional Commissioner’s plenary hall in Nakuru, during a public participation exercise where institutions, organizations and individuals submitted their comments on the two documents, the Director said the Bill and Draft Policy aim to address historical injustices and promote equality by providing for affirmative action programs for these groups in areas like governance, education, and access to resources and services, in line with Article 56 of the constitution.
“The Constitution obligates the State to ensure minorities’ participation in governance, educational and economic opportunities, employment access, cultural preservation, and basic services. Kenya needs a clear policy and legal framework to effectively implement constitutional provisions for these groups,” stated Mr Kahiya.
The proposed statute provides for the preservation and promotion of the cultural values, languages, and practices of these communities and provides a framework that will ensure reasonable access to essential services like water, healthcare, and infrastructure.
It also seeks to tackle historical issues such as land dispossession and historical inequalities that have led to marginalization.
Mr Kahiya admitted that though Articles 56 and 260 of the Constitution recognized minority and marginalized groups, progress had stalled due to absence of a guiding legislative structure and policy framework.
He disclosed that this was the first-ever draft bill and policy to address issues disadvantaging the groups, which he indicated should be ready by December.
The official said the government was determined to have a policy and law governing the issues of minority and marginalized communities before the end of the year, after which he said every State department would understand how to handle their concerns, while both national and county governments would be able to engage and plan for the communities.
Furthermore, the Director affirmed that the new set up, if approved, will provide a new structured approach to addressing challenges such as access to resources, representation and socio-economic inclusion for these groups.
The official highlighted that the newly established Minorities and Marginalized Affairs Unit was dedicated to promoting the rights and cultures of indigenous and minority groups adding that every Kenyan had a right to participate in governance and enjoy national benefits, as enshrined in Article 56 of the Constitution.
He explained that the constitutional provision served as a beacon of hope for minorities and marginalized communities by ensuring their right to representation in governance and other critical areas of life, access to exceptional opportunities in education and the economy, equal employment opportunities, preservation and promotion of their cultural values, languages, and practices, as well as reasonable access to essential services such as water, healthcare, and infrastructure.
Mr Kahiya reiterated the State’s commitment to fostering inclusivity and protecting the rights of ethnic minorities and marginalized communities in the devolved unit.
He highlighted the significance of the UN Declaration on Minority Rights, adopted on December 18, 1992.
Principal Law Reform Officer at the Kenya Law Reform Commission, Anthony Otieno, said if approved the Draft Bill and Policy will ensure the inclusion of marginalized Indigenous ethnic minorities in governance, reinforcing the need for continued attention and action to address their pressing issues.
Otieno noted that the two documents provide a framework for affirmative action programmes, that will guarantee the inclusion of marginalized and minority communities in governance and economic activities, and provide access to education, health services, and infrastructure.
He stated that specific actions include headhunting marginalized candidates for employment, disseminating information in local vernacular media to increase participation, and strengthening policies to promote their cultural values and rights.
A representative of the Turkana community in Nakuru, Ms. Margaret Lowoi stated that marginalized groups in Kenya were actively advocating for fair treatment and inclusion, leveraging constitutional rights and engaging with organizations like the National Gender and Equality Commission (NGEC) to promote policy changes and resource allocation.
Ms Lowoi stated that the efforts focus on ensuring political representation, economic opportunities, access to public services like education and healthcare, and cultural preservation, adding that there were few challenges, in areas like land ownership and equitable distribution of resources among others.
by Jane Ngugi and Justus Pamba
