Isabella Carter
Kenya is a country with a rich diversity of ethnicities, languages, cultures, and religions. Since its independence in 1963, the country has struggled with political exclusion and inter-ethnic animosity, often exacerbated by divisive politicians and economic decline. The country's first multi-party election in 1992 brought about a system where leaders channelled government resources to their ethnic supporters, leading to a cycle of entitlement and competition for resources. In 2010, Kenya adopted a new constitution aimed at addressing these issues and promoting political inclusion and ethnic diversity. This paragraph will explore how the 2010 Kenyan Constitution addresses ethnicity and the challenges the country faces in moving away from the politics of ethnicity.
| Characteristics | Values |
|---|---|
| Year of Enactment | 2010 |
| Purpose | To curb inter-ethnic animosity and enhance political inclusion |
| Power-Sharing | Yes, as seen in the 2008 National Accord and Reconciliation Act |
| Levels of Government | Two: National and Counties |
| Land Ownership | Community land vests in and is held by communities based on ethnicity, culture, or similar interests |
| Gender Equity | Yes, no more than two-thirds of members of elective bodies shall be from either gender |
| Executive Authority | Derived from the people of Kenya and shall be exercised for their wellbeing and benefit |
| Devolution | Autonomous in implementation of distinct functions as listed in the Fourth Schedule |
| Citizenship | Dual citizenship allowed; foreign women married to Kenyans can register as Kenyan |
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What You'll Learn
- The 2010 Constitution recognises ethnic diversity and calls for political inclusion of minorities
- The composition of the national executive reflects Kenya's regional and ethnic diversity
- The 2010 Constitution created 47 counties, enhancing the political inclusion of ethnic communities
- The 2010 Constitution ends gender discrimination and allows dual citizenship
- The 2010 Constitution establishes community land, giving communities control over land they share an interest in
The 2010 Constitution recognises ethnic diversity and calls for political inclusion of minorities
Kenya is a country of great ethnic, linguistic, cultural, and religious diversity. The country's politics have long been influenced by ethnicity, with political parties aligned with larger ethnic groups. This has resulted in inter-community competition for resources and representation, contributing to conflicts and violence, particularly during elections.
The 2010 Constitution of Kenya recognises the ethnic diversity of its citizens and seeks to address past political exclusion of minority ethnic communities. This exclusion has been a legacy of colonial rule and a centralised presidential system that concentrated power in the hands of a few dominant ethnic groups, such as the Kikuyu. The 2010 Constitution aims to create a more ethnically inclusive leadership and governance structure.
One way it does this is by establishing 47 counties, or sub-national territorial and political units, thereby devolving power and creating more opportunities for representation across different ethnic groups. The Constitution also calls for the composition of the national executive, including the President, Deputy President, and Cabinet, to reflect the regional and ethnic diversity of the country. This ensures that decision-making and resource allocation are informed by a broader range of perspectives and interests.
Additionally, the 2010 Constitution introduced an upper house, the Senate, which is intended to further enhance the representation of diverse communities. The Constitution promotes democratic principles, including the right of all persons to participate in the political process, specifically mentioning minorities and marginalised groups. It also emphasises respect for human rights, fundamental freedoms, gender equality, and equity.
The 2010 Constitution's recognition of ethnic diversity and its call for political inclusion of minorities represent a significant shift towards a more inclusive and representative democracy in Kenya. This shift aims to address the country's long history of ethnic tensions and conflicts by ensuring that all communities have a voice in the country's governance and access to resources.
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The composition of the national executive reflects Kenya's regional and ethnic diversity
Kenya is a country of great ethnic, linguistic, cultural, and religious diversity. However, its history is marked by political exclusion of several ethnic communities, which has resulted in intermittent conflicts, particularly during election periods.
The country's first multi-party election in 26 years, held in 1992, brought about a system where leaders channelled government resources to their ethnic supporters, leading to a competition for resources between communities. This dynamic has been further exacerbated by divisive politicians and economic decline, with the 2007-08 post-election violence being a notable example of the consequences of this exclusion.
To address these issues, Kenya adopted a new Constitution in 2010, which recognises the ethnic diversity of the Kenyan people and calls for their political inclusion. This was enabled through a democratic process, with the proposed constitution being released to the public for debate and amendments before being put to a referendum, in which it was approved by 67% of Kenyan voters.
One of the key changes introduced by the 2010 Constitution is the requirement that the composition of the national executive reflects the regional and ethnic diversity of the people of Kenya. This includes the President, Deputy President, and the rest of the Cabinet. The Constitution also establishes two levels of government: National and Counties, with devolution to the county governments providing some autonomy in implementing specific functions.
The creation of 47 counties as sub-national territorial and political units is intended to enhance the political inclusion of various ethnic communities. Additionally, the Constitution ensures that each county elects one 'women's representative' to the National Assembly, and certain appointed seats in Parliament are reserved for persons with disabilities.
The 2010 Constitution also addresses land rights, a long-standing issue in Kenya, particularly for minorities and indigenous peoples. The Community Land Act, passed in 2016, operationalises Article 63 of the Constitution, which establishes community land as a new category of landholding, giving communities control over land in which they share a common interest.
While the 2010 Constitution has made significant strides towards recognising and accommodating Kenya's ethnic diversity, the country continues to grapple with the politics of ethnicity, and the entrenchment of tribalism remains a challenge.
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The 2010 Constitution created 47 counties, enhancing the political inclusion of ethnic communities
Kenya is a country of great ethnic, linguistic, cultural, and religious diversity. However, its history has been marked by political and economic exclusion of various ethnic communities, exacerbated by a centralised government. This exclusion has led to periodic violent ethnic conflicts, with the most recent occurring in 2007-08.
To address these issues, Kenyans voted in a constitutional referendum in 2010, adopting a new Constitution. This Constitution introduced a devolved system of government, composed of 47 counties and a national government. The creation of these counties as autonomous sub-national territorial and political units enhanced the opportunities for the political inclusion of previously excluded communities.
The 2010 Constitution also recognised the ethnic diversity of the Kenyan people and provided institutional mechanisms to ensure their equitable political inclusion. It mandated that political parties have a "national outlook", requiring them to be ethnically inclusive. It also required that county executives reflect the "community and cultural diversity" of their respective counties, with County Assemblies authorised to reject nominations that are not inclusive of the county's ethnic diversity.
The 2013 elections, the first after the adoption of the 2010 Constitution, demonstrated a certain level of ethnic inclusiveness. Several previously excluded communities became represented at the county level and gained control of counties where they formed the majority. However, the devolved system did not entirely eliminate the possibility of ethnic communities being excluded, as some communities now form intra-county minorities.
Overall, the 2010 Constitution's creation of 47 counties enhanced the political inclusion of ethnic communities in Kenya, providing a more representative and inclusive system of governance.
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The 2010 Constitution ends gender discrimination and allows dual citizenship
Kenya is a country of great ethnic, linguistic, cultural, and religious diversity. In 2010, Kenyans voted in a constitutional referendum to adopt a new constitution, marking the end of a decades-long struggle for constitutional reform. This new constitution brought about significant changes, including addressing issues of gender discrimination and dual citizenship.
Ending Gender Discrimination
The 2010 Constitution of Kenya includes strong provisions for equality and freedom from discrimination. Article 27 of the Constitution states that the State shall not discriminate directly or indirectly against any person on any ground, including sex. It also outlines the responsibility of the State to take legislative and affirmative action measures to redress past discrimination and promote genuine equality. This includes ensuring that no more than two-thirds of any elected or appointed government body is of the same gender, creating a quota system that promotes the inclusion of women in leadership positions. Each county also elects one 'women's representative' to the National Assembly, further enhancing female representation in the country's political landscape.
Allowing Dual Citizenship
The 2010 Constitution also introduced changes regarding citizenship. While previous laws prohibited dual nationality, the new Constitution allows for it under certain circumstances. Article 13 of the Constitution states that citizenship may be acquired by birth or registration and is not affected by marriage or its dissolution. Kenyans who have acquired the citizenship of another country can apply to regain their Kenyan citizenship. Additionally, individuals married to Kenyan citizens for at least seven years can apply for Kenyan citizenship, and continuous lawful residence in Kenya for at least seven years can also lead to eligibility for citizenship. These changes reflect a more inclusive and flexible approach to citizenship in the country.
The implementation of the 2010 Constitution in Kenya has been a significant step towards addressing gender discrimination and providing more flexibility in citizenship laws. By promoting equality and inclusivity, the Constitution has helped to create a more equitable society, ensuring that all Kenyans, regardless of gender or ethnicity, have the opportunity to participate fully in the country's political and social life.
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The 2010 Constitution establishes community land, giving communities control over land they share an interest in
Kenya is a country of great ethnic, linguistic, cultural, and religious diversity. In 2010, after a decades-long struggle for constitutional reform, Kenyans voted in a constitutional referendum to adopt a new constitution. This new constitution was a significant milestone in addressing land rights issues, particularly for minorities and indigenous communities.
Article 63 of the 2010 Constitution establishes community land, giving communities control over land they share an interest in. This article defines community land as land that is:
- Registered in the name of group representatives, such as group ranches.
- Lawfully transferred to a specific community or declared to be community land by an Act of Parliament.
- Lawfully held, managed, or used by specific communities as community forests, grazing areas, or shrines.
- Ancestral lands and lands traditionally occupied by hunter-gatherer communities.
- Lawfully held as trust land by county governments.
The Community Land Act of 2016 gives effect to Article 63, providing for the recognition, protection, and registration of community land rights, as well as the management and administration of community land. It repeals the Land (Group Representatives) Act and the Trust Lands Act. The Act defines a "community" as a consciously distinct and organised group of users of community land who are Kenyan citizens and share common ancestry, similar culture, or a unique mode of livelihood.
The County Government plays a crucial role in holding unregistered community land in trust on behalf of the community. It is responsible for holding any monies payable as compensation for compulsory land acquisition in a special interest-earning account, which is released to the community upon registration. The Act prohibits the County Government from selling, disposing of, or converting unregistered community land held in trust for private purposes.
The establishment of community land in the 2010 Constitution is a significant step towards addressing land rights issues in Kenya, particularly for minority and indigenous communities. It gives these communities control over the land they share an interest in, recognising that customary land rights are equal in status to any other form of landholding.
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Frequently asked questions
Ethnicity and politics in Kenya are closely intertwined. Political parties are often aligned with Kenya's larger ethnic groups, and during election periods, parties merge to form alliances that consolidate the numbers necessary to win a majority. This has resulted in a system where leaders channel government resources to their ethnic supporters, creating an inter-community competition for resources.
Kenya has attempted to move away from the politics of ethnicity by creating more executive positions beyond the president and deputy president to accommodate feuding tribes. This model was implemented after the 2007 election and helped to quell post-election violence by creating a more ethnically inclusive leadership.
The 2010 Constitution recognises the ethnic diversity of the Kenyan people and calls for their political inclusion. It establishes 47 counties, sub-national territorial and political units, to enhance the inclusion of various ethnic communities. The Constitution also includes provisions for land rights, with community land held by communities identified on the basis of ethnicity, culture, or similar community interest.
One challenge is that individuals from certain ethnic communities have dominated political and economic structures, excluding other communities. This exclusion has been exacerbated by centralisation and has contributed to intermittent conflicts, particularly during election periods. Additionally, the country's diverse ethnic groups have competing claims to land, and nomadic pastoralists are in constant conflict with authorities, who mostly come from farming tribes.
The 2010 Constitution includes a Bill of Rights that recognises the socio-economic rights of Kenyan citizens. It removes the age limit of 35 years to run for president, allowing anyone of adult age to do so. It also includes provisions for gender equity, requiring that no more than two-thirds of members in elective bodies shall be from either gender.
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