Kenya's Constitution Article 27 Fights Ethnic Discrimination

• More than eight in ten Kenyans value their national identity at least as highly as their ethnicity.
• The Constitution of Kenya protects all citizens from discrimination on any grounds, including ethnic or social origin and religion.
• The National Cohesion and Integration Commission (NCIC) was established to promote national identity and values and mitigate ethno-political competition and ethnically motivated violence.
• Employers must ensure non-discrimination practices in line with the Employment Act of 2007.

Despite this emphasis on national unity, many Kenyans perceive ethnic or social origin-based discrimination in various aspects of life.

A recent survey by Afrobarometer found that most Kenyans value their national identity at least as highly as their ethnicity, with over eight in ten citizens prioritizing their national identity. However, despite this emphasis on national unity, many Kenyans perceive ethnic or social origin-based discrimination in various aspects of life. The Constitution of Kenya, which devolves power and resources to the 47 county governments, aims to foster national unity by recognizing diversity. Article 27 of the Constitution specifically protects all Kenyans from discrimination on any grounds, including ethnic or social origin and religion. Despite these constitutional protections, ethnic politics have been institutionalized in Kenya, with the political class often using ethnic cleavages for electoral and power gains. This has led to a deepening of inequalities and even deadly conflicts.

The Constitution of Kenya is rooted in the country's history, with its emphasis on national unity and diversity reflecting the post-independence era's efforts to move away from the colonial-era loyalty reward system based on ethnic and regional identities. The Employment Act of 2007 emphasizes non-discrimination, while the National Cohesion and Integration Commission (NCIC) was established in 2009 to promote national identity and values and mitigate ethno-political competition and ethnically motivated violence. Additionally, the Diversity Policy for the Public Service aims to foster a culture of inclusivity and respect for diversity. These instruments are designed to ensure that Kenyans are protected from discrimination on any grounds, including ethnic or social origin and religion.

The perception of ethnic or social origin-based discrimination in Kenya has significant implications for the country's national identity and cohesion. Lawyers advising clients on compliance with Article 27 of the Constitution should be aware that employers must ensure non-discrimination practices in line with the Employment Act of 2007. The NCIC's mandate to promote national identity and values is crucial in mitigating ethno-political competition and ethnically motivated violence. Furthermore, the Diversity Policy for the Public Service aims to foster a culture of inclusivity and respect for diversity, which is essential for poverty reduction and community development.

Lawyers advising clients on compliance with Article 27 of the Constitution should be aware that ethnic or social origin-based discrimination is prohibited, and employers must ensure non-discrimination practices in line with the Employment Act of 2007.

Source: Original reporting via Afrobarometer