The department has continuously worked with, partners, communities and other stakeholders to promote mainstreaming of issues of minorities and marginalized communities and groups in all spheres of development.
The interpretation clause in the constitution defines “Marginalized community” to mean a traditional community that, out of a need or desire to preserve its unique culture and identity from assimilation, has remained outside the integrated social economic life of Kenya as a whole, or an indigenous community that has retained and maintained a traditional lifestyle and livelihood based on hunter or gatherer economy; or pastoral persons and communities whether they are nomadic or a settled community that because of its relative geographic isolation has experienced only marginal participation in the integrated social and economic life of Kenya as a whole.
The same clause defines marginalised group as a group of people who, because of laws or practices before, on, or after the effective date, were or are disadvantaged by discrimination on one or more of the grounds in Article 27 (4)
NGEC works with stakeholders to promote progressive realization of the Constitutional rights of youth and children
Article 56 provides that the state should put in place affirmative action programmes designed to ensure that minorities and marginalised groups participate and are represented in governance and other spheres of life; are provided special opportunities in education and economic fields; are provided special opportunities for access to education; develop their cultural values, languages and practices; and have reasonable access to water, health services and infrastructure
Article 44(1) states that every person has the right to use the language, and to participate in the cultural life, of the person’s choice
(2) A person belonging to a cultural or linguistic community has the right, with other members of other community to enjoy the person’s culture and use the person’s language; or to form, join and maintain cultural and linguistic associations and other organs of civil society. The same article states that a person shall not compel another person to perform, observe or undergo any cultural practice or rite”
III. Article 204 establishes Equalization Fund which is intended to provide basic services including water, roads, health facilities and electricity to marginalized areas to the extent of the extent necessary to the quality of those services in those areas to the level generally enjoyed by the rest of the nation, so far as possible
IV. Article 100 advocates for promotion of representation of marginalized groups. The article states that parliament shall enact legislation to promote the representation in parliament of women; Persons with disabilities; youth; ethnic and other minorities; and marginalised communities
V. The constitution recognizes dual citizenship. This paves the way for indigenous communities, like the Somalis, Borans and the Maasai, that live across boundaries to benefit.
VI. Chapter five of the new constitution classifies land as public, community and private. Under Article 63, community land shall vest in and be held by communities identified on the basis of ethnicity, culture or similar community of interest. Community lands include those lawfully held in the name of group representatives, lands lawfully transferred to a specific community and any other land declared to be community land by any Act of parliament. It will also include lands lawfully held, managed or used by specific communities as community forests, grazing areas or shrines and ancestral lands and lands traditionally occupied by hunter gatherer communities
VII. Article 7 of the new constitution obliges the state to promote and protect the diversity of language of the people of Kenya. The state is also obliged to promote the development and use of indigenous languages.
VIII. Article 11 recognizes culture as the foundation of the nation and obliges the state to promote all forms of cultural expression through literature, the arts, traditional celebrations, science, communication, information, mass media, publications, libraries and other cultural heritage. The state is also obliged to recognize the role of indigenous technologies in the development of the nation.
IX. Article 177(c) talks of the representation of members of marginalised groups, including persons with disabilities and youth in the county assembly.