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Policy and legislative frameworks for MIPs

Today we have in the Constitution of Kenya 2010, Article 56 on the rights of Minorities and Marginalised Communities. Article 56(a) provides that the State shall 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.

Further Article 91 (1) (e) provides that every political party shall respect the right of all persons to participate in the political process, including minorities and marginalised groups and through various other provisions, including Article 100, the Constitution provides for representation of marginalised communities in the various arms of government. The realisation of these provisions for marginalised communities in Kenya is greatly hinged on a properly developed and implemented policy framework.

CEMIRIDE has also litigated complex cases against the state including at the African Court and African Commission (see. Application No. 006/2012 African Commission on Human and Peoples Rights V Republic of Kenya (on behalf of the Ogiek); CEMIRIDE (on behalf of the Endorois Community) v. The Republic of Kenya; Communication No. 276/2003 at the African Commission on Human and Peoples’ Rights & Communication 317 / 2006 – The Nubian Community in Kenya vs The Republic of Kenya).

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