Indigenous People in the Face of the new Constitution

Sekeyian's Blog

In a historic constitutional referendum on 4th August, 2010, 68 % of the Kenyan’s who turned out to vote supported the proposed new constitution. Indigenous communities also voted in favour of the proposed new constitution. The new constitution is a clean break with the past and provides several avenues for the pursuit and strengthening of indigenous peoples individual and collective rights. Some of the gains include:


The interpretation clause defines “marginalised 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…

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