Introduction
Marginalized communities are defined in Article 260 of the Constitution of Kenya (2010) as communities that have been unable to fully participate in social and economic activities. These include relatively small populations, traditional communities seeking to preserve their culture and identity from assimilation, an indigenous community that has maintained a traditional lifestyle such as hunter and gatherer economy, pastoral persons who are nomadic, and a settled community that is isolated by geographic location. Since independence, these factors have contributed to under-representation of such communities in employment. These communities are still marginalized due to low literacy levels, limiting cultural and traditional beliefs, limited information on available opportunities, and weak targeting and transitions from schools to employment.
Article 2 of the Universal Declaration of Human Rights makes provision for respecting the rights and freedoms of all without discrimination on basis of religion, sex, race, colour, political, property, opinion, social or national origin or any other status. The Constitution of Kenya (2010) provides a progressive framework for the protection of the rights of marginalized communities. Article 10 of the Constitution, which binds all public and state officers and all state organs outlines the protection of the marginalized as one of the principles that must be upheld in development and delivery of services, while Article 27 of the Constitution prohibits discrimination on grounds of ethnic or social origin, belief, and culture. Article 21 of the Constitution requires state organs to protect the rights in the Bill of rights and to take legislative, policy, and administrative measures to ensure progressive realization of political and socio-economic rights protected under Article 43 of the Constitution.
The implementation of these rights lies with both the national and county governments, which must promote and protect the interests and rights of marginalized communities when providing socio-economic services. Article 56 of the Constitution upholds the rights of minorities and marginalized communities and obligates the State to put in place affirmative action programmes designed to ensure that marginalized communities: participate and are represented in governance and other spheres of life; are provided special opportunities in educational and economic fields; are provided special opportunities for access to employment; develop their cultural values, languages and practices; and have reasonable access to water, health services and infrastructure. Moreover, the Diversity Policy for the Public Service, 2016, provides strategies for ensuring that the recruitment process for the public service reflects the diverse Kenyan communities. The policy is strictly followed in any recruitment or appointment in the public service. Even though the government has targeted specific minority communities for recruitment, under-representation is still prevalent.
This blog seeks to elaborate on the status of marginalized communities in employment, discuss key challenges affecting marginalized communities and finally make strategic recommendations that enhance the protection of the marginalized communities especially through employment representation.
Status of Representation of Marginalized Communities
The Constitution provides a framework for inclusivity in representation of marginalized communities and their participation in political and economic activities through the devolved system. Despite the establishment of the new governance framework, marginalization is still a major policy issue of concern. Most of the marginalized communities are still characterized by high unemployment rates.
Public institutions
Article 232 (1) (h) of the Constitution provides for the representation of diverse communities as one of the values and principles of public service. It is therefore a requirement that the public service ensures that marginalized communities are considered and well represented in public service appointments. The report by National Cohesion and Integration Commission (2021-2022) on the status of compliance to Article 56 of the Constitution shows that out of the 46 communities in Kenya, 6 per cent (Turkana, Luhya, and Mijikenda) were under-represented, 2 per cent (Kenyan Somali) grossly under-represented and another 2 per cent (Kenyan American) not represented at all in the public service. Thirty-Eight (38) communities had normal representation, while two communities (Kikuyu and Kalenjin) were grossly over-represented. This shows that public service institutions have put in place measures for representation of minority and marginalized communities in their recruitment policies. However, more needs to be done to achieve full representation of all communities.
Figure 1: Ethnic representation of communities in the public service
Source: Public Service Commission (2022)
Employment in counties
The County Government Act (2012) section 65 (1) (e) requires that the County Boards ensure that 30 per cent of entry level vacancies are filled by candidates that are not from the dominant ethnic community in the county. An audit report by the National Cohesion and Integration Commission on ethnic and diversity of County Public Service (2023) shows that only 13 counties have complied to this requirement. These counties include Nairobi, Mombasa, Nakuru, Busia, Embu, Lamu, Marsabit, Isiolo, Tharaka Nithi, Taita Taveta, Narok, Tana River and Trans Nzoia. Thirty-Four (34) counties out of 47 contravened the County Government Act by employing over 70 per cent of the dominant ethnic community in the County Public Service. Furthermore, only four (4) minority communities had over 1 per cent representation in the County Public Service, namely Somali at 4.31 per cent, Maasai at 4 per cent, Turkana at 1.92 per cent and Taita at 1.56 per cent, revealing the huge gap on representation of minority groups in employment.
Overall, 6 ethnic communities dominate the County Public Service at 69.23 per cent, leaving only 30.77 per cent to be shared among the remaining 38 communities. These communities include Kalenjin at 15.45 per cent, Kikuyu at 15.40 per cent, Luhya at 13 per cent, Luo at 9.15 per cent, Kamba at 8.73 per cent and Kisii at 7.5 per cent. This further affirms that even with devolution, some communities are still excluded in terms of employment representation at the regional levels, and there is need to ensure compliance at county level.
Gaps in Protection of the Marginalized Communities
There are gaps faced in achieving representation of the marginalized communities in employment and political activities. These include shortage of skills, dismal participation, and self-exclusion among the marginalized communities.
Shortage of skills in the targeted communities may hinder political appointment and recruitment levels. This could be attributed to the limited access to education and training facilities affecting their enrollment and completion levels. For instance, pastoral communities, by the nature of their source of livelihood where they move from one place to another in search of pasture and water interrupts access to education and training facilities. Insufficient skills may result in under-representation of marginalized communities in decision-making, leading to policies that inadequately address their unique challenges. Additionally, lack of expertise may hinder the development and implementation of targeted initiatives aimed at uplifting the socio-economic life of the marginalized communities.
There is limited awareness of existing opportunities in employment among marginalized communities. This is attributed to inadequate access to information on job advertisements, which limits their participation, leading to low numbers recorded in recruitment and appointments for such communities. In addition, there have been limited channels for dissemination of vital information on employment opportunities. Most of the job opportunities are advertised in mainstream media, which may not be accessible to the marginalized communities.
Self-exclusion among communities that have been marginalized for a long time makes them shun seeking employment opportunities due to the assumption that they will not be considered. The feeling that the recruitment process is unfair is a result of earlier patterns of discrimination and prejudices against marginalized communities. Self-exclusion, therefore, leads to under-representation of marginalized voices in decision-making, resulting in employment policies that do not address their unique needs and concerns in terms of their welfare. Similarly, self-exclusion can perpetuate cycles of economic marginalization, limiting access to employment opportunities.
Conclusion and Recommendations
Policy making, implementation and oversight bodies have a central role to play in addressing issues affecting the minority and marginalized communities, especially in monitoring the implementation of marginalized rights, laws, and policies. In addition, policies on public participation at national and county levels need special requirements for involvement of the marginalized communities. Effective engagement of the community at large makes it imperative to engage political parties as potential champions of social, political, and economic inclusion of minority and marginalized communities. However, there is need for a multi-sectoral approach to adhere fully to those requirements to achieve full representation of all communities in the country.
The national and county governments could strengthen and support access to education and education facilities by the marginalized communities. The Ministry of Education could consider setting up mobile schools for pastoral communities to access education and get skills as they move from one place to another. The government could also enforce monitoring and evaluation to assess school enrollment and completion among the marginalized at all levels of education. This will increase representation of marginalized communities and help public institutions to achieve the set threshold on ethnic representation.
Public institutions operating at national and county levels could make deliberate efforts to headhunt candidates from marginalized communities that suffer from self-exclusion due to long periods of marginalization. This can be done by engaging with leaders at the sub-county and ward levels to facilitate the dissemination of information about available opportunities, encouraging individuals from marginalized communities to take part in governance and employment processes. Public institutions could contribute to breaking down barriers, empowering marginalized individuals, and ensuring a more representative and diverse participation in the decision-making and employment sectors. These efforts will promote equitable and inclusive governance among the marginalized communities.
The government could enhance sensitization to increase awareness, inclusivity, and diversity at national level through advertisement on local vernacular media to reach all areas of the country. This can increase participation of marginalized communities in recruitment, social and governance activities in the country. Leveraging local vernacular media ensures that the message permeates even the most remote areas of the country, reaching the marginalized communities. This not only elevates the voices of marginalized communities but also contributes to a more representative and equitable society, aligning with the broader goals of fostering unity and cohesion within the diverse fabric of Kenya.
Author: Sharon Amayo and Peter Kipkorir, KIPPRA Young Professionals
