Despite constitutional guarantees and affirmative-action measures, ethnic minorities remain underrepresented in public service, prompting a new government plan to tackle persistent exclusion, new policy has said.
The government through the Ministry of Gender, Culture and Children Services has developed the National Policy on Ethnic Minorities Indigenous and Margenalised Communities, and subsequently sought public input and stakeholder validation on the accompanying Draft Ethnic Minorities and Marginalised Communities Bill, 2026.
The policy, however, brings to the fore the widespread exclusion of the minorities, and proposes a central institution to coordinate their rights.
The Minorities and Marginalised Communities Directorate is intended to coordinate government efforts to address this exclusion. It also proposes a separate National Council for Ethnic Minorities and Marginalised Communities, to be established through legislation.
The directorate will, among other functions, oversee inclusion programmes, maintain a register of recognised communities and monitor the implementation of policies intended to address historical inequalities.
The proposal comes as the policy acknowledges persistent gaps in public-sector representation, despite affirmative-action measures introduced under existing laws.
While minority representation in the public service rose from 12 per cent in 2016 to 18 per cent in 2024, only 13 of the country’s 47 counties met the 30 per cent employment threshold for non-dominant ethnic communities. Some minorities accounted for less than two per cent of public employees, the policy says.
The findings echo findings by the Global Pluralism Monitor’s Kenya report, which identified ethnic-based political competition and the distribution of government positions and development resources along ethnic and regional lines as major obstacles to building an inclusive society.
The report says political actors routinely make appointments that favour particular ethnic communities or regions, undermining the implementation of policies intended to promote equality.
It also identifies a persistent gap between Kenya’s legal commitments to inclusion and their implementation, citing inadequate financial support and weaknesses in institutional leadership.
“Political inequalities are linked to the benefits that accrue from having ethnic kin as president or in control of state resources,” the report says.
Successive administrations have faced criticism over the concentration of senior appointments among individuals from the president’s political and ethnic circles, while similar patterns of exclusion have emerged within devolved governments.
The report notes that devolution has expanded political representation and access to development funding for smaller communities in some areas. However, it warns that minority communities within counties can also face exclusion from local political and economic decision-making.
Under the proposed framework, the Minorities and Marginalised Communities Institution would provide policy guidance, coordinate interventions across government and develop national strategies for inclusion. It would also issue policy guidelines, mobilise resources and monitor programme performance.
The policy proposes an inter-ministerial and inter-agency coordinating committee bringing together principal secretaries from relevant ministries and representatives of constitutional commissions to improve coordination.
County governments would be expected to develop their own action plans and legislative frameworks, designate officers responsible for inclusion and allocate resources through their planning and budgeting processes.
The policy also envisages a dedicated budget line for the central institution, with funding for programme implementation, capacity building and data infrastructure.
On the establishment of the National Council for Ethnic Minorities, Indigenous and Marginalised Communities, the policy sets a target period of 2025–2026 for legislation and operationalisation.
It , however, notes that the effectiveness of the proposed arrangements will depend on whether the institution receives adequate funding, a clear legal mandate and sufficient authority to hold public bodies accountable for persistent exclusion.
The Global Pluralism Monitor gives Kenya credit for the constitutional changes introduced in 2010 and subsequent efforts to improve inclusion. However, it argues that political competition continues to undermine the vision of an inclusive state, particularly when parties mobilise support along ethnic lines and political power influences the allocation of public resources.
The report also highlights inadequate data on the representation and socio-economic conditions of different communities, making it difficult to assess fully whether constitutional guarantees are being realised.
Beyond public employment, the government’s policy identifies barriers to political representation, land rights, healthcare, education and economic opportunities. It calls for stronger affirmative action and legislation to improve the participation of marginalised communities in national and county decision-making.
Article 100 of the Constitution requires Parliament to enact legislation to promote the representation of marginalised groups. The policy identifies the absence of this legislation as one of the gaps contributing to fragmented efforts to improve minority representation.
To cure the problems, the 10-year policy recommendations are to ensure existing constitutional provisions and laws are implemented, that resources reach excluded communities and that public institutions can demonstrate measurable progress.
