The Senate Standing Committee on Justice, Legal Affairs and Human Rights has turned away two state agencies that appeared before it over the status of Indigenous peoples in Kenya, directing them to return better prepared.
The Committee, chaired by Senator Hillary Sigei, was on Tuesday reviewing a statement sought in September 2023 by Senator Catherine Mumma. The statement raises key issues, including the legal definition of Indigenous peoples, classification of communities, and the role of a State department on the matter.
Submissions from the Minorities and Marginalized Affairs Unit at the Executive Office of the President revealed confusion in the use of the terms “indigenous,” “minority,” and “marginalized.”
Senator Sigei emphasized the need for clarity, saying, “The terms Indigenous and minority are not interchangeable. We need an authoritative legal position on who qualifies as Indigenous in Kenya, and whether our international obligations have been considered.”
Senator Mumma also criticized the delay.
“It is unacceptable that fourteen years after the Commission was established, we still lack a black and white definition. We must demystify these terms and stop importing colonial constructs that risk excluding genuine communities.”
“Successive governments continue to send mixed signals on the subject of indigenous peoples. The phrase is casually and selectively used depending on the context.”
In response, the Minorities and Marginalized Affairs Unit admitted the gap Josphat Lowoi told the Committee, “We acknowledge that past reporting used these terms interchangeably. We commit to consulting the Attorney-General and returning with a clearer position.”