Today the 18th of December, the world marks International Minority Rights Day, established by the United Nations to promote and protect the rights, cultures, languages, religions and identities of national, ethnic, religious and linguistic minorities. This day commemorates the 1992 UN Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities and is dedicated to raising awareness of both the challenges minorities face and their contributions to society.
The Kenya National Commission on Human Rights (KNCHR) acknowledges the progress Kenya has made in promoting and protecting the rights of minorities, including through the Constitution, the National Policy on Ethnic Minorities and Marginalized Communities (2025– 2035), and the proposed Ethnic Minorities and Marginalized Communities Bill, 2025, which together provide a structured framework to address historical inequalities. The establishment of a dedicated department in the Office of the President to handle minority issues further signals a growing national commitment to inclusivity and equality.
Despite these important steps, KNCHR remains concerned about the persistent gaps in the implementation of Kenya’s obligations toward minority and marginalized groups. Kenya was reviewed by the Committee established under the International Convention Against Racial Discrimination in December 2024. In its review, the Committee found that Kenya was yet to implement recommendations issued in the previous reviews.
The KNCHR calls on the Government of Kenya to fully implement these recommendations and, in particular, to:
1. Fully implement court orders from National courts, tribunals/ Commissions, from the African Commission and from the African Court on Human and Peoples’ Rights as follows:
a. The judgments of the African Court in the Ogiek of Mau case and demonstrate its commitment to the rule of law and fulfilment of international obligations. This includes the recent Order on Compliance issued by the African Court on Human and Peoples’ Rights in the Ogiek of Mau Case - African Commission on Human and Peoples’ Rights v. Republic of Kenya (Application No. 006/2012).
b. The African Commission on Human and Peoples’ Rights Decision No. 276/2003 in the case of Endorois Welfare Council.
c. The recommendations made by the National Land Commission in the case of the Kipsigis and Talai communities issued in March 2019.
2. Adopt legislation on free prior and informed consent and establish an effective consultation mechanism that aligns with the UN Declaration on the Rights of Indigenous People.
3. Ensure that indigenous people are not dispossessed or displaced from their customary lands, territories and resources without their free prior and informed consent and guarantee that those affected by climate change and conservation measures are properly consulted and compensated for any loss suffered.
4. Establish a comprehensive land titling and registration systems to secure titles for both individuals and communal land owners, transparent mechanisms to resolve overlapping claims between formal and customary land tenure systems and put in place measures to address historical injustices.
The KNCHR remains committed to working with the government, members of indigenous, minority and marginalized communities, and other stakeholders to facilitate implementation and ensure the realization of the rights highlighted in these recommendations.
The Commission remains steadfast in the discharge of its duties in line with its Constitutional and Statutory mandate. We urge the public to continue reporting any Human Rights violations and concerns through the following channels:
SMS: 22359
Email: complaint@knchr.org
WhatsApp: 0798 849 871
Toll-Free Line: 0800 720 627
Haki Kwa Wote, Kila Wakati.
Claris Ogangah,
Chairperson, Kenya National Commission on Human Rights (KNCHR).