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report
Kenya: Minorities, Indigenous Peoplesand Ethnic Diversity
By Maurice Odhiambo Makoloo, with a preface by Yash Ghai
 
 Acknowledgements
Minority Rights Group International (MRG) and CEMIRIDEgratefully acknowledges the supportofDevelopmentCooperation Ireland and Scottish International Aid Fund, andofall the organizations and individuals who gave financialand otherassistance forthis report.Commissioning Editor: Claire Thomas, ReportEditor: KatrinaPayne.
The author
Maurice Odhiambo Makoloo holds a MasterofLaws degreefrom the University ofNairobi, Kenya. He runs a legalpractice, which frequently offers free legal services tominority orindigenous clients, and is Directorofthe InstituteforLaw and Environmental Governance (ILEG), a not-for-profitpublic interestorganization based in Nairobi. He isauthorofa numberofpublications, including
Environmental  Accountability in Kenya: Rural Voices, Parliamentarian,Representation and the Environment 
and
Public Interest Litigation in Kenya: Prospects and Challenges
, bothforthcoming.
Dedication
MRG and CEMIRIDEwould like to dedicate this reporttoProfessorKatama Mkangi, who was tragically killed in a roadaccidentin Kenya while working on a firstdraftofmaterialthatwould have formed this report. Prof. Mkangi was atireless campaignerforhuman rights in Kenya and wasformerly a prisonerofconscience. He will be much missed.
Minority Rights Group International
Minority Rights Group International (MRG) is a non-governmental organization (NGO) working to secure therights ofethnic, religious and linguistic minorities andindigenous peoples worldwide, and to promote cooperationand understanding between communities. Ouractivities arefocused on international advocacy, training, publishing andoutreach. We are guided by the needs expressed by ourworldwide partnernetworkoforganizations which representminority and indigenous peoples.MRG works with over150 organizations in nearly 50countries. Ourgoverning Council, which meets twice a year,has members from 10 differentcountries. MRG hasconsultative status with the United Nations Economic andSocial Council (ECOSOC), and observerstatus with theAfrican Commission on Human and People’s Rights(ACHPR). MRG is registered as a charity and a companylimited by guarantee underEnglish law. Registered charityno. 282305, limited company no. 1544957.
CEMIRIDE
CEMIRIDEis a research and advocacy national organizationworking with and across Kenyan indigenous and minoritycommunities to enable respectand protection oftheirrights,so as to achieve sustainable developmentas well aspeaceful coexistence. Itis registered underthe Non-Governmental Organisations Coordination ActofKenya asnumberOP.218/051/2002/0149/2240.© Minority Rights Group International 2005All rights reservedMaterial from this publication may be reproduced forteaching orforothernon-commercial purposes. No partofitmay bereproduced in any form forcommercial purposes withoutthe priorexpress permission ofthe copyrightholders.Forfurtherinformation please contactMRG. A CIPcatalogue record ofthis publication is available from the British Library
ISBN
1904584241.
Published
February 2005.
Typeset
by Kavita Graphics. Printed in the UKon recycled paper.
CoverPhoto
Turkana elders and child, Kenya. Crispin Hughes/Panos Pictures.
Kenya: Minorities, Indigenous Peoples and Ethnic Diversity
is published by MRG as a contribution to public understanding ofthe issue which forms its subject. The textand views oftheauthordo notnecessarily representin every detail and in all its aspects, the collective view ofMRG orCEMIRIDE.
 
Contents
Summary2Map3Preface by Yash Ghai4Historical background5Defining minorities and indigenous peoples7Recognizing minorities and indigenous peoples9Issues forKenya’s minorities and indigenous peoples14Minorities, indigenous peoples and the legal process20Minorities, indigenous peoples, ethnic diversity and politics23Minorities, indigenous peoples and socio-economic development29Conclusions34Recommendations35Relevant international instruments36Notes37Bibliography39
Kenya: Minorities, Indigenous Peoples andEthnic Diversity
By Maurice Odhiambo Makoloo
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