Defining the Face of Kenya: The Dynamics under the 2010 Constitution for Diversity

Abstract

The Commission finds that during the mandate period the state adopted economic and other policies that resulted in the economic marginalization of five key regions in the country: North Eastern and Upper Eastern; Coast; Nyanza; Western; and North Rift. The constitution of Kenya 2010 represents the climax of a protracted period of agitation for an all-inclusive, responsive and democratic basis of governance. It constitutes a prescription for a united nation whose foundation lies in a government based on the essential values of human rights, equality, freedom, democracy, social justice and the rule of law'.? While seeking to deliver an 'indivisible sovereign nation' where peace and unity reign, the constitution explicitly recognizes the ethnic, cultural, religious, wender, regional, social and political diversity of the Kenyan people. It seeks to ensure equality and fairness in these various aspects of differentiation through i number of mechanisms some of which include: recognition of diversity; entrenchment of democracy as the basis of governance; national values; a comprehensive Bill of Rights which is supposed to form an integral part of Kenya's democratic state and to act as the framework for social, economic and cultural policies; recognition of the needs of vulnerable members of the society; a representative, open and all-inclusive system of government; openness, equity and accountability in the management of public finance; establishment of an equalization fund to be used to provide basic services to marginalized areas so as to bring them to a level as close as possible to other areas; and establishment of a definite criterion for sharing national resources.