Sad day for Kenya’s Electoral Commission
In a landmark decision, the High Court on Tuesday upheld the constitutional right of a minority in community in Kenya to effective political representation.
Sitting in Nairobi, the Court urged the Electoral Commission of Kenya (ECK) to fully ensure compliance with the provisions of Section 33 of the Constitution in endorsing parties nominees to parliament.
Like other minorities and indigenous communities in Kenya, the Ilchamous have continued to suffer extreme form of marginalization due to lack of public participation, especially in political representation.
Following the ruling, the Centre for Minority Rights Development (CEMIRIDE) noted with gratitude that the court ordered the ECK to go beyond population sizes in creating constituencies. It urged it to also take into consideration the whole question of community of interests and geographical sizes.
This decision is a milestone in the struggle for recognition of the identity of minorities in Kenya. It will go a long way in ensuring equal development for all Kenyans.
The NGO now wants the expeditious and unequivocal implementation of this decision by all concerned parties. In particular, it requests the office of the Attorney-General (AG) to develop legislation to define the mechanism for nomination of parliamentarians under section 33. It also requests the ECK to move with haste and create a constituency for the Ilchamous community and for the following other minorities, among others; Nubians(Nairobi and elsewhere) Sengwer (Rift Valley) Tachoni (Western) Ogiek (Rift Valley) Terik (Nyanza) Endorois (Rift Valley) Boni (Coast)
The ruling comes just six days after the landmark decision by the Constitutional Court of Botswana granting the San (Basarwa) the right to return to their ancestral lands now known as the Central Kalahari Game Reserve.
Many observers and commentators have pointed out that the decision in Ilchamous case demonstrates the progressive steps that the judiciaries in Africa are making to ensure the promotion of the rights of minorities.
Sitting in Nairobi, the Court urged the Electoral Commission of Kenya (ECK) to fully ensure compliance with the provisions of Section 33 of the Constitution in endorsing parties nominees to parliament.
Like other minorities and indigenous communities in Kenya, the Ilchamous have continued to suffer extreme form of marginalization due to lack of public participation, especially in political representation.
Following the ruling, the Centre for Minority Rights Development (CEMIRIDE) noted with gratitude that the court ordered the ECK to go beyond population sizes in creating constituencies. It urged it to also take into consideration the whole question of community of interests and geographical sizes.
This decision is a milestone in the struggle for recognition of the identity of minorities in Kenya. It will go a long way in ensuring equal development for all Kenyans.
The NGO now wants the expeditious and unequivocal implementation of this decision by all concerned parties. In particular, it requests the office of the Attorney-General (AG) to develop legislation to define the mechanism for nomination of parliamentarians under section 33. It also requests the ECK to move with haste and create a constituency for the Ilchamous community and for the following other minorities, among others; Nubians(Nairobi and elsewhere) Sengwer (Rift Valley) Tachoni (Western) Ogiek (Rift Valley) Terik (Nyanza) Endorois (Rift Valley) Boni (Coast)
The ruling comes just six days after the landmark decision by the Constitutional Court of Botswana granting the San (Basarwa) the right to return to their ancestral lands now known as the Central Kalahari Game Reserve.
Many observers and commentators have pointed out that the decision in Ilchamous case demonstrates the progressive steps that the judiciaries in Africa are making to ensure the promotion of the rights of minorities.
posted by Mahathir | 2:51 pm
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