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What the Constitution promises minorities and marginalised communities

Constitution of Kenya 2010 · sources read 3 Oct 2026

The State must run affirmative action programmes so minorities and marginalised groups take part in governance, get special chances in education, business and jobs, can develop their cultures and languages, and have reasonable access to water, health services and infrastructure.

Deadline
The Equalisation Fund runs for 20 years from the 2010 Constitution, unless Parliament extends it.
Where
The High Court for rights claims; the national government and your county for Equalisation Fund projects
Read the law

Steps

  1. If one of these rights is denied or threatened, you can go to court. Someone can also go to court on behalf of a group.
  2. For water, roads, health facilities and electricity in marginalised areas, ask about the Equalisation Fund, which the national government uses only for basic services in marginalised areas.

Watch out

  • The Equalisation Fund gets half of one per cent of all national government revenue each year.
  • Parliament must also pass laws to promote the representation of minorities and marginalised communities in Parliament.

Who this covers

  • Marginalised communities: small communities left out of national life, traditional communities protecting their culture, hunter-gatherer communities, and pastoral communities.
  • Marginalised groups: people disadvantaged by discrimination on grounds such as race, sex, disability, religion or birth.
Official sources (1)
  1. Constitution of Kenya, 2010 new.kenyalaw.org · read 3 Oct 2026

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