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Ethnicity and Politicization in Kenya

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Ethnicity and Politicization in Kenya ETHNICITY AND POLITICIZATION IN KENYA ERRATA May 2018 Edition Errata No: KHRCJUNE20TH2018 This errata sheet lists errors and their correction for May 2018 Edition, titled “ETHNICITY AND POLITICIZATION IN KENYA”, Printed on May 2018, ISBN: 978-9966-100-39-9 Original Text (In Bold) Correction made Cover page ETHNICITY AND POLITICIZATION IN ETHNICITY AND POLITICIZATION IN KENYA KENYA (Kenyan Map Picture) (Graphic Map) The National Study Table of Contents Missing Table of contents Table of contents inserted. Page 1 Acknowledgement (The whole text) Replacement of the whole acknowledgment text. Errata Issue date: June 20th, 2018 2018 ©Kenya Human Rights Commission 2 Published by Kenya Human Rights Commission Gitanga Road opp. Valley Arcade Shopping Centre, P.O Box 41079-00100, Nairobi, Kenya Email: admin@khrc.or.ke Published by Kenya Human Rights Commission Gitanga Road opp. Valley Arcade Shopping Centre, P.O Box 41079-00100, Nairobi, Kenya Email: admin@khrc.or.ke © 2018 Kenya Human Rights Commission ISBN: 978-9966-100-39-9 All rights reserved. No part of this publication may be reproduced, stored in a retrieval s ystem, or transmitted, in any form or by any means, electronic, photocopying, record or otherwise, without the prior express and written permission of the publishers. © 2018 Kenya Human Rights Commission Views expressed in this publication are solely the authors‘ and do not necessarily represent ISBN: 978-9966-100-39-9 the views of the Kenya Human Rights Commission. All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, photocopying, record or otherwise, without the prior express and written permission of the publishers. Views expressed in this publication are solely the authors‘ and do not necessarily represent the views of the Kenya Human Rights Commission. 3 CONTENTS Acknowledgments 1 Foreword 2 Introduction 3 Politicization of Ethnic Identity in Kenya: Historical Evolution, Major Manifestations and the Enduring Implications 8 1 Introduction 8 2 Ethnic identity: Understanding an elusive concept 9 3 Ethnic identity and politics: Locating the nexus 14 4 Politicization of ethnic identity in Kenya 16 5 Overcoming ethnic politics: Constitutional and legislative tools 40 6 Conclusion and recommendations 48 Selected Bibliography 50 Negotiated Democracy and its Place in Kenya’s Devolved System of Government: An Examination of the 2013 General Elections 53 1 Introduction 53 2 Defining Majoritarian and Negotiated Democracy 54 3 Kenya’s complex de jure majoritarian and de facto negotiated democracy 57 4 Negotiated democracy in the multi-party era 61 5 Negotiated democracy in Kenya’s 2013 General Elections 65 6 Why did Counties resort to negotiated democracy? 66 7 Allegations against negotiated democracy in Kenya’s Counties 73 8 Conclusion 74 References 76 Who belongs in the Civil Service? Ethnicity and discrimination in Kenya’s civil service 79 1 Introduction 79 2 The civil service: the anatomy of conflicting principles 80 3 Struggle for the soul of the civil service 91 4 Conclusion 96 5 References 97 Ethnicity and Political Inclusivity in Kenya: Retrospective Analysis and Prospective Solutions 97 1 Introduction 98 2 Ethnicity and Ethnic Fragmentation in Kenya 98 3 Ethnic Exclusivity in the Kenyan Public Service 100 4 Remedies for Ethnic Politics and their Applicability in Kenya 111 5 Conclusion 118 References 120 Author Biographies 125 Acknowledgement This study was researched and written by Dr Japhet Biegon, Dr Joshua Kivuva, Dr Patrick Asingo, and Winluck Wahiu, independent researchers. The report underwent successive rounds of review, composed of independent review by a scholar, and a review meeting by scholars and practitioners well versed in issues of ethnicity to assess the findings and analysis of the study. We would like to thank the anonymous independent reviewer and the participants of the review meeting for their comments and inputs. The study underwent reviews from various experts and institutions and we appreciate the perspectives and inputs by the National Cohesion and Integration Commission (NCIC) and the National Gender and Equality Commission (NGEC). Internally, the study benefited greatly from the input and review of members of KHRC’s Identity and Inclusion (formerly the Political Pluralism and Diversity) team. In particular Diana Gichengo (Programme Manager) and Julie Kingsland (formerly KHRC Partnership and M&E Manager) who conceptualized the study, K Kanyali Mwikya (Programme Advisor and Lead Editor), and Gaitano Ndalo (Intern) were instrumental in the study. George Kegoro, Executive Director, and Davis Malombe, Deputy Executive Director, were instrumental in developing the scope and overall direction of the study and in prioritizing advocacy on ethnic inclusion in the country. Medika Medi (Communications Assistant), Faith Kirui (IT and Procurement Officer), Felix Okoth (Finance Assistant), and Richard Mutioh (Finance Manager) under the leadership of Peter Mbage (Director: Finance and Administration) provided production assistance including style and editing, and financial and administrative assistance relating to the publication of this study. The Kenya Human Rights Commission would like to thank the Royal Norwegian Embassy in Nairobi, the Embassy of Switzerland in Kenya, the FORD Foundation, and the Open Society Initiative for East Africa whose funding and support led directly to the establishment and publication of this study. 1 FOREWORD Published in the aftermath of a bitterly contested and highly divisive 2017 election cycle, KHRC‘s National Study seeks to map the terrain of ethnicity and the political process in Kenya. Not unlike 2010, when Kenyans came together to establish a new constitutional dispensation, we are once again at a crossroads whose decision on the way forward could make or break our social fabric. The papers that make up this study discuss a wide range of issues from the elite discourses that shaped ethnicity as ―the single most important variable in the Kenyan political arena,‖ to an analysis of the contours of ―negotiated democracy‖ in the country under the devolved system of government, to the fluid notion of ethnicity as well as the problems of determining the moral claims to ―ethnic balance‖ in the public service, to, lastly, a bold proposal for the infusion of new ideas of representation that transcend ethnic identity by positing cross-ethnic cooperation as opposed to ethnic competition. Our current political moment compels us to think innovatively and radically about how to live in an ethnically diverse society that works for all of us. We hope this Volume will contribute to current discussions as to how Kenya can best move forward in a way that pays respect to and learns from the past but that also looks refreshingly to the future. It is for this reason that we have intended for this Volume to have a wide readership including students, scholars, and policy-makers. I would like to take this opportunity to thank the four independent researchers for contributing to this volume. I am grateful to the team at KHRC who contributed to the development of this publication at various stages. I would also like to thank the anonymous reviewer and participants of the review meeting for their valuable comments that shaped this volume. KHRC is thankful to the Embassy of Switzerland and the Norwegian Embassy for their generous financial support that led to this book‘s publication. George Kegoro Executive Director Kenya Human Rights Commission (KHRC) 2 Introduction Beyond Ethnicity The instrumentalization of ethnicity as the primary means of mobilization has become an inescapable fact of political life in Kenya. However, how ethnicity came to be so elevated in Kenyan politics is a topic not well understood by the broader Kenyan public. For too long, the resignation by scholars, activists, and civil society on the politicization of ethnicity in Kenya has led to a stagnating of the discourse when it comes to approaches to address ways of ―managing‖ ethnic identity in relation to the sharing of power, resources, and opportunities. In as far as scholars and activists have worked to address the topic of ethnic divisiveness in the country; their efforts have been limited in two ways. First, scholarly work has not been effective in influencing discussions on ethnicity beyond academic circles. Many Kenyans may experience the vast effects of ethnic politics without necessarily ever having encountered analyses and explanations for this phenomenon. Many of these analytical tools have the potential of revolutionizing how Kenyans view ethnic identity, ethnocentrism, and ethnic discrimination by, for example, making light of the intersection between ethnic, gender, and class discrimination or the fluidity of ethnic identity in Kenya‘s pre- and post- independence history. Second, many activists, perhaps due to the urgency of addressing the consequences of ethnic politics such as corruption and political violence, employ simplistic explanations for this phenomenon, leaving the public with an incomplete picture of the nuances and idiosyncrasies of ethnicity and politics across Kenya. The National Study is part of KHRC‘s efforts to demystify the role ethnicity plays in Kenya‘s political system in a way that is accessible to scholars, activists, and the wider public. Covering a broad range of issues from the origins of elite mobilization of ethnicity, to the role of negotiated democracy within Kenya‘s devolved system of government, the uses of ethnic markers in determining the inclusivity of the public service, and radical approaches aimed at reducing ethnic competition while promoting cross-ethnic cooperation, this work seeks to expand the boundaries of the way Kenyans think about ethnicity beyond headcounts of the number of high-level appointments in a certain ministry or the ethnic composition of the public service. Although we do present data on the ethnic composition of cabinet since independence as well as data by the National Cohesion and Integrated Commission (NCIC) on the ethnic composition of the public service, we also present analysis on how exactly these phenomena came to pass.
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