LLB Research Projects (2017)

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Browsing LLB Research Projects (2017) by Author "Diida, Grace"

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    Rights of the marginalized communities: an appraisal of the constitution of Kenya 2010
    (Strathmore University, 2017-01) Diida, Grace
    The concept of marginalized groups was first formally recognized in the Constitution of Kenya 2010 (2010 Constitution). This was the first step in the recognition of these groups after a long history of discrimination and in-equal distribution of resources. This study narrows in on marginalized communities who are part of the marginalized groups. The study first looks at the historical causes of marginalization, tracing the beginnings of the unequal treatment to the colonial era and its subsequent propagation to the independence era, differing only slightly in the mode of governance but marked by the characteristic causes which included a system of capitalization marked by segregationist laws and populist politics. Chapter three, against this backdrop, looked at the demands of the marginalized communities during the Constitution review process and singled out major areas for concern which included; land and resource rights , culture and language rights, legal recognition and identity and equality and non-discrimination. In a rather pragmatic approach, the marginalized communities also opted for a change in the governance system as well as the electoral system. This was aimed at increasing probability for the attainment of these rights. Chapter four looked at the extent to which the 2010 Constitution provided for these rights. It went on further to interrogate the implementation mechanisms provided and their capacity to adequately provide for these rights. The study then concludes in Chapter five by providing that the 20 I0 Constitution though having taken immense steps toward the provision of these rights still falls short due to the implementation mechanisms and more so due to the overlap of functions and a lack of express laws prioritizing marginalized communities. it then provides recommendations on the same.