Lifting the translucent Veil: The erroneous implementation of article 56 on Kenyan Somalis

Abstract

Article 56 of the Constitution of Kenya dictates that the state is mandated to ensure protection of the rights of minorities and marginalised groups. This provision aims to align the social, political and economic factors of minority groups with the rest of society. The state of Kenya has a history punctuated by acts of de-humanization, de-legitimization and de-nationalization of Kenyan Somalis. Through an analysis of Article 56, this paper seeks to demonstrate that as a result of preconceived notions, the state has failed to recognize the need for reform in ensuring that Kenyan Somalis are afforded utmost protection across all fronts. The community for the past decade has been shrouded with illegal raids, arbitrary arrests and restricted access to state services in dint of their ethnic and religious background. This has led to a complex and unconstitutional system of arbitrary state procedures implemented across the country, mainly in the former Northern Frontier District. Consequently, informal forms of ultra vires are employed by agents of the state, specifically the Kenyan police force. Further, the dissertation outlines that attempts by the state to integrate ethnic minorities, has produced futile results. The paper will comment on the contributions that historical events such as the Wagalla Massacre and Shifta War have had on the current situation. Lastly the paper will provide recommendations on the protection and inclusion of Kenyan Somalis, and methods through which Article 56 may be implemented efficiently to protect minorities and marginalized groups in Kenya.