The jubilation that marked Kenya’s adoption of a new Constitution on August 27, 2010, was a moment of hope for many, promising to transform the country’s economic, social, political, and cultural landscape. Over the last twelve years, however, the excitement has gradually faded for many communities, particularly those that have long been marginalized, such as the Somali in northern Kenya. Despite the progressive nature of the Constitution, it has yet to be translated into any local languages apart from Kiswahili. This lack of accessibility has left pastoralist communities feeling excluded and disconnected from the very legal protections meant to safeguard their rights. Security profiling, arbitrary arrests, and harassment remain common experiences for many Somali families, and the repeated questioning of their belonging in Kenya stemming from historical secession movements and perceptions of Somalis as either immigrants or pastoralists reinforces a sense of exclusion.
As a paralegal working in Wajir, I frequently encounter the same questions from the local community. People ask, “Why don’t you provide a copy of the Constitution so that we are also aware of our rights?” or “Is it a lack of resources, or a deliberate attempt to keep people in the dark about what we are entitled to and what we should expect from our government?” These questions highlight a serious gap between the law on paper and its practical impact in communities. One critical right is public participation in policy formulation and budgeting at both national and county levels, as captured in Article 118 of the Constitution, which mandates Parliament to facilitate citizen involvement. Yet, for communities unable to read the Constitution in a language they understand, such rights remain largely theoretical rather than actionable. Civic education, which is a national duty, cannot be fully effective unless communities can access and comprehend the legal text.
The lack of translations particularly affects pastoralist communities, whose nomadic lifestyles and historically limited access to formal education have contributed to lower literacy levels. For Somali communities, this means that even basic awareness of constitutional provisions is a challenge, further reinforcing a perception of exclusion and invisibility. Access to the Constitution in local languages would allow communities to understand their rights, claim them, and engage meaningfully in civic and governance processes. Without this, the commitment to ethnic diversity and inclusion promised by the Constitution remains unfulfilled, and the historical marginalization of these communities continues.
Most of these provisions remain largely on paper because of poor implementation, including inadequate allocation of funds for translations, sensitization programs, and support to statutory bodies meant to champion the process. For Somali communities and other marginalized groups, the absence of the Constitution in local languages is more than a technical oversight it is a barrier that strengthens the feeling that they will always be left out. Ensuring access to legal texts in languages that people understand is essential not only for promoting civic participation but also for affirming belonging, dignity, and equality in a society that continues to struggle with historical disparities.
For More Read: https://namati.org/publications/paralegal-experiences-with-citizenship-rights-in-kenya/