Tackling obstacles in marginalised areas

In 2003, just two years after admission to the bar, I was privileged to initiate a suit on behalf of the Nubian community in Kibera, Nairobi, seeking citizenship as well as their property rights over land in the Kibra informal settlement.

The litigation would spawn other advocacy efforts in the country and in regional quasi-judicial mechanisms, including the African Commission on Human and Peoples’ Rights and the African Union Committee on the Rights and Welfare of the Child.

The crowning moment came only a few weeks ago, when President Uhuru Kenyatta, at a ceremony at State House, Nairobi, granted a community land title to 280 acres of land in Kibra to the Nubians, bringing an end to what Mr Issa Abdulfaraj, the community’s spokesperson, called “100 years of marginalisation”.

PROGRESS

Given that the advocacy commenced during President Mwai Kibaki’s first term and continued with no notable progress, it is fitting to examine President Kenyatta’s record in addressing challenges faced by these communities.

In 2013, pursuant to Article 216(4) of the Constitution, the Commission on Revenue Allocation published a marginalisation policy on the management of the Equalisation Fund.

It earmarked 14 counties for support. Following the enactment of Equalisation Fund Regulations in 2015, the 2016-2017 Budget allocated Sh12 billion to counties in northern Kenya for roads, water and hospitals and other projects.

Turkana has received Sh39.4 billion. Lodwar Referral Hospital today greater capability to address complex health challenges.

TREATMENT

In the past, patients would have had to travel to Eldoret Referral Hospital for specialised treatment.

Mandera has received Sh36 billion sharable revenue, enabling the construction of a 24.5km bitumen road, the first since independence.

Surveys, including by the National Democratic Institute, have shown that counties inhabited by marginalised communities are the most satisfied with devolution.

While Mr Kibaki’s first term saw the formulation of the Economic Recovery Strategy for Northern Kenya, and the creation of the Ministry for Northern Kenya during the coalition government, President Kenyatta’s term has seen greater investment in infrastructure.

INVESTMENTS

The rollout of investments envisioned under the LAPPSET Corridor strategy confirm that the future of Kenya lies in opening up the north.

The completion of the Isiolo-Moyale road, a 500km artery linking Kenya to Ethiopia, has revolutionised life for pastoralist communities.

Isiolo International Airport is another critical infrastructure. The government has also facilitated private sector investment.

The Lake Turkana wind power project in Marsabit County, a Sh70 billion investment by a private sector conglomerate, poised to generate 310 MW of green wind energy to the national grid by 2018, would have been a pipe dream without the government going the extra mile to address constraints.

IDENTITY CARDS

Until February, when they got national identity cards, 1,176 members of the Makonde community, a Mozambican immigrant group that has lived at the coast since the 1930s, had never been recognised as Kenyans.

Without IDs, they could not open bank accounts, register telephone simcards, acquire business permits, move freely or even register for mobile banking.

Worse, their children could not access education.

That much remains to be done in eliminating the historical legacy of discrimination is inarguable, and one hopes the years ahead will witness even greater efforts.

Mr Sing’Oei is a legal adviser in the Deputy President’s Office. [email protected]