PUBLIC PARTICIPATION REPORT ON NATIONAL POLICY AND BILL ON ETHNIC MINORITIES AND MARGINALIZED COMMUNITIES HELD FROM 21ST – 28TH OCTOBER 2025 IN KENYA

Background Information

Hunter Gatherer Forum Kenya (HUGAFO-K) is a national network that brings together hunter-gatherer communities across Kenya to strengthen collective representation, coordination, and advocacy on issues affecting their livelihoods, rights, lands, and cultural survival. Established in November 2019, HUGAFO-K works through trainings, advocacy, learning, research, documentation, and partnerships to advance inclusion and justice for historically marginalized hunter-gatherer communities.

HUGAFO-K is currently hosted by Ogiek Peoples’ Development Program (OPDP), a non-governmental organization and member of the network, headquartered in Nakuru Town, Nakuru County. The network’s thematic areas include Land Tenure, Human Rights, Language and Culture, Research and Documentation, Partnerships and Alliances, Capacity Building for Member Organizations, and Conservation and Climate Justice.

Introduction

Between 21st and 28th October 2025, HUGAFO-K supported hunter-gatherer communities to meaningfully participate in the national public participation process on the National Policy and Bill on Ethnic Minorities and Marginalized Communities. This engagement was part of a broader national effort led by the Government of Kenya, through the Office of the President, to harmonize criteria and terminology for identifying marginalized communities.

Through close coordination, continuous guidance, and community mobilization, HUGAFO-K ensured that participating communities understood the policy issues, articulated their priorities, and formally submitted memoranda to their respective County Commissioners. This process strengthened community voices, enhanced their visibility in national decision-making, and reaffirmed their rightful place in shaping policies that affect their lives, lands, and future.

Problem Statement and Context

Despite constitutional guarantees under Articles 27, 56, and 11 of the Constitution of Kenya, hunter-gatherer communities continue to face exclusion from national development processes. Ambiguity and inconsistent use of terms such as “indigenous,” “ethnic minorities,” and “marginalized” have allowed less marginalized or dominant groups to disproportionately benefit from affirmative action and state resources.

Hunter-gatherer communities remain underrepresented in official records, face insecure land tenure, cultural erosion, limited access to natural resources, and outdated policies that criminalize their traditional livelihoods. The absence of ethnic codes further undermines their recognition under the Community Land Act (2016). The ongoing policy harmonization process therefore presented a critical opportunity for these communities to assert their identity and rights—an opportunity that required targeted support to ensure their effective participation.

Overview of the Public Participation Process

HUGAFO-K supported public participation through:

• Community sensitization and simplified briefings on the Policy and Bill;

• Technical guidance on identifying key issues and drafting memoranda;

• Mobilization and logistical coordination for engagement with County Commissioners;

• Consolidation of community positions to ensure clarity and consistency.

Eight (8) hunter-gatherer communities across different counties were supported to participate and submit memoranda during the exercise.

Community-Level Participation

Ogiek of Mau

Regional commissioner office, Nakuru, Narok,Uasin Gishu and Kapsabet.

The Nakuru, Narok, Uasin Gishu and Nandi County public participation forum on the Ethnic Minorities and Marginalized Community Bill 2025 and the Draft Policy on Minorities brought together community representatives, civil society organizations’, government officials and other stakeholders to provide their views on the first national framework aimed at operationalizing Article 56 of the Constitution. The forum was convened by the Minorities and Marginalized Affairs Unit (MMAU) within the Office of the President as part of a national process to gather perspectives from diverse counties.

Participants were informed that although the Constitution recognizes minorities and marginalized groups, Kenya has lacked specific legislation and policy to guide inclusion, equitable resource distribution and protection of these communities. MMU representatives, the Bill and Draft Policy seek to address longstanding challenges such as land injustices, limited access to essential services, under-representation, socio-economic exclusion and erosion of cultural identity. They also affirmed the government’s commitment to finalizing the new framework before December 2025, noting its importance in guiding both national and county institutions in planning and service delivery.

During the fora, participants expressed a strong desire for the proposed legislation and policy to recognize the unique realities and historical experiences of minority communities in the county. They voiced concerns related to unresolved land issues, inadequate representation in county structures, loss of cultural heritage, and barriers in accessing health services, education, water and infrastructure.

The need for equitable resource allocation, targeted inclusion measures and clear implementation guidelines for county governments featured strongly in the discussions. Community members emphasized that meaningful participation requires recognition, data mapping, accountability mechanisms and budgetary support to ensure that marginalized groups are not left behind in development planning. Participants expressed optimism that the Bill and Policy will offer a transformative opportunity to shift Kenya away from historical exclusion toward fairness, justice and national cohesion. The meeting concluded with a shared expectation that the inputs gathered from the four counties will contribute to strengthening the final legislation and policy, ensuring that they respond to the lived experiences and development needs of the county’s minority and marginalized communities.

Concerns raised

i. Non participation of other state agencies such as ministry of lands responsible for addressing challenges faced by minorities in Kenya

ii. Limited time allocated to participants to present grievances and memoranda during the meeting, instead they were asked to submit virtually within 7 days.

Figure 2:Ogiek of Narok

Figure 3:Ogiek of Nakuru

Figure 4:Ogiek of Uasin Gishu

Figure 5:Ogiek of Nandi

Ogiek of Mt. Elgon

Figure 6:Ogiek of Mt. Elgon

The Ogiek of Mt. Elgon, with HUGAFO-K’s support, articulated concerns around forced evictions, conservation-related exclusions, and lack of recognition as a distinct marginalized community. The memorandum called for alignment of the Policy with constitutional protections and community land rights, and for meaningful consultation in conservation initiatives.

Sengwer

Figure 7:Photo of Sengwer community during public.

The government of Kenya in 2013, through Executive Order No. 2 of 2023 established the

Minorities and Marginalized Affairs Unit domiciled in the office of the president to protect the

rights of minorities and marginalized communities and to promote affirmative action programs

and measures as envisioned in the Constitution of Kenya 2010, the BETA Plan and relevant

treaties, conventions and statutes.

For those reasons the unit developed a draft National policy and a bill on ethnic minorities and

marginalized communities that needed minorities and marginalized communities in respective

counties to give their views as per the constitutional requirement. The Constitution of Kenya

(2010) explicitly mandates public participation in governance, Article 10(2)(a) lists public

participation as one of the national values and principles of governance. Articles 174(c) and (d)

emphasize that devolution must promote self-governance and public involvement in local

decision-making. Article 232(1)(d) requires involvement of the people in the process of policy

making as a value of public service.

On 18 October 2025, the Sengwer minority and marginalized community of Elgeyo Marakwet

county converged at Tangul primary school to review the policy with community members

drawn from Marakwet West and those from Marakwet East largely from the three glades in

Embobut forest lead by council of elders and community professionals. They were about 200

participants.

After the community reviewed the policy draft they appointed 3 people to fine-tune the policy

as it was required for readiness for submission on 23 rd October 2025 at Iten at County

Commissioner’s office. Sengwer Embobut based organization supported 10 people who

travelled to Iten for public participation and to make submissions of the policy. National Gender

and Equality commission (NGEC), County Youth office representative, Kenya Union of Post

Primary Education Teachers (KUPPET) Representative, Deputy County Commissioner Civil

society organizations, and Minorities and Marginalized Affairs Unit (EMMCs) representatives

who leading in hearing and receiving the communities’ policy reviews.

Aweer

The Aweer community, supported by HUGAFO-K, focused their submission on cultural survival, access to forests and natural resources, and inclusion in affirmative action programs. They emphasized the importance of clear terminology to distinguish genuinely marginalized communities from dominant groups.

Yaaku

HUGAFO-K supported the Yaaku community to engage in public participation by documenting their concerns on language loss, cultural erosion, and invisibility in national records. Their memorandum called for recognition of minority languages and targeted support for cultural revitalization within the Policy framework.

El Molo

With technical support from HUGAFO-K, the El Molo community highlighted extreme marginalization, livelihood challenges, and lack of access to basic services. The memorandum emphasized the need for affirmative action measures that are responsive to the unique vulnerabilities of small hunter-gatherer communities.

Wayuu

HUGAFO-K supported the Wayuu community to articulate issues of social exclusion, land insecurity, and limited political representation. The memorandum stressed the importance of participation of marginalized communities at all stages of policy development and implementation.

Role of HUGAFO-K

Throughout the public participation period, HUGAFO-K played a coordinating and facilitative role by:

• Bridging communities with national and county-level processes;

• Enhancing community understanding of policy content;

• Strengthening advocacy skills and confidence among community representatives;

• Ensuring timely submission of memoranda and documentation of the process.

This support enhanced the quality of community submissions and strengthened collective advocacy on marginalization policy reforms.

Recommendations

• The National Policy and Bill should clearly define and distinguish hunter-gatherer communities to prevent capture by dominant groups.

• Affirmative action frameworks must prioritize historically marginalized hunter-gatherer communities based on lived realities and historical injustices.

• The government should institutionalize continuous engagement with hunter-gatherer networks such as HUGAFO-K throughout policy development and implementation.

• Recognition mechanisms, including ethnic codes and community land registration, should be fast-tracked.

• Adequate resources should be allocated to support participation of marginalized communities in national processes.

Conclusion

The 21st–28th October 2025 public participation exercise demonstrated that with targeted support, hunter-gatherer communities can meaningfully engage in national policy processes. Through coordination, guidance, and mobilization, HUGAFO-K ensured that eight hunter-gatherer communities articulated their priorities and submitted memoranda on the National Policy and Bill on Ethnic Minorities and Marginalized Communities.

This engagement strengthened community voices, enhanced visibility in national decision-making, and reaffirmed the central role of hunter-gatherer communities in shaping policies that affect their rights, lands, cultures, and future. Continued collaboration between the government, HUGAFO-K, and partners will be essential to ensure that the final Policy and its implementation truly advance inclusion, justice, and equity for Kenya’s most marginalized communities.

Annex