Recognising Ethnic Minorities and Marginalised Communities

This chapter examines efforts to list Kenya’s ‘minorities’ and ‘marginalised communities,’ categories in the 2010 constitution entitled to affirmative action in government representation, resource distribution and public service employment. These are the first classifications with allocative consequences since colonial times. I examine how these terms are operationalised in legal cases, by government Commissions, and by civil society. I show the impossibility of arriving at a fixed list and illuminate myriad strategies for responding to competing political demands for status. These are quintessential examples of cultivated vagueness. I show how this enables both generosity in conferring special status and its application in divisive ways. I use three cases of code seeking – Nubian, Wayyu and Sakuye peoples – to further illustrate both how vague codes have become and how politically salient they are. I examine both the limits of classification in this space and explore ways to make them work to benefit marginalised people. I conclude with some alternatives to classification for remedying marginalisation.