Land rights for minority and marginalised groups

• Right to participate in economic activities in the country
• Right to preserve their cultural way of life in line with article 11 of the Constitution
• Right to representation in land governance institutions and participation in land related decision making processes.
• Right of access to the shore lines of lakes and rivers and public fish landing sites for fishing communities to enable them carry out their economic activities
• Right of access to community forests for hunter gatherers communities to sustain their livelihoods.
• Right of access to communally held land for grazing purposes for the Pastoral communities

The Constitution defines a “marginalized group” as a group of people who, because of laws or practices before, on, or after the effective date, were or are disadvantaged by discrimination on one or more of the following grounds; including race, sex, pregnancy, marital status, health status, ethnic or social origin, colour, age, disability, religion, conscience, belief, culture, dress, language or birth.

The Constitution defines a “marginalised community” as ;
1. A community that, because of its relatively small population or for any other reason, has been unable to fully participate in the integrated social and economic life of Kenya as a whole; or
2. A traditional community that, out of a need or desire to preserve its unique culture and identity from assimilation, has remained outside the integrated social and economic life of Kenya as a whole; or
3. An indigenous community that has retained and maintained a traditional lifestyle and livelihood based on a hunter or gatherer economy; or
4. Pastoral persons and communities, whether they are nomadic or a settled community that, because of its relative geographic isolation, has experienced only marginal participation in the integrated social and economic life of Kenya as a whole.