The Jubilation that marked Kenya’s adoption of a new constitution on August 27, 2010, which sought to fundamentally transform the backward economic, social, political and cultural advancements in the country, has fizzled out over the last decade due to many missed opportunities.
Thirteen years later, the progressive constitution is yet to be translated into any local language apart from the national language Kiswahili. One of the communities that have consistently felt left out is the Somali. Largely based in the northern part of Kenya, this community has been marginalised for a long time.
Security profiling cases among members of this particular community, arbitrary arrests and harassment are common. The notion of 'belonging' among Kenyan Somalis has been put into question time and again, not only due to the post-Independence secession movement in the mainly Somali areas in the northeast but also because of the perception of Somalis as pastoralists or immigrants.
It is no surprise to many that the 2010 constitution has not been translated into the Somali language.
As a paralegal working in Wajir, the question I consistently get from the locals every time I quote the Constitution is, "Why don't you provide a copy of the Constitution so that we are also aware of our rights?". Is it a lack of resources? Or just a deliberate attempt by the government to keep people in the dark about their entitlements and what they should expect from their government?"
One key right is public participation in policy formulation and even in budgeting at both the national and county levels. The importance of public participation is captured in Article 118 of the Constitution, which aso mandates Parliament to facilitate public participation.
These fundamental constitutional establishments demonstrate a commitment of the government of Kenya to provide civic education to the populace as a means of creating a civically active citizenry fully aware of their entitlements and with the ability to demand these entitlements.
Civic education is a national government duty to make sure that people understand the Constitution. Since the Constitution recognises our ethnic diversities, the government should strive to translate it into local languages, especially pastoral languages such as Somali.
Most of these provisions, however, appear to largely remain on paper because of a poor implementation culture ably demonstrated by the perennial lack of allocation of money to support the translation of the constitution and sensitisation and even support to statutory bodies meant to champion this process.
For a community like the Somali who have been marginalised for the longest time, the fact that the Constitution is not available in their local language is just another factor that strengthens their belief that they will always be left out.
While Kenya has one of the highest literacy levels in Africa, many people among marginalised communities are still illiterate, with difficulties expressing themselves in English or Kiswahili.
Translating the constitution into the local languages would help them comprehend key provisions of the law. My community, due to the nomadic nature of our lifestyle, is one of those that have lagged behind in literacy.
Paralegal at Paranet based in Wajir county