Last Change:
02/26/2025
National Cohesion and Integration Act
Year: 2008
Type: Domestic law
Rights Category: Nationality, Integration & Public Affairs
Description
The National Cohesion and Integration Act, 2008 promotes peaceful coexistence and national unity in Kenya. It establishes the National Cohesion and Integration Commission (NCIC) to address ethnic discrimination, hate speech, and related offenses. The Act fosters equitable resource distribution, promotes tolerance, and combats practices that undermine national harmony. By providing a legal framework for managing diversity, it aims to prevent ethnic conflicts and enhance cohesion among Kenyans.
Selected provisions
There is established a Commission to be known as the National Cohesion and Integration Commission.
The functions of the Commission shall be to—
(a) promote the elimination of all forms of discrimination on the basis of ethnicity or race;
(b) discourage persons, institutions, political parties and associations from advocating or promoting discrimination or discriminatory practices on the ground of ethnicity or race;
(c) promote tolerance, understanding and acceptance of diversity in all aspects of national life and encourage full participation by all ethnic communities in the social, economic, cultural and political life of other communities;
(d) plan, supervise, co-ordinate and promote educational and training programmes to create public awareness, support and advancement of peace and harmony among ethnic communities and racial groups;
(e) promote respect for religious, cultural, linguistic and other forms of diversity in a plural society;
(f) promote equal access and enjoyment by persons of all ethnic communities and racial groups to public or other services and facilities provided by the Government;
(g) promote arbitration, conciliation, mediation and similar forms of dispute resolution mechanisms in order to secure and enhance ethnic and racial harmony and peace;
(h) investigate complaints of ethnic or racial discrimination and make recommendations to the Attorney-General, the Human Rights Commission or any other relevant authority on the remedial measures to be taken where such complaints are valid;
(i) investigate on its own accord or on request from any institution, office, or person any issue affecting ethnic and racial relations;
(j) identify and analyse factors inhibiting the attainment of harmonious relations between ethnic communities and racial groups and advise on the barriers, which need to be overcome in order to promote ethnic harmony and national cohesion;
(k) monitor and review all legislation and all administrative acts relating to or having implications for ethnic relations and equal opportunities and of any relevant international conventions, and to recommend to the Government the adoption of new legislation, amendments to existing legislation, and the adoption or alteration of administrative acts or procedures, in order to promote ethnic harmony and national cohesion;
(l) initiate, lobby for and advocate for policy, legal or administrative reforms on issues affecting ethnic relations;
(m) monitor and make recommendations to the Government and other relevant public or private sector bodies on factors inhibiting the attainment of harmonious relations between ethnic communities and racial groups;
(n) monitor and report to the National Assembly the status and success of implementation of its recommendations;
(o) issue notices directing persons or institutions involved in actions or conduct amounting to violations of the Act, to stop such actions or conduct within a given period;
(p) initiate investigations on its own accord or on request from any institution, office, or person on any issue affecting ethnic and racial relations;
(q) determine strategic priorities in all the socio-economic, political and development policies of the Government impacting on ethnic relations and advise on their implementation;
(r) recommend to the Government criteria for deciding whether any public office or officer has committed acts of discrimination on the ground of ethnicity or race;
(s) investigate complaints of ethnic or racial discrimination and make recommendations to the Attorney-General, the Human Rights Commission or any other relevant authority on the remedial measures to be taken where such complaints are valid;
(t) investigate complaints of discrimination, and make recommendations to the Attorney-General, the Human Rights Commission or any other relevant authority on the remedial measures to be taken where such complaints are valid;
(u) investigate on its own accord or on request from any institution, office, or person any issue affecting ethnic and racial relations;
(v) identify and analyse factors inhibiting the attainment of harmonious relations between ethnic communities and racial groups and advise on the barriers, which need to be overcome in order to promote ethnic harmony and national cohesion;
(w) monitor and review all legislation and all administrative acts relating to or having implications for ethnic relations and equal opportunities and of any relevant international conventions, and to recommend to the Government the adoption of new legislation, amendments to existing legislation, and the adoption or alteration of administrative acts or procedures, in order to promote ethnic harmony and national cohesion;
(x) initiate, lobby for and advocate for policy, legal or administrative reforms on issues affecting ethnic relations;
(y) monitor and make recommendations to the Government and other relevant public or private sector bodies on factors inhibiting the attainment of harmonious relations between ethnic communities and racial groups;
(z) monitor and report to the National Assembly the status and success of implementation of its recommendations;
(aa) issue notices directing persons or institutions involved in actions or conduct amounting to violations of the Act, to stop such actions or conduct within a given period;
(bb) determine strategic priorities in all the socio-economic, political and development policies of the Government impacting on ethnic relations and advise on their implementation;
(cc) recommend to the Government criteria for deciding whether any public office or officer has committed acts of discrimination on the ground of ethnicity or race;
(dd) monitor and review all legislation and all administrative acts relating to or having implications for ethnic relations and equal opportunities and of any relevant international conventions, and to recommend to the Government the adoption of new legislation, amendments to existing legislation, and the adoption or alteration of administrative acts or procedures, in order to promote ethnic harmony and national cohesion;
(ee) initiate, lobby for and advocate for policy, legal or administrative reforms on issues affecting ethnic relations;
(ff) monitor and make recommendations to the Government and other relevant public or private sector bodies on factors inhibiting the attainment of harmonious relations between ethnic communities and racial groups;
(gg) monitor and report to the National Assembly the status and success of implementation of its recommendations;
(hh) issue notices directing persons or institutions involved in actions or conduct amounting to violations of the Act, to stop such actions or conduct within a given period;
(ii) determine strategic priorities in all the socio-economic, political and development policies of the Government impacting on ethnic relations and advise on their implementation;
(jj) recommend to the Government criteria for deciding whether any public office or officer has committed acts of discrimination on the ground of ethnicity or race;
(kk) monitor and review all legislation and all administrative acts relating to or having implications for ethnic relations and equal opportunities and of any relevant international conventions, and to recommend to the Government the adoption of new legislation, amendments to existing legislation, and the adoption or alteration of administrative acts or procedures, in order to promote ethnic harmony and national cohesion;
(ll) initiate, lobby for and advocate for policy, legal or administrative reforms on issues affecting ethnic relations;
(mm) monitor and make recommendations to the Government and other relevant public or private sector bodies on factors inhibiting the attainment of harmonious relations between
A person who—(a) uses threatening, abusive or insulting words or behavior, or displays any written material; (b) publishes or distributes written material; (c) presents or directs the performance of a public performance; (d) distributes, shows or plays, a recording of visual images; or (e) provides, produces or directs a programme; which is threatening, abusive or insulting or involves the use of threatening, abusive or insulting words or behavior commits an offense if such person intends thereby to stir up ethnic hatred, or having regard to all the circumstances, ethnic hatred is likely to be stirred up.