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Volume III Chapter ONE Definitions 9. In this Chapter, ethnic group refers to a group of person defined by reference to colour, race, religion, or ethnic or national origins. 6 The term ‘tribe’ is also sometimes used in common parlance, but it is considered derogatory. 7 The term has a connotation to colonialism and ideas of African traditionalism and backwardness in opposition to white or European civilization. Therefore, the Commission does not use this term, except when quoting witnesses verbatim. 10. Ethnicity may be used as a vehicle for positive group identification, or for negative exclusion including discrimination and, in extreme cases, ethnically-motivated violence. Kenya’s history is replete with examples of ethnicity used for both positive and negative purposes. While this chapter focuses on the negative side of ethnicity as required by the Commission’s mandate, it is important to acknowledge that ethnic affiliation is not, in and of itself, a bad thing. In fact, ethnicity is often at the core of an individual’s sense of identity and belonging. In an environment of tolerance and celebration of diversity, ethnicity can strengthen national identity and purpose. 11. Ethnic tension refers to protracted social and political confrontations between ethnic groups. 8 Such confrontations may be physical or non-physical in nature. Ethnic tension is also referred to as ‘ethnic conflict’, and both terms are used interchangeably in this Chapter. Such confrontations may either be physical or non-physical in nature. ‘Ethnic violence or clashes’, also a commonly used term in Kenya, refers to physical violence that arises from, or is motivated by, ethnic tension. 12. The terms ‘ethnic violence’, ‘ethnic tension,’ and ‘ethnic conflict’ are often used interchangeably. This Chapter distinguishes ethnic violence as an aggravated form of ethnic tension or conflict that results in physical violence or even armed conflict. Ordinarily, ethnic tension precedes the occurrence of ethnic violence. Ethnic tension may also continue in the aftermath of ethnic violence. 13. Ethnic tension does not result from the mere co-existence of multi-ethnic groups within a nation.9 Rather, ethnic conflict and ethnic violence often arise from socioeconomic and political tension between or within the various ethnic communities which are then manipulated by politicians or other leaders to further a selfish political or economic agenda. In Kenya, ethnicity has become an instrument of division. Consequently, parts of the country have experienced heightened levels of 6 NCIC Act, sec 2 7 Draft Ethnic and Race Relations Policy, NCIC, 2012 8 S Kinyanjui & G Maina ‘Ethnic conflict in Kenya: An analysis of the politicization of ethnicity and the impact of free markets on ethnic relations’ in Kenya Section of the International Commission of Jurists Ethnicity, Human Rights and Constitutionalism in Africa (2008) 80. 9 O McOnyango ‘The Jews, the Gentiles and the Grudge’ UNESCO seminar paper (1995) 1. 4 REPORT OF THE TRUTH, JUSTICE AND RECONCILIATION COMMISSION
Volume III Chapter ONE ethnic tension which have resulted in ethnic violence. The 2007/2008 post-election violence that led to the creation of this Commission is perhaps the worst, but not the only, example of ethnic tension erupting into ethnic violence through political manipulation. Ethnic Composition 14. Kenya is a multi-ethnic country. Following the adoption of a new Constitution in August 2010, the country has been geographically and administratively divided into 47 counties. Previously the country was divided into eight provinces and 210 districts. With the current population of approximately 41 million people, the country is inhabited by more than 44 ethnic communities from the Bantu, Nilotic and Cushitic peoples. The country’s population also comprises people of Arabic, Asian and European origin. The 2010 Population and Housing Census Report include the most recent data on ethnicity, which is set forth in Table 1 and Figure 1. Table 1: Ethnic composition of Kenya as at 2009 10 Ethnic group Population Kikuyu 6,622,576 Luhya 5,338,666 Kalenjin 4,967,328 Luo 4,044,440 Kamba 3,893,157 Kenya Somali 2,385,572 Kisii 2,205,669 Mijikenda 1,960,574 Meru 1,658,108 Turkana 988,592 Maasai 841,622 Teso 338,833 Embu 324,092 Taita 273,519 Kuria 260,401 Samburu 237,179 Tharaka 175,905 Mbeere 168,155 Borana 161,399 Basuba 139,271 Swahili 110,614 Gabra 89,515 Orma 66,275 Rendile 60,437 10 Government of Kenya 2009 Population and Housing Census Results (2010). REPORT OF THE TRUTH, JUSTICE AND RECONCILIATION COMMISSION 5
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