INTERNATIONAL JOURNAL OF INNOVATIVE RESEARCH AND KNOWLEDGE

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1 Volume-2 Issue-10, October-2017 INTERNATIONAL JOURNAL OF INNOVATIVE RESEARCH AND KNOWLEDGE Politicized ethnicity and Human Rights Violations: Unintended side-effects of the multi-party politics in Kenya, Mr. Samuel Mwiti Njagi Institute of Diplomacy and International Studies, University of Nairobi Prof. Maria Nzomo Professor, International Studies and Governance Director, Institute of Diplomacy and International Studies University of Nairobi Dr. Martin Ouma Lecturer, Institute of Diplomacy and International Studies University of Nairobi Nairobi, Kenya. Abstract This article critically analyzed the role politicized ethnicity played on human rights violations during Kenya s multi-party era. To achieve this objective, both primary and secondary data was used in this study and subsequently analyzed using mixed methods. The article illustrates that though the re-introduction of the multiparty politics was a step in the right direction; this system of governance had the unintended consequences of allowing the politicization of ethnicity to flourish, a move that subsequently exacerbated ethnic based conflicts. The article reveals that multi-party politics in Kenya led to the mushrooming of ethnic based political parties that mobilized along ethnic lines during the general elections, with the winner taking it all while excluding other ethnic groups especially those that were perceived to be pro-opposition. This intensified human rights violations Page 95

2 both directly and indirectly, culminating into intermittent conflicts. Thus, this article asserts that to promote good governance where human rights are protected, there is a need to enhance inclusivity in the society. Key Words: Politicized ethnicity, exclusion, Conflicts, Human Rights, multi-party INTRODUCTION Though the re-introduction of multi-party system in early 1990s was meant to promote good governance with efficient service delivery to all citizens, this system had the unintended consequences of promoting politicization of ethnicity due to the burgeoning of ethnic based political parties. These political parties mobilized along ethnic lines and later formed governments that excluded some ethno-regions especially those that were perceived to be pro-opposition. 1 This was subsequently followed by widespread violations of human rights particularly in the excluded ethno-regions, a development that culminated in intermittent ethnic conflicts such as the 1992, 1997 and 2007/08 post-election skirmishes. Thus, this article critically analyses the nexus between politicization of ethnicity and human rights violations during Kenya s multi-party era, and how this subsequently affected conflicts. This article begins by looking at the politicization of ethnicity during multi-party era and how such politics promoted ethnic based exclusion in Kenya. Subsequently, it analyzes ethnic-based exclusion as a violation of human right vis-à-vis the 2010 Kenyan Constitution and other international human rights instruments. The article then examines ethnic based exclusion and violations of human rights in Kenya, with an intention of demonstrating how lack of inclusivity negatively affects human rights and the vice versa. MATERIALS AND METHODS The study utilized descriptive research design where both primary and secondary data was utilized. The secondary data was gathered through library research where various journals and books were utilized, while the primary data was obtained through interviews administered to twenty people. Purposive sampling technique was used targeting experts on human rights, and later the data was analyzed qualitatively. Instrumentalist theory of ethnic conflicts which argues that conflict is inevitable when political elites mobilize people along ethnic lines for their own interests was utilized in this study. 2 This theory helped the researcher explain why there have been widespread violations of human rights and perennial ethnic-based conflicts in Kenya especially during elections. FINDINGS AND ANALYSIS For convenience of analysis, this section presents the findings of this study as follows: First, this section analysis politicized ethnicity in Kenya demonstrating how such politics have fueled ethnic based fragmentation and conflicts. Second, the idea of exclusion as a violation of human rights is discussed, illustrating how exclusion violates human rights both directly and indirectly, and how such exclusion subsequently promotes conflicts. Finally, the paper analyses exclusion and human rights violations in Kenya. Here, the article underscores how exclusion promotes human rights violations and the vice versa. Human rights violations are examine from two 1 Glinz, C. Kenya s New Constitutions: A Transforming Document or Less than Meets the Eye?, Law and Politics in Africa, Asia and Latin America, Vol. 44, No. 1 (2011), pp Gurr, T.R, Minorities, Nationalists, and Islamists: Managing Communal Conflict in the Twenty-first Century, A.C, Crocker et al, (ed), Leashing the Dogs of War, (Washington, D.C: United States Institute of Peace, 2007) pp Page 96

3 Volume-2 Issue-10, October-2017 perspectives: first is the violation of socio-economic rights and later is the violation of political rights and how these two subsequently affects conflicts. POLITICIZED ETHNICITY IN KENYA Though the re-introduction of multi-party politics was good for inclusive governance, it unintentionally fuelled ethnic consciousness, by encouraging the formation of numerous ethnic-based political parties. 3 This culminated in ethnic-based mobilizations which exacerbated inter-group competition and subsequently exclusion of opposition strongholds. Mueller argues that the re-introduction of this system of governance in 1991 promoted the rise of the winner takes all elections and antagonistic politics. Multi-party politics also led to legalization of political parties, release of political prisoners and opening of political space, a development that heightened elite fragmentation. The mushrooming of opposition parties in 1990s made the Moi regime quite vulnerable, prompting the regime to pursue state informalization characterized by the use of ethnic militia to maintain power. 4 State informalization and elite fragmentation promoted politicization of ethnicity, exclusion and subsequently conflicts. Chua argues that democratization encouraged the ethnic groups who were not in power to form opposition parties and others joined civil society organizations with an aim of dislodging the incumbent from power. In response, the incumbent adopted extra-legal means in order to protect its privileged positions, a development that promoted exclusion and later conflicts. For instance, during 2007 general elections, the market dominant Kikuyu elites, threatened by Kibaki defeat, orchestrated electoral malpractice and later conflicts in some parts of the country in order to protect their economic interests. 5 This further heightened inter-ethnic division that culminated in the 2007/08 post-election violence. Multi-party politics in Kenya resulted in the proliferation of ethnic based political parties devoid of a clear ideology and mostly enjoying ethnic support base. These parties often underscored ethnic unity instead of national unity, a development that has hindered democratic consolidation in the country. On the other hand, the politicization of ethnic identities which intensified with the introduction of multi-party system has destabilized parties and party system in the country. 6 All these developments have significantly contributed to a society characterized by weak ethnic based political parties that promotes lack of inclusivity. Politicization of ethnicity culminated in the formation of the following political parties: Forum for the Restoration of Democracy (FORD), which later divided into FORD-Kenya, representing Luo and Luhya interests and FORD- Asili for Kikuyu interests. Subsequently, National Development Party (NDP) emerged from FORD-Kenya with NDP representing Luo while FORD-Kenya remained largely with Luhya community. In late 1991, Democratic Party under Kibaki also emerged as a breakaway faction from KANU. Just like FORD, the leadership of DP differed, compelling Charity Ngilu to take over Social Democratic Party (SDP). 7 All these political parties 3 Holmquist, F and Githinji, M. The Default Politics of Ethnicity in Kenya, The Brown Journal of World Affairs, Vol. 16, No. 1 (2009), pp Branch, D. and Cheeseman, N, Democratization, Sequencing and State Failure in Africa: Lessons from Kenya, African Affairs, Vol. 108, No. 430 (Jan.,2009) pp Chua, A, World on Fire: How Exporting Free Democracy Breeds Ethnic Hatred and Global Instability, (Knopf, New York, N Y, 2004) pp Elischer, S, Do African Parties Contribute to Democracy? Some Findings from Kenya, Ghana and Nigeria, African Spectrum, Vol. 43, No. 2 (2008), pp Ibid, pp Page 97

4 represented ethnic interests and showed bias in favour of their communities, a situation that promoted lack of inclusivity and later intermittent conflicts in the country. Long and Gibson underscore politicization of ethnicity in Kenyan politics by pointing out that a candidate s ethnicity to a great extent influences voting patterns in Kenya. Therefore political elites often use ethnicity instead of political ideology to rally supporters as argued by the Instrumentalist theory. 8 Berman et al corroborates Long and Gibson s argument by pointing out that NARC government intensified ethnic mobilization and favouritism. They assert that Kibaki promoted lack of inclusivity by his skewed appointments to the cabinet and his failure to honour the Memorandum of Understanding (MoU) that provided for a post of executive Prime Minister. Thus, Liberal Democratic Party was systematically isolated from power contrary to the pre-election agreement. 9 This disintegrated NARC government into various factions, a move that intensified politicized ethnicity in the Kenyan politics. The fallout between Raila and Kibaki took Luo-Kikuyu dichotomy culminating in firing of Luo ministers and colleagues, a development that further heightened negative ethnicity in Kenya. 10 One respondent while demonstrating the impact of ethnicity on politics pointed out that negative ethnicity plays a significant role in shaping voting patterns thus determines the outcome of presidential elections. This is because political mobilization is purely based on ethnic identity. This makes it difficult for a candidate from the minority ethnic groups to succeed in national politics since coalitions are built based on ethnic arithmetic. He further asserted that once an ethnic group produces an influential politician like the president, the co-ethnics are likely to benefit more from the government appointments to key ministries and other senior public jobs. 11 President Kibaki, just like his predecessors monopolized power and politicized ethnicity, further worsening the already fragile Kenyan society. His appointees to senior government offices were skewed favouring GEMA communities, a development that aggravated ethnic polarization and lose of the popularity to his administration as demonstrated in 2005 referendum on the proposed constitution and 2007 general elections, which provoked postelection skirmishes. A critical analysis of this and other previous skirmishes in Kenya reveals that politicization of ethnicity and manipulation of electoral process promotes exclusion and exacerbate conflicts. The anti Luo politics especially from Mt. Kenya region which seeks to deter them from getting presidency was prevalent during President Moi era, particularly after the introduction of multi-party politics. These politics were also evident in 2007 and 2013 general elections when Raila Odinga lost to President Mwai Kibaki and Uhuru Kenyatta respectively in controversial elections. Such politics, which have been used to exclude some ethnic groups from power, has been exacerbated by primordial sentiments and stereotypes as pointed out by Opondo. In addition, ethnic politics have flourished in Kenya due to weak institutions of governance, which are unable to hold political elites accountable. 8 Long, J.D and Gibson, C.C, Evaluating the Roles of Ethnicity and Performance in African Elections: Evidence from an Exit Poll in Kenya, Political Research Quarterly, Vol. 68, No. 4 (Dec., 2015), pp Berman, B.J et al, Patrons, Clients, and Constitutions: Ethnicity, Politics and Political Reforms in Kenya, Canadian Journal of African Studies, Vol. 43, No. 3 (2009), pp Opondo, P.A, Ethnic Politics and Post-election violence of 2007/08 in Kenya, African Journal of History and culture, Vol. 6, No. 4 (2014) pp Interview with a Lecturer, United States International University (USIU), 10 th February Page 98

5 Volume-2 Issue-10, October-2017 The widespread politicized ethnicity in Kenya is both a symptom and a consequence of poor governance in the country. This is because politicized ethnicity promotes ethnic mobilizations by political elites who underscore usthem dichotomy, hence creating ethnic fragmentation which promotes ethnic based exclusion. This intensifies discontent among the marginalized groups, hence provoking them to rebel or engage in criminal activities which sometimes include fighting the government. Politicized ethnicity thrives where there are weak institutions of governance, weak party systems with no clear ideologies and in environment characterized by high levels of corruption and negative ethnicity. EXCLUSION AS A VIOLATION OF HUMAN RIGHTS Politicized ethnicity results in ethnic based exclusion which violates human rights both directly and indirectly. Exclusion directly violates human rights by contravening provisions of human rights instruments which advocate for inclusivity. The United Nations Minorities Declaration for instance requires all individuals, including the minorities to be involved in decision making and their interests to be taken into account in national planning. This right is however directly violated in an environment of exclusion since the marginalized group(s) are neither involved in decision making nor are their interests taken into account in planning. This subsequently provokes discontentment as the excluded groups compare themselves with the other groups who are considered privileged. Furthermore, lack of inclusivity directly violates human rights by contravening article 27(4) of the 2010 Kenyan Constitution. This article gives every person the right to equal opportunities and treatment by asserting that no person should be discriminated based on any ground including sex, race, marital status, ethnic or social origins, religion, culture, belief or conscience. 12 The Constitution further gives every person equal protection, equal benefits of the law, and equal opportunities in economic, social, political and cultural spheres. 13 Thus, it is a constitutional right of every Kenyan not to be excluded for whatever reasons. This argument was corroborated by 30 per cent of the respondents who observed that ethnic based exclusion is itself a form of human rights violation since it contravenes the 2010 Constitution. Conversely, lack of inclusivity indirectly violates human rights by presenting situations that hinder individuals from enjoying other rights. For instance, it indirectly fuels human rights violations by heightening poverty levels among the excluded ethno-regions. Though poverty may not be considered as a violation of human rights per se, it leads to the non-realization of other human rights provided for in the international human rights instruments. 14 For instance, poverty makes the affected individuals unable to afford basic human needs/rights such as education, health and even food. This argument has been underscored by United Nations Commission on Human rights, which states that extreme poverty affects human rights. Equally, the violation of human rights leads to poverty which in turn makes individuals unable to attain other rights, a situation that later results into exclusion of the affected groups. 90 per cent of the respondents asserted that lack of inclusivity often degenerate into violations of human rights and the vice versa. They argued that lack of inclusivity compromises social and economic rights of the excluded groups, which negatively affects Political rights. African Charter on Peoples and Human Rights (ACPHR) underscores this argument by observing that lack of inclusivity violates human rights since it hinders the social, Constitution Chapter 4, 27(4) 13 Ibid, Chapter 4, 27(1), (3) 14 Sengupta, A. Extreme Poverty and Human Rights: A Case Study of the United States of America, The Bangladesh Development Studies, Vol. 33, No. 1/2 (March 2010), pp Page 99

6 economic and cultural development of the affected people. ACPHR recognizes the right to cultural development and equal enjoyment of the common heritage by all mankind. Ashamu further observes that to promote human rights, development should be equitable, participatory, non-discriminatory and transparent. 15 This article therefore argues that exclusion indirectly violates human rights; hence there is a need for equitable and participatory development. Exclusion also indirectly violates human rights by denying people services such as security and other opportunities that help them have a life of value. 16 This negatively affects the dignity of the excluded group as pointed out by Blau who argues that all the seven international human rights instruments underscore that human beings are entitled to human dignity and security. 17 Human dignity is further highlighted by article 19 (2) of the Kenyan Constitution which states that human rights and fundamental freedoms must be protected in order to preserve the dignity of both the individual and communities and enable them realize their full potential. 18 This article asserts that exclusion negatively affects the dignity of the excluded groups, thus preventing them from achieving their full potential. The concerns of human rights cover a wide range of issues including political processes such as democracy, conflict resolution and leader s accountability. An environment characterized by ethnic-based exclusion negatively affects these political processes, thus indirectly affecting human rights. 19 For instance, democracy and conflict resolution cannot be consolidated in a society that promotes exclusion. Furthermore, leader s accountability is critical in reducing the prospect of human rights violations. This article therefore argues that democracy, conflict resolution and accountability which are cardinal concerns of human rights cannot be realized where there is lack of inclusivity. This argument was supported by 85 per cent of the respondents who argued that exclusion, abuse of human rights and conflicts are inseparable. They asserted that exclusion promotes conflict which leads to abuse of human rights and vice versa. For instance, conflicts are characterized by killings, sexual abuse, maiming, deprived economic opportunities, torture and forced displacement. Furthermore, these respondents pointed out that during times of conflicts, fundamental freedoms such as freedom of movement, speech and association are curtailed. This breeds suspicion, mistrust, feelings of deprivations and negligence of the rule of law, a development that sparks more conflicts. Lack of inclusivity also indirectly violates human rights by disempowering the excluded groups making them unable to access justice. 20 This is because where there is ethnic based exclusion, individuals and communities are denied their cultural, social and economic rights, making them vulnerable and poor. Subsequently, this makes them unable to demand for their civil and political rights or simply unable to access justice. This article argues 15 Ashamu, E. Center for Minority Rights Development (Kenya) and Minority Rights Groups International on Behalf of Endorois Welfare Council V Kenya: A Landmark Decision from the African Commission, Journal of African Law, Vol. 55, No. 2 (2011), pp Sengupta, A. Human Rights and Extreme Poverty, Economic and Political Weekly, Vol. 45, No. 17 (April, 2010), pp Blau, J et al, It Ought to be a Crime: Criminalizing Human Rights Violations, Sociological Forum, Vol. 22, No. 3 (Sep., 2007), pp Constitution of Kenya, Chapter 4, 19(2) 19 Cardenas, S. Mainstreaming Human Rights: Publishing Trends in Political Science, Political Science and Politics, Vol. 42, No. 1, (Jan., 2009), pp Kumar, R. National Human Rights Institutions and Economic, Social and Cultural Rights: Towards the Institutionalization and Developmentalization of Human Rights, Human Rights Quarterly, Vol. 28, No. 3, (Aug., 2006), pp Page 100

7 Volume-2 Issue-10, October-2017 that it is impossible to have a meaningful access to justice when economic, social and cultural rights are violated. Subsequently, these rights cannot be realized when there is lack of inclusivity. Habermas observes that ethnic based exclusion culminates into a lot of suffering of the excluded groups. This makes them lose interest in pursuing their political rights since such rights only makes sense when supplemented by socio-economic rights. 21 This depicts that exclusion is not only a violation of human rights but it is also a bondage that makes the affected population lose interest in pursuing human rights especially civil and political rights. This is perhaps the reason why in some ethno-regions in Kenya, residents do not take voting seriously since they do not see the need to vote. Williams corroborates this argument by underscoring the utility of human rights-based models of development which are based on accountability, non-discrimination and the rule of law. 22 Griffin observes that lack of inclusivity oppresses the affected group, compelling them to accept their inferior position due to the unfair treatment by the oppressors. This creates obstacles that limit the progress of the oppressed due to the prevailing structural violence as argued by Johan Galtung. 23 This indicates that lack of inclusivity in any society indirectly violates human rights by denying the excluded group their ability to achieve their full potential, thus provoking conflict as argued by the theory of relative deprivation. In summary, lack of inclusivity in any society directly and indirectly affects human rights, a development that subsequently leads to conflict especially when such violations are politicized. EXCLUSION AND HUMAN RIGHTS VIOLATIONS IN KENYA The widespread ethnic-based exclusion, due to politicized ethnicity, has played a significant role in promoting human rights violations in Kenya. It has made it difficult for individuals from some ethno-regions to enjoy socioeconomic rights. 24 The right to education for instance is not equitably accessible to various ethno-regions when evaluated in terms of the ratio of school enrollment. 25 Central region enjoy this right more compared to other regions, while North Eastern region least enjoy this right. The access to safe drinking water, adequate education facilities and teacher-pupil ratio which enhances the right to education also favours Central at the expense of North-Eastern region in Kenya. 26 In addition, though the right to health care is an entitlement to every citizen as highlighted by various human rights instruments including the Kenyan Constitution, the access to this right are highly skewed in Kenya. 70 per cent of the respondents pointed out that the abuse of individual s social rights exacerbates conflicts. They argued that abuse of social rights leads to increased sense of discrimination, tribal animosity, disillusionment of the affected group, and ethnic polarization. This situation easily degenerates into protests which graduate into organized conflicts, leading to the destruction of properties and loss of lives. Such situations in turn cause political apathy and a desire for revenge, thus leading to a vicious cycle of violence and human rights violations. 21 Habermas, J. The Concept of Human Dignity and The Realistic Utopia of Human Rights, Metaphilosophy, Vol. 41, No. 4 (July., 2010), pp Williams, C. The Post-2015 Development Agenda, Human Rights, Evidence and Open-Access Publishing, Health and Human Rights, Vol. 15, No. 2 (Dec., 2013), pp Griffin, J. Human Rights: Questions of Aim and Approach, Ethics, Vol. 120, No. 4 (July., 2010), pp : Kalantry, S. et al, Enhancing Enforcement of Economic, Social and Cultural Rights Using Indicators: A Focus on the Right to Education in the ICESCR, Human Rights Quarterly, Vol. 32, No. 2 (May., 2010), pp Ibid, pp Oanda, I. O, and Jowi, J. University Expansion and the Challenges to Social Development in Kenya: Dilemmas and Pitfalls, Journal of Higher Education in Africa, Vol. 10, No. 1 (2012), pp Page 101

8 Munn argues that the violations of economic and social rights in Kenya as evidenced in poor housing, high levels of illiteracy, insecurity, poor health status and low incomes in some ethno-regions has led to social exclusion of the affected groups. These violations as observed by one respondent culminated into intermittent conflicts. 27 This is because the violations of social and economic rights led to exclusion and the vice versa, a development that created a favourable environment for the escalation of conflict. 28 Bagaka underscores this argument by asserting that negative ethnicity within the Kenyan politics has resulted in lack of inclusivity and regional disparities. He argues that regional disparities in terms of access to education, employment, and infrastructure development have heightened poverty and popular discontent in the affected ethno-regions, thus provoking conflicts. 29 The prima facie evidence presented in this article reveals that ethnic based exclusion also violates political rights. Lack of inclusivity, ethnocentrism and political patronage has created a sense of disillusionment and alienation among the excluded groups in Kenya. Therefore Kenya s political system, which often rewards cronies and sycophants, has exacerbated the violations of human rights, further fueling popular dissent. 30 This confirms the theoretical underpinnings of this study which observes that frustrations and aggression are common when an ethnic group(s) feels relatively deprived compared to another group considered privileged, a situation that often provokes conflicts. 45 per cent of the respondents observed that lack of inclusivity limits individuals from the disadvantaged groups from developing their political careers. They also asserted that exclusion discourages the affected groups from exercising their Political rights like voting. President Moi s regime for instance used privatized state violence to crash the opposition, thus worsening human rights violations. This fueled ethnic based conflicts especially in Rift Valley as Kalenjin militias carried out atrocities that targeted perceived opposition elements, especially Kikuyu and Luo ethnic groups. In a clandestine manner, Moi regime weakened the opposition through exclusion and the use of militias which frequently attacked ethnic groups aligned to the opposition. Furthermore, Moi regime incited ethnic violence in order to prove to the world that multi-party politics was not suitable for the country. 31 Adar and Munyae observe that Moi opposed the idea of human rights since he considered it alien, Eurocentric and inconsistent with African values. 32 As a result, his administration curtailed the freedoms of assembly, press, expression, association and movement as thugs were sometimes used to disrupt opposition rallies. During this era, lack of inclusivity and the persecution of the opposition culminated in serious violations of political rights. The executive s interference with the separation of power allowed Moi regime to further violate human rights through unlawful arrest and torture. The arrests of the MPs above all violated the citizen s right to representation. In 1992 and 1997 general elections, voter s rights were violated since in some areas like Rift Valley and Coast, voters were denied their rights to vote purportedly because their names were not in the voter s register. This was underscored by one respondent who observed that during this time, it was very difficult for some ethnic groups to get Identity Cards (ID) and voter s cards, thus denying them their right to vote Interview with Senior Security officer, 6 th February Munn, P. and Lloyd, G. Exclusion and Excluded Pupils, British Educational Research Journal, Vol. 34, No. 2 (Apr 2005), pp Bagaka, O. Parades of Reforms and the Quest for Social Equity: The Kenyan Case, Administrative Theory and Praxis, Vol. 31, No. 2 (Jun., 2009), pp Mbondenyi, M. K. Entrenching the Right to Participate in Government in Kenya s Constitutional Order: Some variable lessons from the African Charter on Human and People s Rights, Journal of African Law, Vol. 55, No. 1 (2011), pp Ibid, Adar, K. G. and Munyae, I. M. Human Rights Abuse in Kenya Under Daniel Arap Moi, , African Studies Quarterly, Vo. 5, No. 1 (2001), pp Interview with a Senior Security Officer, 7 th February, Page 102

9 Volume-2 Issue-10, October-2017 Though promotion of human rights has been enhanced during Kibaki administration, electorates were denied the right to a free and fair election in 2007 general elections, thus triggering the post-election violence. Klopp argues that both Orange Democratic Movement (ODM) and the Party of National Unity (PNU) manipulated the electoral process, leading to the disputed results. 34 After the 2007/08 post-election violence broke out, human rights violations intensified, with both sides of political divide supporting armed militia to cause violence. Klopp asserts that some senior officials from both PNU and ODM leadership supported armed militias, which caused a lot of atrocities among innocent Kenyans in various ethno-regions. 35 The mobilized ethnic militias violated the rights of many Kenyans, a development that further heightened ethnic polarization and hatred. In both Moi and Kibaki administrations, ethnicity remained the cardinal factor that determined voting in Kenya. 36 Thus, ethnic based political mobilization which led to bloc voting and ethnic based coalitions flourished, hence violating political rights enshrined in the 2010 Constitution. Ethnic bloc voting compels some individuals, perhaps with a better political opinion to join the popular party in their region. This violates Article 38 (1) (c) of the Kenyan Constitution which states that every citizen has a right to campaign for a political party of his/her choice. In addition, ethnic mobilizations fuels impunity where sometimes the winner in party primaries is denied party ticket and instead given to the one the party prefers. 37 The popular candidates end up losing during the elections if he joins another party to contest for the same seat since voting is based on ethnic-party affiliations. This denies the popular candidates the right to hold office as provided for by Article 38 (3) of the Kenyan Constitution. RECOMMENDATIONS This paper makes the following recommendations based on the findings of this study. First, this study illustrates that politicized ethnicity promotes ethnic based exclusion which leads to the violations of human rights. The article further points out that politicized ethnicity is both a symptom and a consequence of poor governance. This article therefore argues that to address politicized ethnicity, there is a need to promote good governance. This article considers good governance from three perspectives: First, good governance should involve strong institutions which are not only able to hold leaders accountable, but are also able to punish impunity. Institutions such as Judiciary, Directorate of Public Prosecution (DPP), Ethics and Anti Corruption Commission (EACC) that fights corruption, National Police Service (NPS) and Independent Electoral and Boundaries Commission (IEBC) which manages elections among others should be strengthened to work independently without undue influence from the political elites. Besides strengthening institutions, good governance should involve the need to promote ideology based politics as opposed to ethnic based politics. This can be done by strengthening the party systems and requiring all political parties to represent the face of the country, Kenya before they are registered. Demonstrating the face of Kenya here means having representatives from at least most of the ethnic groups in Kenya. Such a move would ensure that most political parties would be national in character and would play a significant role in promoting national cohesion in the country. In addition, inter-ethnic marriages should be encouraged as this would help in 34 Klopp, J.M. Kenya s Unfinished Agendas, Journal of International Affairs, Vol. 62, No. 2 (2009), pp Ibid, Berman, B.J, Ethnic Politics and the Making and Unmaking of Constitutions in Africa, Canadian Journal of African Studies, Vol. 43, No. 3 (2009), pp Eifert, B. et al, Political Competition and Ethnic Identification in Africa, American Journal of Political Science, Vol. 54, No. 2, (April.,2010), pp Page 103

10 minimizing negative ethnicity and subsequently politicized ethnicity in Kenya. Finally, there is a need to make tribe irrelevant when distributing resources by promoting equity in resource distribution. The third aspect of good governance this article underscores is the need to have competent and morally upright leaders. The Kenyan politics is today flooded by morally bankrupt leaders who seek their economic and political interest at the expense of the needs of citizens. Competent and morally upright leaders would play a critical role in enhancing professionalism, integrity and stewardship in their leadership, a development that would be so vital in enhancing good governance. CONCLUSION This article demonstrates that the re-introduction of the multi-party system unintentionally promoted ethnic based politics, subsequently heightening exclusion. This negatively affected the rights of the excluded group, making conflict inevitable. The article depicts that exclusion, which emanates from ethnic based politics violates human rights both directly and indirectly. It violates human rights directly by contravening the provisions of both the international and the domestic laws. Conversely, exclusion indirectly violates human rights by presenting situations such as extreme poverty that makes it difficult for one to enjoy other rights. The article further demonstrates that ethnic exclusion violates both socio-economic and political rights in Kenya. Thus, this article asserts that promotion of human rights and inclusivity is cardinal in fomenting long term stability. 38 This is because promotion and protection of human rights creates conducive environment for long term peace. This article generally illustrates that politicized ethnicity is both a symptom and a consequence of poor governance. The article therefore underscores the need to promote good governance that would ensure inclusivity, protection of human rights and peaceful resolution of conflicts. References Adar, K. G. and Munyae, I. M. Human Rights Abuse in Kenya Under Daniel Arap Moi, , African Studies Quarterly, Vo. 5, No. 1 (2001) Ashamu, E. Center for Minority Rights Development (Kenya) and Minority Rights Groups International on Behalf of Endorois Welfare Council V Kenya: A Landmark Decision from the African Commission, Journal of African Law, Vol. 55, No. 2 (2011) Bagaka, O. Parades of Reforms and the Quest for Social Equity: The Kenyan Case, Administrative Theory and Praxis, Vol. 31, No. 2 (Jun., 2009) Berman, B.J et al, Patrons, Clients, and Constitutions: Ethnicity, Politics and Political Reforms in Kenya, Canadian Journal of African Studies, Vol. 43, No. 3 (2009) Berman, B.J, Ethnic Politics and the Making and Unmaking of Constitutions in Africa, Canadian Journal of African Studies, Vol. 43, No. 3 (2009) 38 Hannum, H. Human rights in Conflict Resolution: The Role of the Office of the High Commissioner for Human Rights in UN Peacemaking and Peace building, Human Rights Quarterly, Vol. 28, No. 1 (Feb., 2006), pp Page 104

11 Volume-2 Issue-10, October-2017 Blau, J et al, It Ought to be a Crime: Criminalizing Human Rights Violations, Sociological Forum, Vol. 22, No. 3 (Sep., 2007) Branch, D. and Cheeseman, N, Democratization, Sequencing and State Failure in Africa: Lessons from Kenya, African Affairs, Vol. 108, No. 430 (Jan.,2009) Cardenas, S. Mainstreaming Human Rights: Publishing Trends in Political Science, Political Science and Politics, Vol. 42, No. 1, (Jan., 2009) Chua, A, World on Fire: How Exporting Free Democracy Breeds Ethnic Hatred and Global Instability, (Knopf, New York, N Y, 2004) Eifert, B. et al, Political Competition and Ethnic Identification in Africa, American Journal of Political Science, Vol. 54, No. 2, (April.,2010) Elischer, S, Do African Parties Contribute to Democracy? Some Findings from Kenya, Ghana and Nigeria, African Spectrum, Vol. 43, No. 2 (2008) Glinz, C. Kenya s New Constitutions: A Transforming Document or Less than Meets the Eye? Law and Politics in Africa, Asia and Latin America, Vol. 44, No. 1 (2011) Griffin, J. Human Rights: Questions of Aim and Approach, Ethics, Vol. 120, No. 4 (July., 2010) Gurr, T.R, Minorities, Nationalists, and Islamists: Managing Communal Conflict in the Twentyfirst Century, A.C, Crocker et al, (ed), Leashing the Dogs of War, (Washington, D.C: United States Institute of Peace, 2007) Habermas, J. The Concept of Human Dignity and The Realistic Utopia of Human Rights, Metaphilosophy, Vol. 41, No. 4 (July., 2010) Hannum, H. Human rights in Conflict Resolution: The Role of the Office of the High Commissioner for Human Rights in UN Peacemaking and Peace building, Human Rights Quarterly, Vol. 28, No. 1 (Feb., 2006) Holmquist, F and Githinji, M. The Default Politics of Ethnicity in Kenya, The Brown Journal of World Affairs, Vol. 16, No. 1 (2009) Kalantry, S. et al, Enhancing Enforcement of Economic, Social and Cultural Rights Using Indicators: A Focus on the Right to Education in the ICESCR, Human Rights Quarterly, Vol. 32, No. 2 (May., 2010) Klopp, J.M. Kenya s Unfinished Agendas, Journal of International Affairs, Vol. 62, No. 2 (2009) Kumar, R. National Human Rights Institutions and Economic, Social and Cultural Rights: Towards the Institutionalization and Developmentalization of Human Rights, Human Rights Quarterly, Vol. 28, No. 3, (Aug., 2006) Long, J.D and Gibson, C.C, Evaluating the Roles of Ethnicity and Performance in African Elections: Evidence from an Exit Poll in Kenya, Political Research Quarterly, Vol. 68, No. 4 (Dec., 2015) Page 105

12 Mbondenyi, M. K. Entrenching the Right to Participate in Government in Kenya s Constitutional Order: Some variable lessons from the African Charter on Human and People s Rights, Journal of African Law, Vol. 55, No. 1 (2011) Munn, P. and Lloyd, G. Exclusion and Excluded Pupils, British Educational Research Journal, Vol. 34, No. 2 (Apr 2005) Oanda, I. O, and Jowi, J. University Expansion and the Challenges to Social Development in Kenya: Dilemmas and Pitfalls, Journal of Higher Education in Africa, Vol. 10, No. 1 (2012) Opondo, P.A, Ethnic Politics and Post-election violence of 2007/08 in Kenya, African Journal of History and culture, Vol. 6, No. 4 (2014) Sengupta, A. Extreme Poverty and Human Rights: A Case Study of the United States of America, The Bangladesh Development Studies, Vol. 33, No. 1/2 (March 2010) Sengupta, A. Human Rights and Extreme Poverty, Economic and Political Weekly, Vol. 45, No. 17 (April, 2010) Williams, C. The Post-2015 Development Agenda, Human Rights, Evidence and Open-Access Publishing, Health and Human Rights, Vol. 15, No. 2 (Dec., 2013) Authors Biography Mr. Samuel Mwiti Njagi: is currently a PhD candidate at the Institute of Diplomacy and International Studies, University of Nairobi and works as a security analyst. He has a Masters degree in International Conflict Management and a post-graduate diploma in Strategic and Security studies, both from University of Nairobi. Prof. Maria Nzomo: Is a professor of International Studies and Governance at the University of Nairobi. Nzomo has served the Kenyan government as an ambassador in various foreign stations, and currently, she is the Director of the Institute of Diplomacy and International Studies at the University of Nairobi. She has published widely in the areas of International Relations, conflicts and Diplomacy. Dr. Martin Ouma: Has a PhD in International Studies, and is currently a lecturer at the University of Nairobi, Institute of Diplomacy and International Studies. In his twelve years of experience, he has published widely in the areas of International Security and Social academic research. Page 106