An Appraisal of the Efficacy of the National Cohesion and Integration Commission in Kenya

Abstract

As stated in vision 2030, National Cohesion and Integration Commission (NCIC) and other commissions are critical to achieving diversity and building a strong and cohesive national character therefore this study appraises the efficacy of the NCIC in Kenya. It argues that although NCIC is established to foster national cohesion and fight all forms of ethnic discrimination and ensure that there’s a coexistence of ethnic groups in peace and harmony nevertheless, NCIC continues to face implementation challenges because of the duplication of roles and overlapping functions between the NCIC, constitutional commissions and independent offices, and state agencies. The paper relies on critical legal theory and intersectionality theory to demonstrate that the intersections between gender, ethnicity, race, and culture among others have resulted in the overlaps in the roles between NCIC and related institutions and agencies such as Ethics and Anti- Corruption Commission (EACC), Communications Authority of Kenya (CA), National Land Commission (NLC), Kenya National Commission on Human Rights (KNCHR), National Gender and Equality Commission (NGEC), Officer of Director of Public Prosecution (ODPP), Officer of Registrar of Political Parties (ORPP), and National Police Service Commission (NPSC) among others thus constantly undermining the seamless coordination toward the pursuit of the country’s strategic goals of moving to the future as one nation. The paper employs doctrinal research methodology to explore the history, successes, challenges, and opportunities of the commission. It also evaluates the overlaps in the roles of NCIC and related commissions, independent offices, and state agencies as an impediment to achieving its mandate. Reviewing case law, the historical development of NCIC, and its legislative framework, demonstrates that NCIC is an important institution but there exist an overlap and duplication in its......................................