Powers ( Full )

Powers of the Commission

Without prejudice the Commission shall:

  1. Promote the elimination of all forms of discrimination on the basis of ethnicity or race;
  2. Discourage persons, institutions, political parties and associations from advocating or promoting discrimination or discriminatory practices on the ground of ethnicity or race;
  3. 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;
  4. 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;
  5. Promote respect for religious, cultural, linguistic and other forms of diversity in a plural society;
  6. 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;
  7. Promote arbitration, conciliation, mediation and similar forms of dispute resolution mechanisms in order to secure and enhance ethnic and racial harmony and peace;
  8. 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;
  9. Investigate on its own accord or on request from any institution, office, or person any issue affecting ethnic and racial relations;
  10. Identify and analyze factors inhibiting the attainment of harmonious relations between ethnic communities, particularly barriers to the participation of any ethnic community in social, economic, commercial, financial, cultural and political endeavors, and recommend to the Government and any other relevant public or private body how these factors should be overcome;
  11. Determine strategic priorities in all the socio-economic, political and development policies of the Government impacting on ethnic relations and advise on their implementation;
  12. 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;
  13. Monitor and review all legislation and all administrative acts relating to or having implications for ethnic or race relations and equal opportunities and, from time to time, prepare and submit to the Government proposals for revision of such legislation and administrative acts;
  14. Initiate, lobby for and advocate for policy, legal or administrative reforms on issues affecting ethnic relations;
  15. Monitor and make recommendations to the Government and other relevant public and private sector bodies on factors inhibiting the development of harmonious relations between ethnic groups and on barriers to the participation of all ethnic groups in the social, economic, commercial, financial, cultural and political life of the people;
  16. Undertake research and studies and make recommendations to the Government on any issue relating to ethnic affairs including whether ethnic relations are improving;
    (q) Make recommendations on penalties to be imposed on any person for any breach of the provisions of the Constitution or of any law dealing with ethnicity;
    (r) Monitor and report to the National Assembly the status and success of implementation of its recommendations;
  17. Issue notices directing persons or institutions involved in actions or conduct amounting to violations of human rights on the basis of ethnicity or race to stop such actions or conduct within a given period and; do all other acts and things as may be necessary to facilitate the efficient discharge of its functions.

In the discharge of its functions under this Act, the Commission:

  1. Shall not be subject to the direction or control of any other person or authority.
  2. Shall publish the names of persons or institutions whose words or conduct may undermine or have undermined or contributed towards undermining good ethnic relations, or who are involved in ethnic discrimination or the propagation of ethnic hate.
  3. May enter into association with such other bodies or organizations within or outside Kenya as it may consider desirable or appropriate, and in furtherance of the purpose for which the Commission is established.
  4. The Commission shall have power to summon witnesses and to call for the production of books, plans and other documents and to examine witnesses and parties on oath.

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