228. Article 44 provides for the right of every person to use the language of the person’s choice and to participate in their cultural life as echoed in the preamble to the Constitution that ‘We, the people of Kenya PROUD of our ethnic, cultural and religious diversity, and determined to live in peace and unity as one indivisible sovereign nation’ adopt, enact and give this Constitution to ourselves and to our future generations. 229. Article 19(1) of the Constitution provides that the Bill of Rights is an integral part of Kenya’s democratic state and is the framework for social, economic and cultural policies. Article 27(3) provides that women and men have equal right to equal treatment, including the right to equal opportunities in political, economic, cultural and social spheres. Article 174 (d) recognises the right of communities to manage their own affairs and to further their development; (e) to protect and promote the interests and rights of minorities and marginalised communities. 230. Other legislative measures that have been under taken to give effect to the right to take part in cultural life in Kenya include: a) Draft Kenya Languages Bill b) Enactment of the Kenya National Commission for UNESCO Act safeguarding the intangible cultural heritage and promotion and preservation of the diversities of cultural expression c) National Museums and Heritage Act Cap 216, Laws of Kenya d) Kenya Cultural Centre Act, Cap 218 , Laws of Kenya e) Draft Kenya National Music Policy Policy and administrative measures giving effect to the right to take part in cultural life 231. In Kenya, recognition of the distinct ethnic groups is an important part of any people’s cultural determination. The Government recognises this and during the 2009 Census which was made operational under the banner of “Nipo! Natambulika!” (Loosely translated as ‘I am here, I am recognised’), provided for individuals to determine and state their preferred identification of ethnic affiliation. Previously unidentified small ethnic groups including the Yaaku, Nubians, Ilchamus and Sakuye communities were captured in the census as such. The choice to self-identification also included a category of individuals who were opposed to being identified as affiliated to any ethnic group. These were given the option of being captured as just ‘Kenyan’. 232. At the policy level, the National Policy on Culture and Heritage has been developed. The Policy operationalises the Constitutional recognition of Kiswahili as an official language. Kiswahili has been a national language and its recognition as an official language will significantly enhance access to official documents and therefore access to information to Kenyans who would otherwise have been excluded. Further, under Article 7, the State is enjoined to promote the diversity and the languages of the people of Kenya, including use of Kenya Sign language, Braille and other communication formats. 233. Schedule 4 of the Constitution also requires county governments to recognize and promote the role of culture in governance and development in the counties. The Government through the Kenya Copyright Board is developing a bill to protect traditional knowledge and traditional cultural expression and the question of copyright and scientific research. 51

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