The 5 Criteria
Each criterion is scored 0-3. Maximum total = 15 points. Recognition threshold: ≥8 total AND ≥3 criteria ≥2.
Population Size / Demography
Constitutional Basis: Article 260
What This Criterion Assesses
Numerical minority status, population trends (shrinking/growing), age structure, and demographic vulnerability.
Evidence Sources
- KNBS census tables
- Community registers
- Demographic surveys
- Administrative records
- Academic demographic studies
Scoring Rubric
Geographic Isolation / Marginalisation
Constitutional Basis: Article 56(e), Article 174(f)
What This Criterion Assesses
Physical remoteness, travel time to basic services, road density, network coverage, infrastructure access.
Evidence Sources
- Maps showing community location
- Travel-time analysis to clinics/schools
- Network coverage data
- Road density data
- Government service accessibility reports
- Photos of terrain/infrastructure
Scoring Rubric
Cultural and Linguistic Distinctiveness
Constitutional Basis: Article 44
What This Criterion Assesses
Language vitality, cultural uniqueness, traditional governance, indigenous identity, risk of cultural erosion.
Evidence Sources
- UNESCO language vitality assessments
- Ethnographic reports
- Cultural inventories
- Academic papers on linguistic/cultural heritage
- Documentation of traditional governance structures
- Community cultural practices documentation
Scoring Rubric
Historical Exclusion / Dispossession
Constitutional Basis: Article 27(6), Article 56
What This Criterion Assesses
Documented historical injustices, land dispossession, political exclusion, forced displacement, unimplemented court orders, colonial and post-independence discrimination.
Evidence Sources
- Archival records
- Colonial and post-independence government gazettes
- Court rulings
- Tribunal decisions
- Historical petitions
- Academic historical research
- Truth, Justice and Reconciliation Commission reports
Scoring Rubric
Socio-Economic Disadvantage
Constitutional Basis: Article 43
What This Criterion Assesses
Poverty rates, education access, health outcomes, food security, employment rates, housing conditions, access to basic services.
Evidence Sources
- KNBS data
- Kenya Integrated Household Budget Survey (KIHBS)
- County government administrative data
- Health facility records
- School enrollment data
- Employment statistics
Scoring Rubric
Recognition Threshold (Constitutional Safeguard)
A community is RECOGNISED only if BOTH of the following conditions are met:
This dual threshold prevents recognition based on a single strong criterion and ensures diverse pathways to qualification while maintaining constitutional rigor. It allows for different marginalisation profiles (e.g., a very isolated + culturally distinct + historically excluded community can qualify even with a slightly larger population).