Our Reporter, Baraton University — Kenya is gradually looking to Uganda for lessons on establishing a legal framework for the recognition and formalisation of cultural leadership, according to Hon. Steven Masiga, spokesperson for the Bamasaba people.
Masiga, a cultural spokesperson, legal scholar and historian, told this publication that he has observed growing interest among Kenyan clan structures in Uganda’s legal framework governing cultural institutions.
“I have been to Kenya silently studying the thinking of the clan chairmen, and I know what they are up to. They are silently studying the Ugandan law on Buguka, and very soon Kenya will have its own cultural leaders gazetted and funded by government,” Masiga said.
He pointed to recent cultural activities involving Kenyan communities as evidence of what he described as a growing recognition of traditional leadership and cultural institutions.
Masiga cited Kenyan President William Ruto’s recent participation in a traditional family ceremony involving his daughter, where he was surrounded by Kalenjin and Nandi elders, as an example of the continued importance of cultural institutions in Kenyan society.
He said Kenya’s Constitution does not explicitly provide for the gazettement of cultural leaders in the same manner as Uganda, but argued that Article 11, which recognises and protects culture, provides room for communities to preserve and promote their cultural heritage.
He also referred to Articles 117, 118 and 119 of the East African Community Treaty and related protocols, saying they provide a regional context for cultural cooperation and preservation.
Masiga said he had also observed growing interest among the Babukusu clan chairpersons in understanding Uganda’s legal framework for cultural leadership.
The Babukusu and the wider Luhya communities in Kenya have extensive cultural links with the Bamasaba of Uganda and are regarded by Masiga as part of a broader cultural family.
He said Kenyan communities seeking to formalise cultural leadership would need to engage both county governments and the National Assembly to develop an appropriate legal framework.
“With Kenya about to undergo national elections, communities can bring such demands to politicians and seek their support for legislation recognising and protecting cultural institutions,” he said.
Masiga also pointed to recent cultural activities among the Kalenjin communities, noting that the King of Sebei, His Highness Peter Swilke, had participated in the installation of clan chairpersons in several Kalenjin communities in President Ruto’s home region.
According to Masiga, such developments demonstrate the continued role of traditional structures in community organisation and cultural preservation.
Masiga said he sees no problem with communities seeking legal frameworks to support and preserve their cultures, provided the process is handled within the law.
“As a cultural spokesperson, legal scholar and historian, I see no harm in supporting communities that want to have a legal framework in order to support and preserve their culture,” he said.
He added that he had been contacted by several communities seeking guidance on how to have their cultural leaders formally recognised and said he had continued to offer advice.
In Uganda, Masiga said several communities are seeking government recognition of their cultural leaders, including Sebei, Chope, Bugwere and Bunyole.
He encouraged such communities to work closely with local governments and other stakeholders because local government resolutions may be required to support applications for formal recognition, particularly in areas where no cultural leader has previously been gazetted.
Masiga noted that Kenya has 47 counties and suggested that communities could develop cultural leadership structures based on their historical and cultural relationships rather than strictly following county boundaries.
He cited Trans Nzoia and Bungoma counties as an example, arguing that communities in the two areas share similar cultural roots and could therefore have one cultural leader to strengthen unity and preserve their common traditions.
Similarly, he said the Nandi and wider Kalenjin communities, because of their close cultural ties, could consider having a common cultural leader to promote and preserve their shared norms, customs and traditions.
Masiga said the growing interest in cultural leadership should be viewed as an opportunity for communities in both Kenya and Uganda to strengthen cultural identity while ensuring that traditional institutions operate within clear legal and administrative frameworks.
