PROFILE OF INTERNAL DISPLACEMENT : KENYA - UNHCR
PROFILE OF INTERNAL DISPLACEMENT : KENYA - UNHCR
PROFILE OF INTERNAL DISPLACEMENT : KENYA - UNHCR
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<strong>PR<strong>OF</strong>ILE</strong> <strong>OF</strong> <strong>INTERNAL</strong> <strong>DISPLACEMENT</strong> :<br />
<strong>KENYA</strong><br />
Compilation of the information available in the Global IDP<br />
Database of the Norwegian Refugee Council<br />
(as of 30 November, 2004)<br />
Also available at http://www.idpproject.org<br />
Users of this document are welcome to credit the Global IDP Database for the collection of information.<br />
The opinions expressed here are those of the sources and are not necessarily shared by the Global IDP<br />
Project or NRC<br />
Norwegian Refugee Council/Global IDP Project<br />
Chemin Moïse Duboule, 59<br />
1209 Geneva - Switzerland<br />
Tel: + 41 22 799 07 00<br />
Fax: + 41 22 799 07 01<br />
E-mail : idpsurvey@nrc.ch
CONTENTS<br />
CONTENTS 1<br />
<strong>PR<strong>OF</strong>ILE</strong> SUMMARY 6<br />
SUMMARY 6<br />
<strong>KENYA</strong>: TENSIONS RISE AS GOVERNMENT FAILS TO ADDRESS <strong>INTERNAL</strong> <strong>DISPLACEMENT</strong> 6<br />
CAUSES AND BACKGROUND 9<br />
BACKGROUND 9<br />
PATTERN <strong>OF</strong> STATE-INSTIGATED VIOLENCE 9<br />
PROMINENT PARTY POLITICIANS <strong>OF</strong> THE FORMER GOVERNMENT HAVE FUELED INCIDENTS ALONG<br />
ETHNIC CLASHES IN <strong>KENYA</strong> SINCE 1991 12<br />
DEVASTATING COMBINATION <strong>OF</strong> ORCHESTRATED VIOLENCE AS A POLITICAL TOOL AND EASY<br />
ACCESS TO SMALL ARMS 13<br />
TO CALL THE VIOLENCE "TRIBAL" CONCEALS THE ATTEMPT TO ALTER THE POLITICAL<br />
DEMOGRAPHY <strong>OF</strong> THE REGION IN THE GOVERNMENT'S FAVOUR(1997) 15<br />
DEMOCRATIZATION HAS RESULTED IN REAFFIRMATION <strong>OF</strong> ETHNIC IDENTITIES, 1963-2000 15<br />
INTERNATIONAL AND ADMINISTRATIVE BORDERS HAVE DIVIDED COMMUNITIES AND RENDERED<br />
THE CONFLICTS MORE COMPLEX (2004) 17<br />
MAASAI LAND CLAIMS REJECTED BY THE GOVERNMENT (AUGUST 2004) 18<br />
PERPETRATORS ON HIRE, 1991-2001 19<br />
COMMERCIALISATION <strong>OF</strong> LAND OCCUPIED BY THE COLONIALISTS IMPORTANT FACTOR BEHIND<br />
THE VIOLENCE DURING THE 1990S 20<br />
MOI GOVERNMENT CAPITALIZED ON UNADDRESSED LAND OWNERSHIP AND TENURE ISSUES<br />
CREATED DURING THE COLONIAL PERIOD, 1960-2001 21<br />
ETHNIC CLEANSING DISGUISED AS WHAT THE KANU GOVERNMENT CALLED "MAJIMBOISM" 23<br />
COLONIAL HERITAGE EXPLAINS CONTEMPORARY INTER-TRIBAL DIVISIONS IN THE RIFT VALLEY,<br />
1918-2003 24<br />
COALITION GOVERNMENT ELECTED ENDS 40 YEARS <strong>OF</strong> <strong>KENYA</strong> AFRICAN NATIONAL UNION<br />
(KANU) RULE (DEC 2002) 25<br />
CAUSES <strong>OF</strong> <strong>DISPLACEMENT</strong> 27<br />
MAIN CAUSES <strong>OF</strong> <strong>DISPLACEMENT</strong> IN THE RIFT VALLEY, 1992-2002 27<br />
MAIN CAUSES <strong>OF</strong> <strong>DISPLACEMENT</strong> IN NYANZA AND WESTERN REGIONS, 1992-2001 29<br />
LAND DISPUTE CAUSES DEATHS AND <strong>DISPLACEMENT</strong>S IN MARAKWET DISTRICT (SEPTEMBER<br />
2004) 31<br />
COMPETION OVER SCARCE RESOURCES AND ADMINISTRATIVE BOUNDARIES CAUSE<br />
<strong>DISPLACEMENT</strong>S AMONG PASTORALISTS (SEPTEMBER 2004) 32<br />
SEVERAL THOUSANDS DISPLACED AS TENSION BETWEEN RESIDENT FARMERS AND PASTORALIST<br />
COMMUNITIES IN THE TANA RIVER DISTRICT BROKE INTO ARMED CONFLICT (2001-2002) 35
<strong>DISPLACEMENT</strong> DURING LATE 1990S INCREASINGLY CAUSED BY CLASHES WITHIN THE SAME<br />
ETHNIC GROUPS, 1997-2004 36<br />
A PATTERN <strong>OF</strong> ATTACKS- AND REVENGE ATTACKS BETWEEN DIFFERENT COMMUNITIES HAS<br />
CONTINUED ( 2000-2002) 38<br />
RENEWED VIOLENCE IN THE RIFT VALLEY DURING 1998 CAUSED <strong>DISPLACEMENT</strong> SIMILAR TO<br />
THE EARLY 1990S 40<br />
<strong>DISPLACEMENT</strong> CAUSED BY FIGHTING IN MOMBASSA REGION/COAST PROVINCE (1997) 42<br />
POLITICALLY MOTIVATED CLASHES RELATED TO THE 1992 ELECTION DISPLACED MORE THAN<br />
300,000 IN THE RIFT VALLEY 43<br />
PEACE EFFORTS 44<br />
PEACE EFFORTS IN THE RIFT VALLEY 44<br />
PEACE EFFORTS IN THE NYANZA AND WESTERN REGIONS, 2001 45<br />
PEACE EFFORTS IN THE NORTH EASTERN PROVINCE, 1992-2003 46<br />
POPULATION FIGURES AND <strong>PR<strong>OF</strong>ILE</strong> 48<br />
GLOBAL FIGURES 48<br />
360,000 IDPS REPORTED IN <strong>KENYA</strong> (MAY 2004) 48<br />
JRS REPORT DIVIDES THE IDPS INTO SEVEN CATEGORIES (2001) 53<br />
ESTIMATED THAT 230,000 REMAINED <strong>INTERNAL</strong>LY DISPLACED BY END, 2002 55<br />
REPORTED THAT 210,000 REMAINED DISPLACED BY EARLY 1998 56<br />
ESTIMATED BY HUMAN RIGHTS WATCH THAT SOME 300,000 WERE DISPLACED BY 1993 57<br />
<strong>DISPLACEMENT</strong> NUMBERS UNCERTAIN DURING THE 1990S BECAUSE <strong>OF</strong> ABSENCE <strong>OF</strong> SYSTEMATIC<br />
REGISTRATION 59<br />
PATTERNS <strong>OF</strong> <strong>DISPLACEMENT</strong> 60<br />
GENERAL 60<br />
SEMI-NOMADIC COMMUNITIES IN THE NORTHERN FRONTIER DISTRICT ALSO AFFECTED BY<br />
<strong>DISPLACEMENT</strong>S(DEC 2002) 60<br />
IDPS SEEK REFUGEE IN URBAN AREAS INSTEAD <strong>OF</strong> BEING RESETTLED (1997-2000) 61<br />
PHYSICAL SECURITY & FREEDOM <strong>OF</strong> MOVEMENT 62<br />
PROTECTION CONCERNS DURING <strong>DISPLACEMENT</strong> 62<br />
CHILDREN DISPLACED DURING THE EARLY 1990S END UP AS STREET CHILDREN IN NAIROBI<br />
(1997) 62<br />
OUTSIDERS UNABLE TO MONITOR SECURITY SITUATION AS CONFLICT AREAS IN THE RIFT VALLEY<br />
BECAME CLOSED SECURITY ZONES DURING 1993-1995 62<br />
IDPS NOT PROVIDED ADEQUATE PROTECTION OR THE MEANS NECESSARY FOR REINTEGRATION<br />
AFTER AUTHORITIES DISPERSED THEIR TEMPORARY SETTLEMENTS (1993-1996) 62<br />
CLAIMED IN SEVERAL REPORTS THAT SECURITY FORCES HAVE LACKED IMPARTIALITY (1992-<br />
1997) 64<br />
SUBSISTENCE NEEDS (HEALTH NUTRITION AND SHELTER) 65<br />
GENERAL 65<br />
2
IDPS REDUCED TO BEGGERS (SEPTEMBER 2004) 65<br />
SUMMARY <strong>OF</strong> HUMANITARIAN NEEDS <strong>OF</strong> THE CONFLICT AFFECTED POPULATION IN TANA RIVER<br />
AREA (NOVEMBER 2001) 67<br />
IDPS SEEKING SHELTER IN TOWNS LIVE IN SLUM CONDITIONS, 1997-2001 68<br />
DIFFICULT LIVING CONDITIONS FOR IDPS REMAINING IN MAELA CAMP (1996-2000) 69<br />
HEALTH 70<br />
SPREAD <strong>OF</strong> HIV-AIDS IS PARTICULARLY HIGH AMONG THE URBAN DISPLACED (2002) 70<br />
CHILDREN AND WOMEN DISPLACED DURING THE EARLY 1990S PARTICULARLY VULNERABLE 71<br />
SHELTER 71<br />
IDPS FORCED TO LEAVE KYENI FOREST LIVING IN MAKESHIFT SHELTERS (AUGUST 2001) 72<br />
POOR SHELTER CONDITIONS FOR IDPS DURING THE 1990S 72<br />
ACCESS TO EDUCATION 73<br />
GENERAL 73<br />
CHILDREN'S EDUCATION DISRUPTED BY <strong>DISPLACEMENT</strong> (1993-2002) 73<br />
ISSUES <strong>OF</strong> SELF-RELIANCE AND PUBLIC PARTICIPATION 74<br />
GENERAL 74<br />
INCOME-GENERATING ACTIVITIES WITHIN IDP CAMPS ARE NON-EXISTENT 74<br />
IDPS FEEL THAT SOMEONE TOOK THE LAND THAT BELONGED TO THEM (2002) 75<br />
THE VIOLENCE HAS CONDEMNED A FORMERLY SELF-SUFFICIENT AND PRODUCTIVE SECTOR <strong>OF</strong><br />
THE ECONOMY TO PERMANENT DISPOSSESSION AND POVERTY (SEPTEMBER 2004) 75<br />
DOCUMENTATION NEEDS AND CITIZENSHIP 78<br />
GENERAL 78<br />
DISPLACED WOMEN NOT REGISTERED AS VOTERS (2002) 78<br />
PEOPLE DISPLACED IN THE COAST AREA COULD NOT VOTE IN 1997 ELECTIONS BECAUSE <strong>OF</strong> LOSS,<br />
DESTRUCTION OR DENIAL <strong>OF</strong> IDENTIFICATION DOCUMENTS 79<br />
ISSUES <strong>OF</strong> FAMILY UNITY, IDENTITY AND CULTURE 80<br />
GENERAL 80<br />
LACK <strong>OF</strong> EMPLOYMENT DURING <strong>DISPLACEMENT</strong> ALTERS PATTERN <strong>OF</strong> SEX ROLES 80<br />
AS MANY AS FOURTEEN CHILDREN PER MOTHER IN SOME HOUSEHOLDS 80<br />
DISRUPTION <strong>OF</strong> LIVES COMPELLED FAMILIES TO MINIMIZE COSTS BY SHARING HOUSES, KITCHENS,<br />
FOOD, AND WORK 81<br />
BREAKDOWN <strong>OF</strong> SOCIAL SUPPORT SYSTEMS (2000) 82<br />
PROPERTY ISSUES 83<br />
GENERAL 83<br />
BOTH VICTIMS AND PERPETRATORS <strong>OF</strong> <strong>DISPLACEMENT</strong>S SEEK COMPENSATION FROM THE<br />
GOVERNMENT(2004) 83<br />
3
COMMISSION URGES THE GOVERNMENT TO ISSUE LAND TITLE DOCUMENTS 85<br />
INDIVIDUALIZING PUBLIC LAND HAS GENERATED NEW TYPES <strong>OF</strong> DISPUTES (2000) 87<br />
PRIVATISATION <strong>OF</strong> LAND AND CONCENTRATION <strong>OF</strong> POWER OVER LAND IN THE PRESIDENCY<br />
PROMPTED VIOLENCE AND <strong>DISPLACEMENT</strong>S 88<br />
VAST AREAS <strong>OF</strong> LAND IN THE RIFT VALLEY AND THE COAST PROVINCE CONCENTRATED IN THE<br />
HANDS <strong>OF</strong> A FEW POWERFUL FAMILIES (OCTOBER 2004) 89<br />
IDPS SEEKING LEGAL CLAIM TO THEIR FARMS HAVE LITTLE SUCCESS (2001) 91<br />
THE CONFLICTS AND THE <strong>DISPLACEMENT</strong> HAVE CAUSED A LASTING ALTERATION <strong>OF</strong> LAND<br />
OCCUPANCY AND OWNERSHIP PATTERNS (1997-2000) 92<br />
RESETTLEMENT DIFFICULT BECAUSE <strong>OF</strong> DESTROYED HOMES AND PROPERTY (1992) 93<br />
PATTERNS <strong>OF</strong> RETURN AND RESETTLEMENT 95<br />
GENERAL 95<br />
FEAR AND UNCERTAINTY MAIN REASONS FOR NOT RETURNING (2002) 95<br />
THE NEW "RAINBOW" GOVERNMENT CRITICISED FOR NOT RESETTLING IDPS (AUGUST 2004) 96<br />
3,000 IDPS WHO HAD TEMPORARILY RESETTLED IN KYENI FOREST IN THIKA DISTRICT FORCED<br />
TO FURTHER MOVE IN 2001 97<br />
PEOPLE DISPLACED IN THE COAST REGION RETURNED AFTER CALM WAS RESTORED (1997-1998)<br />
98<br />
POLITICIANS AND SENIOR GOVERNMENT <strong>OF</strong>FICIALS RELUCTANT TO LET IDPS RETURN TO THEIR<br />
FORMER HOMES (1994-2000) 98<br />
IDPS NOT RETURNING TO THEIR HOMES DUE TO FEAR <strong>OF</strong> RENEWED VIOLENCE OR BECAUSE THEY<br />
HAVE LOST THEIR LAND (1999) 99<br />
PEOPLE DISPLACED FROM CLASHES IN THE POKOT AND MARAKWET AREAS IN 1999 STARTED TO<br />
RETURN (OCTOBER 2000) 100<br />
CHURCH ORGANISATIONS ASSIST MORE THAN 1,000 FAMILIES RESETTLE AND 800 FAMILIES TO<br />
RELOCATE (1999) 101<br />
CLAIMS THAT UNDP PROGRAMME HAD RESETTLED 180,000 BY 1995 QUESTIONED BY LOCAL<br />
OBSERVERS 102<br />
HUMANITARIAN ACCESS 104<br />
OPPORTUNITIES FOR OUTSIDERS TO MONITOR AND ASSIST THE IDPS 104<br />
LIMITED ACCESS FOR OUTSIDERS TO MONITOR THE <strong>DISPLACEMENT</strong> SITUATION (1997) 104<br />
GOVERNMENT RESTRICTED ACCESS TO MAELA CAMP AFTER MANY IDPS WERE MOVED FROM THE<br />
CAMP IN 1994 104<br />
NATIONAL AND INTERNATIONAL RESPONSES 106<br />
COORDINATION 106<br />
NATIONAL IDP NETWORK 106<br />
NATIONAL RESPONSE 108<br />
CONTROVERSIAL REPORT ON IRREGULAR LAND ALLOCATIONS WITHELD BY THE GOVERNMENT<br />
(OCTOBER 2004) 108<br />
THE GOVERNMENT IS NOT MOVING FAST ENOUGH TO RESETTLE IDPS (SEPTEMBER 2004) 110<br />
IDPS IN THE SPOTLIGHT AS PRIEST’S DEATH IS COMMEMORATED (AUGUST 2004) 112<br />
4
PRESIDENTIAL COMMISSION ON ETHNIC CLASHES FORMED IN 1998, REPORT RELEASED IN OCT<br />
2002 113<br />
THE PSYCHO-SOCIAL NEEDS <strong>OF</strong> DISPLACED AND DISPOSSESSED WOMEN AND THEIR ACCESS TO<br />
JUSTICE SYSTEMS HAVE NOT BEEN ADDRESSED FOR THE LAST SIX OR SO YEARS (2002) 114<br />
POLICE RESERVIST DISARMED AS AN EFFORT TO IMPROVE SECURITY IN TANA RIVER DISTRICT<br />
(DECEMBER 2001) 114<br />
GOVERNMENT <strong>OF</strong>FICIALLY ENCOURAGING RETURN BUT NEW REFUGEE BILL DOES NOT ADDRESS<br />
THE PROBLEM <strong>OF</strong> IDPS (1999-2001) 116<br />
<strong>OF</strong>FICIAL NON-RECOGNITION <strong>OF</strong> IDPS BELONGS TO THE PAST (DEC 2002) 116<br />
GOVERNMENT SECURITY INITIATIVE BETWEEN 1993-1995 STABILISED THE ETHNIC VIOLENCE IN<br />
THE RIFT VALLEY 117<br />
NATIONAL ACTORS REASSERTED THEIR ROLE AND ENGAGEMENT FOLLOWING WITHDRAWAL <strong>OF</strong><br />
INTERNATIONAL AGENCIES IN 1991 1992 118<br />
NATIONAL COUNCIL <strong>OF</strong> CHURCHES <strong>OF</strong> <strong>KENYA</strong> (NCCK) AND ACTION AID HAVE ASSISTED<br />
RESETTLEMENT AND PEACE BUILDING IN THE RIFT VALLEY (1997-1999) 118<br />
PEACE BUILDING INITIATIVES BLOCKED AS NGOS HAD TO AVOID ACTIVITIES WITH A "POLITICAL<br />
CHARACTER" (1991-1995) 119<br />
INTERNATIONAL RESPONSE 120<br />
THE KANU GOVERNMENT CONSIDERED IT IN THE INTEREST <strong>OF</strong> STATE SECURITY TO DENY LOCAL<br />
AND INTERNATIONAL ATTENTION ON IDPS 120<br />
UNDP HAS NOT BEEN INVOLVED IN FOLLOW-UP ACTIVITIES ON THE SITUATION <strong>OF</strong> THE<br />
DISPLACED SINCE 1995 (2002) 121<br />
LIMITED INTERNATIONAL ATTENTION GIVEN TO THE CONFLICTS WITHIN <strong>KENYA</strong> (2000) 121<br />
UNDP'S RECONCILIATION AND REINTEGRATION PROGRAMME (1993-1995) 122<br />
REFERENCES TO THE GUIDING PRINCIPLES ON <strong>INTERNAL</strong> <strong>DISPLACEMENT</strong> 124<br />
NO MOVES TO USE THE GUIDING PRINCIPLES FOR POLICY ON <strong>INTERNAL</strong> <strong>DISPLACEMENT</strong> BY THE<br />
FORMER GOVERNMENT (DEC 2002) 124<br />
LIST <strong>OF</strong> SOURCES USED 125<br />
5
<strong>PR<strong>OF</strong>ILE</strong> SUMMARY<br />
summary<br />
Kenya: tensions rise as government fails to address internal displacement<br />
•<br />
When the KANU (Kenya African National Union) government was voted out in December 2002 after<br />
almost 40 years in power, around 350,000 remaining internally displaced people (IDPs) regained hopes of<br />
returning to the land they had been forced to flee during the 1990s. However, the new government has not<br />
lived up to expectations that it would resolve the causes of the displacement and resettle or compensate the<br />
IDPs. More than half a million Kenyans fled violence along inter-ethnic lines largely instigated by the<br />
KANU government in response to the introduction of multi-party democracy in the 1990s. Most of the<br />
perpetrators belong to pastoral groups who had themselves been evicted from their land during the<br />
colonial period. On the other hand, most of the internally displaced people belong to agricultural<br />
communities who had been brought in by British settlers from neighbouring provinces to work on the land<br />
of the evicted pastoralists. These land issues remain unresolved as of November 2004 and have the<br />
potential to cause renewed displacements on a significant scale as the pastoral communities claim back<br />
their ancestral land and the victims of the violence in the 1990s claim compensation from the government<br />
and punishment for the perpetrators. Most of the IDPs are living in squalor in Kenya's urban slums,<br />
surviving on petty trade, casual labour and commercial sex work. The lack of response by the new<br />
government has prompted the IDPs to organise themselves to fight the impunity of the perpetrators and<br />
increase the pressure to address the underlying causes of the displacements.<br />
Unresolved land disputes from colonial era<br />
Displacement in Kenya is closely linked to land tenure issues and forced displacements of the country's<br />
colonial past. In the early 20th century, the British colonialists evicted indigenous nomadic pastoralists<br />
(Kalenjin, Maasai, Samburu and Turkana) from the most fertile land in the Rift Valley in the west and<br />
recruited non-indigenous agricultural labourers from the neighbouring provinces to work on their farms,<br />
particularly Kikuyu from the Central Province. During the 1960s, in the aftermath of the colonialists'<br />
departure from what is commonly labelled "the White Farmlands", the non-indigenous agricultural<br />
labourers on the European farms took advantage of the land-buying schemes offered by President Jomo<br />
Kenyatta and bought the land they had worked on for the white colonialists (CIDCM, Oct 1999, pp.1-4;<br />
HRW, June 1997, pp. 37-38). The nomadic pastoralists who had been evicted by the colonialists were<br />
thereby denied access to land they believed to be rightfully theirs. This situation was largely maintained<br />
throughout the KANU period until 1992-1993 when the non-indigenous agriculturalists were ordered by<br />
the government to leave the Rift Valley and return to their "homeland" in the Central Province.<br />
This order and the consequent violent displacements coincided almost exactly with the amendment of the<br />
Kenyan Constitution to permit multi-party politics in September 1991 (Article 19, Oct 1997, p. 24). Soon<br />
afterwards, parties were formed along tribal lines, with KANU officials paying landless youth to harass and<br />
force mainly Kikuyu people out of their homes and constituencies. The major periods of violence and<br />
displacement centred around the 1992 and 1997 elections and the main perpetrators of the violence in both<br />
these elections were predominantly dispossessed Kalenjin and Maasai supporters of the KANU government<br />
against members of opposition groups. By 1993 about 300,000 people had fled their homes (HRW, June<br />
1997, p.36).<br />
6
In addition to the upheaval in the Rift Valley, there was a major outbreak of violence in the Mombasa<br />
region/Coast province in August and early September 1997. This violence caused the displacement of up to<br />
120,000 people and left at least 100 dead. The victims again belonged largely to groups perceived to be<br />
associated with the political opposition, while the perpetrators were mainly disgruntled young men who<br />
were paid to commit the atrocities (US DOS, 30 January 1998, sect 1a; Nowrojee 1998, p. 65; USCR<br />
1998).<br />
More recently, conflicts over access to water and pasture are a major cause of violence and displacement<br />
among pastoralists in northern and western Kenya. The conflicts are exacerbated by prolonged drought and<br />
the proliferation of small arms, which reportedly amounts to over 100,000 illegal guns in the districts of<br />
Turkana, Samburu and West Pok alone (CISA, 26 October 2004). No comprehensive assessment of<br />
numbers of IDPs among these pastoralists and their needs had been conducted as of May 2004 (EAS, 6<br />
September 2004; OCHA, 31 May 2004; UN DPMCU Dec 2002, p.35).<br />
Government downplays scope of internal displacement<br />
The December 2002 electoral defeat of KANU, which had ruled the country since independence from<br />
Britain in 1963, raised IDPs' hopes that they would be allowed to return to the lands they had left or obtain<br />
some sort of compensation. However, the new government has not lived up to expectations that it would<br />
resolve the causes of the displacement and resettle or compensate the IDPs (EAS, 12 September, Justice for<br />
clash victims).<br />
The government appears to downplay the scope and significance of internal displacement in Kenya.<br />
Whereas UN OCHA estimates there are around 350,000 IDPs in Kenya, the minister in charge of land and<br />
housing recently suggested there are no more than 10,000 “genuine” IDPs and that only those with title<br />
deeds should be eligible for compensation (EAS, 12 September, Internally displaced opportunists; OCHA,<br />
31 May 2004). This would leave all those who only leased land and others with informal land arrangements<br />
outside the scope of a long-waited national response.<br />
The growing frustration about the government’s failure to provide durable solutions has motivated the<br />
displaced to organise themselves and create an IDP network, in close collaboration with the Kenya Human<br />
Rights Commission and church organisations. The network, which has become an important channel for the<br />
fight for durable solutions and against impunity for the perpetrators, argues that the IDPs’ plight should be<br />
treated as a political matter requiring a political solution, opposing what it sees as government attempts to<br />
convert their struggle into a matter of general poverty and landlessness (EAS,12 September 2004, Internally<br />
displaced opportunists; KHRC, 31 July, 15 May 2004).<br />
The issue of land ownership is highly controversial in a country where most of the arable land is in the<br />
hands of a few families (EAS, 6 October 2004, Land crisis, 1 October 2004, Who owns Kenya?). A<br />
report prepared by a presidential commission, parts of which have been leaked to the public, appears to<br />
confirm that all post-independence administrations have been involved in irregular land allocations. There<br />
are fears that the publication of the report could unleash pent-up anger over the unresolved land issues both<br />
among the IDPs and the evicted pastoralists held responsible for the displacements in the 1990s, potentially<br />
leading to a larger-scale crisis similar to the situation in Zimbabwe (EAS,1 October, Land report, 12<br />
September, Internally displaced opportunists; OCHA, 11 August 2003). Some IDPs in Nakuru Region<br />
have openly threatened to invade the farms of President Mwai Kibaki and the retired President Daniel Arap<br />
Moi unless their claims for compensation are met (KHRC, 15 May 2004).<br />
Continued human rights violations<br />
Although the violence that caused the displacements of the 1990s has generally ebbed down, the conflict<br />
left a legacy of tensions between the victims and perpetrators which occasionally leads to renewed<br />
7
violence. There have been reports of rapes, arbitrary arrests and other human rights violations, often<br />
exacerbated by prolonged drought, unresolved land disputes, pauperisation, lingering insecurity and<br />
evictions. The latter is part of the new government’s policy of demolishing illegally-constructed houses<br />
which affects IDPs, regular residents and urban migrants alike (EAS, 12 September 2004, Revenge<br />
mission, Will peace deal hold; KHRC, 31 July, 15 May 2004; IRIN, 24 February 2004)<br />
Dire living conditions<br />
The majority of IDPs in Kenya continue to live in dire conditions in urban areas, often in makeshift<br />
settlements, abandoned buildings or church compounds. Many of them lack access to clean water, food and<br />
sanitation. Over 70 per cent of the heads of household are single mothers. Women are often exposed to<br />
physical and sexual violence. Coping mechanisms among IDPs include petty trade, casual labour, charcoal<br />
burning and commercial sex work. The new government has made schooling free of charge and thereby<br />
removed a major obstacle for displaced and destitute children to attend classes, but statistics on displaced<br />
children attending classes are unavailable (EAS, Tough life, 12 September 2004; OCHA, 31 March 2003;<br />
UN DPMCU, Dec 2002, pp.36-39).<br />
International response<br />
The new government’s election pledges to resettle the IDPs and bring the perpetrators to justice have not<br />
been accompanied by any visible international support or pressure. A UNDP resettlement programme,<br />
closed down in 1995, was the last time the UN was directly involved in addressing internal displacement.<br />
The World Bank and the International Monetary Fund, which suspended their support to the KANU<br />
government in 2001 following accusations of wide-spread mismanagement and corruption, have resumed<br />
cooperation with the new government.<br />
Unresolved land disputes, tensions among the affected communities and the humanitarian needs of the<br />
IDPs are, almost two years after the installment of the new government, still pending issues. International<br />
humanitarian agencies should therefore renew support to the ongoing local initiatives and urge the<br />
government to handle this potentially major crisis adequately. (Updated November 2004)<br />
8
CAUSES AND BACKGROUND<br />
Background<br />
Pattern of state-instigated violence<br />
• Causes for displacements summarised in the following manner:<br />
• Election-related violence<br />
• Border and land Disputes<br />
• Cattle Rustling and Banditry<br />
• Urban Disturbances<br />
• Proliferation of small arms and light weapons<br />
• Official Eviction from Forestland and Water Catchments<br />
“The causes and issues surrounding internal population displacement in Kenya illustrate a consistent<br />
pattern of state-instigated and/or tolerated violence, and systematic human rights abuses against particular<br />
sections of the population by agents of or known to the state. Various human rights observers, researchers<br />
and politicians have recognized the role of the KANU Kenya African Nationa Uniongovernment in the<br />
cycle of clashes and armed hostilities that have persisted in the country since the advent of pluralist party<br />
politics in 1991 [...]<br />
Main Causes of Population Displacement in Kenya<br />
As noted above, the main causes of forced migration within Kenya are chiefly man-made, and political in<br />
nature. In some places, flooding of rivers and drought compel people to leave their homes. The main causes<br />
include:<br />
Election-related violence<br />
This was witnessed in the run-up to, during and shortly after the multi-party elections in 1992 and 1997.<br />
Political analysts contend that the KANU government used violence to intimidate supporters of the then<br />
political opposition, which posed a challenge to its legitimacy. Others maintained that violence was a tool<br />
to retain political monopoly in geographical zones designated as ‘exclusive’ to particular ethnic<br />
communities and political parties. By creating insecurity, it made it difficult for other political parties to<br />
penetrate or sustain support in these zones.<br />
In 1992 and 1997, ‘land’ or ‘ethnic’ clashes, as the violence came to be known, spread in multi-ethnic<br />
regions of Western, Rift Valley and Coast provinces, resulting in death of an unknown number of persons<br />
and displacement of thousands of others. While the media and politicians across the board characterised<br />
the armed hostilities as ‘ethnic’, ‘traditional’ or ‘communal’, Human Rights observers and conflict analysts<br />
argued that existing communal conflicts over land claims and cattle raiding were manipulated so that<br />
communities appeared to be fighting over ‘traditional’ issues. Confessions made to Human Rights Watch<br />
researchers by perpetrators also revealed that while attackers were allegedly dressed in traditional garb,<br />
sometimes they were brought from outside the conflict area to assail the local people.<br />
Forced population displacement or eviction of certain communities from some geographical regions served<br />
to change the electoral demography, in order to predetermine election results. It also enabled powerful<br />
people to fraudulently acquire land belonging to those associated with the political opposition. The said<br />
9
land was later used to reward political clients. Part of the forestlands and Agricultural Development<br />
Corporation (ADC) farms degazetted for the purposes of relocating displaced persons in Naivasha,<br />
Elburgon and Keringet were allocated to senior government officials and KANU supporters.<br />
Ethnic relations in some regions affected by clashes have healed and life returned to ‘normal’, but others<br />
are characterised by deep-seated suspicion. In areas such as Molo and Rare in the Rift Valley, sporadic<br />
arson, cattle rustling and revenge attacks between Kikuyu and Kalenjin groups have persisted over the<br />
years. Real or perceived ethnic hostility and violence, as will be discussed below, is one of the reasons for<br />
non-return of IDPs in parts of TransNzoia, West Pokot, Nakuru, Nandi and Mt Elgon districts. [...]<br />
2002 General Elections<br />
Due to past experience of violence during elections, many Kenyans and sections of the international<br />
community expected the 2002 General Elections to be marred by bloodshed. Expectation of violence was<br />
heightened by the emergence of ‘armies’ and vigilante groups (jeshis), known to cause mayhem in urban<br />
areas or to unleash or threaten violence on supporters of political opponents. Jeshis are supported or<br />
sponsored by influential individuals or political parties. During the campaign period, however, only a few<br />
isolated cases of violence were reported. These incidents were often between supporters of different<br />
candidates, sometimes even within the same party; they did not reflect underlying ethnic tensions.<br />
The absence of violence in 2002 could be attributed to various factors: firstly, the unification of thirteen<br />
political parties into one coalition meant that communities that were hitherto conflicting drew closer on the<br />
same side. Secondly, with the weakening of KANU and subsequent defections, politicians’ loyalties were<br />
divided, especially because they were uncertain how the incoming government would treat the issue of<br />
impunity for electoral violence. Besides, those who had instigated the ethnic clashes were afraid of being<br />
exposed by those who had defected from the party widely associated with the conflict. Thirdly, the<br />
electorate shunned violence and militant politicians due to painful memories of the clashes and remorse, in<br />
addition to the negative effect bloodshed had had on their livelihoods. Therefore aspirants were unable to<br />
influence people to engage in violence, in spite of existing differences that could easily have been<br />
manipulated. The youth and other idle persons who had been used to perpetrate violence in 1992 are said to<br />
have ‘refused to be used’ because the promises made to them then (especially of employment) had not been<br />
honoured.<br />
Fourthly, in parts of the Rift Valley and Western, eviction or displacement of communities associated<br />
particular parties had been successfully accomplished during the KANU era; hence local support for the<br />
said parties could only be tolerated.<br />
Fifth, the Electoral Commission of Kenya (ECK), the civil society, and the media engaged a rigorous and<br />
aggressive civic education campaign, which went a long way in promoting political maturity amongst<br />
Kenyans. The electorate this time round was tolerant of people who differed with their political views.<br />
Furthermore, the political culture of voting for candidates who gave tokens was countered by the desire for<br />
change, which seemed to be sweeping across Kenya after the formation of the umbrella opposition party,<br />
the National Rainbow Coalition (NARC)<br />
Border and land Disputes<br />
This is a serious conflict issue affecting regions along administrative boundaries in Busia/Teso,<br />
Migori/Kuria Gucha/TransMara, TransMara/Migori, Meru North/Isiolo, Meru North/Tharaka,<br />
Turkana/West Pokot and Marakwet/East Baringo. In the affected areas, an artificial no-man’s land has<br />
come into existence as people from either district are pushed further away from regions along the disputed<br />
border. The problem in areas such as Meru North/Tharaka began after the creation of new administrative<br />
districts and constituency boundaries. The new boundaries describe ethnic boundaries; hence a minority<br />
population of either ethnic group is inevitably found in the ‘wrong’ district. Regardless of legal ownership<br />
of the land that such minority groups occupy, the majority ethnic group intermittently moves to ‘evict’<br />
them. Border conflicts often turn into massacres, particularly because of retaliation and revenge attacks. ...<br />
10
Cattle Rustling and Banditry<br />
Among pastoralist communities, the traditional practice of cattle raiding was done seasonally as a rite of<br />
passage into adulthood, and to obtain cattle for bride price. Raiding was also a means of restocking after<br />
calamities such as prolonged drought. Cattle were a status symbol, and raids part of the communities’<br />
history. Given their purpose, raids were predictable, infrequent and controlled not to cause death or<br />
harmfully affect the lives or livelihoods of the society. The Pokot, Turkana, Marakwet, Tugen and Keiyo<br />
raided each other, but lived harmoniously until the onset of multi-party politics in the 1990s, when the raids<br />
eventually acquired belligerent and criminal tendencies. As the practice gained political character, raiders<br />
disregarded the seasonal aspect of cattle theft. Whereas communities would organize missions to retrieve<br />
stolen animals, the introduction of small arms has changed the nature of such custom and undermined<br />
traditional conflict management arrangements. Increasingly, communities are amassing weapons for their<br />
own security, and to carry out raids and retaliation missions. Any number of armed young raiders can now<br />
go on raiding missions, with or without the blessing of the traditional elders who traditionally sanctioned<br />
raids ...<br />
Urban Disturbances<br />
These are sporadic violent incidents in Nairobi and other urban centres, usually in response to unpopular<br />
government actions such as house demolitions, eviction orders, or skirmishes between two or more interest<br />
groups. They last only a few days, but leave in their wake several deaths, injuries, substantial loss of<br />
property and forced exodus from affected residential estates. For example, violence broke out in November<br />
2001 between landlords and tenants in Kibera slums after former President Daniel Arap Moi and area<br />
Member of Parliament directed that tenants pay ‘reasonable’ rent. Tenants immediately refused to disburse<br />
any rent, demanding that the initial amount be halved. Most of the owners of the informal shelters depend<br />
on the rent for their livelihoods, and inevitably resisted the directive. Some brought in henchmen to force<br />
the tenants to pay the rent, while the tenants ganged up to repulse them. Many issues emerged from the<br />
incident: the matter of land ownership in Kibera, the question of citizenship for the Nubians, as well as the<br />
relationship between poverty and security, and poverty and politics. Many people moved out of Kibera to<br />
more secure but affordable estates such a Kangemi and Kawangware. The number of those who relocated is<br />
not known [...]<br />
Proliferation of small arms and light weapons<br />
The presence and abuse of guns has led to militarization of the communities, fuelled general insecurity and<br />
criminalized the traditional practice of raiding. It has also led to political manipulation of disputes, thereby<br />
intensifying conflicts and blurring the line between long-standing ethnic feuds (e.g. cattle raids) and<br />
political violence. Crime rate has soared, as guns are now used to carry out acts of banditry and cattle raids.<br />
Interview with Mr. Oduol, OCPD West Pokot. See also Osogo Opolot, ‘Rising Armed Crime Linked to SPLA Guns’ the<br />
East African Weekly, Sept 13-20, 1999; ‘Police Unearth Arms Syndicate’ Daily Nation March 26, 2000. Sometimes<br />
the police posted in the area do not follow up reported cases of banditry or rustling due to ineptitude or<br />
because the raiders have superior weapons. Armed youth have become confident and aggressive, and often<br />
overrule or disregard elders. Given the impunity that exists in this region as no offenders are arrested or<br />
prosecuted, coupled with the absence of explicit gun control mechanisms, raids are commonly conducted<br />
for criminal purposes. Consequently, unarmed men, women and children form the bulk of the victims,<br />
contrary to former rules of war (killing of such people was traditionally taboo). This trend has jeopardized<br />
conflict management efforts, making identification and resolution of the sources of conflict much more<br />
complex. Violence as a direct consequence of proliferation of small arms and cattle rustling has caused<br />
population displacement in Marakwet, East Baringo, West Pokot, Southern Turkana, TransNzoia, Isiolo,<br />
Tana River and Mt. Elgon districts.<br />
Official Eviction from Forestland and Water Catchments<br />
During the 1992 clashes, illegal occupation of forestland was cited as justification to evict non-Maasai<br />
from parts of Narok. Those from Olenguruone were asked to surrender their title deeds in exchange for<br />
five-acre parcels of land at Kapsita in Elburgon, Baraget and Molo. Those from Enoosupukia were given<br />
11
two-acre plots at Moi Ndabi in Naivasha. The Maasai community remained in the so-called ‘forestland’,<br />
with some taking over the land formerly owned by IDPs. Later attempts by the government to evict them<br />
from the water catchments have failed."( UN DPMCU, Dec 2002, pp. 12-21).<br />
Prominent party politicians of the former government have fueled incidents along<br />
ethnic clashes in Kenya since 1991<br />
• Ethnic tensions developed especially around access to economic opportunities and redistribution<br />
of land<br />
• Hundreds of thousands of Kikuyu moved into large farms in the Rift Valley abandoned by the<br />
white farmers following decolonisation<br />
• Most of the land in question had historically belonged to the Kalenjin and the Maasai<br />
• Politicians instigated violence by the Kalenjin and Maasai against the Kikuyu to retain power<br />
following introduction of multy-party democracy in 1992<br />
“Violence has displaced up to 400,000 people in eastern, western, and northern Kenya during the past<br />
decade. In most cases, political discontent, simmering land disputes, and ethnic tensions were at the root of<br />
Kenya’s domestic conflicts.<br />
The Kenyan government’s Presidential Commission on the Ethnic Clashes concluded nearly a year of<br />
hearings into the country’s violent population displacement in 1999 and submitted a report to then<br />
President Daniel arap Moi. After years of delay, the Kenyan government finally released the report publicly<br />
in October 2002. The report confirmed that “prominent ruling party politicians have fueled multiple<br />
incidents of so-called ethnic clashes in Kenya since 1991” by inciting mobs to seize land from perceived<br />
political opponents. The government failed to announce any formal action on the report’s findings."(US<br />
CR, 1 June 2003)<br />
"The problem of ethnicity, having emerged during the colonial period, has been progressively accentuated<br />
since independence with the emergence of ethnicity as a factor in national politics. Ethnicity in Kenya<br />
became a national concern as early as during the colonial period but was accentuated in the postindependence<br />
period during the implementation of the policy<br />
of Africanization. Ethnic tensions developed especially around the structure of access to economic<br />
opportunities and redistribution of some of the land formerly owned by the white settlers. Most of the land<br />
in question was in the Rift Valley province and was historically settled by the Kalenjin and the Maasai. The<br />
other area that was affected by colonial settlement<br />
was the Central province. But the crisis was aggravated during the mid-1950s when forced land<br />
consolidation took place during the emergency period, which benefited mainly the progovernment group<br />
that had not joined the Mau Mau revolt. And when the state of emergency was lifted at the end of the<br />
1950s, most of the detainees returned home to find that they had lost their land to the loyalists. As some<br />
moved to the urban centres in search of wage and self employment, a large wave of this group moved to the<br />
Rift Valley in anticipation of what was expected to be land redistribution after independence. A number of<br />
them joined relatives and kinsmen who had moved to the Rift Valley many decades earlier and were<br />
staying in some of<br />
the settler owned land as squatters. Therefore, when the redistribution of some of the land formerly owned<br />
by the white settlers began, it is these squatters that became the instant beneficiaries of the allocations.<br />
But the policy that gave rise to large scale land acquisition by "outsiders" in Rift Valley was the policy of<br />
`willing buyer willing seller' that the government assumed for land transfers after the initial political<br />
settlement on about one million acres. Using the economic and political leverage available to them during<br />
the Kenyatta regime, the Kikuyu, Meru and Embu groups,<br />
12
ut especially the Kikuyu, took advantage of the situation and formed many land-buying companies. These<br />
companies would, throughout the 1960s and 70s, facilitate the settlement of hundreds of thousands of<br />
Kikuyu in the Rift Valley, especially in the districts with arable land notably Nakuru, Uasin Gishu, Nandi,<br />
Trans Nzoia and Narok. The land in the said districts historically belonged to the Kalenjin, Maasai and<br />
kindred groups such as the Samburu. But the Kikuyu, Embu and Meru were not the only ones to acquire<br />
land in the Rift Valley after independence. The new entrants in the post independence period included the<br />
Kisii, Luo and Luhya, who moved into and bought land that bordered these districts. This new settlement<br />
continued in spite of opposition by the indigenous ethnic groups of the Rift Valley. In fact the Nandi, in<br />
particular protested in a more dramatic manner when in 1969<br />
at a meeting in Nandi Hills, what became known as the "Nandi Declaration" was made after a gathering of<br />
radical political leaders in Nandi met to protest what they regarded as an invasion of their ancestral land by<br />
outsiders. Aware of these protests even before the "Nandi Declaration" the Kenyatta regime relied on the<br />
senior Kalenjin in the government to neutralize the political opposition to the settlers. And none other than<br />
the then Vice-President<br />
(a Kalenjin) would play a leading role in this strategy. But as fate would have it, it was this same Vice-<br />
President, finding himself as the country's President, who would have to deal with the most exclusive ethnic<br />
conflict arising from a policy that he had personally contributed to implementing.<br />
However, during the first decade of his rule, Moi by and large managed to contain the situation helped<br />
largely by the politico-administrative culture that had been fostered during the one party era. But he at the<br />
same time put in place a mechanism that weakened the capacity of the Kikuyu to continue acquiring more<br />
land in the Rift Valley province. It is in the above context that the problem in Rift Valley province that is<br />
the subject of analysis here is to<br />
be seen. The ethnic conflict in the Rift Valley took place against a background of an impending general<br />
election. This was to be the first time since independence when a truly multi-party election was to be held<br />
in post-independent Kenya. This is because this time round, the ruling party was seriously threatened with<br />
the probability of being removed from power by the combined political opposition, which had in the first<br />
place mobilized public opinion that ultimately forced the government to change the constitution to allow<br />
the operation of multipartyism. Playing a major role in the emergent opposition movement were the Kikuyu<br />
and the Luo communities." (Walter O. Oyugi, 2002)<br />
Devastating combination of orchestrated violence as a political tool and easy access<br />
to small arms<br />
• Likely opposition voters were forced to flee their homes<br />
• Disgruntled local young men hostile toward non-indigenous residents of the region<br />
• The ruling party instigated the disgruntled local young to commit atrocities that served their<br />
political aspirations<br />
• The weapons circulating in Kenya originate from China and the United States among other<br />
countries<br />
• The line between long-standing tribal competition-traditionally manifested in cattle theft or<br />
rustling-and political violence is blurred by the proliferation of small arms<br />
“This report examines in detail the outbreak of political violence on the Kenyan coast in mid-1997 as a case<br />
study of both the orchestration of violence as a political tool and the devastating impact of small arms on<br />
human rights. At that time, thecountry was gearing up for elections and calls for constitutional reform were<br />
increasing, putting the ruling party on the defensive. Against this political backdrop, well-organized and<br />
well-armed irregular paramilitary forces-known as "raiders"-carried out a series of brash and deadly attacks<br />
on non-indigenous residents around Mombasa, Coast Province. ...<br />
13
The Coast1 raiders targeted members of ethnic communities that had voted disproportionately against the<br />
ruling Kenya African National Union (KANU) party in the 1992 election, causing KANU to lose two of<br />
four parliamentary seats in one district that year. As a result of the 1997 attacks these likely opposition<br />
voters were forced to flee their homes and, in spite of an unexpected backlash against the government over<br />
police abuses, KANU won three of the parliamentary seats in elections later that year, with a fourth seat<br />
(the one in the area where the violence was sparked) being won by a KANU ally registered under a new<br />
party. In a neighboring district that was also at the center of the violence, KANU won all three<br />
parliamentary seats, as it had in 1992. President Daniel arap Moi, who needed to win at least 25 percent of<br />
the presidential vote in Coast Province to ensure his reelection, carried the province easily, and his vote<br />
tally rose considerably in violence-affected areas that previously had been opposition strongholds.<br />
The perpetrators of the Coast attacks were largely disgruntled local young men whose hostility toward nonindigenous<br />
residents of the region led them to support a divisive ethnic agenda that also served the ruling<br />
party's political aspirations. Many strongly felt that long-term migrants from other parts of Kenya, as well<br />
as other ethnic minority communities settled there, were to blame for the poor conditions faced by their<br />
indigenous ethnic group, the Digo. They were motivated by anger over the economic marginalization of the<br />
local population, which contrasted sharply with the wealth generated by the area's tourism economy. Their<br />
goal was to drive away members of the ethnic groups originating from inland Kenya-the "up-country"<br />
population-in order to gain access to jobs, land, and educational opportunities. They used brutal tactics to<br />
terrorize their targets for weeks on end....<br />
“Small arms proliferation across the globe leads to the more rapid spread of violence and magnifies the<br />
devastating effects of violence, contributing significantly in areas of armed conflict to human rights abuses<br />
and violations of international humanitarian law. In countries emerging from war, the widespread<br />
availability of guns contributes to high levels of crime and makes more difficult the transition to a lasting<br />
peace. In Kenya and other countries not at war, the ready availability of these weapons undermines security<br />
(including with relation to crime), erodes prospects for development, contributes to social disintegration,<br />
and makes the resort to violence more likely-and more deadly.<br />
Kenya is vulnerable to weapons trafficking because of its geographic location in a conflict-ridden region.<br />
The weapons circulating in Kenya originate from places as far away as China and the United States, but<br />
most of them passed through war zones in neighboring countries before making their way to Kenya's illegal<br />
gun markets. For years Kenya's territory has been a conduit for weapons shipments destined to nearby areas<br />
of violent conflict, but more recently the spread of weapons has spilled back into Kenya itself.<br />
For the time being, guns in Kenya are circulating on a small scale when compared to its war-torn neighbors.<br />
They are smuggled into the country a few at a time in a steady flow and sold by traders in secret markets,<br />
with some larger-scale illegal arms trafficking also reportedly taking place. The impact of even relatively<br />
modest quantities of such weapons, however, is already being felt.<br />
The increasing availability of weapons in Kenya has helped fuel rising insecurity and, in some areas, the<br />
growing militarization of society. Much media attention has focused on the prevalent use of sophisticated<br />
weapons in urban crime, particularly in Nairobi. Often, refugees living in Kenya are scapegoated as the<br />
source of these weapons. The proliferation of small arms is most serious along Kenya's northern and<br />
western borders, where pastoralist communities have ready access to AK-47s and other automatic rifles<br />
obtained from neighboring countries. The introduction and spread of such sophisticated weapons among<br />
these communities has intensified conflict and blurred the line between long-standing ethnic competitiontraditionally<br />
manifested in cattle theft or rustling-and political violence. Guns are now widely used to carry<br />
out acts of banditry and cattle rustling in Kenya, and have been responsible for growing numbers of human<br />
casualties, including during armed confrontations that pit ethnic groups against each other. This grave<br />
insecurity, as rightly noted by a Kenyan civic leader, derives both from "the influx of small arms" and<br />
"careless utterances and incitement" by politicians.” (HRW, 31 May 2003, pp. 1-2)<br />
14
To call the violence "tribal" conceals the attempt to alter the political demography of<br />
the region in the government's favour(1997)<br />
• The violence is ostensibly caused by land disputes between agricultural and pastoralist<br />
communities.<br />
• To call the violence "clashes" conceals the fact that the predominant pattern has been attacks by<br />
Kalenjin and Maasai warriors on unarmed communities<br />
• The onset of the violence, in September 1991, coincided almost precisely with the amendment of<br />
the Kenyan Constitution<br />
"Political violence in the Rift Valley and other areas of western Kenya has cost at least 1,500 lives since<br />
1991 and has caused massive displacement among the local population. At one point the number displaced<br />
may have been as high as 300,000.<br />
The violence is ostensibly caused by land disputes between the settled agricultural communities of Kikuyu,<br />
Luo and Luhya people and the pastoralist Kalenjin and Maasai. This is often described as "tribal clashes"<br />
and there is no doubt that allegiances in the conflict generally follow ethnic lines. However, it is not<br />
coincidental that many Kikuyus, Luhyas and Luos are supporters of the opposition parties, while President<br />
Moi is a Kalenjin and Vice-President Saitoti a Maasai, as are many of their immediate circle. To call the<br />
violence "tribal" conceals the fact that one of its principal effects has been to alter the political demography<br />
of the region in the government's favour. To call it "clashes" conceals the fact that the predominant pattern<br />
of the violence has been attacks by Kalenjin and Maasai warriors on unarmed communities.<br />
The onset of the violence, in September 1991, coincided almost precisely with the amendment of the<br />
Kenyan Constitution to permit multi-party politics. President Moi, who had made this change only under<br />
concerted foreign and internal pressure, presented the "tribal clashes" as evidence that multi-party<br />
democracy was divisive and that Kenyans were unready or unsuited to it. However, the initial violence was<br />
the result of explicit incitement by leaders of the ruling Kenyan African National Union (KANU)<br />
determined not to cede their political monopoly in the Rift Valley. At a political rally in September 1991 a<br />
group of Rift Valley KANU politicians announced that they were "banning" members of the opposition<br />
from entering the area and threatened Kikuyus, Luos and Luhyas living there. In the year leading to multiparty<br />
elections in December 1992, KANU leaders continued to issue threats and ultimatums. For example,<br />
in June 1992 a government minister threatened that non-Maasai in the traditional Maasai area of Narok<br />
would not be allowed to vote there unless they owned land or property. The next week Maasai warriors<br />
attacked Kikuyus at a voting registration centre in Narok, killing three and injuring four." (Article 19, Oct<br />
1997)<br />
Democratization has resulted in reaffirmation of ethnic identities, 1963-2000<br />
• Since independence in 1963, Kenya has been shaped primarily by the Kenya African National<br />
Union (KANU)<br />
• International actors imposed multy-partyism in 1992<br />
• The government put a ban on political rallies after more than 2000 people were killed in the<br />
period leading up to the presidential and parliamentary elections in 1992<br />
"In Political Parties the republic of Kenya was described in early 1979 as "a one-party state that is not<br />
15
without threats to its stability". (Janda, 1980: 992) For a long time this held true, but there has been some<br />
significant changes, especially since the early 1990s. Kenya has been, since its independence from the<br />
United Kingdom, a country with a capitalist oriented economy, a stable political system and in general<br />
been viewed as a friend of the West. Increasingly this view of Kenya has changed. Its economy is in<br />
shambles, the political system is repressive, and Kenya has been, and continues to be, criticized by its<br />
former Western friends. In general, Kenya has not performed economically nor politically as predicted<br />
when she gained her independence some 33 years ago.<br />
Since Kenya gained its independence on December 12 1963, it has been shaped primarily by the Kenya<br />
African National Union (KANU) and the de facto one-party system in place (which became a de jure oneparty<br />
state in 1982). The one-party system was a trend that could be seen all over the African continent<br />
during the 1960s, and by the early 1970s, all but a few countries in Africa were one-party states. Of course,<br />
this did not mean that the one-party states mirrored each other, rather, there were important differences<br />
between the different countries. (Tordoff, 1997: 4) Furthermore, a trend that was obvious across the<br />
continent was one of personalizing power in the hands of the party leader, who also became state president.<br />
In the case of Kenya this power landed first in the hands of Jomo Kenyatta (1964-1978), and later with<br />
Daniel arap Moi, who is still in power today. (Tordoff, 1997: 4) Furthermore, there was a general move<br />
away from federal and quasi-federal systems of government to unitary systems, as in Kenya were federal<br />
elements of the constitution were removed in 1964. (Tordoff, 1997: 10) All of these trends point to<br />
centralization of power, personalized by the president. Very often this meant that power was diverted from<br />
party organs to the bureaucratic machine instead, as evidenced in Kenya. The main argument for retaining<br />
a one-party system was always for the sake of political stability. [...]<br />
During the first half of 1992, around 2000 people were killed in tribal clashes in Western Kenya.<br />
Consequently, the government put a ban on political rallies, a ban that was later lifted after protests<br />
organized by FORD. In December 1992 both presidential and parliamentary elections were held, but<br />
because of the oppositions' lack of cohesiveness and inability to form an alliance against KANU, Moi and<br />
KANU were able to remain in control. (Tordoff, 1997: 16) However, it is contested how free and fair these<br />
elections really were, and to what extent Moi and his political machine used their incumbent status to<br />
control the results. (KHRC, 1998) Moi was elected to a fourth term as president with 36.3% of the vote<br />
ahead of Kenneth Matiba (26.0%), Mwai Kibaki (19.5%) and Oginga Odinga (17.5%). Of the 188 seats in<br />
the National Assembly, KANU won 100, FORD- Asili and FORD-Kenya gained 31 seats each and DP got<br />
23 seats. (Europa Publications Limited, 1999: 2037)<br />
After the 1992 elections tribal clashes continued. In May 1995 a new political party, SAFINA, was formed<br />
by opposition activists who claimed that the party intended to fight for human rights and against<br />
corruption. The chairman at the time was Mutari Kigano, a prominent human rights lawyer, and as<br />
secretary general SAFINA appointed Dr Richard Leakey, a prominent white Kenyan. Today SAFINA is<br />
led by Farah Maalim (chairman) and Mghanga Mwandawiro (secretary general). Again, even though<br />
SAFINA represents an important element in Kenyan politics, it did not meet the requirements to qualify<br />
for study.<br />
The Kenya of today is marked by increased tension between ethnic groups. Tension that goes back to the<br />
days when Jomo Kenyatta was president (1964-1978) and the Kikuyu dominated Kenyan politics. The<br />
extent of Kikuyu domination came to alienate the Luo and other ethnic groups within the country.<br />
(Tordoff, 1997: 86-7) The Kikuyu is the largest ethnic group in Kenya, followed in size by Luhya, Luo,<br />
Kamba, Kalenjin and a host of other smaller ethnic groups. (KHRC, 1998: 11) Daniel arap Moi belongs to<br />
the Kalenjin group. (Tordoff, 1997: 166) In Kenya, "Democratization has resulted in reaffirmation of<br />
ethnic identities, with political parties emerging along ethnoregional criteria rather than ideological ones."<br />
(Bratton and van de Walle, 1997: 239)<br />
The 1992 multi-party election did not change who was in power, and neither the level of corruption within<br />
the government. As before, the international community used its weight to put pressure on Kenya to take<br />
action against official corruption. However, this time pressure came from the IMF who suspended<br />
16
payments in August 1997 pending action on Kenya's part. Kenya promptly inaugurated an anti-corruption<br />
body. However, in late August serious strife erupted in and around Mombasa, essentially along ethnic<br />
lines."(Christina Nystrom, August 2000)<br />
International and administrative borders have divided communities and rendered the<br />
conflicts more complex (2004)<br />
• Causes of conflict include limited access to water and pasture resources, loss of traditional grazing<br />
land, cattle raiding, lack of alternative sources of livelihood from pastoralism<br />
• Obstacles to peace efforts include diminishing role of traditional institutions in conflict<br />
management, political incitement, non-responsive governments policy and inter-tribal animosity<br />
"Nomadic pastoralism is the main economic activity and the main source of livelihood in the arid and semi<br />
arid northern Kenya. Apart from environmental vagaries conflicts are many and centre mainly, on the<br />
exploitation of the limited resources. Conflict over natural resources such as land, water, and forests is<br />
ubiquitous. People everywhere have competed for the natural resources they need or want to ensure or<br />
enhance their livelihoods.<br />
However, the dimensions, level, and intensity of conflict vary greatly. Conflicts over natural resources can<br />
take place at a variety of levels, from within the household to local, regional, societal, and global scales.<br />
Furthermore,conflict may cut across these levels through multiplepoints of contact. The intensity of conflict<br />
may also vary enormously — from confusion and frustration among members of a community over poorly<br />
communicated development policies to violent clashes between groups over resource ownership rights and<br />
responsibilities. With reduced government power in many regions, the resource users, who include<br />
pastoralists, marginal farmers and agro-pastoralists, increasingly influence natural resource management<br />
decisions.<br />
However, the causes of conflict are diverse, and include: limited access to water and pasture resources, loss<br />
of traditional grazing land, cattle raiding, lack of alternative sources of livelihood from pastoralism,<br />
diminishing role<br />
of traditional institutions in conflict management, political incitement, non-responsive governments policy<br />
and intertribal animosity. The complexity of the conflicts is heightened by the presence of international and<br />
regional<br />
boundaries that have affected nomadic pastoralism through creation of administrative units, which split<br />
communities that once lived together. This is true for example, between the Pokot and the Turkana who<br />
occupy parts of Kenya and Uganda. These boundaries have interfered with seasonal movements<br />
(nomadism) that were occasioned by resource dynamics. Proliferation of small arms and light weapons<br />
(SALW) from war torn<br />
countries in the Horn of Africa and the Great Lakes Region (Rwanda, Burundi and DRC) have amplified<br />
the problem. The failed Somalia state coupled with the ongoing civil war in Southern Sudan has resulted in<br />
proliferation of thousands of dangerous arms into the hands of tribal chiefs, warlords and ordinary<br />
tribesmen. Due to remoteness, rugged terrain, underdeveloped<br />
infrastructure and pastoralists’ migratory nature, the formal security system is inaccessible and/or<br />
inappropriate to manage the nature and the magnitude<br />
of the current conflicts. This is why despite the presence of formal security personnel in Kenya, Uganda<br />
and Sudan, conflicts executed in the form of cattle rustling has continued to claim human lives, loss of<br />
property and<br />
destruction of biodiversity."(ITDG, 31 January 2004)<br />
17
Maasai land claims rejected by the government (August 2004)<br />
• One million hectares of Maasai land was leased for 99 years to British settlers in 1894<br />
• The government does not recognise the lease<br />
• The one million hectare area shared among white farmers and black Kenyans, who practice<br />
small-scale farming<br />
• The Maasai want the white farmers to be evicted<br />
"The Kenyan government has rejected demands by ethnic Maasai protesters for the return of land leased to<br />
British settlers 100 years ago.<br />
Lands Minister Amos Kimunya said the government did not recognise the colonial-era treaties.<br />
The original lease expired this weekend on one million hectares of land, traditionally used by the Maasai<br />
and then occupied by white farmers.<br />
On Friday, more than 100 Maasai tribesman demonstrated in Nairobi.<br />
Dressed in traditional regalia, the Maasai handed a petition to the Kenyan lands and justice ministries and<br />
demanded compensation from the UK.<br />
The one million hectare area is now subdivided among some white farmers, who own ranches, and black<br />
Kenyans, who practice small-scale farming.<br />
The Maasai want the white farmers to be evicted and compensation from the British for the land occupied<br />
by the black farmers.<br />
The Maasai Civil Society Group, which represents members of the community scattered in eight districts<br />
throughout Kenya, says if the demands are not met, it will consider legal action." (BBC, 16 August 2004)<br />
"Kenyan riot police have used tear gas to disperse more than 100 Maasai protesters in traditional outfits in<br />
the capital, Nairobi.<br />
The Kenyan police said they used force because the protest was illegal.<br />
The Maasai are demanding the return of farmland leased to British settlers 100 years ago.<br />
The original lease expired last weekend on one million hectares of land but the government says it does not<br />
recognise the colonial era agreement.<br />
"We have arrested quite a number of ringleaders and recovered knives from them because this meeting was<br />
illegal," Nairobi police chief Julius Ndegwa told AFP news agency.<br />
Maasai leaders say up to 10 people were wounded in running battles.<br />
A Maasai statement said their lawyers would take their fight to the Kenyan High Court and the<br />
International Court of Justice.<br />
Protests<br />
Over the weekend, Kenyan police shot dead a 70-year-old Maasai tribesman who was trying to graze his<br />
cattle on a white-owned farm.<br />
18
Four other herdsman were injured in the shooting which took place 40 km north of Nanyuki township in<br />
central Kenya. Police said 71 people, all believed to be Maasai land protesters, were arrested.<br />
Last week the Maasai held demonstrations across Kenya.<br />
The 99-year lease expired on 15 August.<br />
The one million hectare area, mainly in the Rift Valley, is now subdivided among some white farmers, who<br />
own ranches, and black Kenyans, who practice small-scale farming.<br />
The Maasai want the white farmers that remain to be evicted and are seeking compensation from the<br />
British.<br />
The Kenyan government rejected their appeals.<br />
Lands and Housing Minister Amos Kimunya said at the weekend that the government would not condone<br />
the occupation of private farms and ranches by any groups.<br />
"It should be clear that those inciting the youth will face the full force of the law," he said."(BBC, 24<br />
August 2004)<br />
Perpetrators on hire, 1991-2001<br />
• The government blamed the violence on tensions caused by 'land-hungry' tribes and the country's<br />
multi-party political system<br />
• The use of surrogate agents to cause chaos, disrupt rallies, beat up, intimidate opponents or<br />
otherwise defeat a political cause has been referred to as ‘informal repression<br />
"Political violence in the Rift Valley and other areas of western Kenya has cost at least 1,500 lives since<br />
1991 and has caused massive displacement among the local population. At one point the number displaced<br />
may have been as high as 300,000. " (Article 19 October 1997, sect. 2.3)<br />
"The victims were mostly non-Kalenjins, particularly the Kikuyu, Luo, Kisii and Luhya. Yet, the<br />
government blamed the violence on tensions caused by 'land-hungry' tribes and the country's multi-party<br />
political system. The Moi regime's response to the violence was grossly inappropriate. Little was done to<br />
protect or aid the victims while the government obstructed organizations and the press which had sought to<br />
monitor the violence or help the victims. Although some Kalenjin attackers have been convicted, there have<br />
been a disproportionate number of convictions of non-Kalenjins who had obtained weapons to defend<br />
themselves after being attacked.<br />
[...]<br />
Predictions of pre-election violence came to pass in August 1997 when ethnic clashes again took place in<br />
Kenya. The violence along the coast near Mombasa, and in the Rift Valley, have resulted in at least 60<br />
deaths and thousands of displacements. Again, the opposition and government blamed each other for<br />
orchestrating the violent clashes. Kikuyu, Luo and Kisii seemed to be the groups most often targeted by the<br />
violence." (CIDCM October 1999)<br />
"In areas where violence occurred, evidence indicated that the perpetrators were on hire. According to the<br />
interviews conducted by KHRC on the violence at the coast, gangs of young people were recruited, oathed<br />
19
into taking part in causing chaos, and taken into the forests where they received military training. They<br />
were paid about Ksh.500. The raiders were clad in informal uniform or traditional attire symbolically<br />
associated with the local people. Many of the recruits were outsiders brought into Likoni and other affected<br />
areas and familiarised with the region. It is alleged that some were Swahili-speaking Hutu refugees from<br />
Rwanda and some Ugandans who served as trainers. With regard to armaments, former recruits claimed<br />
that they used crude traditional weapons like machetes, bows, arrows and spears, although later some<br />
Somalis said to have escaped from the Utange refugee camp and operating gun-running businesses<br />
delivered guns.<br />
Other groups of people were involved in election violence. They include ethnic militias like the morans and<br />
‘warriors’, hired thugs, secret armies, ‘hit squads’, vigilante groups, personal armies like the jeshi la mzee<br />
and the baghdad boys, and party youth wingers. The use of such surrogate agents to cause chaos, disrupt<br />
rallies, beat up, intimidate opponents or otherwise defeat a political cause has been referred to as ‘informal<br />
repression’. There is no hard and fast evidence to hold anybody directly responsible. Use of surrogate<br />
agents is on the rise in Kenya. They are rowdy groups of young people able to carry out their terror as the<br />
police officers sent into an area ‘to provide security’ watch indifferently. Because they are not formally<br />
organised or recognised, it is difficult to address the problems they cause. Rather, blame for the violence is<br />
placed on the organisers of the disrupted rallies or functions. The government easily denies involvement in<br />
the hooligans activities, condemns the violence and calls for the perpetrators to be arrested.<br />
[...]<br />
Recent developments indicate that simmering ethnic tensions have led to revenge or retaliatory violence.<br />
Multi-ethnic South Rift is most affected as incidents at Baraget and Rare indicate. In these two cases,<br />
skirmishes involving Kalenjin and Kikuyu in 1997-9 led to the displacement of Kalenjin families. In 2000,<br />
retaliatory attacks at the Kaptagat Saw Mill resulted in the demolition or burning of houses belonging<br />
mainly to Kikuyu. Such ‘new’ cases of revenge and population displacement receive little if any national<br />
and international attention because they are small-scale and not related to obvious political incitement."<br />
(JRS March 2001, pp.7-8, 17)<br />
Commercialisation of land occupied by the colonialists important factor behind the<br />
violence during the 1990s<br />
• Relationship between so-called ethnicity and territory is rooted in colonial policies<br />
• The principle of 'willing seller, willing buyer' determined who could own land<br />
• The most violent inter-ethnic clashes were within the former 'white' highlands<br />
• Conflicting rights of the pastoralists and the squatter communities not addressed after<br />
independence<br />
"With the return to pluralism, violence refered to as ‘ethnic cleansing’ or ‘land clashes’ erupted in many<br />
parts of the country, including multi-ethnic regions in the Rift Valley, Coast and Western provinces.<br />
Tensions that often resulted in violence were also prevalent in areas of common borders like Gucha, Trans<br />
Mara, Migori, Tigania and Tharaka Nithi, among others. This violence caused the displacement of<br />
thousands of people and undermined their civic and political rights, especially their right to vote. The<br />
bloody confrontations between supporters of different parties, and the indifference of the government to the<br />
violence drew international attention to the elections, which were described by monitors and observers as<br />
massively flawed.<br />
[...]<br />
Research into the violence indicates that the affected communities were mainly supporters of opposition<br />
parties. The Kenya government got into pluralism involuntarily due to internal and international pressure,<br />
and it is alleged that KANU leaders were firmly resolved on either reverting the country to one party status<br />
or keeping genuine democracy at bay.<br />
[...]<br />
20
The land issue is a problem along district boundaries in other parts of the country as well. It became more<br />
prevalent with the creation of new constituencies and districts because they are viewed as describing tribal<br />
boundaries. In multi-ethnic areas, the creation of a new district has led to the victimization and expulsion of<br />
the ethnic minority. It has affected border areas such as Busia/Teso, Migori/Kuria, Gucha/Kuria,<br />
Gucha/Transmara and constituency boundaries in Meru. Such tension causes displacement of the minority<br />
group. Affected people usually do not move into camp-like settlements, but go to live with relatives or rent<br />
rooms and shanties in towns." (JRS March 2001, pp.5, 6, 11)<br />
"The nexus between ethnicity and geographical space gave the 1990s clashes their unique character. The<br />
campaign against multiparty politics would have had a less violent impact, were it not for this association<br />
[...]. These clashes were attempts to drive away populations seen as 'alien' (non-indigenous) in a bid to<br />
create ethnic homogeneity, presumed to operate as bloc that could offer political support. As 'enemy'<br />
communities were expunged, KANU strongmen urged vigilantes to create and protect KANU zones. For<br />
example, in early 1991, the controversial majimbo rallies promulgated the theory that the Rift Valley was<br />
an exclusive Kalenjin KANU zone. Opposition party leaders were warned not to enter the Rift Valley.<br />
Meanwhile, their presumed supporters were being driven out of the Rift Valley[...].<br />
[...]<br />
Ironically, the relationship between ethnicity and territory is rooted in colonial policies that created the<br />
enviable 'white' highlands. During this period, Kenyans were evicted to create space for settler agriculture.<br />
With independence, the principle of 'willing seller, willing buyer' determined who could own these lands.<br />
People of different ethnic backgrounds, with the ability to purchase these farms, either individually or as<br />
members of co-operatives, became neighbours. Meanwhile, large numbers of people who had been evicted<br />
earlier, but did not have money after independence, remained squatters. The areas that witnessed the most<br />
violent of inter-ethnic clashes were within the former 'white' highlands. The principal areas of conflict<br />
include (1) the Rift Valley districts of Nakuru, Molo, Kericho, Nandi, Uasin Gishu, Trans-Mara, and<br />
Marakwet; (2) the districts that flank Mt. Elgon, namely, Trans-Nzoia, Bungoma and Mt. Elgon, and (3)<br />
Mombasa located in the Coast Province." (Kathina Juma, May 2000)<br />
"Access and rights to land are a key issue of contention in Kenya, particularly in the Rift Valley Province.<br />
The customary rights of the nomadic pastoral communities, including the Kalenjin, to land in the province<br />
were usurped during the colonial period by white settlers, who expropriated much of the best land. The<br />
settlers recruited agricultural labour from neighbouring provinces, particularly the Kikuyu from Central<br />
Province, who became squatters on European farms. After Independence the conflicting rights of the<br />
pastoralists and the squatter communities were not addressed. Many Kikuyu took advantage of land-buying<br />
schemes and settled permanently in the Rift Valley. The area in the Nakuru district affected by the violence<br />
had been settled in the late 1970s by both the Kikuyu and Kalenjin communities. Since 1996 2,000 to 3,000<br />
Kalenjin families have been settled by the government in the forest areas neighbouring the Njoro to Molo<br />
road [ Pressure on land has resulted in forest areas being settled. However, this policy has caused<br />
controversy and many settlement schemes have been challenged, often on the grounds that they ignored<br />
customary rights to the land. This settlement was challenged by the Ndorobo, one of the Kalenjin ethnic<br />
groups.]. These families were from the Bomet and Kericho areas. Prior to the elections the two<br />
communities lived peacefully together." (AI 10 June 1998, sect.2)<br />
Moi government capitalized on unaddressed land ownership and tenure issues<br />
created during the colonial period, 1960-2001<br />
• Kikuyus moved into the Rift Valley Province during the colonial period and after independence<br />
• Large number of Kikuyus bought land in areas inhabited by among others Maasai and Kalenjin<br />
people, in the Rift Valley in the 1960s and 1970s<br />
• Proponents of "Majimboism" have called for the expulsion of certain ethnic groups from the Rift<br />
Valley<br />
21
• Moi's Kalenjin group and the Maasai instigated the violence against other groups in the Rift<br />
Valley<br />
"The Rift Valley is home of people of many ethnic backgrounds. Some communities are pastoralists and<br />
others small-scale farmers. Prior to the multi-party era, these people lived harmoniously together,<br />
intermarried and engaged in trade. In 1992/3, most of the agriculturalists, mainly from Central and Western<br />
provinces, were ordered to return to their ancestral lands, and failure to do so resulted in their being killed<br />
and their property looted or destroyed. Ethnic sentiment and suspicion is deep in South Rift, where there is<br />
a mixture of Kikuyu, Kalenjin and Maasai tribes. Memories of 1992 are still fresh as people remain<br />
displaced. Small differences between individuals rapidly escalate into tribal skirmishes as one tribe is seen<br />
to be attacking the other. The researcher was told of an incident in August 2000 at Baraget where a quarrel<br />
over a wrist watch between two young people from different ethnic groups led to a tribal war that saw to<br />
the death of six. It could have got worse had elders from both tribes not met to find out the root of the<br />
problem. In this part of the Rift Valley, issues are judged according to the ethnicity of the person raising<br />
them, rather than by their merit. See a version of this kind of ethnic animosity in Museveni, Y., Sowing the<br />
Mustard Seed (Kampala: Macmillan, 1998) pp.10-21. Nepotism and favouritism has made matters worse as<br />
people from a particular community have benefited more or at the expense of others. Fear of economic and<br />
political domination by certain communities is evident by the appointment of individuals from particular<br />
tribes to key or strategic government positions." (JRS, March 2001)<br />
"The Moi government capitalized on unaddressed land ownership and tenure issues, dating back to the<br />
colonial period. During colonial rule, pastoral ethnic groups on the land in the Rift Valley area were ousted<br />
to provide land to British settlers. Following independence in 1963, much of this same land was used to<br />
settle squatter laborers who had been previously used as cheap agricultural labor on the settler farms.<br />
After independence, Kenya became a de facto one-party state led by KANU, following the voluntary<br />
dissolution of the Kenya African Democratic Union (KADU) which had advocated ethnic regionalism and<br />
another party, the African People's Party. KANU rule under president Jomo Kenyatta was characterized by<br />
strong Kikuyu nationalist sentiments. Moreover, the land issue was never fully addressed. British settler<br />
interests were safeguarded, while no effort was made to deal with the competing claims of those pastoral<br />
ethnic groups who originally were ousted from the Rift Valley area by the British and the squatter laborers<br />
who subsequently settled on the land. Consequently, large tracts of some of the best farmland in Kenya<br />
remain owned by British settlers. For those settlers who wanted to sell their land, land settlement schemes<br />
were set up with the newly independent government to assist the former squatter labor to buy land either<br />
individually or through collective schemes.<br />
Among the Kikuyu, unlike communal pastoral groups, such as the Maasai and Kalenjin, farming was an<br />
established practice. Accordingly, many Kikuyus were eager to take advantage of the opportunity to<br />
purchase land. Encouraged and assisted by President Kenyatta, a Kikuyu, large number of Kikuyus bought<br />
land in the Rift Valley in the 1960s and 1970s and moved from the overcrowded Central Province. These<br />
farms were at the center of the 'ethnic' violence of the 1990s. The instigators drew on the competing land<br />
claims in order to inflame violence among certain ethnic groups." (HRW June 1997, pp. 37-38)<br />
"No ethnic group in Kenya, except a few of the smallest ones, is culturally and linguistically homogeneous.<br />
The Kikuyu are found in the Central Province and the capital city Nairobi. During British colonial rule, the<br />
Kikuyu, an agricultural people, lost their land to white settlers and took work as laborers on European<br />
farms. In order to relieve their land shortage and demographic stress, they moved into the Rift Valley<br />
Province during the colonial period and after independence. During the rule of Kikuyu President Kenyatta<br />
(1963-1978), they enjoyed political and economic advantages. They are still advantaged economically. The<br />
Kikuyu are strongly in opposition to Moi, but their loyalty is split between the FORD-Asili (Forum for the<br />
Restoration of Democracy), FORD-Kenya and Democratic Parties (DP). FORD was founded in 1991, but<br />
split in 1992. FORD-Asili draws its support mainly from the Kikuyu and Luhya, FORD-Kenya from the<br />
22
Luo and the DP from the Kikuyu. During President Moi's rule, the Kikuyu have been the primary targets of<br />
ethnic violence.<br />
The Luo inhabit the southwestern Nyanza Province. While Oginga Odinga, a Luo and leader of KANU at<br />
independence, held the office of Vice President, the Luo were politically advantaged. But the Luo lost their<br />
political advantage when Odinga defected from KANU and formed the Kenya People's Union (KPU) in<br />
1966. He has continued to be a leading opposition figure and the Luo were targeted for violence between<br />
1991-94.<br />
The term Luhya was first introduced during the colonial period. It is a large linguistic group which consists<br />
of sixteen smaller groups: Bukusu, Dakho, Kabras, Khayo, Kisa, Marachi, Maragoli, Marama, Nyala,<br />
Nyole, Samia, Tachoni, Tiriki, Tsotso, and Wanga. Luhya are concentrated in the Western Province and<br />
adjacent areas of the Rift Valley Province. They were also targeted by the ethnic clashes that erupted in<br />
1991.<br />
The Kisii live primarily in the southwest corner of Kenya in Nyanza Province. In 1964, the Kisii and<br />
Maasai were involved in border disputes that Moi mediated successfully. Between 1991-94, Kisii were also<br />
targeted by the Kalenjin and Maasai. Of the four groups, the Kikuyu and Luo are most united in opposition<br />
to the Moi regime, the Luhya are the least uniformly anti-KANU and anti-Moi, and the politics of the Kisii<br />
are the least known.<br />
Upon Kenyan independence from Britain in 1963, President Kenyatta began to give preferential treatment<br />
to his own Kikuyu group. The Kikuyu obtained much of the fertile land in the process of the Africanization<br />
of the White Highlands. Since Daniel arap Moi (a Kalenjin) came to power in 1978, however, Kalenjin and<br />
Maasai politicians have demanded the introduction of Majimboism (a federal system based on ethnicity)<br />
which would mandate that only members of the original inhabitants (i.e., the Kalenjin and Maasai) would<br />
have political and economic rights in the Rift Valley areas.<br />
President Moi has been repeatedly criticized for the harsh repression of opposition to his government and<br />
for other human rights abuses. Between the end of 1991 and 1994, the country was torn apart by ethnic<br />
violence which pitted Moi's Kalenjin group with the Maasai against the Kikuyu, Luo, Luhya and Kisii.<br />
[...]<br />
Since Moi came to power, Kalenjin and Maasai politicians in KANU have advocated the introduction of<br />
the Majimbo (federalism) system (which was proposed at independence but abandoned by then-President<br />
Kenyatta, a Kikuyu), claiming that the Rift Valley was originally the land of the Kalenjin and other pastoral<br />
groups, including the Maasai, Turkana, and Samburu. These Majimboism proponents have called for the<br />
expulsion of all other ethnic groups from the Rift Valley. If implemented, Majimboism would expel<br />
millions of people (predominantly members from the Kikuyu, Luhya, and Luo) who have settled there<br />
since the 1920s and who had legally bought land since independence. The Rift Valley area is not only the<br />
country's most fertile farmland but also accounts for the largest number of seats in Parliament. Not<br />
surprisingly, ethnic groups that Majimboism proponents proposed to expel from the Rift Valley are those<br />
perceived to support the political opposition." (CIDCM October 1999)<br />
See also:<br />
Displacement during late 1990s increasingly caused by clashes within the same ethnic groups<br />
Ethnic cleansing disguised as what the KANU government called "Majimboism"<br />
• According to the government, majimboism is a form of Kenyan regionalism<br />
• According to its opponents it is nothing less than a form of ethnic cleansing<br />
23
"When, after the end of the Cold War, Moi was confronted with the demand for multi-partyism, his answer<br />
was majimboism. According to the government, majimboism is a form of Kenyan regionalism. According<br />
to its opponents it is nothing less than a form of ethnic cleansing which has encouraged discrimination<br />
against Kikuyu in the Rift Valley province. So the Kikuyu - and the Luo - have been excluded from the<br />
President's cabinet, while numerous smaller peoples have cabinet representation. The state has explicitly<br />
called for the expulsion of all non-Kalenjin, non-Maasai, non-Samburu, and non-Turkana from land in the<br />
Rift Valley. Many observers agree that majimboism has played a pivotal role in inciting the ethnic violence<br />
which has prevailed in the Rift Valley since 1992 and as a result of which hundreds of Kikuyu have been<br />
killed while 250,000 others have been forced to leave their villages. Interviews with the victims of these<br />
clashes and other evidence suggest that groups aligned with Moi assisted the Maasai and Kalenjin KANU<br />
militants by providing training, transport, and sometimes payment. Underlying these conflicts is a life and<br />
death struggle for natural resources, especially land. Since president Moi and his KANU party held onto<br />
power in the 1997 National Assembly elections - albeit with a smaller majority than in 1992 - the situation<br />
has further deteriorated (EPCT, 11 Nov 2000).<br />
Colonial heritage explains contemporary inter-tribal divisions in the Rift Valley, 1918-<br />
2003<br />
• Maasai and Kalenjin were ousted to make way for British settlers who in turn employed farmer<br />
communities from other Provinces<br />
• No effort was made to deal with the competing claims of those pastoral groups originally forced<br />
from the Rift Valley<br />
• The colonial alienation of land robbed the Maasi of grazing land<br />
“Until they were evicted, the ethnic Luo community had inhabited land in the Rift Valley since 1918, when<br />
they were employed as labourers on European-owned sisal plantations, according to Oduor.<br />
In 1971, eight years after Kenya gained its independence, the 'Thessalia people' who were at that time<br />
squatting, came together and purchased the land for some 81,000 Kenya Shillings (about US $1,080 today).<br />
However, their legal claim to ownership of the land is far from certain. Although they still have receipts<br />
showing their purchase, no official deed was ever received, and despite having occupied the area<br />
continuously for over 70 years, the community has no officially recognized proof of land purchase.<br />
According to Human Rights Watch (HRW), land ownership issues in the Rift Valley have remained<br />
unresolved since colonial times, when pastoral groups such as the Maasai and Kalenjin were ousted to<br />
make way for British settlers, who in turn employed labourers, some of whose descendants now live at<br />
Thessalia.<br />
Following independence the land issue was not fully addressed, and no effort was made to deal with the<br />
competing claims of those pastoral groups originally forced from the Rift Valley and the squatter-labourers<br />
who subsequently settled on the land, HRW said in 1997 report.<br />
Some 1500 families in Kenya are currently displaced because there is a dispute of some kind regarding<br />
ownership of their land, and there are places where two or more title deeds exist for the same tract of land,<br />
according to the JRS report.<br />
No recourse to the law<br />
IDPs attempting to seek redress through the courts are faced with prohibitively high legal costs, and a<br />
"culture of silence" in government on the issue, JRS claims.<br />
24
Those who have attempted to seek legal claim to their farms are making little headway because of "the<br />
feeling among lawyers, politicians and the general public that talking of clashes and reparations can only<br />
open old wounds and lead to fresh bitterness and conflict," JRS says (IRIN 14 Nov 2002).<br />
"Colonial land alienation processes fractured pre-colonial economies and inter-ethnic relations. In Kenya,<br />
the Bantu speaking Luhya and Kisii and the Nilotic speaker who had mixed economies, pursed trading<br />
strategies which linked them to the Maasai in a regional system, with the ethnic relations that were<br />
mutually beneficial and helped to neutralize potential rivalry and conflict. Colonial policies created a<br />
common politico- administrative centre, which had the effect of bringing together all “tribes” under one<br />
authority but saw the division of the state into ethnic administrative enclaves, and the confinement of the<br />
“natives” to their reserves. The colonial alienation of land in Nakuru, Laikipia, Nyandarua, Uasin Gishu<br />
and Trans- Nozia in what was traditionally Maasiland robbed the Maasi of grazing land thereby<br />
constraining their economic activities. Large scale land alienation in Kikuyuland engendered squatter<br />
farming among the Kikuyu, especially in white settled areas in the Rift Valley. By 1918, 10% of the<br />
Kikuyu had become squatters. The Anti-Kikuyu crusade between the Kalenjin and the Maasai in<br />
contemporary Kenya has to be explained largely by this colonial heritage." (UNDP, 12 March 2003, p. 11)<br />
Coalition government elected ends 40 years of Kenya African National Union (KANU)<br />
rule (Dec 2002)<br />
• The National Rainbow Coalition (NARC) won a majority of seats in Parliament and close to 60<br />
per cent of the presidential votes<br />
• Voters were able to cast their votes freely and for the candidates of their choice<br />
• Primary education will be free and compulsory<br />
“Kenyans ushered in the new year with a new government after 40 years of Kenya African National Union<br />
(KANU) rule. The National Rainbow Coalition (NARC) won a majority of seats in Parliament and close to<br />
60 per cent of the presidential votes, relegating the former ruling party to the opposition benches. The new<br />
President, former official leader of the Opposition, Mr Emilio Mwai Kibaki, was sworn in on December 30<br />
at a ceremony reminiscent of celebrations in 1964 when the country attained independence.<br />
The swearing in ceremony was witnessed by Levy Mwanawasa of Zambia, Uganda's Yoweri Museveni and<br />
Tanzania's Benjamin Mkapa, as well as South Africa's first lady, Zanele Mbeki, all of whom hailed the<br />
peaceful transition.<br />
NARC's victory hinged on an ambitious list of promises aimed at revitalising the economy and tackling<br />
poverty. In its election campaign, NARC promised to create more than 500,000 jobs every year for the next<br />
five years. On being sworn in, NARC reiterated the promise to tackle corruption by adopting a 'zero<br />
tolerance' approach and privatising all non performing public companies. In addition, primary education<br />
will be free and compulsory as stipulated in the recently enacted Children's Act.<br />
The ruling party said it would spur economic growth by revitalising the investment sector. This would be<br />
done by increasing trade and investment opportunities. In addition, the government pledged to reduce<br />
corporate tax from 30 per cent to 25 per cent, which is hoped to produce rapid business growth.<br />
Improvement of the economy's management and setting aside funds for investment in labour-intensive<br />
public works such as road construction and the building of dams and bridges was also included in NARC's<br />
promises to the electorate. Investment in farming and agriculture would be given priority and loans made<br />
available to farmers. The economic prosperity is expected to provide greater health care. The government<br />
will pay attention to tourism, security throughout the country and restoration of authority to the parliament<br />
and the judiciary.<br />
Former President Daniel arap Moi - who ruled the country since 1978 - retired after completing two fiveyear<br />
terms, the maximum allowed by the constitutional changes made in 1992. The outgoing president has<br />
25
een criticised for failing to clamp down on high-level corruption, which has contributed to the collapse of<br />
the country's economy. The country is also experiencing high levels of unemployment and poor production.<br />
The IMF and the World Bank suspended aid to Kenya in late 2000 because of the government's failure to<br />
fulfil its promises of tackling corruption and privatising key sectors of the economy. In the same year,<br />
Kenya experienced its worst recession since independence in 1963, and last year Gross Domestic Product<br />
actually shrank by 0.3 percent.<br />
Moi's supporters, however, credit him with successfully steering a relatively peaceful country in the<br />
particularly turbulent East African region. However, his decision to declare his own successor within<br />
KANU this year caused a rift within the party, with some prominent party members decamping to the<br />
opposition.<br />
Mr Kibaki's win was not all that much of a surprise seeing that since early December opinion polls by<br />
various local and international institutions had indicated that he was going to win about 68 percent of the<br />
total votes cast. Uhuru Kenyatta, the candidate of the ruling Kenya African National Union and Moi's<br />
preferred successor, was forecast to achieve 21 percent.<br />
Most election monitors gave the elections a clean bill of health saying the outcome was a true reflection of<br />
the will of Kenyans. A European Union 160-member observer team was of the same opinion and described<br />
the election as an important step in the development of democracy. The mission said voters were able to<br />
cast their votes freely and for the candidates of their choice.<br />
A commonwealth observer mission gave a similar glowing tribute to the way the elections were conducted.<br />
The Director General of the United Nations Office at Nairobi said the peaceful and calm conduct of the<br />
elections was a victory for democracy and the integrity of the Kenyan people.<br />
The UN Development Programme supported the elections in its Good Governance for Poverty Eradication<br />
Programme, and in partnership with the Institute for Education in Democracy (IED) and the Electoral<br />
Commission of Kenya (ECK).<br />
UNDP carried out voter education, media campaigns, training of ECK officials, and recruiting, training and<br />
deploying of 177 National United Nations Volunteer (UNV) long term election observers nationwide. The<br />
UNVs were deployed for a period of three months in order to observe the period leading to the elections,<br />
polling as well as the post election period. UNDP also supported the Kenya Domestic Observation<br />
Programme (K-DOP), which deployed around 19,000 national poll observers covering all polling stations<br />
in Kenya.<br />
Thirty seven political parties took part in the elections in which a new president, new parliament and new<br />
civic representatives were elected. Polling went on quietly in many polling stations around the country<br />
without any major incidences of violence. In some centres, the long morning queues had vanished by<br />
midday.<br />
The print and electronic media were praised for offering extensive and diverse coverage of the campaigns.<br />
A directive stopping the state owned Kenya Broadcasting Corporation from airing NARC campaign<br />
messages was revised instantly after the Government realised that it was going against the people's wishes.<br />
Hitches observed during the elections included political violence aimed at both voters and candidates,<br />
omission of voters from voters registers which political parties said was "too large" and could be a<br />
"deliberate" effort to rig elections, open bribery of voters and buying of voters cards.<br />
On Christmas Day, relatives of the KANU presidential aspirant distributed small amounts of money to<br />
women in Mbeere's Gachoka constituency. The relative explained that the money was being given out so<br />
that people attending their rally could enjoy 'tea'. In Vihiga District, four people were arrested on voter-card<br />
buying charges. A total of 213 cards were found on one of the arrested suspects.<br />
The ruling party says it will challenge election results in a number of constituencies in which KANU won<br />
on grounds of rigging. Among those already identified are four constituencies recaptured by KANU's<br />
former cabinet ministers.<br />
They are Keiyo South won by former powerful minister Nicholas Biwot, Nambale taken by former minister<br />
Mr Chris Okemo and Mwatate which was recaptured by Mr Marsden Madoka. The fourth was taken by<br />
KANU's Mr Abdul Barre Ali's in Isiolo South. NARC claimed to have been denied victory through<br />
"massive rigging and election mal-practices."<br />
The ECK had attempted to address the issue of missing names on the voters roll by saying that they would<br />
allow people who had registered in the previous elections to vote but the political parties blocked the move<br />
26
saying it would create room for rigging. The problem was widespread throughout the country and ECK said<br />
they were looking into the matter.<br />
In Wajir, top NARC officials claimed that pre-marked ballot papers were confiscated when a number of<br />
individuals were arrested. The ballot-papers were said to have been marked in favour of a KANU<br />
candidate.<br />
Counting of votes at the polling stations was praised because it improved the openness and transparency of<br />
the democratic process. In the past votes were transported to a central counting hall which created a<br />
loophole for rigging.<br />
The observers praised the ECK saying it was well-equipped and prepared for the task. The team also<br />
commended the commission for acting on breaches on the electoral code and for conducting a widespread<br />
voter education programme.<br />
Preparations for guarding against election rigging started early. At the end of November a group of some<br />
10-15 organizations working toward peaceful elections formed an ad hoc coordination body. One of its<br />
activities was hosting a policy forum workshop entitled, "Addressing Elections Offences." The half-day<br />
workshop was attended by members of the Kenyan civil society, government, the media, and international<br />
organizations to discuss the elections with a specific focus on examining past instances of vote-rigging and<br />
election offences (UN DPMCU, 31 Dec 2002).<br />
Causes of displacement<br />
Main causes of displacement in the Rift Valley, 1992-2002<br />
• The Rift Valley is characterized by violence and organized crime<br />
• Almost every household has a firearm<br />
• The Turkana, the Marakwet and the Pokot communities raiding and counter raiding one another<br />
• Residents are dissatisfied with the exisiting land tenure policies<br />
• Livestock theft has been the major issue of conflict in the region<br />
"An area that was worst hit by the ethnic/Land clashes of 1991/2, with a re-emergence of a more<br />
catastrophic scenario in 1997 taking into consideration the number of people killed in a very short time and<br />
the more sophisticated firearms used, the great Rift Valley is characterized by violence and organized<br />
crime.<br />
The Rift valley communities have endeavored to outpace each other in organized raid practices causing<br />
major insecurity to the whole pastoralist communities. There has been continued and persistent influx of<br />
firearms with almost every household owning one. Firearms trade in cash and in kind tend to be a new<br />
development. Commercialization of cattle rustling poses a great threat to security in the region.<br />
Intermittent attacks, warlike activities, ruthless killings, rape and destruction of property continues to rise at<br />
an alarming rate. The Turkana, the Marakwet and the Pokot continue raiding and counter raiding one<br />
another, a trend that has become habitual. Culturally rooted cattle rustling has led to deep hatred among<br />
these communities.<br />
Resource based conflicts; grazing fields, water resources, land and district borders continue to be witnessed<br />
as pastoralism is the only economic and social livelihood.<br />
27
The attacks have assumed well-organized military tactics: killing, destroying property and burning houses.<br />
Animals are raided in large numbers, even up to over 1,000 in a single raid.<br />
Political motivation into violent conflicts is a frequent phenomenon in this region as is characterized by<br />
political outbursts in the recent past.<br />
The presence of government security forces has very little to contribute to the insecurity in the area as their<br />
systems seem non-complacent.<br />
NCCK, an institution that has worked in and has wide experience of the situation in this area says there is<br />
need to seriously address the looming armed civil strife/massacre in this region.<br />
Communities have been reported to be using such heavy artilleries as hand grenades, bazookas and rocket<br />
launchers as part of raiding gear and community arming against potential attacks.<br />
Conflict causes in the rift<br />
An expansive region covering Trans-mara, Narok, Kajiado, Usin Gishu and Elgeyo Marakwet,<br />
Pokot,TransaNzoia, Laikipia and Nakuru North Rift has distinctive violent causes including:<br />
Land<br />
Residents are dissatisfied by the exisiting land tenure policies and the general legal regime resposible for<br />
land, which do not clearly address land rights and land leases.<br />
At another level, there is evidence of rampant crop theft and crop destruction instigated and executed by<br />
rival communities.<br />
Political manipulations<br />
Politicians have taken advantage of the poverty/ ignorance of the electorate to influence them to fight<br />
against each other.<br />
They are "made" to perceive others as enemies. Hatred and frequent conflicts thus persist within the<br />
region.<br />
Cattle Rustling<br />
Livestock theft has been the major issue of conflict in the region.<br />
A particular cause for concern in the region is the Government's demonstrated laxity in addressing matters<br />
of importance that are sensitive like cross boarder conflicts, cattle rustling, land issues, ethnic tensions and<br />
arms proliferation.<br />
Other conflict causesInclude:<br />
- Grabbing/Sale of communal land and favouritism in it's allocation<br />
- Partisan security agents<br />
- Squatting in communal land<br />
28
- Commercialization of cattle rustling and competition over natural resources namely: land, pasture, water<br />
and livestock.<br />
- Cultural Practices, human and wildlife conflicts<br />
- Political intimidation and illegal firearms" (PDN, 31 December 2002)<br />
Main causes of displacement in Nyanza and Western regions, 1992-2001<br />
• Gangs of disenfranchised youths used by politicians to attack opponents<br />
• Auctioneers, land grabbers and landlords who have problems with their tenants hire these groups<br />
to evict tenants<br />
• Causes of conflict include control of fish landing bays and pricing<br />
• Administrative boundaries have been created according to ethnic criterias<br />
• Poor policies on land demarcation and ownership<br />
Nyanza region<br />
Nyanza is currently one of the most politically violent province in Kenya since the advent of multi-party<br />
politics in 1990.<br />
Hired gangs take charge here, killing, maiming, wounding and destroying valuable property with impunity.<br />
The police and the provincial administration have in most cases been reported to have never taken any<br />
action to apprehend members of these organized gangs and protect civilians continually terrorized by the<br />
same.<br />
No arrests have been made despite the knowledge of some of the leaders of this group. Media serialization<br />
of the groups' activities and their leadership has never influenced any official action.<br />
Kisumu town is now the largest reservoir of these political gangs and the home to the dreaded "Baghdad<br />
and Kondele Boys".<br />
These young people are out for hire to commit dangerous political crimes. They break up political<br />
meetings, kidnap rivals and organize attacks on opponents.<br />
Auctioneers, land grabbers and even landlords who have problems with their tenants hire these groups to<br />
evict tenants.<br />
During the last two mayoral elections at the Kisumu town hall, they violently broke in to force the election<br />
of particular individuals as mayors. During the last mayoral elections in Kisumu for example, one of their<br />
leaders who led them to jam the public gallery dared any of the councillors to oppose Mayor Shabir as he<br />
29
said. "This is not a secret ballot, the voting shall be done by a show of hands. We are ready to slash any arm<br />
raised in the opposition to Mr. Shabir".<br />
In the January, 2001 by-elections in Kenya, Nyanza saw the worst form of political intolerance in South<br />
Mugirango Constituency where a threatening level of participation of the vigilante group Chinkororo was<br />
used and about four people reportedly killed. The M.P. elect had to be hospitalized following the injuries<br />
sustained in the campaign violence.<br />
Violence along the Gucha/Trans Mara border area pitting the Kisii against the Maasai seems unending.<br />
Well over twenty people have been reported dead and scores injured in the last resurgence alone (See<br />
peacenet report on Trans-Mara -Gucha conflict).<br />
Other potential violent conflict issues in Nyanza include control of fish landing bays and pricing and<br />
disfranchised farmers in the sugar belts<br />
Western Region<br />
Cross border conflicts have been widely experienced along the borders of Bungoma, Mt. Elgon, Busia and<br />
Teso districts.<br />
These are large because of: Ethnicization and politicization of land as seen in the creation of administrative<br />
boundaries especially in the Busia, Teso and Bungoma Districts.<br />
Moreover the local people are dissatisfied with the office of the President, as it has refused to honour ethnic<br />
boundaries. They also attribute it to the imbalances in allocationd for development projects.<br />
Conflicts continue to arise as citizens angrily react to mismanagement of local resources, poor distribution<br />
of development aid and capital flight from the region as seen in the exploitation of the Elgon Teak from<br />
Mount Elgon and fish from Lake Victoria.<br />
Cattle rustling has been a recent phenomenon and violence continue to be seen as clans fight in attempt to<br />
retrieve lost property through raiding.<br />
To a larger extent, raiding is instigated on political grounds (rivalry) where politicians incite their electorate<br />
in order to be seen in control/power.<br />
Major conflict sources in these regions include:<br />
Ethnicity/ethnic clashes<br />
Instigated by land grabbing through political maneuvers and administrative rewards. This has fatally stalled<br />
all structures of development.<br />
Political interference<br />
Politicians have capitalized on the ignorance of the electorate to incite them against each [other]. This they<br />
have perfected by misinterpretation of government policies to suit party interests.<br />
30
Land<br />
The value attached to land in the region has perpetuated the recurrent conflicts within the communities.<br />
Other land related conflicts in the region have been attributed to poor policies on land demarcation and<br />
ownership as well as allocation of public land to non-residents as prevalent in in Nyanza province.This has<br />
affected the co-existence of the communities; Luo, Kuria and Suba.<br />
In Western Region, the problems associated with land are as a result of inheritance and multi-ethnicity.<br />
There is no clear policy on land inheritance.<br />
Other issues include the fact that during the establishment of Mumias sugar company 50 thousand locals<br />
refereered to as "abahuyi" were left landless. These are the most dissatisfied lot as they have never<br />
benefited from the establishment of the company.<br />
Further, 70% of sugar cane in Mumias does not belong to the local community while more than 36% of<br />
land is leased to outsiders." (PDN, 31 December 2002)<br />
Land dispute causes deaths and displacements in Marakwet District (September 2004)<br />
• 10 people killed in daylight in Marakwet District<br />
• Villagers have fled the area<br />
• The killings were ignited by a long standing land dispute<br />
"Tension remained high in Tirap division of Marakwet District following killings of 10 people in the area,<br />
as local leaders commenced plans for a mass burial tomorrow.<br />
Villagers continued fleeing from Kapkao village to safer areas in fear of another attack.<br />
The most affected are school children whose education has seriously been interrupted by the clashes.<br />
Security in the area has been beefed up to check on any re-groupings of villagers bent on avenging the<br />
deaths. Some of the villagers are said to be armed with assault rifles.<br />
Last Friday’s killings, which were ignited by a long standing land dispute, were quickly blamed on alleged<br />
laxity of the District Security Committee.<br />
Marakwet West MP David Sudi said the security committe erred by withdrawing police officers from the<br />
area after an earlier incident where a school boy was shot and seriously injured in a dispute over land.<br />
"It is strange the raid took place in broad daylight without the knowledge of the security network," said<br />
Sudi.<br />
Sudi said the government should compensate the victims of the attack because it is its duty to protect the<br />
lives and property of its people.<br />
31
Speaking separately, former area MP John Marimoi said the elders had resolved that the mass burial would<br />
be preceeded by an inter-denominational service at the Chesoi Catholic Church.<br />
Marimoi said the elders had alo resolved that the victims would be buried at the same spot where they were<br />
shot at Tuturung village in Tirap division.<br />
The dead included three women. They were killed when members of Karel clan from Kerio Valley attacked<br />
the Kapkao clan.<br />
The elders were attending a peace meeting that had been called to look into ways of returning animals that<br />
had been earlier stolen by members of the Karel clan.<br />
An elderly woman and two men who were also injured during the attack were admitted to the Kapsowar<br />
Mission Hospital.<br />
The area MP and Minister in the Office of the Vice President, Mrs Linah Kilimo, was among the first<br />
government officials to condemn the killings.<br />
Kilimo who toured the area called for restraint among local residents. She promised that those behind the<br />
killings would be made to face the full force of the law." (The East African Standard, 16 August 2004)<br />
Competion over scarce resources and administrative boundaries cause<br />
displacements among pastoralists (September 2004)<br />
• Cattle raids and conflicts over water and pasture are the major causes of violence among<br />
pastoralist communities<br />
• There are over 100 000 illegal guns in the districts of Turkana, Samburu and West Pok<br />
• The tensions between the communities intensifies whenever there is a prolonged drought<br />
• Clashed erupted in early July 2004<br />
• Shores of the lake was deserted throughout three days of fighting<br />
"The Government's failure to control the large number of illegal guns in northern Kenya has made it<br />
impossible to end insecurity and inter-ethnic hostility in the region, Church and community leaders said.<br />
There are over 100 000 illegal guns in just three districts (Turkana, Samburu and West Pokot), the<br />
chairman of the Samburu Distirict Peace Committee, Moses Lenairoshi, told a reconciliation Mass<br />
celebrated by the Catholic Bishop of Maralal, Rt Rev Virgilio Pante.<br />
The Eucharist was held on Sunday, October 24, 2004 at Malaso, near the place where suspected Pokot<br />
herdsmen shot dead four Samburu men in June.<br />
Bishop Pante prayed for peace among the Turkana, Samburu and Pokot communities. "We like pointing an<br />
accusing finger at the other. But we are all guilty and should seek God's forgiveness," he said.<br />
Cattle raids and conflicts over water and pasture are the major causes of violence among the three<br />
pastoralist communities.<br />
32
The Mass was the conclusion of an intensive peace campaign, dubbed Safari ya Amani (The Journey of<br />
Peace), which was conducted throughout the Diocese, starting in August. Bishop Pante had declared 2004<br />
the Year of Peace in his Diocese.<br />
"What brings all the problems is the gun. If the gun were returned to where it came from, peace would also<br />
return here," said Senior Chief Joseph Nareng' of Barsaloi. "The arm of the law is a long one. But how<br />
come the armed criminals are never arrested? Do they disappear into the sky or down into the earth?" he<br />
wondered."(CISA, 26 October 2004)<br />
"There is little hope of a quick solution to the long-running clashes between members of the Tugen and<br />
Njemps communities over boundary and pasture.<br />
The two communities clashed again last weekend, bringing to the fore the differences that have dogged the<br />
pastoralists.<br />
A shaky peace deal brokered by Baringo District Commissioner John Abduba on Tuesday will come under<br />
sharp focus as a committee of elders meet this morning to review it.<br />
At the centre of the clashes is the lush Ilmania grazing fields located in Salabani Location. Both<br />
communities claim it.<br />
Marigat District Officer Michael Kibet held a six-hour meeting with 20 elders, 10 from each community to<br />
try and resolve the matter — but it did not bear fruits.<br />
He is scheduled to hold another one today seeking to allow the Tugen to graze their cattle in the disputed<br />
area before the final meeting of elders and elected leaders on September 13.<br />
The fight for access to the fields, also known as Ng’arua by the Tugen, intensifies whenever there is a<br />
prolonged drought, as is the case at the moment.<br />
The boundary dispute is interlinked with the same pastures and access to the waters of Lake Baringo,<br />
making an easy resolution difficult.<br />
The Njemps (Ilchamus) are a minority community in Baringo and earliest records indicate they were living<br />
in Ngambo Location at Sindan by 1800.<br />
They are cousins of the Maa speaking communities of Samburu, Narok, Laikipia and Kajiado and today<br />
number about 40,000.<br />
They are found in Salabani, Ng’ambo, Muktani, Eldume Kiserian sub-locations in Marigat and inhabit the<br />
Kokwa area on the Lake Baringo islands.<br />
The community is basically involved in cattle rearing, subsistence farming and fishing in the lake where<br />
they have eked out a living for generations.<br />
An uneasy calm between the two communities when they first clashed in early July was shattered when the<br />
Tugen were denied access to Ilmania by the Njemps last week.<br />
Although the two have lived side by side at Salabani (Njemps) and Bartum (Tugen) for generations, the<br />
hostilities exhibited is proof of the deep passion evoked by the issue of pasture.<br />
33
Their common centre, Kambi Samaki, on the shores of the lake was deserted throughout the three days the<br />
combatants faced off across the Lake Baringo Club Airstrip.<br />
The Tugen from Baringo North accuse the Njemps of encroaching on administrative areas in their division<br />
and denying them access to natural resources.<br />
According to Bartum councillor Richard Kampala, the Njemps have unfairly caused the adjudication of the<br />
Salabani boundary across river Nomolrijo.<br />
As a result, he argues, Sibilo, Loyamorok and Korosi sub-locations have been annexed into Salabani where<br />
the lush pastures and Lake Baringo are located.<br />
Kampala says Korosi and Loyamarok are in Chemalingot in Baringo East, while Sipilo is in Kabaratonjo<br />
division in Baringo North.<br />
Another elder, 50-year-old Joshua Chepsergon says the alterations have resulted in Kambi Samaki being<br />
placed under the Salababani chief and Marigat DO.<br />
"Our argument is that Kambi Samaki and all areas surrounding it are under the Kabaratonjo DO and<br />
Bartum chief," he said.<br />
It is due to the differences that assistant chiefs, Patrick Kiror of Akoren Sub-Location in Bartum, and<br />
William Lempakanyi of Misori in Salabani, were suspended.<br />
The provincial administration believes that the two incited their people in the hope that the busy centre will<br />
fall under their jurisdiction.<br />
Kambi Samaki is boat-landing centre for tourists and a fishing resort for locals, apart from providing access<br />
to the lake.<br />
The leader claims that the boundaries that placed the three sub-locations under Marigat Division were<br />
secretly done IN 1985 by the pervious government to please the Njemps and expand Baringo Central.<br />
However, the Njemps deny the accusations of encroaching on Tugen land, saying the boundary was located<br />
beyond the cliffs in Loruk.<br />
This creates a massive area under their claim and pushes the Tugen on to the rocky, bare and barren land<br />
which they are unwilling to live in.<br />
A Njemps elder and spokesman, Lesiaman Lenongonop, says the land under question, including the entire<br />
grazing land and the lake traditionally belonged to his community.<br />
"We have not locked anyone from the pastures or the lake. Modalities have to be worked out on how to<br />
access through consensus by the elders," he says.<br />
According to Salabani ward councillor Dickson Lenasiolo, the administrative boundaries have never been<br />
tampered with and the two communities know that they are in Marigat Division.<br />
He said the administrative set-up favoured Marigat as the divisional headquarters due to its prolixity and<br />
availability of services.<br />
The civic leader and the spokesman said the recent flare up was caused by the killing of a community<br />
member Nuur Letiren at Kambi Samaki.<br />
34
"We asked our neighbours to keep off the gazing fields until the matter is resolved by they drove in their<br />
animals by force and our morans retaliated," said Lenongonop.<br />
The two communities appear to have set the stage for trouble in 1983 and 1985 when they attempted to<br />
form group ranches to secure land and pastures.<br />
The Tugen came together under the Bartum Group Ranch in 1983 and demarcated their land up to river<br />
Nomolrijo, almost 10 kilometres from Kambi Samaki.<br />
Although their claim was recorded by the District Land Adjudication office, the actual possession of the<br />
land did not take place.<br />
The Njemps, in 1985, formed the Salabani Group Ranch and its boundary was the tarmac road from<br />
Marigat to Loruk and then branches towards Kambi Samaki along the road to Lake Baringo Club.<br />
This in effect created an overlap between the two group ranches and the government has never pursued the<br />
demarcation and registration of the two.<br />
The two groups are unanimous that there appear to be little political will to have a lasting solution, and<br />
efforts are now geared towards bringing on board area MPs Gideon Moi and William Boit.<br />
Little will, however, be achieved, as the Tugen, according to Kampala and Chepsergon, want the colonial<br />
administration maps to resolve the issue once and for all.<br />
On the other hand, the Njemps, according to Lenongonop and Lenasiolo, want the administrative<br />
boundaries as currently drawn out to stay.<br />
They want an arbitration panel of elders constituted from the Chumo and Sawe age groups from the two<br />
communities to resolve the dispute of access to water and pasture.<br />
"The grass and lake are a natural resource but their usage must be on agreement and mutual respect," says<br />
Lenongonop.<br />
According to Abduba, the September 13 meeting will bring together all the elected leaders so that they can<br />
look at the contentious maps.<br />
However, he was categorical that there has never been electoral boundary alterations, but is non-committal<br />
on the fate of administrative boundaries."<br />
Several thousands displaced as tension between resident farmers and pastoralist<br />
communities in the Tana River district broke into armed conflict (2001-2002)<br />
• Continued drought has increased the tensions between the resident farming communities<br />
(Pokomo) and the pastoralist communities (Orma)<br />
• Clashes in November 2001 displaced 3,400 persons<br />
• Renewed violent clashes on 12 January 2002 between the Orma and Pokomo communities<br />
35
"The conflict was initially triggered in December 2000 by a controversial land adjudication programme,<br />
which could have given the Pokomo title deeds to the land they cultivate. The programme was opposed by<br />
the Orma as it could have restricted their access to vital grazing lands, according to regional analysts. 'Land<br />
adjudication is one of the main factors which ignited the clashes,' Murithi [Assistant Development<br />
Coordinator for the international NGO Caritas]said." (IRIN, 18 December 2001)<br />
"Over the last few months [before November 2001], Tana River district has experienced conflicts ranging<br />
from domestic quarrels, to armed conflict between the predominantly Orma and Pokomo communities. A<br />
catalyst for this state of conflict has been the prevalence of natural disasters, like the current drought, plus<br />
diversity in land use practises. Since March 2001, as the drought continued, the majority of the animals,<br />
both wild and domestic moved in to the dry season grazing area around the River Tana Delta (Garsen<br />
Division). This increased the tension between the resident farming communities (Pokomo) and the<br />
pastoralist communities (Orma). The first recorded killings were reported in Ngao village, and it extended<br />
to Mnazini location later on. This tension resulted in the opening of an armed conflict that has claimed, up<br />
to now, more than 50 lives, 120 houses completely burnt down, and also as a direct consequence, a large<br />
number of displaced people." (OCHA 30 September 2001)<br />
"The recent clash in Tana River District occurred on the 18 th November [2001] at Tarasaa and Ngao<br />
claiming 14 lives and displacing 3,400 persons.<br />
The Pokomo and Orma, farmers and pastoralists respectively, inhabit the Tana River district area. Since<br />
December 2000, the two communities have been at conflict over pasture, water and land resources<br />
sometimes resulting in clashes during which property was destroyed, people displaced and lives lost. And<br />
due to these communities insistence on the use of heavy fire arms, education systems and social<br />
development have been disrupted consequently restricting movement and causing food insecurity at the<br />
household level as people are unable to access their farms." (OCHA 30 November 2001)<br />
"The security of some 3,000 people displaced by recent violent clashes in Tana River District, eastern<br />
Kenya, has improved significantly over the last week, according to humanitarian sources.<br />
'Up to yesterday, there have been no incidents for the last week,' Pius Murithi, Assistant Development<br />
Coordinator for the international NGO Caritas, told IRIN on Tuesday. 'There is quietness now, because<br />
people are weary of hitting one another,' he added.<br />
Some families who had fled villages around the town of Hola had begun returning to their homes, the Daily<br />
Nation newspaper on Monday quoted Tana River District Commissioner James Waweru as saying. 'I am<br />
encouraged by the situation, as families are now coming back, although others are yet to return,' he said."<br />
(IRIN, 18 December 2001)<br />
"Five people were killed and two others seriously injured in renewed violent clashes on Saturday [12<br />
January 2002] between the Orma and Pokomo communities in Tana River District, eastern Kenya,<br />
according to humanitarian and news sources.<br />
A group of about 20 Orma pastoralists attacked the Pokomo farming community at Bondeni village, Galole<br />
Division, at 5am local time on Saturday, setting some 37 grass-thatched houses on fire, and stealing 300<br />
goats and 100 head of cattle, Pius Murithi, Assistant Development Coordinator for the international<br />
nongovernmental organisation Caritas told IRIN on Monday." (IRIN, 14 January 2002)<br />
Displacement during late 1990s increasingly caused by clashes within the same<br />
ethnic groups, 1997-2004<br />
36
• Displacement related to intra-ethnic conflicts and cattle-rustling in the Pokot and Marakwet areas<br />
in the Northern Rift Valley (1997-1999)<br />
• Conflicts involves different Kalenjin groups<br />
• People fleeing attacks and seek shelter in caves and other temporary shelters<br />
• Access to modern automatic firearms has made clashes more violent<br />
• Pastoralist communities have from time immemorial fought over water and pasture<br />
"By 1994-1995, inter-ethnic clashes had receded in importance and intensity. Even in areas like Njoro,<br />
which saw intense conflicts after the elections in 1992 and 1997, communities are currently concerned with<br />
issues of return and reconciliation. Thus, sporadic acts, partially linked to resource competition, have<br />
replaced the systematic patterns of attacks that characterised Kenya between 1991-1995 and part of 1997.<br />
These residual attacks are confined to border areas between pastoralists and farmers in search of pastures<br />
and other resources. Nonetheless, when they do occur, they can be violent. The Kenyan newspaper, Daily<br />
Nation reports a macabre murder of at least 40 members of a Kikuyu community in Laikipia District (10<br />
February 2000).<br />
As inter-ethnic clashes decrease, intra-ethnic conflicts, particularly between pastoral groups increase. The<br />
most intense of such conflicts are among the Kalenjin groups who live in the North Rift Valley. Here, the<br />
emerging pattern pits the Pokot on the one hand and the other Kalenjin sub-tribes, particularly the<br />
Marakwet who have suffered most from these conflicts, on the other. For instance, in one publicised<br />
incident, which caused a major outcry, in October 1999, between eight hundred and one thousand raiders,<br />
believed to be Pokot, attacked Tot Centre in Marakwet. Outbursts of staccato gunfire marked this daylight<br />
attack. They killed eleven people, including seven children and three mothers returning from a polio<br />
immunisation campaign at the Tot Health Centre. Locals interviewed said the attackers hailed from<br />
Kolowa, some 40 kilometres from Tot and Tangulbei areas (both Pokot areas). Some Pokots explained the<br />
attack as retaliation for 'persistent' attacks by the Marakwet (Daily Nation 29 December 1999). Following<br />
this attack, the Marakwet-Pokot border has remained pregnant with tension and awash with suspicion. In<br />
the words a feature article in the Kenyan Daily Nation, 'The Marakwet feel vengeful and vulnerable,<br />
[while] the Pokot feel stigmatised and defamed'(12 November1999). Popular belief is that the Pokots<br />
entered alliances with the Sebeiis of Uganda to carry out attacks on other pastoral communities." (Kathina<br />
Juma May 2000, p.52)<br />
"For the past eight months [following June 1997], the Pokot and Marakwet districts in Kenya's Rift Valley<br />
have been rocked by violence between the two resident ethnic groups. Inter-tribal cattle-rustling has long<br />
been a source of tension in the area, but the conflict has escalated in recent months. Thousands of people<br />
from both sides have had to flee their homes and are now living in caves and other temporary shelters with<br />
little or nothing to eat, having been forced to abandon their fields for fear of attacks. The displaced<br />
population has also suffered greatly from diseases such as Rift Valley fever, malaria and pneumonia."<br />
(ICRC 4 February 1998)<br />
The same violence pattern continued during 1999:<br />
"Attacks and revenge counterattacks, part of a longstanding pattern of cattle rustling, continued between<br />
Pokots and Marakwets/Keiyos in Trans Nzoia in the northwest, Boranas and Somalis in North Eastern<br />
province, Ormas and Somalis in Eastern Province, and Kuria and Luos in the west, resulting in scores of<br />
deaths [...]. At least 40 persons were killed in a March 4 cattle raid by Pokots on Turkana in the Turkwell<br />
Gorge area. At least 15 persons were killed in an October 24 cattle raid by Pokots on the Marakwet village<br />
of Tot; raiders killed 10 women and children waiting for polio vaccinations at a health clinic. Also in<br />
October in the Rift Valley members of the Njemps and Turkana ethnic groups fought each other and burned<br />
each others' houses after some inebriated Turkana men reportedly killed an Njemps herdsman." (US DOS<br />
25 February 2000, sect.5)<br />
37
"Clashes between the Marakwet and Pokot communities quickly grew more violent when the fighters<br />
stopped using traditional weapons, such as spears and arrows, in favour of modern automatic firearms.<br />
Several people, including women and children, were killed and large numbers of people fled their villages.<br />
In some cases they took their cattle with them, but the animals proved unable to adapt to the new<br />
environment on the escarpment and many died." (ICRC 6 October 2000)<br />
"Margaret Chemwei, 22, (not her real name) had dreams and ambitions like many young girls of her age<br />
from the Marakwet community.<br />
On September 1999, however, everything she held on to came tumbling down. Armed bandits stormed an<br />
anti-polio vaccination clinic and opened fire on scores of innocent unsuspecting mothers and left 16 of<br />
them dead.<br />
She became bed ridden with bullet wounds that she sustained during the raid and lost the fight for her life in<br />
March 2000 leaving behind a son, who survived the bloody massacre.<br />
Margaret represents hundreds of other Pokots and Marakwets who fall prey to cattle rustlers every time and<br />
again.<br />
Cattle rustling has continued to eclipse the productivity of the two districts and residents have progressively<br />
become more impoverished.<br />
Mr Richard Kireng, who heads a non-governmental organisation that is trying to find a lasting solution to<br />
the constant raids, blames the cross border conflicts on shortages of water and pasture.<br />
The Pokot Environmental Conservation and Livestock Development Organisation (PECOLIDO) boss says<br />
pastoralist communities have from time immemorial fought over water and pasture."<br />
A pattern of attacks- and revenge attacks between different communities has<br />
continued ( 2000-2002)<br />
• Factors contributing to the conflicts include:<br />
• proliferation of guns<br />
• commercialization of traditional cattle rustling<br />
• weakening of state authority<br />
• emergence of local militia leaders<br />
• development of a modern warrior/bandit culture distinct from the traditional culture<br />
" Attacks and revenge counterattacks continued between ethnic groups throughout the country, resulting in<br />
an average of 75 to 100 deaths per month[...]. Significant conflict occurred between ethnic Pokots and<br />
Marakwets, between Pokots and Turkanas, between Turkanas and Samburus, between Luos and Kisiis,<br />
between Boranas and Somalis, and among various Somali clans. Many factors contributed to these<br />
conflicts, including the proliferation of guns, the commercialization of traditional cattle rustling, the<br />
weakening of state authority, the emergence of local militia leaders, the development of a modern<br />
warrior/bandit culture (distinct from the traditional culture), irresponsible local political leadership,<br />
38
shrinking economic prospects for affected groups, a regional drought, and the inability or unwillingness of<br />
security forces to stem the violence" (US DOS February 2001, sect.5)<br />
Summary of the various conflicts as of August 2001:<br />
"The situation in Tana River remains tense although the killings have abated somewhat. This could change<br />
should the Orma/Wardies be forced to return from the Garsen area where they moved, back to the conflict<br />
area in search of water and pasture. The Pokomos are currently reliant of relief food due to the insecurity.<br />
The WFP office in Tana River has been closed. For information on security and to arrange security escorts,<br />
contact the WFP office in Garissa.<br />
Rising prices have been reported in Mandera following the closure of the border with Somalia. The local<br />
administration has re-closed the crossing point having earlier reopened it to pedestrians. Kenya Revenue<br />
Authority Officials, monitoring illegal crossings were shot at by a group they were intercepting. Caution<br />
should be exercised when traveling in the border area, along the main El Wak/Rhamu/Mandera road and in<br />
Mandera town due to the recent threat of vehicle hijack, discontent due to the closure of the border and<br />
disruption of the food relief to the Gedo region due to the border closure. A recent security assessment has<br />
resulted in the opening up to UN/NGO personnel the areas of Takaba, Iresteno and Qofole. This applies to<br />
escorted day visits (1000-1600hrs only). The threat of insecurity as a result of the scramble for depleted<br />
water and pasture has been contained, according to SC (UK) due to ongoing negotiations<br />
Movement across the Kenyan and Ethiopian border in Moyale is currently limited and tensions appear to be<br />
growing.<br />
Tensions between neighbouring clans in Wajir and Mandera are continuing as a result of competition for<br />
water and pasture, particularly in the North and West.<br />
The border between West Pokot and Turkana at the Turkwell Dam area is still tense and there have also<br />
been 4 banditry attacks on the Lokichokkio/Kakuma road. Two unescorted LWF lorries were ambushed, 12<br />
August, 7km outside Lokichokkio town. Armed cattle raiders from Sudan attacked a Turkana manyatta at<br />
Olopei, 12 August, killing animals and overpowering the homeguard. A cattle raid in Lokori division, 13<br />
August resulted in the reported deaths of seven people. The raid, apparently perpetrated by Pokot from East<br />
Baringo, affected some 37 families. Ethiopian pastoralists, numbering approximately 1,000 crossed over<br />
the border into the Tondenyang area of Turkana together with some 20,000 head of livestock but have since<br />
returned to their grazing lands following interventions by local authorities.<br />
Similarly tensions between the Turkana and Baringo Pokots are high in the Lokori area. The Kerio valley is<br />
the site of fighting between Marakwet clans. The issue is thought to revolve around issues related to land<br />
ownership, large scale logging and traditional irrigation.<br />
The District Commissioners of West Pokot, Baringo and Marakwet ordered, 30 August, all police officers<br />
to arrest individuals carrying traditional weapons to market places and people in possession of illegal arms<br />
are to surrender them immediately." (OCHA 31 August 2001)<br />
Raising violence accross Kenya reported in January 2002<br />
"Inter-ethnic clashes and civic unrest in Kenya continued to plague many communities across Kenya<br />
throughout 2001. From the capital, Nairobi, to Turkana in the far northwest of the country, rising tensions<br />
frequently exploded into violent clashes between neighbouring communities, forcing families to flee their<br />
homes, exacerbating food shortages and increasing reliance on emergency relief aid.<br />
Among the clashes to occur in Kenya in 2001, two stood out as examples of the violence prevalent in both<br />
rural and the urban areas of the country: conflict between pastoralists and farming communities over land<br />
and water resources in Tana River District, eastern Kenya; and the sudden outburst of civic unrest in<br />
Nairobi's sprawling Kibera slum.<br />
39
Kenya was now witnessing a rising incidence of violence across the country, ahead of the presidential and<br />
parliamentary elections due this year, just as happened during the country's multi-party elections in 1992<br />
and 1997, according to regional analysts.<br />
In that respect, and especially because of the potential humanitarian consequences, this year's elections<br />
would be a key event on Kenya's social-political landscape, they added.<br />
[...]<br />
According to regional observers and analysts, we may now be seeing the emergence of conflict as a<br />
political tool in the run-up to this year's elections, due to be held by the end of the year." (IRIN 11 January<br />
2001).<br />
Renewed violence in the Rift Valley during 1998 caused displacement similar to the<br />
early 1990s<br />
• Violence in Laikipia area in January 1998 made over 2500 flee the area<br />
• Attacks and counter attacks between Kalenjins and Kikuyus in Njoro area led to the burning<br />
down of 200 houses and 'hundreds of people' fleeing<br />
• Attacks by Kalenjin raiders on unarmed Kikuyus in the Nakuru district during January 1998<br />
• Reduced violence in Rift Valley Province since mid-1998<br />
"In December 1997, Kenyans went to the polls to elect members of parliament and the country’s president.<br />
The elections were conducted in the glare of international publicity, not least because the international<br />
community was seriously concerned about whether the elections would be free and fair. Despite evidence<br />
of electoral irregularities, political violence and a legal framework which favoured the incumbent<br />
government, observers of the elections endorsed the resulting victory of President Moi and the Kenya<br />
African National Union (KANU) as being an expression of the will of the people.<br />
In the wake of the elections, there rapidly followed a waning of international interest in political<br />
developments in Kenya. This was despite the fact that within a month of the elections, politically motivated<br />
ethnic ‘clashes’ erupted in Rift Valley Province. The violence left hundreds of people dead or injured, and<br />
thousands of others displaced from their homes and living in makeshift shelters. It was clear that this<br />
violence was following a pattern similar to that encountered during previous outbreaks of conflict in Kenya<br />
between 1991 and 1994 — prior to and after the country’s first multi-party elections in 1992 — in which<br />
predominantly Kalenjin supporters of KANU attacked members of ostensibly ‘pro-opposition’ ethnic<br />
groups. The important difference between then and now was that for the first time, members of a ‘proopposition’<br />
ethnic group, the Kikuyus, were organizing and actively fighting back." (Article 19 December<br />
1998, sect.1)<br />
"11 January 1998: Violence in the Rift Valley Province began with an attack on a Pokot (sub-group of the<br />
Kalenjin) homestead by unknown raiders. This attack led to revenge attacks beginning 17 January against<br />
Kikuyu families living in Ol Moran, a village in Laikipia region." (CIDCM October 1999)<br />
"On the night of 13 January 1998, some Pokot and Samburu men attacked Kikuyu communities in the<br />
Magande, Survey, Motala, Milimani and Mirgwit areas of Ol Moran in Laikipia. It appears that the<br />
attackers were armed not only with spears, bows and arrows, but also with guns. It was claimed that some<br />
of the attackers were dressed in military-type clothing. It has been estimated that over 50 Kikuyus were<br />
killed during these attacks and over 1000 others fled the area and sought refuge at the Roman Catholic<br />
church at Kinamba, from where they were later relocated to temporary shelters at Sipili and Ol Moran.<br />
40
On 21 January, about 70 unidentified people invaded three farms in Njoro including one belonging to the<br />
newly elected DP Member of Parliament for Molo Constituency, Kihika Kimani. Three days later, groups<br />
of what local residents described as Kalenjins attacked Kikuyus in parts of Njoro in the same constituency.<br />
There were varying explanations given for these attacks. One version of events blamed them on the refusal<br />
of local Kikuyu traders to supply goods and services to Kalenjins in response to the events in Laikipia.<br />
Another suggested that this was simply an unprovoked attack on Kikuyus by local Kalenjin youths. The<br />
attack on Kikuyus on 24 January provoked a counter-attack by a group of apparently well-organized<br />
Kikuyus, who on 25 January attacked Kalenjin residents of Naishi/Lare in Njoro.<br />
According to police reports, 34 Kikuyus and 48 Kalenjins were killed during these initial attacks and over<br />
200 houses were burnt down. Hundreds of people from both communities were displaced by the fighting,<br />
and many of them fled to temporary ‘camps’ at Kigonor, Sururu, Larmudiac mission and Mauche. During<br />
its visit to Kenya the joint mission witnessed the very poor conditions in which displaced people in these<br />
camps were living. Sporadic fighting continued during February and March 1998. By 11 March, police<br />
reports were estimating that at least 127 people had been killed since the ‘clashes’ had begun in January."<br />
(Article 19 December 1998, sect.3.2)<br />
"By the end of January [1998] most of the killings in Laikipia district had stopped. Over 50 people had<br />
been killed, almost all Kikuyu, over 2,500 people had been displaced and 78 Kikuyu houses and stores had<br />
been burnt. There were five reported cases of rape during the attacks. In the previous seven years there had<br />
only been eight reported cases of rape. The majority of those people killed were aged over 60, with the<br />
exception of those Kikuyu killed on 17 January [...]. Not all of the bodies of those killed have been found.<br />
In Nakuru district the violence began late at night on 24 January when Kalenjin raiders attacked unarmed<br />
Kikuyu in their homes in Mauche at 9pm and later at Ndeffo Store Mbili (two stores). The Kikuyu in the<br />
area fled to Naishi, a predominantly Kikuyu area, during that evening and the following day [ Naishi, a<br />
Kalenjin name, is also known as Lare in Kikuyu.]. On 25 and 26 January the Kikuyu responded to the<br />
attacks on their community in an organised manner and attacked unarmed Kalenjin in their homes at<br />
Naishi. Over 35 Kalenjin were killed. Witnesses described being attacked by organised groups of Kikuyu<br />
men carrying pangas and rungus." (AI 10 June 1998, sect.3)<br />
"7 February 1998: Fifteen Kalenjin were killed in recent ethnic violence in the Njoro and Mau Narok<br />
areas. At least 80 people (one report suggests at least 150) have been killed in the region since early<br />
January. Pokot and Samburu, sub-groups of the Kalenjin, are thought to be the main perpetrators of the<br />
violence, and Kikuyu the main victims. A curfew was imposed in the Rift Valley Province's provincial<br />
capital of Nakuru on 5 February. Hundreds of families have fled their homes in Gishu District, and<br />
thousands of others have reportedly been displaced.<br />
[...]<br />
Violence in the Rift Valley follows the pattern of 1991-1994. There is compelling evidence that initial<br />
attacks were organized from outside the communities. Recent attacks occurred only in areas where the<br />
Democratic Party won parliamentary seats. Violence began within days of KANU politicians visiting the<br />
area and verbally threatening DP supporters." (CIDCM October 1999)<br />
"Attacks continued until mid-February. By then over 70 people had been killed many others wounded,<br />
1,500 displaced and over 132 Kikuyu houses and 106 Kalenjin houses had been burnt. The majority of<br />
those killed were Kalenjin. Sporadic incidents continue - at the end of April five people were killed,<br />
including a 20-year-old woman, Helen Njeri Mbuthia, who died as a result of horrific wounds from panga<br />
cuts after her house was attacked by a group of Kalenjin men." (AI 10 June 1998, sect.3)<br />
Since mid-1998 it appears that the violence abated:<br />
"Over the last six months [second half of 1998], the levels of violence in Rift Valley Province have<br />
markedly reduced. The Kenyan government has announced a commission of inquiry which is mandated to<br />
investigate the reasons for the violence in Rift Valley Province since 1991. Furthermore, the bitter dispute<br />
between the Kenyan government and civil society organizations about the shape and direction of the<br />
41
constitutional reform process set in motion during the run-up to the December 1997 elections appears at last<br />
to have been resolved. So do these hopeful developments mean that the root causes of the violence in Rift<br />
Valley Province may finally be addressed? The answer to this question will be ‘no’ unless there is an end to<br />
the culture of impunity and disregard for human rights, which has, prevailed for so long in Kenyan<br />
government circles." (Article 19 December 1998, sect.1)<br />
Displacement caused by fighting in Mombassa region/Coast Province (1997)<br />
• Discontent toward upcountry settlers materialised into violent attacks especially aimed at people<br />
with Kikuyu, Luos and Luhya background<br />
• Gangs of 200-500 people armed with guns, clubs, machetes and bows and arrows attacking<br />
villagers<br />
• "Thousands" of people fleeing to safe havens in Mombasa or inland<br />
"There was a major outbreak of ethnic-targeted violence along the coast in August and early September<br />
[1997], resulting in at least 100 deaths and thousands of people fleeing to safe havens in Mombasa or<br />
inland. Most of the victims were immigrants from upcountry Kenya who had settled along the coast, and<br />
the attacks reflected indigenous ethnic animosity and economic discontent toward the upcountry settlers.<br />
However, there were indications that the violence had political roots, with local KANU political leaders<br />
reportedly involved in the planning. The efforts of security forces to contain the violence were slow and<br />
piecemeal, allowing the violence and the exodus of refugees to continue for many weeks." (US DOS 30<br />
January 1998, sect. 1a)<br />
"Police have arrested 200 people so far [21 August 1997], including a leading KANU member in Mombasa<br />
and the leader of the party's youth wing on the coast, in connection with the ethnic violence that has<br />
surfaced in the Mombasa region. Some 2500 people have been displaced by the fighting and are camping at<br />
Likoni Roman Catholic Church south of Mombasa. The Church is guarded by 40-50 police. The attacks<br />
began in mid-August with gangs of 200-500 people armed with guns, clubs, machetes and bows and arrows<br />
attacking villagers. Kikuyu, Luos and Luhya are the main targets of the attacks, just as they were in the Rift<br />
Valley in 1992. At least 70 people have been killed in the violence.<br />
[...]<br />
Four people are dead in violence in Likoni, a suburb of Mombasa, in fighting between the Maasai and Kisii<br />
communities. Over the past few days [early September 1997], up to 100,000 people have fled Likoni by<br />
ferry. A recent raid on a police station in Likoni left ten police officers dead while the raiders got away with<br />
a large arms supply from the station." (CIDCM October 1999)<br />
"Thousands reportedly remained displaced at year's end [1997], fearful that security personnel were unable<br />
or unwilling to protect them.<br />
Kenya's coastal violence erupted four months before the country's presidential election and appeared to be<br />
politically motivated, according to most neutral observers. Attackers primarily targeted Kenyans who had<br />
migrated to the coastal Mombassa area from other regions of the country, many of them seeking<br />
employment in the area's healthy tourism industry. Leaflets warned 'non-native' families to return to their<br />
'ancestral homes,' and attackers destroyed their houses and businesses.<br />
Uprooted families fled to churches, mosques, and hospitals, where some of them suffered further attacks."<br />
(USCR 1998)<br />
"In August 1997, a series of ethnically-driven attacks in the Coast province killed 40 people and displaced<br />
more than 120,000, adding to the hundred of thousands already displaced in similar violence in the early<br />
1990s. The Kenyan government did not provide adequate security or protection to these people, nor did it<br />
42
take any steps to assist them to return to their homes. Armed gangs from coastal ethnic groups razed<br />
businesses and homes belonging to people from inland tribes." (Nowrojee 1998, p.65)<br />
Politically motivated clashes related to the 1992 election displaced more than 300,000<br />
in the Rift valley<br />
• The majority of the displaced came from the ethnic groups associated with the political opposition<br />
(e.g. Luo, Luhya, and Kikuyu)<br />
• Competing land claims were used to inflame violence among certain ethnic groups<br />
• People displaced as armed "Kalenjin warriors" attacked Luo, Luhya, and Kikuyu farms<br />
• Most attacks carried out by organised groups<br />
"In August 1991, an internal democracy movement had demanded an end to the monopoly on power held<br />
by KANU, which had led Kenya since independence in 1963. President Moi, however, claimed that the<br />
return to multiparty rule would threaten the stability of the state by polarizing the country along ethnic<br />
lines. By the time multiparty elections were held at the end of 1992, it appeared that his claim was accurate:<br />
Kenya's political parties had divided largely along ethnic lines, and 'tribal clashes' in the rural areas of<br />
western Kenya had left hundreds dead and tens of thousands displaced. The great majority of the victims<br />
came from the ethnic groups associated with the political opposition. By 1993, Human Rights Watch/Africa<br />
estimated that 1,500 people had died in the clashes and that some 300,000 were displaced. The clashes<br />
pitted Moi's small Kalenjin tribe and the Maasai against the populous Kikuyu, Luhya, and Luo tribes. For a<br />
while, Kenya, previously an example of relative stability in the region, teetered on the brink of a low-level<br />
civil war.<br />
[...]<br />
As the campaign for multiparty democracy gained strength [during 1991] and then developed into a full<br />
election campaign, violence broke out between different ethnic groups, particularly in the Rift Valley,<br />
Western and Nyanza provinces, the heart of the 'white highlands' during colonial times. The 'tribal clashes,'<br />
as they became known, first broke out in October 1991 on the border of the three provinces, and rapidly<br />
spread to neighboring districts. By December 1991, when parliament repealed the section of the<br />
constitution making Kenya a one-party state, large areas of western Kenya had been affected as tens of<br />
thousands were displaced from their land.<br />
Eyewitness reports of the attacks were remarkably similar. Bands of armed 'Kalenjin warriors' attacked<br />
farms belonging to the Luo, Luhya, and Kikuyu, the groups from which FORD drew its main support,<br />
destroying homes and driving the occupants away or killing those who resisted. The attackers were often<br />
dressed in an informal uniform of red or black t-shirts, their faces marked with clay in the manner of<br />
initiation candidates, and armed with traditional bows and arrows or pangas (machetes). The attacks by the<br />
Kalenjin warriors had in almost all cases been carried out by organized groups. Local Kalenjin often<br />
reported that outsiders had come to tell them that they had to fight and that the Kikuyu or others were<br />
planning to attack them. They also reported that they were promised the land of those they attacked. By<br />
contrast, where counter attacks had been mounted by Kikuyu, Luhya, or Luo, they were usually more<br />
disorganized in character, and by no means as effective in driving people away from their land. The great<br />
majority of those displaced were members of the Kikuyu, Luhya, and Luo ethnic groups.<br />
Although it seemed that the first outbreak of fighting was a simple land dispute between members of the<br />
Luo and Kalenjin groups, the violence rapidly took on the content and ethnic breakdown of the wider<br />
political debate. FORD, the leader of the call for multipartyism, was dominated by Kikuyu, Luo and, to a<br />
lesser extent, Luhya, at both leadership and grassroots levels. Although the coalition included members of<br />
other ethnic groups and based its political platform on the misuse of power by President Moi, it built much<br />
of its appeal on the resentment of its supporters to the domination of the government by Moi's own ethnic<br />
group, the Kalenjin, and its allies, the Maasai. Moi, for his part, portrayed the calls for multipartyism as an<br />
43
anti-Kalenjin movement and played on the fears of the minority ethnicities at the return to power of the<br />
economically dominant Kikuyu. At the same time, he argued that Kenya's multiethnic nature meant that<br />
multiparty politics would inevitably break down on ethnic lines leading to violence.<br />
Kalenjin and Maasai politicians opportunistically revived the idea of majimboism, ethnic regionalism,<br />
championed by KADU at independence. KANU politicians close to Moi revived the calls for majimboism<br />
as a way of countering the demand for multipartyism in Kenya. Under the cover of a call for regional<br />
autonomy, prominent politicians demanded the forcible expulsion of all ethnic groups from the Rift Valley,<br />
except for those pastoral groups-Kalenjins, Maasai, Turkana and Samburu-that were on the land before<br />
colonialism. A number of majimbo rallies were held calling for 'outsiders' in the Rift Valley to return to<br />
their 'motherland,' or for 'true' Rift Valley residents to defend themselves from opposition plots to eliminate<br />
the indigenous peoples of the valley. While many Kenyans have no quarrel with the concept of regionalism,<br />
per se, they viewed these calls as nothing less than ethnic expulsions." (HRW June 1997, pp. 36-39)<br />
Peace efforts<br />
Peace efforts in the Rift Valley<br />
• Peace initatives include:<br />
• Formation of Self help groups, peace building committees (PBC), Mediation workshops, Relief<br />
food programmes, Civic education<br />
• Obstacles to peace initiatives are: limited human and financial resources, lack of proper coordination,<br />
mistrust between and among the affected people<br />
"An area most affected by tribal clashes and cattle rustling and land ownership, peace processes in the<br />
region has not enjoyed any goodwill from the Government nor that of local politicians. However,<br />
remarkable efforts to restore peace in this vast region has been experienced.<br />
A sizable number of relief, advocacy and development agencies work in this region including the National<br />
Council of Churches of Kenya (NCCK), the Catholic Justice and Peace Commussion (CJPC), provincial<br />
administration, NPI/Roman Catholic, ECJP, Clean, GTZ, PACVAC, SACDEP, OXFAM the media and the<br />
donors.<br />
Their intiatives have encompassed analysis of the situation on the ground in affected arrears and coming up<br />
with methodologies of reconciling warring groups.<br />
A number of response to conflicts and peace initiatives that have been tried out include: formation of Self<br />
help groups, organisation of Mediation workshops, Relief food programmes, Formation of peace building<br />
committees (PBC), Civic education, and the establishment of a case monitor.<br />
Activities that have promoted interactions include: Good neighborhood groups, Seminars, Ball<br />
games/youth festivities, rehabilitating social structures e.g. schools police posts, emergency interactions,<br />
food, resettlement facilities, farm input, economic empowerment; women and youth and awareness<br />
creation; posters and updates.<br />
However, shortcomings are realised as a result of:<br />
1. limited resources both human and financial.<br />
2. Lack of proper co-ordination between the actors.<br />
44
3. Mistrust between and among the affected people, peace workers and leaders mainly due to lack of<br />
accountability and transparency."(PDN, 31 December 2002)<br />
Peace efforts in the Nyanza and Western regions, 2001<br />
• Peace efforts include: civic education, establishment conservation and research teams<br />
• Obstacles include: lack of goodwill from the political and provincial administration<br />
Response to conflicts<br />
Different organizations have come up to partner in their efforts to adress the root causes of violence and<br />
resolve impeding conflicts in the two regions of Nyanza and Western Kenya. Intitiaties in place has<br />
included civic education, establishment if Mt. Elgon forest and Lake Victoria conservation and research<br />
teams and advocacy.<br />
Challenges<br />
The major limitation in this region is the lack of goodwill from the political, the provincial administration<br />
and other respective leaders.<br />
Strategic Visioning and plan of action<br />
Nyanza and Western Kenya region representatives' attending the "national strategic visioning and planning<br />
forum on rapid response, early warning and emergency intervention" developed a vision of " A country<br />
that has a systematic governance that articulates a rich but relevant profile, a thriving economy and<br />
acceptable political leadership that allows accountability, transparency, dialogue co-existence, human<br />
dignity and value" for Kenya.<br />
Rapid Response Initiative: Regional Plan of Action<br />
Consultative meetings with administration, the civic society and political leaders(mobilization<br />
1st Week of June 2001<br />
Regional executive committee Nyanza: Rev. Joe Asila - Chairman Western: Mr. Muga- Chairman<br />
13 districts - Nyanza Mt. Elgon - Western<br />
Regional<br />
Formation of Peace Committee<br />
May - June 2001<br />
Regional Peace Committee in Liaison with the National PeaceNet secretariat<br />
Mt. Elgon - Western Kenya 13 distribution<br />
Regional<br />
Training of Trainers (TOT)<br />
July 2001<br />
Nyanza and Western Regional Teams<br />
Nyanza and Western<br />
45
Regional<br />
Fundraising<br />
May - June, 2001<br />
PeaceNet Secretariat (Co-ordination)<br />
Stake holders, well wishes (Donor Agencies/foundation e.g. NPI, OXFAM, ACTIONAID & USAID<br />
National<br />
" (PDN, 31 December 2002)<br />
Peace efforts in the North Eastern Province, 1992-2003<br />
• Men, women and children were ruthlessly butchered and thousands of livestock lost<br />
• Door-to-door peace campaigns<br />
• Women convinced not to catalyse the conflict<br />
• Elders encouraged warriors to seek cease-fire and organise reconciliatory meetings<br />
• Faithbased leaders who preached peace in open-air markets across the district<br />
•<br />
"Wajir district lies in the expansive but explosive north eastern province. The district borders Somalia to<br />
the North East and Ethiopia to the north. It also borders Moyale, Marsabit, Garissa, Mandera and Isiolo<br />
districts of Kenya. The district is arid and only supports nomadic pastoralism.<br />
Conflicts in Wajir district are pegged on livestock resource constraints. Competition over the control and<br />
use of pasture and water resources among different clans and the people of the neighbouring districts,<br />
explains the gruesome conflict.<br />
Wajir’s geographic proximity to neighbouring war torn states has aggravated the situation. Guns have<br />
easily found their way into hands of clan chiefs and fellow clansmen and most disturbingly, into the hands<br />
of blood-baying hot-blooded warriors who believe in nothing but victory.<br />
With the influx of small arms into a district whose resource base is unstable, the last thing you need is<br />
political incitement. Unfortunately, it happened in 1992. The region suffered a devastating drought in 1991,<br />
the year that preceded the infamous 1992 general elections. As if that was not enough, the Somali Central<br />
Government collapsed, leading to a surge in the number of refugees, and more guns.<br />
Men, women and children were ruthlessly butchered and thousands of livestock lost. The loss was so<br />
devastating that community members demanded for peace and nothing but peace.<br />
The local initiative that later became the current model Wajir Peace and Development Committee (WPDC),<br />
commenced with door-to-door peace campaigns. Convincing women not catalyse the conflict, but instead<br />
deconstruct the mind of the warrior was one of the vital approaches the Wajir leaders emphasised. The<br />
women, who were drawn from different clans in the district heeded the call and formed the Women for<br />
Peace Group. The support of civil servants was also enlisted in the peace campaigns. The women and<br />
young local civil servants merged into Wajir Peace Group.<br />
46
The peace crusaders next target was the elders. They approached the elders encouraging them to seek<br />
cease-fire and organise reconciliatory meetings between the warring clans. Elders for Peace group was<br />
formed.<br />
The fourth target group were the faithbased leaders who preached peace in open-air markets across the<br />
district. The four groups worked together and in a short period of time, peace was restored in the district.<br />
The peace group found it prudent to enlist government support in their peace endeavours. A series of<br />
meetings between the peace groups and district security committee were held and in May 1995, the peace<br />
groups and the DSC merged under one umbrella body called Wajir Peace and Development Committee<br />
thus the current WPDC, which has become a model homegrown peace initiative, was born. It immediately<br />
embarked on a mission to build peace using customary mechanisms.<br />
To date, WPDC has initiated a number of development projects that are envisaged towards nurturing a<br />
culture of peace in the district. Rapid response to conflict exigencies in the district by the peace body has<br />
repulsed otherwise deadly cattle raids. Peace education in schools was introduced to reconstruct and<br />
decolonise the minds of the growing youth. Peace Education Network (PEN) has become part of the school<br />
curriculum in the district.<br />
The peace committee has to their credit rehabilitated youth polytechnics in the district to equip the youth<br />
with skills that will enable them pursue alternative livelihoods and occupations. Conflict victims and school<br />
graduates have greatly benefited from the rehabilitated technical institutions.<br />
Based on such a background and experience WPDC believes that peace is a collective responsibility, it is a<br />
group effort."(ITDG, 29 August 2003)<br />
47
POPULATION FIGURES AND <strong>PR<strong>OF</strong>ILE</strong><br />
Global figures<br />
360,000 IDPs reported in Kenya (May 2004)<br />
• The Kenya Human Rights Commission argues in September 2004 that there could be beyond<br />
600,000 IDPs<br />
• UNOCHA uses, as of May 2004, the figure of 360,000 IDPs taken from a comprehensive report<br />
of December 2002<br />
"The Kenya Human Rights Commission, which has been working with IDPs for several years now, argues<br />
that the total number could well be beyond 600,000.<br />
This could be the case when you consider that in the run-up to the multiparty elections of 1992, up to<br />
300,000 people were forced to flee their homes in the Rift Valley Province alone.<br />
Alternatively, the violence in the Coast region caused up to 120,000 people to abandon their homes and<br />
resulted in at least 100 deaths."(The East African Standard, 12 September 2004)<br />
"Victims of the 1992 tribal clashes are demanding compensation amounting to 31.2 billion shillings (over<br />
400m dollars) from the government. The victims are also demanding that a pending parliamentary Bill on<br />
their rights be passed and implemented and that they be resettled. These IDPs number more than 360,000<br />
and were displaced due to tribal clashes preceding and surrounding the 1992 and 1997 elections."(UN<br />
OCHA, 31 August 2004)<br />
“ The table below shows the present [December 2002] location and number of IDPs in Kenya. A map of the<br />
distribution and a table of exact numbers at each location are attached as Annexes 2 and 3 of the report.<br />
Originally displaced from Contendi<br />
ng<br />
parties<br />
Nandi<br />
Miteitei farm<br />
Tinderet<br />
Nyando<br />
Buru Farm, Ainamoi, Thessalia<br />
Bungoma<br />
Chemondi, Kimama Kapkanai<br />
Kalenjin/<br />
non-<br />
Kalenjin<br />
(Kisii,<br />
Luo,<br />
Luhyia)<br />
Kalenjin<br />
vs Luo<br />
Bukusu<br />
vs<br />
Sabaots<br />
Conflict<br />
issues<br />
Land<br />
ownership<br />
,<br />
Majimboi<br />
sm and<br />
political<br />
incitement<br />
Border<br />
dispute,<br />
cattle<br />
rustling<br />
Cause of<br />
nonreturn<br />
Land<br />
dispute<br />
Land<br />
occupied<br />
Insecurit<br />
y, stock<br />
theft<br />
Current<br />
Location<br />
Hamisi,<br />
Tinderet<br />
Estate,<br />
Mtwala B,<br />
Nyamira<br />
Kabazi<br />
Lailai,Koru<br />
, Owanga,<br />
Lailai,<br />
Muhoroni,<br />
Mtwala<br />
Mulatwa,<br />
Kimaboli,<br />
sirisia,<br />
Namwela<br />
No. Needs<br />
279<br />
632<br />
123<br />
0<br />
Legal<br />
aid,<br />
Source<br />
of<br />
income<br />
Legal<br />
aid to<br />
return<br />
Securit<br />
y,<br />
shelter<br />
material<br />
48
Mt Elgon<br />
Sasure, Kapsika, Chesiro, Chebwek,<br />
Kang’ng’a,<br />
Kolongolo, Kapkoi, Matumbei,<br />
Kimondo, Buyanzi, Twiga,<br />
Chemgemge,<br />
Kacheliba, Kipsis, Peresten,<br />
Bukusu,<br />
Teso,<br />
Sabaot<br />
Bukusu<br />
vs<br />
Sabaot,<br />
Bukusu<br />
vs Pokot<br />
Pokot vs<br />
Ugandan<br />
Sebei<br />
Kisumu Sondu<br />
miriu<br />
power<br />
plant vs<br />
the<br />
natives<br />
TransNzoia<br />
Chekata, Mariki, Sivanga, Maram,<br />
Baharini, Bondeni, Ukingoni, Mango<br />
Luhya vs<br />
Pokot/<br />
Sabaot<br />
Border<br />
dispute,<br />
cattle<br />
thefts,<br />
political<br />
difference<br />
s<br />
Cattle<br />
theft,<br />
border<br />
dispute,<br />
support<br />
Cattle<br />
raids,<br />
effects of<br />
small<br />
arms<br />
Developm<br />
ent<br />
induced<br />
(Sondu<br />
Miriu)<br />
Cattle theft,<br />
illegal<br />
grazing,<br />
small arms<br />
Insecurit<br />
y, land<br />
disputes,<br />
building<br />
materials<br />
Insecurit<br />
y, land<br />
disputes<br />
trauma,<br />
poverty,<br />
lost title<br />
deeds,<br />
squatters<br />
Insecurit<br />
y<br />
Surrende<br />
red land<br />
to govt<br />
Rape,<br />
kidnappi<br />
ng<br />
Cheptais,<br />
Chebwek,<br />
Chwele,<br />
Kimilili,<br />
Kapkoi,<br />
Matunda,<br />
Mitume,<br />
Matisi,<br />
Namanjalal<br />
a, Tiwani,<br />
Liavo,<br />
Bosnia<br />
Chechnya,<br />
Sango<br />
Khalwenge<br />
, Ndalu,<br />
Moi’s<br />
Bridge,<br />
Domiano,<br />
Kiminini<br />
Tongareni,<br />
Kanyarakw<br />
at,<br />
Kanyerus,<br />
Nakuyen,<br />
Keringet,<br />
Kelan<br />
Kisumu<br />
town<br />
Louis Farm,<br />
Kapkoi<br />
Kolongolo,<br />
Sidu<br />
774<br />
968<br />
*<br />
9,00<br />
0<br />
300<br />
556<br />
*<br />
s,<br />
Securi<br />
ty<br />
shelter,<br />
health<br />
care<br />
Securi<br />
ty,<br />
Medici<br />
ne,<br />
shelter<br />
material<br />
s<br />
As<br />
above<br />
Alternat<br />
ive<br />
settlem<br />
ent,<br />
shelter<br />
Securit<br />
y,<br />
medical<br />
services<br />
,<br />
buildin<br />
g<br />
49
Uasin Gishu<br />
Kalenjin<br />
Turbo, Kipkaren, Kambi Limuru, vs other<br />
Cheplaskei, Londiani<br />
tribes<br />
Burnt Forest,<br />
Kiptega, Bindura, Kaplanga, Chagaya,<br />
Mugumoini, Rironi, Geiti<br />
Nakuru<br />
Olenguroune<br />
Simotune, Abosket, Cheptuoch,<br />
Amaro, Saosa, Kiptagich<br />
Subukia, Baruti, Kihingo, Mwariki,<br />
Rare, Deffo, Ronda, Mauche<br />
Molo, Elburgon<br />
Kalenjin<br />
vs non<br />
Kalenjin<br />
Maasai<br />
vs<br />
Kikuyu;<br />
GOK<br />
directive<br />
to vacate<br />
forest<br />
land<br />
Kalenjin<br />
vs<br />
Kikuyu<br />
Politics,<br />
land<br />
disputes<br />
Land<br />
claims,<br />
politics and<br />
effects of<br />
majimbois<br />
m<br />
Settlemen<br />
t on<br />
forestland<br />
Politics,<br />
land<br />
disputes<br />
Ethnic<br />
tensions,<br />
building<br />
materials<br />
Insecurit<br />
y<br />
Lack of<br />
building<br />
materials<br />
Squatters<br />
, waiting<br />
for<br />
reallocati<br />
on,<br />
Region<br />
gazetted<br />
as forest<br />
land<br />
Squatters<br />
, lost<br />
title<br />
deeds,<br />
insecurit<br />
Soi,<br />
Matunda,<br />
Mau<br />
Summit,<br />
Langas,<br />
Turbo<br />
town,<br />
Kambi<br />
Mawe,<br />
Kambi<br />
Miwa<br />
Sorget,<br />
Kivuno,<br />
Pondo,<br />
Kamwingi,<br />
Burnt<br />
Forest<br />
town<br />
Elburgon,<br />
Molo,<br />
Nakuru<br />
town,<br />
Njoro town<br />
, Kieni<br />
Kamwaura,<br />
Kedowa,<br />
Kabazi,<br />
Kamara,Du<br />
ndori,<br />
2,56<br />
0<br />
5,30<br />
0<br />
680<br />
2,36<br />
5<br />
material<br />
s<br />
Shelte<br />
r<br />
materi<br />
als,<br />
health<br />
care,<br />
legal<br />
aid<br />
Legal<br />
aid,<br />
shelter<br />
material<br />
s,<br />
health<br />
care<br />
Legal<br />
aid,<br />
shelter,<br />
health<br />
care,<br />
Securit<br />
y,<br />
buildin<br />
g<br />
material<br />
50
Narok<br />
Enoosupukia<br />
Olekuruto, Naiberiri, Esupuko,<br />
Nasabulai, Saktwik, Nairegia Enkare,<br />
Enoosiyia, Konjonka<br />
Elgeyo Marakwet<br />
Tirap, Murkutwo, Tot, sambalat. Liter<br />
West Pokot: Amolem, Sarmach, Lous,<br />
Orwa, Karaya<br />
Kapenguria, Makutano<br />
Kalenjin Land<br />
vs non- disputes,<br />
Kalenji politics<br />
Kalenjin<br />
vs<br />
Kikuyu<br />
Maasai<br />
vs<br />
Kikuyu<br />
and non-<br />
Maasai<br />
Pokot vs<br />
Marakw<br />
et<br />
Pokot vs<br />
Turkana<br />
Pokot vs<br />
Kikuyu<br />
Land<br />
claims,<br />
politics<br />
and<br />
effects of<br />
majimbois<br />
m<br />
Settlemen<br />
t on Water<br />
catchment<br />
s and<br />
forests<br />
Cattle<br />
rustling<br />
Border<br />
dispute,<br />
resources<br />
Border<br />
disputes,<br />
cattle<br />
theft<br />
Political<br />
difference<br />
s &<br />
majimbois<br />
m<br />
y Bahati,<br />
Nakuru<br />
town<br />
Trauma,<br />
Insecurit<br />
y, lack<br />
of<br />
building<br />
materials<br />
Ethnic<br />
tension,<br />
insecurit<br />
y,<br />
trauma,<br />
sold the<br />
land<br />
Region<br />
gazetted<br />
as<br />
forestlan<br />
d,<br />
squarters<br />
Insecurit<br />
y, lack<br />
of<br />
building<br />
materials<br />
Insecurit<br />
y<br />
Sold<br />
land,<br />
land<br />
disputes<br />
Burnt<br />
Forest<br />
town,<br />
Kaptewa,<br />
Lanet,<br />
Kenya<br />
Meat and<br />
‘London’<br />
in Nakuru<br />
town<br />
Keringet,<br />
Kuresoi,<br />
Molo<br />
South,<br />
Saosa,<br />
Bahati,<br />
Kamwaura,<br />
Mau<br />
Summit,<br />
Dundori<br />
Maela,<br />
Ngondi,<br />
Naivasha,<br />
Gilgil,<br />
Nakuru,<br />
Kinungi,<br />
Kinari,<br />
Baraget<br />
Chesos,<br />
Tot,<br />
Chesongoc<br />
h, Lagam,<br />
Lomut,<br />
Arpolo<br />
Cherangan<br />
y<br />
escarpment<br />
Marich<br />
Pass,<br />
Orwa,<br />
Silip,<br />
Sigor,<br />
Chesogon,<br />
Riting<br />
Kesogon,<br />
Aruba,<br />
Kipsaina,<br />
Kapsara,<br />
Huruma<br />
1,70<br />
0<br />
4,00<br />
0<br />
4,36<br />
8<br />
323<br />
5*<br />
791<br />
*<br />
s,<br />
health<br />
Securit<br />
y, legal<br />
aid,<br />
health<br />
care,<br />
shelter<br />
material<br />
s<br />
Securit<br />
y,<br />
means<br />
of<br />
liveliho<br />
od<br />
health<br />
care<br />
Legal<br />
aid,<br />
means<br />
of<br />
liveliho<br />
od<br />
health<br />
care<br />
Securit<br />
y, food,<br />
means<br />
of<br />
liveliho<br />
od<br />
shelter,<br />
health<br />
Securit<br />
y, food,<br />
means<br />
of<br />
liveliho<br />
od<br />
health<br />
care<br />
Legal<br />
aid,<br />
means<br />
of<br />
liveliho<br />
51
Isiolo<br />
Lapsu, Garchaba<br />
Meru North<br />
Kina, Mulika<br />
Meru,<br />
Somali,<br />
Samburu<br />
and<br />
Turkana<br />
Meru &<br />
Samburu<br />
Migori<br />
Luo vs<br />
Ochodororo, Toku, Kitere, Riosiri, Kisii<br />
Chamngewada<br />
TransMara<br />
Maasai<br />
Gucha border area, Nyangusu, Getenga, vs Kisii<br />
Konangare, Maroo<br />
Laikipia<br />
Pokot,<br />
Ol Moran, Rumuruti, Mukogodo, Tugen<br />
Doldol, Mijore, Dam Samaki, Magadi, Turkana,<br />
Merigwet<br />
samburu,<br />
Kikuyu<br />
Tana River<br />
Garsen, Oda, Ngao Golbanti, Furaha,<br />
Mombasa<br />
Likoni, Waa, Mbuta<br />
Shonda Ujamaa<br />
Kwale<br />
Ng’ombeni, Diani, Ukunda<br />
Digo vs<br />
commun<br />
ities<br />
from<br />
upcountr<br />
y<br />
Digo vs<br />
commun<br />
ities<br />
from<br />
upcountr<br />
y<br />
Border,<br />
cattle<br />
rustlng,<br />
banditry<br />
Banditry,<br />
cattle<br />
raids<br />
Cattle<br />
rustling<br />
land<br />
disputes<br />
Border/et<br />
hnic<br />
disputes,<br />
cattle<br />
raids, clan<br />
rivalry<br />
Banditry,<br />
ethnic<br />
tensions,<br />
rustling<br />
Insecurit<br />
y<br />
Land<br />
dispute,<br />
generalis<br />
ed<br />
insecurit<br />
y<br />
Insecurit<br />
y, cattle<br />
rusling,<br />
building<br />
materials<br />
Insecurit<br />
y, lack<br />
of<br />
building<br />
materials<br />
Insecurit<br />
y,<br />
drought,<br />
rape<br />
Building<br />
materials<br />
Banditry Insecurit<br />
y, lack<br />
of<br />
building<br />
materials<br />
Majimboi Lack of<br />
sm, means to<br />
politicised reconstru<br />
grievance ct homes<br />
s<br />
Majimboi<br />
sm,<br />
politicised<br />
grievance<br />
s<br />
Trauma,<br />
poverty<br />
lack of<br />
building<br />
materials<br />
Gambella,<br />
LMD,<br />
Ngaremare<br />
Mulika,<br />
Kunati<br />
960<br />
768<br />
Moi Institute<br />
of<br />
Technology,<br />
Ongo Health<br />
Centre, 189<br />
Kanyimach, 0*<br />
Kamigudho,<br />
Omwari,<br />
Rongo<br />
Kilgoris,<br />
Awendo,<br />
Ranen<br />
Kinamba,<br />
Kang’a Ol<br />
Moran,<br />
Survey,<br />
Kahuho<br />
Returned<br />
but<br />
dispossesse<br />
d<br />
Went<br />
upcountry<br />
or returned,<br />
but are<br />
dispossesse<br />
d<br />
570<br />
370<br />
*<br />
od<br />
Securit<br />
y, food<br />
Securit<br />
y,<br />
health<br />
care<br />
Securit<br />
y,<br />
Food,<br />
shelter<br />
material<br />
s,<br />
health<br />
care<br />
Securit<br />
y,<br />
health<br />
care,<br />
shelter<br />
material<br />
s<br />
Securit<br />
y, food,<br />
shelter<br />
material<br />
s<br />
Securit<br />
y, food,<br />
shelter,<br />
health<br />
care<br />
Legal<br />
aid<br />
Legal<br />
aid<br />
Eldoret,Molo, Mombasa, other clash Kalenjin Politicised (Repatria Nyeri, 112 Legal<br />
52
torn areas vs<br />
Kikuyu<br />
ethnicity ted by<br />
the<br />
Catholic<br />
Church)<br />
Ndemi in<br />
Ol Kalou,<br />
Sosian,<br />
Sihundu in<br />
TransNzoia<br />
, Kyeni in<br />
Thika<br />
Total No. of families 44, 421<br />
Total population @ 8 355,368<br />
* Figures drawn from latest updated records of No. of families IDPs camp<br />
(UN DPMCU, Dec 2002, pp. 26-28)<br />
JRS report divides the IDPs into seven categories (2001)<br />
• displaced land owners<br />
• insecure displaced land owners<br />
• displaced squatters<br />
• dispersed displacees<br />
• ‘revenge’ displacees<br />
• orphans<br />
• displaced pastoralists<br />
5* aid<br />
"The displaced people received lots of local and international attention in the early ’90s as human rights,<br />
humanitarian and development agencies condemned the violence and advocated for them. The violence,<br />
and media coverage, subsided after the elections, and it was assumed that calm had returned to affected<br />
areas and people gone back to their farms. A fair section of the displaced returned, but others did not. These<br />
include:<br />
displaced land owners who lost the legal right of land ownership<br />
These are people who had title deeds to their plots but returned to find that there had been transactions<br />
involving sale or transfer of their land without their knowledge. Some found their farms redistributed to<br />
people from certain ethnic groups, and their share certificates or title deeds were ignored as ‘invalid.’ They<br />
are now living as squatters. Another group of land owners are those whose title deeds are invalid because<br />
their land falls within areas recently gazetted as forest or water catchment areas and have not been resettled<br />
on alternative land. Some of these have been resettled on another forest, but cannot till the land because the<br />
trees in that forest have been sold to a private lumber company.<br />
insecure displaced land owners<br />
Such displaced have access to their land, but cannot reconstruct their homes or initiate long term<br />
development projects because of persistent tension and insecurity. They can be found in parts of Mt. Elgon,<br />
Molo, Njoro, Nakuru and surrounding areas. Some are able to cultivate their farms, but do so from the<br />
safety of nearby shopping centres where they have rented shanties. Many witnessed the destruction of their<br />
property, sometimes by people they knew, and hence fear that those who attempted to evict them then may<br />
try again. They earn their living by small-scale farming or by providing casual labour to ADC farms or<br />
flower-growing companies. Others are hawkers, beggars, touts or hand-cart operators.<br />
displaced squatters<br />
These people were living as squatters on other people’s land and were ordered to leave during the clashes.<br />
Their houses were demolished or burnt down, so they moved mainly into the streets and shopping centres.<br />
53
There are cases of those who were forcibly evicted together with their land owners because they belonged<br />
to the ‘wrong’ ethnic group. Squatters have no land to call their own, and although in Kenyan law squatters<br />
can claim title after a certain number of years, this provision has been ignored by the lands office in<br />
affected areas. The issue of ‘return’ for these displaced therefore amounts to hiring or buying new plots.<br />
dispersed displacees<br />
Among these are those from the demolished Maela camp who were put in trucks and forcibly returned to<br />
Kiriti, Ol Kalou and Ndaragwa in Central province. The majority were not able or willing to return to their<br />
original homes due to trauma. Some moved into shanties at Maela shopping centre, or found their way into<br />
the streets or slum areas, while others went to live with relatives. Others ‘disappeared’ (because no-one<br />
knows where they are or what happened to them). When the government resettled 200 families at Moi<br />
Ndabi in 1994, the rest were assumed to have returned. Some have been assisted to resettle by the Catholic<br />
church and NCCK, but the rest have become destitute in nearby market centres or drifted to other parts of<br />
the country.<br />
‘revenge’ displacees<br />
As noted above, the 1992 clashes affected mainly those originating from outside the Rift Valley but who<br />
had bought or otherwise acquired land there. The common view is that Kalenjin and Maasai were the<br />
aggressors, and that they had no casualties. However, many were affected, but unlike other tribes, they<br />
sought refuge among their relatives, not in camps. Recent developments indicate that simmering ethnic<br />
tensions have led to revenge or retaliatory violence. Multi-ethnic South Rift is most affected as incidents at<br />
Baraget and Rare indicate. In these two cases, skirmishes involving Kalenjin and Kikuyu in 1997-9 led to<br />
the displacement of Kalenjin families. In 2000, retaliatory attacks at the Kaptagat Saw Mill resulted in the<br />
demolition or burning of houses belonging mainly to Kikuyu. Such ‘new’ cases of revenge and population<br />
displacement receive little if any national and international attention because they are small-scale and not<br />
related to obvious political incitement.<br />
Orphans<br />
There are over one hundred orphaned children, some of whom lost both parents during the 1992 violence.<br />
A large number were also born during and after displacement, and have no knowledge of their homes or<br />
origin. They do not understand (or remember) the circumstances that caused their parents to move. They<br />
may have lost or been separated from relatives, and have no one and no place to go back to. It is also said<br />
that most men abandoned their wives and children during the clashes, and these children remain in orphanlike<br />
situations once their mother dies, as the other parent cannot be traced. Those who were children in<br />
1992 have grown up and have their own families now due to early marriages. A few families, also<br />
displaced, have been approached by NCCK to take on some of the children as foster children (in exchange<br />
for material and monetary assistance). Most of the orphans are on the streets or offering manual labour on<br />
nearby farms.<br />
displaced pastoralists<br />
Due to the nomadic nature of pastoralists and their system of communal land ownership, displacement<br />
among them refers to relocation to another part of the land rather than moving into camps. Displacement is<br />
marked by the absence of people in an area, abandoned farms (near watering points), homes and schools.<br />
Since they move with their animals, some people may not see them as displacees per se because they do not<br />
need to be resettled on another piece of land to restore their means of livelihood. However, they are indeed<br />
IDPs because when they lose their cattle to rustling, and insecurity compels them to leave watering points,<br />
they move to a more hostile environment with fewer survival alternatives. Restocking of herds is difficult<br />
due to drought and excessive pressure on the land in safer areas, hence impoverishment. They also move<br />
away from schools and other necessary social amenities. Displacement among pastoralists is a post-1992<br />
phenomenon that has been caused by the introduction, use and abuse of small arms, and commercialization<br />
of cattle rustling." (JRS March 2001, pp. 16-18)<br />
54
Estimated that 230,000 remained internally displaced by end, 2002<br />
• 3400 persons newly displaced by clashes in Tana River District during second half of 2001<br />
2002 FIGURES<br />
"Some 15,000 Kenyans were newly uprooted during 2002. An estimated 230,000 Kenyans were internally<br />
displaced at year’s end.<br />
[...]<br />
Pockets of violence and actions by the Kenyan government caused an estimated 15,000 additional Kenyans<br />
to flee their homes during 2002. In March, local authorities demolished more than 1,000 makeshift shelters<br />
in and around the coastal town of Mombasa, displacing an estimated 7,000 people.<br />
Most displaced families sought temporary shelter in churches and mosques and survived with minimal<br />
humanitarian assistance. Many remained homeless at year’s end.<br />
Raids by cattle-rustlers in Kenya’s Central Province killed 15 people and displaced more than 3,000 others<br />
in September. Most of the newly uprooted people feared further violence and refused pleas from authorities<br />
to return home.<br />
A local church provided some 200 families with temporary shelter and food. Most others camped near<br />
government buildings and received limited humanitarian assistance.<br />
Unknown assailants razed several houses and crops near the village of Migori in southwest Kenya’s<br />
Nyanza Province in December, displacing nearly 3,000 people.<br />
Many of the displaced continued to reside in temporary camps and with relatives at the end of 2002."<br />
(USCR 2003)<br />
2001 FIGURES<br />
"The numbers of those still displaced can only be estimated because there are no proper records of those<br />
originally displaced or their present status. While a large number is dispersed, some are still returning,<br />
while others are becoming displaced by present or simmering conflicts. Over the years, increase in<br />
population means the 1992/3 estimates are not reliable. Figures from relief agencies are close, but also not<br />
accurate because not all displaced people moved into camps, or sought assistance from the agencies. The<br />
estimates in this report are therefore a function of figures derived from government sources (latest census),<br />
the church, relief agencies, and estimates from the leaders of the displaced. It includes displaced<br />
pastoralists from the Kerio Valley, and those displaced from Meru, Isiolo and Samburu due to boundary<br />
disputes and the effects of small arms proliferation.<br />
Current estimates of internally displaced persons in Kenya [March 2001]<br />
Originally displaced from number<br />
displaced<br />
of families still IDP camp or settlement<br />
Mt. Elgon 1,100 Endebbes, Liavo,<br />
Khalwenge, Sango, Kiminini, Matisi, Namanjala,<br />
‘Bosnia’ ‘Chechnya’<br />
Nandi 600 Eldoret, Kisii, Kakamega, Turbo<br />
Transmara 400 transmara<br />
Kuria 254<br />
Migori 220 Tinderet<br />
Gucha 40<br />
Kericho 1,200 Londiani, Kedowa, Kipkelion-Nyagachu<br />
55
Nakuru 4,000 Bahati, Nairobi slums, Elburgon<br />
Narok 4,000 Maela,Elementaita, moi-ndabi, Kisirir, Ringitia,<br />
Ogelegai<br />
Transnzoia 1200 Liavo, Khalwenge<br />
Bonia, Chechnya<br />
Nyando 70<br />
Uasin Gishu 989 Eldoret town and market centres<br />
Molo 2,020 Keringet, kuresoi, Molo South, Saosa Kamwaura<br />
Njoro 2,000 Baruti, Kihingo, Mwariki, Rare, Deffo, Ronda<br />
Burnt Forest 700 Kipkabus, Chepauni Ainapkoi,<br />
Kerio Valley 7,500 Escarpment<br />
Laikipia 800 dispersed among relatives/ in towns<br />
Meru/ 1,500 among relatives, in towns and market centres<br />
TOTAL 28, 593(fn70)<br />
fn70: This figure does not include the displaced persons from the Coast province. It should also be noted<br />
that these are families, each of which has an average of eight persons, hence the number of persons is 228,<br />
744." (JRS March 2001, pp.18-19)<br />
"The recent clash in Tana River District occurred on the 18 th November [2001] at Tarasaa and Ngao<br />
claiming 14 lives and displacing 3,400 persons.<br />
[...]<br />
FAMILIES<br />
TARASAA 160 800<br />
ODA 178 1276<br />
LAILONI 104 569<br />
CHAMWANAMUMA 150 702<br />
TARA 10 58<br />
Total Displaced 602 3405<br />
" (OCHA 30 November 2001)<br />
POPULATION<br />
"The fate of some 3,000 people displaced during the November outbreak of violence was still unclear [by<br />
January 2002], [...]. Although many families previously sheltering in makeshift camps had dispersed, many<br />
homes had been burned down in the violence, and so people had been unable to return to their villages."<br />
(IRIN 11 January 2002)<br />
Reported that 210,000 remained displaced by early 1998<br />
• New displacements during 1997-98 especially related to the Pokot–Marakwet conflicts<br />
• One source estimates that 15,000 newly displaced people during 1998 in Western Kenya<br />
• Numbers of displacement in the nomadic North Eastern province difficult to estimate as people<br />
are on the move throughout the year<br />
• More than 1,000 people displaced in the Tharaka-Nithi Nyabene belt<br />
• Violence in coastal area may have displaced as many as 100,000 during 1997<br />
56
"The most cited estimates of clash victims indicate 1,500 by early 1993. More than 350,000 people, largely<br />
but not exclusively from the Rift Valley and Western provinces, were displaced to camp-like situations,<br />
usually in church compounds, schools and market places [...]. These numbers exclude an estimated 100<br />
dead and 100,000 persons displaced in the ethnic clashes that occurred in August 1997 in Mombasa. Of<br />
those displaced, 210,000 remained so by early 1998. Commenting on the prolonged displacement in the<br />
Rift Valley, on 9 November 1999, President Moi called for the displaced to' . . . return to their homes and<br />
continue with their normal lives.' Only a few have returned to their home areas.<br />
[...]<br />
Between 1997-98 the Pokot–Marakwet conflicts produced more than 4,000 victims. Since the beginning of<br />
1999, this area has become the theatre of violence and displacement of populations. Between January and<br />
March 1998, clashes in Laikipia and Molo displaced and disrupted the lives of many. The numbers are less<br />
definite in the nomadic North Eastern province where entire populations are on the move throughout the<br />
year. In March 1999, an incident of inter-clan rivalry in Wajir left nearly 140 people dead and an unknown<br />
number wounded.<br />
Other areas prone to clashes and displacement are away from the prying eye of the media and remain<br />
largely unreported. For example, since January 1998, more than 1,000 people have been displaced in the<br />
Tharaka-Nithi Nyabene belt. Tana River, parts of Migori and northern Mwingi are areas that have<br />
witnessed systematic depopulation as people flee attacks from bandits." (Kathina Juma May 2000, p. 15)<br />
"About 8,000 Kenyans were refugees in Ethiopia. An estimated 200,000 Kenyans were internally displaced<br />
[by end-1998], although sources varied widely.<br />
[...]<br />
In the aftermath of national elections in December 1997, clashes in western Kenya killed at least 100<br />
people and forced several thousand people from their homes in early 1998. The Kenyan Red Cross reported<br />
15,000 newly displaced people. Mobs burned homes. Kenyan police failed to respond to the violence for<br />
several days, observers stated.<br />
[...]<br />
A third area of violence and displacement, Kenya's coast, avoided significant new upheaval in 1998.<br />
Politically instigated violence in coastal towns in 1997 pushed tens of thousands from their homes - as<br />
many as 100,000 people were uprooted, according to some estimates - and many families in the coastal<br />
region remained displaced and afraid to reclaim their property in 1998." (USCR 1999)<br />
Estimated by Human Rights Watch that some 300,000 were displaced by 1993<br />
• Incidents of displacement caused by ethnic violence in the Rift Valley became frequent during<br />
1992 – especially in the Bungoma District between the Kalenjin and the Luhya groups<br />
• More than 15 000 displaced by fighting between the Kalenjin and the Kikuyu in the Burnt Forest<br />
area near Eldoret during December 1992<br />
• 30,000 uprooted during October 1993 as Maasai warriors attacked Kikuyu farmers in the<br />
Enosupukia area (Narok District)<br />
"[By March 1992] Reports of ethnic violence become commonplace in the press. The Kalenjin Assistant<br />
Minister Kipkalia Kones declared Kericho District a KANU zone and stated that the Kalenjin youth in the<br />
area had declared war on the Luo community in retaliation for several Kalenjins killed in earlier violence.<br />
In the Chemichimi (the Bungoma District), the Kalenjin attacked the Luhya community. The brutal attack<br />
against non-Kalenjin ethnic groups caused retaliatory attacks against Kalenjins in many areas. Clashes also<br />
erupted on the border of the West Pokot and Trans Nzoia Districts which were long known for cattlerustling<br />
between the Kalenjin and the Luo, Luhya and Kisii. The government accused the opposition parties<br />
of fueling the violence through Libyan-trained recruits and opposition leaders accused the government of<br />
57
orchestrating ethnic violence in order to weaken moves towards multipartyism. Moi prohibited all political<br />
rallies, citing the threat of tribal violence.<br />
1992 April: New clashes broke out between the Kisii and the Maasai while fighting continued to rage in<br />
the Bungoma District between the Kalenjin and the Luhya. In the Bungoma District alone, 2,000 people<br />
were displaced and 60 killed. Victims in the Molo Division report seeing 4 government helicopters bringing<br />
arrows to Kalenjin attackers and that out of uniform soldiers are fighting along side the Kalenjin.<br />
1992 July: Fighting exploded in a Kalenjin village (where 70% are Kalenjin, 20% Luhya, and 10% Teso),<br />
the Bungoma District, when the area was attacked by the Luhya. Ten Kalenjins were killed.<br />
[...]<br />
1992 December 3: Fighting occurred between the Kalenjin and the Kikuyu in the Burnt Forest area near<br />
Eldoret and Uasin Gishu Districts. 15,000 Kikuyus and Luhya fled the area as hundreds of Kalenjin<br />
warriors killed, looted and burnt their homes. In retaliation, Kikuyu youth stoned Kalenjins' cars.<br />
Throughout December the violence continued in the Uasin Gishu District.<br />
[...]<br />
The violence continued unabated throughout 1993. The Uasin Gishu, Trans Nzoia, Bungoma, and Nakuru<br />
Districts were the most affected. The fighting in the Burnt Forest area in Uasin Gishu predominantly hit the<br />
Kikuyu community by the Kalenjin during 1993.<br />
The Luhya living in the Trans Nzoia (Saboti) and Bungoma (Chwele) Districts were most affected by<br />
Kalenjin warriors. There has been strong Kalenjin (Saboat) nationalist sentiment in this area. The Saboat<br />
nationalists in the Mt. Elgon area has demanded the government redraw district boundaries to give the<br />
Saboat their own territory. About 2,000 Luhyas have lived in Kapkateny camp in the Bungoma District<br />
since they fled from the attack by the Kalenjin in April 1992.<br />
The fighting in the Nakuru District in the southwest of Rift Valley Province occurred intermittently since<br />
the violence began in February 1992. Most of the Kikuyu (over 40,000) left this area and settled the<br />
Elburgon or Kamwaura camps which are areas the government has not assisted.<br />
[...]<br />
1993 August: About 300 Kalenjin warriors attacked the Molo area of the Nakuru District, displacing<br />
hundred of Kikuyus. The Kalenjin burnt more than 200 houses belong to Kikuyus, but the local police took<br />
no action.<br />
[...]<br />
1993 October: An estimated 500 Maasai warriors attacked an area, Enosupukia (Narok District), south of<br />
the security operation zones, burning houses of Kikuyu farmers and uprooting 30,000 Kikuyus. Throughout<br />
1993, hundreds of Kalenjin warriors attacked and occupied farms belonged to Kikuyus, Luhyas, or Luos<br />
without being arrested or charged for their actions. On a smaller scale, Kalenjin were attacked in retaliation.<br />
In late October, Maasai and Kikuyu, in separate incidents, raided police stations for arms.<br />
[...]<br />
In early 1994, some 10,000 Kikuyu were reportedly driven from their farms near Naivasha in the Rift<br />
valley Province by Maasai, allegedly with the backing of armed off-duty Maasai rangers." (CIDCM<br />
October 1999)<br />
"By 1993, Human Rights Watch/Africa estimated that 1,500 people had died in the clashes and that some<br />
300,000 were displaced. The clashes pitted Moi's small Kalenjin tribe and the Maasai against the populous<br />
Kikuyu, Luhya, and Luo tribes. For a while, Kenya, previously an example of relative stability in the<br />
region, teetered on the brink of a low-level civil war." (HRW June 1997, p. 36)<br />
58
Displacement numbers uncertain during the 1990s because of absence of systematic<br />
registration<br />
• Registration of IDPs difficult for logistical and political reasons<br />
• Lack of trust toward authorities made those displaced in 1993 reluctant to register<br />
• UNDP acknowledging that figures used during the early 1990s were estimates only<br />
"The extent of the effects of conflict on Kenya’s populations is uncertain and speculative. Registering<br />
displaced persons is difficult for both logistical and political reasons [...]. Many victims remain<br />
undocumented, leaving large numbers outside assistance networks. For instance, by 1993, most victims<br />
were reluctant to register with government institutions because they did not trust the state and its<br />
functionaries." (Kathina Juma May 2000)<br />
"Since the beginning of the 'ethnic' violence in 1991, the absence of accurate information on the situation<br />
has provided an opportunity for the Kenyan government to evade its responsibility to those who remain<br />
displaced and made it close to impossible for the NGO community to help many of those who remain off<br />
their land. The consequences of the lack of accurate data, both qualitative and quantitative, have been tragic<br />
for those who remain displaced in Kenya today. Even if an international program for the displaced was to<br />
recommence, there is little or no way to identify or contact many of those who still desperately need help to<br />
rebuild their broken lives." (HRW June 1997, p.94)<br />
"The numbers affected remain uncertain and somewhat speculative, as is invariably the case with internally<br />
displaced populations. Local government administrations have little or no substantive data on the numbers<br />
affected, past or present, or those currently in need of assistance. None have undertaken any systematic<br />
registration of displaced or otherwise affected persons. NGOs and church groups providing relief assistance<br />
to affected populations have made considerable effort to register their clients, but most concede that their<br />
numbers are only approximations. It is clear that there is some duplication in their registrations and that<br />
many non-affected persons succeed in getting themselves registered as beneficiaries. On the other hand,<br />
many displacees do not get registered at all because they have left affected regions to return to their<br />
ancestral lands to draw upon the assistance of relatives or friends. Others have simply 'disappeared' into<br />
urban areas. Elsewhere, displacees who have returned, or are in [the] process of returning to their farms<br />
have remained outside the NGO assistance network and thus remain unenumerated.<br />
(John Rogge, 'The Internally Displaced Population in Nyanza, Western and Rift Valley Province: A Needs<br />
Assessment and a Program Proposal for Rehabilitation,' UNDP, September 1993, quoted in HRW June<br />
1997, p.96)<br />
"[...], UNDP relied on an approximation of 250,000, which was the estimate given in the first Rogge report.<br />
[In its comments on the HRW report] UNDP has stated:<br />
'The estimates throughout were just that-estimates. This was made abundantly clear in both Rogge reports<br />
and UNDP had always indicated that the 250,000 figure that was being used was little more than a crude<br />
estimate. The number was, however, based exclusively on data provided to Rogge by the NGOs and<br />
Churches; at no time were any Government estimates used.'<br />
(HRW June 1997, pp. 97-98)<br />
See also:<br />
Outsiders unable to monitor security situation as conflict areas in the Rift Valley became closed security<br />
zones during 1993-1995<br />
59
PATTERNS <strong>OF</strong> <strong>DISPLACEMENT</strong><br />
General<br />
Semi-nomadic communities in the Northern Frontier District also affected by<br />
displacements(Dec 2002)<br />
• IDPs in camps, forests, urban areas, peri-urban areas and resettlement farms<br />
“ While more attention has been paid to the 1992 caseload of IDPs because of the severity of the<br />
circumstances that led to their displacement, more recent conflicts as a result of the effects of small arms<br />
proliferation have caused sporadic population displacement amongst semi-nomadic communities in the<br />
Northern Frontier Districts and Coast province, as well as along disputed administrative border regions<br />
particularly in Nyanza and Western provinces. IDPs in Kenya can be found at the following places:<br />
IDPs in camps<br />
IDPs affected more than five years ago have gradually scattered, and can be found in isolated groups in<br />
various urban and peri-urban centres or rural areas some distance from their original place of residence.<br />
The ones currently living in camps are mainly those escaping recent insecurity and have not found<br />
alternative settlement. They are found mainly in school or church compounds, abandoned buildings, and<br />
among the Marakwet, in caves (lagams) on the steep escarpment ...<br />
IDPs in forests<br />
IDPs in Baraget, Kieni and other forestlands have been there by the government, pending permanent<br />
resettlement. They are not allowed to cut the trees, cultivate or put up any permanent structures such. Their<br />
houses are therefore makeshift, while there are no schools, churches or clinics. For these services, they have<br />
to walk through the thicket, risking attack by wild animals and various forms of physical and sexual<br />
violence.<br />
IDPs in urban areas<br />
The majority of displaced persons in Kenya live in urban areas, where they eke a living in informal<br />
settlements, low-priced rented accommodation or on the streets. Majority of those who were displaced from<br />
different parts of the Rift Valley moved into Nakuru and smaller towns in Central Rift Valley including<br />
Naivasha, Molo, Elburgon, Gilgil, Njoro, Dundori and other market centres. Those interviewed said they<br />
moved into towns because they did not have relatives living in other parts of the country and had no means<br />
to purchase land elsewhere.<br />
IDPs in peri-urban areas<br />
IDPs living in market centres in Namajalala, Bahati or Dundori on the periphery of towns have generally<br />
rented farms from the local community, or acquired strips of land in forests. Most of them are farmers<br />
growing vegetables, potatoes and cereals, and rearing poultry.<br />
IDPs in Resettlement Farms<br />
IDPs in this category have land donated by the church, government, or bought through the credit scheme<br />
discussed above. On the farm they have built a house (so they do not pay rent), and they practise different<br />
kinds of income-generating activities, including farming, rearing poultry, goats, retail shops (kiosks), and<br />
selling surplus farm produce. However, some locations such as Moi Ndabi are prone to flooding. The<br />
school, borehole and hospital, as well as their homes are submerged during the heavy rains, while silting<br />
60
has damaged the productivity of the farms. ... To access the nearest hospital, they walk through the<br />
Kongoni Game Reserve risking attacks by wild animals.<br />
At the Catholic Diocese of Nakuru (CDN) Temporal Resettlement Project at Elementaita, the harsh climate<br />
has made it very difficult for sustainable agricultural activities. The same is true of the National Council of<br />
Churches of Kenya (NCCK) Resettlement Project at Liavo in Kitale, where the soil is too poor to support<br />
crops.<br />
Resettlement Farms can be found in Kitale (Liavo), Elemementaita, Molo (Kangawa), Moi Ndabi, Ndoinet,<br />
Mauche, Elburgon (Kapsita), Sululu and Kongasis " (UN DPMCU, Dec 2002, pp 35-38).<br />
IDPs seek refugee in urban areas instead of being resettled (1997-2000)<br />
"Typically, victims have disappeared and gravitated towards urban centres. Population growth is noticeably<br />
up in towns near conflict areas. The dramatic increase in the numbers of street children and homeless<br />
families is an indication of this migration phenomenon." (Kathina Juma May 2000)<br />
"Many of those who are still displaced come from areas such as Olenguruone, Enosupukia, and Mt. Elgon<br />
where the remaining Kalenjin and Maasai residents have sworn not to allow other ethnic groups to return to<br />
their land, and the government has shown no signs of taking any action to put an end to this ethnic<br />
expulsion. Most of these displaced have drifted to other areas of the country to become agricultural day<br />
laborers or to urban areas in search of work. Others have become part of the unemployed poor, adding to<br />
the alarming levels of crime in Kenya largely caused by poverty and government mismanagement of<br />
resources. In 1995, UNDP had estimated that there were about 50,000 people living in 'very temporary<br />
refuges' or 'surviving in peri-urban slum areas,' who have been 'overlooked' because of the difficulty of<br />
finding satisfactory and quick solutions." (HRW June 1997, pp.127)<br />
61
PHYSICAL SECURITY & FREEDOM <strong>OF</strong> MOVEMENT<br />
Protection concerns during displacement<br />
Children displaced during the early 1990s end up as street children in Nairobi (1997)<br />
"Nairobi's street children are being beaten and often killed by police. Some are imprisoned in terrible<br />
conditions. Many of the children, more then 10,000, are Kikuyu who became homeless in the aftermath of<br />
the 1991-94 ethnic fighting." (CIDCM October 1999)<br />
Outsiders unable to monitor security situation as conflict areas in the Rift Valley<br />
became closed security zones during 1993-1995<br />
• Carrying of weapons banned in the worst-affected areas<br />
• Security measures did not prevent a large outbreak of "ethnic" violence in the Burnt Forest area<br />
in March 1994<br />
• Security zones also restricting flow of information<br />
"In September 1993, after two years of inaction in providing additional security, and soon after the highly<br />
publicized visits of representatives of two foreign human rights organizations to the clash areas, the<br />
government declared three 'security operation zones' giving the police emergency-type powers, excluding<br />
'outsiders,' preventing the publication of any information concerning the area when deemed necessary, and<br />
banning the carrying of weapons in the worst-affected areas of the Rift Valley Province. For most of the<br />
duration of the UNDP program, the restrictions were in force. They were lifted in March 1995. However,<br />
even when they were in place, the extra security precautions in these zones did not prevent a large outbreak<br />
of 'ethnic' violence in the Burnt Forest area in March 1994, which left at least eighteen dead and perhaps<br />
25,000 displaced.<br />
Burnt Forest was an area that was particularly hard hit and, for some, this was the second or even third time<br />
they had been displaced. Communities in Burnt Forest were first attacked in December 1992 and then in<br />
January, February, April and August 1993 and January 1994. The attacks in Burnt Forest in March 1994,<br />
which continued for a week, left the disturbing impression that the government was unable or unwilling to<br />
take effective measures to stop the clashes." (HRW June 1997, pp. 54-55)<br />
IDPs not provided adequate protection or the means necessary for reintegration after<br />
authorities dispersed their temporary settlements (1993-1996)<br />
• Local officials and police forcibly dispersing IDP camps without providing adequate assistance or<br />
security to facilitate return<br />
• Periodic government harassment of the 10 000 predominantly Kikuyu IDPs at Maela camp (1993-<br />
1994)<br />
• Maela camp destroyed by government officials on 24 December 2000, and 2000 residents evicted<br />
to Central Province<br />
• UNDP and MSF denied access to assist remaining residents of Maela<br />
62
• 700 of the people moved from Maela Camp were in January 1995 further forced to leave holding<br />
centres in Central Province<br />
• 118 families at the National Council of Churches of Kenya (NCCK) community centre in Eldoret<br />
ordered by authorities to leave by end 1994<br />
"To ensure that large gatherings of clash victims were not easily visible to visiting diplomats, the media or<br />
human rights groups, local government officials dispersed camps of the internally displaced without any<br />
consideration of where these victims could go. One method that was frequently used was to announce to the<br />
victims, despite evidence to the contrary, that it was safe to return to their land. In other cases, where the<br />
displaced would not leave voluntarily, local government officials, with the assistance of the police, would<br />
forcibly disperse camps of displaced people without providing adequate assistance or security to permit<br />
them to return to their land. The result of the dispersals, which continued even in 1996, has made it<br />
virtually impossible to identify those who were displaced from their land by the 'ethnic' violence today.<br />
[...]<br />
[...] The crowning incident of government disregard for the internally displaced, UNDP and the<br />
international community took place in December 1994 at a camp called Maela when the government<br />
forcibly expelled the residents. This lent credence to the charges that the government was clearing the Rift<br />
Valley Province of certain ethnic groups.<br />
The predominantly Kikuyu displaced population at Maela camp had sought refuge there after being<br />
attacked on its land at Enosupukia, Narok district, by a group of Maasai in October 1993. Since that time,<br />
they had been living at Maela camp in squalid conditions under plastic sheeting on church grounds. The<br />
overcrowding had led to shortages of food, water, and medical supplies. Incidents of government<br />
harassment of the displaced at this camp periodically occurred as did statements by Maasai leaders that the<br />
displaced at Maela would never be permitted to return to their land.<br />
In the early hours of the morning of December 24, 1994, administration police and KANU youth wingers<br />
raided the camp of Maela which housed approximately 10,000 predominantly Kikuyu people who had<br />
sought refuge after being attacked at Enosupukia in October 1993. Without notice, the government officials<br />
razed the camp and transported some 2,000 residents to Central Province (the area regarded as the<br />
'traditional' home of the Kikuyus), and proceeded to question them about their ethnicity and ancestral<br />
background. Families were separated as they were herded into about twenty trucks which had been fueled<br />
from a UNDP petrol account (which was later closed after UNDP discovered this fact). Each truck was<br />
crammed with approximately one hundred people. Initially, the displaced were not provided with food or<br />
shelter. The relocation was done late at night without notification or the participation of UNDP.<br />
The remaining residents of Maela were left without shelter, and UNDP and the international NGO<br />
Medecins sans Frontieres (Spain) were denied access to Maela, despite the fact that the UNDP officer had a<br />
letter from the office of the president allowing entry into Maela. UNDP was informed that this resettlement<br />
was in keeping with the President's promise to resettle the genuine victims of Maela before Christmas.<br />
Some 200 'genuine' victims, as defined by the government, were relocated to a government-owned farm<br />
near Maela called MoiNdabi and each given two acres. The land at MoiNdabi, which used to be part of a<br />
larger farm administered by the government Agricultural Development Cooperation (ADC), is less<br />
productive than the land the displaced were forced from in Enosupukia, and water, shelter and sanitation<br />
facilities were non-existent when they arrived.<br />
The other Maela camp residents, considered 'non-genuine' displacees [sic!] by the government, were<br />
dumped at three different locations in Central Province in the middle of the night and left to fend for<br />
themselves. At Ndaragwa, the displaced were left by the side of the road with no shelter and practically no<br />
belongings. At Ol Kalou, they were left between the railway line and the main road. At Kiambu, they were<br />
dropped at Kirigiti Stadium. Several days later, the makeshift camp at Kirigiti was destroyed in a police<br />
raid at 3:00 am, leaving the twice displaced once again without shelter. The displaced were ordered to line<br />
up and were loaded on trucks without being informed of where they were to be taken. Those who resisted<br />
were beaten and forcibly thrown into the trucks. The government denied any harassment or beatings. None<br />
63
of those forcibly displaced to Central Province were returned by the government or UNDP to the area they<br />
came from in the Rift Valley Province. Furthermore, the government officials responsible for the brutality<br />
against the displaced have never been disciplined." (HRW June 1997, pp.77-79)<br />
"[L]ocal authorities in other areas were beginning to insist on displaced people dispersing. For example, on<br />
28 December [1994] the District Officer of Uasin Gishu ordered 118 families at the National Council of<br />
Churches of Kenya (NCCK) community centre in Eldoret to disperse by 4 January.<br />
On 4 January [1995] police dispersed 700 of the people moved from Maela Camp out of the three holding<br />
centres in Central Province: Ol Kalau, Ndaragwa and Kirigiti. At Kirigiti Stadium the camp was razed. The<br />
UNDP, the government's supposed partner in the programme to resettle displaced people, had apparently<br />
not been informed of the government action.<br />
The significance of the Maela removals was twofold. First, there has been a constant call from senior<br />
officials for the expulsion of members of certain ethnic groups from the Rift Valley. This appeared to be a<br />
first step in that direction. Secondly, it made it publicly apparent that the joint government-UNDP<br />
resettlement programme was in serious trouble." (Carver August 1995)<br />
Claimed in several reports that security forces have lacked impartiality (1992-1997)<br />
• Parliamentary committee concluded in 1992 that government officials were involved in the Rift<br />
Valley violence<br />
• Claims that perpetrators had received support from security forces<br />
"In September 1992 a parliamentary select committee, chaired by Kennedy Kiliku, reported on the<br />
violence. (At this time the National Assembly was still a single-party, KANU body.) The committee<br />
concluded that 800 people had been killed and that many government officials, security officers, provincial<br />
administrators and others had 'abetted, perpetrated or instigated' the violence. The Kiliku report singled out<br />
Vice-President Saitoti and minister Nicholas Biwott for responsibility, along with a number of other senior<br />
officials. Parliament rejected the report.<br />
Reports by Kenyan church groups have also criticized government complicity in the violence. In March<br />
1992 the country's Roman Catholic bishops issued a pastoral letter in which they alleged that the conflict<br />
was 'all part of a wider political strategy' involving 'well-trained arsonists and bandits' who were<br />
'transported to the scenes of crime from outside the area'. The letter concluded:<br />
There has been no impartiality on the part of the security forces. On the contrary, their attitude seems to<br />
imply that orders from above were given in order to inflict injuries only on particular ethnic groups.<br />
In June 1992 the National Council of Churches of Kenya published a report on the violence. It claimed:<br />
There is evidence that there was cordial interaction between the warriors, security and administration<br />
officers ... .<br />
Evidence has been received that homes and farms of senior government officials, political leaders and<br />
administrative officers have and are being used as hideouts for warriors, depots for weaponry, sanctuaries<br />
... where warriors return in the event of facing resistance ...<br />
On the strength of interviews with members of the security forces the NCCK researchers concluded that<br />
non-Kalenjin personnel in the police and paramilitary General Service Unit were not allowed to carry arms<br />
when dealing with the ethnic clashes. Non-Kalenjin police officers on patrol — who were unarmed — were<br />
always accompanied by armed Kalenjins." (Article 19 October 1997, sect. 2.3)<br />
64
SUBSISTENCE NEEDS (HEALTH NUTRITION AND SHELTER)<br />
General<br />
IDPs reduced to beggers (September 2004)<br />
• IDPs in squalid camps had to sell their property at throwaway prices<br />
• People dispossessed and disillusioned 10 years after the clashes forced them to flee<br />
"Seventy-six kilometres northwest of Nairobi, lies the Kieni Bamboo Forest.<br />
A few metres past the Flyover, the forest is a bird-watcher’s paradise, with numerous bird species.<br />
The forest is also a sad reminder of the woes facing internally displaced people in Kenya.<br />
Deep inside the forest, tucked safely away from prying eyes, lies a small village. Its surroundings, unseen<br />
and forgotten. The village reminds one of a concentration camp without the fence.<br />
Huruma Village, comprising about 520 desolate families, bears testimony to the agony borne by people<br />
affected by politically engineered ethnic cleansing, which occurred over a decade ago.<br />
When we arrived at the village, it was sizzling hot. The sound of our vehicle was enough to draw little<br />
children with running noses, followed by curious adults.<br />
It was easy to discern the looks of expectation on their faces, faces of Kenyan citizens who have been<br />
displaced and dispossessed in their own homeland.<br />
The tragedy of Huruma Village and 11 similar settlements scattered on the fringes of the turbulent Rift<br />
Valley Province lies not in the fact that its story has been told and retold, but in the fear that its inhabitants<br />
may soon be a forgotten people.<br />
The villagers have spent every waking day over the past decade waiting indefinitely, with hope and<br />
optimism in their hearts. In the euphoric 2002 General Election, they excitedly voted in Narc, hoping that<br />
this time round, political leaders would come to their rescue.<br />
"We’ve been waiting for government intervention since they threw and abandoned us here," proclaims<br />
Josiah Mburu, 39, who has been championing the rights of the internally displaced persons in Huruma<br />
village.<br />
The feelings of betrayal, displacement, dispossession and disillusionment are not unique to Huruma.<br />
The Rift Valley is host to numerous similar villages with the Central Rift carrying the bulk of them.<br />
Subukia, Lower Subukia, Kabazi, Bahati, Kabatini, Ndundori, Solai, Nakuru town, Kabiamet/Mugumo,<br />
Bararget and Likia are just but a few. Kieni Forest is unique in that it hosts the victims of politically<br />
instigated ethnic cleansing and the victims of 1988 eviction of forest dwellers who had been benefiting<br />
from the Shamba system.<br />
"These people have been reduced to paupers and refugees in their own country," says Keffa Karuoya<br />
Magenyi, the co-ordinator of the Subukia internally displaced persons zone.<br />
65
A victim of multiple internal displacements occasioned by both the Shamba system and ethnic clashes,<br />
Magenyi narrates the double tragedy that befell Huruma Village’s inhabitants.<br />
He explains how people who had cultivated crops under the Shamba system in Kamwaura, Sitoito, Marua,<br />
Ndeffo, Karirikania and Muchorwe divisions in Molo South were evicted.<br />
"In addition to living in these forest areas, we also practised the Shamba system along the cut-lines of the<br />
Ndoinet and Tinet forests," he explains.<br />
"No sooner had the people been evicted from the forests, than the ethnic clashes started — two years later."<br />
Mburu’s recollection of the suffering he and other villagers have undergone is as vivid as if it happened<br />
yesterday.<br />
"One day the government came in and ordered us to vacate the forest land. We were given a seven-day<br />
ultimatum." recollects Mburu, then in his adolescence. They had to sell their property at throwaway prices.<br />
"Some animals like goats, sheep and chicken were given away — there was no time to sell them," says<br />
Mburu, adding, "we had to sell our dairy cows to slaughter houses at the price of a chicken."<br />
Overnight people who had been self-reliant became paupers, reduced to the vagaries of urban tenancy.<br />
For five years, between 1988 and 1993, the government closed the forest to farming. The result was that the<br />
people become loiterers and wanderers.<br />
Many of them rented rooms and backdoor outlets in the nearby trading centres. Soon, their meagre incomes<br />
ran out and they could not sustain themselves and their families. When the government re-opened the<br />
forests in 1993, the former occupants went to seek refuge in the forest once again.<br />
However, the problem proved more complex. Political leaders, keen to hold onto power in the face of<br />
pluralism, began fanning ethnic animosity. "Sadly, some of our people were caught up in the merciless<br />
killings of the clashes," quips Magenyi. "We were once again on the run."<br />
He narrates how they had to settle in areas such as Enoosupukia and Maela, where clashes once again<br />
erupted. Those who managed to flee went to "hide" deep in the Kieni Forest. The majority of the young<br />
sought manual jobs in the neighbouring Kamae trading area.<br />
"After the 1997 elections, we sensed that once again all was not well," states Mburu. "We therefore began<br />
digging holes to "burrow" ourselves, just in case."<br />
Their fears proved true when in June 2001 the government sent the Forest Protection Unit to smoke them<br />
out.<br />
Before this incident, a feud had been quietly simmering. According to Mburu, some Kieni forest officials<br />
had allegedly parcelled some sections of the Bamboo Forest, selling off the land to rich people from Kamae<br />
and Magumo.<br />
The Bamboo forest in question was a catchment area for the larger Thika District and its environs. When<br />
part of it was hived off for private use, the Chania River, which feeds Thika and parts of the Ukambani<br />
region, began to dry up.<br />
A hue and cry ensued due to sudden fluctuations of water levels and unexpected changes in the weather<br />
pattern.<br />
66
The forest staff accused the Kieni people of "tampering" with the bamboo forest, hoping to cover up their<br />
actions with these accusations.<br />
The violent eviction from the forest by the officers should be seen in this light, according to Mburu.<br />
"They came one morning, armed to the teeth and spent the whole day burning our belongings, beating up<br />
all and sundry before flattening everything in sight," he recollects.<br />
With no alternative whatsoever, the villagers decided to camp along the potholed Thika-Naivasha Road.<br />
"Camping on the shoulders of the road ensured our collective safety and we also wanted to announce to the<br />
world our plight," Mburu explains, saying that after that, the government could not continue to pretend that<br />
they did not exist.<br />
On August 2001, the then Rift Valley Provincial Commissioner, Mr Zachary Ogongo, visited the site,<br />
accompanied by Mr Uhuru Kenyatta.<br />
The PC ordered the people to return to the forest, where each family was to be re-settled on a 100 by 100<br />
foot piece of land.<br />
"But when the PC left, surveyors from the Thika District office reduced the size of the plots to 10 by 10<br />
feet," Mburu continues.<br />
"To be registered for resettlement, one was required to have an identity card and many of the people missed<br />
out. Initially, we were 1,000 plus but only 520 people were allocated the tiny plots. The most affected were<br />
the old people and those who had lost their identification documents in the earlier clashes."<br />
The lucky 500 were squeezed on a three-and-half-acre plot. Those who were displaced found their way to<br />
towns such as Kiambu, Githunguri, and Maguu in Nyahururu.<br />
Anxious to remind the Narc government of their plight, Huruma villagers forwarded a memo to Justice and<br />
Constitutional Affairs Minister Kiraitu Murungi on June 12.<br />
They are yet to hear from him."(East African Standard, 12 September 2004)<br />
Summary of humanitarian needs of the conflict affected population in Tana River area<br />
(November 2001)<br />
"The recent clash in Tana River District occurred on the 18 th November at Tarasaa and Ngao claiming 14<br />
lives and displacing 3,400 persons.<br />
The Pokomo and Orma, farmers and pastoralists respectively, inhabit the Tana River district area. Since<br />
December 2000, the two communities have been at conflict over pasture, water and land resources<br />
sometimes resulting in clashes during which property was destroyed, people displaced and lives lost. And<br />
due to these communities insistence on the use of heavy fire arms, education systems and social<br />
development have been disrupted consequently restricting movement and causing food insecurity at the<br />
household level as people are unable to access their farms.<br />
Several agencies responded positively to the crises, however, there is need for more assistance in the areas<br />
of:-<br />
67
1. Household needs in the form of clothes, cooking utensils and reconstruction materials for those whose<br />
homes were burnt. Mosquito nets and sanitary pads for girls and women as well as Jerricans for water<br />
storage.<br />
2. Education where there is a serious deficiency of Books. Writing materials and desks for the affected<br />
schools.<br />
3. The areas of Health, nutrition, Water and sanitation are in urgent need of help especially in the camps<br />
where there is not enough water for all and therefore little or no effort to ensure its cleanliness. The absence<br />
of toilet facilities in these camps also poses a great risk especially with the onset of the rainy season, as they<br />
are prone to cholera outbreak.<br />
4. Agriculture and Livestock too need assistance in the form of drugs for the animals especially for<br />
trypanosomosis and ticks and seeds for the farmers to start planting before the rains stop. To boost the<br />
wavering morale, a programme to restock those whose animals were killed during the clashes is necessary.<br />
5. Security. A police post needs to be established at Shirikisho and the security personnel should take swift<br />
action by immediately arresting perpetrators from both communities and ridding the area of guns. Peace<br />
and conflict management should be enhanced and the land adjudication process more participatory.<br />
6. Food distribution. At least three months food rationing for the indirectly affected populations of Chara,<br />
Ngao and Wachi/ Oda, Ozi and kilelengwani locations is urgently needed." (OCHA 30 November 2001)<br />
IDPs seeking shelter in towns live in slum conditions, 1997-2001<br />
• IDPs unable to return have drifted to other areas of the country to become agricultural day<br />
labourers, searching for work in urban areas or becoming part of the unemployed poor<br />
• Estimated by UNDP that there were about 50,000 people living in 'very temporary refuges' or<br />
'surviving in peri-urban slum areas' by 1995<br />
"Many of those who are still displaced come from areas such as Olenguruone, Enosupukia, and Mt. Elgon<br />
where the remaining Kalenjin and Maasai residents have sworn not to allow other ethnic groups to return to<br />
their land, and the government has shown no signs of taking any action to put an end to this ethnic<br />
expulsion. Most of these displaced have drifted to other areas of the country to become agricultural day<br />
laborers or to urban areas in search of work. Others have become part of the unemployed poor, adding to<br />
the alarming levels of crime in Kenya largely caused by poverty and government mismanagement of<br />
resources. In 1995, UNDP had estimated that there were about 50,000 people living in 'very temporary<br />
refuges' or 'surviving in peri-urban slum areas,' who have been 'overlooked' because of the difficulty of<br />
finding satisfactory and quick solutions. It is likely that this number is even higher now. It is unrealistic to<br />
believe that specific programs can be introduced for the urban displaced living in the slums of Nairobi or<br />
even in Nakuru or Kisumu. In these larger urban areas, the best that can realistically be undertaken is to<br />
ensure that such displacees are included within existing programs for urban slum populations. However,<br />
UNDP should ensure that any such programs do not further the government's policy of reintegration of the<br />
displaced outside of the Rift Valley Province." (HRW June 1997, pp. 127-128)<br />
"In 1994, the Maela camp near Naivasha was burnt to the ground; it had more than 10,000 IDPs from the<br />
Narok area. Public outcry and extensive media coverage and criticism led to the resettlement of 200 of<br />
these in an arid government-owned land near Maela, not to their former fertile lands. The others,<br />
considered ‘outsiders’, were put in government trucks and dumped at Ndaragwa, Kiriti stadium and Ol<br />
Kalau in central province, the ‘ancestral’ homeland of the Kikuyu. They were left stranded; not helped to<br />
settle in central province. Consequently, family members were separated, while a large number of these<br />
landless, disenfranchised people found their way into shopping centers, the streets of Nairobi and slum<br />
areas. Others live precariously somewhere within the borders of Kenya in difficult circumstances.<br />
[...]<br />
Violence leads to loss of life and property as crops and livestock are looted or destroyed. This, and<br />
abandonment of economic activities amounts to the loss of livelihood for the affected population, hence<br />
impoverishment and destitution as families deplete savings and sell household assets below their market<br />
68
value. Movement of displaced people into market centres has put pressure on social amenities like housing,<br />
hospitals and schools. Those who have found their way into big towns like Nairobi live in slum areas doing<br />
odd jobs because having been farmers, they have no practical skills to start new careers. A large number of<br />
‘street families’ are beggars, thieves, hawkers, prostitutes or drug peddlers. " (JRS March 2001, pp.8-9, 15)<br />
IRIN's report on 13 December 2001 from the Kibera slum in Nairobi provides some detail about the<br />
conditions facing people resettled in such areas<br />
Difficult living conditions for IDPs remaining in Maela camp (1996-2000)<br />
• Reported in 1996 that assistance from international organisations to IDPs remaining in Maela<br />
camps had ceased<br />
• Claimed that 1,500 families who fled from the politically-instigated violence in Enoosupukia still<br />
remained in Maela by 2000<br />
• Most children out of school<br />
"Human Rights Watch/Africa visited Maela [in 1996] and interviewed some of the displaced who remain<br />
there or who had been relocated to Central Province when Maela was cleared by the government in<br />
December 1994. Virtually abandoned and still destitute, the remaining displaced reported that no<br />
international agency had visited Maela for over a year. The fact that UNDP was so involved in providing<br />
services at Maela in 1994 had raised expectations that the large international agency would ensure the<br />
safety and eventual reintegration of the displaced there. The displaced were even more crushed that UNDP<br />
did little or nothing for them following the dispersal. One displaced man said, 'after the government did all<br />
that to us, all UNDP did was to come back here in January 1995 and take all their office equipment and<br />
leave." (HRW June 1997, pp. 125-126)<br />
In October 2000 a newspaper report drew a dismal picture of the situation facing the IDPs who have<br />
remained in the Maela area:<br />
"Looking at their faces, one could hardly tell that the emaciated lot were once proud land owners who used<br />
to deliver huge amounts of milk to the Kenya Co-operative Creameries every day.<br />
They looked unkempt and sullen, a false testimony that they had been bed mates with penury for many<br />
years. Eight years of disillusionment had undoubtedly gnawed at their dignity and few could resist the<br />
temptation to beg for a slice of bread. They had been reduced to destitutes.<br />
'Some of us have not eaten for days and our children are dying. We have buried our kinsmen and no one is<br />
coming to our rescue. We don’t get relief food and no one visits us since Father Antony Kaiser died. The<br />
Government, Press and NGOs have all forsaken us. We don’t have land or anything to turn to,' a balding<br />
man tacitly summed up their predicament.<br />
This is the rot that thousands of people who were evicted from Enoosupukia have degenerated to.<br />
They languish in abject poverty at Maela trading centre, some 50 kilometres from Naivasha town.<br />
Maela has the sully look of a mourning village, a testimony to the cruelty of tribal clashes of 1993. It is<br />
home to over 1,500 families who fled from the politically-instigated violence in Enoosupukia following<br />
Cabinet Minister William ole Ntimama’s order that squatters leave the water catchment area.<br />
[...]<br />
They camped at the St John’s Catholic Church at Maela and built what became the Maela Camp. Here, men<br />
and women with their families lived in shacks, miniature houses built with polythene papers and depended<br />
on the church and NGOs for subsistence for over 16 months.<br />
69
[...]<br />
Over 1,500 families were left desolate at Maela with no food or collective identification to solicit donor<br />
support.<br />
'Our hope died with the disbanding of the camp. When relief agencies heard that we would be moved, they<br />
closed shop and moved elsewhere. They never came back. In fact, it was better when we lived in camps.<br />
There we were sure of daily rations of food,' says Martha Kamau.<br />
Those who failed to secure land now live in squalor in Maela. It is ironical that the people are starving in<br />
the middle of very fertile land.<br />
Without jobs and money to start afresh, they sublet small pieces of land from their hosts for between Sh200<br />
to Sh500 a season.<br />
[...]<br />
Indeed, these people are not only fighting for survival but also for their future. Despite the aura of<br />
development as you drive through Ngondi township and hills, Maela looks like a miniature refugee camp.<br />
Residents lead a lifestyle devoid of all basic amenities. Most children are out of school and some have<br />
joined their parents in scavenging for survival." (East African Standard, 29 October 2000)<br />
See also:<br />
Government restricted access to Maela camp after many IDPs were moved from the camp in 1994<br />
Health<br />
Spread of HIV-AIDS is particularly high among the urban displaced (2002)<br />
• Main reasons HIV are Rape, Unsterilized medical equipment, Breakdown of social ties and<br />
relationships, Poverty and prostitution and Polygamy<br />
“The spread of HIV-AIDS among IDPs is very high, particularly among the urban displaced. This may be<br />
attributed to a number of factors, including:<br />
Rape<br />
As noted earlier, rape is widespread in conflict situations. It happened during the 1992/7 skirmishes and in<br />
subsequent attacks or conflicts that have taken place in many parts of the country. Rapists do not practice<br />
safe sex, leading to transmission of venereal diseases and/or HIV virus.<br />
Unsterilized medical equipment<br />
In camps where the displaced sought refuge, relief workers might not have managed to follow<br />
recommended precautions to sterilize instruments owing to the large numbers of casualties. Needles and<br />
syringes may therefore have been used without proper sterilisation, thereby transmitting the virus.<br />
Breakdown of social ties and relationships<br />
Many of the displaced women have been separated from their husbands through death, imprisonment,<br />
abandonment, disappearance and divorce. With the breakdown of social ties and relationships, sexual<br />
behaviours also change. Displaced people meet and form new friendships and relationships. Unprotected<br />
sex with new partners with untreated STIs multiplies the risk of infection with the HIV virus.<br />
Poverty and prostitution.<br />
70
Young women and mothers find themselves without basic needs and protection. They are broke and<br />
without skills to start income-generating activities, thereby increasing their susceptibility to commercial sex<br />
and promiscuity to secure food and other provisions and services. Displaced women working as prostitutes<br />
and their clients are both at high risk of contracting the virus because safe or protected sex is hardly<br />
practiced. Most dispossessed women cannot afford to buy condoms, which cost ten Kenya shillings for a<br />
pack of three. Some of their clients also refuse to use the condoms.<br />
Polygamy<br />
Displacement caused the separation of many families, and many single and unaccompanied women moved<br />
into towns and other settlements. Many of them were willing to marry as third or fourth wives for physical<br />
security and protection, and to meet their physiological and affective needs. Sex with multiple partners<br />
increases the risk of infection.<br />
Different levels of knowledge and awareness about HIV and its prevention.<br />
The effect of displacement is that people who fled from HIV-free areas suddenly found themselves living in<br />
crowded places with others from places with high HIV rates. Sexual contact between the two groups made,<br />
and still makes, those with little prior knowledge more vulnerable to infection. Displaced people eventually<br />
interact with the host population. Issues and problems among the host population, such as HIV-AIDS,<br />
affect the IDPs, and vice versa.<br />
In parts of TransNzoia, the scourge has wiped out whole villages, leaving hundreds of orphaned children as<br />
household heads. In towns like Nakuru, the number of street children has risen dramatically over the last<br />
few years, a situation attributed to break-up of the family unit due to displacement, deaths due to<br />
HIV/AIDS, prostitution and rising poverty levels. ( UNIFEM, Jan 2002, 23-24)<br />
Children and women displaced during the early 1990s particularly vulnerable<br />
• Women suffering from sexual assault during the clashes<br />
• Women exposed to security risks when returning temporary to farm on their land<br />
"Children, who constituted an estimated 75 percent of the displaced, were deeply affected. Many children<br />
had witnessed the death of close family members, and in some cases, had suffered injuries themselves. As a<br />
result, reports of children displaying aggressive behavior or suffering nightmares were common. The<br />
education of children was disrupted, in many cases permanently. Where parents and volunteers attempted<br />
to create makeshift schools at camps, local government authorities were known to close down the schools,<br />
depriving the children of any formal educational opportunity whatsoever.<br />
A study of the situation of displaced women in one camp in Kenya found that women had suffered rape and<br />
other forms of sexual assault during the clashes. After becoming displaced, the study found that gender<br />
inequalities were exacerbated. Displaced women were victims of "rape; wife-beating by their husbands;<br />
sexually-transmitted diseases; poverty; manipulation; hunger, fear, anger, anxiety; trauma, despondency,<br />
dehumanization; heavy workload and physical fatigue.' The report also noted that the women shouldered a<br />
bigger burden: they often risked returning to farm on their land because the men feared death if they<br />
returned; they frequently ate less in order to feed their husbands and children first; and they often suffered<br />
miscarriages or complications in childbirth due to the lack of an adequate diet and the harsh living<br />
conditions. " (HRW June 1997, p. 43)<br />
Shelter<br />
71
IDPs forced to leave Kyeni Forest living in makeshift shelters (August 2001)<br />
"Over 800 people reduced to living in makeshift shelters by the side of the Thika-Naivasha road have<br />
complained that they were harassed by forestry officials into leaving Kyeni Forest, 95 km from the Kenyan<br />
capital, Nairobi, in recent months after living there peaceably and with the government’s agreement for<br />
eight years.<br />
The group of 867 internally displaced persons (IDPs), forced out of Kyeni by forest station officers, were<br />
stranded in a roadside camp in Huruma, Thika District, since 5 June, with poor access to food, water and<br />
sanitation.<br />
Huruma camp committee chairman Gad Wainaina told IRIN that forest rangers had beaten the IDPs and<br />
burned their houses to the ground, forcing them to leave the forest where they had lived since 1993. 'All our<br />
identity documents were confiscated and destroyed, forcing us to live like refugees,' he said.<br />
Earlier this week, the process of moving the Huruma IDPs to a new plot back inside the forest began, 'to<br />
remove them from the dangers at the roadside', according to an official from the Thika District Forest<br />
Office. However, it was not known how long the IDPs would be allowed to stay on the new land, as it was<br />
only intended to be a temporary measure, he said."<br />
(IRIN 31 August 2001b)<br />
Poor shelter conditions for IDPs during the 1990s<br />
• Overcrowded and unsanitary shelters<br />
• Open makeshift structures of cardboard and plastic sheeting<br />
"Those whose lives were shattered by the killing and destruction fled to relatives, church compounds,<br />
nearby abandoned buildings, makeshift camps, and market centers. Often, the shelters where the displaced<br />
have congregated for years at a time have been overcrowded, unsanitary, and inadequate. Many were<br />
forced to create open makeshift structures of cardboard and plastic sheeting and to sleep outdoors. Food<br />
was often cooked under filthy conditions and many of the displaced routinely suffered health problems,<br />
such as malaria, diarrhoea and pneumonia. These conditions worsened during the rainy season. Frequently,<br />
local government officials would downplay the magnitude of insecurity in their area and disperse victims<br />
without providing adequate assistance or security to permit them to return to their land, putting them at<br />
risk." (HRW June 1997, p. 42)<br />
"Displaced families, joining families uprooted in previous years, sought shelter in church compounds,<br />
schools, and market areas. Local church leaders and human rights investigators charged that officials in<br />
Kenya's ruling political party instigated the violence to punish local populations that had opposed the ruling<br />
party during elections." (USCR 1999)<br />
"This week the Red Cross completed relief distributions to over 5,000 displaced persons [in the Nakuru and<br />
Laikipia districts] in Kenya's Rift Valley, most of them women and children.<br />
[...]<br />
Living conditions in these camps have been deteriorating and inadequate sanitation and overcrowding pose<br />
a constant threat of infectious diseases. 'The Red Cross has already built a number of pit latrines and is<br />
handing out soap and disinfectant as well as plastic sheeting and sleeping mats for the camp population',<br />
said Emmanuel Campbell, ICRC delegate in charge of cooperation with the National Society. In Laikipia,<br />
construction materials will be provided for the homeless." (ICRC 9 July 1998)<br />
72
ACCESS TO EDUCATION<br />
General<br />
Children's education disrupted by displacement (1993-2002)<br />
• Most of the displaced children have not been to school due to unaffordable fees, uniform,<br />
textbooks, and pens<br />
• In East Pokot one can travel more than 100km without seeing a school<br />
“Most of the displaced children have not been to school due to unaffordable fees, uniform, textbooks, and<br />
pens. Parents and guardians interviewed cited this as one of their greatest difficulties. Since most IDPs have<br />
to buy food and meet other basic expenses such as rent, education is not given a high priority. Some<br />
families take only one or two children to school, usually boys.<br />
NCCK and CJPC had made arrangements with the heads of local primary schools to allow the children of<br />
IDPs attend school without charge or at a subsidised cost that they would pay. Similar plans were made<br />
with local health centres and maternities. This project stalled due to lack of funds, and also because parents<br />
were unable to buy uniforms and textbooks. Food scarcity in many households compel many children to<br />
drop out of school, and their parents send them to work as house helps, herds boys, gardeners, or in flower<br />
and other agriculture farms to supplement the family income.<br />
At the Catholic Diocese of Nakuru Temporal Resettlement Project, schooling is free, and the pupils need<br />
not wear uniform. However, enrolment is still poor because of lack of food at home. Occasionally, there is<br />
a school feeding programme, but the number of pupils dwindles as soon as the programme ends.<br />
In the Kerio Valley, cattle rustling and other forms of violence have led to the closure of over thirty-five<br />
schools, as most people have moved up the escarpment. Abandoned schools are almost engulfed in tall<br />
grass and bushes. Where some schools are operational, most parents have withdrawn their children because<br />
pupils have often been attacked or killed on their way to school. Besides, most government employees who<br />
do not come from the region do not returned or are transferred, resulting in understaffing poor service<br />
delivery in many departments.<br />
In marginalized communities such as Pokot, inaccess to education is as much a result of lack of schools as<br />
it is of displacement. For instance, there is no school in the whole of Masol Location in East Pokot, and one<br />
can travel more than 100km without seeing a school. Displacement causes the population to move away<br />
from these few schools (UN DPMCU, Dec 2002, p, 39).<br />
"Forced displacement and insecurity disrupts children’s education as they leads to the closure of schools, or<br />
migration to zones without schools. In North Rift, 35 primary schools have been closed as people have<br />
moved to the escarpment, hence robbing a whole generation of much-needed education. In South Rift,<br />
existing schools have been reluctant to accommodate the children of displacees, while others have no<br />
teachers, classrooms or learning resources. Most of the displaced people have lost their source of<br />
employment (hence the breach of their right to work), so they are unable to pay school levies. Some<br />
children are also too traumatized to go to school, also raising the issue of their right to health. For most<br />
displaced families, education is not a priority issue. Over seventy per cent of interviewed parents said they<br />
work to feed and pay medical bills for their families, not to raise school fees." (JRS March 2001, p.24)<br />
73
ISSUES <strong>OF</strong> SELF-RELIANCE AND PUBLIC PARTICIPATION<br />
General<br />
Income-generating activities within IDP camps are non-existent<br />
• Some IDPs are able to go to their own farms during the day to tend their crops<br />
• IDPs living in urban areas have to contend with rent, electricity, water and other bills, as well as<br />
buying food<br />
• The number of commercial sex workers is said to have risen dramatically in such towns as<br />
Naivasha, Gilgil and Nakuru<br />
“ Income-generating activities within camps are non-existent, and IDPs rely mainly on relief food, where it<br />
is available. At ‘Bosnia’ and Louis Farm, adults and children walk long distances to large agriculture farms<br />
to provide casual labour, for which they earn between Ksh 30 and Ksh 100 per day. Sometimes children are<br />
picked up each morning in tractor-drawn trailers and returned to the camp in the evenings. Wealthy<br />
members of the host community hire some women and children to perform household chores such as<br />
laundry, drawing water, fetching firewood and cooking.<br />
Agricultural activities<br />
Some IDPs are able to go to their own farms during the day to tend their crops, but return to rented<br />
accommodation or camps in the evenings. Sometimes the crops are stolen just before harvest time, or<br />
pastoralist communities illegally graze their cattle on their crops. This leads to despair and apathy,<br />
especially because of apparent inaction by local authorities. The Marakwet on the escarpment are forced to<br />
go down into the valley during the day to gather food. Some men, having lost all livestock, have shifted<br />
their attention to beekeeping, while women produce beads, baskets, ornaments and other souvenirs made<br />
from local materials. However, they lack ready market for these items because trade in the entire region is<br />
hampered by insecurity. Others have hired small plots of land on the outskirts of the towns, where they<br />
grow vegetables and cereals to meet their food requirements.<br />
Petty Trade<br />
IDPs living in urban areas have to contend with rent, electricity, water and other bills, as well as buying<br />
food. This can be particularly challenging for those without a steady source of income. Many engage in<br />
petty trade, buying and selling vegetables, second-hand clothes and shoes (mitumba), food items, fuel<br />
(paraffin, charcoal, firewood), while others operate small retail shops. A few work in factories, others have<br />
started small businesses such as brewing illicit liquors and tailoring. The main economic activity among the<br />
Pokot encamped at Orwa, Marich and Sigor is charcoal burning, but the forestry department has banned<br />
this due to serious environmental degradation in the area. Given the harsh natural environment, loss of<br />
livestock, lack of capital, and limited survival alternatives, encamped IDPs are particularly destitute.<br />
Commercial sex work<br />
In the last decade, the number of commercial sex workers is said to have risen dramatically in such towns<br />
as Naivasha, Gilgil and Nakuru. The sex workers cite displacement, death of or abandonment by spouses,<br />
dispossession, lack of skills for anything else, poverty and idleness for engaging in the practice. Some<br />
married women also practice commercial sex because they have bills to pay and the men ‘are like children’.<br />
Some women alleged they have to sleep with or bribe policemen to avert arrest for brewing illicit liquor.”<br />
(UN DPMCU, Dec 2002, pp, 38-39)<br />
74
IDPs feel that someone took the land that belonged to them (2002)<br />
• Families become increasingly concerned by the difficulties of housing their families in cramped<br />
spaces<br />
• IDPs feel like refugees in their own country<br />
“With no available land nearby, and the prospect of further violence should they attempt a return, the<br />
Thessalia families have little option but to remain on the tiny parcels of land provided by the church.<br />
'We have to raise our families, eat and sustain ourselves on a quarter acre of land. We can’t do it. I feel like<br />
I am a refugee in my own country,' the Thessalia community chairman told IRIN recently.<br />
Although the Thessalia IDPs hope of getting access to some additional land nearby, or maybe a little<br />
financing for income generation activities, what they want more than anything is to return to their land in<br />
the Rift Valley, which they still claim is rightfully theirs, Florence Oduor, of People for Peace in Africa, a<br />
nongovernmental organisation working with the Thessalia community, told IRIN recently.<br />
'They still feel they have been wronged all these years. They still feel that someone took land that belonged<br />
to them. There is no way you are going to convince them that that land is now owned by someone else,'<br />
says Oduor.” (IRIN, 14 Nov 2002).<br />
The violence has condemned a formerly self-sufficient and productive sector of the<br />
economy to permanent dispossession and poverty (September 2004)<br />
• Displaced farmers have been reduced to begging or crime in order to survive for lack of valid<br />
skills in the salaried sector<br />
• IDPs living from hand to mouth<br />
• Many IDP children have become hardcore criminals<br />
"To ensure that large gatherings of clash victims were not easily visible to visiting diplomats, the media or<br />
human rights groups, local government officials dispersed camps of the internally displaced without any<br />
consideration of where these victims could go.<br />
[...]<br />
The violence and the ensuing government harassment has condemned a formerly self-sufficient and<br />
productive sector of the economy to permanent dispossession and poverty. Many are renting homes or<br />
living on hired land. Others have become part of the urban poor, either unemployed or working as day<br />
laborers who receive barely enough to survive. Many of the displaced are farmers by occupation who did<br />
not receive much formal education or training in skills of the salaried sector. As a result, some of the<br />
displaced have been reduced to begging or crime in order to survive. In recent years, there has been an<br />
alarming rise in the number of street children in Kenya. Among them are many children who were<br />
displaced and dispossessed by the clashes." (HRW June 1997, p.77)<br />
"Inside Kayole’s Soweto slums, where Elizaphan Njoroge lives on what used to be a sisal plantation, his<br />
two-roomed tin shack is the envy of the many people who were evicted from Muoroto, never to get a place<br />
to settle.<br />
Njoroge is a lucky man as far as city land problems go: he was allocated a quarter acre plot in a swampy<br />
area after Muoroto residents were brutally evicted from Muoroto.<br />
Of the 2,500 people who once resided in Muoroto, only 350 were resettled.<br />
75
In the rainy season, Njoroge’s luck temporarily runs out." Although the rains are a good thing, we always<br />
dread them because the water fills our house and drenches everything," he says. "This was once a sisal<br />
plantation."<br />
Once a budding entrepreneur who ran a food kiosk in Muoroto, Njoroge now says: "My food kiosk was<br />
known by many people, some of whom came all the way from the city centre," he says nostalgically. "They<br />
liked my food because the prices were affordable and the food was of good quality," he adds.<br />
Fourteen years down the road, Njoroge has moved from a proud breadwinner who used to provide for his<br />
family to a man who lives from hand to mouth.<br />
His youngest daughter saunters into the sitting room, oblivious of her father’s predicament.<br />
"Fourteen years ago, providing for my family was not a problem because I had the money. Today, I don’t<br />
know what to tell her," says Njoroge, fishing a rusty coin from his pocket for his daughter’s sweets.<br />
"I was a hardworking man and God had blessed me with a good business. All I’d wanted in life was to see<br />
my family live like other Kenyan families," said Njoroge.<br />
Like all ex-Muoroto residents, Njoroge still finds it painful to recall the events leading to his violent<br />
expulsion from Muoroto in 1990.<br />
"We were not beggars or dependants," said Njoroge. "Today, the people have lost all hope and are scattered<br />
all over. We don’t even know where some of the people went."<br />
Njoroge, who has been the de facto leader of the Muoroto squatters since the dispersal and has taken it<br />
upon himself to track down many of the families that lived beside his.<br />
"I’ve been keeping tabs on some of our people, trying to keep records of those who have died and those<br />
who moved elsewhere."<br />
Njoroge recalls that they were transported to the swampy Kayole area by City Council lorries in November<br />
1990.<br />
He says a District Officer he only remembers as Kimemia was ordered by the Nairobi Provincial<br />
Commissioner at the time, Mr Fred Waiganjo, now deceased, to supervise the re-location.<br />
The Muoroto families who had been promised new homes in the expansive Soweto plains were dumped<br />
and abandoned there.<br />
"For two years, we lived with our families in the cold like lorries, with nothing to eat, after we were<br />
dispossessed of everything," recounted one Githongo, also an ex-Muoroto resident.<br />
Githongo relived the first two years of their stay in the cold in Soweto, saying they used to hunt for hares<br />
and antelopes for food.<br />
Although they were made to understand that government land surveyors would allocate them land,<br />
Githongo says that the surveyors, in cahoots with the local chief, bypassed them and sold the plots to those<br />
who could afford to pay for them.<br />
Only 350 of the former Muoroto residents who were resettled in Soweto — divided into "Muoroto original"<br />
and Kayole Riverside.<br />
Others were taken to Dandora Area Five.<br />
76
"We don’t know where the rest are scattered," says Njoroge.<br />
Residents here claim that Embakasi MP David Mwenje, then an assistant minister in the Kanu government,<br />
displaced Muoroto people in collusion with the area chief.<br />
In a rare admission, Njoroge said many of their children had become hardcore criminals. "We became so<br />
poor that our children had to go out to fend for themselves," says Njoroge. "It is our children who loiter the<br />
estates of Umoja, Doonholm and Buru Buru.<br />
Toddlers when we were thrown out of Muoroto, they have become dangerous and social misfits."<br />
When a new government was elected in December 2002, the ex-Muoroto people had great expectations.<br />
Nearly two years down the line, the optimism has turned into scepticism and disillusionment.<br />
"People are dying, people are hurting and the government has become insensitive and negligent," said a<br />
resident." (East African Standard, 12 September 2004)<br />
77
DOCUMENTATION NEEDS AND CITIZENSHIP<br />
General<br />
Displaced women not registered as voters (2002)<br />
• Women are not represented in traditional decision-making and justice systems<br />
• Many displaced women and youth are not registered voters mainly for the following three<br />
reasons:<br />
• Loss or destruction of identification documents and inability to replace them<br />
• They are traumatized by the memory of their experiences and associate elections with violence<br />
• The emergence of the Mungiki sect with its emphasis on cultural ‘renaissance’ and disassociation<br />
from the current government discourages many youth from taking identity cards<br />
“Many married displaced women interviewed do not have control over decisions about the management of<br />
resources at home, for example what proportion of the food produced can be sold to meet other expenses.<br />
Sometimes the men sell off everything to drink beer, or go off with prostitutes. The men decide what<br />
activities are to be done by the household, e.g., casual labour, or going to the market. Most men restrict<br />
their wives’ movement, and beat them up when they complain or come home late. The common view is<br />
that what a man says holds and cannot be challenged (especially by the wife), because he is the head of the<br />
family. The wife is expected to obey and support him in whatever he decides, whether she agrees with him<br />
or not.<br />
Women are not represented in traditional decision-making and justice systems. They are therefore not<br />
empowered to participate in making decisions on matters that affect their lives, or to defend themselves<br />
effectively on gender-insensitive cultural practices, particularly those pertaining to land ownership and<br />
inheritance. These cultural attitudes and practices, in addition to delays to compensate the displaced, have<br />
deepened their dispossession. Corruption in the land adjudication office, the judicial system and reluctance<br />
to address the question of loss of property and compensation compound the dispossession of the displaced.<br />
Many displaced women and youth are not registered voters, and they did not vote in the 1997 General<br />
Elections. This is due to three reasons. Firstly, loss or destruction of identification documents and inability<br />
to replace them prevented them from registering as voters. Secondly, they are traumatized by the memory<br />
of their experiences and associate elections with violence, loss and the disruption of their lives. They want<br />
to ‘have nothing to do with elections’, and believe that their vote would not make any difference because,<br />
in their view, elections are bound to be technically rigged anyway. Thirdly, the emergence of the Mungiki<br />
sect with its emphasis on cultural ‘renaissance’ and disassociation from the current government discourages<br />
many youth from taking identity cards, hence registering as voters. This is setting a dangerous precedent of<br />
disenfranchisement among the youth, particularly the thousands who have grown up in displacement,<br />
illiteracy, poverty, and with dim future prospects.<br />
The Mungiki Sect appeals to the disaffected youth because; basically it is a movement for the youth,<br />
articulating their problems and challenges. The sect is keen on promoting the participation of the youth in<br />
decision-making, with the ultimate aim of taking over power and management of the economy. They are<br />
very unhappy about the problems facing Kenya today, including poor governance, population displacement<br />
and concomitant poverty, illiteracy, unemployment and disenfranchisement.<br />
78
The movement emphasizes the human rights and freedoms of Kenyan citizens, but fails to highlight to its<br />
followers and supporters the duties and obligations that must go hand in hand with such rights and<br />
freedoms. For example, Mungiki members believe that since they are Kenyans by birth, they do not have to<br />
prove their nationality by acquiring national identity cards. The sect is popular among the youth also<br />
because its leaders take an aggressive and rebellious stance on various issues (UNIFEM, Jan 2002, p,26).<br />
People displaced in the Coast area could not vote in 1997 elections because of loss,<br />
destruction or denial of identification documents<br />
"Intimidation and displacement of coastal up-country people and opposition sympathizers in other parts of<br />
the country changed the electoral demography by distorting the voter distribution pattern. Many of the<br />
displaced could not register as voters due to loss, destruction or denial of identification documents. This<br />
played a key role in predetermining the outcome of the elections." (JRS March 2001, p.9)<br />
79
ISSUES <strong>OF</strong> FAMILY UNITY, IDENTITY AND CULTURE<br />
General<br />
Lack of employment during displacement alters pattern of sex roles<br />
• Men feel that they loose authority, status and respect<br />
• Women take up the task of feeding the familiy<br />
“Conflict and displacement affect men and women in different ways. The effects of conflict, including<br />
dispossession, loss of means of livelihood, and general disruption of life have a more lasting impact on<br />
women and children than on men. In all conflict situations, women and girls constitute the most vulnerable<br />
group. Men either go off to take part in the armed hostilities or are imprisoned, leaving women behind as<br />
household heads, or they are killed in the violence leaving them widowed or orphaned. Women are the ones<br />
usually left with the burden of escaping with the children, and meeting all their needs in absolute poverty<br />
and in new, unfamiliar environments and difficult circumstances. This role overload is particularly difficult<br />
for the women where conflict has resulted in the breakdown of former support structures and kinship ties<br />
through separation of family members. Women household heads now take up the responsibility of taking<br />
care of children and ageing relatives. Displaced women have few or no opportunities to continue their<br />
livelihoods, and often have no access to remunerative work. The lack of information about the whereabouts<br />
of some family members adds to their trauma and sense of uncertainty. Their situation is worse where<br />
cultural values or beliefs and practices reinforce marginalization or isolation of raped, widowed or<br />
handicapped women.<br />
During conflict, women fleeing violence face the danger of physical and sexual violence including torture,<br />
humiliating interrogation procedures, rape and the trauma of watching their loved ones killed or raped and<br />
their property looted or destroyed. In some situations, such as the recent clashes in the Kerio Valley,<br />
women and girls become targets for deliberate attacks by the opposing parties for purposes of revenge. For<br />
various articles on gender and displacement, see Forced Migration Review, Issue No. 9, March 2001.<br />
Men react to displacement differently from women. Loss of property and lack of alternative employment<br />
reduces men’s capacity to provide for their families. This demoralises them, and many break down and start<br />
abusing drugs. That women take up the task of feeding the family and meeting other needs is not always<br />
taken kindly by men, who feel that they have lost their authority, status and respect. Changes in or reversal<br />
of gender roles and concomitant resentment triggers resource-related violence as the women, now<br />
household heads, access and control the management of resources. Some men abandon their wives and<br />
children to take other wives and start ‘afresh’, or go away to look for jobs and never come back.<br />
The reality of displacement places various challenges to women, especially the widowed or abandoned<br />
wives who have large families to feed. Loss of property, lack of social security from the extended family<br />
and lack of access to means of livelihood create conditions for sexual-based violence including rape,<br />
prostitution and forced or child marriages (UNIFEM January 2002, pp. 8-9).<br />
As many as fourteen children per mother in some households<br />
• Teenage mothers have between one and five children, fathered by different men<br />
• As many as four couples sharing one room with all their children and grandchildren<br />
80
“During the field study, The lives and life choices of dispossessed women in Kenya one hundred and<br />
twenty displaced families were visited. It was observed that the size of households was very large, with as<br />
many as fourteen children per mother. Those living in urban and peri-urban areas are larger, due to<br />
illegitimate offspring born to teenage mothers. A number of widows and abandoned women also had<br />
young children born from sexual relations with men in the host community, and commercial sex in the<br />
urban areas. Teenage mothers have between one and five children, fathered by different men. None of these<br />
men assume their responsibilities to the woman or the children. The children are usually left in the care of<br />
the female grandparents. Teenage mothers living with their parents are also dependants, as they do not have<br />
skills or capital to start income-generating activities.<br />
In camp situations, as at Louis Farm in TransNzioa or ‘Bosnia’ in Kitale, family members live in crowded<br />
shelter together. There may be as many as four couples sharing one room with all their children and<br />
grandchildren. One household may therefore have twenty persons and as many mouths to feed.<br />
In ‘Resettlement Farms’ run by the NCCK, CJPC and the government, the number of people per household<br />
is much smaller. At Elementaita, for example, there is an average of five people per household, who are<br />
mainly old women and their grandchildren. Men and the youth have shifted to towns and other places to<br />
seek employment, because of the harsh natural environment and because poor prices fetched by the farm<br />
produce are not enough to feed the families. The youth are also bored and try their luck elsewhere.<br />
In peri-urban areas like Bahati and Dundori in Nakuru, households have about ten persons. They are mainly<br />
farmers living in rented accommodation and have hired plots of land from the host community or in the<br />
forests. They also burn charcoal or provide casual labour to large agricultural farms. Young people are<br />
conspicuously absent, as they have moved to towns to look for jobs in timber mills, hotels, shops,<br />
nightclubs or industries. (UNIFEM January 2002, p 8-9).<br />
Disruption of lives compelled families to minimize costs by sharing houses, kitchens,<br />
food, and work<br />
• Reallocation of land has affected the size of families<br />
• Women-headed households constitute more than half the total number of families among IDPs<br />
“Among Kenya’s IDPs, the average family has eight (8) members. Some have as many as twenty persons,<br />
due to traditional living arrangements that promote extended families to live in one household. Moreover,<br />
disruption of lives through loss of means of livelihood compelled several families to minimize costs by<br />
sharing houses, kitchens, food, and work. Families of the newly married are small, although most are still<br />
dependent on their parents for accommodation and remain registered as dependents. Those who were<br />
children during the clashes in 1992 have grown up and started their own families; thus a household<br />
registered as one may have several sons, their wives and children, as well as uncles and aunts with their<br />
extended families!<br />
Such huge families can be attributed to the fact that during the registration of IDPs for reallocation of land<br />
in such places as Kapsita, only those with titles were considered. While some household heads had already<br />
subdivided land to their sons, the said sons had not acquired title deeds for the parcels they had inherited,<br />
and therefore could not be considered as separate families. They (and their families) were registered as<br />
dependents, and their father had to subdivide his five-acre plot to them. This has created congestion and<br />
conflict within families, especially because over the years, the population has grown and young adults are<br />
asking for land to start their own families.<br />
Women-headed households constitute more than half the total number of families among IDPs. They are<br />
widowed, separated or unwed single parents. Cases of separation are high for various reasons: firstly,<br />
81
women and children remain in safer areas while men go to cultivate their farms, or migrate outwards in<br />
search of jobs. Secondly, men unable to cope with the pressures of inability to provide become violent or<br />
abandon their families. Abandoned/divorced women eventually get involved in other relationships,<br />
resulting in a growing population of children born out of wedlock, most of whom drift into the streets.<br />
Displaced girls are largely illiterate and deprived, which predisposes them to commercial sex work and<br />
early marriage, sometimes in polygamous unions. Married couples have many children due to lack of<br />
awareness or access to family planning methods. Most reproductive health services are expensive or far<br />
away, while some customary, social or religious beliefs inhibit the use of contraceptives. Consequently,<br />
children below fifteen constitute more than 65 per cent of displaced population in Kenya today "(UN<br />
DPMCU, Dec 2002, p. 30).<br />
Breakdown of social support systems (2000)<br />
• Trust between families, neighbours, communities and regions undermined by conflict<br />
"Perhaps the greatest casualty of the clashes was the trust that existed between families, neighbours,<br />
communities and regions. Distrust, resentment, suspicion and hatred replaced harmonious existence and<br />
long term interaction. While the impact of these conflicts has not been systematically assessed, evidence<br />
suggests massive losses and intense trauma. Areas affected have experienced declining standards of living<br />
manifested in deteriorating heath status, diminishing income levels, elevated school dropout rates, largescale<br />
trauma, and a general sense of hopelessness [...]. The fracture experienced by communities led to a<br />
breakdown in social support systems and normative structures that regulate interaction and behaviour. This<br />
in turn, increased both social and physical insecurity. In the words of the Nigerian novelist, Chinua Achebe,<br />
the things that held people together were no more, and communities had fallen apart." (Kathina Juma May<br />
2000, p.16)<br />
82
PROPERTY ISSUES<br />
General<br />
Both victims and perpetrators of displacements seek compensation from the<br />
government(2004)<br />
• The nomadic Maasai people, held responsible for the displacement of thousands of farmers, claim<br />
compensation from the government for land they signed away to British settlers 100 years ago<br />
• There is controversy as to the legality and length of the treaties signed by the British settlers and<br />
the Maasai<br />
• Protests over the lost land have become increasingly violent<br />
• Victims of the displacements in the 1990s collect information on the property lost and want the<br />
government to resettle them or compensate them<br />
"The Maasai community has been demonstrating in the streets of Nairobi demanding the return of their<br />
ancestral land that was taken over by British settlers. The lands extend from Laikipia, Nakuru, Naivasha,<br />
Mau Narok and Nanyuki all situated in the Rift Valley province. The Maasai leaders signed two treaties in<br />
1904 and 1911 with the then British colonial government who then received huge swathes of land. The<br />
lease for 99 years expires this year although the Minister for Lands has added confusion to the situation by<br />
announcing that the leases have not expired and that the British occupants have an additional 900 years to<br />
their leases. This statement however goes against the provisions of the draft constitution. The draft nullifies<br />
leases allocated to non-citizens for a period longer than 99 years. The Maasai community is currently<br />
actively seeking restitution. Solutions floated to address this predicament include requesting the British to<br />
give back the land to the Massai community or equitably compensate the Maasai community for lands that<br />
they occupy. The ministry is studying the Anglo-Maasai treaty to ascertain how it was sanctioned.<br />
Meanwhile, with the prevailing drought conditions, the Massai have invaded private ranches in search of<br />
pasture. The government has announced that it will look into providing other areas where the Maasai will<br />
be able to access land for pasture in order to avoid conflict among communities over scarce resources."<br />
(UNOCHA, 15 September 2004)<br />
"Maasai leaders have put a Sh10 billion price tag on ancestral land they signed away 100 years ago.<br />
That is the amount they are floating as possible compensation for the land they lost in Laikipia through a<br />
treaty with the colonial government, signed in 1904.<br />
They say the treaty expired after 99 years and that they are now entitled to have the land returned.<br />
But the Government insists the treaty was for 999 years and they have asked the Maasai for proof of their<br />
claim.<br />
Protests over the lost land have become increasingly violent, with one herdsman shot dead following attack<br />
on police which followed an Maasai invasion of private ranches in Laikipia, and 13 people arrested during<br />
demonstrations in Nairobi.<br />
83
The new demand for Sh10 billion in compensation was put by Cabinet minister William ole Ntimama at a<br />
meeting called to discuss ways of settling the issuing and ending the protests.<br />
He told the talks, chaired by National Security minister Chris Murungaru, "The Government should take<br />
care of Maasai interests instead of beating them up."<br />
And he went on: "If it can write off a Sh5 billion loan owed by coffee farmers, it can also set aside Sh10<br />
billion to buy land for the Maasai."<br />
Mr Ntimama, the Public Service minister, said the battle for lost land would not end until the Maasai were<br />
given compensation.<br />
The Narok North MP said that in the era of Independence, the government was given money by the British<br />
to settle people who had lost land.<br />
"The departing colonialists paid the Kenya government money to settle its people but no Maasai benefited,"<br />
he was reported to have said.<br />
Mr Ntimama claimed the Kenyatta government instead used the Settlement Transfer Fund (STF) to settle<br />
landless people from other communities.<br />
The succeeding regime of President Moi regime, he added, also settled people from other communities on<br />
Maasai land.<br />
He said the Maasai were not demanding that they should be allowed to go back to their lost farms but<br />
instead should be compensated for their land.<br />
The meeting, in the 10th floor conference room of Harambee House, Nairobi, on Tuesday afternoon, was<br />
called by Dr Murungaru to ask Maasai and Samburu leaders to pacify those of their people who had started<br />
to invade farms in Laikipia.<br />
Apart from Dr Murungaru and Mr Ntimama other who took part in the meeting were Education minister<br />
George Saitoti (Kajiado North), assistant ministers Gideon Konchellah (Kilgoris), Simeon Lesirma<br />
(Samburu West), and Mwangi Kiunjuri (Laikipia East), and MPs Joseph ole Nkaiserry (Kajiado Central),<br />
G.G. Kariuki (Laikipia West) and National Assembly Speaker Francis ole Kaparo.<br />
Dr Murungaru started the talks by urging leaders to ask their people not to take the law into their own<br />
hands.<br />
He was said to have expressed fears that if not stopped, the land invasions were likely to become tribal<br />
clashes.<br />
"He said the government would not wish to see its citizens taking the law into their hands as if the issue at<br />
hand was unmanageable," said one person present.<br />
The Kajiado Central MP, Mr Nkaiserry, accused the Government of using excessive force against the<br />
Maasai who met at Uhuru Park, Nairobi, to present their demands.<br />
The Kanu MP said threats and intimidation would not prevent the community from demanding their land.<br />
The MPS urged the Government to move quickly to compensate the communities.<br />
Prof Saitoti said that although it was wrong for the Maasai to invade private farms, the legal aspects<br />
surrounding the original lease should be addressed.<br />
84
The community, he said, had raised legal concerns about the lease and it was the Government's duty to<br />
scrutinise them and come up with a solution.<br />
Mr Lesirma, the assistant Planning minister, said should the claim that the lease had expired be proved<br />
right, the Government should be in the forefront of getting land for their communities.<br />
Mr Nkaiserry accused Lands minister Amos Kimunya of annoying the Maasai more by claiming the lease<br />
was for 999 years and not 99.<br />
While the Maasai and Samburu leaders were defending their communities, Mr Kiunjuri and Mr Kariuki<br />
defended Kenyans who had bought land in Laikipia.<br />
They said the legal aspects surrounding the acquisitions should be addressed in solving the problem.<br />
Dr Murungaru later gave a warning to anyone inciting the Maasai into invading the ranches that they would<br />
face the law.<br />
In a statement issued after the talks, which set out the Government's position, he said: "The Government<br />
expresses its disappointment at the recent invasion of private ranches and people's land by some members<br />
of the Maasai community in Laikipia District, after being incited by some NGOs."<br />
The Maasai had been "made to believe in false propaganda that the land leases had expired".<br />
Then, in a crucial paragraph, Dr Murungaru stated: "Even if the leases were to expire, such land would<br />
revert to the Government, which would them decide what to do with it.<br />
"The Government therefore urges wananchi (the public) in the affected areas, particularly the Maasais, to<br />
strictly observe the law and ensure peace prevailed."<br />
He said that following the Tuesday talks, it was agreed the Maasai, "like many other communities in<br />
Kenya," do have outstanding issues that require attention but which must be resolved within the law."(Daily<br />
Nation, 26 August 2004)<br />
“More than 150 families displaced during the tribal clashes in the 1990s have resolved to seek<br />
compensation from the Government. They will form a committee for the purpose and also collect<br />
information on displaced people and the property lost. The representatives of the Internally Displaced<br />
Persons group met in Nakuru and said they wanted the Government to resettle them and provide them with<br />
security. They were formerly resident in the South Rift Valley districts of Nakuru, Laikipia, Kericho and<br />
Koibatek. They asked the Government to interrogate those behind the clashes and hear the views of<br />
survivors so that justice could be done” (UN DPMCU, 7 July 2003).<br />
Commission urges the Government to issue land title documents<br />
• Disputes over land ownership and use were considered to be one of the causes of the violence<br />
" 'To inspire confidence in the government, all those who were displaced from their farms during the tribal<br />
clashes should be assisted to resettle back on their farms and appropriate security arrangements made for<br />
their peaceful stay', said the report on the 'Judicial Commission Appointed to Inquire into Tribal Clashes in<br />
Kenya', according to excerpts published in the 'Daily Nation' newspaper.<br />
85
Because disputes over land ownership and use were considered to be one of the causes of the violence, the<br />
government should also issue land title documents to people who had either been allocated land, or had<br />
bought land from previous owners, the report said. The lack of legal titles to land is an obstacle in attempts<br />
by some displaced people to return to the areas they occupied before the clashes, according to a 2001 report<br />
on internal displacement in Kenya by the Jesuit Refugee Service (JRS).<br />
The Commission, led by Justice Akilano Akiwumi, was appointed by Kenyan President Daniel arap Moi in<br />
July 1998, and handed in the report to the president in 1999.<br />
Until last week, however, the government had withheld the document, despite calls from civil society<br />
groups and a judgement from a court in Mombasa that it should be released in order to be used as evidence<br />
in a compensation suit brought by a Kenyan farmer against the government.<br />
The report calls for a number of politicians, local administration officials, and security and police officers<br />
to be investigated over their alleged roles in clashes, which led to the deaths of more than 800 people and<br />
the displacement of some 130,000 between 1991 and 1994, according to the Commission.<br />
JRS estimates, however, that some 300,000 people were displaced in violence sparked by the 1992 return to<br />
multi-partyism, with tens of thousands more being displaced in 1997, again around election time. Some<br />
220,000 Kenyans are currently living under temporary arrangements, having had to flee their homes as a<br />
result of conflict and natural disasters, though not all associated with the 1992 and 1997 elections, JRS<br />
says.<br />
Among the names of people to be investigated were several current cabinet ministers, including Trade and<br />
Industry Minister Nicholas Biwott and Minister in the Office of the President Julius Sunkuli, both for<br />
alleged involvement in violence in Kenya's Rift Valley Province.<br />
However, Kenya's chief lawyer has criticised the report for alleged bias. 'The government is of the view<br />
that the report was not objective in its analysis of the evidence before it,' Attorney- General Amos Wako<br />
said in announcing the report's release on 18 October.<br />
The government has released its own document, making comments on the Commission's findings. In it, the<br />
government says the 'Akiwumi' report is biased against the Kalenjin and Maasai ethnic groups, and ignores<br />
the role played by other groups such as the Kikuyu, Kenya's most populous tribe, according to a 'Daily<br />
Nation' report.<br />
According to the JRS report, an informal coalition of Kalenjin, Maasai, Turkana and Samburu was set up in<br />
the Rift Valley to rid the area of 'opposition elements.'<br />
The 'Akiwumi' Commission also criticised the Kenyan police force, and provincial administrations in<br />
several provinces for failing to prevent the violence, and for inciting the violence in some cases. The report<br />
criticises the 'negligence and unwillingness on the part of the Police Force and provincial Administration to<br />
take firm and drastic action which would surely have prevented the clashes from erupting'.<br />
The report therefore recommends that the police forces should be de-linked from the provincial<br />
administrations and be made an independent unit. It also recommends that the provincial administration<br />
should be 'divorced wholly' from the activities of political parties.<br />
The 'incitement and abetment of tribal and inter-clan clashes by social and political leaders as well as by<br />
members of the security, police and administrative services, should no longer be tolerated,' the report said<br />
as quoted by the 'Daily Nation' " (IRIN, 24 Oct 2002).<br />
86
Individualizing public land has generated new types of disputes (2000)<br />
• Main disputes over the boundaries and actual ownership of holdings<br />
• Land is also given as grants to political elites to maintain patronage securing political loyalty<br />
• The privatisation of land has led to evictions<br />
• Land tenure reform hinges not only on issues of land productivity but also on issues of social<br />
restructuring, polarisation and exclusion<br />
"The Kenyan practice of individualizing public land has created more people without rights to land and has<br />
generated new types of disputes over ownership, a new report concludes. Further, giving private ownership<br />
titles does not appear to have had much effect on credit as very few people use titles for loans, nor does it<br />
give positive environmental effects.<br />
These are the main conclusions of a new study by Karuti Kanyinga, Re-distribution from above. The<br />
Politics of Land Rights and Squatting in Coastal Kenya, published by the Nordic Africa Institute.<br />
Kanyinga, basing his studies in coastal Kenya, criticizes the proponents of the individualization of land<br />
titles in Africa.<br />
They "have hinged their position primarily on the argument that it would encourage land holders to access<br />
credit, invest more of their resources, including labour and time, in the land, engage in responsible,<br />
environmentally-friendly land use, and, overall, raise the level of agricultural productivity whilst limiting<br />
the damaging consequences of the 'tragedy of the commons'." The coastal districts of Kenya are an area<br />
with a long history of private land ownership which is also situated in a country with one of the most<br />
comprehensive efforts at land tenure reform dating from the colonial period.<br />
Maize cropping in Kenya Source: IITA/CGIAR<br />
The Kenyan reform of land tenure has been accompanied by different types of disputes, of which the main<br />
ones are those over the boundaries and actual ownership of holdings. Some of these disputes have brought<br />
the members of the Kenyan Land Adjudication Committee into disrepute because of favours done for those<br />
who have the ability to pay. "Arguably, the reform process is gradually eroding popular confidence in<br />
traditional institutions for dispute arbitration because the ability to bribe and influence has become an<br />
important element in arbitration processes whether one has a legitimate claim or not," Kanyinga argues. -<br />
Furthermore, the reform process has intensified with corrupt modes of land acquisition.<br />
These have in turn resulted in elites accumulating more land at the expense of others. - One of the principle<br />
arguments of the proponents of land indivualization is that a title to the land would give farmers access to<br />
credit, which could be used to modernise land tenure. However, "titling appears not to have had much<br />
effect on credit as very few people use titles for loans. The fear of high interest rates and of subsequent loss<br />
of land on default prevents most title holders from using the title as collateral," Kanyinga finds.<br />
One of the most serious problems in the Kenyan land reform to which Kanyinga points is the actual<br />
maldistribution of land titles. "Land is also given as grants to political elites not for the purposes of<br />
economic development and the nurturing of indigenous capital but principally for the purpose of<br />
maintaining patronage relations and of securing political loyalty," Kanyinga has observed. "Most<br />
beneficiaries do not utilize the land but turn their grants over to private developers, a majority of whom are<br />
foreign hoteliers."<br />
Assessing the implications of these actions, Kanyinga concludes that this accumulation "has washed away<br />
the bases of indigenous capitalism and replaced them with Asian and foreign corporate ones which,<br />
87
however, are connected to central state elites." At the local level, he states, "these forms of accumulation<br />
have resulted in economic and social domination over the local people."<br />
In general, therefore, "the state's practice of individualizing public land according to political considerations<br />
has created more people without rights to land and has generated new types of disputes over ownership.<br />
The most important of these concerns the allocations of public land in prime, high potential areas, leading<br />
to the eviction of those already settled on the land in disregard of the improvements that occupants have<br />
made over long periods of occupation."This brilliant study demonstrates the complexity of land reform and<br />
individualization of public land.<br />
The discussion suggests that land tenure reform hinges not only on issues of land productivity but also on<br />
issues of social restructuring, polarisation and exclusion.Kanyinga's report thus strongly challenges the key<br />
assumptions of the proponents of land indivualization." (NAI, 31 December 2000)<br />
Privatisation of land and concentration of power over land in the Presidency prompted<br />
violence and displacements<br />
• The colonial administration granted land to chiefs and the wealthy at the expense of lower social<br />
groups<br />
• This has generated continued post-colonial land disputes based on decreased tenure security<br />
amongst the majority<br />
• The President holds land in trust for the state and granted land to retain a clientele of loyalists in<br />
advance of elections<br />
• 20% of the Kenyan population own over 50% of the arable land<br />
• 13% are landless<br />
• The rest own an average of one acre<br />
"In Kenya colonial land injustices and contemporary land policies have had far-reaching and varying<br />
effects on the control and access to land by the majority of the people. Increasingly land ownership patterns<br />
are derived from endowments arising from class differentiation strategies which emerged in the<br />
colonial era (Lumumba and Kanyinga, 2003), and have lead to growing landlessness. Thus 20% of the<br />
Kenyan population own over 50% of the arable land, while the rest own an average of one acre, and 13%<br />
are landless, or do not have any protectable right over land, and are referred to as “squatters,” “trespassers”<br />
or “adverse possessors” (Ibid). The colonial Swynnerton land tenure reform plan led to a markedly skewed<br />
distribution of land, with chiefs, loyalists, and the wealthy acquiring more land than others while the lower<br />
social groups lost considerable amounts of land, especially where they had not participated in this colonial<br />
adjudication of land rights (Lumumba and Kanyinga, 2003). This has generated continued post-colonial<br />
land disputes based on decreased tenure security amongst the majority<br />
(Haugerud, 1983, 1989, 1992; Shipton, 1988; Fleuret, 1988; Mackenzie, 1990), and has led to open abuse<br />
of land allocations by those involved in defining the existing structure of land rights.<br />
Because Kenya’s land law grants enormous powers of control of land to the President who holds land in<br />
trust for the state, the President tends to grant land to a few individuals and corporate interests. This<br />
concentration of power over land in the Presidency and the central government has undermined the<br />
pressure for the democratisation of land ownership, and has eroded the social bases of popular institutions<br />
for regulating land allocations, due to individualization of much of the land. This process has affected the<br />
majority of the lands utilized by pastoralists who occupy and use over two thirds of Kenya landmass (Ibid).<br />
88
From the early 1990s, pressures for political liberalization led to the appropriation of government land by<br />
political elites at an even a faster pace, as Moi struggled to retain a clientele of loyalists (Ibid). Thus elites<br />
appropriated the land in question for their political project against the multi-partyist opposition and<br />
resurrected the Majimbo land demand to deflect the multiparty debates. This reactivated demands for<br />
territory in the Rift Valley and on the coast (as happened in the 1960s) and led to ethnic land clashes<br />
between members of former KADU groups and the immigrant population in the Rift Valley, and later on in<br />
the coast, between the Mijikenda and upcountry Kikuyu and Luo immigrants. Large groups of Kikuyu<br />
families were evicted from the Rift Valley, their titles to land notwithstanding." (UNDP, 12 March 2003,<br />
pp. 36-37)<br />
Vast areas of land in the Rift valley and the Coast Province concentrated in the hands<br />
of a few powerful families (October 2004)<br />
• Allies of former president Kenyatta established huge farms in the Rift Valley either jointly or on<br />
their own in the post-independence period<br />
• The acquistions of huge chunks of land came at the expense of the landless who were meant to be<br />
the beneficiaries of a land-distribution scheme<br />
"Some of the most affected regions in the scramble and partition for land by the politically powerful are the<br />
Rift Valley and Coast provinces.<br />
The Rift Valley, for instance, has two categories of landowners—the inheritors of the early white settler<br />
farms and the beneficiaries of the now demarcated Agricultural Development Corporations (ADC) land.<br />
Besides, some of them were actually beneficiaries of the Settlement Transfer Fund Scheme at<br />
independence, while others were beneficiaries of direct political patronage in the first two postindependence<br />
regimes.<br />
Most of the power brokers in the Kenyatta regime who formed land-buying companies established huge<br />
farms in the Rift Valley either jointly or on their own. There is, for instance, Munyeki Farm—which stands<br />
for Murang’a, Nyeri, Kiambu – (4,000 acres), Wamuini Farm (6,000 acres), Amuka Farm (2,000 acres),<br />
Gituaraba Farm and Githatha Farm (1,000 acres each). A few of them are being utilized, with the owners<br />
growing various crops ranging from coffee, tea, maize and dairy keeping.<br />
The other big farms include Chepchomo Farm (18, 000 acres), owned by the former Provincial<br />
Commissioner Ishmael Chelang’a. The family of the late Peter Kinyanjui, who was a close friend of<br />
President Mwai Kibaki and a former DP Chairman in Trans Nzoia between 1998 and 1999 owns 1,800<br />
acres.<br />
In Nakuru, several politically connected individuals have acquired many acres of prime land within the<br />
town—they include lawyer Mutula Kilonzo, who owns an 800-acre farm for dairy farming. The immediate<br />
former Auditor General, D S Njoroge, owns 500 acres, while an unidentified investor boasts a 100-acre<br />
piece where he is growing roses.<br />
Njoroge also owns the extensive Kelelwa Ranch in Koibatek, which is less than 10km from Kabarak, where<br />
he rears cattle and goats. The 10,000 acre Gitomwa Farm—acronym for Gichuru, Tony and Mwaura—is<br />
owned by the family of the former Kenya Power and Lighting Company Limited (KPLC) managing<br />
director, Samuel Gichuru. Tony and Mwaura are his sons.<br />
Another 10,000 acre farm in Mau Narok belongs to the family of the late Mbiyu Koinange, Kenyatta’s<br />
side-kick and powerful minister of state in the Office of the President. His Muthera Farm (4,000ha) is<br />
89
leased to different people to grow wheat, while a group of squatters is demanding a piece of it. The owners<br />
are yet to clear the Sh7 million Settlement Transfer Fund loan.<br />
Ford-People leader Simeon Nyachae’s Kabansora Holdings owns 4,000ha in the area. Former Rongai MP<br />
Willy Komen’s family owns 10,000 acres — 5,000ha adjacent to Moi’s Kabarak Farm and another 4,800ha<br />
near Ngata in Njoro.<br />
At the height of land buying companies—during the Kenyatta regime—most of the power brokers acquired<br />
huge chunks of land at the expense of the landless who were meant to be the initial beneficiaries of the<br />
scheme. They included Njenga Karume, the then Chairman of Gema Holdings, who acquired 20,000 acres<br />
in Molo where he is growing tea, coffee, pyrethrum and potatoes. It was around the same time that Hon GG<br />
Kariuki acquired his 5,000 acres at Rumuruti, Laikipia Division, while former Attoney-General Charles<br />
Njonjo bought into the 100,000 acre Solio Ranch. Former MP Munene Kairu has 32,000 acres at Rumuruti.<br />
Mr Isaiah Mathenge, the former powerful Provincial Commissioner under Kenyatta and an MP under Moi,<br />
is arguably the largest land owner in Nyeri municipality. He owns Seremwai Estate, which is 1,000 acres.<br />
Other big landholders in the municipality include Kim Ngatende, a former government engineer, who has<br />
500 acres and Senior Chief Munyinge from Muiga with 400 acres. Initially, senior chief Munyinge was<br />
allocated only 70 acres but with time he managed to acquire 330 more acres.<br />
Mathenge also owns—jointly with former Provincial Commissioner Lukas<br />
Daudi Galgalo—the 10, 000-acre Manyagalo Ranch in Meru." (The East African Standard, 5 October<br />
2004)<br />
"Experts tell us that of the 582,646 square kilometres or 44.7 million hectares of land that is Kenyan<br />
territory; only 17 per cent is suitable for rainfed cultivation. This means an area less than 100,000 square<br />
kilometres is available for agriculture. Subtract about 2.4 million hectares of forest cover and the only land<br />
available to Kenyans leading a sedentary life is about 70,000 square kilometres or 5 million hectares.<br />
Kenya’s economy is, and will for the foreseeable future remain, primarily agricultural. It is estimated that<br />
70 per cent of Kenyans are agriculturalists. With five million hectares to share, we have an average of 0.2<br />
hectares or 0.48 acres per person available for cultivation. What this means is that the Kenyatta family<br />
owns close to 1,000,000 times the average acreage. Top 20 landowners in Kenya are reputed to share close<br />
to 2.5 million hectares of arable and between them, leaving the rest of us to share the other 2.5 ha. This is<br />
the height of injustice.<br />
The treatment of the land question in this country has, since independence, remained an inventory of<br />
injustice. It came in two phases. First was the ten-mile Coastal strip, which for some time had been under<br />
the sultanate of Zanzibar. Through a Concession Agreement, the Imperial British East Africa Company<br />
(IBEAC) acquired all the rights to land in the Sultan’s territory, save for private land. Private land in this<br />
context meant land held under certificates of ownership issued by the Sultan. They were issued to Arabs.<br />
Thus, with a stroke of a pen, the Mijikenda and related indigenous people were disinherited. To put to rest<br />
any claims by indigenous coastal people to land ownership, the colonial government promulgated the Land<br />
Titles Ordinance which required "all persons being or claiming to have an interest in whatever immovable<br />
property … before the expiration of six clear months … (to) make a claim in respect thereof…" and<br />
declared that "all land … concerning which no claim or claims for a certificate of ownership shall have<br />
been made … shall be deemed to be Crown land".<br />
The indigenous coastal people made no claims for a variety of reasons. First, they were unaware of the<br />
Ordinance. Secondly, the Ordinance had no relevance to their ownership system for they could not<br />
understand why they should be asked to lay claims against the soil. Thirdly, the colonial government and<br />
courts believed that no African, individually or as community, had any title to land. Hence for the purposes<br />
of the Ordinance, land occupied by Africans was treated as ownerless. The time given for the claims was<br />
also extremely short. The indigenous coastals thus lost land and products of the land such as coconuts.<br />
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The second phase saw the settlers’ acquisition of land in the so-called White Highlands which once again<br />
proceeded from the premise that the land was unoccupied. They were only required to pay a fee of 10 cents<br />
per acre to Her Majesty’s government. The colonial government, acting on the advice of the Law Officers<br />
of the Crown, declared on December 13, 1899 that under Britain’s Foreign Jurisdiction Act of 1890, the<br />
imperial power had control over and could dispose of "waste and unoccupied land in protectorates where<br />
there was no settled form of government and where land had not been appropriated to the local sovereign or<br />
to individuals".<br />
It is these two situations that created a loophole for the Kenyattas, Mois, Kibakis and other landed gentry of<br />
our time to amass so much land after independence. Coining a dubious policy of "willing seller, willing<br />
buyer", the new rulers found it prudent to perpetuate the injustices of the colonial era, leaving little<br />
openings for the dispossessed communities to seek restitution. As far as they are concerned, they bought<br />
"waste and unoccupied land".<br />
Land Minister Amos Kimunya was recently quoted as saying that the Government has no quarrel with the<br />
size of land one owns. In my view, it should. Why should half of Taita Taveta be owned by only three<br />
landlords (the Kenyatta family, the Criticos family and the Kenya wildlife Service)? Why should the Pokot<br />
pastoralists be squeezed into one small corner when their ancestral land in Trans Nzoia is owned by a<br />
handful of well-wired politicos and bureaucrats of today and yesterday?<br />
If the Government cannot help end the squatter problems at the Coast, then who can? Who should the<br />
Laikipia Maasai turn to?" (The East African Standard, 6 October 2004)<br />
IDPs seeking legal claim to their farms have little success (2001)<br />
• Arbitrary allocation of displaced persons’ farms<br />
• Lack of political will at the top level to resolve land disputes<br />
"The causes of displacement and obstacles to resettlement have not been adequately addressed. There is a<br />
lack of political will at the top level to resolve land disputes, as evidenced by the policy of resettlement<br />
schemes rather than helping displaced people to go return to their own farms. The presence of two or three<br />
title deeds for one piece of land and arbitrary allocation of displaced persons’ farms indicate a complex web<br />
of collussion in various government departments to keep displaced people out of their farms. Most<br />
displacees have not been resettled or compensated. Some have also been declared squatters by the<br />
government in spite of having formal proof of having bought their farms. Those seeking legal claim to their<br />
farms are making little headway because of the feeling among lawyers, politicians and the general public<br />
that talking of clashes and reparations now can only open old wounds and lead to fresh bitterness and<br />
conflict. Displaced people are also not able to afford lawyers to represent them in court. There are also<br />
many loopholes in the Kenyan judicial system due to corruption and political interference. Key government<br />
officials have often talked of their hands being ‘tied’ whenever the IDP problem is raised. This has created<br />
a culture of silence on this very sensitive issue. The situation of IDPs in Kenya is particularly desperate<br />
because of official blindness to their needs (the government maintains there are no IDPs in the country),<br />
and because Kenya has escaped keen international attention because of more serious refugee-generating<br />
conflicts in neighbouring Horn of Africa countries and the Great Lakes region." (JRS March 2001, p.23)<br />
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The conflicts and the displacement have caused a lasting alteration of land occupancy<br />
and ownership patterns (1997-2000)<br />
• Government has continued to pursue its policies of removing certain ethnic groups from the ethnic<br />
clash areas<br />
• Some land completely occupied, while boundaries have been illegally moved to expand the farms<br />
of particular ethnic groups in others<br />
• Many of the displaced landholders are poor and unaware of their legal rights<br />
• Reported that title deeds of Kikuyu landowners in the Nakuru district have been transferred<br />
without their knowledge into the possession of Kalenjin owners<br />
• Claimed that IDPs in 1992 had their identification documents and papers relating to land<br />
ownership destroyed<br />
• Some efforts by the Government in 1997 to regularize land ownership for some of the displaced<br />
persons in the Molo region<br />
"Some uprooted families have permanently lost their land, according to local analysts. Many displaced<br />
landowners have surrendered their land title documents under duress, and the government has subsequently<br />
nationalized some land left vacated after the violence." (USCR 2000)<br />
"The [1992] NCCK report claimed that most of those displaced — whom it estimated at 50,000 at the time<br />
— had had their identification documents and papers relating to land ownership destroyed, so that they<br />
were unable to register to vote or to reclaim their land. It concluded: 'Many potential voters are<br />
disenfranchised thereby affecting the electoral process in those areas substantially.' According to the<br />
Commonwealth Observer Group which monitored the elections, the ruling party won 16 Rift Valley<br />
parliamentary seats unopposed as a result of violent intimidation.<br />
[...]<br />
Apart from the ill-fated government/UNDP partnership, official attempts to resettle the displaced victims of<br />
clashes have been equivocal and ambivalent at best. Nor has the government committed itself to resettling<br />
them on their original land which would have sent a clear signal that it would safeguard the constitutional<br />
right of all Kenyans to live and own property anywhere in the country. Instead it has offered alternative<br />
settlements on land whose ownership is itself contested." (Article 19 October 1997, sect. 2.3)<br />
"A long-term effect of the violence is the lasting alteration of land occupancy and ownership patterns in the<br />
areas where the 'ethnic' clashes took place, and a significant reduction of the number of non-Kalenjin<br />
landholders, particularly in the Rift Valley Province. The government has continued to pursue its policies<br />
of removing certain ethnic groups from the ethnic clash areas by allowing and cooperating in the illegal<br />
expropriation of land owned primarily by Kikuyus, Luhyas, and Luos. The increased possession of land by<br />
Kalenjins and Maasai in the Rift Valley benefits the Moi government by allowing it to cater to the<br />
sentiments of ethnic nationalism among its supporters: it expects their political support by claiming to have<br />
got 'their' land back and for increasing their economic wealth. In the meantime, thousands of people with<br />
title deeds or mortgage notes have been rendered virtually destitute because of their ethnicity.<br />
In some cases, the land has been completely occupied. In others, the boundaries have been illegally moved<br />
to expand the farms of neighboring Kalenjins onto parts of the land of the displaced. In other cases, those<br />
kept from their land are being offered sums significantly below market value for their farms. Those who<br />
refuse to sell are given warnings by their Kalenjin neighbors that a time will come when they will not only<br />
have to sell, but will have to accept the price given to them by Kalenjins. Other non-Kalenjins have<br />
exchanged land with people who are willing to take their plot in return for land in another province. In<br />
some areas, local Kalenjin authorities have explicitly instructed clash victims to exchange their land with<br />
Kalenjins from outside the Rift Valley. For example, in Tapsagoi, a local Kalenjin chief threatened renewed<br />
92
violence unless the non-Kalenjins, who had fled their land after an attack by Kalenjins, exchanged it with<br />
Kalenjins, which is in violation of the Land Control Board rules.<br />
Government officials have also not hesitated to misuse their legal authority to expropriate land under the<br />
guise of exercising 'eminent domain,' which allows the government to take over land for the public interest<br />
under limited circumstances. In September 1993, the minister for local government, William ole Ntimama,<br />
a Maasai who has led the majimbo calls, declared an area in his district a trust land for the Narok County<br />
Council. His action was then reinforced by Minister for Environment and Natural Resources John Sambu,<br />
who told residents of the forty-four kilometer area that they had to move, because the land would soon be<br />
gazetted as a protected area. Not coincidentally, the area's 15,600 inhabitants were Kikuyu. Most had<br />
purchased land from Maasai leaders in the 1960s. They believed that they were being harassed for not<br />
having supported KANU in the election.<br />
Those displaced who attempt to report the illegal occupation or transfer of their land to the government are<br />
sent futilely from one office to the next until they finally are forced to give up. The government is well<br />
aware that many of the displaced landholders are poor and unaware of their legal rights, making it unlikely<br />
that these transactions will ever be challenged. The government has taken no steps to address the<br />
irregularities in land ownership and sales resulting from the violence, portraying the problems as mere<br />
contract disputes that need to be dealt with among the affected individuals.<br />
In Olenguruone, Nakuru district, in the Rift Valley Province, Kikuyu landowners are discovering that their<br />
title deeds have been transferred without their knowledge into the possession of Kalenjin owners by the<br />
Commissioner of Lands in Nakuru. The government has also taken no steps to discipline those civil<br />
servants in the land offices who are illegally altering land title deeds to transfer land into the hands of<br />
Kalenjins. In 1939, the colonial government settled some 4,000 Kikuyu squatters on the land, which had<br />
originally been part of Maasai land. Olenguruone was one of the most affected areas during the clashes, and<br />
most of those driven off their land in 1992 and 1993 still remain displaced. One Kenyan characterized<br />
Olenguruone as 'Kenya's West Bank,' referring to the contested Israeli/Palestinian area. Few, if any,<br />
Kikuyus from the area are returning to their land because of security fears. Increasingly, the likelihood of<br />
their return is being further diminished because of illegal land transfers that are revoking their titles. Human<br />
Rights Watch/Africa interviewed several displaced Kikuyu who inadvertently discovered that their title<br />
deeds have been illegally altered by the Commission of Lands. According to lawyer Mirugi Kariuki, 'the<br />
Land Control Board has become an instrument of control for the government to further its discriminatory<br />
policies. The government cannot claim that it is not aware of this because such a process cannot take place<br />
without the knowledge of the D.O. in the area." (HRW June 1997, pp. 71-72)<br />
"Many of the rural residents displaced by the violent ethnic clashes in Rift Valley in 1991-93 still have not<br />
returned to their homes and remain displaced in urban areas. In 1997 the Government made some efforts to<br />
regularize land ownership for some of the displaced persons in the Molo region. Some of the several<br />
thousand persons displaced by ethnic clashes on the coast in August 1997, in Rift Valley in January, and in<br />
the Pokot-Marakwet region throughout the year, likewise have not returned to their homes due to fear of<br />
renewed violence." (US DOS 26 February 1999, sect. 2d)<br />
Resettlement difficult because of destroyed homes and property (1992)<br />
"The extreme partiality of the authorities towards the Rift Valley violence has also been shown in their<br />
attitude towards those displaced from their homes. The NCCK[National Council of Churches in Kenya]<br />
found in mid-1992 that 'Resettlement of the victims is hampered by the lack of trust in the government<br />
which has been a result of the involvement of government officers' in the attacks. The NCCK report noted:<br />
Further no proper security has been provided to the displaced people in the event of return to their homes<br />
particularly in the Mt Elgon region. Many of the victims have no resources to enable them reassemble [sic]<br />
93
homes as all their property has been destroyed. Families have lost parents leaving orphans who will be<br />
unable to re-establish new homes. Others are aged and therefore incapable of re-establishing homes."<br />
(Article 19 October 1997, sect. 2.3)<br />
94
PATTERNS <strong>OF</strong> RETURN AND RESETTLEMENT<br />
General<br />
Fear and uncertainty main reasons for not returning (2002)<br />
• Attempts to return to such places as Kapenguria, Miteitei, Mango have been met with death<br />
threats or warnings<br />
• Proliferation of arms has caused economic stagnation, closure of schools, lack of social services,<br />
food and water<br />
“Many of the people displaced and dispossessed during the 1991/ 7 violence have since returned to their<br />
farms, or been resettled on alternative land. It is assumed that those who have not gone back to their former<br />
homes are not interested in doing so, because there is adequate security. The political sensitivity of this<br />
subject compels many individuals and organisations, including UN agencies, to operate in a discreet<br />
manner to ensure freedom of access and unrestricted activities”(UNIFEM, Jan 2002, p 27).<br />
“A large number of those originally displaced went back to their farms without outside material assistance.<br />
The Catholic Church, NCCK and NGOs such as Action Aid, Oxfam, and World Vision assisted others with<br />
reconstruction materials and alternative land. The government gave alternative land at Elburgon, Naivasha,<br />
Thika and Baraget. Relief food has also been provided, but more to alleviate the effects of drought and<br />
floods than to address the plight if IDPs.<br />
Relief and Resettlement projects have gradually been scaled down or phased out all together, since IDPs<br />
returned to their farms, scattered, or adopted sustainable livelihoods elsewhere. However, some remain<br />
displaced to date due to:<br />
Insecurity<br />
Over 80% of IDPs interviewed cited this as a main cause of non-return. Fear, uncertainty and anxiety result<br />
from firstly, tension between communities. While generally ethnic relations have improved, some alleged<br />
that attempts to return to such places as Kapenguria, Miteitei, Mango and other farms have been met with<br />
death threats or warnings. Ongoing conflicts particularly around disputed boundaries hamper sustained<br />
return. Politicians have also continued to make inflammatory statements inciting communities into<br />
violence.<br />
Proliferation of arms in northern Kenya has, as earlier discussed, increased insecurity in the region, and led<br />
to other problems as well, including economic stagnation, closure of schools, lack of social services, food<br />
and water. Negotiation efforts are undermined by the use of arms, criminalized cattle rustling and nonadherence<br />
to peace agreements. By providing arms to only certain communities, the KANU government<br />
was perceived as partisan, which created conditions for militarization of the entire region.<br />
Trauma<br />
Lingering memories of hurts inflicted and loss of property, coupled with complete lack of compensation for<br />
losses or punitive action against the perpetrators of violence have deterred some people from ever<br />
returning. They are too traumatized to return to the very place they lost their loved ones and property. Some<br />
allege that the former government presided over their harassment and dispossession, and argue that the<br />
same could not be trusted to protect them if they returned and similar attacks recurred. Impunity and<br />
bitterness have perpetuated ethnic mistrust and sour relations. IDPs fear to be attacked again, while those<br />
95
who remained are afraid the displaced are likely to exact revenge should they return. Some fear to be<br />
exposed for crimes committed, while others would like to continue cultivating the IDPs’ farms. Uncertainty<br />
about what could happen if illegal occupants refused to vacate IDPs’ farms deter many from returning.<br />
Poverty and lack of shelter materials<br />
There are families who wish to go back, but have no means of reconstructing their houses. Many of these<br />
had their houses and property burnt or destroyed during the clashes. Some do not have any identification<br />
documents and cannot obtain or replace them at their present place of residence. They cannot access loans<br />
to start income generating activities due to lack of necessary documents or collateral.<br />
Land disputes<br />
Thousands of families remain displaced because there is a dispute on ownership or use of land. Multiple<br />
title deeds exist for the same piece of land in such places as Kapsita, Miteitei, Mango and Pole farms.<br />
Those without legal proof of ownership are considered squatters by the government, although this is<br />
controversial especially at Miteitei where some have formal proof (e.g. receipts and share certificates) of<br />
having paid for their farms. Land has also been arbitrarily nationalised, transferred, exchanged or illegally<br />
occupied by powerful individuals.<br />
Alternative settlement<br />
Over the years, IDPs have adopted alternative livelihoods and moved on with their lives. They have little<br />
attachment to their former place of residence, and have abandoned or sold the land they owned. Among<br />
them are squatters and those resettled on small plots by church groups (UN DPMCU, Dec 2002, pp 37-38).<br />
The new "rainbow" government criticised for not resettling IDPs (August 2004)<br />
• A bishop claims the government does not seem to be willing to resettle the IDPs<br />
• A "Justice and Reconciliation Commission" promised by the government 2 years ago has as of<br />
August 2004 not been formed<br />
"The government has been asked to stop dragging its feet and immediately resettle victims of tribal clashes<br />
who were displaced from their lands 13 years ago.<br />
Bishop Peter Kairo, the chairman of the Catholic Commission for Justice and Peace at the Kenya Episcopal<br />
Conference level, speaking on the 4th anniversary since the death of Mill Hill Missionary priest Fr John<br />
Anthony Kaiser, said that the government does not seem to be willing to resettle the victims.<br />
"Even the Justice and Reconciliation Commission that the government promised 2 years ago has not been<br />
formed to date," he said during the Fr Kaiser anniversary celebrations held at the Holy Family Basilica,<br />
Nairobi, on Saturday, August 28, 2004.<br />
The Bishop asked the government to release the findings by the Njonjo Commission on Land as "knowing<br />
the truth is the beginning of the healing process".<br />
Asking President Mwai Kibaki to speak up on national issues, Bishop Kairo called for unity among<br />
ministers in government, saying that Kenyans were lacking guidance from their political leaders.<br />
Bishop Maurice Crowley of the Catholic Diocese of Kitale asked the government to speed up the inquest<br />
into the death of Fr Kaiser.<br />
"We are asking the Attorney General to stop procrastinating and speed up the inquiry -we want to know the<br />
truth," he said.<br />
96
For the fourth anniversary since the death of Fr Kaiser, the Catholic Church in Kenya and the Mill Hill<br />
missionaries chose to highlight the plight of internally displaced persons (IDP) and victims of tribal<br />
clashes."(CISA, 31 August 2004)<br />
3,000 IDPs who had temporarily resettled in Kyeni Forest in Thika District forced to<br />
further move in 2001<br />
• New relocation plan supposed to allow the IDPs to cultivate a different part of the forest<br />
"On 13 February, after eight years in Kyeni, 3,000 farmers were told by the forest ranger that they had<br />
seven days to vacate their homes or be forcibly evicted, Wainaina said.<br />
The group had been living and farming in the forest with the consent of the Kenyan government since<br />
1993, having fled political violence in surrounding districts that was associated with Kenya’s first multiparty<br />
parliamentary elections in 1992.<br />
An agreement between the Kyeni IDPs and forest officials had allowed the farmers to stay and build homes<br />
in the forest, in return for an annual rent of Ksh 350 per hectare and four days’ free labour per month in the<br />
forest’s tree nursery.<br />
[...]<br />
Over two-thirds of the population had fled Kyeni after being threatened with eviction, according to<br />
Wainaina. Others had been unable to leave and were forced to hide in the forest for several months,<br />
foraging for food and evading further attacks. Eventually, they had come to stay on the roadside where they<br />
were visible to passing vehicles and their safety was improved, Wainaina said. " (IRIN 31 August 2001b)<br />
"A group of 867 internally displaced persons (IDPs), forced out of Kyeni Forest in Thika District in early<br />
June [2001]and who have been living in a roadside camp in Huruma, Thika, since, have complained that<br />
they were harassed, intimidated and beaten by forestry officials into leaving their forest homes of eight<br />
years. Huruma camp committee chairman Gad Wainaina told IRIN that forest rangers had beaten the IDPs<br />
and burned their houses to the ground, forcing them to leave the forest where they had lived since 1993,<br />
with the consent of the government. Earlier this week, the process of moving the Huruma IDPs to a new<br />
plot back inside the forest began, “to remove them from the dangers at the roadside”, according to an<br />
official from the Thika District Forest Office. However, it was not known how long the IDPs would be<br />
allowed to stay on the new land, as it was only intended to be a temporary measure, he said.<br />
[...]<br />
Under a new relocation plan agreed by the government following pressure by local MP Patrick Kariuki, the<br />
Kyeni IDPs may be able to cultivate a different part of the forest than they were in, pay an increased but<br />
still nominal annual rent per hectare, and work a number of days a month (unpaid) for the Ministry of<br />
Environment and Natural Resources, planting trees. Some among the IDPs fear that the relocation plan is a<br />
ruse to move them from the roadside, and that violent attacks from forest officials could start again once<br />
they are out of public view, but that they have no option but to take up the government’s offer. “Our<br />
alternative is to die,” said one of their number. [for more details, see separate IRIN story of 31 August<br />
headlined: “<strong>KENYA</strong>: Kyeni displaced protest treatment, conditions”]" (IRIN 31 August 2001)<br />
"The 800 people who were expelled, 5 June, from the Kyeni forest (Kiambu district, 95kms from Nairobi)<br />
where they had been living since 1993 and who set up camp beside the roadside have now moved to the<br />
new site within the forest. Currently living under plastic sheeting, the IDPs, who were originally displaced<br />
in the 1993 land clashes, have received assistance from the Kenya Red Cross as well as church groups.<br />
Water access needs to be improved. An inter-agency mission, 20 August, comprised MDM Spain, Kenya<br />
Red Cross, UNICEF, OCHA and IRIN ascertained that following interventions from the local MP and<br />
Provincial Commissioner, the situation of the IDPs was improving, were being reassigned a new site and<br />
97
would soon be able to resume their farming activities in the forest. The Kenya Red Cross is monitoring the<br />
situation." (OCHA 31 August 2001)<br />
People displaced in the Coast region returned after calm was restored (1997-1998)<br />
"In the 1992 clashes, the affected are estimated to be about 300,000 people. At the coast, displacement was<br />
temporary, as the targeted population moved from residential areas to Nairobi and up-country, but returned<br />
to their jobs and businesses once calm was restored. During the height of the violence, the church,<br />
especially the Catholic Church, helped to evacuate people from trouble spots to safer grounds. These also<br />
returned to their homes later, through the help offered by the Christian and Muslim groups. In the Rift<br />
Valley, the end of the elections was not followed by the return of the displaced to their former land. Rather,<br />
those who had camped at market, church and school compounds were violently dispersed." (JRS March<br />
2001, p.8)<br />
Politicians and senior government officials reluctant to let IDPs return to their former<br />
homes (1994-2000)<br />
• Minister for Local Government stated in 1994 that some 11,000 people displaced from<br />
Enoosopukia in Narok District in October 1993 would not be returned to their homes<br />
• Ruling party (KANU) MPs voted in November 2000 against a proposal to support resettlement of<br />
victims from the politically motivated violence<br />
"Another apparent sign of the government's commitment to resolve the situation in the Rift Valley was its<br />
collaboration with the United Nations Development Programme (UNDP) in a US$ 20 million programme<br />
to resettle those displaced by the violence. However, at the same time some senior officials were sending a<br />
clear message that they did not favour resettlement. The Minister for Local Government, William ole<br />
Ntimama, who is a prominent representative of the Maasai community, made it plain [in 1994] that some<br />
11,000 people displaced from Enoosopukia in Narok District in October 1993 would not be returned to<br />
their homes. The displaced were encamped at Maela in Nakuru District. In early 1994 it was reported that<br />
Maasai were taking over the farms of the Enoosopukia displaced." (Carver August 1995)<br />
"Kanu has [in November 2000] voted down calls for the Government to resettle the victims of tribal<br />
clashes.<br />
In a heated and bitter debate, the Government won when the matter was twice put to the vote; firstly<br />
through acclamation and then through a physical count 58 -23, with one abstention.<br />
Kanu MPs, particularly from Nandi District, expressed their discomfort with the plan when it was proposed<br />
by West Mugirango MP Henry Obwocha.<br />
He listed areas of resettlement for those displaced in the clashes that rocked Rift Valley Province and other<br />
parts of the country in 1991 to 1992.<br />
They included Meteitei, Kitochi, Kamalelo, and Simotwo, all in Nandi.<br />
The debate saw MPs attempt to explain what caused the clashes and it saw Cabinet Minister William ole<br />
Ntimama defend the Maasai against those tribes that, he said, had invaded their land.<br />
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'The Maasai have been subjects of victimisation during colonial days and the two successive postindependence<br />
regimes. We were accommodative, but only became enemies with other communities simply<br />
because we asked them to quit the water catchment areas in Enoosupukia,' Mr Ntimama said.<br />
He claimed the Kenyatta administration had presided over the invasion of Maasai land in Rift Valley<br />
Province, and warned MPs that times had changed." (Daily Nation 23 November 2000)<br />
IDPs not returning to their homes due to fear of renewed violence or because they<br />
have lost their land (1999)<br />
• Many attempting to resume their lives at other locations<br />
• Call by President Moi in November 1999 for the displaced to return questioned by NGOs because<br />
major obstacles for return were not addressed<br />
"Although most families displaced by the earlier violence had not regained their land by the end of 1999, a<br />
large proportion were no longer counted as displaced. Many were attempting to resume their lives at other<br />
locations. Some received food aid and grants for school fees from local donors." (USCR 2000)<br />
"Kenyan President Daniel arap Moi this week [November 1999] called on thousands of displaced people in<br />
the country’s Rift Valley province to return to their homes and continue with their normal lives, a move<br />
that has been met with scepticism some quarters.<br />
[...]<br />
KHRC’s Programmes Officer Njuguna Mutahi asked where the displaced people were supposed to return<br />
to. 'Their lands were occupied by their assailants who forced them out,' he pointed out. 'These are people<br />
who saw their neighbours hack their loved ones, raze their houses and farms...their lives were shattered.' He<br />
added that the chances of violence erupting again were 'quite high'.<br />
'This call is a political gimmick because considering the extent of the damage and destruction of property of<br />
the victims, rehabilitating them cannot be done by one institution,' Mutahi said. 'It needs an amalgamated<br />
approach which includes all stakeholders like the religious groups and the NGOs.'<br />
An official of the Catholic Justice, Peace and Reconciliation Commission pointed out that the land in one of<br />
the affected areas, Enoosupukia, was nationalised in 1993 and that some of the displaced in another<br />
affected area Olenguruoni - who were given land elsewhere - were told by the government to surrender the<br />
title deeds of their original land. 'How are they going to go back without their title deeds?' she asked. 'We<br />
want the government to shed some light on how this resettlement is going to be done.'<br />
She acknowledged that people wanted to return to their land. 'The communities have realised, through the<br />
peace and reconciliation process, that they need each other since one is an agriculture-based community<br />
and the other is pastoral,' she explained. 'They still fear that incitement could recur and that since the same<br />
administrative officers are still in charge, there are no security guarantees.' Four days after the president’s<br />
directive, there was no sign of anything happening, she told IRIN on Thursday." (IRIN 11 November 1999)<br />
" Insecurity<br />
Over ninety per cent of those interviewed cited this as the main cause of non-return. Fear, uncertainty and<br />
anxiety result from firstly, severe tension between communities, accompanied by little (if any) interaction.<br />
Those who left the area cannot contemplate going back because hostility is intense. Some who have<br />
attempted going back have been killed or harassed and warned never to set foot there again. Displaced<br />
people from Mt. Elgon who have resettled on tiny plots at Khalwenge have been receiving tracts and<br />
leaflets reminding them not to go back, or telling them to leave Khalwenge as well. Other affected areas<br />
include West Pokot, Transmara, Migori, Transnzoia and parts of Nakuru. Secondly, lingering memories of<br />
hurts inflicted and mutual mistrust in parts of Uasin Gishu, Nandi, Nyando, Mt. Elgon and Transnzoia has<br />
99
perpetuated sour relations and bred fear. While the displaced fear going back in case they are attacked<br />
again. Those who remained are also afraid that the displaced are bound to exact revenge should they come<br />
back. There is a consensus that returning people to their original land is likely to spark off fresh clashes due<br />
to this, or due to the refusal by new occupants to vacate the displaced people’s land. Thirdly, proliferation<br />
of arms in the Kerio Valley has increased insecurity in the region, and led to other problems as well,<br />
including lack of food and water.<br />
poverty<br />
There are families who wish to go back, but have no means of rebuilding their homes or starting new<br />
income-generating activities. These are mainly those whose houses and property were burnt or otherwise<br />
destroyed. Some do not have any identification documents and cannot obtain or replace them at their<br />
present place of residence because they need signatures from administrators from their former home areas.<br />
Some of these administrators have died, been transferred, or cannot recognize the displacees because they<br />
ran away when they were children. Lack of identification documents and valid title deeds or other<br />
collateralmeans they cannot access loans to start new businesses. They need material assistance to resettle<br />
on their farms.<br />
land disputes<br />
About 1500 families are displaced because there is a dispute of some kind regarding the ownership of their<br />
land. There are places where two or more title deeds exist for the same piece of land. Examples include<br />
Buru farm in Nyando, Miteitei in Nandi, and Mengo and Pole farms in Transnzoia. Those who have no<br />
proof of ownership are considered squatters by the government, although this has become very<br />
controversial especially at Miteitei because some have formal proof (e.g. receipts and share certificates) of<br />
having paid for their farms. Some people also found that their land had been nationalised, transferred,<br />
exchanged or illegally occupied by ‘politically correct’ individuals." (JRS March 2001, pp.18-19)<br />
See also:<br />
The ethnic conflicts and the displacement have caused a lasting alteration of land occupancy and ownership patterns<br />
(1997-2000)<br />
People displaced from clashes in the Pokot and Marakwet areas in 1999 started to<br />
return (October 2000)<br />
• Return preceded by meetings between community leaders and a Red Cross operation that supplied<br />
villagers with food and drinking water<br />
• ICRC project implemented by the American Red Cross aims to bring about the conditions<br />
necessary for IDP return<br />
• Work carried out to repair and upgrade schools<br />
"The Pokot and Marakwet people from the villages of Kolowa and Tot (north-west of Nairobi) are slowly<br />
returning to their homes. The trek down from the Cherangani escarpment, where both clans had sought<br />
refuge since fighting erupted between them in October 1999, began about two months ago after meetings<br />
were held between community leaders and a Red Cross operation was launched to supply villagers with<br />
food and drinking water.<br />
'This is a conflict over access to resources', says Alfred Petters, an engineer for the American Red Cross. 'It<br />
is exacerbated by the drought presently affecting large parts of Kenya, a country that hasn't received<br />
100
adequate rains for the last two years'. The drought has had a particularly severe effect on pastoral<br />
communities such as the Pokot and the Marakwet, who desperately need to find grazing pastures for their<br />
cattle to replace the barren land they are sharing.<br />
Clashes between the Marakwet and Pokot communities quickly grew more violent when the fighters<br />
stopped using traditional weapons, such as spears and arrows, in favour of modern automatic firearms.<br />
Several people, including women and children, were killed and large numbers of people fled their villages.<br />
In some cases they took their cattle with them, but the animals proved unable to adapt to the new<br />
environment on the escarpment and many died.<br />
The ICRC project to help the victims, which is financed and implemented by the American Red Cross,<br />
aims to bring about the conditions necessary for these displaced people to return to their villages. The first<br />
step was to distribute maize seed to those living on the escarpment. The maize, which has now been<br />
harvested, is being consumed while a sorghum crop grows in the abandoned villages in the valley. In order<br />
for the sorghum to grow and for the population to have access to drinking water during the drought, several<br />
water projects (hand-dug wells, desilting of dams, etc.) have been carried out in the villagers' absence.<br />
School grounds were used during the fighting as secure places for the cattle to graze. However, this resulted<br />
in damage to the schools. Work has now been carried out to repair and upgrade the facilities, including<br />
installation of functional latrines and fences to keep the cattle out. Several schools have also been equipped<br />
with rainwater catchment systems and pupils are being served a meal a day. Of the 780 children in the<br />
village of Tot, 300 have returned to school so far. And in Kolowa, the market is gradually returning to its<br />
colourful, busy routine.<br />
Restoring access to food and water has served to attenuate the causes of conflict and enabled both<br />
communities to seek lasting solutions. They have agreed to improve control over their youths and, in the<br />
event of new tensions, meet before these have a chance to escalate." (ICRC 6 October 2000)<br />
Church organisations assist more than 1,000 families resettle and 800 families to<br />
relocate (1999)<br />
• 800 families relocated to Elburgon after they failed to return to their farms in Olenguruone in<br />
Molo<br />
• Church plan to settle more families that were displaced from attacks in Nakuru district<br />
• Returnees allocated land and given rehabilitation materials to build houses<br />
• Most tribal clash victims in the Mt Elgon district not able to return to their farms in Chebwek,<br />
Kipsis and Chepkube<br />
"The Catholic church has in the last three years helped resettle more than 1,000 families displaced by the<br />
1992/93 tribal clashes that hit various parts of the country.<br />
Three hundred families have been settled in a one-and-a-half-acre pieces of land each near Elmentaita.<br />
These are among the families that lost their land in Narok and parts of Molo.<br />
According the latest issue of Update, a newsletter of the National Council of Churches of Kenya, another<br />
800 families were relocated to Elburgon jointly by the church and the government after they failed to return<br />
to their farms in Olenguruone in Molo.<br />
The newsletter quotes the Nakuru diocese executive secretary of peace and justice, Mr Ernest Murimi, as<br />
saying that the church planned to settle more families that were displaced during the heinous attacks in<br />
Nakuru district.<br />
101
Mr Murimi, however, said the settlement programme only benefited only those who were unable to return<br />
to their farms.<br />
He said the Catholic church was opposed to people selling off or exchanging their farms because doing so<br />
will only justify the reasons why they were thrown out of their farms.<br />
He said this year, 102 families were settled near Elburgon. He said most of those targeted for settlement<br />
were drawn from Nairobi, Subukia, Molo, Wanyororo, Bahati and Naivasha. Others came from Longonot,<br />
Njoro, Gilgil, Elburgon, Nyahururu and Burnt Forest in Uasin Gishu.<br />
The peace and justice official said apart from being allocated land, the families were given rehabilitation<br />
materials to enable them build houses on the plots.<br />
On the situation at those places where the clashes occurred, the NCCK newsletter indicated that most of the<br />
areas remained peaceful except for cases of livestock thefts.<br />
On the Bungoma-Mt Elgon border, the report says there were reported cases of thuggery and cattle thefts in<br />
isolated areas of Mt Elgon district. It said most of the tribal clashes victims had not been able to return to<br />
their farms in Chebwek, Kipsis and Chepkube.<br />
In Uasin Gishu, the situation remained peaceful and peace seminars were held mostly in those areas that<br />
experienced the clashes.<br />
In the cattle rustling prone area between West Pokot and Trans Nzoia, the reports say the area remained<br />
tense with 14 attacks being reported during the month of July alone. Kesogon area on the border between<br />
the two district had the majority attacks.<br />
The report says one police officer was killed at Kiringeti in Trans Nzoia during a shoot out between<br />
security forces and rustlers in July.<br />
The government, the report says, had moved swiftly to arrest youths who had been terrorizing motorists at<br />
Kamatira on the Kitale-Lodwar road. Many people had lost their valuables after being robbed by the armed<br />
thugs.<br />
Many raids were reported on the border between Pokot and Marakwet. The report however indicates that<br />
most people displaced during past clashes in these areas were returning to their farms and NCCK provided<br />
building materials to some." (Daily Nations 28 August 1999)<br />
See also:<br />
National Council of Churches of Kenya (NCCK) and Action Aid have assisted resettlement and peace<br />
building in the Rift Valley (1997-1999)<br />
Claims that UNDP programme had resettled 180,000 by 1995 questioned by local<br />
observers<br />
"The number of people permanently resettled by UNDP's 'Displaced Persons Program' remained a matter of<br />
controversy. UNDP officials estimated that their program resettled 180,000 people in the west. Kenyan<br />
NGOs and church groups alleged that far fewer people benefited from the resettlement program because of<br />
Kenyan government manipulation. Advocacy groups estimated that thousands of families remained<br />
uprooted and apparently permanently dispossessed in western areas in 1997." (USCR 1998)<br />
102
"In late 1995, when UNDP ended its displaced persons program, it announced that some 180,000 persons<br />
had been resettled as a result of the program. While Human Rights Watch/Africa is not in the position to<br />
verify the exact number of displaced remaining at this time, it does appear from interviews with local and<br />
international relief workers who were, and still are, assisting the displaced that the UNDP estimate is<br />
greatly inflated. David Round-Turner, former policy advisor with the UNDP program, is also of the opinion<br />
that the figures are high. He said, 'UNDP was counting as returned even those who were staying at market<br />
centers, but who were returning to cultivate their land during the day. If you do that, you get a much larger<br />
figure of returnees.'<br />
Ernest Murimi of the Catholic Justice and Peace Commission flatly refuted UNDP's estimate that its<br />
program has reintegrated some 180,000:<br />
'That figure surprised us. People in the field were not consulted about that figure. Where did it come from?<br />
The government? We asked UNDP to give us the names of the people who have been resettled here, we<br />
were told to ask the D.C. [District Commissioner]. UNDP should have-as its first priority-created a reliable<br />
registration system. Now it is too late. UNDP failed miserably. Where did they resettle people? Where is<br />
their evaluation? These numbers they put out-ask them where they got them from. Where is the list of<br />
names? Which regions are they from? We [the Justice and Peace Commission] can show you our list of<br />
people. Where they came from, where they are, if they are back on their land. UNDP has not been<br />
transparent." (HRW June 1997, p. 102)<br />
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HUMANITARIAN ACCESS<br />
Opportunities for outsiders to monitor and assist the IDPs<br />
Limited access for outsiders to monitor the displacement situation (1997)<br />
• Attacks on people trying to monitor and report on the displacement situation<br />
• Media denied access to three of the worst-hit areas during 1994-95<br />
"Another dimension of the violence has been attacks on those who try to monitor and report on it. A<br />
number of the attacks on the independent press have resulted from their coverage of the violence. For<br />
example, Reverend Jamlick Miano, editor of the Presbyterian church magazine Jitegemea, was arrested in<br />
May 1993 after an issue of the magazine had criticized President Moi's allegedly divisive policies. It<br />
referred to the 1990 demolition of Nairobi's Muoroto slum in which several people were alleged to have<br />
been killed, as well as the clashes in western Kenya and the demolition of vendors' kiosks in Nakuru."<br />
(Article 19 October 1997, sect. 2.3)<br />
"One of the government's tactics was to restrict the flow of information. Reporting on events pertaining to<br />
the conflict was made particularly difficult for journalists. There were numerous charges of government<br />
harassment of the press for reporting on the clashes including arrests without charge, the bringing of<br />
patently political charges such as subversion, police interrogation, and the illegal impounding of issues of<br />
publications and newspapers that carried articles on the clashes. During the year and a half in which the<br />
Security Operation regulations were in effect, the media were denied access to three of the worst-hit areas.<br />
According to the former Rift Valley P.C., Ishmael Chelanga, the primary reason for the creation of the<br />
security zone was to keep away 'those who did not wish us well and those who were spreading rumors, lies,<br />
and propaganda.' By contrast, there has been a general failure to investigate reports of involvement or<br />
collusion of government officials, at all levels of responsibility. At no time has President Moi taken steps to<br />
censure or discipline those officials who were responsible for this harassment." (HRW June 1997, p.65)<br />
Government restricted access to Maela camp after many IDPs were moved from the<br />
camp in 1994<br />
• UNDP and MSF officials denied access to Maela camp in December 1994<br />
• Outsiders threatened with deportation if attempting to enter the camp<br />
"In late December 1994, UNDP and the international NGO Medecins sans Frontieres (Spain) officials were<br />
denied access to Maela camp after forced government dispersals of some 2,000 displaced, despite the fact<br />
that the UNDP officer had a letter from the Office of the President allowing entry into Maela. The<br />
displaced were transported out of the Rift Valley Province, without notification to UNDP, and left in<br />
Central Province in the middle of the night on Christmas eve. An American priest, Fr. John Kaiser, who<br />
had been working for the Catholic diocese in Maela, was put under house arrest when he protested the<br />
action. He was then taken to nearby Naivasha and warned that he would be deported if he attempted to<br />
enter the camp again[...].<br />
[...]<br />
These, and other incidents, indicate that ongoing harassment and intimidation was taking place in the clash<br />
areas on a regular basis. UNDP should have seen it as part of its responsibilities to call for government<br />
104
estraint toward the displaced and those working with or reporting on the displaced, and should have<br />
worked towards greater access and transparency in the clash areas. Yet UNDP frequently remained silent<br />
about government harassment, and in some cases, made excuses for the Kenyan government by dismissing<br />
an incident as a misunderstanding or a temporary setback. Its failure to make public pronouncements<br />
critical of government actions was matched by a failure to serve even as a back channel advocate by<br />
supporting the agencies by providing factual reporting to donor governments which might have been less<br />
constrained to make representations to the Kenyan authorities. A worker with the international NGO<br />
Medecins sans Frontieres (Spain) noted that several times during the course of the UNDP program, local<br />
government officials destroyed their equipment, arrested their staff, or denied them access to areas where<br />
the UNDP program was being administered and where they had permission to enter. They felt that they<br />
could not rely on UNDP, either at the field or national level, to speak up on their behalf." (HRW June 1997,<br />
pp. 66, 68)<br />
The above mentioned priest, John Kaiser, continued during the 1990s to assist the displaced in the<br />
Maela camp. He died on 23 August 2000 by a gun wound. A web site has been set up to inform about<br />
Kaiser's work and his death.<br />
105
NATIONAL AND INTERNATIONAL RESPONSES<br />
Coordination<br />
National IDP Network<br />
• Kenya Human Rights Commission is working with the survivors and families of victims of ethnic<br />
violence<br />
• Activities include: reporting and strengthening of local IDP committees, the establishment of a<br />
IDPs national network<br />
"The Internally Displaced Persons Network<br />
A cursory review of the Campaign against Impunity shows that a number of objectives under the campaign<br />
have been achieved. Among the objectives that have been realized are;<br />
• The creation of awareness on the culture of impunity in Kenya, and the need to eradicate it<br />
• The release of the findings of the Akiwumi Commission of Inquiry<br />
• Peaceful, free and fair 2002 elections<br />
• Peaceful succession and political transition<br />
But much remains to be done with regard to addressing the plight of those KHRC targeted for this<br />
campaign - the survivors and families of victims of ethnic violence. Our partner communities are located in<br />
areas identified as hotspots of ethnic violence in Kenya. To date, KHRC has been working with IDPs from<br />
Transmara - Gucha, Thessalia (Nyando) Muhoroni, Giri Mori, Koru, Likoni, Ukunda (Kwale) to establish<br />
rapport with the survivors, fact-find, and also identify issues of critical concern to survivors of ethnic<br />
violence. Majority of the survivors appear to have realized the need to constitute themselves into loose<br />
associations/ committees that function as mediums for addressing their concerns. But owing to the<br />
circumstances in which they live, these structures are feeble and can only do very little in terms of<br />
articulating and lobbying their issues.<br />
Thus, the current phase of this campaign aims at investing efforts in strengthening the survivors<br />
committees, and also facilitates the establishment of a survivor’s national network. Such a structure would<br />
operate as an umbrella body for survivors, and is expected would have the legitimacy and authority by<br />
reason of numbers and the involvement of a cross section of survivors drawn form all over the Republic."<br />
(KHRC, January 2004)<br />
"Human rights centered governance and transitional justice mechanisms have become the benchmark for<br />
auditing social, cultural, economic and political development. Emerging from a culture of human rights<br />
abuse, impunity and hypocrisy by the state and key-non-state actors in both the local and international<br />
forums occasioned the need for a global human rights agenda. The Campaign Against Impunity (CAI) and<br />
the entrenchment of the rule of law, by holding the both the perpetrators and abettors of human rights<br />
violations accountable, is one of the key dimensions in institutionalizing a culture of democracy and<br />
accountability.<br />
The KHRC’s CAI project was launched in September 2001 to lobby and advocate for the eradication of the<br />
culture of impunity. The campaign had four broad goals. First, KHRC wanted to make impunity an issue<br />
of national interest. Second, was to ensure accountability over past human rights violations. Third, the<br />
KHRC wanted to put Kenya to a truly democratic transition by ensuring that the 2002 elections and<br />
106
transition were free, fair and peaceful. With the first and third goals realized, the project entered the<br />
2003/2004 phase anticipating that the newly elected NARC government would uphold their promise to end<br />
the culture of impunity, and begin an era of the enjoyment of human rights and good governance.<br />
Unfortunately, rather than give the country a new lease on life, very little has changed."(KHRC, June 2004)<br />
"LAUNCH <strong>OF</strong> A NATIONAL SURVIVORS NETWORK FOR THE <strong>INTERNAL</strong>LY DISPLACED<br />
PERSONS (IDPs) IN <strong>KENYA</strong> – SEPTEMBER 26TH TO 28TH, 2003<br />
Impunity, as manifested by the flagrant violation of citizens’ rights without holding the perpetrators<br />
accountable and responsible has been a pervasive culture in the Kenya for the last forty years. Impunity is<br />
sanctioned or perpetuated by the state and perfected by non-state actors such as organizations, groups and<br />
individuals in several covert engagements. These engagements take the form of: -<br />
• Economic crimes, sabotage and mismanagement of national resources and public utilities<br />
• Social injustices and disparities as characterized by poverty, diseases, landlessness,<br />
unemployment, famine, hatred among social problems in the society<br />
• Political repression, tyranny and ineptitude<br />
• Abuse of office, disrespect for law and atrocities against citizens<br />
To address impunity, the Kenya Human Rights Commission launched a Campaign Against Impunity<br />
Project in 2001 with several objectives and demands. These are available elsewhere.<br />
Since then, this Campaign has graduated in strength through the following phases;<br />
CONSULTATIVE FORUMS<br />
Phase I (July, 2001 to February, 2003)<br />
Consultative Forums served the purpose of mapping flash areas for the project by visiting IDPs in their<br />
respective areas, namely Kisumu, Mombasa, Nakuru, Kieni and Gucha Transmara.<br />
Phase II (February 2003 – July, 2003)<br />
This second phase had two components: -<br />
February 2003 A workshop was held in Nairobi for IDPs representatives from the above areas apart from<br />
Gucha/Transmara. Several outputs emerged from this workshop<br />
• IDPs shared their diverse experiences<br />
• IDPs identified their common problems and prepared a memorandum which they presented to the<br />
Minister for Justice and Constitutional Affairs<br />
• It was a forum for the IDPs to create linkages among themselves and various actors<br />
• An interim committee for IDPs network was launched. This was mandated to mobilize and<br />
organize the IDPs at the grassroots so as to concretize and articulate their issues.<br />
June – July 2003 A series of field visits were held which climaxed with workshops for the IDPs in their<br />
respective areas. The aims of the workshops were;<br />
• To evaluate progresses and sharing experience of the IDPs since February, 2003<br />
• To create more awareness for the IDPs on various issues<br />
• To concretize and formulate the IDPs agenda at local, regional to national level.<br />
• To draft a memorandum to the task force on TJRC<br />
• To establish leadership mechanisms/committees to pursue the IDPs agenda at the said levels.<br />
• To prepare for the launch of the National Network for the IDPs<br />
During the June-July 2003 series of workshops, it was clear that despite the “new dawn” in Kenya, the<br />
IDPs are still distressed as reflected in the following observations.<br />
Observations<br />
107
• IDPs still remain neglected and dispersed<br />
• Their living conditions remain appalling and inimical to basic human survival<br />
• All IDPs consider settlement/ resettlement, protection of their rights, provision of basic needs and<br />
compensation as the key issues in addressing their problem<br />
• While women, elderly and children are the most devastated by their circumstances and are out<br />
rightly sidelined in articulating the IDPs plight.<br />
• The government in power made empty promises to them during the campaign trail<br />
• It is clear that the government seems to lack policies and laws to protect the IDPs and other<br />
landless people in Kenya despite its political will to address the past atrocities<br />
• The IDPs strongly hold that the government remains their only hope in addressing their problems<br />
though they still believe it is government<br />
• Time has come to hold all leaders accountable to prevent abuse of office, and misuse of power<br />
• IDPs recognize themselves and the government as key stakeholders is solving their problems<br />
• Several interested groups and organizations have been working with IDPs. These either deal with<br />
humanitarian assistance and human rights protection<br />
• Despite this assistance, stakeholders lack a common initiative in pushing the IDPs issues.<br />
• However, the IDPs remain vulnerable and exploited by some stakeholders and other opportunists<br />
including the wider society<br />
• Determined to solve their problems, the survivors are willing to pursue their agenda with<br />
committed and sincere stakeholders<br />
• Having discovering that divided they fall, IDPs have resolved to unite to address their<br />
predicament.<br />
• IDPs as survivors and victims of impunity are committed to knowing truth over the clashes,<br />
getting justice from the government and are ready to forgive and reconcile for the interest of this country.<br />
Indeed they support the establishment of a Truth, Justice and Reconciliation Commission<br />
• IDPs issues are not given much prominence<br />
• It evident that impunity is endemic in our society. One wonders whether Kenya has undergone a<br />
true transition."(KHRC, 28 September 2003)<br />
National response<br />
Controversial report on irregular land allocations witheld by the government (October<br />
2004)<br />
• Commission of inquiry into irregular land allocations presented its results to President Kibaki on<br />
22 July 2004<br />
• The content could reportedly plunge the country into a civil crisis far worse than the Zimbabwe<br />
situation<br />
• Almost the entire political leadership, past and present has been named in the report<br />
• The content of the report could trigger invasion of farms and ranches in all provinces of Kenya by<br />
landless and destitute people<br />
108
" You will never know. This is the message the Government will communicate to the public when the first<br />
part of the Ndung’u report on irregular land allocations is released, tentatively, next week.<br />
Tuesday’s Cabinet meeting resolved that the second part of the report, which names and shames the land<br />
grabbers, must remain secret.<br />
"The Cabinet sat and differed on the release of the whole report," said impeccable sources.<br />
Mr Paul Ndung’u, leading a commission of inquiry into irregular land allocations, presented to President<br />
Kibaki the team’s findings on July 22.<br />
The President promised to release the report "as soon as possible" to help redress the land grabbing issue, a<br />
promise that has led to impatience with politicians, civil society groups and media commentators calling for<br />
the immediate release of the contents of the report.<br />
The sources revealed that the names and details could not be released because the majority of Cabinet<br />
members were afraid the contents had the potential of plunging the country into a civil crisis far worse than<br />
the Zimbabwe situation<br />
"It (the report) could even lead to civil war because it touches the very heart of Government, and the<br />
opposition. If anything, almost the entire political leadership, past and present has been named."<br />
According to the sources, a section of the report is being prepared for release next week. It will explain the<br />
grabbing of public land without naming the grabbers.<br />
While providing some names that we withhold, the sources said the report would not only enrage the urban<br />
landless, but it could also lead to communities in all provinces of Kenya invading farms and ranches.<br />
"The fear expressed in the (Cabinet) meeting is that details could geode the victims to invade the land just<br />
as it happened in Zimbabwe,<br />
"The heated debate concluded that the first report detailing grabbed land be released without the second<br />
annexure that contains names of grabbers," said the sources.<br />
Assistant Lands minister Orwa Ojode, commenting from his Ardhi House office when contacted, said the<br />
sensitivity of the report called for caution by the Government before making it public.<br />
He said the Government had to tread with caution on anything to do with land to avoid disrupting the agroeconomy,<br />
which feeds the country.<br />
Our sources said classified information from the National Security Intelligence Service had warned of a<br />
possible civil war if the report was released to the public.<br />
The sources said some members of the intelligence network, the armed forces and influential civil servants<br />
were named in the report, hence the warmongering during the Cabinet meeting.<br />
Some of the ministers were in favour of the names of the grabbers being released, but they were overruled<br />
by their colleagues, who thought it would be unwise to do so.<br />
The sources named an opposition politician with 50,000 acres lying fallow at the Coast, where there is a<br />
major squatter crisis. And a former senior civil servant owns the playing field of Kenya Science Teachers<br />
College, which he cannot develop because it is in the middle of the institution.<br />
, according to the sources.<br />
109
The report also names two institutions which own 63,000 acres in Kibwezi, but use only 6,000.<br />
Asked whether the ministry would start settling people on idle land, Ojode said a proper policy should be<br />
put in place to ensure the land is developed for commercial reasons and the squatters settled nearby for<br />
employment opportunities.<br />
He said the Government would consider setting up a tribunal on how to best solve the land issue in a<br />
manner that would be beneficial to the people and the economy."(East African Standard, 1 October 2004)<br />
The government is not moving fast enough to resettle IDPs (September 2004)<br />
• The President met to discuss resettlement with members of parliament from one of the worst<br />
affected districts in July 2004<br />
• Resettlement could rekindle animosity and hostility from Kanu political leaders<br />
• Some of the chiefs who presided over and orchestrated the ethnic violence are still in office which<br />
prevents IDPs from returning<br />
• The President would reportedly agree to set up a national committee encompassing all the<br />
internally displaced persons in the country<br />
"MPs from Nakuru District, whose constituencies carry the majority of the internally displaced people in<br />
Rift Valley Province, are worried that the government is not moving fast enough to resettle them.<br />
Subukia MP Koigi wa Wamwere is exasperated that "the government seems lax on finding a lasting<br />
solution by re-settling the clash victims. It is as if the government is wishing away the problem away."<br />
On July 16, the day the President went to open the Nakuru Agricultural Show, five of the six MPs in the<br />
district – save for Kuresoi’s Moses Kipkemboi Cheboi who chose to attend a Kanu meeting in Nairobi –<br />
met the President to discuss the issue.<br />
Others who attended the crucial meeting were Rift Valley Provincial Commissioner Wilfred Ndolo, the<br />
Nakuru Diocese Catholic Justice and Peace Commission (CJPC) secretary, Mr Earnest Murimi, Nakuru<br />
District Narc Chairman Mr Alex Muriithi and a representative of the National Christian Council of Kenya.<br />
For six hours, from 9 am to 3 pm, the President listened to the MPs. The MPs prevailed upon him to form a<br />
committee that would expedite the resettlement of the victims of ethnic clashes, forest inhabitants and<br />
squatters. It was agreed that two committees be formed – a presidential and a parliamentary one.<br />
According to Foreign Affairs Assistant Minister Mirugi Kariuki, the MP for Nakuru Town, all the<br />
legislators who attended the State House meeting were in favour of a Presidential Committee.<br />
"A Presidential Committee sets up the mandate that would be followed to the conclusive end," said Mirugi,<br />
"as opposed to the Parliamentary Committee that would be restrictive and generally ad hoc". Last year on<br />
July 23 and 30, Koigi put forward a Motion in Parliament seeking to compel the government, through the<br />
formation of a Parliamentary Commission, to provide a lasting solution to the problem of internally<br />
displaced people by resettling them.<br />
Some of the people who attended the meeting and were interviewed thereafter claim that the President was<br />
of the view that a national committee encompassing all the internally displaced persons in the country<br />
110
would suffice. Mirugi argues: "It is a good starting point and from there we can build on the committee to<br />
come up with a concrete solution."<br />
Ideally, he believes the fundamental way to solving the whole issue is to ultimately form a Truth and<br />
Reconciliation Commission that would "heal the wounds and right the wrongs perpetrated against the<br />
displaced people".<br />
Yet, says another MP who prefers not to be identified, "the government fears resettling the internally<br />
displaced persons because the move would rekindle animosity and hostility from Kanu political leaders,<br />
who the state is currently busy wooing." He feels the government wants to "sacrifice the internally<br />
displaced persons" in its efforts to win Kanu on its side as it fights the rebellious Liberal Democratic Party.<br />
Although Mirugi and Koigi felt that the President seemed "clear and enthusiastic" about the plight of<br />
internally displaced persons, he however didn’t seem to be in the whole picture. "Some of the chiefs who<br />
presided over and orchestrated the ethnic violence are still in office, even though some of them have been<br />
sacked," claimed the MPs.<br />
They argue that chiefs suspected of having abetted the clashes should be investigated, and where possible<br />
prosecuted and dismissed. "As long as these chiefs are still in office, it will be difficult for the people to<br />
return; they are afraid of these chiefs."<br />
Mirugi says the government can utilise its two huge farms in Lanet and in Subukia to resettle landless<br />
people. One of the huge farms that the MP was referring to is the Lanet Beef Farm.<br />
"In my constituency, which incorporates Nakuru town centre, there are many hawkers who were erstwhile<br />
internally displaced persons and today they cannot access their land," Mirugi said, adding, "They are not<br />
hawking because they are not exactly poor people." The President is said to have also enquired about the<br />
displaced people camping at the Holy Family Basilica in Nairobi and voiced his concern that the nine<br />
families were far too few not to be re-settled.<br />
The Holy Family Basilica has been hosting the nine families, who are victims of ethnic clashes. These<br />
families, who were originally 10, fled the country 10 years ago through the Malaba border into Uganda,<br />
where they were accorded refugee status in Mbarara.<br />
They eventually returned to the country last year and have been pleading with the government to resettle<br />
them. He is also said to have directed the Rift Valley PC to order the people who were evicted from the<br />
forests return.<br />
The President, according to impeccable sources, said the people practising the shamba system had a mutual<br />
agreement with the forest management and therefore the Forest Department should not find it difficult to<br />
work out an amicable solution with them.<br />
The President is also believed to have commented that the Mt Kenya situation was different because the<br />
forest, unlike others, had been invaded as opposed to being settled on mutual agreement.<br />
The President may have been speaking in reference to the Ndundori Forest occupants who lost about two<br />
million nursery trees when they were evicted.<br />
"The two million nursery tree seedlings belonged to the people who practised the shamba system," said<br />
Koigi. "When the people were kicked out, the nursery trees were left to waste."(East African Standard, 12<br />
September 2004)<br />
111
IDPs in the spotlight as priest’s death is commemorated (August 2004)<br />
• IDPs receive renewed attention following the commemoration of the suspected murder of an<br />
American missionary four years ago<br />
• Church and human rights groups addressed IDP issues and requested the new government to<br />
resettle the remaining IDPs<br />
• In his testimony to a Commission set up to investigate the politically-instigated clashes, Fr Kaiser<br />
implicated officials serving in the ousted KANU government<br />
"As the Church in Kenya marks the fourth anniversary of the mysterious death of Mill Hill missionary, Fr<br />
John Kaiser, attention will be drawn to the plight of internally displaced people (IDPs) in the country.<br />
During the anniversary celebrations, at the Holy Family Basilica, Nairobi, on August 27-28, church and<br />
human rights groups will petition the government to resettle all IDPs, the majority of whom were uprooted<br />
from their homes in politically-instigated clashes in the 1990s.<br />
The past three commemorations have been at the site in Naivasha (Nakuru Diocese) where Fr Kaiser's body<br />
was found on August 24, 2000, with a bullet wound to the head. The manner of his death is still the subject<br />
of a public inquest, which sits next on September 1, 2004 at the Nairobi Law Courts.<br />
All day tomorrow there will be a special forum on the IDPs of Kenya at the Holy Family Basilica hall.<br />
Participants will hear testimonies from the survivors of the politically instigated clashes of the 1990s, and<br />
watch thematic performances. The highlight of the day will be the presentation of a petition to the<br />
government, a memorandum prepared by the participating organizations with the help of the IDPs, seeking<br />
resettlement.<br />
Expected guests include Bishop Peter Kairo of the Catholic Diocese of Nakuru, the Speaker of the National<br />
Assembly; ministers in charge of land and justice, Members of Parliament and the chair of the Kenya<br />
National Commission on Human Rights.<br />
On Saturday there will be a peaceful procession starting from Freedom Corner on Uhuru Park at 10am,<br />
followed by Mass at the Holy Family Basilica at 12.30pm.<br />
The Catholic bishops of Kenya, are requesting everyone to participate in these two days. This year the<br />
event is organized by the Kenya Episcopal Conference, in conjunction with NGOs and religious orders.<br />
Fr Kaiser, a human rights campaigner and an American national, who served in Ngong Diocese for 30<br />
years, took great risks to his life in order to speak the truth and ensure a voice to the oppressed.<br />
In his testimony to the Akiwumi Commission set up to investigate the politically-instigated clashes, Fr<br />
Kaiser implicated officials serving in the then government, and some of its ministers for the instigation and<br />
sustenance of the atrocities.<br />
Catholic bishops and human rights groups in Kenya rejected the verdict arrived at by America's Federal<br />
Bureau of Investigations (FBI) in April 2001, that Fr Kaiser's death was "consistent with suicide".<br />
They then demanded a public inquest, which was granted by a new government in 2003, and whose work is<br />
still in progress. More than 20 witnesses have so far testified."(ICN, 26 August 2004)<br />
112
"In its hopeless efforts to water down the spirited clamour for political, legal and constitutional reforms in<br />
Kenya, the despotic Kanu regime instigated political and ethnic violence in Kenya in 1991 – 93 and 1997 –<br />
98. This led to displacement of more than 600,000 people not withstanding the enormous destruction and<br />
loss of lives, property and opportunities.<br />
Due to flagrant disregard and complicity exhibited by the government over these events, development,<br />
human rights and religious organizations became and still are the most consistent agitators for justice for<br />
the Internally Displaced Persons (IDPs) in Kenya. In the process, Fr. John Anthony Kaiser emerged as one<br />
of the most passionate crusader and agitator for the human rights and welfare of IDPs in Kenya. His<br />
mission was to ensure the resettlement and justice for the victims of clashes, which he saw as the only<br />
lasting solution.<br />
Unfortunately, Father Kaiser passed away on 28th August 2002. His mysterious death raised disturbing<br />
questions as the KANU government was suspected to have been involved. Since then, the Catholic Justice<br />
and Peace Commission (CJPC) together with other stakeholders have been commemorating his death. This<br />
year’s 4th Anniversary since Fr. Kaiser demise will serve as a platform to advocate for justice and the<br />
resettlement of IDPs in Kenya. The theme for the anniversary is “Justice Now for Clash Victims.” A series<br />
of activities have been scheduled to take place as a build up to the major event – the procession and mass<br />
on 28th August 2004.<br />
One is special forum for the IDPs, intended to serve as a platform for reflection, agitation and publicity on<br />
the IDPs experiences, struggles and issues.<br />
Much has been said than done about issues affecting the IDPs. This is the moment for IDPs to devise very<br />
practical and time bound programmes on how to vigorously engage with government in ensuring<br />
resettlement and justice for clash victims. Thirteen years of torture and distress has been too long a period<br />
waiting for justice to be done!<br />
We Demand Justice for and Resettlement of Survivors of Clashes NOW!" (KHRC, 25 August 2004)<br />
Presidential Commission on Ethnic Clashes formed in 1998, report released in Oct<br />
2002<br />
"In August 1999, a presidential Commission on Ethnic Clashes, a government-appointed panel of three<br />
judges formed in 1998, submitted to President Moi its report on the cause of ethnic clashes that occurred in<br />
the Rift Valley in 1992 and 1997, the Coast province in 1997, and the areas of Molo and Laikipia in 1998.<br />
Many of the hearings were public, and witnesses often directly accused local politicians of abetting the<br />
combatants, although they rarely provided other than hearsay evidence. However, key churches and NGO's<br />
claim that a number of witnesses were prevented from testifying, especially after, half way through the<br />
investigation, the Government changed the Commission's aggressive prosecutor John Nyagah Gacivih to<br />
the more progovernment Deputy Attorney General Bernard Chunga. The Government still had not released<br />
the report or announced that it was taking any formal action on its findings by year's end." (US DOS<br />
February 2001, Section 5)<br />
The report was released to the public in October 2002.<br />
For information about how the Government's Standing Committee on Human Rights has dealt with the<br />
political violence, see HRW's report "Protectors or Pretenders? Government Human Rights<br />
Commissions in Africa"<br />
113
The psycho-social needs of displaced and dispossessed women and their access to<br />
justice systems have not been addressed for the last six or so years (2002)<br />
• The Federation of Women Lawyers (FIDA) researched the psycho-social needs of displaced<br />
women (1994)<br />
• The type of assistance given to the displaced is minimal<br />
“The psycho-social needs of displaced and dispossessed women and their access to justice systems have not<br />
been addressed for the last six or so years. In 1994, the Federation of Women Lawyers (FIDA), with<br />
financial assistance from AFWICAfrican Women in Crisis researched the psycho-social needs of displaced<br />
women in Maella and Thessalia camps. The organisation then provided trauma counselling services to help<br />
them deal with the reality of displacement, gender and sexual-based violence (rape, wife-beating),<br />
facilitated gynaecological and referral services, provided legal aid to the dispossessed, and conducted legal<br />
rights education to enable them know their rights so as to pursue rape and other cases in court. The two<br />
camps were closed by the end of 1994, and similar services have since not been availed to the thousands of<br />
IDPs who are poor, abused and without access to any form of justice. ...<br />
Plots of land for ‘resettlement’<br />
These are given on credit to squatters and the ‘poorest of the poor’ displaced by the church groups NCCK<br />
National Council of Churches in Kenya and CDN–J&PCatholic Diocese of Nakuru. The beneficiaries also<br />
received building materials, planting seeds, farm implements and fertilizers. Those relocated by the<br />
government from places like Olenguruone were given only land. The government resettled 600 families,<br />
the CDN-C&P 400, and NCCK another 800 families. These 1,800 families, which have benefited from<br />
‘Resettlement’ projects, constitute less than 1 per cent of the original 300,000 displaced.<br />
Building materials<br />
Iron sheets, doors, windows, posts, and nails were provided by NCCK and CJPC for those whose houses<br />
were burnt down, but who could return to their farms in places where relative security has been restored.<br />
The beneficiaries of this programme are no longer considered displaced, because they have returned and<br />
reconstructed their homes.<br />
Boreholes and water pumps.<br />
Provided in some of the ‘Resettlement’ farms by the European Union, German Technical Cooperation<br />
(GTZ), AMREF, Red Cross, Médicines sans Frontières and others.<br />
The NCCK and CDN-C&J mobilize funds for a wide range of displaced people’s needs, such as raising<br />
medical bills, school fees, water filters, latrines, etc, but neither organisation has an established, staffed<br />
programme specifically targeting the displaced. The NCCK has been encouraging displaced women to form<br />
women’s groups. Training workshops such as the one referred to in the text are part of an initiative to<br />
encourage them to take charge of their lives. Such initiatives, however, are hampered by lack of capacity<br />
(funds and personnel) to coordinate and document cases specifically targeting displaced persons.<br />
Consequently, the needs of displaced women remain unattended to at the NCCK offices for long periods of<br />
time. This makes them feel discriminated against" ( UNIFEM, Jan 2002, pp. 27-28).<br />
Police reservist disarmed as an effort to improve security in Tana River District<br />
(December 2001)<br />
• Kenyan police and security forces began in October 2001 an operation to recover illegal firearms<br />
in the district<br />
• Kenyan church official claiming that that police had released a large number of illegal firearms<br />
just days before the outbreak of violence<br />
• 638 police reservists disarmed in December to consolidate an uneasy calm<br />
114
• President Daniel arap Moi ordered the police on 4 January 2002 to immediately return all<br />
confiscated weapons to the home guards.<br />
"Kenyan police and security forces in October began an operation to recover illegal firearms in the district,<br />
and the government announced last week that it would repossess all firearms that had earlier been given to<br />
homeguards in the Pokomo and Orma communities. "We have a total of 500 homeguards in the whole<br />
district and we want to repossess all their weapons to improve security," Tana River District Commissioner<br />
James Waweru said on Monday.<br />
A Kenyan church official claimed on 22 November, however, that police had released a large number of<br />
illegal firearms just days before the outbreak of violence. "We have information that a lorry full of<br />
sophisticated illegal weaponry was recently apprehended [by police] and knowingly released into the<br />
community by local Tana River District personnel," Bishop Julius Kalu of the Anglican Church of Kenya<br />
was quoted as saying by AFP." (IRIN 4 December 2001)<br />
"The Kenyan government has disarmed 638 police reservists in Tana River District, eastern Kenya, to<br />
consolidate an uneasy calm that has returned to the area after violent clashes between the two communities<br />
in November and December, the East African Standard newspaper reported on Monday, 24 December.<br />
Moving out the reservists has helped security, though tensions in the district are still high, according to<br />
humanitarian sources on the ground. The government has also transferred some policemen belonging to the<br />
two communities and serving in the area who were believed to have taken sides in the skirmishes.<br />
The local district commissioner, James Waweru, said 80 illegal guns suspected to have been used during<br />
the clashes had also been recovered, the Standard reported. Among the illegal guns recovered were 60<br />
home-made ones and an assortment of 20 assault rifles, and more than 14 people have been arrested on<br />
suspicion that they had played a role in the tribal feuds, he said. One hundred and eight people had been<br />
killed in the clashes since March this year, Waweru added." (IRIN 26 December 2001)<br />
"Kenyan President Daniel arap Moi blamed local leaders for failing to prevent and bring a swift end to the<br />
fighting. During a public rally in Garsen town on 4 January 2002, Moi acknowledged the admission by<br />
local MPs Muhammad Galgalo (Bura), Tola Kofa (Galole) and Molu Shambaro (Garsen) that they had<br />
done little to prevent the violence from escalating.<br />
'From today, I am ordering them to go out there and preach peace to stop this fighting,' the Daily Nation<br />
newspaper quoted the president as saying.<br />
Some local leaders have been accused of inciting the violence, rather than just failing to prevent it,<br />
according to Alex Nyago, spokesman for the Peace and Development Network (PEACE-NET), an umbrella<br />
body for nongovernmental organisations working to resolve local conflicts in Kenya." (IRIN 11 January<br />
2001)<br />
"Following accusations that guns held by Tana River police reservists had been used in the year-long<br />
clashes, 638 reservists were disarmed in late December. During a visit to the district on 4 January, however,<br />
Kenyan President Daniel arap Moi ordered Police Commissioner Philemon Abong'o to immediately return<br />
all confiscated weapons to the home guards.<br />
[...]<br />
Fears remain that some of the weapons taken from police reservists, if returned, could become available to<br />
one or other community for attacks on the other." (IRIN 14 January 2002)<br />
115
Government officially encouraging return but new refugee bill does not address the<br />
problem of IDPs (1999-2001)<br />
• President call in November 1999 for remaining IDPs in Rift Valley "to return to their homes and<br />
continue with their normal lives"<br />
• Human rights activists and religious organisations uncertain about the commitment behind the<br />
statement<br />
• The responsibility for assistance to IDPs under the Relief department at the Office of the<br />
President, but nobody specifically charged with addressing the problem of those displaced during<br />
or around election time<br />
"Kenyan President Daniel arap Moi this week called on thousands of displaced people in the country’s Rift<br />
Valley province to return to their homes and continue with their normal lives, a move that has been met<br />
with scepticism some quarters.<br />
[...]<br />
Moi, who was addressing a gathering in the Rift Valley town of Nakuru on Monday, reassured the<br />
displaced that 'maximum security' would be ensured so that the problems did not recur, Kenyan media<br />
reports said. He directed provincial and district commissioners in the affected areas to 'ensure that this<br />
programme of resettlement in the families’ original farms is effected within a week'.<br />
Moi further told politicians to ensure that 'their utterances were not inflammatory', saying that conflicts in<br />
the region had been ignited by 'careless leaders who issued emotive statements without assessing their<br />
destructive potential'.<br />
However, human rights activists and religious organisations in the area are skeptical, and have adopted a<br />
'wait and see' stance. The Kenya Human Rights Commission’s (KHRC) Management Coordinator, James<br />
Nduko, described the president’s comments as 'non-committal'. 'Without a firm commitment, it remains just<br />
his usual one-touch statements or ideas which are never followed up,' he told IRIN.<br />
[...]<br />
Meanwhile, the Office of the President said some 'official activity' was underway on the ground. 'Of course<br />
there could be logistical problems in getting these people to return from wherever they sought refuge, but it<br />
is a presidential directive that has to be implemented,' an official told IRIN. He however agreed that the<br />
situation in the region was 'fluid'.<br />
The land issue is very sensitive, the official said, and until the process was undertaken 'one cannot know<br />
what to expect'. 'But you can be sure trespassers who are occupying land illegally will have to go,' he<br />
added." (IRIN 11 November 1999)<br />
"In Kenya, the problem of refugees and forced displacement falls under the Ministry of Home Affairs,<br />
Immigration and Police departments. The draft refugee bill does not address the problem of IDPs at all, nor<br />
does the refugee desk at the Ministry of Home Affairs. Instead, the IDP problem has been shifted to the<br />
Relief department at the Office of the President. An interview at OP revealed that no-one is specifically<br />
charged with addressing the problem of those displaced during or around election time. Relief, including<br />
food, medicine and other basic necessities, is provided for victims of cattle rustling and natural disasters<br />
only." (JRS March 2001, p.24)<br />
Official non-recognition of IDPs belongs to the past (Dec 2002)<br />
• Widely expected that a Truth, Reconciliation and Justice Committee will be established<br />
116
“In Kenya, the problem of forced displacement falls under the Department of Ethics and Governance in the<br />
Office of the Vice President. Kenya does not have domestic refugee law or a concrete policy on IDPs. The<br />
KANU government denied the existence of IDPs caused by political causes, and stated that cattle rustling<br />
and natural disasters were the only causes of forced population displacement in Kenya. A Relief Desk at the<br />
Office of the President addressed the needs of IDPs, although no one was specifically directed to<br />
investigate the plight of the survivors of ethnic clashes.<br />
Official non-recognition of IDPs is now a thing of the past with the new government’s establishment of the<br />
Department of Governance and Ethics, part of whose mandate is to resettle displaced people back to their<br />
land and implement the recommendations of various Commissions of Inquiry, including the Akiwumi<br />
Commission. The establishment of this new department is a significant landmark in legal recognition as<br />
well as the starting point in meeting protection and assistance needs of IDPs. This sets the stage for the<br />
formulation and implementation of a national policy on internal displacement. Such a policy should reflect<br />
the Guiding Principles on Internal Displacement, and establish principles that will serve as a standard to<br />
guide government institutions, humanitarian and development agencies in providing assistance to IDPs in<br />
Kenya by specifying the roles and responsibilities of each stakeholder. It is widely expected that a Truth,<br />
Reconciliation and Justice Committee will be established to facilitate the healing of ethnic relations and<br />
promotion of reconciliation and reintegration.” (UN DPMCU, Dec 2002, pp. 44-45)<br />
Government security initiative between 1993-1995 stabilised the ethnic violence in the<br />
Rift Valley<br />
• Elburgon, Molo, Londiani and Burnt Forest declared security operation zones<br />
• Security zones isolated areas and interfered with the work of NGOs<br />
• Continued displacement of people from their homes during 1994 despite increased presence of<br />
police and civil servants<br />
"After two years of continued conflicts and displacement of people, the government acted to stop the<br />
violence in mid 1993. The President toured areas affected by clashes, ordered that violence stop, and<br />
appealed for calm. In the most insecure areas he invoked the Preservation of Public Security Act and<br />
declared the hardest hit areas of Elburgon, Molo, Londiani and Burnt Forest security operation zones. This<br />
act banned outlawed the possession of firearms, instituted curfews, and prohibited movement into these<br />
areas. As one young man explained, 'When the President came to Mt. Elgon and told people the fighting<br />
should stop, it stopped.'<br />
While the President’s tour became a reference point for peace building activities, the declaration of security<br />
zones isolated these areas. The bans on entering or working in the zones interfered with the work of certain<br />
NGOs and prohibited certain individuals from visiting them. Among those obstructed were Aurelia<br />
Brazeal, the US Ambassador to Kenya and a team of MPs from the United Kingdom and Denmark.<br />
More government administrators went to affected areas. Their first tasks were to increase security and<br />
oversee the return of displaced people. Molo, one of the hardest hit sites, received an additional 15 district<br />
and police officers. The presence of government officers, some of whom were eager to begin their<br />
assignments, stabilised populations and provided a basis for peace work.<br />
These efforts did not go far enough in punishing the perpetrators of violence, leaving this as an unresolved<br />
issue in most of the areas affected by clashes. These government-driven efforts encouraged little<br />
participation from affected communities. For the most part, these communities remained suspicious of the<br />
government and reluctant to seek meaningful involvement." (Kathina Juma May 2000, p. 17)<br />
117
"The decline in the number of violent incidents in 1994 was claimed by the government as a victory for its<br />
policy of imposing 'security zones', introduced in September 1994. This involved restricting movement to<br />
and from three of the worst affected areas: Molo, Londiani and Burnt Forest [...]. Human rights groups and<br />
journalists claimed that the main aim of the policy was to prevent a flow of accurate information about the<br />
violence[...]. In March 1995 the security zone restrictions were lifted[...]. In fact the security zone areas<br />
continued to be the epicentre of the violence, with some 25-30,000 people driven from their homes during<br />
1994, despite the restrictions in force[...]." (Carver August 1995)<br />
National actors reasserted their role and engagement following withdrawal of<br />
international agencies in 1991 1992<br />
• Initial response by international actors did not integrate food aid and assistance for return and<br />
rebuilding<br />
• Local peace initiatives emerged out of a situation with scarce resources<br />
"Local peace-building activities emerged out of despair and exasperation with conflict. Initial responses<br />
were based on the relief model and dominated largely by international actors. In this model, food relief<br />
comes first, followed by returning displaced populations, rehabilitation, and reconstruction. Peace and<br />
reconciliation are part of rehabilitation. However, persistent problems with displacement led to outside<br />
actors experiencing burnout. Furthermore, resources were diminishing because of donor fatigue, and<br />
frustration with the government was increasing. Therefore, most foreign actors left the scene in less than 24<br />
months after the eruption of conflict in 1991-2.<br />
Although the departure of foreign actors created a vacuum, it did leave local actors with the space to<br />
reassert their role and engage in a wide range of activities related to returning, rehabilitation and<br />
reconstruction. Peace building posed particular challenges for most local actors. It required specific skills<br />
and institutional support, both of which were scarce at the local and national levels. The withdrawal of<br />
foreign actors translated into reduced funds for local actors working with displaced populations. For<br />
example, the abrupt withdrawal of UNDP from Western Province in March 1995 curtailed the start-up of a<br />
range of quick impact projects, all of which had a peace and reconciliation component. A third set of<br />
challenges were generated at the ground level where most displaced persons began to show signs of<br />
weariness with assistance programmes and eagerness to return to their homes. This generated immense<br />
pressure for actors to look to issues beyond relief, a challenge that required big budgets and long term<br />
commitments.<br />
Constrained by limited expertise, resources, and government support, local actors were forced to turn to<br />
local resources. They sought skills, capacities, and available opportunities among members of communities<br />
with which they worked. Through intense interaction and working together, peace actions were initiated<br />
and the process of transforming conflict began. In short, local peace builders learned while working for<br />
peace." (Kathina Juma May 2000, p. 19)<br />
The report by Dr. Monica Kathina Juma contains several case studies of local peace initiatives in Kenya<br />
during the 1990s<br />
National Council of Churches of Kenya (NCCK) and Action Aid have assisted<br />
resettlement and peace building in the Rift Valley (1997-1999)<br />
• NCCK providing displaced families with building materials to enable them to rebuild their homes<br />
• Two hundred village level Peace Committees have been created during the 1996-1999 period<br />
118
"As at February 1996, according to the local member of parliament, most of the 10,000 families evicted<br />
from Olenguerone in Nakuru District in the Rift Valley in 1993 had not returned to their land. But while the<br />
government was dragging its feet over the issue of resettlement, non-governmental organizations, notably<br />
the National Council of Churches of Kenya (NCCK) and Action Aid, were embarking on resettling some of<br />
the displaced families. Action Aid's project, which was due to end in September 1997, aimed at resettling<br />
1,800 families who had been displaced after clashes in Bungoma and Mount Elgon. NCCK's ongoing work<br />
aims at providing displaced families with building materials to enable them to rebuild their homes.<br />
But these NGO efforts, laudable as they are, are modest and cannot resettle all the affected families. The<br />
government has given little support and in some cases has failed even to guarantee security for returnees,<br />
making it impossible for the NGOs to proceed." (Article 19 October 1997, sect. 2.3)<br />
"The influential Protestant National Council of Churches of Kenya (NCCK) - staff, 300; membership, six<br />
million) - and its Peace and Rehabilitation Programme (initially called 'Land Clashes Project') also deserve<br />
special mention. The Programme was started in 1992 to help resolve several devastating conflicts in Kenya.<br />
These were initially political in nature but soon turned different ethnic communities against each other. The<br />
Programme allows the NCCK to cooperate closely with other NGOs, including Muslim organisations, and<br />
with officials at district and local level. The Nairobi Peace Initiative (NPI) has been a frequent partner in<br />
the training and workshops for members of parliament and others.<br />
[The Programme] has evolved through three phases. During phase I (1992-1993) emergency relief was<br />
central to its activities. In phase II (1993-1996) rehabilitation and reconciliation activities were added.<br />
During phase III (1996-1999) Good Neighbourliness Workshops have been held, two hundred village level<br />
Peace Committees have been created and Peace Facilitators have been identified and trained. For the<br />
communities bazaras (public gatherings) have been organised in consultation with the local administration.<br />
On many occasions local government officials have been made moderators of meetings encouraging them<br />
to listen to the debate. President Moi has frequently accused the NCCK of fuelling tensions in the country<br />
and on one occasion he almost banned the NCCK’s Peace and Reconciliation Programme. In 1998, a<br />
slander campaign against an NCCK official was started by a pro-government magazine. In the next phase,<br />
the NCCK will, in cooperation with its national and regional partners and its own country-wide network,<br />
publish a national agenda for peace. In the nine areas where the Programme has worked, only one has<br />
remained 'hot'." (EPCPT November 2000)<br />
Peace building initiatives blocked as NGOs had to avoid activities with a "political<br />
character" (1991-1995)<br />
• Catholic Church and the National Council of Churches of Kenya (NCCK) major actors in the<br />
assistance to the displaced<br />
• IDPs offered free medical services from hospitals and dispensaries during the first phase of the<br />
displacement situation<br />
• More than twenty NGOs assisting the displaced populations in the Mt. Elgon area by mid-1993<br />
• Humanitarian actors experienced harassment from government agents<br />
"The people were unprepared for the eruption of violence because they failed to acknowledge the early<br />
warning signs. These included tension generated by the Katakwa issue and the manipulation of ongoing<br />
political changes. People fleeing destruction and persecution in their homes sought sanctuary in local<br />
churches and markets. The Catholic Church and the National Council of Churches of Kenya (NCCK) were<br />
among the first to initiate assistance programmes through their established networks and institutions.<br />
Church buildings, schools, and some parishioners gave shelter to those fleeing the hostilities. Perceiving<br />
displacement as temporary, provisional and short-term assistance focussed primarily on relieving material<br />
needs. Relief providers hoped that violence would end so people could return to their homes within a short<br />
119
period. As conflict became more protracted, the capacity of local structures was overwhelmed. In the words<br />
of Tecla Wanjala, a pillar of peace in this monograph who was then the Development Co-ordinator with the<br />
Catholic Church:ng others, are presented in subsequent chapters.<br />
'We all thought that the violence [would be] short-lived and that it would end after the 1992 [December]<br />
elections. To the frustration of most of us [relief workers], this assumption turned out wrong. This<br />
realisation posed the single most difficult challenge: how to reorient relief programme beyond [the current]<br />
relief assistance engaged in by all actors.'<br />
In the aftermath of the December 1992 elections, clashes escalated and more people were displaced.<br />
Following a Presidential visit to Mt. Elgon in July 1993, access to the mountain was granted. Soon, more<br />
than twenty humanitarian agencies were engaged in working with displaced populations in both districts.<br />
This generated a set of challenges related to the organisation and disbursement of assistance. Among the<br />
most prevalent challenges was the marked competition for operational space and funding which resulted in<br />
increased duplication of the relief efforts and uneven distribution of peace building services. Humanitarian<br />
actors were struggling with the growing emergency in a crowded, competitive arena. They experienced<br />
continuous harassment from government agents as the main obstacle to their relief efforts. Tecla observes:<br />
'At the time [1993], the government was harassing all of us [relief agencies], in some cases we were even<br />
denied access to the internally displaced populations (IDPs). At three different times, police officers<br />
stopped me from entering a camp where the IDPs were held.'<br />
Negative attitudes among government functionaries made daily operations difficult and led to enormous<br />
energies being spent in negotiating access and trying to cultivate goodwill from officers on the ground.<br />
Further, lack of consistent goodwill by the government made NGOs delay the start-up of any activity that<br />
could be associated with peace building. Unsure of how far they could push the government agents, NGOs<br />
remained reluctant to engage in any activity that could trigger government suspicion beyond what it was.<br />
Subsequently, intervention efforts focussed on relief assistance and emphasised their non-political character<br />
to the exclusion of matters that could have political implications. Peace building was an essential victim in<br />
this situation. Everyone was trying to avoid addressing directly the return of IDPs and justice. These two<br />
controversial issues could have questioned the role of government agencies in the clashes. Until late 1994<br />
and early 1995 when some people began to return to their homes, peace building remained an arena where<br />
no one was brave enough to venture. Delayed starts and the failure to address issues of justice and<br />
compensation threatened the viability of peace. These concerns are elaborated later." (Kathina Juma May<br />
2000, pp. 36-37)<br />
International response<br />
The KANU government considered it in the interest of state security to deny local and<br />
international attention on IDPs<br />
• No agencies seem to be doing anything on the ground<br />
• Lack of information or literature on Kenya’s IDPs create the impression that there are none in the<br />
country<br />
• Lack of information makes it easy for donors to dismiss proposals for assistance as exaggerations<br />
designed to get funding for other projects<br />
“Generally, international response to internal displacement in Africa is minimal, delayed or non-existent,<br />
and the reaction of governments to the protection needs of IDPs usually lethargic. As with refugees,<br />
governments are quick to deny, withhold or manipulate information about numbers, security, and socio-<br />
120
economic well being of displaced persons. Sometimes authorities limit access to affected areas and camps<br />
by ‘outsiders.’ In Kenya, the KANU [Kenya African National Union] government considered it in the<br />
interest of state security to deny local and international journalists, researchers and humanitarian workers<br />
access to IDPs, or information on the security situation in affected areas. Denial of access to clash zones<br />
was explained as a security measure, although it was deliberate obstruction. Due to what was understood to<br />
be official indifference, many actors in humanitarian work did not pursue programmatic activities to assist<br />
IDPs. To avoid cancellation of licences or straining their relationship with the host government, some<br />
NGOs and donors funded small-scale projects, usually in a discreet manner.<br />
There is a distinct lack of academic interest in the subject of internal population displacement in Kenya. It<br />
is a relatively green area lacking in literature, and students are deterred from researching by the fact that no<br />
agencies seem to be doing anything on the ground. Besides, IDPs are found in politically charged<br />
environments that many fear to venture into, especially when research permits are denied or movement<br />
within affected regions restricted by the authorities. Agencies, research and learning institution’s lack of<br />
information or literature on Kenya’s IDPs create the impression that there are none in the country. It<br />
therefore becomes quite easy for donors to dismiss proposals for assistance as exaggerations designed to<br />
get funding for other projects" (DPMCU, Dec 2002, p. 42).<br />
UNDP has not been involved in follow-up activities on the situation of the displaced<br />
since 1995 (2002)<br />
• Silence and inaction by the UN and a large section of civil society in Kenya may be attributable to<br />
political sensitivity of the IDP issue<br />
“Since the UNDP ‘Displaced Persons Program in Kenya’ was wound up in 1995, UNDP has not been<br />
involved in research or follow-up activities on the situation of the displaced. Nor have other UN agencies in<br />
Kenya been vocal about the subject. This omission is all the more glaring in the light of the UNDP’s<br />
priority of addressing poverty. IDPs remain the poorest of the poor, and UNDP in its Poverty Eradication<br />
Programmes needs to look at population displacement and dispossession as an on-going problem in Kenya.<br />
Given that IDPs far outnumber the number of recognized cross-border refugees in Kenya, UNDP needs to<br />
recognize them as a subgroup of the most impoverished and marginalized and set up assistance<br />
programmes targeting them. Silence and inaction by the UN and a large section of civil society in Kenya<br />
may be attributable to political sensitivity of the issue (and for NGOs, this and lack of resources), but<br />
general opinion among many academics and practitioners interviewed in this instance is that the UN is<br />
embarrassed about the failure of the UNDP programme, a situation that has contributed to the silence and<br />
indifference. Yet UNDP, having previous experience with the displaced in the 1990s, and in its mandate to<br />
alleviate poverty, is very well placed to revive interest in this subgroup of the most poor by lobbying the<br />
government to recognize their existence and assistance needs. UNDP could also spearhead a process of<br />
inter-agency response.” (UNIFEM, Jan 2002, pp, 10-11)<br />
Limited international attention given to the conflicts within Kenya (2000)<br />
• Ethnic conflicts regarded as internal affairs<br />
• Conflicts considered relatively insignificant in comparison to conflicts in nearby countries<br />
"To date there have been no conflict resolution initiatives from international sponsors, largely because<br />
Kenyan conflicts tend to be regarded as internal affairs which are relatively insignificant in comparison to<br />
conflicts in nearby countries. The fact that the elections of 1992 and 1997, although criticised by political<br />
groups inside Kenya, were judged as relatively free and honest by international monitors has also<br />
contributed to this neglect. The regime is regarded as legitimate.<br />
121
The government denies any involvement in the conflicts which makes it hard to identify the conflicting<br />
parties and to bring them to the negotiating table. There is no organised, armed resistance against the<br />
government. There is no acceptable alternative to President Moi.<br />
Kenya’s various conflicts have aroused little attention in the foreign media. The Rift Valley has been<br />
practically closed to foreign journalists in the belief that international intervention in domestic conflicts is<br />
directly linked to the amount of media coverage they receive. The North-Eastern Province is remote from<br />
the capital, and for unaccompanied UN-officials, other aid-workers and travelers it is a no-go area.<br />
President Moi’s consistent denial of any government involvement in the political violence, however, is<br />
becoming less and less credible. Kenya’s foreign donors have supported international human rights<br />
organisations in their criticism of the Moi regime. What little public awareness exists of the conflicts in<br />
Kenya, has been generated largely by Amnesty International, Human Rights Watch and African Rights."<br />
(EPCPT November 2000)<br />
UNDP's reconciliation and reintegration programme (1993-1995)<br />
• HRW claims that the programme was obstructed by lack of government commitment to restore<br />
the displaced to their lost land and livelihood<br />
• HRW report criticising UNDP programme for not giving attention to protection needs and the<br />
political causes of the displacement<br />
• Forced expulsion of some 2,000 Kikuyu from Maela camp in December 1994 made UNDP more<br />
outspoken advocate of the displaced<br />
• Programme terminated in November 1995<br />
"In 1993, UNDP took commendable initiative to create a reconciliation and reintegration program for those<br />
displaced from the 'ethnic' clashes. The stated objective of the proposed U.S.$20 million Programme for<br />
Displaced Persons was 'the reintegration of displaced populations into local communities, prevention of<br />
renewed tensions and promotion of the process of reconciliation.' The program was implemented jointly<br />
with the government. The program plan was based largely on two reports, known as the Rogge Reports,<br />
after the author.<br />
[...]<br />
The first Rogge report provided a sound and well-conceived proposal for action that included short-term<br />
relief assistance needs; medium-term needs for general development initiatives including the rehabilitation<br />
of destroyed institutions, reconciliation seminars, employment training, and regularization of the land<br />
tenure system; and long-term protection and security issues which, the report stressed, were paramount to<br />
the program's success.<br />
By the time the UNDP program began, levels of violence had diminished significantly, and reintegration<br />
had begun to occur in some areas, particularly Nyanza and Western Province. However, at the same time,<br />
the government steadily undermined reintegration through active obstruction of reintegration efforts on<br />
some fronts and inaction on others. During the UNDP program, and since, there was no government<br />
commitment to reverse the damage that had been caused, and to restore the displaced to their lost land and<br />
livelihood without regard for ethnicity.<br />
Even while progress was made in alleviating the emergency food and material assistance needs in the first<br />
year of the UNDP program and some reintegration occurred, a climate of mistrust and insecurity persisted<br />
in many parts of the Rift Valley. Numerous difficulties remained largely due to government resistance to<br />
full reintegration, and a lack of political will to restore security, to redress past and continuing injustices<br />
against the displaced, and to find lasting solutions particularly with regard to land reform. The Kenyan<br />
122
government continued to harass and intimidate the displaced after they were driven from their land. The<br />
government brought charges against critics of the government's policies towards the displaced, while at the<br />
same time it allowed the instigators and perpetrators of the violence to enjoy complete impunity. [...].<br />
[...]<br />
In the face of this largely predictable resistance from government quarters, UNDP appeared unprepared and<br />
unqualified to deal with the rights and protection implications that this raised. The manner in which the<br />
program was initially structured did not put into place safeguards to minimize government control or<br />
manipulation of the program. Instead of addressing the key impediments to lasting change, UNDP ignored<br />
the political, human rights, and development dimensions of the displacement. Building its approach on<br />
experience acquired previously through a drought alleviation program, UNDP proceeded as if all that was<br />
necessary was to provide relief supplies to enable people to return-while doing nothing more than<br />
acknowledging the political causes of the displacement and the attendant human rights violations that<br />
needed to be addressed. Also, based on its usual working approach, UNDP partnered itself closely with the<br />
government. Many of the issues that the Rogge reports identified as fundamental were disregarded in the<br />
implementation of the program. Where UNDP encountered government resistance to addressing an issue,<br />
such as human rights violations or land law reform, the agency's approach was to retreat rather than to press<br />
for these fundamental changes to be made. The narrow perspective adopted by UNDP resulted in a program<br />
that ignored issues responsible for the humanitarian crisis in Kenya which were key to finding lasting<br />
solutions.<br />
[...]<br />
Ultimately, the manner in which the program was administered resulted in the greatest attention being<br />
placed on that part of the program that was relatively the easiest and least politically controversial to<br />
administer-the relief part-and a neglect of protection, human rights, and long-term needs, which would have<br />
required UNDP to adopt a more critical advocacy role in relation to the Kenyan government. In the end,<br />
UNDP was immobilized. UNDP was neither able to address the long-term developmental issues for<br />
reintegration which it had the expertise to do, nor was it able to channel sufficient pressure on the<br />
government where needed because it lacked the experience and political will.<br />
The final blow to the flagging program was the forced expulsion of some 2,000 Kikuyu from Maela camp,<br />
who were trucked out of the camp after a police raid in the middle of the night on December 24, 1994,<br />
without the knowledge of UNDP, and dumped at three sites in their 'ancestral' home of Central Province. A<br />
few days later, many of the same people were subjected to a second round of police raids, as the<br />
government tried to disperse them as quickly as possible. For the first time, UNDP became an outspoken<br />
advocate of the displaced, calling on the government and the world to stop these abuses. By that time,<br />
however, UNDP's position was so compromised, it was in no position to mobilize donor and NGO support.<br />
Despite assurances from UNDP that it would protect those who had been displaced from Maela, UNDP<br />
never returned them to Maela, nor did the agency succeed in pressuring the government to punish the<br />
responsible officials. At one point, UNDP's resident representative to Kenya characterized the forced<br />
dispersal as a 'temporary hiccup' in the program, in a bid to urge donors and others not to allow this incident<br />
to detract from the positive contributions of the program. Moreover, because UNDP had such poor NGO<br />
relations and a record of praising the government, UNDP became a target of blame for the Maela camp<br />
incident, irreparably damaging its image and credibility in Kenya. The Maela incident brought the UNDP<br />
Displaced Persons Program in Kenya to a halt. It was formally ended in November 1995." (HRW June<br />
1997, pp. 6, 7, 8, 10, 11)<br />
"While UNDP cannot be held responsible for the Kenyan government's recalcitrance, it does bear some<br />
responsibility for the thousands who remain displaced today. There are a number of identifiable factors that<br />
could have strengthened UNDP's contribution. UNDP did not put into place a working agreement with the<br />
government setting out basic operating conditions for the program. UNDP misread the situation and did not<br />
put into place mechanisms to guard against government abuse. UNDP did not prioritize data collection. In<br />
the context of forced dispersals by the government, the absence of a monitoring and reporting function<br />
meant that there was no sustained follow-up or means of identifying those displaced who were expelled<br />
from identifiable camp-like situations. UNDP also did not play a vigorous and outspoken advocacy and<br />
protection role to protect the displaced against human rights abuses. UNDP was silent on the need for<br />
123
accountability, and too ready to accept and to propound arguments that only a few officials were involved<br />
as an alternative to confronting the government's betrayal of the very premise of its program. Its program<br />
did not support and strengthen the local NGO community. As a result of these omissions and the<br />
government's obstruction, UNDP was forced to end the program prematurely without addressing the longterm<br />
solutions, including land reform, leaving thousands abandoned. An examination of these factors, if<br />
acted on by UNDP, may avoid the same errors from being repeated in programs elsewhere." (HRW June<br />
1997, pp. 83-84)<br />
The Global IDP Database has not succeeded in accessing the original UNDP documents related to this<br />
project. However, the hardcopy version of the HRW report includes an eight-page comment by UNDP on<br />
the content of the HRW report. Among other comments, UNDP indicates that its support for IDPs was<br />
not suspended in 1995 as the Government had agreed that it should "incorporate activities in favour of<br />
displaced persons in its social dimension of development programme" (HRW June 1997, p. 151)<br />
References to the Guiding Principles on Internal Displacement<br />
No moves to use the Guiding Principles for policy on internal displacement by the<br />
former government (Dec 2002)<br />
”Feelings of abandonment have been heightened by claims from the authorities that there are no IDPs in<br />
Kenya, aside from those temporarily displaced by drought, floods and other natural disasters, humanitarian<br />
sources told IRIN recently.<br />
'We keep hearing that Kenya is a peaceful country and that all the internally displaced have been resettled.<br />
We are still here,' says one Thessalia resident. Partly because of this official position and the accompanying<br />
'culture of silence', awareness of the UN Guiding Principles on Internal Displacement among IDPs is<br />
thought to be very low, according to humanitarian sources.<br />
The issue of internal displacement has 'remained largely unaddressed at the advocacy and policy levels,'<br />
sources said. Unlike neighbouring Uganda, for example, there have been no moves to use the Guiding<br />
Principles as a model for an explicit policy on internal displacement, they added” (IRIN 14 Nov 2002).<br />
124
LIST <strong>OF</strong> SOURCES USED<br />
(alphabetical order)<br />
Amnesty International (AI), 10 June 1998, Kenya:Political Violence Spirals<br />
Internet : http://www.web.amnesty.org/ai.nsf/index/AFR320191998 , accessed 10 July<br />
2000<br />
Article 19, December 1998, Kenya: Post-election political violence<br />
Internet : http://www.article19.org/docimages/313.htm , accessed 10 July 2000<br />
Article 19, October 1997, Deadly Marionettes: State-Sponsored Violence In Africa<br />
Internet : http://www.article19.org/docimages/477.htm#2.3 , accessed 10 July 2000<br />
BBC News, 16 August 2004, Kenya Maasai land claims rejected<br />
Internet : http://news.bbc.co.uk/1/hi/world/africa/3570656.stm , accessed 16 November<br />
2004<br />
BBC News, 24 August 2004, Nairobi police disperse Maasai<br />
Internet : http://news.bbc.co.uk/1/hi/world/africa/3594184.stm , accessed 16 November<br />
2004<br />
Carver, Richard , August 1995, Kenya: Update to end of July 1995 (WRITENET<br />
Internet :<br />
http://web.archive.org/web/19970221160105/www.unhcr.org/refworld/country/writenet/w<br />
riken02.htm , accessed 9 September 2002<br />
Catholic Information Service for Africa (CISA), 26 October 2004, <strong>KENYA</strong>: Illegal<br />
Guns Cause Violence in the North, Leaders Say<br />
Internet : http://www.salesians.org.za/newsletter-371.php , accessed 5 November 2004<br />
Catholic Information Service for Africa (CISA), 31 August 2004, <strong>KENYA</strong>:<br />
Government Urged to Urgently Resettle Landless Victims<br />
Internet : http://www.salesians.org.za/newsletter-355.php , accessed 5 November 2004<br />
Center for International Development and Conflict Management (CIDCM), October<br />
1999, "Kikuyu, Kisii, Luhya, and Luo in Kenya" by Shin-wha Lee and Anne Pitsch<br />
(Update by Alexander Danso)<br />
Internet :<br />
http://web.archive.org/web/20001206133300/www.bsos.umd.edu/cidcm/mar/kenkik.htm<br />
accessed 18 July 2002<br />
Christina Nyström , August 2000, <strong>KENYA</strong>: The Party System from 1963-2000<br />
Internet : http://www.janda.org/ICPP/ICPP2000/Countries/9-CentralEastAfrica/96-<br />
Kenya/96-Kenya63-00.htm , , accessed 10 November 2004<br />
125
Constitution of Kenya Review Commission (CKRC), October 2001, REFUGEES IN<br />
<strong>KENYA</strong> AND THE CONSTITUTIONAL REVIEW PROCESS : The way forward.<br />
Internet : http://www.kenyaconstitution.org/docs/07d048.htm , accessed 3 November<br />
2004<br />
Daily Nation (Nairobi), 23 November 2000, Kanu MPs block help for clashes victims<br />
Internet : http://www.nationaudio.com/News/DailyNation/23112000/News/News76.html<br />
accessed 6 December 2000<br />
Daily Nation (Nairobi), 26 August 2004, Maasai seek Sh10bn for all their lost land<br />
Internet :<br />
http://www.nationmedia.com/dailynation/nmgcontententry.asp?category_id=1&newsid=<br />
14371 , , accessed 27 August 2004<br />
Daily Nation (Nairobi), 28 August 1999, "Church resettles over 1,000 displaced<br />
families"<br />
Internet : http://www.frontier.net/~johnnyd/kaiser/nation82899.htm , accessed 6<br />
December 2000<br />
East African Standard (Nairobi), 12 September 2004, Fourteen years later, it‘s a hard<br />
life in the cold<br />
Internet :<br />
http://www.eastandard.net/archives/september/sun12092004/reports/rep12090407.htm ,<br />
accessed 10 November 2004<br />
East African Standard (Nairobi), 12 September 2004, Huruma residents are the picture<br />
of disillusionment<br />
Internet :<br />
http://www.eastandard.net/archives/september/sun12092004/reports/rep12090405.htm ,<br />
accessed 10 November 2004<br />
East African Standard (Nairobi), 12 September 2004, It’s a tough life for the displaced<br />
Internet :<br />
http://www.eastandard.net/archives/september/sun12092004/reports/rep12090406.htm ,<br />
accessed 10 November 2004<br />
East African Standard (Nairobi), 12 September 2004, Kimunya: Internally displaced<br />
opportunists<br />
Internet :<br />
http://www.eastandard.net/archives/september/sun12092004/reports/rep120904010.htm ,<br />
accessed 30 November 2004<br />
East African Standard (Nairobi), 12 September 2004, Revenge mission fanned the<br />
flames of ethnic war<br />
126
Internet :<br />
http://www.eastandard.net/archives/september/sun12092004/reports/rep12090401.htm ,<br />
accessed 10 November 2004<br />
East African Standard (Nairobi), 12 September 2004, Rift Valley MPs seek justice for<br />
clashes victims<br />
Internet :<br />
http://www.eastandard.net/archives/september/sun12092004/reports/rep12090403.htm ,<br />
accessed 10 November 2004<br />
East African Standard (Nairobi), 16 August 2004, Mass burial for victims<br />
Internet :<br />
http://www.eastandard.net/archives/august/mon16082004/headlines/news15080409.htm ,<br />
accessed 25 October 2004<br />
East African Standard (Nairobi), 29 October 2000, "A people scavenging for a<br />
desperate future"<br />
Internet : http://www.frontier.net/~johnnyd/kaiser/standard1029.htm , accessed 6<br />
December 2000<br />
East African Standard (Nairobi), 5 October 2004, Coast and Rift Valley bore the brunt<br />
of land craze<br />
Internet : http://www.eastandard.net/archives/sunday/hm_news/news.php?articleid=2259<br />
accessed 28 October 2004<br />
East African Standard (Nairobi), 6 October 2004, The ultimate solution to land crisis in<br />
Kenya<br />
Internet : http://www.eastandard.net/archives/sunday/hm_news/news.php?articleid=2302<br />
accessed 28 October 2004<br />
East African Standard (Nairobi), 6 September 2004, Search for lasting peace in the<br />
vast Kerio Valley<br />
Internet :<br />
http://www.eastandard.net/archives/september/mon06092004/headlines/new06090401.ht<br />
accessed 25 October 2004<br />
East African Standard (Nairobi), 6 September 2004, Will peace deal hold over<br />
boundary feud?<br />
Internet :<br />
http://www.eastandard.net/archives/september/mon06092004/headlines/new06090404.ht<br />
accessed 25 October 2004<br />
East African Standard (Nairobi), October 2004, Land report will be withheld<br />
Internet : http://www.eastandard.net/archives/cl/hm_news/news.php?articleid=1925 , m ,<br />
accessed 28 October 2004<br />
127
East African Standard (Nairobi), October 2004, Who owns Kenya?<br />
Internet : http://www.eastandard.net/archives/cl/hm_news/news.php?articleid=1916 , m ,<br />
accessed 28 October 2004<br />
European Platform for Conflict Prevention and Transformation (EPCPT),<br />
November 2000, Searching for Peace in Africa-An Overview of Conflict Prevention and<br />
Management Activities: Kenya<br />
Human Rights Watch (HRW), June 1997, Failing The Internally Displaced: The UNDP<br />
Displaced Persons Program In Kenya<br />
Internet : http://www.hrw.org/hrw/reports/1997/kenya2/ , , , accessed 10 July 2000<br />
Independent Catholic News , 26 August 2004, Kenya remembers Fr John Kaiser<br />
Internet : http://www.indcatholicnews.com/kenkasco.%20html , accessed 1 September<br />
2004<br />
Integrated Regional Information Networks (IRIN), 11 January 2002, IRIN Focus on<br />
violent clashes in 2001<br />
Internet :<br />
http://www.irinnews.org/report.asp?ReportID=18913&SelectRegion=East_Africa&Selec<br />
tCountry=<strong>KENYA</strong> , accessed 14 January 2002<br />
Integrated Regional Information Networks (IRIN), 11 November 1999, <strong>KENYA</strong>:<br />
IRIN Focus on displaced people in Rift Valley<br />
Internet :<br />
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