bungoma county peace and conflict profile

1Peace and conflict profile

BUNGOMA COUNTYPEACE AND CONFLICT PROFILE

M i n i s t r y o f I n t e r i o r a n d C o o r d i n a t i o n o f N a t i o n a l G ove r n m e n t

N AT I O N A L S T E E R I N G C O M M I T T E EO N P E AC E B U I L D I N G & C O N F L I C T M A N A G E M E N T

AAM NIYNKE A

2014

Disclaimer:The views expressed in this report do not necessarily reflect the view of the Government of Kenya (GoK) orUnited States Agency for International Development (USAID).

Information gathering and review for Lamu County Peace and Conflict Profile was collected by Conflict Analysts from NSC comprising Thomson Muthama, Peter Mwamachi, Samwel Ngunjiri, James Owino and Ahmed Biko

The team was supported by field researchers: Babu Ayindo, Doreen Ruto, Muktar Liban, Shaba Varajab, Johnstone Kibor and Mugethi Gitau.

PACT support to the process was coordinated by Kassie Mc Ilvaine and Nikolai Hutchingson.

The entire process including data collection, compilation, review and stakeholders’ validation forums was coordinated by Kiarie Njuguna. Initial compilation was done by Dr. Makodingo Washington and the final review, compilation and editing done by Lazarus Kubasu Nolasco, Conflict Specialist Consultant, for the National Steering Committee on Peacebuilding and Conflict Management (NSC).

Overall leadership and direction was provided by S.K. Maina, EBS, the National Coordinator, National Steering Committee on Peace Building and Conflict Management (NSC).

Cover design and Layout by: Samuel Kinyanjui

ContentsAbbreviations 4

1.0 Introduction 61.1 The National Steering Committee on Peacebuilding and Conflict Management (NSC) 61.2 Rationale for County Peace and Conflict Profile 61.3 Methodology 7

2.0 Demographics and Socio-Cultural Analysis 7

3.0 Priority Conflict Dynamics 103.1 Key Conflict Issues 10

4.0 Security analysis 134.1 Epicenters of conflict and insecurity 14

5.0 Economic and Environmental Analysis 14

6.0 Political Risk Assessment of the County 15

7.0 Access to Justice and Dispute Resolution Mechanisms 16

8.0 Role of the National Government in Peacebuilding

and Conflict Management 16

9.0 Role of County Governments in Peacebuilding

and Conflict Management 179.1 Opportunities for sustainable peace and security 189.2 Recommendation from County Stakeholders 18

4 Peace and conflict profile

Abbreviations

CEWARN Conflict Early Warning and Response Mechanism

CEWERU Conflict Early Warning and Response Unit

CORD Coalition for the Reforms and Democracy

CPMR Conflict Prevention, Management and Resolution

CPF County Peace Forum

CRA Commission on Revenue Allocation

CSO Civil Society Organization

CTF County Task Force

FGD Focus Group Discussions

FORD Forum for Restoration of Democracy

GoK Government of Kenya

IEBC Independent Electoral and Boundaries Commission

IGAD Inter-Governmental Authority on Development

KANU Kenya African National Union

KEPSA Kenya Private Sector Association

KNBS Kenya National Bureau of Statistics

MDF Moorland Defense Force

MOI&NC Ministry of Interior and National Coordination


NCEWERS National Conflict Early Warning and Early Response System

NCIC National Cohesion and Integration Commission

NIS National Intelligence Service

NLC National Land Commission

NPS National Peace Commission

NDMA National Drought Management Authority

NPS National Police Service

NSC-PBCM National Steering Committee on Peacebuilding and Conflict Management

ODM Orange Democratic Movement

PDA Peace Data Analyst

PM Peace Monitors

SCPC Sub-county Peace Committee

SLDF Sabaot Land Defense Force

SRIC Security Research and Information Centre

SUPKEM Supreme Council for Kenya Muslims

RDU Rapid Deployment Unit

UNDP United Nations Development Programme

USAID United States Agency for International Development


1.0 Introduction1.1 The National Steering Committee on Peacebuilding and Conflict

Management (NSC)

The National Steering Committee on Peacebuilding and Conflict Management (NSC) was established in 2001. It is an inter-agency committee comprising peace, security and development stakeholders. Its mandate is to consolidate and coordinate peacebuilding and conflict management initiatives in Kenya. The committee brings together peace stakeholders from relevant Government Ministries and Departments, civil society, development partners, and UN agencies.

In Kenya, the NSC is also the National Conflict Early Warning and Early Response Unit (CEWERU) under the Inter-Governmental Authority on Development’s (IGAD) Conflict Early Warning (CEWARN) mechanism with the mandate to implement the CEWARN Protocol. The NSC is served by a secretariat based within the Ministry of Interior and Coordination of National Government. It has since developed the National Policy on Peacebuilding and Conflict Management that provides strategic direction to peace processes and strengthening of Kenya’s infrastructure for peace. It has also developed Standard Guidelines and Terms of Reference for the Establishment of Peace Structures.

1.2 Rationale for County Peace and Conflict Profile

The NSC has been instrumental in steering the peace processes in the country, focusing on consolidating and strengthening local level responsiveness and capacity in handling conflict situations. In view of the political and administrative changes in the country, NSC in collaboration with CEWARN, USAID, PACT and Act Change Transform (Act!) and a number of peace stakeholders embarked on developing the peace and conflict profiles to track conflict trends and dynamics as well as their effect on peace and development in all the 47 counties. This work has been validated, reviewed and finalized and is now brought to the attention of the County Government for implementation of the findings. It is expected that the work will

provide a solid platform for the County Government to respond proactively to the core challenges of sustainable peace, security and development at the sub-national level.

In addition, it is expected that this report will assist the County Government mainstream conflict management in development planning, legislative agenda, and resource allocation creating a sound framework for sustainable development.

“National SteeringCommittee (NSC)provides a holistic

approach toconflict prevention,management, and

resolution”

It is expected that the County Government

will mainstreamfindings of this report in development planning,

legislative agenda, governance framework and resource allocation

for peaceful counties


1.3 Methodology

This report is an outcome of desk review of various sources of data, field research and consultations with peace and security stakeholders in the county undertaken by NSC between November 2012 and June 2014.

Field research involved key informant interviews and focus group discussions (FGDs). Participants included youth, women, opinion leaders, members of local peace committees, government officials at all levels and civil society organizations (CSOs). Secondary data was sourced from various key reports including the Kenya National Bureau of Statistics (KNBS) Census Report of 2009; Independent Electoral and Boundaries Commission (IEBC) reports on electoral boundaries and registration of voter statistics; County Fact Sheets from the Commission for Revenue Allocation (CRA); UWIANO Platform for Peace reports; various NSC/ CEWARN sources including county briefs and county situational analysis reports, the National Conflict Mapping and Analysis publication (2011); Security Research and Information Center (SRIC) Report on Crime Observatory; Constitution and Reform Education Consortium (CRECO) Report and PACT draft county profiles among others.

After consolidation of the initial findings, a validation forum was conducted in the county involving the Office of the Governor, a cross section of political leaders from the County including members of the County assembly and Members of Parliament in the county, other opinion leaders, Faith based organizations, the county security committee including the County Commissioner, National Police Service commanders in the county, Deputy County Commissioners from all the sub-counties; other government officials in the county drawn from sectors dealing with Land matters, IEBC, environment (NEMA), wildlife conservation, agriculture, livestock and fisheries, the Judiciary (local courts), forestry, representatives from all the sub-county peace committees, the County Peace Forum, women groups, youth representatives, people living with disabilities, and local Civil society organizations working in the peace and security sector.

Validation meetings were hosted in all the counties to present the draft profiles in order to check for accuracy as well as update the information compiled. A retreat was held in Nanyuki in June 2014 to finalize the compilation of the reports.

2.0 Demographics and Socio-Cultural AnalysisBungoma County is situated in Western Kenya along the border with Uganda and it

occupies 3,593 Km2. It borders Busia, Kakamega and Trans Nzoia Counties. The County has a population of 1,630,934 persons. Temperatures range between 15 - 30°. It has two rainy seasons with average rainfall ranging 1,200mm and 1,800mm per annum. The County Capital is Bungoma town. There are 4 sub-ethnic communities of the Luhya tribe in Bungoma: Bukusu, Sabaot, Tachoni and Tura. Bungoma has 9 constituencies namely Tongaren, Mt

Land area of 3,953Km2

Total Population ofBungoma Countyis estimated to be1,630,934 people

Male – 48%,Female – 52%


Elgon, Sirisia, Kanduyi, Webuye West, Webuye East, Bumula, Kimilili and Kabuchai. Nearly 70% of the eligible voters in the county are Bukusu. In fact, other than Mt. Elgon Constituency that is dominated by the Sabaot, all the other constituencies in the county are predominantly Bukusu. Even in the urban centres, the Bukusu are the majority. This dominance has often led to conflict with the minorities especially the Tachoni and the Sabaot of Mt.Elgon. Unlike the Sabaot, the Tachoni are Luhya and


share a near common language with the Bukusu. Incidences of conflict between the Tachoni and the Bukusu have been few and far apart. The major inter-ethnic conflict has been between the Bukusu and the Sabaot. However, the conflict of greatest concern has been intra-ethnic pitting the Soy against the Mosop Sabaot clans in Mt. Elgon. The root cause of the conflicts between the Sabaot clans is land and political rivalry.

The Sabaot are a Kalenjin people residing on the slopes of Mt Elgon. For many years, their main political goal was the desire to get their own district hived off the predominantly Bukusu Bungoma. In 1994, Mt. Elgon District was created. However, when the new constitution set out county boundaries, Mt. Elgon District was made part of Bungoma County. When interviewed, the Sabaot, feel that the new order is a loss for them as they will, once again, be under Bukusu domination and their choices will not impact on what is done in the county.

Numerically, the Sabaot only constitute about 10% of the eligible voters in the County. It is widely held that the Sabaot voted overwhelmingly against the new constitution because of the perception that the County Government would marginalize their areas in terms of political representation and economic empowerment.

Below please find selected County Statistics for Bungoma:

Surface Area: 3,953Km2

Number of Constituencies (2010): 9 ( Tongaren, Mt Elgon, Sirisia, Kanduyi, Webuye West, Webuye East, Bumula, Kimilili and Kabuchai)

County capital: Bungoma Town

Population: 1,630,934 (Male - 48%, Female – 52%)

Population Density: 454 people per Km2

Population Growth Rate: 4.3%

Poverty Rate: 53%

Tourist Attractions and Sites: • Mt Elgon National Park• Mt Elgon Forest Reserve• Chepkitale Forest• Nabuyole & Malakisi Falls• Sang’alo, Musikoma, Kabuchai Hills• Caves at Kitum, Mackingeny, Ngwarisha, Chepnyali,

Kiptoro

Natural Resources: Forests, Rivers, Hot Springs, Arable Land

FY 2013/14 CRA Allocation: Kshs. 6,180,666,881


Main Economic Activities/Industries: Webuye Paper Mills, Nzoia Sugar Factory, BAT Malak-isi & Mastermind, commercial businesses, sugar cane farming, livestock farming

Social and Cultural activities: Farmers, traders

Agricultural products: • Sugar, coffee, maize, milk, tobacco, bananas, sweet potatoes

Potential: • Cotton ginning• Manufacture of paper based products if Webuye

paper Mills is revived• Large scale flour milling with the multi-million Silo

complex• Potential to be the leading producer of paper and

tobacco• Very deep cultural heritage with traditional music

and extensive rites of passage which can be worked into an organized into a greater economic venture

Challenges: • Perennial conflict between majority Bukusu and minority Sabaots

• Resettlement of communities in the Chebyuk resettlement scheme

• High rate of insecurity• Revival of several factories such as Pan Paper and

tobacco factories

Source: Varied – CRA, KNBS, County Profiles

3.0 Priority Conflict DynamicsThe clan and ethnic dynamics in Mt. Elgon need to be monitored closely. Ethnic Tensions exist between the Bukusu and Sabaot; Bukusu and Tachoni, and between the Soy and Ndorobo. Political Party Affiliation is also a source of conflict. Land Settlements in Mt Elgon, specifically Chebyuk Settlement Scheme, have been a source of unending conflicts.

3.1 Key Conflict Issues

• HistoricalMarginalization• TheLandIssue• TheEmergenceofMilitiaGroups• TheLaibonfactor• Resourcebasedconflict;theNational

Park and the Mt. Elgon Forest• ProliferationofSmallArmsandLight

Weapons

• Gender-basedviolence• Human-wildlifeconflict• Negativeethnicity• Resource-basedconflicts• YouthUnemployment


• HistoricalMarginalization: From the time of independence Mt. Elgon was administered from Bungoma and so the Sabaot perceived this as structural domination by the Bukusu who are the dominant ethnic group in Bungoma. After the first ethnic clashes in 1991, the Sabaot were given their own district but new county boundaries have caused tension to resurface. There is need to address issues of minorities and perceptions of marginalization among the various groups in the county.

•TheLandIssue: The National Park and the Mt. Elgon Forest: Out of the 944 square kilometers that is Mt. Elgon District, over 600 square kilometers is forest. Despite this fact, access to the benefits of the forest reserve appears to be the least of the population’s problems. They are more concerned with the fair completion of the resettlement of communities out of the forest once the exercise commences. The bulk of the Mt. Elgon Forest (ChepKitale Native Reserve) is actually not in Mt. Elgon District but rather in Trans-Nzoia. The land conflict currently playing out in Mount Elgon Sub-county can be traced back to the colonial policy of alienating African land to create room for White settler farms. In the case of the Sabaot community, their ancestral grazing land on the extensive plains of what is now Trans-Nzoia District was taken away from them in the early 1930s without compensation. Not only did this alienate the community from its means of livelihood, but the dispersal patterns of the displaced members also heralded a process of intra-community differentiation and rivalry that feeds the current conflict. One section of the community, the Mosop (literally ‘people from the top’) relocated to Chepkitale ‘trust land’ on the upper slopes of Mount Elgon (at an altitude of 2700 to 3300 metres) above the dense forest in a marginal and uninhabitable mountain moorland characterised by poor soils and vegetative resources. They occupied an area of about 35 000 hectares. Another section, the Soy (literally ‘people from below’) settled on the lower slopes of the mountain (below an altitude of 1800 metres), a rich agricultural area now known as Chebyuk. Thus the two sub-groups who are now at war are actually only geographically divided – taking their names from the relative geographical elevations of the areas in which they settled – for culturally they stem from one community. The land in contention is called Chebyuk, and is said to have been occupied by the Ndorobo (Mosop) community in the early 1960s. It is alleged that in the early 1970s, President Kenyatta’s administration ordered the removal of the Ndorobo from the forest and instituted a government resettlement plan. In the original scheme, about 109 families were resettled. However, the scheme was never de-gazetted out of forest land. Subsequently by 1979 when the process was set to be formalized, the number of families had increased to over 2000; the complexity of the issue caused the process to be abandoned.

• TheSabaotLandDefenseForce: Driven by the need to protect themselves and their land, the Soy formed the Sabaot Land Defense Force (SLDF) as an armed guerrilla militia after the December 2002 General Elections. Recruitment of fighters began in March 2003, and training camps in the forest started in July


2003. Violent attacks, however, did not begin in earnest until 2006 as a response to government attempts to evict squatters in the Chebyuk area of Mt. Elgon Sub-County. According to the Kenya National Commission on Human Rights, at least 600 lives were lost and more than 66,000 were displaced in the ensuing violence. Government response included the deployment of the Administration Police Rapid Deployment Unit (RDU). The Kenyan army was subsequently deployed in March 2008 to quell the insurgency in response to the violent crimes by the SLDF on the civilian population. There were massive human rights violations in Mt. Elgon, which were allegedly committed by the government security forces during the military operations against SLDF.

• MoorlandForces: In reaction to the Soy-led SLDF, the Mosop organized their own guerrillas called the Moorland Defense Force (MDF), despite the presence of security forces and the establishment of three police bases in the area at Chebyuk, Kipsikrok and Kaimugul, triggered by the murder of a respected Mosop elder and retired chief, Tenderesi Temoi. As the name suggests, the MDF operated in the Moorlands high in the mountain from where the Mosop had been relocated earlier on and to which they fled after attacks by the SLDF. The Moorland Defense Force was associated with families that originally came from Chepkitale, who were at odds with the SLDF land at Chebyuk settlement scheme.

• Political Revenge Movement: Another anonymous militia group was formed in a desperate attempt to defend people. In 2013, people in Bungoma experienced a strange wave of attacks which were reported by the media to be possibly linked to political revenge. It is reported that the government was not swift enough to intervene and this led to terror and deaths of many people.

• TheLaibon factor: The Sabaot community greatly believes in the power of their seers, or Laibons, as they are called. Both the Soy and the Mosop each have powerful Laibons, who are said to lead in an oath taking process that foments conflict in the region. It is believed that the key to peace in Mt. Elgon lies in having the two Laibons agree on a workable formula for peace. However, one of the Laibons is reportedly more open to dialogue than the other. It is also alleged that neither the Soy nor the Mosop have a succession plan for the Laibons.

• ProliferationofSmallArmsandLightWeapons:Smallarmsandlightweaponsareeasily available in Mt. Elgon region. The arms are said to be smuggled into the country from neighbouring Uganda through the porous borders and used to perpetrate crime and cattle rustling in the area and its neighbourhood. Like the Northern parts of the Rift Valley where proliferation of illegal weapons is rife, the arming of militia in Mt. Elgon largely relied on the easy availability of weapons.

• Gender-based violence: Rape, defilement, domestic violence and female genital mutilation (especially in Cheptais and Namusi areas) are experienced in the county. This was rampant during the conflict perpetrated by the SDLF and other warring factions.


• Human-wildlifeconflict: This is observed in the human settlements near or around the National Park and Mt. Elgon Forest.

• Negativeethnicity: There has been reported skewed unemployment based on one’s clan/tribe identity, thus marginalization of certain groups of people.

• Resource-basedconflicts: There is already a conflict over water in the county, in which the residents of Cheptais are accused of inhibiting the flow of water to the lowlands of Lwandanyi due to boundary claims.

• YouthUnemployment: the rate of youth unemployment is high thus exposing the youth to political/criminal manipulation and radicalization. Others in the self- employment sector such as boda-boda operators are used to sneak illegal and counterfeit goods in the county while others still are used by politicians to cause chaos during political campaigns.

4.0 Security analysisThe potential for re-emergence of the insurgency and the alienation of minorities from economic and political life in Bungoma raises the potential of conflict in the County. The major security concern in Bungoma County involves Mt. Elgon constituency. Long-standing disputes and claims escalated in 2005 when some members of the Sabaot community started an insurgency under the banner of the SLDF. The dispute revolved around a botched land resettlement programme in the Chebyuk area. According to Human Rights Watch, Mwatikho Centre for Torture Survivors and Western Kenya Human Rights Watch: “from 2006 the Sabaot militia killed more than 600 people and terrorized the local population through physical assaults and threats, and the seizure and destruction of property.”

In 2008, the Kenya Army was deployed to quell the insurgency. This operation was widely criticized but the insurgency largely ended. Although normalcy has been restored, the dispute is still unresolved and the attendant situation needs to be monitored. Bungoma also suffers from insecurity related to coffee smuggling. Cases of theft of coffee beans from farmers unions have escalated over the recent past. These cases involve extremely violent gangs, with suspected complicity of the security forces and the provincial administration. The history of violence has contributed to militarization of the area as local residents buy weapons either for self-defence or for conducting attacks on their neighbouring communities. This has been facilitated by the proliferation of SALWs along the Kenya-Uganda border. The protracted conflict in Northern Uganda between the Lord’s Resistance Army led by Joseph Kony and the Uganda Government forces means that such weapons are generally in circulation and because of the porous Kenya-Uganda border they find their way into the Mount Elgon region.

The porous Kenya-Uganda boundary and family ties between groups on either side of the border resulted in the conflict acquiring an element of transnationalism.

‘Security risk in Bungoma is high’


Renegade Ugandan soldiers and rebel group remnants have time and again sought refuge among their relatives on the Kenyan side of the border and have even been hired to carry out attacks and atrocities on behalf of their Kenyan benefactors. The same is true of the SLDF, who would cross the border after carrying out operations in Chebyuk. The case of the Sebei from Uganda who fought alongside SLDF on the invitation of their Sabaot cousins during the 1990s ethnic clashes in Mount Elgon can be cited. It is also alleged that the state has itself been implicated in the proliferation of SALWs in the area. For instance, in the early 1990s it is reported that the government provided an estimated 1,000 guns to members of the Sabaot community who were recruited as Kenya Police Reservists1. These reservists are said to have taken sides in the clashes and used their guns against non-Sabaot2. Any conflict situation in the area can potentially escalate because both combatants and the tools of combat are readily available. Perceived persecution provided a reason for the acquisition of weapons. Regardless of whether the motivation was offence or defence, the outcome was that it extended the conflict. In a nut shell, there exists a strong relationship between ethno-nationalism, availability of weapons and land conflict.

4.1 Epicenters of conflict and insecurity

5.0 Economic and Environmental AnalysisAgriculture is the main economic activity of the county with sugar cane and maize farming being the major crops grown and accounting to a part of the county’s income. The region has also good livestock breeds that have seen the growth of beef and dairy industries. The county enjoys a relatively good weather and high amounts of rainfall. Furthermore, small scale irrigation is practiced from the large rivers that traverse the counties.

The Kenya-Uganda railway which passes through the region has also contributed significantly in supporting businesses in the county. This has seen the development of urban centres with dense population that has attracted financial institutions and retail businesses. Industrial centres exist in Nzoia and Webuye; sugar milling and formerly paper production respectively. At the moment, Pan-Paper Mills has ground to a halt and it is uncertain that the government will be keen on reviving the plant. These industries provide employment and support agricultural production particularly sugar cane growing. Potential to expand these industries and develop new ones exist.

Dairy farming is one of the key economic activities revolving around agro-production making processing of milk and value addition to milk products a venture worth spending money on. Milk supply outstrips the capacity of the Kitinda Farmers’ 1 KHRC Report, 19962 Ibid...

• ChebyukSettlementschemes,• BorderpointwithUganda


Cooperative society dairy plant. Cotton ginning with the planned revival of cotton growing in Bungoma West and Bungoma South districts along with the manufacture of animal feeds are others awaiting exploitation from astute investors. Manufacture of paper based packaging materials is a venture worth considering with the Pan African Paper Mills factory in Webuye only a stone’s throw

away. Nevertheless, agro forestry initiatives, dairy, poultry and pig farming, oil palm growing are projects around Bungoma may attract large-scale investments in the county.

6.0 Political Risk Assessment of the CountyIn various parts of Kenya, political processes have at times fuelled conflicts and insecurity. The negative impacts of such conflicts are significant and undermine sustainable development and investment. With the formation of devolved Governments it is important that the County Government of Bungoma addresses the impact of past conflicts and work to prevent future conflicts. In light of this, a brief summary of political trends in Bungoma County is presented below.

Politics in Bungoma has traditionally been dominated by the populous Bukusu community. Since the beginning of multi-party democracy in 1992, the Bukusu have been identified with opposition politics. The presence of major Bukusu figures like the late Michael Wamalwa ‘Kijana’and Hon. Mukhisa Kituyi in the original Forum for Restoration of Democracy (FORD) and its splinter FORD-Kenya fuelled this perception. With the late Wamalwa taking on the leadership of FORD-Kenya from the late Jaramogi Oginga, the political party dominated the area. After the death of Wamalwa and the preceding intra-party troubles, the political party began to decline and the Orange Democratic Movement (ODM) became dominant, thus winning most of the elective seats in general elections of March 2013. It is however worth noting that ODM has had a long-standing rivalry with New Ford Kenya, a party struggling to gain dominance in Western Kenya.

Politics has played a major role in the conflict in Mt. Elgon. The residents of the area recall the commencement of Phase Three of the resettlement plans in Chebyuk, ordered by the former president Daniel Moi as a strategy to win over the Sabaot in the 1997 elections. According to residents, the 2002 election was won on the understanding that the MP elect would put pressure on the Department of Lands to regularize the illegal settlement in the Chebyuk III - hence the political slogan “Nyumba Kwa Nyumba”. Unable to deliver on the promise, enmity surfaced amongst the Soy sub-tribe occupying Chebyuk III, and the then Member of Parliament exploited this disenchantment to rally the people together to dethrone the former MP in the 2007 elections.

In the run up to 2007 general elections, the SLDF militia from different clans targeted politicians and government offices who they perceived as their enemies. Former MP

“The main economicactivity is agriculture

plus input fromlivestock keeping.”


Hon. Serut was defeated in 2007 elections by a hitherto unknown politician, Hon. Kapondi, seen as a defender of the people’s rights to land who was elected whilst in jail over his involvement in the alleged SLDF related crimes. Communities in Mt. Elgon created strong ties between the MP and the SLDF.

In the run up to the 2010 constitutional referendum however, these two rival politicians supported opposing camps, with a resultant political differences leading to the residents of Mt. Elgon to overwhelmingly vote against the draft constitution, citing the placement of their district in Bungoma County jurisdiction and hence the perceived continued marginalization of the people by the Bukusu community. Historically, it is evident that the Sabaot and Bukusu tend to vote different ways. Against this background, it is most likely that political seats will continue to be dominated by candidates of Bukusu ethnic descent.

Voting History in Bungoma:1992: FORD-KENYA

1997: FORD-KENYA

2002: FORD–KENYA/NARC

2007: ODM (Orange Democratic Movement)

2013: NewFORDKenya/FORDKENYA/ODM

N.B: Sabaots have been voting differently.

7.0 Access to Justice and Dispute Resolution MechanismsThere is a High Court and a Magistrate Court in Bungoma to facilitate formal dispute resolution in the county. The challenge in this sector remains the limited number of formal courts of law to sufficiently serve the county and afford citizens reasonable access to justice. On the downside, the level of citizen awareness remains low as regards access to formal justice systems. There is need to bring services closer by improving judicial infrastructures. The use of traditional means of dispute resolution is also under threat as traditions and cultures upon which the mechanism was anchored has transformed in the face of rapid glolobalization. To some extent, the authorities of traditional institutions such as councils of elders have been eroded. Their decisions may not be recognized and enforced by modern state institutions and hence compromising access to justice and rule of law.

8.0 Role of the National Government in Peacebuilding and Conflict Management

The Government of Kenya is committed to the peace processes at the county, regional, national and international levels. This commitment is demonstrated through the ratification of international and regional treaties and protocols on matters of peace and security. The national Government is charged with the responsibility of


coordinating peacebuilding and conflict management programmes and processes - it does this in collaboration with county governments and other stakeholders. The government also engages in addressing cross border issues with other regional actors.

The National Government continues to promote peaceful coexistence in the country through various structures and initiatives. These include establishment of peace committees, relevant independent commissions and tribunals, border committees, facilitation of dialogue, capacity building, training and security deployment among others.

Specifically, the National Government has also mainstreamed peace education in the school curriculum, capacity enhancement, establishment of conflict early warning system, monitoring of hate speech, conflict sensitive media education, alternative dispute resolution (ADR) mechanisms, resettlement programs, disarmament and control of illicit arms.

The national government does this through coordination, consultation, collaboration information-sharing and synergy-building among concerned stakeholders. The peace and conflict profiles provide an opportunity for greater collaboration between the national government and county governments in addressing conflicts and realizing sustainable peace and development across the country.

9.0 Role of County Governments in Peacebuilding and Conflict Management

For a long time, the country experienced uneven distribution of power and resources due to centralized system of governance that has also been blamed for conflicts. To address this challenge, Kenya promulgated a new constitution in 2010 that has devolved decision making and resources to the Counties. Devolution of power and resources is therefore viewed as the most appropriate approach for promoting participation, representation, inclusion and accountability in the country. Due to their close proximity to communities, county governments can now effectively

respond to the needs of the people and consequently enhance peaceful coexistence in the country.

Therefore, the onset of peacebuilding process begins with ensuring representation and inclusion of all stakeholders in decision making and responding to their socio- economic needs. This will help alleviate tensions based on social exclusion, polarization and regional disparities that are often the root causes of conflicts.

While the national government continues to provide policy, technical and financial support to the peace agenda in the country, the county government has a

“County Governments are now increasingly

considered to have a key role in responding to

social economic needsof her population as part of consolidation of peace

and state building and thus alleviate tensions

based on social exclusion, polarization and regional

disparities”


major role to play in supporting peace processes. This will be achieved through integrating peace in the County Integrated Development Plans (CIDPs). The CIDPs should be designed and implemented in a conflict sensitive manner in order to promote inclusiveness, integration and cohesion. The county government should also support the establishment and or strengthening local peace structures including provision of resources to the peace structures. The county should also expedite the establishment of County Policing Authorities (CPA) so as to provide an accountability forum for peace and security in the devolved units. It is increasingly becoming clear that peace is a shared responsibility between the National and County Governments. It should be noted that, promoting a culture of peace is a prerequisite for sustainable development.

9.1 Opportunities for sustainable peace and security

NSC has led national level processes for strengthening peace and security in the country, which are being formalized by the National Peace Policy. It would be important for the County Government of Bungoma to build on these existing initiatives as outlined below:

• Institutionalizationoflocalpeacestructures such as the Sub-county Peace Committee (SCPC), County Peace Forum and County-based Early Warning and Early Response Systems.

• Supportofsmallarmscontrolprocesses through the formation of County Task Forces (CTFs) on small arms.

•InternationalDayofPeace(IDoP): participate in commemorating the IDoP

•PeaceAwards: participate in identifying nominees for the awards.

• OrganizedCriminalGroups: development of approaches for addressing the challenge of organized criminal groups.

• Conflict-Sensitive Planning and Development: Integrating conflict sensitivity in County Strategies and Plans.

• Healing and Reconciliation: Support healing and reconciliation processes including documentation of community peace agreements.

9.2 Recommendation from County Stakeholders

•ResettlementinChebyuk: Peace is a requisite for development to take place.Discontent has dogged the resettlement process in Chebyuk resettlement Scheme since the early 1970s. While the resettlement continues, justice needs to be done to ensure that deserving needy cases benefit. This calls for the inclusion of all community members in the land distribution process.

• Support Sub-County Peace Committees: The County Government have a chance to support the formation of strong SCPCs that are inclusive of all communities in Bungoma County.


• CountyAdministrationshoulddistributeresourcesequitably: The County Administration must ensure that resource distribution is fairly carried out and the minority Sabaot community are equally catered for. This will help in stemming off the feeling of marginalization.

• NationalGovernmentandCountyGovernmentmustensureSecurity:The recent incidents of insecurity in the county need to be addressed immediately. While the government has pledged to conduct investigations on insecurity in various parts of the County, especially after the 2013 general elections’ violence in the county, it is important that County Security Committee works closely with the community to stem out rising incidences of insecurity. Overall, political leaders need to come out more boldly and condemn such atrocities and use their influence and power to restore a peaceful and secure environment for sustainable socio-economic development.

• RevivingPan-PaperMills: The giant Pan-Paper Mills in Webuye closed down due to mismanagement and inefficiency with the resultant effect of over 1,500 people losing their jobs. Constructive discussions and commitment by various players is needed for the revival of the paper mills for economic growth and creation of employment. The company used to contribute about Kshs 6 billion in taxes and could still be a source of increased revenue for the county of Bungoma.

• Strengthening Partnership with Peace and Security Stakeholders. Mt. Elgon District has an active Sub-county Peace Committee that has been constituted from the locational and ward levels. The committee has enjoyed the support of the NSC through UNDP funding. It is further noted that there are numerous youth and women groups in the district, which are good entry points for peace work. There are a number of civil society organizations, most of which are based out of the Sub-county headquarters in Kapsokwony and in Bungoma, Kitale and Eldoret. It is however observed that the vast majority of formal organizations however do not have a presence in Kopsiro and Cheptais that are best placed for targeted intervention. It has also been observed that these organizations have only been undertaking small peace initiatives attributed to the lack of contemporary peace building skills. Some of the CSOs working on peace and security identified during the field consultation include: Mt. Elgon Residents Association; Action Aid Kenya; Transparency Centre; Western Kenya Human Rights Watch; Human rights and peacebuilding; Kopsiro IDPs network; Cheptais Elders Forum; Rehema Kenya; Kenya Oral Literature association; Amani and Mt. Elgon Pastors’ Forum.

The Conflict Analysis Group


Bungoma County Peace Consultative Forum Stakeholders

bungoma county peace and conflict profile

Documents