J U W S BULLETIN T O L N A N M D R E F O R OPERATION FIRIMBI Blow the Whistle Campaign

for JUST LAND REFORM

S R against LAND GRABBING W G E T S O O N I T N P and CORRUPTION in Kenya O D L B R E N A A B G L A N D G R Firimbi Bulletin published by Mazingira Institute PO Box 14550 Nairobi 00800 R A B B E D Tel: 254 20 4443219/26/29, Fax: 254 20 4444643 E-mail [email protected], Website: www.mazinst.org Issue No. 38 April 2014

Taita Taveta County: A history of land based confl icts

Background to Taita Taveta Historical context of land-based confl icts in Taita Taveta County County aita Taveta County is one of the most beautiful and naturally well endowed areas Tof Kenya. Home to the humungous Tsavo National Park (East and West) it provides a natural habitat for the lions, elephants, rhinos, buffaloes, giraffes, zebras, antelopes and numerous other species of wild fauna. The county also boasts 48 forests in Taita Taveta, of which 28 are gazetted and are under government protection and management. The Taita Hills forest has a unique biodiversity with 13 taxa of plants and 9 taxa of animals found only in the Taita Hills and nowhere else in the world. Even though it is on the other side of the border, Mount Kilimanjaro dominates the landscape as do a number of hills, rivers and lakes (Chala and Jipe). The famous Mzima Springs is also found in this county. Little wonder then, that hundreds of thousands of foreign and local tourists fl ock to Taita Taveta County every year.

But this very tourist attraction which pours millions One of the huge sisal estates in Taita Taveta. of dollars and euros into the national coffers is a blight and curse to the people who live and work in Taita Taveta County. The following excerpt from a pamphlet produced which have been targeted currently, and being by the Taita Taveta Professionals Forum in 2008 promoted as a disease free zone, to fatten In the fi rst place, Tsavo East and West National paints a vivid picture: steers for export markets. The district produces Parks take up almost 65% of the total land mass 35,000 cubic meters of water from Mzima in the county. Another chunks is gobbled up the Taita-Taveta is one of the richest districts in Springs per day which sustains the tourism three huge sisal estates (Teita, Voi and Taveta), 26 the country in terms of land and land based industry in Coast circuit; yet it remains almost ranches and private land appropriated by politically resources, an integral component of Tsavo completely excluded from the tourism chain. well connected elites with origins outside the economic system which accommodates Completely surrounded by the two national county and even outside the country-like the more than half of the country’s population parks and ranches which collectively constitute Kenyatta and Criticos families. Taita Taveta is one of elephants. In 2006 Tsavo East and West 86 peer cent of the districts land mass, Taita of most densely populated areas of Kenya-in some National Parks maintained their lead by Hills are unique in that they sit on very old areas going up to 800 people per square kilometre. earning the Kenya Wildlife Services KShs 465 igneous rock whose origin date as far back as million. There are twenty-six ranches which 180 to 290 million years on the geological time Even though Voi and Wundanyi are larger towns form a migration corridor for wildlife between scale. Hence the hills are so rich in crystalline in Taita Taveta, it is Mwatate which provides the Tsavo East and West National Parks; present gemstones including Rubies (reds), Garnets county capital. one of the largest grazing belts in the country Continued on page 2 Continued on page 3

OPERATION FIRIMBI Bulletin MarchApril 2012 2014 1 Procedure and Rules; Implementation; Delegated County Legislation; Administration; Speaker’s Panel and Powers and Privileges.

In addition, the Taita Taveta County Assembly has Sectoral Committees on: Agriculture and Livestock; Water and Irrigation; Education and Early Childhood; Environment and Natural Resources; Transport and Public Works; Justice and Administration of Law and Ethics; Tourism; Labour and Manpower/Social Welfare; and Health Services.

It is important to point out that the name Taita Taveta is somewhat of a misnomer. The people are called the Wadawida and Watuweta respectively, and not the colonial and racist corruption of the local indigenous names. Apart from these two communities, the county is also home to a number of diverse ethnic groups like the Pare, Maasai, Luo, Agikuyu and Kamba who are so dominant in terms of their numbers that they provide the swing vote in the region during local and national elections.

Some of the famous sons and daughters of Taita Map of Taita Taveta County, from a Society for International Development report. Taveta include the politicians Mashengu wa Mwachofi and Mwandawiro Mghanga; the banker Jacinta Mwatela; the thespians Mshai Mwangola The Governor is John Mruttu (ODM); the Senator is Dan Mwazo (ODM) while (ODM) Joyce Lay is and Mkawasi Mcharo; the civil society icons Women’s Representative for Taita Taveta County. Naomi Shabaan (TNA) represents Taveta Constituency Kivutha Kibwana (currently serving as Makueni in the National Assembly while Thomas Mwadegu (ODM) serves the people of Wundanyi and Andrew Governor) and Morris Odhiambo and the legendary Mwadime (ODM) was elected member for Mwatate respectively in the same legislative body. musicians Fadhili Williams (of Malaika fame), Habel Kifoto of Maroon Commandos and Freshley There are 20 ward representatives in the Taita Taveta County. Mwamburi (who composed the ever green Stella The following people were elected on March 4 2013 as county ward representatives: Ahmed Omar (Kaloleni, classic). Voi, ODM);Baridi Cromwel Mwarigha (Mwanda/Mgange,Wundanyi,ODM);Juma Abraham Mwambonu (Kasigau,Voi, ODM),Maganga Liverson Mwazala (Wumingu, Wundanyi,TNA); Masaga Crispus Land, and the associated historical injustices Metinyoki (Bomani,Taveta, ODM); Maskuji Johnes Fundi (Mboghoni,Taveta,TNA) Mndwapimisha around land ownership, access and use remain the Frumence (Bura,MwatateODM);Mulwa Judah Kilonzo (Chala,Taveta,SDP); Mwakanyanga Frank most politically volatile issues and the root of the Kichoi (Chawia,Mwatate, ODM); Mwamba Justine Juma (Wusi/Kishamba,Mwatate, SDP); Mwambi major confl icts in Taita Taveta County. Godfrey Fundi (Mbololo,Voi,ODM); Mwamodo Godwin Kilele (Sagalia,Voi,TNA); Mwangi Paul Waweru (Marungu,Voi,URP); Mwangola Raymond Joel (Wundanyi,Wundanyi,ODM);Mwarabu As we will see in the rest of this special issue of the Arresmus Kajeni (Mwatate,Mwatate,ODM);Nganga Harris Keke (Ronge,Mwatate,ODM); Sagurani Firimbi Bulletin, the manner in which the complex Ronald Habel (Mahoo,Taveta,TNA);Solomon Jones Muganga (Ngolia, Voi,ODM);Tiges Reuben land-based challenges are grappled with in Taita Kipampi (Mata,Taveta,RBK);Tuja Jason Mwamodenyi (Werugha,Wundanyi,ODM). Taveta County will provide an important litmus test and bench mark for entire Kenya. The County Speaker is Meshak Maghanga while Jones Mganga from Ngolia Ward is the Majority Leader. The committees in the County Assembly include the following Standing/Select Committees: Business (Sessional); Selection; Appointments; Budget and Appropriations; Public Investments and Accounts;

The beauty of the county is breathtaking.

2 OPERATION FIRIMBI Bulletin MarchApril 2012 2014 (greens) and Sapphires (blues). Taita Hills families own almost the whole of the district. were created in the district, like in other places have a rich biodiversity of more than 2,000 Invasions and forceful occupations of the lands of the country to safeguard the land rights species out of which 30 per cent are endemic by the poor peasants and squatters and the of the local communities. Today, however, to the area. Despite being so rich in terms of ensuing evictions, arrests, imprisonments and ranches in Taita District that include Kishushe, natural resources, Taita-Taveta is on record as violence from the owners, police and public Oza, Mugweno, Kasighau, Saghala, Lwalenyi being one of the poorest the country with most administration occur more often than not in benefi t only a small group of individuals of its population entirely dependent on rain-fed Taveta. As a consequence of the struggle for the who now regard them as private property. agriculture whose production has declined by land, in 2006 the Kenyatta family was forced Furthermore, the “owners” of the ranches who a factor of two over the last couple of years as to surrender 10,000 acres of land that is in the perpetuate themselves at the positions, with the a result of land degradation, unprecedented process of being distributed to the people. The help of Taita Taveta County Council and the droughts and destruction of crops by wildlife. government forcefully acquired 15 per cent district administration, enter into agreements In terms of human resources Taita-Taveta of land of Criticos after he was unable to pay with investors who establish tourist hotels and has some of the best professional and skilled the loan of National Bank of Kenya. This land animal sanctuaries in the area without the personnel of both national and international is earmarked for settlement of squatters. At participation of the members of the ranches repute.1 the same time, the government is planning to and the communities concerned. In those forcefully acquire another 7,000 acres of land agreements it is only the leaders, offi cers of the Mwandawiro Mghanga reinforced and amplifi ed from Criticos for also settling squatters as he has district administration and the County Council the above perspectives in the course of conducting also been unable to pay the loan from another at Wundanyi who gain from the sell or leases fi eld research for his fascinating study Usiboziba government parastatal, Agricultural Finance of the community lands while the community Ufa, Utajenga Ukuta in 2009. He narrates: Corporation (AFC). Criticos claims that his looses grazing and farming rights on their rights are being violated as he is a “white” ancestral lands. The observations made during my extensive Kenyan16. In the meantime, the squatters and travel in the Taita and Taveta Districts and poor peasants continue to demand access to Thus confl icts between the investors, leaders the formal and informal interviews held with and ownership of more land claimed by the two of the ranches and the government based at many people revealed a plethora of complex rich families, most of which is idle. The land Wundanyitake place all the time. The people of existing and potential confl icts. It is all about problem in Taveta is yet to be resolved. The Chawia, Bura and Mrughua are in perpetual daily struggles, bitterness, frustrations and the local people blame the district administration confl ict with the owners of Taita Hills and crying of the poor and marginalised. Simmering that is dominated by people from outside the Salt Lick hotels and animal sanctuaries that confl icts over land and land resources district and who are for that reason insensitive were allocated several square kilometres of throughout the district day and night form to their plight. At Mwatate the confl ict between land with hardly any benefi ts accruing to the inactive volcanoes of confl icts that threaten the Wadawida, particularly the people of communities despite millions worth that are to erupt into violence any time. In fact, most Singila and Majengo on the one hand and Taita made from the land every year. At the same time, participants in the research preferred to dwell Sisal Estate belonging to a family with Greek the hotels and sanctuaries keep on expanding on the subject of existing and potential confl icts, origins, Kryiaz, on the other hand, has been their boundaries into neighbouring community i.e., informing me about their daily problems, there for a long time. The people of the area lands. struggles, hopes and frustrations based on the have always struggled for what they regard as Despite protests from the Oza Community, reality of the history and political economy of their ancestral land which has been grabbed leaders of Oza ranch allocated several square the area. Many a time my research produced by the estate while they have been rendered kilometres of land to Lumo Animal Sanctuary. expectations that it would lead to solutions to squatters. At Voi, similar confl icts exist between The people of Mwakitau have hitherto not the problems and confl icts around land and the poor, who are mostly squatters, and the Voi benefi ted from the sanctuary. They have only land resources. For example, during the course Sisal Estate and large land owners such as been fenced out and lost grazing land. of the research, and following the request of Eliud Mwamunga. In the course of struggle the people of Majengo-Singila, I participated for land, the poor are subjected to violence, There have been violent confl icts between in organising the meeting of 7th June at intimidation, humiliation and violations of the people of Kishushe with one Marcos who Mwatate Town where the Kenya Human Rights their human, citizen and cultural rights from started the animal sanctuary at Wanjala after Commission and Kenya National Commission the rich land owners and the government that having been allocated thousands of acres of on Human Rights were also participants. On more often then not is used against the majority land by the leaders of Kishushe Ranch, Taita the request of the people, I invited the Minister of the people. - Taveta County Council and the district for Lands and Settlement who acknowledged administration. The investor would abuse the receipt of the invitation and promised to visit Confl icts between small-scale miners on one local people, shoot at and confi scate their the area at a later date. During the meeting, hand and large scale-miners on the other is dogs, goats, sheep and cattle that entered the people of Majengo-Singila articulated their the order of the day at Kasighau, Chungaunga, what he regarded as his private property. As plight and struggle for the right to their land Kamtonga, Mwachabo, Alia and all parts of the a consequence of demonstrations and threats grabbed from them by Taita Sisal Estate. The lower zones of Taita where mining is a major from the youths of the area, Marcos moved to meeting also heard about shocking revelations economic activity. The rich, most of whom Mwakitau where, in another controversial deal, of the conditions of the workers of Taita Sisal hail from outside the districts. In saying this he was allocated another piece of land by the Estate and the gross violations of human rights he is justifi ed in a way, for the area MP seems leaders of Oza Ranch without the participation that are akin to slavery. to concentrate more on demanding land from of the Oza Community composed of people from Criticos than from the Kenyatta family which is Mwanda, Mgange, Msorongoghwa Mfu, Kwa In Taita and Taveta Districts, confl icts between as large, if not larger, than Criticos’ land.2 Mnengwa and Mwakitau. This has resulted in poor peasants struggling for more land and bitter confl ict between the people of the area on squatters demanding access to and land rights Mwandawiro talks about confl ict various Dawida one hand and one Marcos, owners of the ranch is part and parcel of daily life. It is estimated clans; stand offs between the Watuweta and and the district administration on the other. that over 70 per cent of Taveta District, that Wadawida over the district boundaries; tensions And while this is going on, one Morgan has became a district only in 2008, belongs to the between local citizens and the government; the taken over from Marcos the hotel and animal Kenyatta family and to Basil Criticos, a Kenyan impact of oppressive laws. He also goes into some sanctuary at Wanjala in Kishushe where the of Greek origin who is a former MP for Taveta. detail about confl agrations involving the tycoon confl ict has not abated. The people of Taveta claim that the lands were investors: historically unjustly acquired and therefore It is distressing to realise that while the they have ancestral rights to access and Community land neighbouring Tsavo East government protects the interests of investors ownership of them. In any case, they question and West National Parks has a high value as and conmen, they expect the local people to whether there can be justice when only two it attracts investors in tourism. Group ranches remain peaceful even while their land is slowly

1 but surely being alienated from them to benefi t Cited by Mwandawiro in his study. 3 2 Mwandawiro Mghanga, Usipoziba Ufa Utajenga Ukuta: Land, elections, and confl icts in Kenya’s Coast Province, a few local and foreign individuals. Heinrich Böll Foundation, Nairobi, 2010. 3 Ibid. Continued on page 4

OPERATION FIRIMBI Bulletin MarchApril 20142012 3 Given the looming dominance of the Tsavo “develop” the Kilimanjaro hinterland. He offered to compensate the affected Wadawida National Park it is hardly surprising to learn about thus encouraged leading colonial farmers, and Watuweta, but this was not done. Instead wildlife/human confl icts: such as Morris Egerton and John Ramsden, the CMS facilitated alienation of land. This to plan large scale irrigation farming in the was in contravention of the Crown Land 10,539 square kilometres of the Taita and region. Conrad Walsh, known as the sisal Ordinance of 1902, Section 30 which declared Taveta Districts is occupied by Tsavo East and king of Tanganyika and special advisor to that all land belonged to the British Imperial Tsavo West National Parks. The national parks the investors, propelled sisal farming to new Government. This is because late in 1906, the are endowed with one of the richest diversity heights with plantation soon spreading over land was transferred to East Africa Industries of wild animals in the world that includes the former Taveta bush lands. Ltd (hereafter EAI), a company formed in 1904 all the “big fi ve” – elephants, lions, giraffes, by Victor Buxton. The alienation of this land rhinos and buffaloes. But while the national Some of the main operating sisal estates in caused a lot of resentment among the Taita in parks attract thousands of tourists every year the County include: Teita Sisal Estate owned Wundanyi, refl ected by demonstrations held who bring billions of shillings to the country, by Kryiaz family of Greek origin, Voi Sisal by the locals, during the day. These took place the residents of the districts hardly benefi t Estate owned by an Asian investor and Taveta mainly on the day they were expected to go from the tourism. The local people feel that Sisal Estate owned by former Taveta MP, Basil for worship. They would abandon the church their ancestral land has been taken away from Criticos .The Teita Sisal Estate is one of the service in protest with their tools for tilling the them and set aside as national parks leading largest sisal estates in the world. It is located land in their hands, such as hoes together with to a situation in which the government regards near Mwatate town. rungus. Other lands alienated include land for wild animals and the tourist industry as more the Wusi Mission (CMS), Mbale Mission (CMS) important than them. The company is not only engaged in growing and some 90 acres bought by Rev. Verbi. sisal, but also manufactures sisal products The people of the districts always demand such as ropes, sacks, and baling twine, at its According to James Njogu, the land transferred for a certain percentage of the revenue from manufacturing facility in Nairobi. The Voi from IMAS to EIA, situated in the middle of the national parks to be set aside for the Sisal Estate is located near the township of the Native Reserve, was later sold in 1916 to development of the area. But in spite of promises Voi. In addition to growing sisal, it specializes a company called Wundanyi Ltd. Purchaser from the government and successive presidents, in production of sisal fi ber and farming of and seller had the same address in London’. this demand has not been met. pineapples. This showed that there was no transfer of the company done to someone else, but it was Hunting was part of the traditional source of The Taveta Sisal Estate is located in Taveta an attempt to conceal ownership to avoid livelihood of the Wadawida. The hunting was town. The farms employ thousands of resistance from the locals. Wundanyi Ltd leased done selectively to conserve the wildlife while employees. the land in 1922 to Major Drury for ten years. meeting the protein needs of the people. While He had direct confl icts with the Wadawida and hunting has been banned today, poaching by The sisal estates provided a source of income Watuweta, as he was accused of evicting some the people who are so poor that they cannot for the many employees hired by the fi rms yet of them and uprooting their crop. In return, afford to buy meat from butcheries continues. it appears that land confl icts fi rst emerged they resisted and claimed compensation as well In the name of fi ghting poaching, KWS warders before independence. Squatting in the County as engaging in intense confl ict. They attacked arbitrarily arrest, beat, torture and violate the can be traced back as early as 1892 when the Major Drury over the alienation of their land. human rights of the residents of the district Catholic Holy Ghost Fathers Missionaries with impunity. Yet game meat is sold to tourists arrived in Taita. They established the Bura The alienation of land for the establishment and the rich in hotels and camps at the animal Mission on 1,000 acres alienated in Bura from of sisal estates for example the Kedai Sisal sanctuaries and national parks and in excusive the Wadawida and Watuweta. The Catholics Estate in 1920 appeared to have created less hotels in the country.4 believed in both religious enlightenment and confl ict with the Wadawida and Watuweta, as vocational training (material wellbeing). it was on a drier side of Dabida hill. However, Ednah Verity Mwandoe-Kang’ee earned an They alienated land for building their centres a major source of confl ict was the diversion MA in Armed Confl ict and Peace Studies from and for other uses, particularly agriculture. of water pipes to the Sisal Estate instead of the University Of Nairobi’s department of history There was resentment by the inhabitants the area settled by the people. According to and archaeology by doing extensive research on over the alienation of this land. Confl ict one informant, the youth and men engaged in the land based historical injustices in Taita Taveta emerged between them and the missionaries. physical fi ghting with the Sisal Estate workers. County. Her dissertation was titled, Land Confl icts For example, one respondent Mzee Ayubu They attempted to destroy the water pipes in Taita Taveta, 1963-2010. She provides a very reiterated that the Wadawida and Watuweta supplying water to the Estate one morning useful insight into the origins of the huge estates in had refused to vacate the area, demanding their after a leading social activist blew a whistle the county: rights on the land. Meetings were organised calling upon them to come out of their homes at night to battle with the missionaries. They and fi ght for water. This went on and off for Sisal farming is a leading commercial enterprise would sharpen their arrows during the day in a period of three weeks when the Sisal Estate in Taita Taveta. the forests in readiness to attack at night. This owners engaged heavy security to guard the It was started by colonial settler, Ewart Grogan, was because the missionaries had guns, and area with guns which scared some of the youth who in the early 1920s began to convert what the locals were scared for their lives, after the and men most of whom had sustained injuries. was then seen as waste land into a productive death of their hero, powerful soldier and chief agricultural region. However, sisal farming as known as Mwangeka wa Malowa. However, the Taita Concessions Limited, which engaged a method of land use confl icted with subsistence displaced people moved to the lower parts of in sisal farming in Voi and south of Mwatate, farming and herding of cattle by local people Bura where they grew sugar cane for denge104. began its operations in 1927 with leased land of and depleted the grass upon which they had This beer was used in land transactions. For about 36,184 acres from the government. The earlier grazed. Sisal farming blossomed largely example, as explained by one informant, the company displaced the Taita people who had because of the high demand for the ‘white gold’ beer was used as a form of payment, before settled in Mwatate. The Kasigau people who as the processed sisal was then known during permission was granted for cultivation on a had settled there were moved back to Kasigau. the First and Second World Wars. piece of land belonging to one’s neighbours. The establishment of the Voi Sisal Estate also led to displacement of local cultivators The raw material used for making gunny bags, In 1903, the Industrial Mission Aid Society though the company attempted to secure land cordage, and other heavy duty fabrics, was (hereafter IMAS) of Church Missionary Society near Voi River. The local cultivators resisted needed in huge volumes to sustain the war (hereafter CMS) alienated an even larger eviction and fought to secure their livelihoods. effort. Thus large scale sisal production in parcel of land, amounting to 1,288 acres, However, owners of the sisal estate used force Taita Taveta placed the region on the world for establishing the Wundanyi Mission in the and frightened the people away with guns.5 map. Ewart Grogan was very determined to hills. Bishop Peel, acting as Director of IMAS,

4 Mwandawiro Mghanga, Usipoziba Ufa Utajenga Ukuta: Land, elections, and confl icts in Kenya’s Coast Province, Heinrich Böll Foundation, Nairobi, 2010. 5 Ednah Verity Mwandoe-Kang’ee, Land Confl icts in Taita Taveta, 1963-2010.

4 OPERATION FIRIMBI Bulletin MarchApril 2012 2014 The failure of the Lake Jipe Settlement Scheme

Lake Jipe.

ashengu wa Mwachofi , the legendary Settlement Scheme submitted on September 12, other person. reformer and radical democrat who rep- 2008, Mashengu observes: • Those who went of their own to the PC were Mresented Wundanyi Constituency in the Selection criteria were ignored and thus intended referred to the minister for lands, then Katana National Assembly for many years, wears a num- benefi ciaries were replaced with those favoured Ngala, who they were never allowed to see. ber of hats. He is widely recognized as an expert on by those who wielded power over everyone; so • Most are still ‘squatting’ on their on the parcels the land question in Taita Taveta. He studied soci- as a result: where they were born and brought up, i.e. on ology at the University of Nairobi. He earned two land that has been allocated to ‘reluctant’ al- degrees including his Masters based on a meticu- • Benefi ciaries from outside Taita-Taveta district lottees. lous study of confl icts around land ownership, use appear to exceed their 40% share; Yet these were the most deserving cases with all and the ensuing contradictory dynamics within the • There are many names of benefi ciaries who are the basic qualifi cations of: being poor, landless wider Taita Taveta polity. Given this pedigree and neither poor nor landless; and squatters. given his impeccable academic and social justice • Members of the DLSC and senior government A fi nal excerpt from Mwachofi ’s report to the credentials, it was hardly surprising for the Kenya offi cials appear among the benefi ciaries; Kenya Land Alliance will suffi ce: Land Alliance to engage Mr. Mwachofi to evaluate • Some of the members of the DLSC got more The Lake Jipe Settlement Scheme has not the effi cacy and impact of the Lake Jipe Settlement than one plot! achieved its goal of providing land to the intend- Scheme in Taveta sub-county. ed recipients thereby enabling them to increase It is obvious that there were several exemp- their food production and raising their incomes His brief was to: tions made to the rules governing the selec- so that they defeat poverty and live in better con- 1) Identifying the settlement scheme in terms tion of benefi ciaries, a violation of Settlement ditions than before the settlement was formed. As of its location, acreage, and detailed history policy and law! The ratio was not followed explained only 2 % of the allottees have occu- in cluding its date of establishment; and the criteria for selection were violated! pied the land they were allocated (built houses, 2) Collecting and collating secondary infor- Thus even where rules exist, they are fl outed farmed their land and are producing anything. mation on the settlement scheme regarding in the interests of the few power wielders.1 Only a handful of the pre- Lake Jipe Settlement intended benefi ciaries, status and other pri- Scheme squatters are still resident and continue mary documented and undocumented infor- Like respondents to the survey interviews, key in their pre Lake Jipe Settlement Scheme activi- mation concerning the scheme; informants confi rmed that whereas none of the ties. Similarly the Maasai herders are still using 3) Establishing the initial benefi ciaries/persons DLSC members qualifi ed for allocation (none the land to graze their livestock in the traditional for whom the scheme was set up; was landless, poor or a squatter) virtually all way. The most conspicuous elements are the so 4) Establishing the actual benefi ciaries/per- these members led by their chairperson the DO1 called invaders from Mkaa location of Makueni sons who were actually allocated land in the and their virtual boss the DC became the great- district. They occupy most of the land. They dis- scheme, and the parcels of land held and est benefi ciaries. Each received a minimum of covered that the legal land owners are not in a establish whether benefi ciaries have docu- four plots, one in their own name and others in hurry to occupy it. They judged themselves as be- ments confi rming their ownership; the names of their spouses and offspring. Some ing more needy of land than the so called legal 5) Analysing the variance between the actual of these allegations were also corroborated by owners and so they literally grabbed it, divided it and intended benefi ciaries and the intended those who in spite of their qualifi cations as poor, among themselves and began to work on it. individual landholding and actual land sizes landless and squatters, were excluded from the of the scheme and in cases of change of user/ allocations. The heaven expected to emerge from the Lake owner since the establishment of the scheme Jipe Settlement Scheme has not been realised for to capture the information; He further notes: a decade now in spite of all the money that has 6) Establishing whether there are persons dis- • The 54 individuals (pre-LJSS squatters) were continued to be spent in the scheme! Is the expen- placed from the scheme and providing their wrongly excluded from the allocations. diture worth the effort? Is it any better in other disaggregated data by gender and ethnicity • Those of these displaced persons who pleaded settlement schemes or are the other schemes dif- as well as farm sizes; with the DC through their then MP were fi nally ferent and better? These are important questions allocated land, but away from their ‘developed’ to be answered fully to enable us address the ul- In his Report of the Assessment of Lake Jipe plots, most of them in co-ownership with an- timate question of what is to be done to correct the situation in LJSS and in all such other cases. 1 Mashengu wa Mwachofi , Report of the Assessment of Lake Jipe Settlement Scheme.

2 Ibid.

3 Ibid.

OPERATION FIRIMBI Bulletin MarchApril 2012 2014 5 Mining and minerals in Taita Taveta

eologically located within the Mozambique Belt, Taita-Taveta County is endowed with Gone of the richest minerals deposits in East Africa. These include industrial minerals like iron- ore found in Kishushe, Mwandongo, Shelemba, Mwambirwa, Kasighau,Kamtonga, Daku, Oza; de- posits in Rong’e Nyika, Wundanyi, Mugeno, Mgama, Lwaklenyi; graphite present in Nyache, Wanganga, Choke, Mgeno, Lwalenyi, Mgama and Mindi Hill; kyanite deposits in Mogho, Nyache, Mwatate and Mgeno; asbestos in Sangenyi; chrome in Kamtonga and Chungaunga; potassium feldspar, hornblende, diopside, apatite and magnentite in Kamtonga as well as vanadium grossularite, marble and quartz feldspar in the Mwatate area. The gemstones found in abun- dance in Taita Taveta County include greens (garnet, tourmaline, tsavorite,chrome, medium, scope-light, khaki) found in Kishushe, Mkuki, Ngongoni, Mgeno, Dari, Kuranze, Tsavo West, Lwalenyi, Tsavo East, Kamtonga, Mwakitau (Fumba hill), Shagha and Sangenyi; rubies (spinal, maziwa,corundum,nut) found in Kishushe, Ngongoni, Mangare, Kuranze, Tsavo West, Tsavo East, Misasanyi and Lwalenyi; reds (garnet,malaya, mapande, gololi) deposited in Ngulu, Werugha,Sangenyi, Bura, Mwatate and Wadawida, the Gikuyu, Meru, Kamba, Somali and other ethnic groups who eke out a living through min- Kamtonga; blues (sapphire,marble, sky, kaynut, ing, collecting, buying and selling gemstones stones in the area. The poor small-scale miners labour for tourmaline, lolite) in Kishushe, Kuranze, Kajire months -even years -to prospect for the minerals. But they are violently evicted from the mines by powerful Saghala, Mkuki, Kamtonga and Kilili; yellows and well connected large-scale prospectors, miners and traders who claim legal ownership of the land with (garnet, quartz, golden, tourmaline, asali, savanna) the help of the corrupt district administration offi cers as soon as the locals discover the mineral resources. found in Kishushe, Ngongoni, Chungaunga, Alia Residences around mining areas have always complained that violation of human rights by the police and and Lwalenyi; rhodlite (spirit, pink sapphire) in the rich and powerful miners, including arbitrary arrests, torture, imprisonment, murder and all manner of Kuranze, Mgongoni,Mgeno Ranch, Kishushe, and humiliations of the local people and the small-scale miners, is the order of the day at Kishushe, Mwachabo, Bungule; emeralds in Mkuki and Kuranze; blacks Chungaunga, Kamtonga, Kasighau and throughout the mining areas.2 (ibon, tourmaline, garnet in Mwachabo; colourless crystals (tanzanite, water) in Mwairimba, Snake Who are the large scale miners in Taita Taveta County? Hill, Buguta,Kuranze, Kasighau and Mgongoni; purple amethyst in Saghala, Irizi, Mwachawaza Mwandawiro reveals: and Kishushe; chawia(crystal beryl, green,yellow) There are several large-scale gemstone mines in Taita-Taveta County while hitherto there is only one in Chawia, Kamtonga and Dembwa and colourless large-scale iron-ore mine that is at Wanjala in Kishushe and is owned by Kaburu Sanghani/Wanjala Mines quartz deposits in Starehe Kamili (Mwashuma) and which has been provided with consent by the Oza Ranch community to start producing iron-ore in the land Alia. of the people Mgange and Mwanda. Devki Steel Mills, an iron smelting industrial company based in Athi River recently signed a 99 year old lease with Mbulia Group Ranch in Tausa involving 300 acres of land to But the Dawida and Tuweta and other Kenyan com- build an iron smelting mill. The mill will obtain iron-ore mostly from neighbouring Kishushe. The project munities living and working in Taita Taveta County will cost 36 billion shillings when it is completed. The large-scale mines in Taita-Taveta involve millions have hardly benefi ted from this mineral wealth. of shillings of investments. A lot of machinery is employed in the mines which use sophisticated methods of production and that have the capacity of moving huge amounts of earth per day. Large-scale mines employ According to Mwandawiro Mghanga, who carried many workers (usually over sixty) doing various mining activities and who are highly organised under a out an extensive fi eld research into the issue of min- specifi c management. In large-scale mines, workers live in camps that are fenced and are heavily guarded ing and minerals in Taita Taveta County between day and nights. For the mining activities in the camps especially in relation to the quantity and quality of June and December 2010: production and also the conditions of workers is highly secretive. Taxation by the government is therefore Confl icts over land and mineral resources is diffi cult. Compared to small-scale miners, large scale miners produce a lot of minerals. They have large the order of the day at Kasighau, Chungaunga, pieces of land and many times numerous claims where they do the mining or mineral speculation. In this Kamtonga, Mwachabo, Alia, Kishushe and other way they seek to monopolise mining in the area. Large-scale miners have benefi ted from mining. Many parts of Taita -Taveta, especially the lower zones, of them have invested their money in Voi, Nairobi and elsewhere. They have a lot of knowledge about the where mining is a major economic activity. Wealthy national and international markets of minerals. They also have access to local and foreign markets. They and politically-connected individuals, mainly from mainly sell their minerals abroad, and control the price of gemstones in Kenya.3 outside the county, have a stranglehold of the in- dustry; they acquire the right to prospect for min- He lists the following by name and ownership. First is the outfi t owned by a prominent politician: erals in the area from the administrative centres of Rockland Company Limited deals with mining and marketing of gemstones. Its head offi ces are in Nairobi Nairobi, Mombasa and the area district headquar- but the company has also large operation offi ces at Mangare in Kasighau, Taita -Taveta. Johnstone Ndunya ters at Wundanyi often without the participation Muthama, the current Senator for Machakos is one of the directors of the company with controlling shares. of the communities – the custodians and owners The other directors have been a lady from Thailand called Cecilia Cheh, a person of Jewish extraction of the of the land where the minerals are found. called Harnox, a German national called Paul Wild and a Greek who died called Yason. Rockland Kenya Armed with the licenses, they proceed to map out, Limited owns a large gemstone mine at Mangare in Kasighau. It deals mainly with mining of rubies. The peg and fence the chunks of land belonging to the head offi ces of the company in Nairobi are in charge of budgeting and coordination of the mining opera- local people. This not only excludes the locals from tions in Taita-Taveta. There is also a general manager based in Nairobi who is in charge of all the compa- their ancestral lands , it also displaces various cat- nies owned or controlled by Muthama. These include Muthama Gemstones Kenya Limited and Muthama egories of small-scale local miners composed of

1 The Wealth In The Underground That Is Elusive To Local Communities: Minerals and Mining in Taita-Taveta County, Prospects and Problems, Mwandawiro Mghanga , Heinrich Böll Foundation, Nairobi, Kenya 2010. 2 Ibid.

3 Ibid. Continued on page 7

6 OPERATION FIRIMBI Bulletin MarchApril 2012 2014 EPZ Limited. Muthama Gemstones deals with buying, sorting, grading and selling of gemstones while Muthama EPZ deals with polishing of the gemstones. The general manager at the mine in Kasighau is in charge of all the operations of the mine and administration of all the workers. The Rockland mine in Mangare, Kasighau, is within Tsavo West National Park. There is a large fenced camp of about ten acres. Inside the camp are many houses, offi ces, garages, fenced camping area, and fenced mining area. There are many machines in the camp and mining areas. These include excava- tors, backhoes (small tractors), bulldozers, drilling machines, lories, water buzzers, land rovers, and pickups. The camp is highly guarded and cannot be accessed without permission from the management of the mine. The mine camp is guarded day and night. There are security guards at all gets. Coming in and out of the mine involves being thoroughly searched by the security guards. Security guards walk throughout the camp and look after all op- erations in the mine. There used to be an Israelite in charge of security who used to earn over 3,000 US dollars per month. Rockland employs about road from Kishushe shopping centre. Then one 260 workers who live in the camp. The categories Mining Company was closed for sometime and leaves Kishushe-Mwakitau road to travel towards of workers include sweepers, cooks, a nurse at the nine demonstrators were arrested and are facing west-south along the road that has been improved 5 clinic in the camp, offi ce workers, mechanics, driv- prosecution in the magistrates court at Wundanyi. by the company and that is used by Sanghani lor- ers, machine operators, miners, sorters, supervi- ries to transport the iron-ore from the mine. The sors, an accounts clerk who also pays salaries and One cannot talk about mining in Taita Taveta County camp is large and is surrounded with fence with general manager. Security workers are among the without mentioning the vast interests of the Kenyatta gates. The gates are manned by watchmen who largest employees in the camp. Activities akin to family: are instructed not to allow unauthorised visitors those of a bee-hive take place in the mine everyday. The family of the founder president of Kenya, into the camp. Several mines are within the camp. The workers of the mine earn an average minimum Jomo Kenyatta, has held many mining interests Inside the camp there are several mines, heaps of wage of about 7,000 shillings per month and work in Taita-Taveta since the 1960s soon after Kenya stones of iron-ore, ‘hills’ of the crushed ore and for eight hours a day for fi ve days per week. The became independent. The family is one of the larg- many types of machines. The are many tin houses salaries are paid in time. Most of the salaries apart est land owners in the County, which land was in the camp that are workers’ dormitories. During from that of the manager are out of the tax bracket. acquired through the infl uence and power of the the time we were at the mining camp there were The workers are provided with food mainly ugali Kenyatta presidency. Beth Mugo, who is a fi rst about sixty workers doing all types of mining ac- with beans and vegetables and meat two times per cousin of President Uhuru Kenyatta and a nomi- tivities, mostly digging and carrying iron-ore. week. They are also given tea without milk. The nated Senator, owns a mine at Kasighau called workers live in dormitories with eight persons Aqua Mining Gemstones. Mugo is rich and has Devki Steel Mills has signed agreements to es- sharing a unit of shelter. The workers are entitled many investments in Kenya that include an exclu- tablish a steel plant at Mbulia near Kishushe. The to annual leave. There is a clinic with a nurse for sive housing estate in Nairobi and that of selling company had to move to Mbulia Group Ranch as the sick.4 gemstone products. Her relatives, Pius Kibathi, the people of Kishushe and Kishushe Group Ranch Mama Mbezi, Moses and company, have also been refused to grant the company land without clear Then there is the corporate entity set up by a for- involved in large-scale gemstone production in assurance about how the local community will mer member of parliament and cabinet minister from Taita-Taveta in the area for many years. Partly due benefi t. However, they will source the iron-ore for Taita Taveta County itself: to ownership of massive amounts of land and land the steel plant that will be constructed in Mbulia Wanjala Mining Company Limited resources, including minerals in Taita-Taveta, the from Kishushe. Besides Mbulia is near Mzima The fi rst person to engage in iron-ore mining at immediate and extended family of Kenyatta is one Springs where plenty of water can be supplied from Wanjala, Kishushe, was Dawson Mwanyumba with of the richest in Kenya and the East African re- and also near Mombasa highway and the railway 6 Taita Iron-ore Company. Mwanyumba was the fi rst gion. line to Mombasa Port which also connects with Member of Parliament for Wundanyi and the then Nairobi and the east and central African region, Minister for Works. Wanjala Mining Company The infamous face of Goldenberg notoriety is not to Sudan and Ethiopia. Limited with Mahmood -a Kenyan of Indian ori- be left out: gin -as the managing director, started mining iron- Kamlesh Pattni has exclusive rights of mining in a There is always confl ict between the people of ore at Wanjala in the early 1980s. The company large area of Tsavo West national park stretching Kishushe/Wanjala and Sanghani/Wanjala iron-ore is registered as dealers and suppliers of iron-ore, from Kasighau to Mwakitau where he has twelve mining over mining rights and areas. The people 7 gypsum, pozollana, coral stones and building ma- gemstone mines. of Kishushe/Wanjala claim that Wanjala iron-ore terials. mining is operating in the area without the consent Then there is the Wundanyi born university graduate of the Kishushe Ranch and Kishushe community Since around 2007, Wanjala Mining made an and former senior bank manager: who own the land where the mineral activities of agreement to collaborate with investor called Saul Mwangola was born in Mbale, Wundanyi, in the company are located. In November 2010, there Kaburu Sanghani (also Kenyan of Indian origin) Taita-Taveta County. He is a University of Nairobi was a large peaceful demonstration organised who provides capital, transport and marketing. graduate and worked as a senior manager of and led by the area councillor against Sanghani/ Sanghani owns thousands of lorries that transport National Bank of Kenya for many years. Upon re- Mining Company that “is not only operating ille- goods from Mombasa port to Nairobi, throughout tirement he started mining gemstones in his Kutima gally but also extending its boundaries, oppress- the country and the region. To reach the mining Ranch at Kamtonga. He owns a large mine which ing and exploiting the local people and small-scale camp of Wanjala Mining Company, one travels for is rich in gemstones and other minerals in the large iron-ore producers.” As a consequence of this about three kilometres along Kishushe-Mwakitau ranch that he bought from his cousin Mwamburi. He has a called Kutima Investments that also owns Kutima Mines that deals with the production and trade of minerals among other things. Mwangola 4 The Wealth In The Underground That Is Elusive To Local Communities: Minerals and Mining in Taita-Taveta County, Prospects is probably the most successful gemstone producer

and Problems, Mwandawiro Mghanga , Heinrich Böll Foundation, Nairobi, Kenya 2010. and dealer who is native to Taita-Taveta County. 5 Ibid. 6 The Wealth In The Underground That Is Elusive To Local Communities: Minerals and Mining in Taita-Taveta County, Prospects He is wealthy and has investments in Taita and and Problems, Mwandawiro Mghanga , Heinrich Böll Foundation, Nairobi, Kenya 2010. Nairobi that include a reputable private higher 7 Ibid. education institution.8 8Ibid.

OPERATION FIRIMBI Bulletin MarchApril 2012 2014 7 A conversation next to the Tanzanian border gues that even in terms of parliamentary representation there is a history of imposition of Dawida candidates. He says that the fi rst Taveta MP, Mcharo, had Dawida lineage and that Mwacharo Kubo was a full blooded Dawida- although grudgingly acknowledges that Kubo was born and raised in Taveta sub-county. He hardly has any kind words for two other former Taveta MPs- Norman Lukindo and Jackson Mwalulu- who are part of the Kamba cluster which makes up a sizable chunk of the Taveta population. I glance at my watch. Oops! 9:49 am. I hardly have ten minutes to catch my bus.

Fortunately, it is parked less than a hundred metres from where we are hurdled.

I bid bye to my two interlocutors promising to dispatch a few copies of this edition of Firimbi Bulletin which features this interview. They both walk me to the bus. We exchange hearty hugs.

As the bus snakes its way into the thickets of Tsavo National Park, I muse with gratitude that I had a rare opportunity to have a very long chat with Mashengu wa Mwachofi the previous day, who will conceding that there were pesky issues within some elites of a Dawida ethnic chauvinism, nevertheless stated that denying the existence of a land problem in Taveta in utter disregard to the spate of land grabbing, the lopsided preference Old photos capturing the First World War bloody confl ict at Salaita, Taveta sub-county. for wild life over human beings, the exploitation in the ranches, the corruption in allocating plots in the contro- aveta town stares across the majestic Mount versial Lake Jipe Settlement Scheme-simply beggared Kilimanjaro and the Usambara Hills. In Taveta’s Lemmy nods vigorously in affi rmation. belief. Tbackyard in the vast Tsavo, lions, elephants, gi- That sets the tone and tenor of our conversation. raffes, rhinos, buffaloes, gazelles and baboons roam. The scene of internecine First World War Anglo- Are there any land-based issues in Taveta? German bloody confl ict, this sleepy township on the Almost in unison, Lemmy and Ojwang’ trumpet: Acknowledgements Tanzanian border spawned a local place name Salaita “It is those NGOs. Civil society outfi ts like Muhuri (a corruption of the English “Slaughter Hill”). come from Mombasa and pay people in Taveta to stage In preparing this edition of the Operation Firimbi fake demonstrations.” Bulletin, we received invaluable information, assistance, It is here in this hilly small Kenyan town that I entered support, analysis and insights from the Hon. Mashengu an even smaller café named a far off coastal city-Dar I ruefully point out that I too, I am from the allegedly wa Mwachofi the former MP for Wundanyi and a land es Salaam-that Firimbi Bulletin broke bread with a “evil” civil society, handing out a few copies of the last rights expert in his own right; the Hon. Mwandawiro veteran musician to talk about the Watuweta, their the two issues of Firimbi Bulletin, while reiterating my Wadawida neighbours and a whole range of other is- Mazingira Institute credentials. Mghanga who availed us of two important monographs sues including land-based confl icts, devolution, inter- he had written after extensive fi eld research in Taita ethnic relationships, politics, language and culture. What about the guy who was killed by some squat- Taveta County and Lenny Peter and his friend Ojwang’ I was introduced to Lenny Peter through Ramadhan ters recently? both of whom who took time out of their busy schedule Khamis, a well known and well respected documentary They immediately shoot back: to meet me in Taveta town. social justice fi lm maker and photo-journalist plying his That is exactly what we are saying. That guy, who hap- trade in Nairobi. pened to be a Luo like you, incidentally was a genuine land owner. He had a title deed, thanks to the selfl ess I had traveled the previous night from Voi where re- efforts of our hard working MP, Naomi Shaaban. Some former and land rights campaigner Mashengu wa Kambas from Makueni County who are being used by Mwachofi had hosted me in his home located in the Kivutha Kibwana whose father was recently buried Kariakor Estate (not the Nairobi one, there is actually here in Taveta because that is where he is from want one in Voi as well). We were supposed to linked with to create the conditions which will make it easier for Lenny in Taveta the same evening but torrential rain Kibwana to shift here and run for Governor in 2017. which had all but swept away the murram, pot holed, They want to fl ood Taveta with as many Kambas as pos- untarmarcked track from Voi had put paid to those sible in the next four years. overly optimistic plans. I am a bit befuddled at this permutation in the ever con- So here we are, at 8:30 on a sun kissed morning, hav- voluted Taveta politics. ing chai and mandazi at the Dar es Salaam Hotel be- fore I hop on the 10 am Mombasa-bound Simba Coach. Basil Criticos says he is being sacape-goated because Lemmy is a tall, warm and affable man with an almost of the colour of his skin while the powerful Kenyatta B n encyclopedic knowledge of the culture and traditions family is being given a free pass on the issue of land u i as well the political shenanigans of the Watuweta. For grabbing. True or false? l l e t many years, he was among the leading voices in the Luworo Cultural Group. Joining him is Ojwang’, a long Leave that crooked Mzungu alone. He failed to repay time resident of Taveta who relocated here more than his bank loans. The government was right to repos- twenty years ago from his original village in Uyoma, sess the land he had grabbed from our people. He has Editor: Davinder Lamba Siaya County in western Kenya and has since voted in embarked on his plans to unseat our Mama in 2017. Senior Writer: Onyango Oloo the local and national elections in Taveta at least three But Naomi will be our Mbunge after the next elections. Design: George Mutuku times. Criticos is going nowhere. Published by Mazingira Institute, supported by “I have voted for Naomi Shabaan since she fi rst ran on Lemmy then goes on to expound on a theme that I later Rooftops Canada/Abri International a KANU ticket in 2002. I will support her until I die. discover has a refrain which reverberates all over the with assistance from Ni mama hana ukabila. Ukienda afi sini kwake utapata Taveta sub-county. Watuweta, Lemmy insists, have al- Foreign Affairs, Trade and Development Canada Wakikuyu, Wakamba, Wajaluo kama mimi, Watuweta ways been looked down upon by their more powerful Affaires etrangeres, Commerce et Developpement Canada na hata Wadawida (“This lady has no tribal bone in Dawida neighbours. He says that Tuweta who make it her body. If you go to her constituency offi ce you will to prominence on the national scene either because of fi nd that she has employed Kenyans from across the education or public service are always claimed by the The opinions expressed in the bulletin are not necessarily board- Kikuyus, Kambas, Luos like me, Tuwetas and Dawida. He points out two examples, Slim who was those of the agencies supporting the publication. even Dawida people”). senior in the disciplined forces and Kimaru. Lemmy ar-

8 OPERATION FIRIMBI Bulletin MarchApril 20142012