Kenya is endowed with a wealth of natural resources including minerals, forests, wildlife, water, dry lands, hydro-power and wetlands among others. Some of the mineral resources found in include Titanium in County at Mrima Hills, gold deposits believed to exist in Western Kenya at Macalder mines in and Ikolomani in County, huge deposits of coal at the Mui Basin in County and oil deposits in and also suspected to be in Baringo and Elgeyo Marakwet Counties (RoK, 2016). The emergence of extractive industries in the country has come with both challenges and opportunities. This publication is anchored on the need to inform policy. It provides useful information to inform con ict-sensitive planning and programming; development of policies, legislations, strategies, regulations and guidelines not only in the 3 counties under study, but across the country on natural resource governance and management of emerging con icts arising from extractive industries.

Security Research and Information Centre (SRIC) is an independent not-for-prot think-tank committed to providing data and information on human security and security sector dynamics in the n the Great Lakes Region and the Horn of Africa.

NATURAL RESOURCE GOVERNANCE AND MANAGEMENT OF EMERGING CONFLICTS ARISING FROM EXTRACTIVE INDUSTRIES: Security Research and Information Centre (SRIC), New Waumini Hse., 2nd Flr., Chiromo Rd., Westlands, P.O. Box 66019-00800, , Kenya A CASE OF KITUI, KWALE AND TURKANA COUNTIES Website: www.srickenya.org JUNE 2018 Email: [email protected] Follow our security updates on twitter, @sricKenya and facebook fan page, Security Research and Information Centre

Kyalo Musoi, Thomson Muthama, Col (Rtd.) Jaws Kitiku SECURITY RESEARCH AND INFORMATION CENTRE (SRIC)

Natural Resource Governance and Management of Emerging Conflicts Arising from Extractive Industries: A Case of Kitui, Kwale and Turkana Counties.

2 i TABLE OF CONTENTS List of Tables vi List of Figures vii Acknowledgements viii Acronyms and Abbreviations ix This publication is a product of Security Research and Information Centre (SRIC), New Waumini Executive Summary x House, 2nd Floor, Waiyaki Way, Westlands, Nairobi – Kenya.

CHAPTER ONE 1 1.1 Background 1 © 2018 by Security Research and Information Centre. 1.2 Statement of the Research Problem 2 1.3 Objectives of the Research 3

All rights reserved. Except for the quotation of short passages and sections, for which due acknowledgment must be made, this publication may not be reproduced in any written, electronic, CHAPTER TWO 4 recording or photocopying form without written permission of Security Research and Information 2.1 Introduction 4 Centre (SRIC). CHAPTER THREE 9 3.1 Methodology 9 Although every precaution has been taken to verify the accuracy of the information contained 3.2 Key Informant Interviews 9 herein, the publisher assumes no responsibility for any errors or omissions. No liability is assumed 3.3 Focus Group Discussions 10 for damages that may result from the use of the information contained herein. 3.4 Questionnaires 10 3.5 Targeted Areas 10

CHAPTER FOUR 11 Books may be obtained free of charge by contacting SRIC at: STUDY FINDINGS AND DISCUSSIONS 11 New Waumini House, 2nd Floor. Westlands. 4.1 Introduction 12 P.O. Box 66019-00800, Nairobi - Kenya 4.3 Respondents’ Profile 12 4.4 General Findings 14 4.4.1 People’s Perceptions on the Discoveries 14 4.4.2 Expectations of Locals on Discoveries 15 Activities that led to this publication were funded by UNDP – Kenya, Sweden through National Steering Committee on Peace Building and Conflict Management (NSC/PBCM). 4.4.3 Marginalization 16 4.4.4 Benefits to Community Members 16 Published: 2018 4.4.5 Means of Addressing Emerging Conflicts 17 4.4.7 Legal, Policy Institutional Frameworks 19

ISBN 978-9966-130-53-2 CHAPTER FIVE 22 COUNTY BASED FINDINGS AND ANALYSIS 22 5.1 Introduction 22 5.2 22

ii iii 5.2.1 Extractive Resources in Kitui 22 5.4.10 Dispute Resolution Mechanisms 55 5.2.2 Support for Coal Mining 23 5.4.11 Actors bearing the biggest responsibility for conflicts in Turkana 56 5.2.3 Conflicts around Extractive Industries 25 5.4.12 Actors best suited to spearhead peace and conflict management initiatives 56 5.2.4 Drivers of Conflicts 26 5.4.13 Emerging / Future Conflicts 57 5.2.5 Stakeholder Involvement 27 CHAPTER SIX 58 5.2.6 Community Members Involvement 28 CONCLUSION AND RECOMMENDATIONS 58 5.2.7 Community Sensitization 28 6.1 Conclusion 58 5.2.8 Barriers to Effective Community Participation 28 6.2 Recommendations 59 5.2.9 Dispute Settlement 29 6.2.1 For the National Government 59 5.2.10 Actors Bearing the Biggest Responsibility in coal related conflicts 30 6.2.2 For County Governments of Kitui, Kwale and Turkana 60 5.2.11 Actors Best suited to spearhead Peace and Conflict Management Initiatives 31 6.2.4 For Mining Companies 61 5.2.12 Emerging Conflicts 32 6.2.5 For National and International Non-State Actors including 5.3 KWALE COUNTY 33 CSOs, CBOs, NGOs Development Partners and host communities. 61 5.3.1 Extractive Resources in Kwale County 33 5.3.2 Community Support on Titanium Mining 33 5.3.3 Conflicts around Extractive industries 35 5.3.4: Drivers of Conflicts 36 5.3.5 Stakeholders’ Involvement 37 5.3.6 Nature of Community Involvement 38 5.3.7 Community Concerns on Exploration and Operations 39 5.3.8 Dispute Resolution Mechanisms 40 5.3.9 Barriers to effective Community Participation 41 5.3.10 Actors Bearing the Biggest Responsibility in Titanium related conflicts 42 5.3.11 Best Suited Actors in Spearheading Peace Initiatives in the County 43 5.3.12 Emerging Conflicts 44 5.4. TURKANA COUNTY 47 5.4.1 Extractive Resources in Turkana 47 5.4.2 Support for the On-going Excavation 47 5.4.3 Conflicts around Oil and Minerals Mining 48 5.4.4 Drivers of Conflicts 50 5.4.5 Stakeholders’ Involvement 51 5.4.6 Level of community members’ involvement 52 5.4.7 Community Sensitization and Conversations on Benefit Sharing 52 5.4.8 Community Concerns 53 5.4.9 Barriers to Effective Community Participation 54

iv v LIST OF TABLES LIST OF FIGURES Table 1: Targeted Areas 10 Figure 1: Gender Distribution 12 Table 2: Number of people interviewed per county 11 Figure 2: Levels of education 13 Table 3: Age distribution 12 Figure 3: Length of Stay 14 Table 4: Occupation 13 Figure 4: Peoples’ Feeling on Discoveries 15 Table 5: Expectations of locals on discoveries 15 Figure 5: People’s perception on marginalization 16 Table 6: Community members’ benefits 17 Figure 6: Awareness on legal, Policy institutional frameworks 20 Table 7: Means of addressing emerging conflicts 18 Figure 7: Support on the on-going exploration 24 Table 8: Means of winning community support 19 Figure 8: Community members’ involvement in extraction 28 Table 9: Issues for Sensitization 21 Figure 9: Whether there are interventions put in place to manage or prevent conflicts 30 Table 10: Extractive resources available in Kitui 23 Figure 10: Actors bearing the biggest blame on simmering conflicts 31 Table 11: Reasons as to why community members are for or against the on-going exploration 24 Figure 11: Actors best suited to spearhead peace and conflict initiatives 32 Table 12: Types of conflicts 26 Figure 12: whether community members support the excavation of extractives 34 Table 13: Drivers of conflicts 27 Figure 13: Drivers of Conflict 37 Table 14: Organizations involved in exploration, community sensitization Figure 14: Community Involvement in Extraction of discoveries in the county 38 and conversations on benefit sharing 29 Figure 15: Dispute Resolution Mechanisms 41 Table 15: Barriers to effective community participation in the extractive 29 Figure 16: Actors involved in Conflicts 43 Table 16: Future/ Emerging conflicts 32 Figure 17: Best suited actors to spearhead peace initiatives 44 Table 17: Extractive Resources in Kwale 33 Figure 18: Support on the ongoing excavation 47 Table 18: Reasons as to why community members are for or against the Figure 19: Community members involved in extraction 52 on-going exploration 35 Figure 20: whether there are strategies put in place to manage conflicts 55 Table 19: Types of conflicts 36 Figure 21: Actors bearing the biggest responsibility for conflicts in Turkana 56 Table 20: Role of community members in the extraction 39 Figure 22: Best suited actor in spearheading peace and conflict initiatives 57 Table 21: Community concerns on exploration and operations 40 Table 22: Barriers to effective community participation in extractive industry 42 Table 23: Future or emerging conflicts in Kwale 46 Table 24: Reasons as to why community members are for or against the ongoing exploration 48 Table 25: Types of conflicts 50 Table 26: Drivers of conflicts 51 Table 27: Community members’ involvement 52 Table 28: Organizations involved in exploration, community sensitization and conversations on benefit sharing 53 Table 29: Community concerns on the ongoing excavation 54 Table 30: Barriers to community participation in excavation processes 55 Table 31: Future/ emerging conflicts 57

vi vii ACKNOWLEDGEMENTS ACRONYMS AND ABBREVIATIONS

ecurity Research and Information Centre (SRIC) would like to acknowledge a number of ACT! - Act Change Transform LRF - Legal Resources Foundation individuals and institutions for their contribution and support that made this research a success. ASALs - Arid and Semi-Arid Lands MCAs - Members of County Assembly We wish to commend the Government of Kenya through the National Steering Committee on S BSA - Benefit Sharing Agreement MPs - Members of Parliament Peace Building and Conflict Management (NSC) and the Kenya National Focal Point on Small Arms and Light Weapons (KNFP) for providing administrative and organizational support during the entire CBOs - Community Based Organizations NDMA - National Drought study exercise. We would also like to specially acknowledge United Nations Development Programme Management Authority (UNDP Kenya), Sweden and European Union (EU) for providing the technical and financial support CDA - Community Development Agreement NEMA - National Environmental that made this study a success. Management Authority CIA - Conflict Impact Assessment Our sincere gratitude also goes to the members of the Reference Group (RG) comprising KNFP, NSC, NGAOs - National Government CLO - Community Liaison Officers UNDP, NDMA, NPS, ACT! and PfPS. Their peer review and insights greatly enriched the content and Administrative Officers substance of this report. CMK - Cortec Mining Kenya NGOs - Non-Governmental Organizations

This study would not have been possible without the invaluable contribution of all SRIC staff, to CRA - Commission on Revenue Allocation NPS - National Police Service whom we extend our sincere gratitude. In particular, we wish to acknowledge the able stewardship CSOs - Civil Society Organizations NSC - National Steering Committee on provided by the Director of SRIC, Col. (Rtd.) Jerry Kitiku. We are sincerely grateful to Singo Mwachofi, Peace building and Luchetu Likaka and Samuel Maina for their leadership in fieldwork exercises. We are also indebted CSR - Corporate Social Responsibility Conflict Management to Zipporah Nabwire Wepundi, Carolyne Samoei, Everlyn Mbaika Lumbi, Antony Nzioka Maneno DDG - Danish Demining Group PAW - Pacific Wildcat Resources Corps and Cynthia Martin for their commitment in data collection, entry and analysis. We also appreciate EIA - Environmental Impact Assessment the administrative support team comprising of Anne Warui and Philip Munyasia for their office work PfPS - Partnership for Peace and Security relating to this report. The peer review, input and editorial work done by Dickson Magotsi regarding EU - European Union RoK - Republic of Kenya this report is sincerely acknowledged. FBO - Faith based Organization SRIC - Security Research and Information Centre Last but not least, the research and compilation of this report would not have been realised without FGD - Focus Group Discussions the involvement and participation of all those enumerators and respondents who devoted their time UNDP - United Nations and information to inform the report. We sincerely laud your co-operation. A big thank you to you all! FIMC - Fenxi Industry Mining Company Development Programme

FOLT - Friends of Lake Turkana VSO - Village Socialization Officers

IDK - I Don’t Know WRMA - Water Resources Management Authority KEFRI - Kenya Forestry Research Institute

KII - Key Informant Interview

KISCOL - Kwale International Sugar Company Limited

KLA - Kenya Land Alliance

KNCHR - Kenya National Commission on Human Rights

KNFP - Kenya National Focal Point on Small Arm and Light Weapons

viii ix EXECUTIVE SUMMARY respective County Governments had improved need to be reviewed. Finally, it is notable that from confrontation to cooperation. dispute resolution and conflict management mechanisms and initiatives with regard to the enya is endowed with massive natural Why this Research: To be able to provide However, there remains a number of issues that challenges in the extractive industry in the 3 resources including minerals, forests, information that would enable Governments provide fodder for conflict. These include the counties are inadequate. Kwildlife, water, dry lands, hydropower and other actors effectively manage the natural loss of land by community members to mining and wetlands among others. Most of these resources, prevent and respond to recurrent and companies and the government. This is coupled Conclusion: This study concludes by noting resources remain unexploited while in cases emerging new frontiers of conflict, SRIC with with displacements; unfinished resettlement that the extractive industry in Kenya is where attempts at exploitation have been financial support of UNDP, Sweden and the and inadequate compensation schemes. promising and lucrative. It is anticipated to made, they are actually under-exploited. European Union, conducted a research on the Further, there are increased cases of pollution, contribute to Kenya’s economic development Kenya’s minerals and oil discoveries present natural resource governance and management environmental degradation, health hazards and attract immense international attention an excellent opportunity for boosting of the of conflicts within the context of the extractive and destruction of archaeological sites. While and investment. However, the unresolved land economy. This will ensure diversification of industry in Kenya. The study was conducted the industry is expected to address the raging disputes, unabated unemployment levels, low revenue generation. It is anticipated that the between January and August 2018 in targeted unemployment challenge in the 3 counties, thus literacy levels, political incitement, and overall extractive industry, which is quickly emerging, parts of Kitui (Mui Basin, , Ngaie, still remains an eye-sore. There are allegations of resource-based conflicts that are transboundary will largely contribute to the realization of Migwani and Mbondoni), Kwale (, discrimination in employment especially by the in nature, are feeding into inter-county and Kenya’s Vision 2030 that seeks to transform , Mrima, Kwale and Matuga) and local population who feel left out of specialised intra-county conflicts. Kenya into a newly industrialising middle Turkana ( and Lokichar) Counties. This and high level positions. They allege that most income country by the year 2030. However, comparative study aimed at understanding the of them are absorbed in menial jobs that remain Recommendations: There is no single actor, as a lesson learnt from the rest of Africa, different types of natural resources exploited, insecure and obscure. It is also interesting to policy, law or process that can effectively rather than stimulating broad-based economic the contexts within which the operations are note that issues around award of tenders and address the challenges and issues brought to the development, resource extraction has tended to being conducted and the response mechanisms contracts for supply of goods and services fore by this study with regard to natural resource concentrate wealth and power in the hands of a to concerns regarding the resource exploitation. are another source of conflict. Further, lack of governance and management of the existing and few, exacerbate corruption and inequalities, lead The focus on these 3 Counties was also based information among the general population with emerging conflicts arising from the extractive to environmental degradation and pollution, on the considerable national and international regard to the extractive industry stifles their industry in Kenya. A multi-prong, multi- while doing little to reduce poverty, economic attention and level of investments that these participation in decision making. While efforts sectoral, multi-stakeholder, multi-dimensional disparities and generate employment. Worse Counties have attracted with regard to the have been made in Kitui, Kwale and Turkana approach should be embraced. People should be still, in many countries extractive resources have extraction industry. It was also based on the to have Liaison Committees, the communities put right at the centre of the extractive industry fuelled violent conflicts. Kenya is no exception. In historical and geographic positioning that they seem unable to access a lot of information in Kenya for it to accrue the desired benefits. The spite of the challenges presented by exploitation wield and their implications on peace and thereby finding themselves continually agitating national government, county governments and of oil and minerals, a number of countries have and at logger-heads with mining companies or security. mining companies should embrace democratic managed their extractive industries successfully, by extension, the national government. With principles that will allow for wider community diversifying their economies, managing The objectives of this study were (i) to regard to policy and legislation, there are grey involvement to minimise on escalation of governance deficits and conflicts, and investing areas especially with the Mining Act, The Land determine the drivers of conflict around conflicts and possibilities of emergence of new in human development and infrastructure for Act among others. This calls for concerted extractive industries in Kitui, Turkana and frontiers for confrontation. Efforts should be the betterment of the people and the nation efforts to ensure that clear, coherent and Kwale Counties; (ii) to map stakeholder’s made towards inclusion, collaboration and at large. harmonised policies are developed to guide the involvement in extractive industries in Kitui, cooperation. Extractives in Kenya: Since the discovery of oil Turkana and Kwale Counties; (iii) to examine exploitation of oil and minerals. Where such and minerals in Kenya, there are major concerns dispute resolution mechanisms around policies, legislation and strategies exist, they over the nature and extent of benefits that will extractive industries in Kitui, Turkana and accrue to the local communities. There has been Kwale Counties; (iii) to assess the legal, policy a serious discourse as to whether the extraction frameworks and institutional capacity gaps in National and of these natural resources will be a blessing or extractive industries in Kenya; and (iv) make International Non-State a curse to the Kenyan population, particularly recommendations on effective and sustainable National Government County Governments Mining Companies Actors including CSOs, those that host the excavations. This is due management of the extractive industry in Kenya. CBOs , NGOs and host to the fact that control over the extraction of communities natural resources such as oil and minerals is not Findings: The study established that there was Strengthen coordination, Improve access Promote transparency Enhance civic education a devolved function. Instead, it falls under the a lot of excitement and hope in the discoveries, co-operation and to information by and accountability National Government as per the provisions of explorations and ongoing extractions across the consultation with communities on the Constitution of Kenya 2010. Indeed, since three counties that stands at 67.2%. Most people County Governments extractive sector the discoveries were made in various parts of the expect that the extractions will contribute to operations country, there have been tensions, confrontations better standards of living in the long term Establishment of Develop and implement Enhance community Enhance training and and conflicts whose effects have been felt far through employment and increased circulation intergovernmental policies, legislation participation, sensitization and wide. If this state of affairs continues of capital, improved infrastructure and social sectoral forums, and strategies on community sensitization unmitigated, it will contribute to instability and amenities, development of CSR projects in committees, inter- natural resource on mining fragility that will not only adversely affect the terms of scholarships, hospitals, and bursaries agency platforms, and environmental realization of Vision 2030 but Kenya’s economic among others. It was further noted that the standing committees management. development as a whole. relations between national government and the and working groups

x xi Review the Mining Enhance presence, Engage with the Enhance collaboration Act 2016 to provide for visibility and local community to between CSOs working CHAPTER ONE the involvement of the responsiveness identify practices and in the counties to county government in opportunities that improve service INTRODUCTION TO THE RESEARCH the mining can positively impact delivery and avoid on the livelihood of duplication. Consider a communities programmes approach to development. National government Strengthen Proactively engage Local community and parliament to coordination, co- county governments needs to be proactive accelerate enactment operation and to ensure a supportive in participating in of the land and consultation with the operating environment: decision-making petroleum bills into law national government with consideration of community demands on revenue sharing. Train and enhance Collaborate with the Develop and share Host community capacities of community national government in with the community needs to be proactive mediators to address the implementation of members successful in participating in emerging conflicts the Inter-Governmental mine closure and decision-making Relations Act 2012 and land reclamation regarding the CSR operationalize relevant programmes activities carried out by intergovernmental mining companies sectoral forums, committees, inter- agency platforms, standing committees and working groups Step up issuance of title Promote conflict host communities are deeds to the locals sensitive programming expected to provide an infused with Conflict enabling environment Impact Assessments and conducive atmosphere for 1.1 Background investment Over the past two and a half decades, extractive race, control of territory, or even a separatist resources have played a direct role in more agenda. Indeed, management of extractive Develop a Position peacebuilding Development Partners 1 comprehensive land and conflict prevention, to deepen support in than a dozen intra-state violent conflicts industries is one of the most critical challenges compensation plan management and building capacity for These conflicts may centre around control facing many resource-dependent developing resolution (CPMR) dialogue, negotiation over the natural resource and the revenues it countries today. at the centre of and mediation. They generates; various social groups may use the development should also sustain resource as a source of funding for generating policies, strategies funding beyond political Rather than stimulating broad-based economic and legislation with and electoral processes other types of conflicts (i.e. social, political, development, reliance on resource extraction deliberate efforts to so as to institutionalize ethnic, etc.); or these conflicts may be a has tended to concentrate wealth and power in integrate peacebuilding peacebuilding manifestation of a larger political struggle the hands of a few, exacerbate corruption and in CIDPs. programmes. between County and National government, and inequalities, lead to environmental degradation NEMA should improve Strengthen and sustain Media to promote may include issues relating to identity, religion, and pollution, while doing little to reduce its accessibility to civic education and enhance conflict poverty, economic disparities and generate communities and sensitive reporting, employment. Worse still, in many countries address community guard against 1 Including Nigeria, Sierra Leone, Burma/Myanmar, complaints concerning sensationalism, extractive resources have fuelled violent Peru, Indonesia/Aceh, Indonesia/Papua, Papua New conflicts.2 environmental impacts incitements and Guinea, Angola, Angola/Cabinda, Congo Brazzaville, working-up emotions of the local population. DRC, Niger, Pakistan/Baluchistan, Cambodia, Central African Republic, Zimbabwe, Sudan/South Sudan, and A number of countries have managed their The media should serve extractive industries successfully in recent to inform and educate possibly others, depending on definition and perspec- the public on the tive. See UNEP. 2009. From Conflict to Peacebuilding: extractive industry The Role of Natural Resources and the Environment. 2 Promote conflict UNEP: Geneva. http://postconflict.unep.ch/publica- Nicholas Shaxson (2007) Poisoned Wells: The Dirty sensitive programming tions/pcdmb_policy_01.pdf Politics of African Oil xii 1 decades, diversifying their economies, managing traditional dispute resolution mechanisms to mineral contracts have become a political lightning is further envisaged that the findings of this governance deficits and conflicts, and investing inform pre-extraction decisions of government rod in many resource-rich counties. Indeed, a series study will inform other areas of study with a in human development and infrastructure for the and companies as well as linkages between the of conflicts in recent past some ending in lengthy view to adding new knowledge to that which betterment of the people and the nation at large.3 extractive industry and marginalized groups litigation, project cancellation or unsettled investors already exists. Overall, it is anticipated that the As Kenya undergoes political, economic and for instance women, specific ethnic groups, and bitter local communities have been witnessed in study will find favour among policy makers, social transition underpinned by a progressive communities among others in the selected selected research sites. governments, development partners, investors Constitution, it has great opportunity to learn regions where extractive industries are taking and speculators, civil society, peace and security from mistakes of others, harnessing the benefits root. practitioners, community members, and and avoiding the resource curse and negative 1.3 Objectives of the Research academicians among others. impacts of extractive industries. However, Conflicts emanating from extractive industries given the importance of context and nuance are disagreements and disputes over access 1.3.1 Overall Objective in understanding how conflict triggers are to, and control and use of natural resources. The overall objective of this study was to embedded within the wider political economy of These conflicts often emerge because people assess the natural resource governance and extractive industry investment, it can be argued have different uses for resources such as forests, management of conflicts within the context of that there is a pressing need for a more refined water, pastures and land, or want to manage the extractive industry in Kenya. and situated understanding of the governance them in different ways. Indeed, disagreements agenda. arise when these interests and needs are 1.3.2: Specific Objectives. incompatible, or when the priorities of some The study had the following specific objectives: Resource governance norms have evolved at user groups are not considered in policies, a) To determine the drivers of conflict around multiple scales to counter the potential negative programmes and projects. Such conflicts of extractive industries in Kitui, Turkana and socio-economic, environmental and institutional interest are an inevitable feature of all societies. Kwale Counties. impacts of the extractive industries. Advocates In recent years, the scope and magnitude of b) To map stakeholder’s involvement in of these ‘good governance’ initiatives have natural resource conflicts have increased and extractive industries in Kitui, Turkana and sought to mainstream transparency throughout intensified. These conflicts, if not addressed, Kwale Counties. the extractive industries value chain and can escalate into violence, cause environmental implement pro-poor projects at the site level. degradation, disrupt projects and undermine c) To examine dispute resolution mechanisms However, these types of resource governance livelihoods. Acknowledging that conflict is a around extractive industries in Kitui, interventions often fall short of their promised common feature in extractive industries in Kenya Turkana and Kwale Counties. development benefits. Poorly understood is is a prerequisite for sustainable management d) To assess the legal, policy frameworks and how the process of resource extraction and the that is participatory and equitable. institutional capacity gaps in extractive expectation of supposed revenue windfalls industries in Kenya. affect the governance dynamics of host countries 1.2 Statement of the Research Problem and localities4. It therefore borders on existing The emergence of extractive industries in legislation, policy and formal and informal e) To make recommendations on effective and Kenya has come with both challenges and mechanisms for community participation; sustainable management of the extractive opportunities. First, the selected counties of undertaking a detailed study on county and industry in Kenya. Kwale, Kitui, and Turkana are ranked among community engagement and governance to the most unequal Counties in Kenya by the inform nationwide community engagement Commission on Revenue Allocation’s (CRA)5 frameworks and guidelines; understanding 1.4: Justification of the Study and therefore have an opportunity to harness the impact of extractive sector development on The rationale behind this study is anchored these resources to improve the welfare of the women, in particular on land rights and tenure on the need to provide policy advice and residents. There are however challenges. The security, gender-based violence, income-earning guidance to stakeholders at the national, challenges include high levels of rural poverty opportunities. Besides, there is need to appreciate regional and international level. In particular, in rural areas, insecurity and conflicts and social conflict risk analyses to identify drivers of it is envisaged that findings of this study will tensions between communities. Climate change conflict, peace capacities, traditional and non- provide information relating to exploitation and and its impact on ecosystem services is another management of natural resources within the 3 challenge. Additionally, infrastructure and poor counties under reference. It will provide useful flow of information on the processes which has led 3 See UNDP (2013) Extractive Industries for Sustainable information that will inform conflict-sensitive to speculation about the fate of communities has Development in Kenya planning and programming; development of also posed problems. Clashes over the terms of policies, legislations, strategies, regulations and 4 Matiru V (2000). Conflict and Natural Resource Man- guidelines; development and implementation agement. Retrieved on July 23, 2018 from: http://www. of interventions not only in the 3 counties fao.org/forestry/21572-0d9d4b43a56ac49880557f4e- 5 See more at: CRA (2018). Retrieved from: http://www. under study, but also across the country. It baa3534e3.pdf crakenya.org/information/downloads/ on July 23, 2018

2 3 and economic crowding- out effects (Ross has been particularly amenable to fuelling and CHAPTER TWO 1999, Collier 2007, Karl 1997)6. Dependence on prolonging “greed-based” insurgency.8 extractive resources, however, may also increase REVIEW OF LITERATURE the likelihood of underdevelopment, fragility and conflict. There is a shared recognition of the 2.3: The Extractive Industry in Kenya Kenya is endowed with a wealth of natural conflict risks associated with natural resource resources including minerals, forests, wildlife, over-dependence and the so called “resource water, dry lands, hydropower and wetlands curse”, as well as of the transformational among others. Mineral resources found in potential of oil, gas, and mineral revenues for Kenya include titanium that is available in reducing poverty, boosting prosperity, and commercially viable quantities in Kwale County supporting economic diversification. at Mrima Hill. Substantial deposits of gold are believed to exist in Western Kenya at Macalder The inability to unlock natural resource wealth mines in Migori County and Ikolomani in for the benefit of developing countries’ local , while huge deposits of populations, a phenomenon popularly known coal have been established at the Mui Basin in as the “paradox of plenty”— has spawned Kitui County. Commercially viable mineral oil extensive debate among researchers and policy deposits are in Turkana County and suspected to makers in recent years.7 There is now a well- be also in Baringo and Elgeyo Marakwet County established body of literature exploring the (RoK, 2016). Other minerals found in Kenya links between natural resources and conflict, include Soda Ash and Trona mined in Lake with some sources estimating that over the past Magadi. Gemstones extraction potential exists 60 years, 40% of civil wars have been associated at Mrima hill and some parts of Taita Taveta with natural resources (UN, 2012a). The West County, while Diatomite harvesting is possible African sub region is no stranger to the resource at Kariandusi and Elmentaita in the Rift Valley. curse, with numerous resource-rich states Kenya is also endowed with steam (geothermal having strong links to instability and conflict energy) in the Rift Valley at Kapedo and Suguta (for example, Sierra Leone, Liberia, Guinea, Valley in , Solai in Côte d’Ivoire, Nigeria, Mali, and Niger). In a County, the Mui basin of Kitui and Homa Hills number of recent conflicts, warring factions of County (Republic of Kenya, 1969). have been able to access “lootable” resources Gypsum availability has been confirmed in (that is, resources such as alluvial diamonds and County, County at Rahmu and Konza gemstones that have a high value-to-weight ratio, in County. Gypsum in commercial and can be easily appropriated and transported quantities is also available at Isinya in by unskilled workers) through artisanal County (RoK, 2016). extraction, which some scholars have suggested Based on this availability, Kenya has in the recent past witnessed increased investment in the mining sector, with new Multi-national 6 Guliyev, Farid, Unpacking the Political Resource Curse: How Oil Fuels Personalism and Undermines mining companies coming on board. This has Democratization (December 17, 2014). Available at led to intensification and expansion of mining SSRN: https://ssrn.com/abstract=2759011 activities across the counties culminating in the 7 For example, the appropriation and mismanagement of high-value natural resources has been frequently cit- 8 Many scholars have explored the links between loot- ed as a key factor in triggering, escalating, or prolong- able resources and civil violence, drawing different con- ing conflicts in all corners of sub-Saharan Africa (see clusions from compiled datasets on wars and intermit- 2.1 Introduction 2.2 The Extractive Industry for example, Collier and Hoeffler, 2001; Elbadawi and tent conflicts (for example, see Berdal, 2005; Collier and This Chapter provides an in-depth analysis Resource-based conflict is one of several Sambanis, 2002; Ross, 2003; Bannon and Collier, 2003; Hoeffler, 2004; Korf, 2005; Regan and Norton, 2005). of literature relevant to this study. The destabilizing phenomena commonly cited as Fearon, 2004). However, there continues to be consider- Humphreys (2005), for example, notes that diamonds literature analyzed comprised of reports and defining many of the extractive economies of able disagreement over the causal factors of conflict in tend to shorten civil wars by facilitating military vic- publications by the national government the globe. The proliferation of global initiatives resource-rich countries, with some scholars attributing tories rather than negotiated settlements. Ross (2004a, and the County governments, development to oversee a transparent management of conflict to resource politics (“grievance”) and others 2004b), on the other hand, observes that lootable re- partners, investment companies, civil society natural resources came about at the turn of the basing their analysis on exploitative economic interests sources could make conflict so profitable that one or organizations, faith based organizations and the century as a donor effort to tackle development (“greed”). For a more complete overview of the “greed more combatants lose their incentive to reach a peace media, among others. problems associated with the “resource curse”: vs. grievance” thesis, see Berdal and Malone (2001) or settlement, a view that is reinforced by le Billon (2001, corruption, institutional erosion, civil conflicts, Collier and Hoeffler (2004). 2006).

4 5 discovery of oil deposits in Turkana County in of the policy and strategies has been received benefits for catchment communities, the Furthermore, it is frequently the case that conflict 2012 and, the first shipment for export of twenty- with mixed results. significant amount of land and other livelihood within catchment communities can result five tons of Titanium mined in Kwale County in resources they appropriate can also cause from grievances that stem from insufficient February 2014. The trend is expected to continue Speculation by members of the political elite severe community dislocation and hinder local compensation for loss of resources, or inadequate because the Constitution of Kenya 2010 (Articles over the future value of oil lands, which added development. In many rural stretches of West consultation with companies and governments. 69 and 72) and the Kenya Vision 2030 encourage to the migration of population to future produc- Africa, communities are often guided by a Although many countries have now adopted the sustainable exploitation of natural resources ing areas in search of jobs has already started strong sense of indigenous rights over natural community development agreements (CDAs) for national development (RoK, 2007; RoK, to deepen competition over land. According to resources, which may be deeply connected or similar arrangements in their mining 2010). The exploitation of mineral resources is some estimates, at least 100’000 hectares of land to identity and characterized by a firm sense laws, companies still often deal directly with however, prone to environmental and socio- were bought in recent years in by people of local entitlement, all of which can lead to national government agencies, bypassing economic impacts whose net effect could from outside the region known locally as spec- a resentment of outsiders who exploit local local stakeholders’ altogether. In some cases, accelerate or slow down economic growth. Even ulators, in expectation of an increase in its val- resources for profit (Fanthorpe and Maconachie, where limited community consultation does though mining is regarded as a vital economic ue following oil and gas discoveries (Nunow, 2010). take place, extractive companies may privilege activity, it tends to have significant negative 2012). In some cases, non-residents bought land relations with elites or traditional leaders, impacts on the environment.9 whose interests can differ considerably from in Lamu and received titles for their purchase, Further shaping questions around local access creating much friction with the local population those of the community. In such situations, elites to resources within communities, unequal Kenya’s oil and gas reserves are located in areas that consistently failed to secure legal rights to may capture supplier contracts, employment power relationships are a pervasive feature of that have been historically prone to conflict the plots where they have always lived. In Ken- opportunities, and other benefits. social dynamics, and diverse and conflicting over scarce resources, such as land and water. ya in general, local authorities have been pub- resource priorities between local actors that Competition for these has always existed in what licly accused of illegally allocating government In the context of Kenya’s current extractive can transform into contests of struggle or is commonly known as Northern Kenya, which plots in urban areas, or of misusing trust lands, industry boom, it remains an ongoing challenge encompasses almost 80% of the country’s land which the 2010 Constitution describes as native negotiation (Leach, Mearns, and Scoones, 1997). to convert resource rents into sustainable mass, and consists mostly of arid and semi-arid reserves where communities live collective- Unequal access to resources and competing development trajectories that provide space Lands (ASALs). Frequent droughts, intensified ly and with no formal ownership (Republic of visions of rural capitalism can therefore for meaningful citizen engagement and in recent years by climate change, have stressed Kenya, 2004). The areas where oil has now been exacerbate tensions within communities, as well accommodate the needs of all segments of rivalries over water and land in the ASALs. By found are no exception to this history of land ir- as between communities, governments, and society. While vast new discoveries of valuable some estimates, only 17% of the land in Kenya regularities. extractive companies. Conflict at the community and increasingly accessible resources such as gas is fertile and over 80% of Kenyans depend on it level may ensue over “the control of space, the and coal have propelled counties to positions of for subsistence (Kanyinga, 2004), which explains While catchment populations in resource-rich governance of territory, access to land and water unprecedented economic growth, history has the intense competition for land and the deep- areas are often the hardest hit by the negative resources, the defence of human and citizenship shown that if such resources are badly managed, rooted grievances that exist around it. externalities of extractive projects, an important rights, and dissatisfaction over the distribution mounting tension and conflict are inevitable. point of departure for any assessment of of mineral rents” (Bebbington et al., 2008b, p. The ASALs have historically been neglected and governance and conflict in extractive industries 893). In short, land confrontation may result It is also clear, however, that the conflict triggers lag behind other rapidly growing areas (Okoth- rests on the recognition that “communities” are between different stakeholders (for example, associated with resource-related grievances Ogendo, 1991; Mwathane, 2010; Syagga, 2011). not bounded, homogenous entities especially communities, governments, and companies) are most often connected to, and reinforced For that reason, the economic development if you examine Turkana, Baringo and Lamu. simply because each place fundamentally differs by, deeper structural drivers of change. In policy of the ASALs to reduce regional Rather, they are defined by social differentiation on socioeconomic values on land (Hilson, 2002). this respect, operational interventions to inequalities and risks of conflict has become one and micro politics. As argued by Leach, Mearns, mitigate conflict and yield more sustainable of Kenya’s top priorities. Kenya has a National and Scoones (1997), in trying to come to grips As noted by Hilson (2012), few industrial and equitable development outcomes must Policy for the Sustainable Development of with how community-level actors respond activities leave as great an environmental be informed by a richer and more textured ASALs. Its attendant Sessional paper No.12 of to development outcomes, an alternative footprint or are as capable of having as much understanding of complex country contexts. 2012 for the National Policy for the Sustainable perspective “starts from the politics of resource influence on the wellbeing of a society asa Indeed, it is not possible to engage with the Development of ASALs is also in place. In access and control among diverse social actors, large-scale mine or oil and gas project” (p. 133). broader issues of governance and development addition to these, several strategies have and sees patterns of environmental change as Since rural economies in Kenya are inextricably without a more nuanced understanding of been developed specifically geared towards the outcomes of negotiation, or contestation, linked to the health of natural resources such the political economy of extraction (Barman addressing the particularities of these areas: between social actors who may have very as forests, soil, rivers, wildlife, and fish, a et al., 2012), or an appreciation of how this is a unique geography; dispersed populations; different priorities” (p. 4). In some cases, images threat to the ecosystem is simultaneously a connected to wider patterns of accumulation unique pastoral livelihood; low levels of of consensual, harmonious communities have threat to the subsistence and income of local and distribution. Any attempt to reduce levels of education; and unskilled labour, among others been strategically constructed by local actors populations (Horowitz, 2011), placing concerns conflict will therefore not only require attention (Republic of Kenya, 2012). The implementation themselves to present a contextually unified to “better” resource management, but also to on “the security and integrity of livelihoods” counter-position to powerful external players local contextual political struggles and how they (Bebbington et al., 2008a, p. 2890). Indeed, the such as mining companies (Ahluwalia, 1997). are embedded within broader causal factors. environmental degradation caused by extractive 9 Governance of Extractive Industries collaboration industry projects can increase the vulnerability Although extractive industry investments From the foregoing, it is incumbent that platform: www.goxi.org of the poor, exacerbate tensions, and trigger can potentially provide important economic significant conflict potential is true at each stage conflict.

6 7 in the natural resource governance and extractive the risk of bad governance and conflict, and industries. These are well seen at the exploration that economic incentives are the explanatory CHAPTER THREE and discovery; definition and allocation of factor of armed groups’ strategies. While these tenures or concessions; construction of access claims have a significant impact on policy and RESEARCH METHODOLOGY and operational infrastructure; operations have had the effect of narrowing down the and decommissioning; revenue collection, attention to resource control in conflict settings, management and allocation; and, revenue the evidence in support of these claims is largely investment into development programmes and macro-level orientated and tends to overlook the projects. Further, the key causes for conflict complexities of armed actors’ motivations and during each of these development stages incentive structures. The same literature tends to include inadequate engagement of communities overlook the local level and the position and role and stakeholders in the development process; of populations. Valuable local-level empirical unfair distribution of the benefits, costs, data on aspects of resource control in conflict risks and responsibilities associated with the areas are presented in policy-oriented reports, development; impact of the development on the but most of these studies do not question their environment, communities, and the local and assumptions regarding the connections between national economies; corruption and diversion of resources and conflict, and fail to move beyond funds to satisfy individual gains at the expense normative perspectives. of national and community interests; and, inadequate institutional and legal framework to govern the extractive industries development and management of funds.

From the analysis of the selected literature, a number of gaps have been identified that can be categorized into four main fields, namely:- resource governance; conflicts drivers; rebellion resources; and the position and participation of local populations in resource governance across all sectors of extractive industries. Literature has revealed that there is limited consensus on how to approach and conceptualize resource-related issues in conflict-affected areas. In addition, dominant concepts lack empirical testing. In particular, there is little evidence on how conflict impacts frameworks of resource governance, how these frameworks define people’s access to and control over resources, and how in return 3.1 Methodology relevant information. Snowball sampling was populations deal with these frameworks. Most This research made use of both secondary and also used to identify key informants especially studies start from the assumption that these primary means of data collection. In secondary from the mining companies. Interviewers actors are driven by predatory ambition and pay data collection, previous reports of extractives would seek to be referred to other resourceful limited attention to their attempts to create or and emerging conflicts in areas where people upon conclusion of every interview. support local governance processes. The main extractive resources have been discovered were The samples were mainly from officials of challenge, therefore, will be the development reviewed. Literature from other stakeholders national government, officials from the county of a comprehensive micro-perspective on like government agencies, NGOs, both print governments of Kitui, Kwale and Turkana, local fusion resource governance arrangements and digital media and individual researchers community, exploration/ extractive companies in and to integrate resource-related issues into was also reviewed to enrich this research. those localities, community based organisations, research on conflict, security, and post-conflict Additionally, primary data was collected from and civil society organisations. Key informants reconstruction. the three study areas. The study made use of the were identified based on their role and level of following methods in collecting primary data to knowledge in extractive industries. The study 2.4 Conclusion meet the study objectives: also used in-depth interview schedules and The literature review shows considerable focus group discussions. In total, at least 10 key variation in the evidence base for the different 3.2 Key Informant Interviews informants’ interviews were conducted in each claims being made. Much attention has been Purposive sampling was applied to ensure of the three Counties of study. paid to claims that resource abundance increases that specific key informants are reached for the

8 9 3.3 Focus Group Discussions locations. Respondents were randomly selected The research conducted 6 focus group from a sample population of those aged 18 years CHAPTER FOUR discussions, one in each selected study area. and above. Further, in the letter and spirit of STUDY FINDINGS AND DISCUSSIONS The FGDs targeted members of the civil society, the Constitution of Kenya 2010, gender balance business people or investors, women and youth and sensitivity were considered during the groups. administration of the questionnaires.

3.4 Questionnaires 3.5 Targeted Areas A total of 662 questionnaires were administered The table below shows distribution of target to members of the public in the selected areas.

Table 1: Targeted Areas

County Constituency Study Areas HH Interviews KIIs FGD

Msambweni 47 2 1 Ukunda 93 2 1 Msambweni Mrima 33 2 0 Kwale Kw ale 47 2 0

Matuga Matuga 20 2 0 Central Mui Basin 59 2 1 Kitui West Kabati 38 1 1 Kitui Mwingi North Ngaie 31 0 0 Mwingi West Migwani 15 2 0 Mwingi South Mbondoni 5 2 0 Turkana South Lokichar 174 4 1 Turkana Turkana Central Lodwar 100 9 1 Totals 662 30 6 4.1 Introduction respondents but owing to logistical challenges, This Chapter discusses the findings of the study. a total of 662 respondents were realized which It provides a discussion of the cross-cutting translates to a response rate of 88.3%. The issues within the 3 Counties in line with the distribution of the respondents is as shown in 3.6 Limitations of the Study owing to the recent discoveries and ongoing objectives of the study. Table 2 below. extraction of minerals and other resources in the Generalization of findings could be limited by the 4.2: Study Population scope of the study: Although the identification three counties. Use of independent case studies The study anticipated to interview a total of 750 of the sample counties and areas was informed for the three counties could give a different by extraction/ exploration processes ongoing overview and more enriching content on in those specific areas and also the conflicts management of natural resources and conflicts Table 2: Number of people interviewed per county reported, there are more other counties in which arising from extraction of resources in each of the extraction processes have been ongoing for the three counties. County Frequency Percent decades. A wider scope would have improved Turkana 275 41.5 the quality of the findings. Kitui 148 22.4 This study sought to conduct a comparative Kwale 239 36.1 analysis of Kitui, Kwale and Turkana counties Total 662 100.0

10 11 4.3 Respondents’ Profile not possible given the cultural dynamics, 4.3.3 Levels of Education Kwale County had the highest percentage of leadership positions held, availability and The profile of the respondents was a major The levels of education varied across the three people with secondary and post-secondary other practical considerations. In some areas, consideration in this study. Consideration was counties. Turkana had the highest level of levels of education. As shown in the Figure 2, it appeared women were not allowed to make given to gender, age bracket, level of education, respondents with informal education to no 52% and 43% of people with both secondary and some responses leaving the researchers with no occupation, length of stay with a view to elicit education at all as shown in Figure 2. Of all the post-secondary levels of education were from alternative but to interview only men. Overall, information relevant for the study. respondents who reported that they had no form Kwale, followed by Turkana with 33% for both 55.9% of the respondents were male while of education, the majority were from Turkana and finally Kitui where majority of the residents 44.1% were female. The KII and FGD’s were 4.3.1 Gender Distribution County at 77% followed by Kwale County at had primary level of education. This means not affected by this disparity since the selection 15% and Kitui County at 7%. Similarly, 72% that levels of exposure and involvement on the The study anticipated to interview the same of participants was gender- sensitive. The of people with informal education were from extractives varies across the three counties based number of males and females. This was however interviewers also ensured equal participation. Turkana, 22% from Kitui and 7% from Kwale. on the levels of education.

Figure 1: Gender Distribution

4.3.2 Age Distribution The study targeted respondents aged above between 18 and 45 years constitute the majority 18 years. This was achieved as majority of the (Owiti & Scott, 2016)10. According to Owiti & respondents were aged between 26 and 45 years Scott, Kenya is a very youthful country with comprising of 54.6% of the sampled population. about 80% of the population being youth aged This was closely followed by youth aged below 35 years. Figure 2: Levels of education between 18 and 25 years, who formed 25.1% of the sample. Other age groups that took part in The age distribution could also be attributed to 4.3.4 Occupation The status of occupation shows that majority of the study included 46 – 55 years that constituted the fact that most of the people working, looking In regard to occupation, majority of the the people living in the vicinities of the ongoing 14.2% and finally those 56 years and above who for employment or with high expectations on respondents across the three counties were small or anticipated excavations were unemployed. constituted 6%. the ongoing or anticipated excavations are youth scale business people who represented 22.5%, Going by the already established finding that below 45 years of age. followed closely by the unemployed at 22.4%. majority of people in these areas were youth The age distribution reflects the general Kenyan Other groups of respondents included civil aged below 45 years of age then it implies that population structure where the youth or people servants who constituted 11.6%, casual workers majority of youth across the three counties (11.5%), professionals (9.8%), farmers (8.9%) were either unemployed or engaged in small Table 3: Age distribution and students (7.9%). The study also interviewed businesses to eke a living. This is illustrated in housewives who accounted for 2.3%, pastoralists Table 4. Age bracket Frequency Percent (2.0%) and religious leaders (1.2%).

18-25 166 25.1 Table 4: Occupation 26-35 181 27.3 36-45 181 27.3 Occupation Frequency Percent 46-55 94 14.2 56+ 40 6.0 Professionals 65 9.8 Total 662 100.0 Casuals 76 11.5

Unemployed 148 22.4 10 Owiti, A. & Scott, B. (2016). The Agha Khan University: The Kenya Youth Survey Report. See more at: https://www. Business persons 149 22.5 aku.edu/eai/Documents/kenya-youth-survey-report-executive-summary-2016.pdf

12 13 Farmers 59 8.9 Pastoralists 13 2.0 Civil servants 77 11.6 Housewives 15 2.3 Religious leaders 8 1.2 Students 52 7.9 Total 662 100.0

4.3.5 Length of Stay lived in those sites for over 6 years or all their The study sought to establish how long the lives. This compared to Kwale where majority residents had lived in the vicinities to the of the respondents had only lived in areas Figure 4: Peoples’ Feeling on Discoveries surrounding the excavation sites for less than 5 extraction sites and as shown in Figure 3, 4.4.2 Expectations of Locals on Discoveries …..locals here expect more than just the factors of rural and urban settlements and also years speaks to the rural-urban migration and casual jobs which have been given over the prospective or speculative behaviour of better the perceived better employment opportunities On the expectations of the locals from the last few years Base Titanium Company has opportunities in the near future were at play. In in the cities and satellite towns. discoveries, it was clear that communities across been in operation.....we expect to be given Kitui and Turkana, majority of the residents had the three counties were vouching for personal first priority in employment opportunities, gains. This ranged from better living standards as because there is definitely enough manpower mentioned by 45.5%, job opportunities indicated and skills in this locality. We have so far by 39.7% to business opportunities as mentioned noted that most of high profile jobs are being by 11.9%. It was interesting to also note that given to outsiders and I assure you that the locals are not happy…”11 some community members had no expectations as indicated by 2.9% of the respondents. Key informants also noted that the extraction of titanium would herald an era of better This was confirmed by key informant and social facilities, better infrastructure and better focus group discussants who reported that living standards. Community members also community members living around areas expect investors to support construction and where the extractions were ongoing had very rehabilitation of schools, mosques, hospitals, high expectations. Majority noted that there is roads, scholarships among other benefits always a wave of excitement when extraction which according to them signals improved equipment are sited because to many it signals living standards. Others reported that with commencement of the processes which to many the improvement of infrastructure, there will means job opportunities, better living standards be more connection roads which will open-up and more business opportunities for the locals. the interior parts of the Counties and therefore enable businesses to flourish and ultimately A key informant in Msambweni noted that: improve the local economy. Figure 3: Length of Stay Table 5: Expectations of locals on discoveries 4.4 General Findings 23% posited that they were indifferent about Expectations Frequency Percent The study analysed crosscutting themes the discoveries and ongoing processes while touching on all the 3 counties. This was followed the remaining 10% reported that they had not Better living standards 301 45.5 by the County-based analysis. thought about the discoveries. Job Opportunities 263 39.7 This could be an issue of limited knowledge on Business Opportunities 79 11.9 the ongoing processes or simply diminishing None 19 2.9 4.4.1 People’s Perceptions on expectations on the discoveries considering that the Discoveries the processes of awarding contracts, moving and Total 662 100.0 The study sought to establish people’s compensating residents and finally beginning perceptions on discoveries, explorations and the processes of extraction normally take too ongoing extractions across the three counties. As long to an extent that some community members shown in Figure 4, a majority of 67.2% indicated begin to doubt whether their expectation would 11 A key informant in Msambweni commenting about expectations of the locals from the ongoing operations of the Base that they were excited about the discoveries, ever be met. Titanium in Kwale County.

14 15 4.4.3 Marginalization rooted perceptions of marginalization through One key informant in Kitui summarized the of boreholes in Zombe-Mbungi by Kenya According to Katindi (2015), a large percentage the opportunities created by the discoveries and contribution of investors in the county by Coal. The local community in Ngaie has also of the population living in mineral producing or the County governments. mentioning that: benefitted from a community managed trust fund initiated by Mining”13 regions in the three counties in the study live Investors here in Kitui have tried to solve below poverty line. These communities have When asked the context of marginalization, majority mentioned lack or poor road networks some community problems…some of these In Turkana County, majority of the key also been historically marginalized by successive companies have renovated health clinics, policies such as the Northern Frontier Districts in the areas, lack of social amenities, and failure informants and focus group discussants by successive governments to involve local created some employment opportunities to mentioned education scholarship opportunities, Policy and Sessional Paper No. 10 of 1965 on some locals, and bought school chairs for African Socialism12. Based on this, the study communities in key decisions about the region, sinking of boreholes and provision of water fewer or no job opportunities for the locals and some schools in areas where they have set storage tanks by Tullow Oil Company as some sought to establish perceptions of the locals on up their offices. There has also been good the marginalization issue and as depicted in high illiteracy levels which the locals attributed of the benefits received by community members. to poor infrastructure and neglect of the regions and welcome improvement of infrastructure Figure 5, views on the subject were split in an by post-independence governments. such as: construction of roads and sinking almost 50:50 parity.

This showed that the locals were beginning to see possibilities of doing away with the once deep Table 6: Community members’ benefits

Community Benefits Frequency Percent Employment Opportunities 286 43.2 CSR Projects such as schools, churches 104 15.7 Trainings 65 9.8 Scholarships and education opportunities 129 19.5 No response 70 10.6 IDK 8 1.2 Total 662 100.0

4.4.5 Means of Addressing Generally, community members seemed Emerging Conflicts unhappy with the way extractives have been Figure 5: People’s perception on marginalization or are being managed in the three counties. In addressing emerging conflicts, majority of Indeed, more than 58% of residents from respondents indicated that clarity in benefit across the three counties noted that community 4.4.4 Benefits to Community Members processes or were simply disinterested in sharing agreements was critical to avoid members have been deprived of critical community developments. suspicion and simmering tensions among information on the ongoing processes and do In terms of benefits accruing to community community members. This was indicated by members, majority of respondents, 43.2% not feel sufficiently involved in the extraction In Kitui County, majority of the discussants 38.4% of the residents. Respondents also pointed mentioned employment opportunities. Others of resources. A majority of residents consulted mentioned that some of the CSR projects out that there was need to ensure a quota system mentioned scholarships and other education for this study expressed concerns with the top initiated by the investors were helping improve in employment for locals benefited more from opportunities, CSR projects such as schools and secret kind of management of resources which living standards of the locals. Athi River Mining available and emerging job opportunitiesOther churches and training opportunities. seems to have been adopted by most of the Company was mentioned to have bought chairs means of addressing emerging conflicts companies or investors in the counties. This for some schools in Zombe and Mbungi area. mentioned included intensification of Besides, 10.6% of respondents did not respond position was confirmed by key informants who Others mentioned that Erdemann Gypsum sensitization meetings on explorations especially mentioned that residents were not aware of the to the question on how the community was Limited had renovated facilities in a hospital in in ensuring transparency and accountability, likely to benefit from extractive industries. A processes and in most of the times they relied on Mwingi Sub County. 23.3%, enactment of community land ownership newspapers and other media platforms on news paltry 1.2% said they did not know. This shows laws by the county governments, 18.4% and that they were either ignorant of the ongoing of the progress made in extraction of resources ensuring proper compensation of the locals on within their localities. land, 2.4%.

12 Katindi Sivi-Njonjo (2015). LOCAL COMMUNITIES IN KENYA’S EXTRACTIVE SECTOR: From Paternalism to Partnership. Retrieved from: https://www.kirkensnodhjelp.no/contentassets/2a28ebbac27d47e1bf 647844633586d4/ 13 Key informant comments on benefits accrued from investors and other companies prospecting coal in Kitui County. local-communities-in-kenya_s-extractive-sector-from-paternalism-to-partnership-0.pdf

16 17 A key informant in Kitui County mentioned In Turkana County, there seemed to be a good Table 8: Means of winning community support that: level of awareness on the ongoing processes which could be attributed to efforts of Tullow We rely majorly on rumours and media Recommendations on winning support of the communities Frequency Percent Oil Company especially in hiring VSO and, to know what is happening and we are CLOs to sensitize community members on increasingly getting tired of rumours that Organize sensitization and training meetings 124 29.3 the importance of the ongoing processes and we shall be moved from here to pave way also deal with some of the concerns raised by Compensation for effects of environmental hazards 20 3.0 for excavation of coal but no one bothers to community members. explain to the community members what Proper management of toxic waste 11 1.7 14 that entails” Proper involvement of the county government 20 3.0 More employment opportunities for locals than non-locals 71 10.7 Table 7: Means of addressing emerging conflicts Proper legislation on compensation and benefit sharing 58 8.8 Means of Addressing Emerging Conflicts Frequency Percent Factory for refining oil to be within the locality 10 1.5 Clarity in benefit sharing 254 38.4

Quota system in employment to ensure locals benefit 109 16.5 4.4.7 Legal, Policy and Institutional At the local level, the community simply Community land ownership laws by the county governments 122 18.4 Frameworks understood ‘policy’ as a county plan to exploit The mining sector is regulated by the Mining the mines and ensure that as many people as Intensify sensitization meetings on importance of the explorations 154 23.3 Act, Cap 306 which is an adaptation of the possible benefited from the natural resources; Proper compensation 16 2.4 Mining Ordinance of 1933. The Act was revised others understood policy to mean the right of the in 1972 and 1987. It states that all minerals are artisanal miners to exploit the natural resources; No response 7 1.1 vested in the government and may only be while others considered policy to refer to clear Total 662 100.0 issued to any other person subject to processes county strategy for managing natural resources. established under the Act. There are proposed This variation in interpretation of the term mining and petroleum bills that create sharing ‘policy’ is a clear indication of the knowledge formulas, where revenues obtained from the gap among the residents of these three counties 4.4.6 Efforts on winning support of Other views advanced included the need to sector are to be shared between the national and and the need to incorporate them in the policy local communities. ensure sufficient compensation for effects of county governments, as well as communities dialogue and policy formulation processes. There On winning the support of the locals, the study environmental hazards to the locals and proper affected by the mining project. is an outcry over land adjudication processes; identified a number of views from members of involvement of the county government, the need disagreement emerging from difference in The fundamental challenge with the policy and the communities across the three counties. Top to ensure proper management of toxic waste approach by companies interested in extractives legislative framework is its inability to promote of those views included the need to reach out to from the extraction sites and also setting up of and locals about the use of hectares and acres. community members through sensitization and refining factories within the localities as opposed coherence and a clear mechanism by which the training meetings, proper consultations between to other towns and cities. governance of natural resources is to be done. Based on this, 86.3% of respondents were not the investor and community members, ensure First, the laws have been developed without aware of any legal instrument put in place to locals are given priority when job opportunities any robust policy framework to guide the ensure proper management of resources. Only arise as opposed to non-locals, and proper formulation of laws. This is a dangerous process a paltry, 3.8% were affirmative on this issue. On legislations to ensure that community members that may undermine the coherence of the laws further probing, community members seemed were properly compensated. and their ability to provide a clear responsibility to be aware of only the constitution and the guideline on management of natural resources mining bill of 2014 but were largely not aware in the sector. Further, the laws on the extractive of the contents. sector seem to assume the role of the National Land Commission (NLC) as the overall body tasked with oversight of land use which inevitably includes the management of natural 1 A key informant in Kitui commenting on lack of information on the ongoing prospecting of coal in the county. resources found on any land. Interview held in February, 2018

18 19 Both the Mining Act 2016 and the Land Act 2013 such as environmental impact and CSR activities are seen as inadequate because they ‘do not yet they were the most affected. clearly stipulate the role of the National Land Commission’, which has been contested with Based on key informant interviews and focus regard to land lease renewals and cancellations. group discussions, there is need to fast-track Key informants across the three counties noted enactment of Land Bill and Petroleum Bill which that there was need for parliament to review were still pending. The county governments the two frameworks because they seemed were also reported to have prepared several bills inadequate. to regulate the extraction of resources including the Mining Act, Natural Resources Bill, Land Bill, The study also established that there was no Environment Bill and Water Bills which were yet law or policy to guide the mining sector in the to be presented in the county assemblies. There three counties. The research established that is need to sensitize and involve community the Kwale county ministry of Environment and members in preparation of these bills so as to Natural Resources was in the process of drafting ensure community participation and ownership a county legislation act on mining to provide when they are finally enacted into laws and guidance on the steps to be followed from the implemented. initial stages of the mining process, so that they can develop a working relationship and 4.4.9 Issues for Sensitization be fully involved with all the stakeholders. In Figure 6: Awareness on legal, Policy institutional frameworks The study sought to identify gaps in sensitization Turkana, the county government had prepared or areas which community members needed to several bills to regulate the extraction of oil and be sensitized on as a way of ensuring that they gas including the Natural Resources Bill, Land felt part of the ongoing projects. As shown in 4.4.8 Legal, Policy and Institutional were occupying the land before mining started Bill, Environment Bill and Water Bills but none Table 9, a majority of 37% indicated issues of Capacity Gaps were relocated and compensated. There seemed of these county bills had been presented to benefit sharing as the top sensitization issue, The research established that although a to be different understanding and interpretation the assembly. In Kitui, there was no extractive followed by issues on how the community is mining Act 2016 (Article 183, 5), exists, its on the definition of the community mentioned industry policy yet some respondents were of likely to be affected by the ongoing extractions, full implementation is still lacking. The Act in the benefit sharing formulae across and the view that the county had a policy governing 32.2%, issues of environmental degradation stipulates that 70% of the mining royalties go within the three counties. In Kwale, for example, the sector. This shows that there was little and conservation, 14% and finally the issue of to the national treasury, 20% goes to the county residents interviewed in Msambweni felt that community participation on issues regarding conflict management which was indicated by government and 10% should go to the local this 10% should go to the original people who operations of extractive companies in the county 13.4% of the respondents sampled for this study. people where the mining is happening15. On were relocated from the land. National and petroleum products, the proposed petroleum county government representatives and some other key informants felt that the money should bill for 2017 stipulates that the national The top most sensitization issue is on benefit sharing which underscores the levels benefit the people from the immediate locality of government’s share of the profits arrived of expectations among community members from upstream petroleum operations shall be the mining area. A county ward administrator in apportioned between the national government, Kwale argued thus: the county government and the local community The cash should go towards development in a ratio of 75%:25%:5% respectively.16There is projects in the localities where the mineral Table 9: Issues for Sensitization no clear definition of who these “local people is being mined”17. where the mining is happening are”. This is a Issues for Sensitization Frequency Percent problem because in most cases, the people who Additionally, the fact that there exists two Issues of benefit sharing 245 37.0 frameworks which proposes different How the community is likely to be affected 213 32.2 percentages for share of government profits 15 Kenya Gazette Supplement No. 71 (ACTS No, 12); arrived from upstream petroleum and other Issues of environmental degradation and conservation 93 14.0 ACTS 2016. Nairobi, May 2016. Retrieved from: http:// mining operations especially for the community Conflict management 89 13.4 keny alaw.org/kl/fileadmin/pdfdownloads/Acts/Minin- is a source of confusion for community members. No response 18 3.4 gAct_No12of2016.pdf. Total 662 100.0 16National Council for Law Reporting Library (2017). The other legal framework is the Land Act 2013. Kenya Gazette Supplement No. 186. The Petroleum (Exploration, Development and Production Bill, 2017. Retrieved from: http://kenyalaw.org/kl/fileadmin/pdf- 17 A county ward administrator while commenting on downloads/bills/2017/Petroleum_Exploration_Develop- how the 5% mentioned in the agreed benefit sharing mentandProductionBill_2017.pdf on 5th July, 2018. formulae should be shared. Interview held in February, 2018.

20 21 Deposits of copper are found in Mithikwani followed by 32.4% who mentioned limestone CHAPTER FIVE while gemstones are found in Endau Malalani. and finally 17.6% who identified copper as the Iron ore is found in Timboni whereas Blue and leading extractive mineral in the county. COUNTY BASED FINDINGS AND ANALYSIS red sapphires are found in Kanondo-Mwingi The study further established that excavation of and Endau Malalani. Limestone deposits are gemstone was ongoing in Tharaka and Tseikuru, found in and South of Kitui. limestone in Mui, Mutomo, Mutito and Kyuso, These two locations lie in the limestone belt that and gypsum is mined in Mwingi South. specifically covers Mathima, Kanziku and Simisi Artisanal miners were also engaging in sand locations. Limestones is also found in Kanziku, harvesting and gemstone mining. Generally, of Ngaie and Simiti/Mathima. all the minerals mentioned and believed to be found in Kitui County, coal was identified as the However, asked about the extractive resources only one in large commercially viable quantities available in Kitui, respondents mentioned Coal, and has attracted the attention of international Limestone and copper as shown in the table investors. below. Indeed a majority of 50% mentioned Coal,

Table 10: Extractive resources available in Kitui

Resources Frequency Percent

Coal 74 50.0

Limestone 48 32.4

Copper 26 17.6

Total 148 100.0

According to a senior county official in the between Fenxi limited, Great Lakes Ltd and County Government of Kitui, coal deposits are Ministry of Energy, Ministry of Mining, The found in Mui Basin that stretches across four National Treasury and County Government of 5.1 Introduction of 1,012,709 people and covers 24,385.1 km² blocks namely; Block A, B, C and D. The blocks Kitui. The Great Lakes Ltd is a local consortium The study analysed County specific data to (2009 census). The population is largely made run through Zombe, Yoonye, Kathonzweni, partner in the mining arrangement. The of the though there is a growing generate County based perceptions on on-going Mui, Mathuki, Isekele and Karung’a. The coal agreement however did not stipulate how the population of Tharaka, Ameru and Somalis. communities were to benefit at the time leading extractive activities in Kitui, Kwale and Turkana The County has Eight Sub-Counties; Kitui West, deposits in block C and D are estimated at 400 Counties. The analysis took into account the Kitui Central, Kitui Rural, Kitui South, Kitui million tonnes and valued at Ksh. 3.4 trillion ($40 to development of an Addendum. Even with the unique contexts of each county, the extractives East, Mwingi North, Mwingi West and Mwingi billion). The explored coal deposits range from Addendum, the agreement brought divisions and conflict dynamics. Central. The vast majority of the economy is lignite to sub-bituminous with calorific values within the community members with some based on subsistence farming, despite the fact supporting the exploration while others were of 16 to 27 MJ/kg. The mining company which This Chapter provides an analysis of the that agriculture is an extremely challenging against it. This situation of discontent was extractive industry, drivers of conflicts endeavor given the sporadic rainfall. has been exploring and prospecting minerals in evident at the time of carrying out this study. around extractive industries, stakeholders’ Nonetheless, the county has large deposits of the county is Fenxi Industry Mining Company involvement, dispute resolution mechanisms in coal and limestone in Mui Basin. from China. place and residents’ knowledge on legal, policy Asked about the support for coal mining, frameworks and institutional capacity gaps in 5.2.1 Extractive Resources in Kitui Coal is the leading extractive mineral in community members seemed sharply divided, Kwale, Kitui and Turkana counties. Literature reviewed indicate that Kitui County Kitui and exist in large commercially viable with 48% in support while about 46% expressed has numerous mineral deposits namely coal, quantities. Deposits are found in Mui Basin a contrary position. A further 6.1% indicated limestone, vanadium, pyrite, diatomite, stretching across Blocks A, B, C and D. that they had never thought about the discovery 5.2 Kitui County graphite, asbestos, sand, tourmaline, copper, of coal in the county. Kitui County is located in Eastern Region. It wollastonite, epidote, silica, gypsum, amethyst, 5.2.2 Support for Coal Mining is largely an ASAL county and in the local magnesite, gold, silimanite, iron ore, vermiculte, language simply means “a place where iron and ilmenite, and gemstones. The concession agreement for Blocks C and D Those who supported the exploration mentioned goods are made”. The County has a population of Mui Basin was signed on 23rd December 2013 creation of job opportunities as the main reason

22 23 5.2.3 Conflicts around Extractive industries stakeholders consulted for the study20 Based on discussions held with focus group members The study sought to understand conflict and also key informants, community members issues around the extractive industries. As from Zombe and Kalitini expressed concerns shown in Table 12, land is a major conflict over open-cast mining method used in coal issue in Kitui. Indeed of all conflicts issues extraction. They pointed out that this method mentioned, land related conflicts/ issues or of extraction had detrimental environmental misunderstandings accounted for 94.6%. These impacts such as soil erosion, loss of biodiversity, include compensation related issues accounting formation of sink holes, and contamination of for 37.8%, land disputes accounting for 30.4%, underground water. This technique also leads landlessness which was mentioned by 16.2%, to land wastage since land that has been dug resettlement issues with 6.8% and reduction in out can no longer be ideal for farming. The farming and grazing land as indicated by 3.4% study was also informed that the community of the respondents. was not adequately represented during validation of impact assessment report by Figure 7: Support on the on-going exploration This was further buttressed by comments from NEMA. Additionally, their concern on dumping key informants and focus group discussants. of asbestos in Ngai Ndethye, a situation that for their support. Others mentioned improved confusion in terms of what the coal discovery necessitated community protests and media Discussants were of the view that Kitui County standards of living, business opportunities, represents to the community. According to a advocacy for their intervention had not been experiences minimal ethnic conflicts in relation improved infrastructure and increased report by Wasunna et. al. (2017), there exists a addressed. to presence of extractives. Instances of ethnic tourism. There were others too who felt that significant gap between the information seekers tensions between the indigenous communities the exploration would lead to environmental (community/CSOs) and those perceived to be and “foreigners” in the coal mines was minimal. Other sources of land conflict mentioned by pollution, destruction of archaeological sites information holders (national government, However, there seemed to be growing concerns focus group discussants included the internal and community displacement. The fears were companies). The report further mentioned on land related issues especially among family and external prospectors who purchase land believed to emanate from lack of sufficient that the lack of adequate, quality and relevant members. A local leader from Yumbu sub- from Kitui residents at relatively cheap prices information on Benefit Sharing Agreement information has created room for speculation location intimated that: and sell at a later date, accruing profits and (BSA). This could be attributed to information and rumours and this has created suspicion and compensation from coal exploration and mining gap that was visible from interactions with mistrust between the government, investors and enterprises. This has led to tension between the ….land is a serious problem here in community members. There appeared to be the community18. original land owners who feel cheated and the Kitui…….some residents of Yenziu in Mui prospectors. basin were issued fake title deeds.....family Lack of adequate, quality and relevant information on coal mining in Kitui, land disputes as a result of the presence of the Other conflict issues mentioned revolved around fuels rumours which create suspicion and mistrust between the government, extractive industry have nowadays become environmental degradation that accounted for investors and the local community members.” common. This is especially on whether ancestral land with mineral deposits can be 0.7% and disputes on benefit sharing between sold to enterprises in mining sector. There the county and national government as indicated by 2.7% of the respondents. Generally, Table 11: Reasons as to why community members are for or against the on-going exploration are also issues of misuse of compensation funds among family members which this could be attributed to the fact that mining of sometimes lead to tensions between family coal had not commenced and therefore most of Reasons for the on-going exploration Reasons against the on-going exploration members and the mining companies….”19 the issues relates to land as opposed to benefit sharing which seemed to be a common issue in This corroborates report findings from a study Turkana and Kwale counties. Creation of job opportunities Pollutes the environment funded by UNDP and authored by Obiri in 2014 Business opportunities Destruction of archaeological sites which identified a total of ten areas of conflict Land related/ issues or misunderstandings in the County. Conflicts resulting from poor are the major sources of conflicts around coal Improved infrastructure Not benefiting the community or lack of land compensation for communities mining in Kitui as mentioned by 94.6% of were identified by 67% of the respondents as Kitui residents sampled for the study. Improved standards of living Community displacement/ conflicts the leading conflict areas in the county. This was followed by conflicts resulting from poor Unwillingness by the government to compensate community resettlement of people, which was mentioned by Increased tourism members as per the market value 58% of community members and then conflicts 20 Obiri, J. (2014). An assessment report by UNDP on emanating from community and mining extractive industries for sustainable development in company relations as mentioned by 50% of the Kenya. Retrieved on 12th June, 2018 from: http://www. ke.undp.org/content/dam/kenya/docs/Poverty%20Re- 18 Wasunna, M. K., Okanga, J. & Kerecha, G. O (2017). LISTENING PROJECT: Mui Basin, Kitui County. ducti on/Extractive%20Industries%20for%20Sustain- Capturing Community Voices-A First Step towards Informed Dialogue in Kenya’s Extractives Sector. Retrieved 19 Key informant remark on the issue of land related con- able%20Development%20in%20Kenya%20%20As- on 2nd July, 2018 from: http://extractivesbaraza.com/assets/content/PDF/Publications:%20CSO%20Engagement / flicts in Kitui County. Interview conducted in February, sessment%20Report%20.pdf?download THE%20PILOT%20LISTENING%20PROJECT%20REPORT.pdf 2018 in Yumbu sub location in Kitui.

24 25 Table 12: Types of conflicts Table 13: Drivers of conflicts

Type of Conflict Frequency Percent Drivers of Conflicts Frequency Percent Poor or non-existent engagement of communities and other stakeholders 83 56.1 Land Disputes 45 30.4 Inadequate/ unclear benefit sharing plan 20 13.5 Reduction in grazing land 5 3.4 Environmental destruction 4 2.7 National Vs. County Government 4 2.7 Mismanagement of funds 1 .7 Landlessness 24 16.2 Influx of non-locals 2 1.4 Compensation 56 37.8 No land ownership documents 18 12.2 Resettlement 10 6.8 Unfulfilled promises 17 11.5 Environmental degradation 1 .7 No response 3 2.0 Total 148 100.0 No response 3 2.0 Total 148 100.0 5.2.5 Stakeholder Involvement government with very little influence from the Communities in Kitui County seemed divided county government. The study further reported The study noted that due to lack of adequate 5.2.4 Drivers of Conflicts over the adequacy of stakeholders’ involvement that other government agents and agencies like information on issues held pertinent by the In terms of conflict drivers in the county, in coal mining conversations. Despite 46.6% agricultural extension workers, Kenya Water communities, the locals felt that the project may community members expressed concerns indicating that the communities were not Resource Management Authority (WRMA) not benefit them rather impoverish them as over poor or non-existent engagement by the involved, the study learnt that local communities and Kenya Forestry Research Institute (KEFRI) “outsiders” and few accomplices benefit. mining company. Indeed, this was the feeling in Mui basin elected liaison committees to seemed less aware of and did not link the of majority 56.1% of respondents. The study This narrative agrees with findings from a represent the community in matters relating impacts of coal mining to their work. observes that poor community engagement previous study funded by UNDP and conducted to coal project. However, the project had not has led to inadequate information on issues the by Obiri in 2014 which identified lack of proper taken off due to community resistance. With Those interviewed intimated that mining communities hold dear. Other conflict drivers compensation for the displaced communities as support from the Kenya National Commission remained a national government function that identified included the inadequate or unclear the main driver of conflicts followed by none or on Human Rights (KNCHR), local residents has not been devolved and therefore the County benefit sharing plan as mentioned by 13.5% of the poor involvement of community members and have participated in organised public forums Government had no express role to play in respondents, lack of land ownership documents poor land adjudication and lack of title deeds. and conducted civic education on the extractive the whole process22. This shows some level of as indicated by 12.2%, unfulfilled promises by Other drivers of conflict identified during that sector as they advocate for information on the disconnect between the national government the mining company and the government as study included the unclear benefit sharing status of the project. About 51.4% of respondents and county government in terms fronting a mentioned by 11.5% and finally environmental formula, lack of proper communication with seemed satisfied with measures put in place to common position in regards to the coal mining destruction which was mentioned by 2.7% of the communities, poor sensitization including ensure community members are involved in in Kitui. There is need for both the national and respondents. These responses are illustrated in politics and differences among various interests coal extraction processes. Figure 8 illustrates county government to cooperate and consult Table 13. in the County21. This is a clear indication that these responses. within the spirit of the Constitution of Kenya to Community members emphasized on the need there has been very little change from 2014 when make this resource a blessing. There is further According to a study by Wasunna, et. al. (2017), to be sensitized on a number of issues pertaining the UNDP study was conducted and the time of need to involve all stakeholders in the process to stakeholder engagement on Mui Coal Basin the mining of coal in the county. Major issues conducting this study in 2018. ensure a united front in sensitizing community has largely been undertaken by the national identified included compensation, resettlement, members and also dispel rumours and other land valuation, health hazards, shareholding, community fears/ concerns. corporate responsibility and benefit sharing. 22 Wasunna, M. K., Okanga, J. & Kerecha, G. O (2017). LISTENING PROJECT: Mui Basin, Kitui County. Capturing Community Voices-A First Step towards Informed Dialogue in Kenya’s Extractives Sector. Retrieved on 2nd July, 2018 from: http://extractives-baraza.com/assets/content/PDF/Publications:%20CSO%20Engagement / 21 Ibid THE%20PILOT%20LISTENING%20PROJECT%20REPORT.pdf

26 27 and knowhow which was mentioned by 22.3%. is at 12.7 percent23. This translates to also low Others mentioned poor negotiation skills literacy levels and also lack of sufficient or on involvement and poor leadership among necessary skills and know-how to be absorbed in community members as indicated by 16.9% the ongoing mining processes in Kitui County. apiece and finally 13.5% who mentioned political patronage. The issue of political patronage has been a barrier to not only community participation as leaders – especially political leaders – engaged According to the 2014 report by Diakonia, on with one another on different issues touching on Coal exploration and mining in Mui basin, the mining but also to the commencement of coal population of persons with primary school mining in Kitui County. According to Ngoolo education in Kitui County was mentioned as Lydia’s article published in The Star newspaper 74.8 percent which was considered to be above on 15, May, 2018, issues of non-involvement the national average of 66.6 percent. However, Figure 8: Community members’ involvement in extraction of some political leaders by both the national transition rates were found to be low with and county governments in decision making only about 10 percent of the population having on mining in the county seemed to be delaying 5.2.6 Community Members Involvement sharing which are as shown in Table 14. From secondary education while the national average mining processes in the county24. When asked on the levels of community the table, it is clear that Fenxi, Athi River Mining involvement, 41.2% of respondents said that and Xhenhua were engaged in exploration of their involvement was not policy based but Table 15: Barriers to effective community participation in the extractive engagement in casual jobs. A further 6.8% different minerals in the county. Community indicated that community members were sensitization appeared to be spearheaded by engaged as Liaison officers between the Barriers to Effective Community Participation Frequency Percent community and the mining company. This CSOs/ CBOs and FBOs who according to Kitui could be interpreted to mean that very little residents joined hands with County government Illiteracy Levels 44 29.7 has happened since the mining company was officials to promote community awareness on Lack of sufficient skills and know-how 33 22.3 awarded the extraction contract and therefore engagements have been through third parties. the ongoing explorations processes. According Poor negotiation skills on involvement 25 16.9 to the residents, county government and other Poor leadership among the community members 25 16.9 local leaders have been engaging them on issues Elite of political patronage 20 13.5 of benefit sharing though there seemed to be 5.2.7 Community Sensitization No response 1 .7 The study also sought to identify organizations some confusion in terms of what the community Total 148 100.0 spearheading exploration, community was entitled to. sensitization and conversations on benefit 5.2.9 Conflict Resolution Initiatives new team. Community members observed that In regards to conflict resolution mechanisms, the committee safeguarded the interests of few members of society rather than representing Table 14: Organizations involved in exploration, community sensitization discussants highlighted that the County community interests. Moreover, 83.1% of and conversations on benefit sharing Government of Kitui has been attempting to address extractive industry related conflicts respondents felt there were no intervention Exploration Community Sensitization Conversations on Benefit through the Ward Administrators, Members mechanisms put in place to manage conflicts Sharing of the County Assembly (MCAs) and Liaison while only 15.5% believed such mechanism Committee. However, it was established that existed as illustrated in Figure 9. Fenxi County Government County Government contracts of the liaison committee members had Athi River Mining Caritas Local leaders expired and thus there was need to appoint a Nonetheless, organisations such as CARITAS, Xhenhua Ministry of Mining CSOs/ CBOs

23 Diakonia (2014). Rapid assessment of the extractive industry sector in Kitui County: the case of coal exploration and 5.2.8 Barriers to Effective processes. It was noted that illiteracy was mining in the Mui Basin. Retrieved from: https://www.diakonia.se/globalassets/docu ments/diakonia/where-we-work/ Community Participation largely to blame. High illiteracy levels was as africa/kenya-2014-rapid-assesment-coal-mining-kitui.pdf on 2nd July, 2018 a barrier to effective community participation The study sought to establish the barriers to 24 Ngoolo Lydia (The Star, May 15th, 2018). Ngilu proposal for Coal mining queried. Retrieved from: https://ww w.the- was mentioned by 29.7% of respondents. effective community participation in the mining star.co.ke/news/2018/05/15/ngilu-proposal-for-coal-mining-queried_c1758190on 2nd July, 2018 Closely related to illiteracy was lack of skills

28 29 December, 2016, blamed the county government mineral-rich county27. for impeding the start of coal mining in the

Figure 9: Whether there are interventions put in place to manage or prevent conflicts

Haki Madini, and Centre for Human Rights county government leadership as indicated by and Civic Education were found to be 21.6% of the respondents. actively engaged in community training and Based on the findings, it can be deduced that, sensitization. Additionally, the chiefs and elders were commended for their availability to assist conflicts related to coal mining in Kitui are local members in resolving issues arising from closely tied to politics, and non-disclosure the planned mining. Other stakeholders such of information by all the parties involved in as the police and community activists were the exploration of the mineral in Mui basin. also identified to be actively engaged in conflict resolution in the county. Indeed according to Mwaniki, in an article published by the Daily Nation on December 1, Some leaders who were consulted for this study 2017, political intrigues seemed to have stood also acknowledged the Kamba Council of Elders on the way for the mining of coal in Kitui. The for providing leadership to the community on article reported that there seemed to be a conflict mining. According to Diakonia, the entity has between the national government and county been gaining prominence in the county and is government of Kitui on the sharing of wealth being seen by many as a fair arbiter in dispute from the coal mining26. resolution matters involving the community25. Figure 10: Actors bearing the biggest blame on simmering conflicts The entity comprises of retired politicians, In a different article published in the Standard This is a clear indication that community clergy, civil servants and other prominent Digital and authored by Muasya in 2016, it 5.2.11 Actors Best suited to spearhead Peace members trusted their county leadership more leaders from the community. was obvious that politics were to blame for the and Conflict Management Initiatives than any other entity in dispelling rumors which state of confusion in terms of coal mining in the The study went further to inquire on the in most cases seemed to breed tensions among 5.2.10 Actors Bearing the Biggest county. The article reported that the Chinese firm best suited actor in facilitating peacebuilding community members, mining company and Responsibility in coal related conflicts called Fenxi Industry Mining Company (FIMC) In order to propose targeted recommendations, and conflict management initiatives around the national government and also in addressing went quiet after the signing of a concession the study sought to identify actors who bore the mining in the county. As shown in Figure issues which seemed to threaten their peaceful agreement to mine coal in the County’s Mui biggest responsibility in coal related conflicts 11, respondents identified local community coexistence in the county. basin, leaving residents and their leaders baffled in the County. As shown in Figure 10, political leaders (29.7%), county government (28.4%) and and left to speculate on reasons for the delay in leaders were to blame for the stalemate in national government (20.3%) as the preferred commencement of the processes. The Deputy mining of coal in Kitui as indicated by 33.8% of actors to help in championing peace and conflict President, while speaking in Mutomo town the residents sampled for the study. This was management initiatives in the county. Other during an event to commission works on the closely followed by companies involved in the actors mentioned included the CSOs/ FBOs exploration of coal in the county which was as indicated by 8.8% and politicians who were mentioned by 26.4% of the residents and then mentioned by 7.4% of the respondents. tarmacking of –Mutomo–Kitui Road in

25 Diakonia (2014). Rapid assessment of the extractive industry sector in Kitui County: the case of coal 26 Mwaniki, B. (The Daily Nation, December, 2017). exploration and mining in the Mui Basin. Retrieved Coal mining in Kitui yet to start 5 years after the deal was 27 from: https://www.diakonia.se/globalassets/docu ments/ signed. Retrieved from: https://www.nation.co.ke/coun- Muasya P. (The Standard Digital, December, 2016). Political intrigues stall coal mining project in Kitui Coun- diakonia/where-we-work/africa/kenya-2014-rapid- ties/kitui/coal-mining-Kitui-Mui-basin/3444936-42108 ty. Read more at: https://www.standardmedia.co.ke/business/article/2000227177/political-intrigues-stall-coal-minin assesment-coal-mining-kitui.pdf on 2nd July, 2018 12-haptq4/index.html. Retrieved on 2nd July, 2018. g-project-in-kitui-county. Retrieved on July, 2018.

30 31 5.3 Kwale County the activities of the Base Titanium Company. Kwale County is mainly an inland County in Senior National Government officials such as coastal Region. The County is considered to be the County Commissioner and the NPS County administration were key people the research majorly ASAL. It has an estimated population 2 team targeted as respondents. The team also of 649,931 people and covers 8,270.3 km (2009 interviewed other senior national government census). The main ethnic communities in the officials, senior County Government officials as county include the Digo and Duruma clans of well as Civil Society representatives, and local the larger Mijikenda tribe and also a significant community leaders to enrich the study. presence of the Kamba community. The County has four sub-counties; Kinango, Matunga, Msambweni, and . The County has 5.3.1 Extractive Resources in Kwale County several on-going activities such as exploration of limestone at Waa and Titaium at Nguluku and Titanium is the leading mineral found in Kwale Mrima areas. County. This was mentioned by 92.1% of the respondents who added that mining of titanium The study covered Kombani, Tiwi, Diani, by Base Titanium Limited was on-going at Ukunda, Msambweni, Mrima, Kwale town and Nguluku and Mrima. Two other Companies, Matuga all located in Matuga and Msambweni namely Pacific Wildcat Resources Corps Constituencies. This was based on the premise (PAW)-a Canadian firm and its partner, Cortec that most of the County administrative offices, Mining Kenya (CMK) have been prospecting and to some extent, Base Titanium are found for niobium at Mrima Hills.28 Respondents in Matuga while most of the extractions are also identified other minerals, some artisanal in . In the areas and others mere speculations. These included Figure 11: Actors best suited to spearhead peace and conflict initiatives mentioned, the study targeted people who had Gemstones in Kuranze, Coal in Kinango and knowledge on the minerals in the area and Vuga in Kinango Sub-County; Diamonds in its effects on the community. The team also Perani, and Uranium in Mrima in Lunga Lunga targeted people who were directly affected by Sub County. 5.2.12 Emerging Conflicts and other minerals commence, the residents will be contented with the resettlement and Table 17: Extractive Resources in Kwale On conflicts likely to be experienced in the near future, more than three–quarters of respondents compensation plans. Other respondents Extractive Resources Frequency Percent indicated community displacement. Considering identified pollution (for both air and water) as that this remains as one of the current conflict indicated by 9.5%, environmental degradation Coal 2 .8 issue, there is need to put mechanisms in (5.4%) and increased armament of community Titanium 221 92.1 place to ensure that when mining of coal members (2.1%). Oil and Gas 3 2.5

Table 16: Future/ Emerging conflicts Niobium 12 3.8 Fluorspar 2 .8

Future/ Emerging Conflicts Frequency Percent Total 240 100.0 Community Displacement 118 79.7 Reduced grazing land 5 3.4 5.3.2 Community Support on linked to the expectation that Base Titanium Pollution (Air and Water) 14 9.5 Titanium Mining Limited will provide more job opportunities leading to improved standards of living. The Environmental degradation 8 5.4 The study established that more than half (50.8%) of the communities in Kwale support mining company is also expected to provide Increased armament of community members 3 2.1 scholarships and bursaries to students as well the on-going mining of titanium, while 47.1% as create business opportunities. Total 148 100.0 held a contrary opinion. The support could be

28 Mining Sector- Kwale County. Available at: http://www.kwalecountygov.com/index.php?option=com_conte nt&view=featured&Itemid=937. Retrieved on 11th June 2018.

32 33 Based on the key informant interviews and According to senior managers in the company, Table 18: Reasons as to why community members are for or against the on-going exploration focus group discussions, it was also apparent this is done to ensure that Kwale County that Base Titanium Company had a very Government, the local administration, the Reasons For Reasons against the on-going exploration elaborate stakeholder engagement programme political leadership and affected communities are that is increasingly winning the support of the well informed to eliminate misunderstandings Creation of job opportunities Pollutes the environment locals. This was well corroborated by a report on and misconceptions around exploration and to seek support and informed consent. The Base Titanium website which indicates that the Provision business opportunities Destruction of archaeological sites stakeholder programme also seeks to explain company enjoys some good level of trust and the purpose of undertaking exploration, what Improved infrastructure Not benefiting the community support from the locals which could be attributed the exploration involves, and the impact it to a systematic multi-stakeholder engagement will have on communities and highlight the Improved standards of living Loss of grazing land programme employed by the Company before mutual benefits arising out of the exploration 29 Provides scholarships and bursaries Community displacement/ commencing any exploration . programme itself and later in extending the life 30 of the mine . Provision of social amenities Causes and drives conflicts

Health hazards

5.3.3 Conflicts around Extractive industries observed that the squatter status was limiting Studies show that mine related conflicts revolves the farmer’s capacity to use land for sustainable around six issues; land ownership, unfair development. Further, the lack of tittle deeds compensation, inequitable resource distribution, limited farmers’ ability to access credit facilities environmental degradation, mine induced as they could not use the land as collateral. poverty and human rights abuses32. The conflict The issue of landlessness, resettlement and issues emanate from community expectations compensation was mentioned by 12.5%, 10.8% related to compensation and Corporate Social and 9.2% of the respondents respectively. This Figure 12: whether community members support the excavation of extractives Responsibility (CSR). shows how emotive the issue of land is to the locals. On reasons for and against the ongoing the dust and management of waste from the In terms of priority, the main conflict issue As shown in Table 19, other conflict issues exploration and as shown in Table 18, there was company pollutes the environment, it will lead in Kwale was identified as land disputes. A mentioned included environmental degradation an overwhelming support for the exploration. to destruction of archaeological sites, it has led majority 42.5% of the correspondents felt that as mentioned by 12.5% of the respondents, Majority of people consulted for this study to community displacements and also the fact disputes related to land especially resettlement reduction in grazing land and national vs. indicated that the extraction will lead to more that community members were yet to witness of people in different places was not sitting county government misunderstandings as job and business opportunities, improved any direct benefits from the titanium proceeds. well with community members. The study was mentioned by 5.8% of the respondents. These infrastructure as well as provision of social This position on pollution and the fact that informed that most of the people who were findings are in tandem with those in aUNDP amenities such as schools and hospitals. Other locals were yet to experience any impact from directly resettled, or who were evicted from report by Obiri (2014), which identified eleven reasons given for supporting the excavation the exploration of titanium in the county, agrees their pieces of land abhor bitterness with how conflict issues in Kwale County. In the report, included improved living standards and with a protest captured by The Star newspaper the process of resettlement was handled. One environmental related issues were the dominant improved education standards for the locals on the 27th of December 2017. During the KII observed thus: conflict areas in the county. This could be through provision of scholarships and bursaries protest, the locals expressed opposition to the “We have experienced hostile environment attributed to the time differences in the sense for the bright and less fortunate students. on-going mining. They demanded more jobs in the areas we were resettled in. The pieces that at the time of the study, Base Titanium from Base Titanium Limited in addition to an On reasons for not supporting the on-going of land are barren or water logged and can Company had not made any shipment from environmental impact assessment report.31 exploration, majority of respondents mentioned barely produce anything. It is almost like we Kenya and there was excitement and anxiety environmental degradation in the sense that were not compensated”33. with regard to resettlements and compensations. The expectations were therefore different as Nonetheless, the study established that most opposed to 2018 when a lot of activities had taken small scale farmers did not have title deeds and place. For instance in 2014, water pollution, loss 29 Base Titanium, Kwale Project: Exploration – Stakeholder engagement. Retrieved from: http://basetitanium.com / that majority were squatters who lived in fear of landscape (sense of place), environmental kwale-project/exploration on 6th June, 2018. that one day they may be evicted. The study degradation, extra county government levy 30 Ibid 31The Star Newspaper; No Jobs no mining, Kwale Residents tell Base Titanium. https://www.thestar.co.ke/ 32 news/2017/12/27/no-jobs-no-mining-kwale-residents-tell-base-titanium_c1689847. Retrieved on 11th June 2018 Willis Abuya (2016), the extractive industries and society, Moi University 33 A key informant assertions on resettlement of people who were directed affected by the mining business in Kwale.

34 35 and the delays by the Government to provide cultural and political undertones. They were the export permit to Base Titanium Company seen as strangers infringing on other peoples’ to ship out their produce were the dominant land and resources yet they had been legitimately conflict issues34. relocated. Politically, they were also perceived to affect voting patterns in their new areas of abode. The study also established that there existed some The relocated communities therefore intimated level of animosity between community members that they felt unwelcome and were concerned relocated to new areas, and the residents they at the hostility directed to them by their new found in those areas. The newcomers were neighbours. viewed suspiciously with social, economic,

A majority of Kwale residents, 75.8%, identified land related issues as major conflict drivers

Table 19: Types of conflicts

Types of Conflicts Frequency Percent Land Disputes 102 42.5 Figure 13: Drivers of Conflict Reduction in grazing land 14 5.8 National Vs. County Government 14 5.8 5.3.5 Stakeholders’ Involvement They expressed desire to be adequately involved Landlessness 26 10.8 One of the objectives of the research was to especially in conflict resolution channels and employment opportunities. Nonetheless 41.3% Compensation 22 9.2 establish the levels of community and other of community members believed that there was Resettlement 30 12.5 stakeholders’ involvement on matters related adequate engagement of community members, to extraction of minerals in Kwale County. The Environmental degradation 30 12.5 confirming the mining company’s commitment study observed that Base Titanium Limited to “open and frank dialogue”. This could be IDK 2 0.8 had constituted 14 committees among them; understood to mean that either the committees Total 240 100.0 the Mining project Liaison Committee which were more inclined to the company because of acts as the primary channel of communication the direct benefits or community expectations on for affected stakeholders in Msambweni and involvement are way too high than the company Lunga Lunga Sub-counties, the Likoni Liaison can afford or allow. 5.3.4: Drivers of Conflict implementation of the environmental impact Committee and Kwale Liaison Committee. 35 The committees provide for direct two-way The study found that conflicts in Kwale were assessment. These findings illustrated in Figure 14 give engagement with communities in the vicinity of driven majorly by environmental degradation credence to assertions by Haki Jamii in their the Project. One of the senior managers within and poor or non-existent engagement of Other conflict drivers mentioned included study on “Titanium Benefit Sharing in Kwale the Base Titanium Company mentioned that: communities and other stakeholders to express inadequate/ unclear benefit sharing plan County” conducted in 2017. The study indicated themselves or were not adequately represented mentioned by 12.9%, lack of land ownership “The process of establishing meaningful that public participation in decision making in discussions around conflicting issues. This documents as indicated by 10.5%, unfulfilled community engagement is essential to our had not been substantive and determinative, agrees with the UNDP report on extractive promises which was mentioned by 10% and commitment to realising a balanced flow of especially in relation to the choice of industries for sustainable development in Kenya finally perceived mismanagement of funds mutual benefits. The relationships we build development projects by Base Titanium. More published in 2014 which identified improper mainly by politicians and other leaders and with stakeholders are nurtured through than 70% of the respondents in Nguluku and engagement of the community by the investor influx of non-locals as mentioned by 8.8% and open and frank dialogue”36 Bwiti during that study were of the view that the company and the Government and also poor 5.4% of the respondents respectively. projects had not met the needs and aspirations of the local people37. The failure to adequately In spite of this commitment, a majority of involve the local population in decision- community members, 53.3% opined that there was hardly any involvement of the community in the entire process of extraction of titanium. 37 HAKI JAMII (2017). Titanium mining benefit sharing 34 Obiri, J. (2014). An assessment report by UNDP on extractive industries for sustainable development in Ken- in Kwale County: A comprehensive analysis of the law ya. Retrieved on 12th June, 2018 from: http://www.ke.undp.org/content/dam/kenya/docs/Poverty%20Redu ction/ and practice in the context of Nguluku and Bwiti. Extractive%20Industries%20for%20Sustainable%20Development%20in%20Kenya%20%20Assessment%20Re- 36 Base Titanium Limited approach to community Retrieved from: http://www.hakijamii.com/wp-content/ port%20.pdf?download engagement http://basetitanium.com/community/ uploads/2017/10/Titanium-mining-benefit-sharing1. 35 Ibid engagement pdf on 2nd July, 2018.

36 37 making, makes it difficult for the Company to Nguluku locations whose residents were school qualifications and more than 40 percent themselves and plough back capital to the acquire the necessary goodwill to continue or relocated and compensated by the government lacked formal education. counties of origin or away from Kwale. It is expand its operations. This is bound to generate and Base Titanium Company), Msambweni L.C, alleged that this state of affairs leaves the local The local community on their part contend that tensions which if not checked could degenerate Matuga L.C or Kwale L.C, Likoni L.C. According people wallowing in poverty and yet they have a to conflicts and ultimately create operational to them, the membership of the liaison they should be facilitated to learn on the job but big mining project underway in their backyard. and production risks for Base Titanium. committees includes local political leadership are never afforded the opportunity to do so. According to Haki Jamii, the Company has such as the area MPs, MCAs (from specific areas They say that they are only given casual work, The continued perceptions that “non-locals” already experienced resistance from the locals affected), community representatives (every which lasts 3-6 months. The local community were benefitting more than the “locals” could in accessing new land for titanium exploration, village is represented by two people, preferably feels that it is unfair for Base Titanium Company present a potential area of future conflicts if with local communities refusing to allow further a male and a female), youth leaders, women to give jobs to non-locals, who then enrich not addressed. explorations in their land38. representatives, religious leaders and CSO representatives. Table 20: Role of community members in the extraction On their part however, the Base Titanium Company senior officials interviewed during This is a clear indication that community Community Role Frequency Percent the study indicated that through their extensive expectation on involvement goes beyond stakeholder involvement programme, the information sharing to probably a holistic Not applicable 87 36.3 company had established liaison committees involvement ranging from decision making, Casual Jobs 79 32.9 (LCs) in various areas: Lungalunga L.C proper land compensation to even issues of job (comprising residents from Maumba and allocations to the affected locals. Community development welfare 3 1.3 Village socialization officers 1 .4 Liaison officers 2 .8 Security officers 4 1.7 No response 63 26.3 IDK 1 .4 Total 240 100.0

5.3.7 Community Concerns on Exploration explosives to make huge holes in the ground. and Operations This causes a lot of noise and a lot of dust flares Concerns by members of the community on the in the air, affecting nearby residents. Secondly, Figure 14: Community Involvement in Extraction of discoveries in the county impact of the extractions is illustrated in Table the explosives caused cracks on the walls of 21. The fear of losing land ranked highest with nearby houses, hence, residents are aggrieved 37.1% of the community admitting that this by such destruction of their property. This concerned them the most. It was noted that could even pose more serious problems as locals 5.3.6 Nature of Community Involvement from Kwale County.39 The company added that affected residents were concerned about the feared that one day the houses might collapse A further question on the nature of community available jobs require skills and expertise that pieces of land allocated to them saying that the and harm them or lead to lose of property. involvement revealed mixed reactions as most local job seekers lack, and therefore the land was not fertile and therefore cannot sustain tabulated in Table 20. Majority of respondents company resorts to filling such vacancies with their farming activities. Many of those relocated With extraction comes cutting down of trees and alleged that the community only provided cheap skilled personnel through a competitive process to other areas complained of the lack of title flattening of hills, this is closely tied to lossof labour mostly as casual workers and security that is open to the rest of the Counties. This deeds to the new pieces of land. Others only had landscape or nature as mentioned by 5.4% of the guards as indicated by 34.9% of the respondents. corroborates assertions by Laichena in an article letters and receipts as evidence of ownership of residents. The community expressed concerns The local community claim that labour for the published in 2015 by The Star newspaper which the land. They were worried that “outsiders” with the destruction of known archaeological extraction of titanium has been imported from indicated that the shortage of relevant education might come in with title deeds and claim the sites such as mountains, sacred forests and so other areas outside of Msambweni thereby and skills significantly hindered Base Titanium land thereby rendering them landless. on. Community members also foresees a future denying them opportunity for employment. Company from employing locals40. The article of very little or no rain if the water catchment further noted that one percent of locals residing There were also concerns over health hazards areas continue to get destroyed. While officials On its part, the titanium company holds that it has near the titanium mines had a diploma or and environmental degradation which were from the Base Titanium Company confirmed created over 1,300 job opportunities specifically certificate, less than 10 percent had secondary for the locals and that 65% of its employees were mentioned by 26.7% and 18.8% of respondents involvement in extensive rehabilitation of the respectively. Residents expressed fears that areas where mining had been concluded, local pollution of the air by dust from the mining people interviewed for the study felt they were not too sure about the extent and effectiveness of 38 Ibid fields and the pollution of water was likely to such rehabilitation measures. 39 Base Titanium Websitehttp://basetitanium.com/careers/employment cause the community health problems. In the 40 Laichena, J. (The Star, 24th February, 2015). Kenya: Why Kwale Locals Are Not Reaping From Titanium process of extraction, the experts often used

38 39 Findings also revealed deep-rooted perceptions ….we are really disappointed by the According to key informants and focus group function. According to senior officers from that with the ongoing extraction of minerals Titanium Company…over the years they discussants, there is no known or clear dispute the company, any emerging conflict on issues in the area, the soil will be spoiled and all the have been promising all manner of things settlement and conflict resolution structure in the of extraction is addressed at the committee fertility lost, making their land worthless for but we are all worried that we may never county. However the Base Titanium Company level. However, according to other community farming. In Mrima, which is a fertile agricultural witness any direct benefit……since 2014 set up a Community Engagement Department leaders, there was need for the committee to be area, the community had already received when the first shipment was done we are (CED), which has a conflict management more proactive in its interventions. rumours of a possible mining project there in the yet to receive or see any benefits from this near future. Residents were therefore worried project…we really feel short changed.41 about the future impact on the farming activities if a mining project starts in the area. Another concern expressed by the locals included the loss or degradation of social and cultural Community members also expressed concerns values as mentioned by 3.8% of the respondents. over the sharing of resources. This was Community members felt that with land being mentioned by 6.3% of the residents. Since the taken away from them and even talks of phase inception of the mining, the community had II of prospecting underway, there is a growing high expectations of the great economic value concern that they will lose their sacred forests that the Mining Company would bring to the (Kayas), which are their places of worship. There community, and the county at large. Over is concern that relocation of residents to pave the years however, residents say they have way for mining activities is eroding the local barely seen any significant benefits that can be people’s cultural values through desecration attributed to the extraction of minerals by the of their worship sites, cutting of sacred trees Figure 15: Dispute Resolution Mechanisms mining company. Majority expressed concerns among other activities. that the extractive resources may not be of any benefit to them in the end. This was well Table 21: Community concerns on exploration 5.3.9 Barriers to effective to-mouth lifestyles. This is one of the highest summarised by a resident who pointed out that:- and operations Community Participation leading causes of the low literacy levels in the The study observed that there were barriers to county. Parents who have limited education community engagement that were hindering forego many social and economic options sufficient community participation in the mining thereby restricting a family’s opportunity for 42 Community Concerns Frequency Percent of Titanium in the County. As shown in Table upward social mobility. This situation leaves 22, illiteracy levels, poor leadership, and lack of the communities dependant on their leaders Fear of losing land 91 37.9 sufficient skills and know-how were identified to communicate their grievances, which more Environmental degradation 45 18.8 as the biggest factors hindering community often than not, do not represent the community participation. These were mentioned by 27.1%, well, but instead only push for their own selfish Health related issues 64 26.7 25% and 23.8% of the respondents respectively. interests. This is closely tied to poor negotiation skills on involvement of community members as Conflicts on sharing resources 15 6.3 indicated by 8.8% of the respondents. Loss of Landscape (Sense of place) 13 5.4 The study noted that most respondents had secondary education, with more than 6% having Other barriers mentioned included greed Degradation of social and cultural values 9 3.8 no formal education. The situation was worse by some community members and political for women and girls who constituted more than No response 3 1.3 patronage by the elite as mentioned by 10.8% 72% of the respondents who indicated that they and 2.9% respectively. This could be understood Total 240 100.0 lacked formal education. The rural parts of the to refer to leaders or people in positions of county were the most affected by illiteracy levels influence who use the platform given to enrich with residents from Mrima recording the lowest themselves or reward groups of people they levels of education. Illiteracy was therefore consider loyal to them 5.3.8 Dispute Resolution Mechanisms and resolution. Only 25% were affirmative that causing breakdown in communication. This Despite the existence of 14 liaison committees to there were mechanisms in place including local was especially where the mining company used According to key informants, issues related to enhance community engagement, 67.5% of the leadership, peace committees, Community internet as the medium of communication for gender and culture were also barriers to effective locals were not aware of any dispute resolution Liaison Officers, Mining projects Liaison officers job advertisements and other information while community participation. Women seemed mechanism put in place for conflict management and village socialization officers. majority of Kwale residents do lacked access to the internet hence missing out on opportunities. 42 International Journal of Education and Research; Lit- Similar study findings show that most erature Review; Early Childhood Education from a glob- families living in Kwale County earn less than al perspective and Kenya. Retrieved from: http://www. 41 A key informant remark on the issue of community benefits from the Base Titanium Company. Interview conducted Kshs. 10,000 per month, and view early child ijern.com/journal/July-2013/15.pdf on 8th June 2018. in February, 2018. education as a waste of money due to their hand-

40 41 restricted by the local culture to take part in politics. It emerged that some of the political decision-making processes compared to men. leaders trash most initiatives made by the This by extension means that the needs and mining company and other investors especially interests of women were most of the times not those that do not benefit them directly. Some met. This is worsened by the huge gap in male- politicians also incite villagers against the female literacy levels where most girls drop out investors by peddling lies and painting the of school at the primary school level. investors as only out to exploit the community.

Another barrier mentioned from key informant interviews and focus group discussions was

Table 22: Barriers to effective community participation in extractive industry

Barriers Frequency Percent Illiteracy Levels 65 27.1 Lack of sufficient skills and know-how 57 23.8 Poor negotiation skills on involvement 21 8.8 Poor leadership among the community members 60 25.0 Greed by some of the community members 26 10.8 Political patronage 7 2.9 Figure 16: Actors involved in Conflicts No response 4 1.7 Total 240 100.0 5.3.11 Best Suited Actors in Spearheading Figure 17, a majority of 50.4% of the community Peace Initiatives in the County indicated the county government as the best To many people interviewed, it appeared as if placed institution to spearhead peace initiatives 43 5.3.10 Actors Bearing the Biggest the company refuted. Another actor identified the County Government of Kwale was simply in the county. A further 13.3% mentioned the Responsibility in Titanium related was the county government as indicated by not doing enough to ensure that locals benefit local community leaders while 12.5% posited 21.7% of the respondents and a further 14.6% conflicts from the ongoing explorations in the county. that the national government representatives who mentioned the investors. In order to propose targeted recommendations One of the key informant noted that: - were best placed in peacebuilding and conflict aimed at peacebuilding and conflict resolution. management, the study sought to identify On further probing as to how county “….we have seen minerals being individuals or groups bearing the biggest government was involved in causing tensions transported from here, but nothing seems to Other actors mentioned included the CSOs and responsibility in the already witnessed conflicts and misunderstandings between the locals and come back to us….the county government FBOs indicated by a combined percentage of and misunderstandings between the locals and the mining company, a majority of the people keeps assuring that we’ll still benefit but we mentioned the misunderstanding on the issue of 12% and finally the politicians mentioned by the mining company. are beginning to feel like they are not doing cess taxation and also benefit sharing formulae 9.6% of the respondents. enough to ensure that we benefit from these As shown in Figure 16, 50.8% of the local which is still unclear to majority of the residents. explorations….”44 community members felt that political County government remains the best leaders bore the largest responsibility on the Just like in Kitui, politicians bear the biggest Tied to this, the locals still gave a vote of suited actor to spearhead peace initiative already witnessed conflicts. This assertion is in the county especially on issues around responsibility to the already witnessed confidence to the county government when asked corroborated by an article published by “The conflicts and misunderstandings between the ongoing explorations in the county about the best suited actor to spearhead peace Star” newspaper where a politician is blamed the locals and the mining company for causing havoc at the Base Titanium alleging initiatives in the county and especially on issues that the company was not giving opportunities around the ongoing explorations. As shown in for employment to the locals, assertions which

44 A key informant remark on the role of county government on benefit sharing. Interview held in Msambweni in 43 See more at: https://www.the-star.co.ke/news/2017/12/27/no-jobs-no-mining-kwale-residents-tellbasetitan ium_ February, 2018. c1689847. Retrieved on 12th June 2018

42 43 deeds, claiming ownership of land and yet some on they were told to vacate. Some respondents of the local people have title deeds to the very claim that the ones who were hesitant to leave pieces of land being claimed by ‘outsiders’. In their homes were removed by force, even a recent case, a confrontation occurred between though they were compensated. They also feel local residents and bus ferrying people alleged that the lack of involvement of the community coming from and Murang’a counties is the main source of misunderstanding and who were claiming ownership of a large piece of misinformation that has characterized their land in the area. Local residents almost turned relations with the national government and the violent as they chased away the ‘strangers’. The Base Titanium Company exacerbating conflicts matter is yet to be resolved. within the community. This however is not the same information that the Base officials gave. A fourth emerging conflict relates to What the community wants is for them to be compensation for land acquired to pave way involved but the Base Titanium officials argued for extraction of titanium. Many of those that there has been sufficient involvement. They interviewed for the study argued that the accuse the local people of having too high and compensation given to those who were relocated unrealistic expectations. to pave way for the mining company to start operations was not enough and does not match Ineffective communication was also identified as up to the value of the land they previously providing fodder for current and future conflict owned. According to the information given by an issues. This is coupled with ignorance and lack Figure 17: Best suited actors to spearhead peace initiatives official from the Environment and Community of information. From key informant interviews, Affairs Department at the Base Titanium, those it emerged that majority of community members affected were paid Ksh. 80,000/- per acre, and did not understand that once they had been another amount equivalent to the property they compensated and relocated, they did not have 5.3.12 Emerging Conflicts by the government for sugar production. had on the land. The people affected insist that any claim to the ancestral land and so upon The onset of Titanium mining in Kwale has Some squatters moved into that land and later the compensation was not enough, arguing discovering that - this was the case, some tried occasioned conflicts pitting the local communities KISCOL evicted them without relocation nor that relocation denied them the benefits of their to reclaim and repossess their land but they with the Base Titanium Company, the national compensation since they had no legal claim to the mango and coconut trees which took many years could not be allowed. From conversations with government and the county government as land. When Base Titanium Company relocated to mature and have been a source of livelihood some of the affected people, the concepts of well as between the communities themselves. and compensated affected communities from for generations. relocation, compensation and the rights to access Based on key informant interviews, focus group Msambweni to Bwiti location on the border of their land after relocation was not properly discussions held and also from the household between Msambweni and Lunga Lunga Finally, with reports emerging that the Titanium understood by the affected communities. questionnaires, the following were identified as constituencies, those evacuated by KISCOL mining company is set to start mining in emerging conflict issues in Kwale County. began complaining that they had been evacuated new areas in Msambweni Sub County, those Health concerns were also raised as a conflict from their ancestral land without compensation interviewed for this research strongly expressed issue. It emerged that communities feared Land was identified as both a current and also a or relocation by KISCOL. It is said that minerals their opposition to relocation. They argued that that the minerals extracted by Base Titanium factor in future conflicts in the county. This study have recently been discovered in the land around they will not accept to be relocated from their were radioactive. Frequent sicknesses have identified five different ways through which this area and now those squatters want to sale the ancestral land owing to the experiences of the been blamed on the extraction of Titanium, land is either causing or likely to cause conflicts land to Base Titanium Company. Base titanium last round of relocations. The most affected thereby breeding conflict. There are murmurs in the county. The first one revolves around says it cannot buy the land since it is leased to areas are: Kinondo, Mwaka, Zigira, Mazaoni that a good number of local people working the dissatisfaction of the people displaced from KISCOL. On its part, KISCOL wants the squatters and Maweche. for the mining company cannot bear children. their ancestral land to give way for extraction to vacate the land. According to an official from Infertility is therefore associated with the of Titanium by Base Titanium Company. These Base Titanium, the government leased the land Another issue identified was lack of community extractive activities, thereby breeding conflict people contend that the new areas to which they on the basis of blocks but minerals overlap such involvement. Community members feel that between the local people and the management were relocated are either too waterlogged or too blocks such that they are found in land owned since the mineral is in their locality, they deserved of Base Titanium Limited. dry, hence have little economic value compared by Base Titanium and that owned by KISCOL. to be involved in all the processes leading up to the land they previously owned, that was In Nguluku, Pingirika, Dzimbwage and Vumbu to the extraction of the minerals right from Another current and future conflict issue is taken away from them. Complaints have areas, people now want compensation in the the initial stages. They say this was not done. high community expectations. Community therefore continued. There is bitterness amongst same way Base Titanium compensated others. When the discovery was made, they were not members had very high expectations in terms some of the local people who feel short changed Unless the matter is handled carefully, it is likely adequately involved. The community believes of infrastructural improvement by the Base and cheated. to lead to a serious conflicts in the near future. that the residents should have been told of what Titanium company such as building of schools, had been discovered on their land, how it would hospitals, roads, better housing, scholarships The second conflict revolves around ownership A third emerging conflict around land ownership benefit them, and every other plan thereafter. and bursaries to students. They claim that the of land that was leased some years ago to Kwale relates to recent happenings where there have Instead, none of this happened. They were not process required for earning these bursaries and International Sugar Company Limited (KISCOL) been cases of strangers mainly from ‘upcountry’ prepared for what was to come and all they saw scholarships are too complicated and almost coming to the region with newly acquired title was the experts prospecting the land and later designed to ensure that the students do not earn

44 45 them. Gaps in the community expectation and Respondents also complained that Base 5.4. TURKANA COUNTY gold, gypsum, silver and geothermal energy. the reality of what has so far been offered to Titanium Company had sunk many boreholes Turkana County is situated in the North Western Only oil and gas have seen major investment in them have caused a lot of friction. and collected the water for use in their mining part of Kenya. The County is administratively the county, as gold mining remains at artisanal activities. Existing boreholes were drying up. divided into 7 sub-counties, 30 wards, 56 levels. The first consignment of crude oil from The issue of labour still remains a conflict issue Residents accused the mining company of locations that are further sub-divided into 156 Turkana destined for export from Kenya was in Kwale. The local community claim that labour draining the area of water. People complain sub-locations. The county population during flagged off by President Uhuru Kenyatta in for the extraction of Titanium has been imported 45 that the low water levels have led to withering the Kenya Population and Housing Census of June, 2018 from other areas outside Msambweni thereby of vegetation along the coastline, and dams 2009 stood at 855,399. The county is endowed denying them opportunity for employment. have robbed the area of crocodiles whose river with many natural resources including sun, oil On its part, the titanium company holds that 5.4.2 Support for the On-going Excavation habitats have been destroyed. According to and minerals like gold. It is deemed to have the available jobs require skills and expertise that The study sought to gauge residents’ support the residents, crocodiles were concentrated largest gold deposits in the country in Kwale most local job seekers lack, and therefore the County. for the ongoing excavation and as shown in company has no choice but to fill vacancies with in one area, and had become a danger to Figure 18, majority of the respondents (79.2%) the local community. Residents seemed to skilled personnel through a competitive process. For the purpose of this study, a lot of focus was on were in support of the extraction while 20.8% question the process involved in conducting an This is a recipe for conflict. . Lodwar and Lokichar towns. This was informed were against the extraction. The overwhelming Environmental Impact Assessment (EIA) before by the concentration of oil around Lokichar and support for the extraction could be attributed Environmental concerns have been a conflict the mining plant started operations. Further, the presence of key government institutions in to the repeated promises by the country’s issue since the project began in the county. A residents complained that during the dry season, Lodwar. Lokichar was the main sample area leadership that all the community concerns will number of environmental related issues were the water in the area changes colour and turns given that a total of 21 appraisal wells have be addressed and also the agreed formula of identified as being responsible for emerging green due to what they claim are chemicals from been drilled in South Lokichar by Tullow Oil sharing the oil proceeds between the national, conflicts around the extraction of Titanium the mining plant that are contaminating the Company. Furthermore, starting with success at county and the community members. In the in Kwale. The first one relates to dust. Many water, rendering it harmful to their health. Ngamia 1, the operation has been concentrated in agreed share plan, the County Government of respondents noted the Base Titanium plant was the South Lokichar Basin with success recorded Turkana will get 20% of the revenues, community emitting a lot of dust during excavation of the Community members also feared that there is a at the Amosing, Twiga, Etuko, Ekales-1, Agete, will get 5% while the national government will mineral and this was negatively affecting the 46 likelihood of increased armament of community Ewoi, Ekunyuk, Etom, Erut and Emekuya retain 75% . health of those living near-by. For instance, members to protect their interests in the future oil accumulations. residents argued that rising cases of respiratory Some of the reasons given by the respondents for and also continued transformation of their supporting the ongoing excavation included the diseases were related to the dust being emitted 5.4.1 Extractive Resources in Turkana by the Base Titanium plant. Secondly, due to the cultural values as a result of infiltration of ‘non- opportunity for job creation as indicated by 31% high demand for water in the mineral extraction locals’ into their communities. The main extractive resource available in the of the respondents, the expected improvement process, (an official from the Base Titanium region is oil and gas but according to the residents, of communities’ living standards as indicated Mining company observed that 80% of the Based on this, there is need to closely monitor there are other minerals in the region such as extraction process requires use of high amounts and follow up on issues raised so as to More than 79% of locals in Turkana County of water), the mining company has therefore adequately sensitize the locals on some of the support the ongoing extraction of crude oil dug dams in many areas, limiting the water fears raised, dispel rumours where possible and going to the sea. Residents contend that this has also address some of these emerging conflicts in robbed them conducive environment to nurture order to ensure that future conflicts are averted prawns and other types of fish, thereby affecting or managed. Table 23 illustrates responses the local economy and robbing people of regarding future or emerging conflicts in Kwale their livelihoods. County.

Table 23: Future or emerging conflicts in Kwale

Conflict Issue Frequency Percent Community Displacement 111 46.3 Figure 18: Support on the ongoing excavation Reduced grazing land 21 8.8 Pollution (Air and Water) 47 19.6 Environmental degradation 37 15.4 45 A report by Bashir Mbuthia for Citizen Digital. Historic moment as Uhuru flags off Kenya’s first crude oil exports. Increased armament of community members 8 3.4 See more at: https://citizentv.co.ke/news/historic-moment-uhuru-flags-off-kenyas-first-crude-oil-exports-202685/ re- trieved on 8th June, 2018. Infiltration of non-locals and culture change 6 2.5 46 IDK 10 4.2 A report by Letting Joan (June, 2018). Jeers and cheers as Uhuru, Nanok agree on oil revenue share plan. Retrieved from: https://www.standardmedia.co.ke/business/article/2001282584/jeers-and-cheers-over-oil-revenue-share-plan Total 240 100.0 on 8th June, 2018

46 47 by 24.6%, increased business opportunities benefit the community members, fear of pollution Additionally, Turkana residents, most of who are security, opportunities for employment, tenders as mentioned by 8% of the respondents and to the environment and the accompanying pastoralist, could be fearing that their grazing and contracts for supply of goods and services expected improvement of infrastructure health hazards and finally destruction of land will diminish over time as the oil was as well as direct benefits accruing from the oil- mentioned by 1.8% of the respondents. archaeological sites. discovered in areas where they normally graze mining. This resulted in huge losses estimated their animals during the dry seasons and long to be over KSh400million48. A series of meetings The reasons given against the excavation dry spells. These lands, seemingly unoccupied, involving the local community leaders, County included the fear that the oil proceeds will not are also paths to the rivers and traditional Government, National Government and the migratory routes of the nomadic communities. Investors were held to resolve this impasse. There is therefore need to reach out and sensitize Table 24: Reasons as to why community members are for or against the ongoing exploration According to the residents, the affected community members on the agreed revenue communities were also displaced without sharing formulae, the long-term impact of the Reasons for the ongoing exploration Reasons against the ongoing exploration compensation for the loss of access to these lands. mining so as to win their support. This was mentioned by 15.3% of the respondents Creation of job Pollutes the 31% 3.3% who indicated that displacements without Other conflict areas mentioned included issues opportunities environment compensation was a major conflict area which of resettlement as mentioned by 6.6% of the needed to be addressed. In addition, the land is respondents and environmental degradation Destruction of Business opportunities 8% 0.4% owned by community and not individuals thus (5.1%) as a result of the ongoing excavations archaeological sites making it difficult for the residents to negotiate which according to the residents has resulted Improved Not benefiting the access. in destruction of archaeological sites especially 1.8% 6.9% infrastructure community along Kerio River. Another major conflict area mentioned was the Improved living 24.6% Health hazards 2.6% fluid inter-governmental relations between the Discrimination in employment and job groups/ standards National Government and Turkana County cadres was also mentioned as a conflict area by Scholarships and Government. This was mentioned by 20.8% the key informants. According to the residents, 4.7% Loss of grazing land 1.4% of the respondents interviewed for this study. there existed some sort of imbalance on how bursaries For the longest time in Turkana, there seemed recruitments and promotions were being done Community to exist some misunderstanding on revenue by the different investors in the county. This was 1.8% Displacement/ conflicts sharing as the county government negotiated for well surmised by one of the key informant who a bigger share than the national government was noted that: Unwillingness by willing to give. the government ……expatriates and non-locals are given Provision of social 4.4% to compensate 0.4% Initially, the community members through their high ranking jobs even where similar amenities community members leaders were clamouring for 10% of revenue qualifications exist within the local work as per the market value allocation while the county government was force. Also the residents of Lokichar are insisting on 20% but the national government not happy on the company’s criteria of through a parliamentary bill sought to allocate employment…. 49 community members 5%, county government 5.4.3 Conflicts around Oil and land related factors were increasingly becoming 15% and retain 80% at the national level. This was This could be a major conflict area if not properly Minerals Mining major sources of conflicts in the county. therefore, a major conflict area which has since addressed by the investor and government In order to propose better ways of dealing with A key informant mentioned that been resolved. The stand-off was intense during administrators in those localities. There is need conflict and promoting peaceful coexistence, the the first phase of Devolution 2012-2017 but was to establish a balance or a criteria such that study sought to identify the most common types “…some community members bordering later resolved when the national government locals are given priority when opportunities of conflicts around oil mining in the county. the area where oil has been found during ceded ground. However, it resurfaced in mid- arise and especially in-cases where locals meet As shown in Table 25, land related conflicts prospection have been attempting to expand 2018 when residents staged demonstrations and the minimum qualifications. seemed to be the most common as mentioned by their territory and move their boundaries blocked Tullow Oil trucks from transporting 25.9% of the respondents. A further 15% of the into areas where there is oil so that they too crude oil to demanding improved respondents mentioned loss of grazing land as can be beneficiaries of the KShs. 7 million a source of conflict. This was buttressed by key land access fee...47 informants who mentioned that land and other 48 See article by Mathews Ndanyi in The Star newspaper, 24 September 2018: Sh400 million lost in Turkana’s Tullow oil protest. 47 A key informant remarks during an interview held in Lokichar in February, 2018 while responding to a question on 49 Key informant comments on discrimination in job groups for the locals. Interview conducted in February, 2018 in the most common types of conflicts in Turkana County. Lokichar, Turkana County.

48 49 Table 25: Types of conflicts through building consensus on the revenue influential local leaders. According to residents, sharing agreement for the oil. In addition, the tenders for supply of materials, transportation Type of Conflict Frequency Percent building bridges initiative that resulted from services and general goods are controlled by the famous “handshake” between H.E President ‘outsiders’ and local powerhouses. Land Disputes 71 25.9 Uhuru Kenyatta and Rt. Hon. Raila Amolo Reduction in grazing land 41 15.0 Odinga on 9 March 2018 has since contributed These claims give credence to findings by a to improved relations between Turkana County National Vs. County Government 57 20.8 study done by Ekai Kaoo on how the discovery Government and the national government. of oil in Turkana County has affected Kenyans Landlessness 31 11.3 which reported claims by the locals that Tullow Compensation 42 15.3 Other conflict drivers identified by respondents Oil Company was allocating jobs to people included communication barriers due to high from other areas in Kenya and side-lining Resettlement 18 6.6 level of illiteracy which seemed to lead to those from the Turkana community. The report misunderstanding between the community Environmental degradation 14 5.1 further claims that that job advertisements were and the investor. This also seemed to limit the Total 274 100.0 community’s understanding of legal, industrial being done in Nairobi away from vicinity of and estate context leading to unreasonable the locals and therefore disabling them from 5.4.4 Drivers of Conflicts of the respondents. Other drivers of conflicts demands; perceived biases in allocation of applying. It further alleges that the same case Drivers of conflicts identified in the study mentioned included the influx of ‘non-locals’ tenders and contracts for supplies. Community applies for tender allocation in Tullow Oil are as shown in Table 26. Majority of the as indicated by 4.4% of respondents, lack of members expressed concerns that they had Company in which the company is accused of respondents (33.8%) identified poor or non- land ownership documents as narrated by 7.3% been left out of major tenders and contracts for awarding tenders of supplying meat, charcoal existent engagement of communities and other of the respondents which makes engagement supplies as the company seemed to be inclined and vegetables to the people of town and with the oil investors on compensation difficult 51 stakeholders in the ongoing processes. Based to allocate most of the contracts to non-locals and Nairobi city in Kenya . on key informant assertions and discussions and unfulfilled promises by the investor and held with focus groups, there seemed to be an government which accounted for 2.9%, majorly Table 26: Drivers of conflicts existing perception that there was improper or in terms of job opportunities and revenues. insufficient involvement of communities in the Drivers of Conflict Frequency Percent oil and gas discussions. Inadequate community engagement, unclear benefit sharing plan and Poor or non-existent engagement of communities The residents felt that they were not fully environmental destructions are the 78 33.8 involved in discussions on alienation of oil- major drivers of conflicts in the ongoing and other stakeholders pads, drilling plans, processes and also during extraction of Oil in Turkana County. the exploration period. Other incidences where, Inadequate/ unclear benefit sharing plan 67 29.8 it was felt there was little or no consultation included the designation of unsuccessful On the influx of ‘non-locals’, residents Environmental destruction 60 21.9 exploration sites as toxic waste dumping complained of biases in recruitment by the Influx of non-locals 12 4.4 sites. This was also highlighted in a report by investor. According to the residents, the biases No land ownership documents 20 7.3 Cordaid in 2015 which mentioned that there is manifested in the employment of ‘nationals’ inadequate involvement of local communities from outside the county and expatriates in Unfulfilled promises 8 2.9 in the decision-making of ongoing projects higher positions in the company while the Total 274 100.0 especially on oil exploration. The report further ‘locals’ are limited to menial blue-collar jobs. mentioned that apart from occasional visits by The community believes that there is enough Members of Parliament (MPs) and other county- capacity within their ranks to take up higher 5.4.5 Stakeholders’ Involvement level politicians, most local communities in levels such that some forms of involvement were positions, but their upward mobility and In order to understand major conflict areas not recognized by some people or community Turkana had not yet had meaningful interaction progression is unfairly throttled. with national and county level decision-makers in the county, the study sought to also gauge members were simply not aware of the ongoing on oil exploration and extraction50. the stakeholders’ involvement in the ongoing processes. There is therefore need to sensitize Through key informant and focus group extraction of oil and gas. As shown in Figure 19, community members on the ongoing processes This was followed by inadequate or unclear discussions held, lack of cooperation a majority of the respondents County felt that to ensure that they are aware and also win their benefit sharing plan as mentioned by 29.8% and between the national government and county there was some good level of involvement in the support and willingness to be involved in the environmental destructions as posited by 21.9% government was also identified as a driver of ongoing oil and gas processes as indicated by processes. conflicts in the area: Based on the discussions, 54.4% of the respondents. Those who were of a it was clear that there existed some disquiet contrary opinion stood at 45.6%. 50 Oil exploration in Kenya: success requires consul- between the two levels of government with the This could be interpreted to mean that the issue of tation. An assessment of community perceptions of oil county demanding more than the national was community involvement was either at different exploration in Turkana County, Kenya. Retrieved on 8th willing to give. There was also a political angle June, 2018 from: https://www.cordaid.org/media/med into this uneasiness with the county government ialibrary/2015/09/Turkana_Baseline_Report_DEF-LR_ being allied to opposition politics as opposed to 51 See more at: http://www.zakenya.com/jobs/how-discovery-of-oil-in-turkana-county-has-affected-kenyans.html. Cordaid.pdf the ruling party. This has since been addressed How Discovery of Oil in Turkana County has affected Kenyans. Retrieved on 8th June, 2018

50 51 forums for benefit sharing dialogues. Friends especially on its activities and also made it of Lake Turkana (FOLT) and DDG are key in possible for community members to request sensitizing the community on benefit sharing, information and submit grievances…... rights and legal framework. Key informants but sometimes we feel as if these officers and focus group discussants, singled out Tullow are a barrier to meaningful consultations Oil Company for their attempts in sensitizing between us and the company because most community members through employing of the time they are ill-informed or they just numerous Community Liaison Officers (CLOs) lack any authority to do anything…….”53 and Village Socialization Officers (VSOs). These officers either have strong connections to, or are Majority of community members as mentioned from, the local communities in close vicinity by key informants and focus group discussants, Figure 19: Community members involved in extraction to the operations of the oil companies. This still considered Tullow Oil Company as a was mentioned as both negative and positive ‘closed’ organization and were not satisfied 5.4.6 Level of community It is clear that level of involvement is at middle especially in-terms of their value addition. One with the methods and content of information members involvement to lower levels of operation. This corroborates of the key informant consulted in this study shared. There were feelings that Tullow was findings by Cordaid on Oil exploration in Kenya summarised this by positing that: - The study further sought to gauge the level not disclosing all the information. Community of community involvement in the extractive which relying on data from Tullow Oil and members also felt that VSOs and CLOs had industry in Turkana County. As illustrated in CEPSA reported that the two companies as well “…….the hiring of CLOs and VSOs by Tullow Oil Company and the subsequent become agents of Tullow, who spied for the Table 27, majority were casuals as indicated by as their subcontractors sourced the majority opening of offices in several communities company within the community, instead of 20.1%, followed by liaison officers as posited of their employees from the local population, in general has helped in dissemination defending community rights. by 14.2% and village socialization officers as primarily for semi- and unskilled jobs. According mentioned by 12% of the respondents. Other to the report, in 2014, Tullow Oil had just over levels of involvement mentioned included 100 permanent staff in Kenya out of which 70% Table 28: Organizations involved in exploration, community sensitization and conversations on security officers at 3.6% and finally community were from Kenya52. benefit sharing development welfare as mentioned by 0.7% of the respondents. Conversations on Benefit Exploration Community Sensitization Sharing Table 27: Community members’ involvement Tullow Oil Company County Government Turkana County Government Community members’ involvement Frequency Percent Africa Oil and Gas Cooperation Friends of Lake Turkana (FOLT) Local leaders Not applicable 120 43.8 Legal Resources Foundation National Government Casual Jobs 55 20.1 (LRF) Community development welfare 2 .7 CSOs/ CBOs FOLT Village socialization officers 33 12.0 Turkana Natural Resources NEMA Liaison officers 39 14.2 Group Security officers 10 3.6 Kituo cha Sheria LRF No response 15 5.5 Kenya Land Alliance Total 274 100.0

5.4.7 Community Sensitization and and CBOs operating in Turkana County while 5.4.8 Community Concerns and cultural values as mentioned by 4.7% of the Conversations on Benefit Sharing conversations on benefit sharing were driven On the community concerns, a majority of the respondents. The study also sought to identify organizations by the county government and community residents, 33.2% indicated concerns on sharing According to key informants and focus group spearheading exploration, community leaders. The main organization investing of resources, followed by fear of losing land as discussants, the issue of land is a serious concern sensitization and conversations on benefit in oil exploration is Tullow Oil Company. indicated by 26.3% and health related concerns among the locals. One of the key informant sharing which are as shown in Table 28 below. Tullow operates as a set of affiliate companies as mentioned by 17.5% of the respondents. Other interviewed noted that: It was evident that community sensitization including Tullow itself, Africa Oil and Centric concerns mentioned included environmental initiatives were majorly driven by NGOs, CSOs Energy. A number of CSOs are involved in degradation 10.9%, loss of landscape or sense “..many investors in the county are buying community sensitization and in convening of place 7.3% and finally degradation of social land close to oil wells claiming the land

52 Oil exploration in Kenya: success requires consultation. An assessment of community perceptions of oil exploration in Turkana County, Kenya. Retrieved on 8th June, 2018 from: https://www.cordaid.org/media/med ialibrary/2015/09/ Turkana_Baseline_Report_DEF-LR_Cordaid.pdf 53 A key informant comment on community sensitization by the Tullow Oil Company. Interview held in June, 2018.

52 53 will be used as the nature conservancy yet into the county as a key concern. Majority of Lack of sufficient skills and knowhow on patronage featured prominently among the key the community is aware that it a strategy people interviewed mentioned that Turkana issues of oil and gas was also highlighted as a informants and focus group discussants. The to acquire land for business purposes. community who are the dominant tribe in the barrier to effective community involvement groups narrated a case where some Turkana Powerful people are also grabbing land…. County is known for certain values which are in extraction processes. This was indicated by leaders used to fund demonstrations against this is slowly becoming a serious issue.....54 likely to be eroded with influx of people from 19.7% of the respondents. The factor is closely Tullow Oil Company as they demanded tenders other communities to the county. tied to illiteracy in the county. Other factors and other benefits from the company. This On health hazards respondents noted that there mentioned included lack of platforms by the corroborates findings by an investigative piece were concerns with how some of the chemicals Other concerns mentioned included the fear of locals to directly negotiate with the investor as which featured on The Standard Newspaper used were being disposed. A key informant external conflicts with neighbouring countries indicated by 15.3%, poor leadership among the on January 14, 2014 which alleged that some reported that: - and increase in insecurity as it has been the community members which was mentioned by Turkana leaders actively organized and funded case in Syria, Libya and Nigeria as a result of oil 14.6% of the respondents and finally greed by protests against Tullow Oil Company. ...during open Gas flaring in 2014 in Twiga discoveries, high crime rate in major towns in the some of the community members and political 2, Kapese area, many people are reported to county, immorality and drug abuse. They also elite patronage as indicated by 13.5% and 4.4% In the report, the writer indicated that some have gone blind, high number of livestock cited change of lifestyle, that is, their pastoralism respectively. locals confessed to having been paid a down died, children were born with disabilities might be eliminated, and the fear that at some payment of Ksh. 100 and promised a similar and a lot of miscarriages were reported. point the government might use force to deprive Issues of poor leadership, greed by some of balance to take part in the protest56 Also poor disposal of chemicals used in them of their rights and entitlement. Oil being the community members and political elite extraction has posed a serious health hazard a non-renewable resource the community also to community members…55 fears that the County might be left with many Table 30: Barriers to community participation in excavation processes damages than benefits after they are done with Key informants also identified loss of local extraction. Barriers to effective community participation Frequency Percent culture due to trooping of other communities Illiteracy Levels 89 32.5 Lack of sufficient skills and know-how 54 19.7 Table 29: Community concerns on the ongoing excavation Poor negotiation skills on involvement 42 15.3 Community Concerns Frequency Percent Poor leadership among the community members 40 14.6 Fear of losing land 72 26.3 Greed by some of the community members 37 13.5 Environmental degradation 30 10.9 Political elite patronage 12 4.4 Health related issues 48 17.5 Total 274 100.0

Conflicts on sharing resources 91 33.2 5.4.10 Dispute Resolution Mechanisms no known strategies put in place to manage conflicts. This is as indicated by 74.8% of the Loss of Landscape (Sense of place) 20 7.3 The study sought to establish various mecha- nisms put in place to deal with disputes arising respondents interviewed for this study. The from extractives in the county. remaining 25.2% of the respondents held a Degradation of social and cultural values 13 4.7 contrary opinion and affirmed that there were As shown in Figure 20, majority of the indeed some strategies put in place to manage Total 274 100.0 respondents were of the opinion that there were conflicts arising from extractives in the county.

5.4.9 Barriers to Effective Community high levels of illiteracy in the county as the Figure 20: whether there are strategies put in place to manage conflicts Participation major barrier to community involvement. This Based on continuous accusations by the locals confirms an earlier finding that majority of the that they were being side-lined in certain respondents who indicated that they had no specialised job opportunities and tenders which formal education, more than 77% were from sometimes even resulted in conflicts with the Turkana. Considering that the respondents were investors, the study sought to identify barriers randomly sampled, this can easily be inferred to effective community participation on the to mean that illiteracy levels were higher in ongoing processes. As shown in Table 30, a Turkana than in the 2 other counties selected for majority of the respondents (32.5%) identified this study.

54 Key informant remarks on community concerns of losing land. Interview held in February, 2018. 55 Key informant remarks while explaining the health hazards posed by management of wastes from 56 Ngetich Jacob, (Tue, January 14th, 2014). The Standard. How Turkana leaders paid for protests. Available at: https:// the extractives. www.standardmedia.co.ke/article/2000102259/how-turkana-leaders-paid-for-protests. Retrieved on 8th June, 2018.

54 55 When asked to name some of the known 5.4.11 Actors bearing the biggest 20.4% of the respondents and then the national Politicians, local community leaders and finally strategies, a few interventions which bordered responsibility for conflicts in Turkana government through the NGAOs as indicated FBOs were mentioned by 15.3%, 11.7% and on the pursuit of transparency, rights and In order to propose targeted recommendations, by 16.1%. 1.8% respectively. revenue sharing were mentioned. Civil society the study sought to identify actors who bore Just like in Kitui and Kwale counties, politicians in Turkana bore the biggest responsibility for organizations were identified to spearhead the biggest responsibility for conflicts in the conflicts and misunderstandings around crude oil extraction in the county while the county community sensitization on rights while Tullow county. As shown in Figure 21, political leaders government was the most trusted entity in spearheading peace and conflict resolution. Oil Company, by setting up community liaison were identified to bear the biggest responsibility positions and recruiting from the community for the conflicts or misunderstandings already for these positions (Community Liaison Officers noted in the county as indicated by 50.7% of -VSO and Village Sensitization Officers CLO), the respondents. Investors were ranked second were trying to address information sharing by 23% of the respondents while companies involved in the extraction of oil and gas were with a view to addressing transparency ranked third. Other actors mentioned included related conflicts. the county government of Turkana as indicated Figure 22: Best suited actor in spearheading by 10.9% and finally CSOs by 1.5% of the peace and conflict initiatives Community members mentioned National respondents. Government Administrative Officers (NGAOs) as actively involved in conflict prevention and The findings corroborate reports byThe Standard Newspaper in 2014 which reported that some management. According to the residents, oil and politicians were sponsoring protests as a way gas was always a regular topic during monthly of negotiating for tenders and other benefits chief’s barazas for instance; Deputy and Assistant from the Tullow Oil Company57. Investors could County Commissioners convened ad-hoc leaders’ be causing tensions through their endeavours mentioned by 9.1% and 7.3% of the respondents meeting where community elders, CSOs and to acquire land on speculative grounds and 5.4.13 Emerging / Future Conflicts respectively. Tullow Oil Company sit together to dialogue on adopting a different way of land utilization as On emerging conflicts, the study identified emerging conflicts and their management. opposed to the traditional use by the locals. community displacement as a major future conflict area. This was mentioned by 31% of These findings give credence to a report on the respondents, followed by environmental future conflicts in Turkana by Obiri in 2014 Figure 21: Actors bearing the biggest responsibility for conflicts in Turkana which identified conflicts such as land and degradation as future concern for the residents resource distribution, displacement of the as indicated by 16.4%. More than 14% of the Turkana community with space scarcity and respondents mentioned pollution (for both degraded pastoral-cultural norms, pollution, air and water), reduced grazing land, 12%, armed oil cartels, intra-Turkana class issues, infiltration of non-locals and culture change, environmental degradation and also terrorism 9.5% and finally emergence of oil cartels and as some of the likely future conflicts in increased armament of community leaders as the county58.

Table 31: Future/ emerging conflicts

Conflict Frequency Percent Displacement of persons 85 31.0 Reduced grazing land 33 12.0 Pollution (air and water) 39 14.2 Environmental degradation 45 16.4 Increased armament of community members 20 7.3 Emergence of oil cartels 25 9.1 5.4.12 Actors best suited to spearhead initiatives in the county and as shown in Figure Infiltration of non-locals and culture change 26 9.5 peace and conflict management initiatives 22, majority mentioned the County Government Total 274 100.0 The study further posed questions on the best of Turkana as indicated by 34.3% of the respondents, followed by CSOs mentioned by placed actors to spearhead peace and conflict 58 Obiri, J. (2014). An assessment report by UNDP on extractive industries for sustainable development in Ken- ya. Retrieved on 12th June, 2018 from: http://www.ke.undp.org/content/dam/kenya/docs/Poverty%20Reducti on/ 57 See more at: https://www.standardmedia.co.ke/article/2000102259/how-turkana-leaders-paid-for-protests. How Extractive%20Industries%20for%20Sustainable%20Development%20in%20Kenya%20%20Assessment%20Re- Turkana leaders paid for protests. Report by Jacob Ngetich in January 13th, 2014. port%20.pdf?download

56 57 to address existing or future emerging conflicts. study that the following recommendations are CHAPTER SIX Based on the study findings, there were a few made. The recommendations are tailored for members of the local communities trained and specific actors. CONCLUSION AND RECOMMENDATIONS empowered to resolve conflicts that arise as a result of operations of extractive companies in 6.2.1 For the National Government the counties. Indeed majority of the respondents 1. Strengthen coordination, co-operation did not believe in the systems or initiatives put in and consultation with County place to ensure transparency and accountability Governments. This will further open and therefore viewed information given by both up communication channels for ease of the investors and government representatives as information sharing. suspicious or as meant to hoodwink them into agreeing to a biased benefit sharing formulae. 2. Collaborate with County Governments in the implementation of the Inter- Finally on legal, policy and institutional Governmental Relations Act 2012. The frameworks, the study concludes that majority Act seeks to improve intergovernmental of community members from the three counties relations through establishment of were unaware of existing legislations and were intergovernmental sectoral forums, generally unhappy with the way extractives committees, inter-agency platforms, were being managed. standing committees and working groups. Among these would be the establishment of a joint national and Generally, the study noted a glaring gap in county government organ at the terms of civic education that needed to be county levels and especially in counties filled. Interventions should prioritize civic where extractive resources have been education of the residents of these three counties discovered in order to harmonize both especially on issues related to land adjudication, government efforts in peacebuilding benefit sharing, definition of community in and conflict prevention. the proposed benefit sharing formulae, project durations and aftermaths and also on timelines necessary before experiencing or witnessing 3. There is need to involve county direct benefits. To avoid conflicting messaging governments in conflict prevention and discordance, there is need for different on issues around extractives: The stakeholders involved to work closely with the new Mining Act 2016 has not been Liaison Committees and authorities to develop implemented yet as a policy. It does manuals that can then be used to conduct proper not however clearly stipulate the 6.1 Conclusion while in Kwale, land disputes were the most civic education. involvement of the county government Based on the study findings, this reports common followed by resettlement dynamics in the whole process of mining and all concludes that community members across and environmental degradation. The study that comes with. The only clear thing the three counties were highly excited about concludes that these conflicts were majorly is the percentages and to who they go. the discoveries and hold high expectations on driven by poor on non-existent engagement/ 6.2 Recommendations Even then, there is no clarity regarding how commercialization of the extractives will involvement of communities and other There is no single actor, policy, law or process the real beneficiary of the 5% (or 10%) change the way of life through creation of job stakeholders by the investors and also poor that can effectively address the challenges earmarked to benefit the ‘local people’. opportunities, business opportunities, improved communication on benefit sharing plans by the and issues unravelled by this study. A multi- Until it is implemented and in full infrastructure which they envisage will open up extraction companies. prong, multi-sectoral, multi-stakeholder, multi- effect, it is not clear how the county the counties to the rest of the world and also dimensional approach is required to do so. government is to get involved. through provision of social amenities. It was also apparent that community members Overall, the people should be at the centre of across the three counties feared losing land, the extractive industry in Kenya for it to accrue 4. National government and parliament The study established that land disputes were harboured concerns on the impact of the the desired benefits. The national government, to accelerate enactment of the land cross-cutting issues in the three counties. In extraction processes on communities’ health county governments and mining companies and petroleum bills into law with Turkana, the issue was identified as the most and also future conflicts which could easily be should embrace democratic principles that consideration of community demands common type of conflict followed by sticky inter- driven by disputes on sharing of revenues and will allow for wider community involvement on revenue sharing. governmental relations between the National resources. to minimise on escalation of conflicts and government and the County Government and possibilities of emergence of new frontiers for 5. Train and enhance capacities of then loss of grazing land. In Kitui, compensation In regards to settlement of disputes and conflict confrontation. Efforts should be made towards community mediators to address of those displaced by the mining projects was resolution mechanisms, the study concludes that inclusion, collaboration and cooperation. It is emerging conflicts: The National identified as the most common conflict issue there were insufficient mechanisms put in place against this backdrop and the findings of this Steering Committees on Peace-building followed by land disputes and landlessness

58 59 and Conflict Management (NSC) and vein, ensure inclusive planning and Deliberate efforts should be made to share with the community members National Cohesion and Integration budgeting. integrate peacebuilding in CIDPs. This successful mine closure and land Commission (NCIC) need to put proper would go along with establishment of reclamation programmes such as mechanisms in place aimed at enhancing well-resourced offices that deal with tree planting. This will help in either the capacity of the locals to address 6.2.2 For County Governments of Kitui, the peacebuilding function. improving or restoring the nature of emerging conflicts. Some of these locals Kwale and Turkana the extraction sites and contribute to 1. Improve access to information 7. Strengthen and sustain civic education could be council of elders, youth and environmental conservation. by communities. This will ensure with regard to the extractives industry women who command respect from that local community members to enable members of the public have other community members. Another can access credible information increased knowledge on what this key area for training include advocacy regarding operations in extractive entails, their roles, and expectations 6.2.5 For Non-State Actors on environmental protection. sector, lessen suspicion and mistrust among other considerations. including CSOs, CBOs, NGOs, towards government and companies, Development Partners and host 6. Step up issuance of title deeds to reduce rumors and confusion among communities. the locals: This study identified community members. This could be 6.2.4 For Mining Companies 1. Enhance civic education. CSOs and landlessness, land adjudication, land easily done through development NGOs should collaborate with other ownership disputes and other land 1. Promote transparency and of an information pack on extractive stakeholders’ to educate communities related issues as the leading conflict accountability. There is need to resources to guide information sharing about their constitutional rights related issues in the three counties. The sustainably provide and ensure timely and awareness raising on all issues to extractive sector and how to place National Lands Commission (NLC) information regarding contracts, pertaining extractives in Kenya. claims when those rights are violated. and the ministry of lands needs to step revenues, land access agreements & This education should be based on up their efforts in land adjudication 2. Develop and implement policies, payments, employment policies & reliable sources of information. in areas neighboring or earmarked legislation and strategies on natural quotas are publicly available: for mining so as so streamline issues resource and environmental 2. There is need to increase community 2. Enhance training and sensitization: of land ownership and also sensitize management. Fast-track development participation, community sensitization The key misunderstanding between community members on land usage of proposed legal frameworks including on mining activities, improved the community and the companies and other planned and rehabilitation the land, environment, natural resources corporate social responsibility by involved in extractive industries was plans. and water bills to govern land access; mining companies and setting up a generally on information. The gap environmental protection; pasture and community investment fund. that therefore needs to be filled is that 7. Develop a comprehensive land water utilization; and natural resource of accessing information from the compensation plan: Some local extraction, access and use. 3. Engage with the local community to companies and making it available to residents in Kitui have been forcefully identify practices and opportunities that the community. Legal frameworks can displaced, which has had significant 3. Strengthen coordination, co-operation can positively impact on the livelihood also be simplified for the community adverse impact on them their assets and consultation with the national of communities. It is through the and, to augment what other CSOs are and means of subsistence. As a result, government. This will further open up Community Development Agreements already doing, expand the reach of the community is aggrieved due to lack communication channels for ease of (CDA) that the CSR activities will help sensitization activities to the grassroots or poor compensation. information sharing and dispel rumors, the companies build trust with the local and the unreached specifically in perceptions and misunderstanding. community as well as contribute to county and country border areas and 8. NEMA should improve its engagement their sustainable future. locations where there is potential for 4. Collaborate with the national conflicts. This is because sensitization with communities and address government in the implementation of community complaints concerning 4. Proactively engage county governments meetings and forums are currently the Inter-Governmental Relations Act to ensure a supportive operating concentrated in local towns and county environmental impacts by extractive 2012. operations in the county and work environment: This study noted some headquarters. towards environmental protection 5. Promote conflict sensitive programming good level of misunderstanding and ensure that the audits of the that ensures Conflict Impact Assessments between the county governments and 3. Enhance collaboration between CSOs Environmental Impact Assessment (CIA) alongside Environmental Impact the mining companies especially on working in the counties to improve (EIA) report from all areas with Assessments (EIA) prior to initiation of CESS taxation and other issues on land service delivery and avoid duplication minerals are validated through public projects and programmes. In the same use, county government involvement of sensitization activities with the participation. vein, ensure inclusive planning and in CSR and other development projects overall effect of reaching the unreached. budgeting. initiated by the companies. There is need The study noted that there existed for the companies to constantly engage different levels of awareness across and 9. Promote conflict sensitive programming 6. Position peacebuilding and conflict the county government to win their within the counties and also conflicting that ensures conflict impact assessments prevention, management and resolution buy-in and also ensure a supportive information in terms of benefit sharing, alongside Environmental Impact (CPMR) at the center of development environment for their operations. land use and reclamation mechanisms Assessments prior to initiation of policies, strategies and legislation. projects and programmes. In the same and so on. There is therefore need 5. There is an urgent need to develop and to ensure a coordinated approach to

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64 65 Kenya is endowed with a wealth of natural resources including minerals, forests, wildlife, water, dry lands, hydro-power and wetlands among others. Some of the mineral resources found in Kenya include Titanium in Kwale County at Mrima Hills, gold deposits believed to exist in Western Kenya at Macalder mines in Migori County and Ikolomani in Kakamega County, huge deposits of coal at the Mui Basin in Kitui County and oil deposits in Turkana County and also suspected to be in Baringo and Elgeyo Marakwet Counties (RoK, 2016). The emergence of extractive industries in the country has come with both challenges and opportunities. This publication is anchored on the need to inform policy. It provides useful information to inform con ict-sensitive planning and programming; development of policies, legislations, strategies, regulations and guidelines not only in the 3 counties under study, but across the country on natural resource governance and management of emerging con icts arising from extractive industries.

Security Research and Information Centre (SRIC) is an independent not-for-prot think-tank committed to providing data and information on human security and security sector dynamics in the n the Great Lakes Region and the Horn of Africa.

NATURAL RESOURCE GOVERNANCE AND MANAGEMENT OF EMERGING CONFLICTS ARISING FROM EXTRACTIVE INDUSTRIES: Security Research and Information Centre (SRIC), New Waumini Hse., 2nd Flr., Chiromo Rd., Westlands, P.O. Box 66019-00800, Nairobi, Kenya A CASE OF KITUI, KWALE AND TURKANA COUNTIES Website: www.srickenya.org JUNE 2018 Email: [email protected] Follow our security updates on twitter, @sricKenya and facebook fan page, Security Research and Information Centre

Kyalo Musoi, Thomson Muthama, Col (Rtd.) Jaws Kitiku