Conflicts over the access and use of the limited natural resources in , .

CALLEN N. ONURA

ABSTRACT.

Kisii County covers an area of 1317km 2 and has an equatorial climate. It is overpopulated with a population density of 874.7 people per km 2. The County is endowed with natural resources which include arable land, wetlands, forests and soapstone. The county people are mainly farmers but a small village does the mining of soapstone. These natural resources are fast declining and are unable to support the high population resulting to practices that do not take into consideration the ecological values of this resource. This phenomenon then leads to conflicts in accessing and using the natural resource in the area whose main causes are grouped into social, political and cultural. The conflicts are locally resolved through border committees and Kisii elders’ cultural development council. Despite the conflicts the county residents and the pastoralist communities have cooperated in areas of education social amenities and markets.

1.0 Introduction

Kenya is a society characterized by unequal and dysfunctional legal, political, social and economic structures which has led to a deeply embedded structural violence. In Kisii County, there exists tangible competition for access to natural resource as a result of resource scarcities. This trend continues and may accelerate as a result of demographic pressure in the county. This is evidenced by high growth rate of 2.75% (census 2009) in the county and the world’s population forecast expected to be 9.3 billion people by the year 2050.

Natural resources are God given assets occurring in nature that is used for economic production or consumption. Proper use of these resources and equitable access would kick-start the economy, support life and ease tension in the County, while natural resource conflict creates instability and has become a threat to food security in the County.

Conflict occurs when two or more actors oppose each other in a social interaction, reciprocally exerting social power in an effort to attain scarce or incompatible interests on the natural resources, and prevent the opponent from attaining them. It is a relationship wherein the action is

1 oriented intentionally for carrying out the actor's own will against the resistance of other party or parties which leads to a crisis internally or internationally.

2.0 Study area and methodology

2.1.0 Locale

Kisii County is an administrative county in the former of Kenya. The County is located to the south east of Lake Victoria and is bordered by six counties with to the south, Migori to the west, to the north west, to the north, to the south east and to the east. The county is composed of Masaba, Gucha, Gucha south, Kisii south, Kisii central and Kitutu Chache Districts. The people of Kisii County are the Abagusii.

The County covers an area of 1,317 km 2 with a total population of 1,152,282 and a population density of 874.7 people per km 2 contributing 2.9% to the national percentage. By the year 2009 the County had an annual growth rate of 2.75%. With 51% of its population living below the poverty line with an age dependence ratio of 100:94(census 2009).the county has equatorial climate receiving rainfall almost throughout the year and an average annual rainfall of 150cm- 200cm.

A map of Kisii county (adopted from Kenya Mpya County maps)

The bordering Counties are pastoralists to the south. West and the North have fishing as their major economic activities though they practice small scale farming. These Counties have

2 experienced historical conflicts as a result of political (leadership problem) on the use and management of natural resources.

2.2.0 Methodology

The information was obtained through literature review, observation and phone interviews.

3.0 Current status of the County

3.1.0 Available natural resources

The County is endowed with a variety of natural resources which include soapstone, wetlands, forests and arable land.

3.1.1. Arable land

The arable land is overwhelmed with economic activities which include; subsistence agriculture, vegetable farming, dairy farming, coffee and tea farming. Over 77% of land is fertile and often wet throughout the year, making it rich agricultural area. As a result the County is among the most successful Counties in Kenya. But the land is over portioned with a single household owning averagely less than 2 acres.

Despite the small portion per a family, the County exploits its land by growing cash crops mainly tea, sugarcane and coffee due to its high altitude and favorable climate. Bananas are fruits grown for domestic farming as well as a cash crop. The county farmers also keep livestock on their crowded farmland.

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Tea farm Banana far

3.1.2. Soapstone

Soapstone is a unique stone which is soft like soap, easily worked on and a mineral resource specialty to Kenya. Although it is specifically from small hill of Tabaka village South of this County. There are also other villages which poses the stone but in small quantities like Nyabigena and Nyakembene. The stone comes in variety of colours from creamy white, pale pink, gold to lack. It has various coloration and striations because of the different minerals which leach through the stones but all the stones have the ability to water well.

The stone is mined by hand in the locals open mines (ribwago rioochomba or riooyaro) then ferried to workshops to be worked on.

Open mines (ribwago riooyaro) ferrying to the workshop

At the workshop, the stones are carved into various works of art like vases, trays, food, bowls and African animals

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African animals a family

Food bowl

To increase returns, the stone carvers have formed a cooperative through which they sell their finished products. This society is also registered as fair trade organization which exports to USA and Europe.

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The stone carvers have also formed self groups to directly source orders for their poducts in cases where they feel short changed by society officials.

3.1.3. Wetlands

The county is blessed with many wetlands thanks to adequate rainfall availabilty. The once abundant wetlands are now remnants despite their great value to the locals for grazing, getting reeds for making baskets and water purification values. Wetlands are fragile and valuable ecosystems supporting a diversity of species and habitats. They are also excellent purifiers of water and their threatened status may not be able to control toxicity levels in water and on the arable land

There are a number of wetlands in the county which include Nyaega wetland at Maroo in Nyataro village, Bomonyama at Bomonyama village, Riokindo and Nyandiwa.

3.1.4. Forests

The county is endowed with a small percentage of forests which are both natural and exotic. The locals collect firewood from the forest; graze their cattle inside the forest and until today they their herbs from the forests. The forests in the county include Mwata, Nyangweta, Gekongo and Ndonyo.

Mwata forest at Bonchari in Kisii South has a rich history of the Abagusii and it is purely a natural forest. Its ecology consists of a variety of fauna and flora indigenous to the county. Nyangweta is a natural forest near stream banks but artificial at the hills.

3.2.0.Potential and existing conflicts

3.2.1.Farmers and pastoralists

Abagusii are farmers as they engage in agricultural activities like animal husbandry and crop growing for food and raw materials for industries. The Maasai on the other hand are pastoralists because they herd livestock around open areas of land according to season and water availability.

Participants and origin

The two groups ensue in conflict over natural resources especially land related issues. Struggle to protect and acquire land has caused violent conflicts. Main players in this conflict are the youths from both communities who comprise Morans from the pastoral communities and Chinkororo from the farmers. Area politicians (councilors and elders) were of great value in planning and strategizing during the clash duration. Occasionally the government is also accused of involvement by either group when it is perceived to

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take sides. This conflict has existed since the history of the two communities and it is anchored on land. Political incitement only makes the situation worse.

Impacts

Impacts of this conflict are far reaching and they include loss of lives and household, property, destruction of crops, cattle rustling and worse still is education disruption.

Impact on education is evidenced by closure of schools along the border areas. The commonly closed schools are Rienga, Mosensema and Mesocho especially in the years 1992, 1997, 2001 and 2007.

Loss of life is more devastating where by women and children bear the wrath. Clear indications are in years 1997and 2001 when a total of 88 men (24 in 1997 and 64 in 2001) of Abagusii were killed and scores injured (Human rights roport,2001). In 2007, only 5 men were reported to be seriously wounded though the numbers may be higher than recorded as each community do not disclose the exact number of people killed or wounded for fear of depicting a bunch of losers and weakling.

Also, houses are torched and household stolen during the clashes as a way of punishing the enemies. Cattle rustling is key and this brings with it poverty to either group.

3.2.2. Wildlife and humans

Wildlife inhabits Maasai land and also the wetlands within the County.

Participant and origin The participants in this conflict are mainly the Government through Kenya Wildlife Service (KWS) and the locals. The County locals kill any stray wild animal which come into their homestead or village for safety reasons. On the other hand, the KWS rangers keep vigil over the wild animals using the wildlife policies. This raises a tussle as each participant’s interest has to prevail. The conflict is rooted in climatic change and overpopulation. Climate change has brought with it erratic rainfall and reduced water levels in stream hence change of biodiversity. As a result the wild animals stray into the county homes in search of pasture and water. The Maasai land is also being portioned by the Abagusii who have leased it and certain corridors of wild animals have been blocked.

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IMPACTS

This conflict has contributed negatively both the government and the locals. Wild animals have been killed as evidenced in the killing of an elephant at Magenche area early this year. It is documented by the KWS that elephants are endangered species and any killing of elephants pushes them further to extinction.

Loss of wildlife will affect earnings in tourism industry hence affecting the economy of the country.

In case the wild animal kill domestic animals in the County as it is evidenced at Kiango where a lion killed goats and sheep in one of the homestead in April, 2011, this brings with it poverty and threatens food security in the county.

. Another incidences elephant is that at Mogenda village in 2010. The elephant was very furious, wounded score of people but it was eventually killed by the locals. One life was reported lost while undergoing treatment.

Crops are equally not spared by stray animals leading to reduced harvest hence putting food security of the county at risk. This is indicated by the destruction of crops at Bosaga village in February, 2012 by an elephant.

3.2.3. Rural population and urbanization

In the recent past, there has been an explosion of towns in the county. This has been linked to the famous Kisii prophet (sakawa of early 1800s) who foretold that mushrooms will grow in Kisii and only those with sons will harvest them. For this reason, urbanization has not got the locals by surprise. Kisii town (Getembe) is the oldest in the county with many real estates. Tabaka is small but growing at a fast rate since early 1980s because of the soapstone mines and the products of the stone. Ogembo, Nyamarambe and Kenyenya are rapidly expanding because of their elevation to District head quarters. Nyangusu is a town close to Transmara Gucha border which is flourishing because it a common market for the Maasai and Abagusii. Suneka, Nyamanche and Keroka are suburbs coming up.

Participants and origin The genesis of the conflict is the influx of locals and other tribes into the towns for commercial reasons. The residents in these towns include Kikuyu, Luo, Lugha, Somalis and Indian community.

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Impacts Urbanization has resulted to need for more land to develop the real estate’s which have high returns as compared to agriculture. As a result wetlands near these towns like dalaja mbili at Kisii town are now encroached without considerations to their ecological importance. Other examples include Ogembo where a town council bus terminus has been built on Kuja river bank. In Kisii town houses have been built very close to streams (from daraja moja, daraja mbili and adjacent to Kisii primary) which flows behind the town and which has changed their volumes drastically.

The drainage systems in these towns are alarming as they do not have clear waste management guidelines. This is evidenced by open collection of sewage at daraja mbili in Kisii town and discharge of sewage into river kuja at Ogembo. This has led to increased pollution both in the streams and on land. Because of this land is degraded and water bodies physical chemical parameters interfered with hence changing the whole ecological cycle in this waters and arable land.

The poor guideline for waste management has led to inadequate and low quality water supply to these towns. This has also made sanitation to be questionable as evidenced by many residents having diseases related to water.

Abagusii had large families but very cohesive. Urbanization has brought with it drastic social and cultural changes which has broken the social cohesiveness of families. Many social evils like loss of morals coming up in area.

3.2.4. Investor and locals

The County has a high population which has attracted individuals and companies to invest within. These investors are expanding so fast through buying and leasing of arable in areas of their interest. The investors have targeted resources like soapstone mines, wetland, forests and arable land that are close to towns. The locals value the forests as it where they collect firewood and grazing grounds for their cattle. The locals got reed from the wetland to weave stores for their harvests

Participants and the origin

. This conflict is anchored on leadership wrangles and ownership of a resource of interest (mine, forest, and wetland). In this, Key players are the rural local, local business, political elites and the Government. The Indians of the African heritage (Mahindra

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Company) and Ugandans buy soapstones raw to make chalk and ceramic tiles respectively. USA and Europe are the main markets for the stone products. The Government encourages investment through provision of roads and electricity to inaccessible area and also come up with the establishment of institutions. Political elites are of value in mapping areas for the establishment of the various investments.

IPMACTS

The establishment of a tea factory at Gekuba faced resistance from the locals for fear of loss of land and minimal compensation. Currently the factory has provided the locals with employment hence relatively improved livelihood in the area.

This conflict has brought with it the establishment of more school and dispensaries. This is a positive contribution to education and accessibility to health services. For instance establishment of a dispensary at Basaga wetland has brought health facilities to a common man while establishment of Kenyenya teachers training college at asha’s wetland at Magenche village will bring education services closure to people.

The forests in the county located in south Mugirango constituent have been the battle field. Nyangweta forest was ear marked for a sugar company in the 1980s but the area mp by then and the locals resisted violently. Currently a greater five hectare of this forest is cleared to pave way for Moi University branch establishment. This will result to increased run-off from the hill into the Nyangweta stream hence faster sedimentation for the stream. Gekongo forest is now extinct because one clan (Abaige) defied area authorities and destroyed the forest in the early 1990s because they wanted their land back. They also resisted the establishment of a tea factory at the area in late 1990s. This loss of forest has a gradual but perennial effect of desertification.

The conflict at the mining zones has come with poverty. This is because assistance to the locals is blocked. For instance the wrangle on leadership in the soapstone cooperative society made JICA to stop the assistance to locals on entrepreneurship skill which costed the county economically.

Although investments are running, the locals are getting low quality water from their perennial streams. This is because of investors who do not follow the guidelines for building and waste management. They directed waste into the arable land and the small streams which locals use for domestic and for their cattle.

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Smoke from the factory is emitted to the air which the locals feel will affect the quality of rainfall they will be getting. Locals have sold land to the investors without proper future planning. This has really increased poverty levels in the county and has made some locals to be landless.

Insecurity has also increased because of increased poverty levels. This is so as the poor sort to cheap ways of earning their daily bread like stealing.

The clearing of the long existing man-made forests like Nyangweta and Gekongo to pave way for investment has contributed to loss of biodiversity in the county and also land degradation as a result of soil erosion. It will also reduce the total national forest cover hence national desertification.

3.2.5. Farmers and the Environmentalist

The County’s economy is pegged on Agriculture. It is the main source of income a sure way of guaranteeing food security. To maximize production from the small land holding ranging on an average 0.1-1.5acre, the farmers use a wide range of agrochemical and some inappropriate farming technology. An environmentalist is government implementers’ of environmental laws to ensure that natural resources are used sustainably and that they are not degraded.

Participant and origin

The main actors in this conflict are the local people and the government agencies. The genesis of this is the population explosion in the County in the recent past.

Impact

The wetlands in the County are at the verge of becoming extinct due to inappropriate and unresponsive technology that takes no cognizance of differences in agro-ecological zones.

The conflict has brought in degradation of water quality from increased fertilizers which upset the ecosystem of local water systems, hence increased health problems related to water.

Increased use of agrochemicals has escalated sedimentation through improper and poor land management practices. For instance the agrochemicals make soils loose and incase of no terracing, run-off becomes more survivors hence increased sedimentation which even smoother some wetlands or streams. This is best illustrated by smothering of Nyaega wetland at maroo village. This wetland is behind a secondary school which currently grows vegetables and even built on it.

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There is a general decline in land quality due to unsustainable farming practices and toxicity from agro-chemicals. Land is very scarce but the county has population pressure. This leads to conversion of marginal fragile zones into farm land by the poor. This situation further increases their vulnerability and aggravates environmental damage.

The scarcity of arable land has seen engeti-bosaga wetland is fully reclaimed and it is now associated with health crops. This makes it difficult for the Environmentalist to implement the Ramsar convention.

3.3.0 Causes of conflict

Political ideologies and alienation

Communities surrounding Kisii County are divided a long political and ideological lines giving rise to protracted institutionalized wave of ethnic and land clashes especially during elections like in the case of 1992 and 1997 when Abagusii ditched KANU for opposition. There are times when political leaders for expediency reasons, incite the community animosity in efforts to portray themselves as defenders of their community. This was clearly exhibited in 2007 at South Migirango constituency where youths attacked honorable Ruto and Magara.

This was at a peak in 2007 when the Abagussii lost life and property along the border as a result of interpreting majimbo as meaning ‘get the land back’ by the Kalenjin people.

Over population Kisii County is over populated exerting pressure on the arable land scarcity. This has perpetuated and accelerated migration to Maasai area in search of this land.While in maasai land, the Abagusii lease land from Maasais for their economic use. Most Maasais lease land on barter trade basis (if the omogusii is to use 1acre , then he has to till an equal area for a Maasai. More often the Maasai denies the leasee access to leased land when the produce is ready causing a serious conflict among the two communities. The Abagusii move their boundaries at certain areas causing violent resistance from the Maasai resulting to loss of life and property.

The pressure as a result of demographic structures has forced the rural people near the wetlands to reclaim the land for their agricultural activities. This has led to fast loss of wetlands and has played a role in the conflict with pasture around the riparian covered water. The arable cropping has degraded the wetlands regardless of the valuable economic, social and ecological values.

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Population explosion has also resulted to the use of technology and land practice management that are irresponsive ecological status and values of natural resources.

Community security

The pastoralist (Maasai) has the Morans mandated to provide the community with security while the Abagusii have chinkororo to provide security. Chinkororo is an organized group which recruits masculine youth below 30 years. The youths are under a leader who is elected amongst themselves on the basis of being brave. The group engages in different activities other than their mandate like cattle rustling. Chinkororo believes in self financing through raids to the Maasai community. This makes the groups to clash resulting to a fierce fight between the Abagusii and the Maasai’s.

Believes and culture Culture is dynamic and plays a role in conflicts on natural resource especially if wrongfully or improperly interpreted. For instance, Maasai’s being pastoralists, they believe that cattle belong to them and this makes them to drive away any cattle grazing within their borders. This aggrieves the Abagusii who retaliates by raiding the pastoralists.. Traditionally, the Abagusii are known for farming. This believe that their livelihood only comes from farming has made them to be so rigid in adjusting to alternative practices of earning a living and providing food to their families.

Perception The has large pieces of trust land. Historically the Abagusii used this land because they felt it was vacant ( terra nullus ). This land is part of culture and identity of the Masaai and any encroachment of land are not taken lightly with the Maasai, hence a scramble for land between the pastoralist and the agriculturalist forming a historical basis for their claim on land. The different perception on land by the two communities then amounts and escalates a conflict over land.

Majority embrace urbanization as they perceive it a way to modernization without considering its outcome.

Investors are perceived as grabbers of the natural resources available thus locals mostly oppose investment proposals to the County.

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Poverty levels The county has high poverty levels (51% of its population) which have led to ignorance on the value of natural resource. As a result many have moved to towns within the county. This mass movement to towns has attracted investors because of ready markets and available cheap labour. Most investors have failed to adhere to planning on sewerage and construction guidelines. This has led to pollution in the nearby streams and wetlands hence destruction of the ecosystem and increased case of waterborne diseases in the county. Also people have lost lives through collapsing buildings during construction. These effects have made the locals to resist the investors which may finally weaken economic performance hence future decrease revenues in the county.

Those who have sold land to investor and developers become landless resulting to criminal activities like stealing or wrangle over land ownership thus threatening security.

Changes in use of natural resource

The national reserve is approximately 104 km from Kisii central. This means that from the Mara to Gucha, Masaba and Gucha South may be less than 50km.Some animals like the hyena, elephants and leopards occasionally leave the reserve and get into the Abagusii land destroying their crops, animals and people. In return the Abagusii kill the wild animals which makes them to be in conflict with the government. The recent example of wildlife human conflict is early this year at Magenche area where two stray elephants were spotted and one was killed by the locals but the other one was returned by the KWS officials. The fact that more of the Maasai land is being converted into arable farming land by the Abagusii brings about a conflict between human and wildlife. This is because conversion of land for arable farming, blocks corridors for wildlife which makes them to stray.

3.4.0 Resolving conflicts

The county has established systems of solving conflicts whenever they rise. It has border committees which are mandated in following up the raided cattle from either communities or give direction as they may find it necessary. This committee is made up of a minimum of ten member, five from pastoralist and the other five from the farmers.

Abagusii started a Kisii elder’s cultural development council headed by chairman after 2007 conflict. This council is mandated to preach peaceful coexistence among other communities.

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Areas of cooperation

1. Social amenities. a. Schools.

Both communities share schools. The Maasai children school in schools located in Kisii County for instance in Mokomoni primary and secondary which are the oldest on the Gucha and Trans-mara border.

b. Hospitals Most hospitals serving the two communities are located in Kisii County .The notable hospitals shared are hospital, Kisii level five, Tabaka mission hospital and Magenche dispensary. c. Sports fields The two communities had and still have occasional organized joint sports like athletics and football on common grounds situated in Kisii County. An example of such ground is Magenche. 2. Water resource. The two communities attach a lot of value to the use of water. As the Abagusii believe that water is life while the Maasai value water for their livestock. The common water sources between the communities are; Riyabu, Nyabitunua and Iyenga.

3. Markets Historically, the two community’s trade in common markets like Nyamayia, Nyangoso and Magenche. They were and still are peaceful and well organized structures to serve the communities.

4.0 The way forward

Conflict on natural resource is a big challenge which requires effective strategy to overcome. The strategy should have tools while balancing the imperative of securing access to natural resource, preventing and resolving of conflict. Some of these strategies are discussed below.

• Initiation of livelihood programs A hungry man is an angry man. On this connection the government should initiate livelihood progammes aiming at dealing with hungry and angry youth in Kisii County such programs to include entrepreneurship skills for economic development this will lead to employment creation thus preventing youth from engaging in conflicts. • Use of culture Culture is essential in conflict resolution (sumji, 1999) since it shapes perception attributes and ideas of self. Culture is dynamic and is reshaped to promote self awareness and coexistence this can be achieved through the engagement of the two communities in multi-

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cultural weddings, drama, sports and music. The conflicting communities should be encouraged to increase cultural awareness through and exchange visits • Strengthening of peace and border committees Border committees in Kisii County are made up of a minimum of ten people, five from each community. The committee recruits only respectful elders (Abanyakore from Kisii land). They are given the mandate of settling dispute between the two communities. These committees have a common challenge of finance which the government should address for effective utilization of resources available. The border committee members need to be trained on policies affecting natural resource utilization.

• Involvement of a rural woman in natural resource management . Gender roles in Kisii County put women in direct contact with natural resources such as wetlands, arable land, forests, water, and wildlife. For this reason they need to be educated on the values, management and sustainability of natural resources as alternative sources of livelihood.

Referances 1. Wakhungu, J. W. ,Chris, H. and nyakuri, E.(2008). land tenure and violet conflicts in Kenya . 2. Nicolas, G. AND Ann, P. (2012). Natural Resource and Conflict. 3. Maronga, J.M. (2005). Effects of Farming Practice on Wetlands of Kisii District, Kenya. 4. WWW.KENYAMPYA.COM .14/8/2012.11:50AM.

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