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Scanned by Scan2net INTERNALLY DISPLACED PERSONS AND THE DILEMMA OF THE RIGHT OF RETURN: A CASE STUDY OF VUMILIA ELDORET, JIKAZE AND FUMILIA NAROK IDPs IN MAAI MAHIU IN KENYA’S RIFT VALLEY PROVINCE, 2007 - 2010^ BY Okwaro, B. Muluka C50/71971/2008 M. A PROJECT SUBMITTED TO University of NAIRO BI Library lillllllllil 0478961 6 UNIVERSITY OF NAIROBI DEPARTMENT OF HISTORY AND ARCHAEOLOGY IN PARTIAL FULFILMENT OF THE REQUIREMENT FOR THE AWARD OF THE DEGREE OF MASTER OF ARTS IN ARMED CONFLICT AND PEACE STUDIES OCTOBER 2010 DECLARATION I. Okwaro Barrack Muluka hereby declare that the work contained in this project is my own and has never been submitted for a degree in any other University. f\J ^ ^ ™ DATE This project was submitted for examination with our approval as the university supervisors. fiJtf/^rlO DATE DEDICATION To Mama Roselyn for telling me to go to school and to my special friend and wife Dorothy for love, tenderness and patience, even when I am unreasonably stubborn, and to Lorraine, a special gift to any father and especially to me and to the mothers of Africa. \' iii i ACKNOWLEDGEMENTS This work has enjoyed the intervention of numerous people, all of whom it would be difficult to thank, for their individual contributions have always been varied. While I thank all of them in a general sense. I wish to single out my supervisors, Dr. Mary Mwiandi and Dr. George Gona, for the incisive guidance and criticisms throughout the time I have been working on this study. They have been truly inspirational and I am eternally indebted to them in a very special way for their patience which saw them read through several drafts of the work at various stages. 1 also wish to thank my field assistants, David Neville Masika and Justus Onvango Ondigi. You were more than just field assistants. I am grateful for their intellectual input throughout the many hours spent together discussing the contents of this study and for their fresh insights and criticisms and patience throughout the time we have worked together. I also enjoyed the support of Andreas Nandelenga and Joy Kathure with data collection and I am appreciative for this contribution. Augusta Muchai and her colleagues at the Institute for Security Studies (7SS) exposed me to invaluable literature. Some of my closest critics were my classmates and my friends. While I benefitted immensely from them, I want to single out for special mention Baithaulu Alaine, Dume Wanda. Carol Rintari and Salome Mwendar. The work was also read by my wife Dorothy who has usually gone beyond the call of a patient and loving wife and mother to take on the role of a teacher and intellectual guide. I also enjoyed encouragement from my dear friends and colleagues - Prof. PLO Lumumba, Ruth Kvengo and Jeremiah Lenya. I also thank the patient people of the three villages under study in Maai Mahiu for their cooperation with me and with my team of assistants, even when they were under so much adversity. But perhaps the most humbling source of inspiration have been my children Eugene and Lorraine, who every so often surprised me with the gift of one relevant book or the other. I am grateful to them for their love and support. So, too. have I enjoyed support from my foster children. Patience and Walter and from our assistant at home, Rose. While the support I received was of immense benefit to me. and whiie I share with all those who assisted me the credit in this work, 1 take responsibility for any blemishes it may have, which should be put to my own lack of objectivity. tv ABSTRACT Displacement of people due to armed violence is a traumatic condition for the victims, on account of the instability and bleakness of makeshift life away from home. It is to be expected that displaced persons should return to their former homes when the turbulence that dislodged them settles down. Yet even when the turmoil of armed violence has seemingly settled down, it is not always that the displaced have gone back to their former homes. Why? In Kenya internal displacement has occurred regularly since the multiparty General Elections of 1992. The Rift Valley Province has borne the brunt of both the violence and displacement.' This has been despite strong official pronouncements by the State against acts of violence and disruption of people’s lives by such violence during elections. With each cycle o f violence, more people have been displaced and in particular during the post election violence o f 2007 - 2008. that arose out of the worst political conflict in Kenya’s history'. The atrocities experienced by most victims made some of them to look for new settlements elsewhere, instead of returning to their former homes, in spite of pressure and even incentives from the State and from the international community. Some of these IDPs bought land in areas which they believed would be safe for them to settle in. Among these were the members of Fumilia Narok. Vumilia Eldoret and Jikaze Villages, all of vvhich are in the Maai Mahiu region of Naivasha. where this research was carried out. Violent conflict and displacement in Kenya’s Rift Valley has usually taken on a distinctly ethnic character. In order to try and unravel the ethnic factor in the displacement and next to that the reasons why IDPs elected not to return to their former homes, this research was tasked first with trying to establish the patterns of ethnic composition and settlement in the areas where the IDPs Kenya promulgated a new Constitution in August 2010, which at the time of the writing of this project paper was in the process of changing the administrative structure of the country, to restructure the system of administration known as Provincial Administration to conform to and respect the devolved government structure that the new Constitution introduced. It was likely at the time of writing that the restructuring could abolish provinces and replace them with a yet to be known arrangement. But throughout this study, administrative units are referred to as they were prior to the August 2010 change of the Constitution of Kenya. V were scuttled from. The study, therefore, starts by discussing settlement of diverse peoples in the Rift Valley Province of Kenya as a curtain raiser to ethnic conflict. It then moves on to discuss the history of displacement in Kenya and in Rift Valley in particular, to appreciate how this presaged the 2007 - 2008 election violence and displacement and the impediments to return thereafter, despite the right of return. This research is cast in the conceptual framework of the right and dilemma of return of displaced persons. It then examines the nature of the legal protection given to returnees, and whether this protection affords sufficient safeguards for the protection of all returnees, including IDPs. Further, the work examines the impediments to IDP return and the possibility of conditions under which IDPs could consider to return. In order to examine these issues, this study assesses the protection afforded to the IDPs under the international legal regime. We examine domestic responses to the issues involved in the return considerations. The analysis emphasizes the lack of a distinct protection regime under international law and the failure of the Kenya Government to domesticate and effect the limited protection provided in international law and programmes in the aftermath of conflict. We conclude with emphasis on the need for both an elaborate protective legal regime for IDPs and observance of whatever legal protection exists, to preclude self-feeding cycles of displacement and impunity. vi TABLE OF CONTENTS Declaration............................................................................................................................................. ii Dedication............................................................................................................................................. iii Acknowledgements.............................................................................................................................. iv Abstract...................................................................................................................................................v List of acronyms and abbreviations.................................................................................................... xi Operational definition of terms..........................................................................................................xii CHAPTER O N E ..................................................................................................................................1 INTRODUCTION........................................................................................................................... 1 1.0 Maai Mahiu internally displaced persons' community........................................................ 1 1.1 Historical background.............................................................................................................3 1.2 Statement of problem..............................................................................................................9 1.3 Objectives of the study.......................................................................................................... 10 1.4 Justification of the study....................................................................................................... 10 1.5 Study scope and limitations..................................................................................................10 1.6 Literature review....................................................................................................................11
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