Conflicts and Politics in the Tana Delta, Kenya An Analysis of the 2012-2013 Clashes and the General and Presidential Elections 2013 A study among leaders and displaced persons on political influences on the clashes and consequences of the clashes on the elections. Katja Kirchner August 2013 ([email protected]) Thesis submitted for the African Studies Research Masters February 2012 intake, part of the at 1. Supervisor 2. Supervisor 3. Supervisor Dr. Marcel Rutten Dr. Moses Mwangi Prof. Dr. Jan Hoorweg Abstract This study connects the topic of natural resource conflicts with political elements, especially elections and looks into clashes between a pastoralist (Orma) and an agricultural (Pokomo) community in Kenya. It analyses the clashes in the Tana delta which escalated in August 2012 from a political angle. The main aim of this study was to see how elections and conflicts influence each other but also which role other (political) aspects played in the case of the Tana delta. The Tana delta is a wetland area at the Kenyan Coast which is mainly inhabited by pastoralist Orma and agricultural Pokomo communities. Also, it is a fall back area for pastoralists from as far as Ethiopia, who migrate to the delta in times of drought in search for water and pasture. The area frequently sees conflicts which occasionally claim lives or even end in severe violence. The latter one was the case in 2012-2013 when almost 200 people died in ethnic clashes. On 4th March 2013 Kenya held its first elections under the new constitution which was embarked in 2010 and foresees a new government structure delegating more responsibilities to the regional level, the counties. This study analyses how the clashes in the Tana delta were influenced by these transitional elections and how institutional failure and legal pluralism contributed. Also, it identifies the root cause of natural resource conflicts in the Tana delta. Due to the fact that theories on election violence suggest that politicians instigate violence to unite their voters or to reduce the number of their competitors' supporters, this study also takes into account how the clashes influenced the elections. In this respect it examines which consequences the conflict had on the electorate, how it affected the popularity of different aspirants and what effects it had on the relevance of factors for the voting decision. i Acknowledgements This research was carried out as part of the African Studies Research Masters of the African Studies Centre (ASC) Leiden and Leiden University. It was, furthermore, part of the research project Conflicts and Cooperation over Natural Resources in developing countries (CoCooN) which is funded by NWO (Nederlandse organisatie voor Wetenschappelijk Onderzoek). I am very grateful for being part of this research project, not only for the financial support during my first field stay but also for being part of a bigger inter-disciplinary group of researchers working on one topic. At this point I especially want to thank my supervisors Dr. Marcel Rutten and Dr. Moses Mwangi as well as Prof. Dr. Hoorweg for all their support and guidance during the research preparation, my field stay and the thesis writing process. Thank you for all your comments and advice. Furthermore, I want to thank Dr. Martin Marani for his organisational support and his willingness to assist any time. As part of the CoCooN project I would also like to thank my fellow students Ulrich Pickmeier, for his helpful advice during the research preparation, and Nasra Warsame as well as Joris Cuppen for the numerous discussions during our stay in Garsen. Additionally, I am very grateful for having received further financial assistance from the Leiden University scholarships Outbound and LUSTRA, which supported my second field stay. Also, I would like to thank my study advisers and coordinators as well as the ASC staff and my lecturers for their help, support and inspiration. Special thanks go to Dr. Azeb Amha, Prof. Dr. Mirjam de Bruijn and Dr. Harry Wels for organising and coordinating the Research Masters and for their guidance. Furthermore, I would like to thank a number of people who enabled my research during the field stays. First of all I would like to thank the numerous respondents, for their willingness to share their opinions and for their trust that I would not expose their identities. Secondly, this research would not have been possible without the help of my research assistants. I want to thank Levi Jillo for his commitment and willingness to support me any time in organising and translating interviews and recordings as well as helping me to carry out the survey among the farmer community. Not only his commitment has to be acknowledged but also his critical thinking and contribution of ideas. Furthermore, I would like to thank Zeinab Shambaro for helping me find my way in the first days in Garsen and introducing me to numerous people. Additionally, I would like to thank her for carrying out the survey among the Orma community. The research would also not have been possible ii without the help of Sophia Salad, Assman Elema and Jamin Komora who introduced me to numerous IDPs (Internally Displaced Persons), organised and accompanied me to many one-on-one as well as group interviews and helped me interpreting. Furthermore, I would like to thank the rest of the SIL-team (Summer Institute for Linguistics) for their advice and help as well as the possibility to conduct interviews in their offices. Special thanks go to Annan Bonaya who not only introduced me to a number of key people and helped me find qualified assistants but also supported me in many other ways. Thank you for all the discussions, your willingness to talk through certain topics several times, all your inspiration and help to get a better understanding of the conflicts and finding my way through this challenging topic. Moreover, I would like to thank Maurice Dulluh for his support in organising interviews with politicians in Nairobi, giving me insights in the elections and especially for helping me to get details of the election results. Further, thanks go to Jane Ngeti who helped me with her statistical knowledge and SPSS skills in analysing the questionnaires. Last but not least I would like to thank my friends and family for all their support. Thanks to Dorcas, Lea and Dido who made my stay at Caritas Guesthouse in Garsen very pleasant. I would also like to thank my classmates for the great time, the discussions and cheerful chats. Furthermore, I would like to thank my other friends in Leiden, Germany, Sweden and other parts of the world for their support, even if there were miles between us. Finally, I want to thank my family, in Germany and Kenya, who helped and supported me in uncountable ways. iii Table of Contents List of Figures.....................................................................................................................................vi List of Tables......................................................................................................................................vii Acronyms and Abbreviations............................................................................................................viii Definition of Terms..............................................................................................................................x Chapter 1 Introduction.......................................................................................................................1 Chapter 2 Literature Review.............................................................................................................6 2.1 The Historical and Political Situation in Kenya.............................................................................6 2.1.1 The Neglect of the Coast – Historical Injustices and the Emergence of the MRC.....................7 2.1.2 Kenyan Multiparty Elections: A History of Violence................................................................10 2.1.3 The New Constitution and Political System..............................................................................13 2.1.3.1 The Devolved System.............................................................................................................14 2.1.3.2 The New Government Structure and the Land Question.......................................................15 2.2 The Tana Delta..............................................................................................................................16 2.2.1 Geography and Climate – The River Tana and its Relevance...................................................17 2.2.2 Historical Injustices and Development......................................................................................19 2.2.3 People and Culture – Current Data and a Historical Overview.................................................22 2.2.3.1 The Pokomo............................................................................................................................23 2.2.3.2 The Orma................................................................................................................................25 2.2.3.3 The Wardei..............................................................................................................................26 Chapter 3 Theoretical Framework...................................................................................................27 3.1 The Complexity of Conflicts........................................................................................................27