ISIOLO COUNTY, KENYA Public Disclosure Authorized Rapid Assessment of the Institutional Architecture for Conflict Mitigation Kennedy Mkutu Agade and Abdullahi Boru Halakhe Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized
MARCH 2019 This work was conducted with support from the Kenya Accountable Devolution Program (KADP), led by Helene Carlsson Rex, and guidance from a World Bank team led by Margarita Puerto Gomez, Senior Social Development Specialist, Global Practice for Social, Urban and Rural Development, and Resilience (GSURR); Lisa Schmidt, Social Development Specialist, GSURR; Muratha Kinuthia, Social Development Specialist, GSURR; Neelam Verjee, Social Development Specialist, the Fragility, Conflict, and Violence Group (FCV-GT), Stephen Mogaka, conflict and violence prevention consultant, FCV-GT; and reviewers Abdi Umar, senior conflict prevention consultant; Olivia D’aoust, Senior Economist, GSURR; and Nikolai Hutchinson, head of section governance and security, Department for International Development (DFID) Also thanks to United States International University–Africa, National Crime Research Council, and Kenya School of Government for contributing research findings under the Crime and Violence Prevention Training Program.
The authors wish to thank the team who assisted with the research process, the interviewees, focus group members, and informants, including our research assistants Adan Denge and Halkano Boru. Thanks to all county and national administrators, security personnel, interfaith and faith-based organizations, and civil society organizations and community members for their time and their insights.
The World Bank team acknowledges the support provided by KADP donors, namely; Denmark, DFID, European Union (EU), Finland, Sweden and USAID. The Bank further acknowledges the support provided by the Frontier Counties Development Council (FCDC) and the County Government of Isiolo.
Photos: © World Bank | Kennedy Mkutu Agade Editing and design: Laura Johnson Front cover photo: Community land and wildlife route in Kula Mawe, Isiolo. Back cover photo: Water pan in Kinna, such sites may cause dispute between herders over access and sustainable use of the resource. ISIOLO COUNTY, KENYA Rapid Assessment of the Institutional Architecture for Conflict Mitigation Contents
Acronyms ...... iv
Executive Summary ...... v . Forms of Conflict and Violence in Isiolo County ...... v Drivers of Conflict ...... vi Devolution and Conflict ...... vii Responses to Conflict ...... vii Recommendations ...... ix
1 Introduction ...... 1
2 Isiolo County ...... 3
3 Conflict Dynamics ...... 6 Land and Law ...... 6 Intercommunal Resource-based Conflicts ...... 8 Intercounty Border Conflicts ...... 9 Conservation and Land Management ...... 9 Large Infrastructure Projects, Investments, and Development ...... 10 Ethnopolitical Conflict ...... 12 Violent Extremism ...... 13 Small Arms ...... 13 Gender-based Violence ...... 14
4 Devolution and Conflict Dynamics ...... 16
ii 5 Responses to Conflict ...... 22 Peace and Security Architecture Since Devolution ...... 22 County Policing Authorities ...... 23 Formal Security ...... 23 Informal Security ...... 25 Peace-building Processes and Players ...... 26 Measures to Address Violent Extremism ...... 29 Summary ...... 30
6 Recommendations ...... 31 For Isiolo County Government ...... 31 For National Government ...... 31 For Civil Society, Interfaith Network, and Council of Elders ...... 32 For the World Bank ...... 32
References ...... 33
Figures 3.1 Factors of Conflict and Peace in in Pastoralist East Africa ...... 7 5.1 Actors and Structures Relevant to Peace and Security in Kenyan Counties ...... 22
Tables 2.1 Administrative Divisions in Isiolo ...... 3 3.1 Summary of Projects in Isiolo (as of July 2017) ...... 11 4.1 Payments to Isiolo County Government, March 2013 to July 2017 ...... 21 5.1 Formal Security Forces in Isiolo County ...... 23 5.2 Peacebuilding Players in Isiolo County ...... 26 5.3 Responses to Conflict: Summary ...... 30
iii Acronyms
ACLED Armed Conflict Location and Event Data Project CCCF County Climate Change Fund CIDP county integrated development plan DFID Department for International Development FCDC Frontier Counties Development Council GOK Government of Kenya KADP Kenya Accountable Devolution Program KNBS Kenya National Bureau of Statistics KWS Kenya Wildlife Service LAPSSET Lamu Port South Sudan Ethiopia Transport LMD Livestock Marketing Division NPS National Police Service NPR National Police Reserve (formerly Kenya Police Reserve—KPR) NRT Northern Rangelands Trust
Measurements km kilometer km2 square kilometer
Currency KShs Kenyan shillings
iv Executive Summary
The World Bank Kenya Accountable Devolution Program 2030 development program includes several large- (KADP) is a program of technical assistance in support scale investments such as the Lamu Port South Sudan of Kenya’s devolution of many functions to 47 county Ethiopia Transport (LAPSSET) corridor, an international governments, operating since 2013. The program spe- airport, large dam projects, a modern abattoir, and oil cifically supports the newly-formed Frontier Counties storage facilities. A recently improved, pan-African high- Development Council (FCDC), led by the governors of way connects Ethiopia to central Kenya through the the counties of Isiolo, Mandera, Marsabit, Wajir, Lamu, town of Isiolo. Ethnicity, pastoralism, land, and devel- Tana River, Garissa, Turkana, West Pokot, and Samburu. opment are each important aspects of the conflict and World Bank activities in these counties include building violence dynamics in the county. capacity for collective action and regional coordination, supporting conflict and violence mitigation and efforts FORMS OF CONFLICT AND to address marginalization, and fostering innovations VIOLENCE IN ISIOLO COUNTY for local economic development. This study contributes to these efforts by examining conflict dynamics and the Resource-based conflicts. These are conflicts focused architecture for peace and security prior to and since on land-based resources, involving pastoralists and the start of the devolution process in Isiolo County. other land users. Recent hotspots include Kom in the The findings are the result of research conducted from subcounty of Merti, where conflict in 2017 between August 2016 to June 2017, including consultations with Samburu, Marsabit, and Borana herders led to at least county-level peace and security actors, focus group dis- 10 deaths; Kinna in the subcounty of Garbatulla, where cussions with community members, and relevant litera- conflict exists between the Borana and Somali; and ture review. Isiolo Holding Ground, where numerous groups have Isiolo County, located in a semiarid region in the experienced conflict. All communities have experienced center of Kenya, covers an area of about 25,700 square being both the perpetrator and victim of cattle raids. kilometers (KNBS 2017). Bordering eight other coun- Intercounty border conflicts. These types of con- ties, it has been of strategic importance as the “gate- flicts can be political or intercommunal. For example, way to the north” since colonial times. An estimated a fierce border dispute between the counties of Isiolo 192,000 people reside in its three subcounties—Isiolo, and Meru has resulted in ongoing intercommunal Merti, and Garbatulla—mostly comprising pastoralists, conflict, theft of livestock theft, looting of shops, and including the majority Borana, Sakuye, Somali, Turkana, some killings, leading to the deployment of the army. and Samburu, in addition to the agro-pastoralist Meru. Intercommunal-level border conflicts also exist among Seasonal migration in and out of and within the county several other neighboring counties. is common. The county holds most of its land in trust Ethnopolitical conflicts. Ethnopolitical differences as community land, which its various occupants share. have led to violent clashes between communities, par- Isiolo remains underdeveloped, but the Kenya Vision ticularly in the case of the border conflict between the
v counties of Isiolo and Meru. Conflicts heighten during Cultural factors . A dependence on livestock, tradi- election periods when candidates need alliances to gain tions of bride price, rites of passage, and revenge con- a majority. tribute to cattle raids; conversely, there are also cultural Violent extremism . Radicalization and/or recruit- restraints on violence and mechanisms for peace. ment into violent extremism is an important aspect of Proliferation of small arms . Firearms from both the conflict in Isiolo county. This study identified anec- legal and illicit sources are abundant in Isiolo County—a dotal evidence of 50 youths said to have disappeared, hub for the small arms trade from Kenya’s northern possibly for training in Somalia. neighbors. Traders often transport guns along with ani- Interpersonal violence . Gender-based violence is mals and other commodities, including miraa (khat), or common in Isiolo, including physical abuse and rape, on boda bodas (motorcycle taxis). Most pastoralists con- which are frequently culturally normalized. Alternative sider firearms to be essential for defending their assets, dispute resolution usually handles severe cases. Most especially in places where the police presence is poor. groups in the county practice female genital mutilation, Guns used aggressively exacerbate intercommunal vio- with about twothirds of women reporting their being lence, and they allow youths to operate outside of cul- cut. Early marriage and defilement are common, but a turally defined boundaries and the authority of elders. policy in support of pregnant girls returning to school Conservation . There are three game reserves in after giving birth has reduced school dropout rates. Isiolo County under the Kenya Wildlife Service as well as several conservancies under the umbrella of the DRIVERS OF CONFLICT Northern Rangelands Trust (NRT). Pastoralists some- times encroach on land reserved for conservation to Weak legal frameworks . The legal frameworks are access water or pasture, which leads to conflict. The insufficient for protecting the land rights of indigenous conservancies’ claim that they benefit both wildlife and peoples, for handling disagreements or contestation communities through land use planning, ecotourism, over land rights, and for determining who is indigenous. and other ventures remains controversial, as they can The Community Land Act of 2016 provides for group also be a source of exclusion and interethnic conflict. registration of land by indigenous occupants, but imple- Large infrastructure projects . Large infrastructure mentation cannot begin until the cadastral mapping is projects promise benefits to the county but raise multi- complete. Some are concerned that provisions of the ple issues relating to land ownership and property rights; act could interfere with nomadic livelihoods and sys- displacement and restriction of pastoral mobility; and tems, favor the most empowered groups, or lead to other socioeconomic and environmental impacts, conflict over land claims. such as pollution, urbanization, and modernization. Drought. Drought leads to pastoral mobility and Information and consultations are lacking, and there incursions into areas that are relatively better watered. has been political interference. The Isiolo airport proj- However, drought does not by itself cause conflict ect is a case in point: irregularities and land grabbing absent the alienation of communal lands for other pur- by the political elite marred the resettlement and com- poses, such as investment, development, and conserva- pensation processes. And the twin dams planned for tion, which exacerbates the shortage of available water the Ewaso Ng’iro River to supply a planned resort city and pastures during dry times. (whose site is now likely to change) are already the
vi Isiolo County: Rapid Assessment of the Institutional Architecture for Conflict Mitigation subject of protests over the threat of depletion of the devolution, land serves as a potent political campaign downstream water vital to pastoralists. tool, which has led to increased tensions and conflict, par- Divisive administration, political competition, and ticularly along the Meru–Isiolo border. Many suspect the marginalization . Devolution raises the stakes for the con- county government of misappropriation of funds: 34 per- trol of counties, particularly with the advent of large-scale cent of devolved funds have gone to development, with development. This has exacerbated border conflicts. the remainder spend on recurrent expenditures—mainly Weak policing . The police lack the manpower, salaries, fees, maintenance, and expenses. resources, and capacity to police the county’s vast arid areas. Pastoralist communities therefore arm them- RESPONSES TO CONFLICT selves, and this may lead to increased intercommunal violence. Counties do not play a formal security role in Kenya, but they are relevantly engaged in prevention efforts, par- DEVOLUTION AND CONFLICT ticularly in terms of development. Devolution creates an opportunity to examine locally relevant preventative Devolution has the potential to alleviate conflict by interventions that follow international best practices. addressing marginalization and facilitating local prob- Counties participate in planning and priority-setting for lem solving or to exacerbate conflict by creating new policing through county authorities linked to security borders and political positions with control over large decision-making organs, and they oversee community budgets and projects. policing initiatives. However, due to legal delays and a The county integrated development plan (CIDP) out- lack of supporting guidance, these policing authorities lines several administrative interventions that indirectly are still not operational in most counties. address insecurity, particularly in terms of development, Formal security actors include the police, special- but also with planned interventions such as peacebuilding ized police units, and the army. Police lack sufficient activities, community policing, the creation of a land policy manpower, capacity, and resources to meet the chal- and spatial plan, and the improvement of physical infra- lenges of the counties, and live and work under poor structure (buildings) for police. The county government’s conditions. The new constitution reduced the authority lack of capacity and its institutional weaknesses create and power of chiefs (the first tier of government), who tensions over issues such as the irregularities in land real- used to mobilize the police force. Formal security actors location for the airport and lead to missed opportunities have engaged in disarmament exercises in the county for quelling conflict. Relations between the national gov- as a strategy for dealing with conflict, but allegations of ernment’s administration office in Isiolo County and the human rights abuses, asymmetrical disarmament, and county government used to be good but have become simultaneous armament of community members have strained, hampering efforts to coordinate on projects tainted these efforts. relevant to security and peace. Numerous sources inter- Informal security actors include the National Police viewed for this research cited the lack of participation Reserve (NPR), an armed auxiliary force comprising among citizens as a key problem. Political power is distrib- volunteers guarding their respective localities. The uted among the various ethnic groups, except the Meru, reserves are popular among locals for providing a ser- an increasingly less well represented minority. Since vice that the police cannot provide. Perennial concerns
Executive Summary vii arise, however, regarding poor discipline and unprofes- The Borana ethnic group has an active traditional sional behavior as well as the potential of recruitment system of land management for grazing, enforced by patterns to follow ethnic rivalries, thereby complicat- the Dedha council of elders. It limits the exploitation ing conflict dynamics. Around 200 police reservists cur- of natural resources, such as water sources, pastures, rently provide armed security for conservancies. The and forests, preserving them for the benefit of all, and NRT has extensively trained and equipped these forces, manages in-migration by other ethnic groups. Conflicts even organizing some into specialized antipoaching do still arise, however, exacerbated by drought and units. This arrangement raises concerns about the lack land alienation for other purposes. Generational con- of oversight by the state and the potential for reservists flict within the Borana community sometimes threatens to participate in ethnicized land conflicts in the guise of the smooth working of the system, which also faces the conservancy security. However, many view the conser- challenges of modernization and complex land issues vancy model as a strategy for community security. involving multiple stakeholders. The various players involved in peacebuilding The much-celebrated Modogashe Declaration, bro- include the national government administration office; kered by community leaders and government represen- the county government; elders; faith-based organiza- tatives from Kenya’s eastern and northeastern provinces tions, including the Interfaith Network, Caritas, and in 2001, formalized preexisting peace-building practices Catholic Justice and Peace Commission; nongovern- and many have given it credit for reducing conflict. mental organizations, including Isiolo Peace Link and Stakeholders are supposed to conduct a biannual review Isiolo Peace Triangle; community-based organizations; of its relevance and consistency and to evaluate the sta- Frontier Counties Development Council; and, formerly tus of its implementation, however, since its inception, District Peace Committees. Key stakeholders inter- there has only been one review—in May of 2005. The viewed for this study mentioned that only the national 2013 Nanyuki Accord between elected and community government administration office and the elders are leaders of Meru and Isiolo counties helped calm the considered to be strong players; faith-based organi- border conflict with an agreement to go through official zations are considered to be moderately strong. The channels. The Ministry of the Interior set up a commis- District Peace Committees no longer have funding, and sion to handle the matter, but Isiolo communities suc- the Isiolo County government lacks the peace director- cessfully challenged it in court, claiming that it was not ate that some other counties have. There is, however, independent. Sporadic violence persists in the area. the Department of County Cohesion, which integrates In 2013, a pilot project for alternative dispute resolu- itself into other departments and national government tion was launched in Isiolo County to reduce the backlog partners in conflict situations. Two relevant pieces in courts and promote access to justice in the society. of county legislation are pending passage: the Isiolo The project succeeded in resolving many disputes. County Climate Change Fund Bill, which would create a Khadi courts also play a role in terms of dispute reso- climate fund for increasing resilience to drought at the lution by handling issues of Muslim law relating to county level, and the Isiolo County Customary Natural personal status, marriage, divorce, and inheritance. Resource Management Bill, which would formalize tra- Measures dealing with violent extremism include ditional management systems. county government efforts at improving civic education
viii Isiolo County: Rapid Assessment of the Institutional Architecture for Conflict Mitigation and the Interfaith Network talking to students. There is a For National Government lack of financing and no coherent policy in the county to u Provide security to all communities to reduce the address radicalization. Many accuse the Anti-Terrorism demand for firearms; avoid unilaterally disarming Police Unit of a heavy-handed approach and are con- communities. cerned that there are Al Shabaab sympathizers within u Accept and support the County Policing Authority the police force, and this deters people from reporting including participation of the Independent Policy incidents. Oversight Authority at the county level. u Initiate sensitivity training for police to understand RECOMMENDATIONS northern cultures and mobile policing systems to work with communities. For Isiolo County Government u Coordinate, streamline, and cross-link existing insti- u Mainstream peace and conflict sensitivity in the tutional mechanisms, including the District Peace CIDP as a key component across all departments Committee—Nyumba Kumi—and the cohesion and ministries. committee to foster information sharing rather u Establish a county policing authority. than competition. u Create a peace directorate with its own funding and u Establish mechanisms for sharing information and build its capacity. data on security with the county, council of elders, u Establish a ground-level data-collecting mechanism and civil society. for early warning on insecurity. u Create a mechanism for a common development u Fund local peace initiatives and collection of data. and growth agenda among all stakeholders. u Use the council of governors to mediate intercounty u Together with county government, create a pol- disputes, particularly Garissa and Meru counties. icy framework and prepare Isiolo communities for u Together with the national government, enhance mega-projects through information-sharing; partic- and formalize the traditional mechanism of conflict ipation; clear compensation systems, including the resolution and mitigation. prioritization of unskilled labor and training oppor- u Enact the climate fund and build capacity among tunities for locals; consider creating one-stop cen- those responsible for its implementation. ters for these purposes. u Prepare Isiolo communities for mega-projects u Develop value-added facilities in the livestock through information sharing and participation; development sector to enable the export of animal together with national government, create a pol- products. icy framework for this purpose that addresses u Together with the county, work to retain and revive informed choice and just compensation. the Isiolo Holding Ground as a strategic facility; evict u Create a budget to train Isiolo youth with skills they those who have encroached on the land. can use once the mega-projects are up and running. u Together with the national government, retain and revive the Isiolo Holding Ground as a strategic facility.
Executive Summary ix For Civil Society, Interfaith Network, and For the World Bank Council of Elders u Strengthen human resource capacity for budgeting, u Establish a bottom-up mechanism for gathering procurement, report writing, and planning. local-level information from front-line, communi- u Build capacity for a conflict-sensitive approach; ty-based organizations. ensure stakeholders mainstream the approach into u Collect data on peace and security for the purposes all service delivery and county projects by fostering of early warning and intervention. the sharing of ideas and views and the setting of u Involve youths in rangeland management commit- common goals. tees with elders; consult with women. u Ensure that Frontier Counties Development Council u Carefully consider the diversification of livelihoods. funds go toward intercounty cooperation.
x Isiolo County: Rapid Assessment of the Institutional Architecture for Conflict Mitigation 1 Introduction
Supporting Kenya’s devolution process is a high priority Initial activities for conflict and violence mitiga- for the World Bank under the Kenya Country Partnership tion will focus on conducting participatory mapping of Strategy. Currently, the primary support through the violence in the pilot counties of Isiolo and Garissa and Kenya Accountable Devolution Program, a technical on providing support to developing county-level con- assistance program that has enabled the World Bank flict-mitigation mechanisms. to establish an in-country team with relevant expertise. The devolution process in Kenya began in 2013, fol- The team provides knowledge, analysis, and technical lowing the adoption of the long-awaited new constitu- assistance to multiple government and nongovernment tion in 2010, a document intended to address historical clients. Additional support is provided by World Bank injustices and improve local-level participation and ser- staff and through the existing Kenya portfolio, includ- vice delivery. This process has impacted conflict, secu- ing projects financed by the International Development rity, and peacebuilding efforts in a host of ways in terms Association as well as via other technical assistance, of political and structural changes, fiscal flows, and advisory services, and analytics focused on devolved development projects. This study examines the dynam- sectors, such as urban, health, agriculture, and water. ics of conflict and the architecture for peace and secu- The program is supporting devolution transition rity prior to and since the start of the devolution process activities in key sectors through the newly formed in Isiolo County. The research involved exploring the Frontier Counties Development Council, led by the gov- structural drivers of conflict, fragility, and resilience; ernors of Isiolo, Mandera, Marsabit, Wajir, Lamu, Tana mapping key peace and security actors, their incentives, River, and Garissa counties. This support focuses on the and their roles under the county’s newly devolved gov- following activities: ernance system; and identifying gaps and opportunities for cooperation and coordination between actors. u Building capacity by providing technical assistance Proponents of devolution cite its potential to for mobilizing resources to promote collective improve democratic decision making and participa- action and regional coordination; tion, thereby reducing tensions (Suberu 2001); increase u Supporting conflict and violence mitigation activities; responsiveness to local needs and reduce bureau- u Working with the national government to develop cracy (Rodriguez-Pose and Gill 2005; Bogdanor 2001) and roll out affirmative actions for addressing mar- and to fuel economic development (Bodea and Le ginalization; and Bas 2014). The United States Agency for International u Supporting sustained innovations for local eco- Development viewed devolution as a way to prevent nomic development. corruption in central systems (USAID 2009). However,
1 during the drafting of the new constitution, Ghai (2007) that qualitative methods were the most appropriate noted that local-level capacity could impede successful choice to give a nuanced insight into the dynamics, with devolution and that institutional burdens could increase quantitative methods to supplement this approach. (see also, Rodriguez-Pose and Gill, 2005). Inequality The team arranged key informant interviews and focus could also increase if some local governments are group discussions with individuals from national and more effective or simply better resourced than others county government, civil society organizations, faith (Robinson 2007: 2). Devolution can increase corruption groups, and community-based organizations. In addi- where democratic institutions are not strong (Barkan tion, the team had access to the findings of a survey on and Chege 1989) and can reinforce ethnic identities, crime and violence in Isiolo County that the World Bank feeding into ethnic conflicts (Lynch 2011; Brancati was conducting concurrently. The team interviewed a 2006). A study conducted in Kenya in 2014 found that total of about 40 key informants and conducted about devolution can reverse the ethnopolitical marginaliza- 20 focus group discussions. The study also benefitted tion of some minority groups, while at the same time from a review of studies on pastoralism, peace, and cause other groups to become minorities for the first conflict in the county from numerous sources, as well time within the new political units, potentially exclud- as information from the Kenya National Archives. The ing them from strongly ethnicized politics (Mkutu et al. selection of respondents was purposeful and relevant 2014). New power struggles might also create divisions to the purpose of the assessment. Team researchers that expose minority groups more exclusion than prior were able to tap into valuable preexisting networks in to devolution. the administrative sectors, maximizing access to key A rapid assessment of the institutional architecture informants and information. Time constraints as well in Isiolo County, conducted August 2016 to June 2017, as geographic and security challenges were among the took a mixed approach in the collection and analysis of limitations to this work. primary and secondary data. The study team decided
2 Isiolo County: Rapid Assessment of the Institutional Architecture for Conflict Mitigation 2 Isiolo County
Isiolo County is situated in the center of Kenya, cover- main economic activity. Many of the best water sources ing an area of about 25,700 square kilometers, which are located within parks and reserves (Isiolo County makes it virtually the same size as the state of Israel 2013). Forty-five percent of the population are settled; (KNBS 2017). Its administration is divided into three the remainder are nomadic or seminomadic (KSFFG subcounties: Isiolo, also the county’s capital; Merti; and Isiolo CSG 2017). The county holds most of its and Garbatulla (see table 2.1). Isiolo shares borders land in trust as community land, which its various occu- with eight neighboring counties: Marsabit to the north; pants share. Wajir to the east; Garissa to the southeast; Tana River, In terms of human development, 51 percent of Isiolo Kitui, and Meru to the south; Laikipia to the southwest; residents have had no formal education, 36 percent and Samburu to the west. It is uniquely shaped—the have completed primary education, and only 13 percent southwest section of the county is long and narrow, have a secondary level of education or above (KNBS and frequently traversed by people on their way to other SID 2013). The Gini coefficient—a measure of inequality counties, and therefore subject to conflicts over access in consumption expenditure—is moderate at 0.431. (see map 2.1). Only 19 percent of the population uses electricity as a The county population, estimated to be 143,294 in main source of lighting; and 84 percent of households 2009 and projected to be 158,716 in 2018 (Isiolo County, use firewood or charcoal for cooking fuel. Most- peo 2018), is largely composed of Cushite communities ple have simple housing with earth floors; iron sheets (Oromo-speaking Borana and Sakuye and Somali) as for roofs; and walls made of mud, wood, and/or plant well as Turkana, Samburu, and Meru, communities from other parts of the country (KNBS 2017). Most of Table 2.1. Administrative Divisions in Isiolo these groups are pastoralist, although the Meru are Subcounty Area (km2) Ward agropastoralist. The Borana represent the county’s larg- Isiolo 3,269 Wabera est ethnic group and are the majority holders of local Bulla Pesa administrative and political positions. Burat Ngaremara Isiolo lies between fertile areas in south and central Oldonyiro Kenya and the northern arid areas. Generally, the county Merti 12,612 Chari receives low rainfall—between 300–500 millimeters Cherab per year; and since 2015, rainfall has been lower and Garbatulla 9,819 Kinna temperatures higher (Isiolo County 2013). The climate Garbatulla Sericho and the water-holding capacity of the soil makes the Total 25,700 10 wards land is most suitable for livestock farming, the county’s
3 Map 2.1. Dynamics and Drivers of Conflict in Isiolo County
Sources: IEBC, KNBS 2009, and Mkutu 2005. Disclaimer: The extent of the livestock holding ground is an estimate and may not be accurate. materials. Most have access to improved sources of Vision 2030, which aims to move Kenya into middle- water but not to improved sanitation.1 income status, the Lamu Port South Sudan Ethiopia The town of Isiolo was a strategically important, Transport (LAPSSET) corridor, an international airport, centrally located town under British colonial rule: a large dam projects, a modern abattoir, and oil storage gateway to the northern frontiers and an important site facilities. A recently improved, pan-African highway for disease control and the quarantining of pastoralist connects Ethiopia to central Kenya through the town of cattle moving south. It remains strategic due to the Isiolo. There are three national parks: Buffalo Springs, large-scale capital investments planned under Kenya’s Shaba, and Bisanadi Reserves,2 as well as several conser- vancies and important historical sites. 1. Improved water sources are protected springs and wells, boreholes, water piped into dwellings, and rainwater collection. Improved sanitation is not a subject covered in this study but requires that human waste be kept away from human contact in a 2. Interview with Director of Ministry of Livestock Mohammed Lukhuta, Isiolo Town, hygienic manner. May 9, 2017.
4 Isiolo County: Rapid Assessment of the Institutional Architecture for Conflict Mitigation A view of the Isiolo Holding Ground (also known as a the Livestock Marketing Division), a piece of government land in which many squatters reside, and which is contested by several pastoral groups.
Chapter 2. Isiolo County 5 3 Conflict Dynamics
Conflict in Isiolo County is common and multifactorial, u Urban sprawl, ethnicized land grabbing, and spon- with a confluence of overlapping risk factors Data on taneous settlement; crime and violence incidences in Isiolo for the period u Political marginalization and poverty; 2011–16 from the Armed Conflict Location and Event u Weak policing; and Data Project (ACLED)3 confirms that the most common u Divisive administration. and fatal form of violence was interethnic confronta- The sections below do not attempt to entirely dis- tions, including cattle theft, conflicts over pasture, and entangle conflicts from drivers but instead to present revenge attacks. Forms of conflict and violence include: them in their complexity. Some drivers are only relevant u Resource-based conflicts focused around land-based to specific types of conflict; others are cross-cutting. resources, whether intercommunal or between pas- Map 2.1 also offers a summary of these factors. toralists and other groups or entities using the land; u Intercounty border conflicts, whether political or LAND AND LAW intercommunal; u Ethnopolitical conflicts; Land is a vitally important issue in ethnopolitical u Violent extremism; and conflicts. Conflicts over land often involve county u Interpersonal violence, such as gender-based vio- borders, thereby becoming border conflicts, although lence or youth violence. older issues—predating the creation of counties—can u Drivers of conflict and violence include: also be at play. u Weak legal frameworks protecting indigenous land Large-scale land acquisition for development proj- rights in combination with disagreements and con- ects or conservation can create or exacerbate land-use testation over land rights as well as who is indigenous; conflicts. Most of Isiolo County’s land falls under the u Drought, which leads to pastoral mobility and incur- designation of community land, held in trust by the sions into relatively better-watered areas; county government for communal use. The county also u Cultural factors of conflict in pastoral communities; holds land in the form of game reserves. Complex sets u Proliferation of small arms; of “overlapping rights that are continuously contested u Conservation; and re-negotiated” dictate access to land and pasture u Large infrastructure projects and lack of consultation; (Scoones 1995: 23). Until recently, the Trust Land Act of u Political competition, particularly since devolution; 1963 proclaimed the county council and later the county
3. See www.acleddata.com.
6 government responsible for “giv[ing] effect to” local currently unable to register or receive compensation for people’s rights and interests. The approach has been loss of land due to mega-projects. The potential impact quite effective in maintaining stability and keeping land of the Community Land Act is another area of concern, in the hands of northern Kenyan pastoralists. However, particularly regarding sedenterization or disruption to the National Land Policy of 2009 recognized that “there nomadic livelihoods and customary governance mech- has been widespread abuse of trust in the context of anisms; new conflicts over rights and access to- regis [...] the Trust Land Act” (GOK 2009: 3.3.1.2). In 2016, tered parcels of land; elites benefitting at the expense the Community Land Act superseded the Trust Land of less empowered groups; and the subsequent subdivi- Act. This new law allows communities to collectively sion and sale of pastoral land to the ultimate detriment register ownership of land, however, it has yet to take of pastoral livelihoods. Such problems arose in other effect awaiting cadastral mapping of all the community pastoral areas when group ranches were formed under land in Kenya. Because of the delay, communities are the Land (Group Representatives) Act. Cap 287 of 1968.
Figure 3.1. Factors of Conflict and Peace in in Pastoralist East Africa