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Understanding Cattle Rustling and the Role of Indigenous Conflict Resolution Mechanisms Among the Tugen, Ilchamus and Pokot of Baringo County, 2000-2015

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Understanding Cattle Rustling and the Role of Indigenous Conflict Resolution Mechanisms Among the Tugen, Ilchamus and Pokot of Baringo County, 2000-2015 DEPARTMENT OF HISTORY AND ARCHAEOLOGY MA IN ARMED CONFLICT AND PEACE STUDIES UNDERSTANDING CATTLE RUSTLING AND THE ROLE OF INDIGENOUS CONFLICT RESOLUTION MECHANISMS AMONG THE TUGEN, ILCHAMUS AND POKOT OF BARINGO COUNTY, 2000-2015 KWONYIKE MOSES MELIL M.A PROJECT A RESEARCH PROJECT PAPER SUBMITTED IN PARTIAL FULFILMENT OF THE REQUIREMENT FOR THE AWARD OF THE DEGREE OF MASTER OF ARTS, ARMED CONFLICT AND PEACE STUDIES, UNIVERSITY OF NAIROBI. 2018 1 DECLARATION THIS IS MY ORIGINAL WORK AND HAS NOT BEEN PRESENTED FOR A DEGREE IN ANY OTHER UNIVERSITY. ……………………………………………. Date………………………….. KWONYIKE MOSES MELIL C50/74289/2014 THIS PROJECT HAS BEEN SUBMITTED WITH THE APPROVAL OF UNIVERSITY SUPERVISORS: …………………………………………. DATE………………………………. DR. MARY MWIANDI 2 DEDICATION This work is dedicated to my late father, Mzee Kwonyike Cheptoo (Kimutus), without whose efforts, I would not have gone to school. His personal focus and sacrifice as an illiterate herdsman was incredible. 3 ACKNOWLEDGEMENTS In my efforts to accomplish this study, there are people whose contributions cannot be ignored. I would like to pay special thanks to my two supervisors Prof. G. Muriuki and Dr. M. Mwiandi for finding time to review my work (Prof. Muriuki retired before I graduated, though he signed the initial Project Paper I defended at the department). Their time spent and critique was invaluable. To you two, special thanks. I would also like to express gratitude to the departmental post-graduate coordinator, Dr. G. Gona whose contribution to this work is worth a mention. A special mention also goes to Prof. V.G. Simiyu for helping in the reconstruction of the topic. Mention also goes to the other lecturers in the Department including, Prof E.W. Wahome, Dr. M.W. Gachihi, Dr. Misigo Amatsimbi and Mr. D. Masika for the endless advices and encouragement. My family’s endurance of my absence while in the field for data collection deserves appreciation too. The other category of interest in this regard goes to my fellow student colleagues: N. Aura, for his assistance in data collection and document review, J. Osodo and the entire class of 2014/2015 for the common toil in pursuit of knowledge. To you all, thank you. Finally, I would like to thank the following key respondents, without whom this project would not have been a possibility. Special recognition goes to Senior Chief (rtd) J. Ole Kirati, J. Chepsergon, Rev. P. Chemaswet, A. Ole Chesuswo, Mzee Atabarus, and M. Terter. To those that I have not mentioned here, please accept my sincere gratitude for your contribution to this work. 4 ABSTRACT This study was on understanding cattle rustling and application of indigenous conflict resolution mechanisms among the Tugen, Ilchamus and Pokot of Baringo County. The study sought to assess the hypotheses that cattle rustling activities have been rampant in the County since 2000. Violent conflicts involving pastoralists in Baringo County are widespread and severe. In analysing the data, the study used Opportunity Theory by Cohen Lawrence, Ray Jeffrey and Land Kenneth. The theory argues that human actions including tendency to commit a crime (for instance, cattle rustling) is motivated by existence of systemic gaps in institutions charged with responsibilities of curbing such vices. The research utilised both primary and secondary data. The study interviewed 22 respondents and held 4 focus group discussions with respondents from the three communities, plus government officials in the study area. Respondents were picked by use of snowball and random sampling techniques based on researcher’s prior knowledge of key respondents. The study established that pastoralists in the area are largely nomadic, living primarily in arid / semi-arid areas and depend on livestock for their livelihood. Among the factors contributing to conflict in the area are rampant cattle raids, proliferation of illicit arms, inadequate policing and inadequate security arrangements, diminishing role of traditional governance systems and competition over access to natural resources. The existence of crime-supportive norms in cultural set ups serve as a motivator for criminal commission in the study area. The study argues that in Baringo, there has existed in the past and still exist indigenous mechanisms of prevention and resolution of conflicts, based majorly on elders. These are men and women of a certain age who make use of their status as the custodians of the communities’ culture and traditions to curb conflicts. However, most of the indigenous practices of conflict prevention/resolution and peace building are intra-communal, and little effort in academic or policy have been made to assess the possibility of widening the applicability of these mechanisms beyond a single community. The study established that through harmonisation of indigenous conflict resolution mechanisms, Baringo can realize peace that has been a pipe dream for long due to frequent cattle rustling and banditry in the county. 5 TABLE OF CONTENTS DEDICATION.................................................................................................................i DECLARATION.............................................................................................................ii ACKNOWLEDGEMENT...............................................................................................iii ABSTRACT.....................................................................................................................iv TABLE OF CONTENTS.................................................................................................v MAP OF STUDY AREA................................................................................................vii LIST OF ABBREVIATIONS.........................................................................................ix DEFINITION OF TERMS..............................................................................................x CHAPTER ONE 1.0 INTRODUCTION.......................................................................................................1 1.1 Background to the study..............................................................................................1 1.2 Statement of research problem.....................................................................................5 1.3 Objectives of the study.................................................................................................6 1.4 Justification of the study..............................................................................................6 1.5 Scope and limitations....................................................................................................7 1.6 Literature review...........................................................................................................7 1.7 Theoretical framework.................................................................................................15 1.8 Research hypotheses....................................................................................................16 1.9 Methodology................................................................................................................16 CHAPTER TWO 2.0 HISTORICAL BACKGROUND TO CATTLE RUSTLING AMONG THE TUGEN, ILCHAMUS AND POKOT 2.1 Introduction........................................................................................................18 2.2 Geography of Baringo County............................................................................18 2.3 The People of Baringo.........................................................................................19 2.3.0 The Tugen...................................................................................................19 2.3.1 Social structure of the Tugen......................................................................19 2.3.2 Economic organisation................................................................................20 6 2.3.3 Political organisation...................................................................................21 2.4.0 The Ilchamus...............................................................................................23 2.4.1 Social structure............................................................................................23 2.4.2 Economic organisation................................................................................26 2.4.3 Political organisation...................................................................................28 2.5.0 The Pokot....................................................................................................29 2.5.1 History of the Pokot....................................................................................29 2.5.2 Social structure............................................................................................30 2.5.2 Economic organisation................................................................................32 2.5.3 Political organisation...................................................................................33 2.6 Historical background to cattle rustling in Baringo County............................................34 2.7 Conclusion........................................................................................................................39 CHAPTER THREE CHANGING NATURE OF CATTLE RUSTLING IN BARINGO COUNTY IN THE 21st CENTURY 3.1 Introduction......................................................................................................................40
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