KENYA DEFENCE FORCES AND MILITARIZATION OF INTERNAL DISPUTES, 1963 - 2013 XAVIER FRANCIS ICHANI A Thesis Submitted to the Board of Postgraduate Studies in Partial Fulfilment of the Requirements for the degree of Doctor of Philosophy in History of Egerton University EGERTON UNIVERSITY NOVEMBER, 2019 DECLARATION AND RECOMMENDATION Declaration This thesis is my original work and has not been previously submitted for any award in this or any other institution. Signature…………………………………… Date………………………………… Xavier Francis Ichani AD11/0476/14 Recommendation This thesis has been submitted with our recommendation as the University supervisors. Signature…………………………………… Date………………………………… Prof. Reuben M. Matheka, Ph.D Department of Philosophy, History and Religion Egerton University Signature…………………………………… Date………………………………… Dr. Halkano A. Wario, Ph.D Department of Philosophy, History and Religion Egerton University ii COPYRIGHT © 2019, Xavier Francis Ichani All rights reserved. No part of this work may be reproduced, stored in any retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise without express citation or permission of the author or Egerton University. iii DEDICATION This work is dedicated to my grandmother, the late Willimina Akiko Itwani, her spouse the late Samuel Omongo, and to the six generations of the Ikamarinyang clan in the following descending chronology: Okolo the father of Abelekwap Abelekwap the father of Anyait Anyait the father of Omongo Omongo the father of Ichana Aguruma Ichana Aguruma the father of Samuel Omongo Samuel Omongo the father of David C.C. Ichani David C.C. Ichani the father of Xavier Francis Ichani iv ACKNOWLEDGEMENT This study has been five years in the making, a multi-faceted and challenging intellectual journey, and one which would indeed not have been possible without the co-operation and encouragement of numerous individuals and institutions. It is therefore my pleasure to appreciate and convey gratitude to all whose effort and assistance immensely contributed to the success of this study. I thank the Almighty God for His unceasing love and mercy because this milestone would not have been possible without His blessings. I wish to recognize the support offered to me by the Department of Philosophy, History and Religion of Egerton University and the staff of the School of Security, Diplomacy and Peace Studies of Kenyatta University for providing a stimulating academic environment for successful completion of this thesis. Thirdly, special appreciation goes to my supervisors, Professor Reuben M. Matheka and Dr. Halkano A. Wario, for their invaluable assistance in shaping up this work to the required standard. I treasure the support and encouragement provided to me by my former colleagues in Moi Air Base and the Kenya Military Academy. I am also most grateful to my dear wife Ruth and our children, Ivy, Ian and Cletus who endured my absence during the time of study. As I join the world of academia, I hope they will embrace and strive to achieve the same. I thank my parents, the late David Ichani and Sabenscia Asikuku. I also thank my brothers and sisters, Richard, Dominic, Roselyn, Jude, Codelia and Taciscio, who have equally been instrumental in enhancing my determination to complete my studies. More thanks go to Dr. George Tom Ekisa for persistently encouraging me to complete doctoral studies. Intellectual companionship of, Alfred Odisa, Caroline Wandiri, Joyce Okemo, Joseph Gathu, Andrew Mung’ale and Hannah Muthoni is also appreciated. Special thanks go to Dr. Oscar Macharia for his editorial role. A debt of gratitude is also due to my research assistants, Eric Chebus and Mohamed Noor, and all the informants who accepted to offer valuable information. Last but not least, I express my gratefulness to the Staff of Kenya National Archives for their cooperation. Their contribution in providing relevant documents greatly enhanced the study. Glory be to the living God. Amen. v ABSTRACT Military intervention has attracted a lot of scholarly attention in the recent past, with many scholars interested in interrogating the motives and justifications for the practice. Many of these studies have mainly focused on military intervention externally rather than the involvement of the military in internal security operations. By examining the rationale and dynamics of Kenya Defence Forces’ (KDF) interventions, this study sought to put forward a prism for internal military intervention based on normative principles of military intervention short of war and justified under existing legal frameworks. The study analysed, the Shifta campaigns (1964-1967), Operation Okoa Maisha (2008) and the ongoing Operation Linda Nchi, in which the KDF interceded to explain how and why it was necessary for it to intervene in these internal disputes which should have been within civil police jurisdiction. The study was guided by the military centrality theory, the theory of securitization and the just war tradition. The military centrality and securitization theories explained circumstances warranting military intervention while the just war theory addressed issues relating to the right to intervene, the right conduct in operation and concerns of justice after the intervention. The conduct of the interventions were assessed against international norms and rules of military engagement. The study utilized both exploratory research and historical research design. The target population was subject to stratified and purposive sampling. Primary data was collected through oral interviews and Focused Group Discussions from a sample size of 210 informants. Collected data was grouped, and corroborated with archival and secondary data and presented using the qualitative research techniques in themes corresponding with the objectives of the study. From the analysis, this study found that there are many normative principles guiding internal military operations. However, operational challenges faced by the military may result in violation of human rights and other constitutional contravention which are often condemned by civil society organizations. Amidst these criticisms, the KDF was legally justified to intervene under the provisions of the UN Charter and the Constitution of Kenya. The major proposition of the study was that, although military interventions may not enlist local support, they are more decisive in ending disputes. As such, the state should not hesitate to deploy her military when such crises occur. However, caution must be taken to ensure that military interventions are conducted strictly in line with the existing normative principles of conduct of hostilities to mitigate excessive use of force. vi TABLE OF CONTENTS DECLARATION AND RECOMMENDATION ..................................................................ii COPYRIGHT......................................................................................................................... iii DEDICATION.........................................................................................................................iv ACKNOWLEDGEMENT.......................................................................................................v ABSTRACT.............................................................................................................................vi TABLE OF CONTENTS ......................................................................................................vii LIST OF TABLES ...................................................................................................................x LIST OF FIGURES ................................................................................................................xi LIST OF ABBREVIATION AND ACRONYMS ...............................................................xii CHAPTER ONE ......................................................................................................................1 INTRODUCTION....................................................................................................................1 1.1 Background to the Study..................................................................................................1 1.2 Statement of the Problem .................................................................................................6 1.3 Objectives of the Study ....................................................................................................7 1.4 Research Questions ..........................................................................................................7 1.5 Purpose of the Study ........................................................................................................8 1.6 Significance and Justification of the Study......................................................................8 1.7 Scope of the Study............................................................................................................9 1.8 Limitations of the Study.................................................................................................11 1.10 Literature Review and Theoretical Framework ...........................................................14 1.10.1 Literature Review ..................................................................................................14 1.10.2 Theoretical Framework..........................................................................................34 1.11 Methodology.............................................................................................................39