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BARINGO COUNTY PEACE AND CONFLICT PROFILE Ministry of Interior and Coordination of National Government NATIONAL STEERING COMMITTEE ON PEACE BUILDING & CONFLICT MANAGEMENT A A M NI Y N KE A

Baringo county peace and conflict profile

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Baringo County Peace profile provides a synopsis of demographic, economic, sociological and environmental background of the County. It illustrates people and ethnicities living in the area; current and potential conflicts in the county outlining security hotspots and potential dividing and uniting issues. The profiles concludes by providing recommendations and quick actions for action by County and National Government and stakeholders concerned of peaceful coexistence in the county. The profile was compiled and authored between 2013 - 2014 by Lazarus Kubasu Nolasco ([email protected])

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Page 1: Baringo county peace and conflict profile

1Peace and conflict profile

BARINGO COUNTYPEACE AND CONFLICT PROFILE

M i n i s t r y o f I n t e r i o r a n d C o o r d i n a t i o n o f N a t i o n a l G ove r n m e n t

N AT I O N A L S T E E R I N G C O M M I T T E EO N P E AC E B U I L D I N G & C O N F L I C T M A N A G E M E N T

AAM NIYNKE A

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2014

Disclaimer:The views expressed in this report do not necessarily reflect the view of the Government of Kenya (GoK) or United States Agency for International Development (USAID).

Information gathering and review for Lamu County Peace and Conflict Profile was collected by Conflict Analysts from NSC comprising Thomson Muthama, Peter Mwamachi, Samwel Ngunjiri, James Owino and Ahmed Biko

The team was supported by field researchers: Babu Ayindo, Doreen Ruto, Muktar Liban, Shaba Varajab, Johnstone Kibor and Mugethi Gitau.

PACT support to the process was coordinated by Kassie Mc Ilvaine and Nikolai Hutchingson.

The entire process including data collection, compilation, review and stakeholders’ validation forums was coordinated by Kiarie Njuguna. Initial compilation was done by Dr. Makodingo Washington and the final review, compilation and editing done by Lazarus Kubasu Nolasco, Conflict Specialist Consultant, for the National Steering Committee on Peacebuilding and Conflict Management (NSC).

Overall leadership and direction was provided by S.K. Maina, EBS, the National Coordinator, National Steering Committee on Peace Building and Conflict Management (NSC).

Cover design and Layout by: Samuel Kinyanjui

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ContentsAbbreviations 4

1.0 Introduction 61.1 The National Steering Committee on Peacebuilding and Conflict Management (NSC) 61.2 Rationale for County Peace and Conflict Profile 61.3 Methodology 7

2.0 Demographics and Socio-Cultural Analysis 7

3.0 Priority Conflict Dynamics 113.1 Key Conflict Issues 11

4.0 Security Analysis 134.1 Epicenters of conflict and insecurity 13

5.0 Economic and Environmental Analysis 14

6.0 Political Trends 15

7.0 Access to Justice and Dispute Resolution Mechanisms 16

8.0 Role of the National Government in Peacebuilding

and Conflict Management 16

9.0 Role of County Governments in Peacebuilding

and Conflict Management 179.1 Opportunities for Sustainable Peace and Security 189.2 Recommendation from County Stakeholders 18

10.0 Quick-Win Propositions 22

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AbbreviationsADR Alternative Dispute Resolution

ADRA Adventist Relief Agency

ALRMP Arid Lands Resource Management Project

AIRFF Africa International Relief Friendship Foundation

CEWARN Conflict Early Warning and Response Mechanism

CEWERU Conflict Early Warning and Response Unit

CIPK The Council of Imams and Preachers of Kenya

CJPC Catholic Justice and Peace Commission

CORD Coalition for Reforms and Democracy

CPA County Policing Authority

CPFs County Peace Forums

CPMR Conflict Prevention, Management and Resolution

CRA Commission on Revenue Allocation

CRECO Constitution and Reform Education Consortium

CSO Civil Society Organization

CTF County Task Force

CUC Court Users Committees

EAC East Africa Community

FGDs Focus Group Discussions

GoK Government of Kenya

IDRC Institute for Disaster Risk Reduction and Climate Change

IDoP International Day of Peace

IEBC Independent Electoral and Boundaries Commission

IGAD Inter-Governmental Authority on Development

KANU Kenya African National Union

KEPSA Kenya Private Sector Alliance

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KII Key Informant Interviews

KNBS Kenya National Bureau of Statistics

MID Mwafrika Institute of Development

MoICNG Ministry of Interior and Coordination of National Government

MoSPAIS Ministry of State for Provincial Administration and Internal Security

NARC-K National Rainbow Coalition- Kenya

NCEWERS National Conflict Early Warning and Early Response System

NCIC National Cohesion and Integration Commission

NDMA National Drought Management Authority

NEMA National Environmental Management Authority

NIS National Intelligence Service

NLC National Land Commission

NPC National Peace Council

NPS National Police Service

NSC-PBCM National Steering Committee on Peacebuilding and Conflict Management

ODM Orange Democratic Movement

PDA Peace Data Analyst

PM Peace Monitors

PSI Pastoralists Shade Initiative

PSV Passenger Service Vehicle

SCPC Sub-county Peace Committee

R-WPL Rural Women Peace Link

SRIC Security Research and Information Centre

SUPKEM Supreme Council for Kenya Muslims

UNDP United Nations Development Programme

USAID United States Agency for International Development

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1.0 Introduction1.1 The National Steering Committee on Peacebuilding and Conflict

Management (NSC)

The National Steering Committee on Peacebuilding and Conflict Management (NSC) was established in 2001. It is an inter-agency committee comprising peace, security and development stakeholders. Its mandate is to consolidate and coordinate peacebuilding and conflict management initiatives in Kenya. The committee brings together peace stakeholders from relevant Government Ministries and Departments, civil society, development partners, and UN agencies.

In Kenya, the NSC is also the National Conflict Early Warning and Early Response Unit (CEWERU) under the Inter-Governmental Authority on Development’s (IGAD) Conflict Early Warning (CEWARN) mechanism with the mandate to implement the CEWARN Protocol. The NSC is served by a secretariat based within the Ministry of Interior and Coordination of National Government. It has since developed the National Policy on Peacebuilding and Conflict Management that provides strategic direction to peace processes and strengthening of Kenya’s infrastructure for peace. It has also developed Standard Guidelines and Terms of Reference for the Establishment of Peace Structures.

1.2 Rationale for County Peace and Conflict Profile

The NSC has been instrumental in steering the peace processes in the country, focusing on consolidating and strengthening local level responsiveness and capacity in handling conflict situations. In view of the political and administrative changes in the country, NSC in collaboration with CEWARN, USAID, PACT and Act Change Transform (Act!) and a number of peace stakeholders embarked on developing the peace and conflict profiles to track conflict trends and dynamics as well as their effect on peace and development in all the 47 counties.

This work has been validated, reviewed and finalized and is now brought to the attention of the County Government for implementation of the findings. It is

expected that the work will provide a solid platform for the County Government to respond proactively to the core challenges of sustainable peace, security and development at the sub-national level.

In addition, it is expected that this report will assist the County Government mainstream conflict management in development planning, legislative agenda, and resource allocation creating a sound framework for sustainable development.

“National SteeringCommittee (NSC)provides a holistic

approach toconflict prevention,management, and

resolution”

It is expected that the County Government

will mainstreamfindings of this report in development planning,

legislative agenda, governance framework and resource allocation

for peaceful counties

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1.3 Methodology

This report is an outcome of desk review of various sources of data, field research and consultations with peace and security stakeholders in the county undertaken by NSC between November 2012 and June 2014.

Field research involved key informant interviews and focus group discussions (FGDs). Participants included youth, women, opinion leaders, members of local peace committees, government officials at all levels and civil society organizations (CSOs). Secondary data was sourced from various key reports including the Kenya National Bureau of Statistics (KNBS) Census Report of 2009; Independent Electoral and Boundaries Commission (IEBC) reports on electoral boundaries and registration of voter statistics; County Fact Sheets from the Commission for Revenue Allocation (CRA); UWIANO Platform for Peace reports; various NSC/ CEWARN sources including county briefs and county situational analysis reports, the National Conflict Mapping and Analysis publication (2011); Security Research and Information Center (SRIC) Report on Crime Observatory; Constitution and Reform Education Consortium (CRECO) Report and PACT draft county profiles among others.

After consolidation of the initial findings, a validation forum was conducted in the county involving the Office of the Governor, a cross section of political leaders from the County including members of the County assembly and Members of Parliament in the county, other opinion leaders, Faith based organizations, the county security committee including the County Commissioner, National Police Service commanders in the county, Deputy County Commissioners from all the sub-counties; other government officials in the county drawn from sectors dealing with Land matters, IEBC, environment (NEMA), wildlife conservation, agriculture, livestock and fisheries, the Judiciary (local courts), forestry, representatives from all the sub-county peace committees, the County Peace Forum, women groups, youth representatives, people living with disabilities, and local Civil society organizations working in the peace and security sector.

2.0 Demographics and Socio-Cultural AnalysisBaringo County is situated in the former Rift Valley Province and shares borders with a number of neighbors namely, West Pokot, Elgeyo Marakwet, Nakuru, Laikipia,

Turkana, Kericho, Samburu and Uasin Gishu Counties. It occupies an area of 11,015 square kilometers1 has a population of 555,5612 who predominantly belong to the Kalenjin community. The county has minority groups such as the Chamus, Endorois, Nubians and Ogiek who have been trying to get their own constituency to represent their political interests citing marginalization by the rest of the Kalenjin community.

1 Commission of Revenue Allocation Fact Sheet: Baringo County available at http://kenya.usaid.gov/sites/default/files/profiles/Baringo%20County.pdf

2 Republic of Kenya -2009; National Population and Housing Census, Government Printer, Nairobi.

Land area of 11,015Km2

Total Population ofBaringo County is

estimated to be 555,561people.

Male - 50%,Female – 50%

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Below please find selected County Statistics for Baringo

Surface Area: 11,015 Km2

Number of Constituencies (2010):  7 (Baringo West, Baringo Central, Eldama Ravine, Mochongoi, Mogotio, Baringo South, Tiaty)

County capital:  Kabarnet Town

Population: 555,561 (Male – 50 %, Female – 50-%)

Population Density: 50 people per Km2

Population Growth Rate: 2.6 %

Number of Households 110,649

Poverty Rate:  57.4 %

Population with Secondary Education: 11.7%

Population with Primary Education: 67.7%

Urban Population: 12.7% (70,995)

The county has both a rural and an urban population with a number of important towns namely Kabarnet, Eldama Ravine, Marigat, Maji Mazuri, Mogotio, Chemolingot, Tangulbei, Kolowa, Kabartonjo, Mochongoi and Timboroa.

There is, however, a small non-Kalenjin population especially the Kikuyu found on the Nakuru-Eldoret highway and around the Timboroa area. Resources in the county include arable land, forests, wildlife, seasonal rivers, fisheries, lakes, geysers and hot springs. The county is host to both Lakes Baringo and Bogoria which are the top tourist attractions.

Temperatures range between 10 °C and 35.0 °C in different parts of the county. The rainfall varies from 1,000 to 1,500mm in the highlands to 600mm per annum in the lowlands. The county is generally arid and semi-arid and is characterized by scarcity of natural resources and changing weather patterns that has made pastoralism the main form of economic activity and source of livelihood.

Due to its aridity, poor and unreliable rainfall in most parts, history of socio political and economic marginalization, poverty and conflicts continue to define Baringo County. With a poverty rate of 57.4 % against the national average of 47.2%, the Commission of Revenue Allocation in Kenya ranks Baringo among the poorest counties in the country.

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Tourist Attractions and Sites:  • Wildlife, Scenic Sites• Eco-tourism• Escarpments• Lakes Baringo and Bogoria, Ol Kokwe Island, Ruko

Conservancy, Escarpments• Paka Hot Springs• Tugen Hills• Mt. Tiaty• Lake Kapronok• Silale Caves• Chemasus Dam

Natural Resources: Land, Water, Wildlife, Livestock, Pasture, Forests, Minerals, Medicinal Plants, Solar, Wind Energy

FY 2013/14 CRA Allocation:   Kes. 3,247,853,214

Main Economic Activities/Industries: Nomadic Pastoralism, Mining, Commercial Businesses.

Social and Cultural activities: Majorly agro-pastoralists

Agricultural products: • Livestock Products, Maize, Beans, Potatoes, sorghum, millet, pyrethrum, cotton, coffee, fruits and horticultural products.

Potential: • Well-endowed with natural capital including livestock, water, land, minerals and forests Indigenous knowledge systems that help community cope with and adapt to the environment e.g., through mobile lifestyle

• Diversified livelihood system• Existing ASAL development plan• Increased Government and development partners

interest in ASAL development.• County Governments and devolution offer new

opportunities in the region• Drive for peaceful co-existence with other

communities in the region after 2013 election.• National and international interest in the region as

the frontier for development activities• Value addition from livestock products• Emerging livestock rearing such a poultry,

snakes, crocodiles, chameleons, camels, tortoises, crocodiles, fish, birds

• Crop farming using drought resistant/escaping crops

• Commercial production of medicinal plants such as Aloe Vera and Prunus Africana

• Irrigated agriculture under irrigation schemes such as Perkerra, Kolowa, Sandai, Lororo, Mosuro,

• Kapkuikui, Mukutani, Maji Moto, Sossion and Kamono

• Hydropower from Chemasus dam

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3.0 Priority Conflict DynamicsConflicts in Baringo County are mainly as a result of sporadic livestock raids in the neighbouring counties. The borders between Baringo and West Pokot and Baringo and Laikipia are porous and vulnerable to armed cattle rustlers. Raiding in these counties is common3.

Relations between the Tugen and the Pokot in Baringo North constituency have for years been marked by cycles of violence and revenge attacks and cattle raids. In May 2012, clashes between the Pokot and the Tugen led to displacements of populations from their homes due to escalation of violent hostilities between the two communities. The most affected at the time were the Tugen community. Over the years, firearms have replaced more traditional weapons like bows and arrows.

3.1 Key Conflict Issues

• Cattle rustling along West Pokot, Laikipia, and Turkana border: There has been longstanding conflict between Pokot/Turkana at the borderline in Kapedo, Pokot/Samburu in Laikipia – Mochongoi, Pokot/Illchamus in Arabal/Ngataruko and Pokot /Tugen in Baringo North border. This is because predominant communities in the county - Pokot, Tugen, Samburu and Ilchamus all depend on livestock for their livelihood. The frequency of conflicts between these communities increases drastically during times of drought. Scarcity of natural

3 Constitution and Reform Education Consortium (CRECO), 2012, Building a Culture of Peace in Kenya: Baseline Report on Conflict Mapping and Profiles of 47 Counties in Kenya, CRECO, Nairobi.

Challenges: • Water is the biggest challenge in the county• Poor infrastructure• Occasional resource conflict in the region,• Endemic poverty and rising population,• Predominance of livestock monoculture,• Low interest in private sector investment• Lack of electricity in most parts of the county

particularly East Baringo.• Lack of sustained cross border mechanisms• Inadequate resources• High levels of illiteracy• Insecurity• Border disputes and aggression• Inadequate health facilities• Retrogressive cultural practices

Source: Varied – CRA, KNBS, County Profiles

• CattlerustlingalongWestPokot,Laikipia,Turkanaborder• Smallarmsfromtheneighboringcounties• InequitableLanduseandsustainableinvestment• PerceivedlackofrepresentationfromMinoritycommunities• WaterScarcity,LivelihoodandConflict

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resources causes tension between the communities which depend on the same resources. Furthermore, loss of livestock during droughts has led to extensive livestock rustling activities, as families seek to return lost assets to better guarantee their survival. Other significant factors for conflict are the fact that these areas are generally marginalized and lack development. Access to arms coupled with poverty has also served to significantly increase the scale of cattle rustling as well as the rate of fatalities in conflicts over pasture and water. However, like many counties in arid areas, there is a dilemma: while the increase in firearms has had many negative consequences, the general lack of security has forced herders to obtain arms to protect their livestock. This fact has served to threaten the general security of Baringo County.

• Small arms from the neighboring counties: The increase in the number of raids and violent nature of the raids has seen a rise in the number and sophistication of arms in the county. The raiders come in armies of 5-20 although armies of 50-200 have been reported before, each carrying a weapon. The county is awash with small arms particularly in hotspot areas on the borderlines. These arms not only sustain conflicts and livestock raiding but also exacerbate interethnic tensions, intensifying violence and contributing to wider destabilization in the region as arms are dispersed. Like many counties in arid and semi areas, there is a dilemma: while the increase in firearms has had many negative consequences, the general lack of security has forced herders to obtain arms to protect their livestock. This fact has served to threaten the general security of Baringo County.

• Equitable Land use and sustainable investment: Population pressure in Baringo is growing at a very fast rate necessitating a shift from pastoralism to a more sedentary life. This shift is causing some environmental and socio- economic land use conflicts. Land use changes and the consequent changes in land cover characteristics are readily observable in the Baringo landscape. Rapid sedentariness of this area, which has been predominantly occupied by pastoralists, is causing two types of land use conflicts. First, environmental conflicts arise from putting land into uses that are not compatible with its characteristics. Cultivation of areas with little and unreliable rainfall result in frequent crop failures that leave most of the cultivated land bare for long periods. The second conflict arises from competition for land by different land uses, i.e. pastoralism, sedentary agriculture, tree harvesting and conservation particularly in areas of Mukutani, Marigat, Arabal, Baringo North.

• Representation of Minorities: The Ilchamus and Endorois communities of Baringo County feel that they have been poorly represented in the governance framework of the Baringo County. They feel that very few posts were reserved for them in the County Government. To them this is a significant marginalization issue that needs attention since they fear that it may translate to their being excluded from development and lead to further marginalization of their areas.

• Water Scarcity, Livelihood and Conflict: Clashes over water and pasture

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have significantly increased in the drought-affected pastoralist areas of Baringo. In semi-arid areas like Mukutani and Arabal, the conflicts surround access to water and pasture. The conflicts not only increase with the drought but also intensify as the dry seasons come to an end as the communities move towards their traditional grazing areas and in the process try to replenish stock lost to the drought. In the areas where water is available, it is of poor quality, affecting the health of residents. Baringo East, Marigat has been hard-hit by drought and floods leading to severe food shortages, population displacement and deaths from over control of water points and pasture. Drought and famine-related stress had also led to an increase in cattle-rustling and banditry in Turkana and neighboring East Pokot communities.

4.0 Security AnalysisThe survey revealed hotspots that need attention in Baringo County that also have poor road and communication networks, limited security persons and serve as hiding places and routes for the bandits. The survey revealed that in as much as there are police stations and posts, police patrol, anti-stock theft units, community policing and national administration, the level of security is still inadequate in Baringo County. This is attributed to the remote terrain, poor communication and lack of enough equipment to support the security personnel. The capacity of the security personnel to prevent and mitigate conflict is also limited. Respondents also felt that law enforcement is weak and long chains of command lead to slow response during emergency. Due to corrupt security system and influence from politicians most conflict perpetrators have never been brought to justice. Some respondents observed that cattle rustling in Pokot and Baringo is driven by retired security officers from Pokot who come back home to share their skills with young militia hence the recent case in Baragoi and Nginyang.

4.1 Epicenters of conflict and insecurity

The county did not report presence of any organized criminal gangs, neither were there heightened political activities. There is proliferation of small arms in areas along the border points between the Pokot and Turkana; Pokot and Samburu; Pokot and Tugen where pastoralists arm themselves for security reasons.

• Bartabwa,• Arabal,• Kinyach,• Loruk,• Silale,• Kalapata,• Chemoi,• Yatya,

• Kakir,• Marigat,• KambiNyasi,• Sibilo,• Koroto,• Chepkising,• Naborot,• Nadome,

• Paka,• Akwichatis,• Kading’ding’Seretion,• Lokis,• Ang’oretiang’Kulal,• TiriokoandKapao.

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5.0 Economic and Environmental Analysis The primary economic activity is livestock keeping within the county and externally with some of its aforementioned neighbours. There is also a considerable level of bee keeping and honey harvesting. The county has a generally low economic development rate with less than 10% of the population on the electricity national grid. There are very few tarmac roads. Thus, the county relies heavily on resources transfers from the central government.

Baringo County is partly arid and partly semi-arid with few water resources. Only 35% of the population has access to clean water against a national average of 66%. The area is therefore dry most of the time with very little rainfall in the dry season. There are some seasonal rivers in the county but these emerge only during the rainy Season

When the rainy season sets in, it presents new problems. It causes flooding and much of the loose top soil (from too much heat) is carried into the lakes. This leads to conflicts as communities have to fight for pasture and improve their herds in the rainy seasons. These seasons also coincide with rites of passage which create demand for activities such as livestock rustling. The conflicts that arise in these seasons are pasture and water related. However, they sometimes act as triggers for politically instigated conflicts due to underlying issues like perceptions of marginalization and unresolved historical land injustices. Such conflicts need to be monitored in case they mutate and become politicized.

These harsh environmental conditions have caused food insecurity, livelihood damage and competition for natural resources especially during drought periods. Environmental degradation (excessive sand harvesting, over use of irrigation water in the schemes, cutting down of trees for charcoal, overstocking and overgrazing) is high in Baringo South, Baringo East (newly created Tiaty Constituency.) Environmental degradation and climate change have led to persisting droughts and shrinking of water bodies. Respondents held that water scarcity, lack of pasture and water coupled with catastrophic loss have had a direct impact on household assets and livelihood security and increased cattle rustling as an alternative coping strategy. This problem has also led to food shortages. Respondents stressed that when environment is degraded, drought increases, natural resources shrink, and livelihood vanish and the future of pastoral communities diminishes.Youthincreasingly engage in livestock rustling thereby further heightening tensions and

conflict among the neighboring communities

The county has a number of tourist attractions which include Lakes Baringo and Bogoria. The Lake Baringo area has a wide range of birds which are an added tourist attraction for bird watchers. To this extent, the economic issue has been how income made from these tourist

“The main economic activity is livestock.

Tourism also provides substantial income to the county making it a key economic activity.”

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attractions should be shared with the local community. The local communities took the National government to the African Court of Human and People’s Rights and won in a suit requiring the government to compensate them for giving up land for the tourist facilities.

As the legislation for County Governments is developed, the communities in Baringo are keenly watching the resource sharing clauses. This is informed by the fact that the minority groups have felt marginalized by the previous regime, and are keen to see if changes will occur with the new dispensation.

6.0 Political TrendsIn various parts of Kenya, political processes have at times fuelled conflicts and insecurity. The negative impacts of such conflicts are significant and undermine sustainable development and investment in the country. With the formation of County Governments it is important that the County Government of Baringo addresses the impact of past conflicts and works to prevent future conflicts. In light of this, a brief summary of political trends in the county is presented below.

Currently the county has seven constituencies. Tiaty Constituency has the lowest number of registered voters at 19,960 voters representing only 32 percent of the eligible voters4. The highest number of voters are registered in Eldama Ravine Constituency at 38,252.This could be attributed to the urban nature of most centers in the constituency as well as the dense populations in the arable areas around Maji Mazuri, and Kampi ya Moto. There are members of the Kikuyu community living in these areas as well as the area around Timboroa on the Nakuru-Eldoret highway. Some of the people experienced displacements during the 2007/8 post election violence and there may be some that are still in IDP camps to date. However, at the moment communities in these areas live in relative peace.

Politics in Baringo County is dominated by the former ruling party KANU and decisions are influenced by personalities. Former President Moi was the second President of the Republic of Kenya and was a patron of the former ruling party KANU. In the 2013 general elections, however, URP had very strong influence in the county’s voting pattern. The county experienced significant politically instigated conflicts in 2007-2008. Political dimensions of conflict include ethnicity, political patronage and incitement to violence by political leaders, political intolerance, boundaries and electoral units that are still contested especially in Baringo North Constituency. In Baringo County, there are minority groups which feel marginalized and would like to be represented in the County Government framework. These communities include the Ilchamus and Endorois.

On the other hand, there also exists bad blood between the big communities, generated by what the Kalenjin perceive to be unresolved historical land injustices .The politics of major and minor Kalenjin communities may cause divides that may threaten peaceful co-existence. This is especially common in Eldama Ravine, and 4 IEBC Registered Voters by 18th December 2012 (Provisional).

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Timboroa.

The sharing of resources (at the National and County levels) dominates discussions on the political economy front at the county level.

Voting History in Baringo:1992: KANU (Kenya African National Union)1997: KANU (Kenya African National Union)2002: KANU (Kenya African National Union)2007: ODM (Orange Democratic Movement)2013: URP (United Republican Party)/KANUVoter Turnout:

Baringo County has always experienced high voter turnout during elections with the highest turnout having been recorded in the 1992 elections and the lowest in the 2013 elections:

Highest: 92% (1992 Elections)

Highest: 85.7 (1997 Elections)

Lowest: 68% (2002 Elections)

Modest: 70% (2013 Elections)

7.0 Access to Justice and Dispute Resolution MechanismsDisputes are formally resolved by the Magistrates’ Court located in Kabarnet Town. However, the courts have not been able to sufficiently address the high levels of insecurity in the county. Among factors undermining the role of the judicial institutions is the discrepancy between the official laws and the value system of the local population in the rural parts of this county. Local concepts that define what is just and fair, how a conflict should be ended, how a perpetrator should be punished, and who are the authorities to solve a conflict, differ paradigmatically from the official law. Other factors include the great distances which prevent many people from physically accessing the courts. The magistrate court located in Kabarnet is out of reach to those from the remote area and who form the bulk of those who suffer from conflicts. The result of these limitations has significantly impacted the stability of the County. However, a positive outcome has been a triggering of innovative responses. As conflicts pose a serious threat to peoples’ livelihoods, out of necessity local actors and NGOs have resorted to traditional dispute resolution mechanisms involving elders and local peace structures.

8.0 Role of the National Government in Peacebuilding and Conflict Management

The Government of Kenya is committed to the peace processes at the county, regional, national and international levels. This commitment is demonstrated through

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the ratification of international and regional treaties and protocols on matters of peace and security. The national Government is charged with the responsibility of coordinating peacebuilding and conflict management programmes and processes - it does this in collaboration with county governments and other stakeholders. The government also engages in addressing cross border issues with other regional actors.

The National Government continues to promote peaceful coexistence in the country through various structures and initiatives. These include establishment of peace committees, relevant independent commissions and tribunals, border committees, facilitation of dialogue, capacity building, training and security deployment among others.

Specifically, the National Government has also mainstreamed peace education in the school curriculum, capacity enhancement, establishment of conflict early warning system, monitoring of hate speech, conflict sensitive media education, alternative dispute resolution (ADR) mechanisms, resettlement programs, disarmament and control of illicit arms.

The national government does this through coordination, consultation, collaboration information-sharing and synergy-building among concerned stakeholders. The peace and conflict profiles provide an opportunity for greater collaboration between the national government and county governments in addressing conflicts and realizing sustainable peace and development across the country.

9.0 Role of County Governments in Peacebuilding and Conflict Management

For a long time, the country experienced uneven distribution of power and resources due to centralized system of governance that has also been blamed for conflicts. To address this challenge, Kenya promulgated a new constitution in 2010 that has devolved decision making and resources to the Counties. Devolution of power and resources is therefore viewed as the most appropriate approach for promoting participation, representation, inclusion and accountability in the country. Due to their close proximity to communities, county governments can now effectively respond to the needs of the people and consequently enhance peaceful coexistence in the country.

Therefore, the onset of peacebuilding process begins with ensuring representation and inclusion of all stakeholders in decision making and responding to their socio- economic needs. This will help alleviate tensions based on social exclusion, polarization and regional disparities that are often the root causes of conflicts.

While the national government continues to provide policy, technical and financial support to the peace agenda in the country, the county government has a major role to play in supporting peace processes. This will be achieved through integrating peace

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in the County Integrated Development Plans (CIDPs). The CIDPs should be designed and implemented in a conflict sensitive manner in order to promote inclusiveness, integration and cohesion. The county government should also support the establishment and or strengthening local peace structures including provision of resources to the peace structures. The county should also expedite the establishment of County Policing Authorities (CPA) so as to provide an accountability forum for peace and security in the devolved units. It is increasingly becoming clear that peace is a shared responsibility between the National and County Governments. It should be noted that, promoting a culture of peace is a prerequisite for sustainable development.

9.1 Opportunities for Sustainable Peace and Security

NSC has led national level processes for strengthening peace and security in the country, which are being formalized by the National Peace Policy. It would be important for the County Government of Baringo to build on these existing initiatives as outlined below:

• Institutionalization of local peace structures: such as the Sub County Peace Committee (SCPC), County Peace Forum and County-based Early Warning and Early Response System.

• Support of small arms control processes: through the formation of County Task Forces (CTFs) on small arms.

• International Day of Peace (IDoP): participate in commemorating the IDoP

• Peace Awards: participate in identifying nominees for the awards.

• Organized Criminal Groups: development of approaches for addressing the challenge of organized criminal groups.

• Conflict-Sensitive Planning and Development: Integrating conflict sensitivity in County Strategies and Plans.

• Healing and Reconciliation: Support healing and reconciliation processes including documentation of community peace agreements.

9.2 Recommendation from County Stakeholders

• Ensure Development, Politics and Peace are balanced: Baringo is among the least developed, poorest and most deprived of all counties. Development in the county will be closely tied to building and maintaining peace in the region of West Pokot, Turkana, Samburu, and Laikipia which in turn requires conflict- sensitive

“County Governments are now increasingly considered to have a

key role in responding to social economic

needsof her population as part of consolidation

of peace and state building and thus

alleviate tensions based on social exclusion,

polarization and regional disparities”

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development. No development would be possible and sustainable without this. At the same time, it is important to ensure that efforts are directed towards development and welfare services to ensure that development is inclusive and promotes peace. The county should seek to ensure that development initiatives and allocation of resources is perceived as fair and equitable by the different community groups in the county.

• Involvement of traditional elders in peacebuilding process of the county: Traditional elites and elders play an important role in local conflict mediation, local security, and community property adjudication including the re-integration of returning demobilized youths or warriors. It will be important that the County Government recognize and support their role in these peacebuilding initiatives.

• Support County Peace Forum and Sub-County peace committees: It is important that the County Government supports the critical role the sub-county peace committees play in conflict prevention, management and peacebuilding. Although they cannot guarantee peace they can play an important role in contributing to trust, peace and stability at the local levels. More women should be included in these peace structures and processes.

• Collaborate with the Turkana County Government and Laikipia County Government in solving border land dispute: Conflicts in Baringo County are closely tied with actions of communities in the neighbouring counties of Turkana, West Pokot and Laikipia. It will be vital that the political leadership of Baringo County works closely with the Governors of these counties, the Sub County peace committees, the professionals and the Members of the County Assembly to address cross-border livestock raiding. Collaboration could be taken to the level of creating a green zone along the border between warring communities, i.e. common churches, common schools-primary, common secondary, common tertiary colleges; common university and common market places for trading goods. Running inter-community schools can help in forming higher tolerance among the children and may in turn reduce the number of conflicts. Organizing inter-community sports for solidarity and peace across county borders can also help create cohesion between groups.

• Ensure that all Children of Baringo County attend school: As part of averting livestock rustling in future, the county leadership should ensure that all children of Baringo actually attend school. Schools are few and far apart and pupils have to travel far to access them. Once there, they experience many challenges including inadequate learning resources and very few teachers. All these keep school going children away from school, resultantly-dropout rates are high. To combat this debilitating trend, county leaders should lobby for more funding from the national Government. At the county level, incentives can be mooted to encourage enrollment and retention including availing bursaries for needy students. Where children from conflicting communities have an opportunity to attend school together, stereotypes can be fought and in the process providing a platform for sustained coexistence between groups.

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• Invest in Water Resource Development: The County should invest in water resource development by assessing and analyzing biophysical processes and social dynamics of an area so that the investment can anticipate, prevent and manage conflicts. Importantly, before more water investments are done there should be environmental impact assessments. This is because more investments in water resource can encourage large concentrations of people over long periods of time, leading to land and resource degradation. The reason being that the fragile environments where pastoralists live demand that they move frequently for the resources to recover and avoid permanent degradation.

• Support Community Policing Initiatives: The County Government together with National Police Service and National Administration should calaborate in community policing program that enhances partnership between the law enforcement agencies and community to facilitate quicker response to security problems. This initiative will have to involve the County political leadership, Members of the County Assembly (MCA), security agencies, traditional elders, business community, CSOs and NPRs. The initiative should also engage everyone who has an interest in the peace and safety of Baringo County. The initiative will also share responsibility by identifying and prioritizing problems of crime, livestock theft and social disorder.

• Enable Access to Justice for Pastoralists: The county should put in place framework that engages with the Judiciary and justice reform initiative as a cross cutting issue to help pastoralist community begin appreciating courts as a means of dispute resolution. The following are proposed for purposes of improving access to justice.

• Formalize ‘Indigenous ADR System: It would be beneficial for the county if a connection can be made between the activities of the grass root peace structures and the judiciary. The essence of the peace committees’ work is to negotiate between different value systems, and as such, taking advantage of the provisions of the new constitutional dispensation, the judicial system can emphasize the use of negotiation and or arbitration working alongside these trusted grass root structures.

• Make the judicial institutions and processes more attractive for populations in the arid lands. Besides the integration on ‘indigenous ADR systems’, efforts need to be undertaken to turn the judiciary into a strong alternative to peace initiatives in Baringo County particularly the remote areas. This can be achieved through judicial processes which are understandable for people and which comply with local concepts of justice. Appreciating that contradictions between conflict management and official justice are not easily resolved, it is important to create a forum in which they can at least be debated. There is need for increased awareness of the official legal paradigm among communities to enable them appreciate the role of and seeks to use the judicial system where available. The Court Users Committee which has worked with great success in some parts of the country and particularly Nyando Sub county;

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Kisumu County is worth emulating

• Make judicial institutions more accessible to the remote parts of the county. This can be achieved through a variety of steps, such as increasing the number of mobile courts to overcome physical barriers, simplifying court procedures to make them more understandable for local populations, develop more targeted legal information to increase the population’s legal awareness, and develop a strategy for legal assistance in remote areas.

• Promote sustainable natural resource management system: The County should work closely with the community to put in place mechanisms for Natural resource management and use. The possibility of having an advisor to facilitate putting in place programs that will promote sustainable natural resource system for sustainable rangeland management, improved livelihoods and pastoral empowerment should be explored. This program which should emphasize the use of indigenous technical knowledge (ITK) as grounding for natural resource management should help the community to adapt to a changing environment, conservation of ecosystem diversity, mobility of animals. The system may demand diversification of livestock species and breeds so as to generate a wider variety of livestock products and make better use of forage in different seasons particularly in times of drought. The program advisor must have grounding in disaster risk reduction and sustainable development to be able to lead effectively in this regard.

• Foster market integration and boost the subsistence economy of pastoralists: The County Government should strive to improve access to establish markets for livestock and food crops produced to improve sustainable use of natural resources.

• Land: The County Government should work closely with West Pokot and Turkana County Governments, the National Government and the National Land Commission to put in place collaborative mechanisms that address protracted land disputes in the county particularly at the border points. This institutional framework should help in finding sustainable solution to the disputes.

• Strengthening Partnership with Peace and Security Stakeholders: The communities in Baringo County have encouraged inter-ethnic marriages and joint alliances in security provision. Elders and the local provincial administration are making efforts to compensate loses and return stolen animals to victims of cattle rustling. Construction and use of common trading centres (e.g. Nginyang’ market), construction of schools on the boundary (e.g. Katikit Primary schools, YatiaPrimaryschool,KakirPrimaryschool,Kapedosecondaryschool,LorupandKotuit Primary schools has helped bring the communities together. There are also churches and hospitals established to unite the communities. Cross border peace forums, organized by Sub County Peace Committees, elders and other NGOs have helped reduce conflicts in the county too. However, there is need for more initiatives to help prevent conflicts in the region.

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The CSOs working on peace and development projects in Baringo County include: Mwafrika Institute of Development (MID); Africa International Relief Friendship Foundation (AIRFF); APHIA Family Care International (APHIA PLUS); Rural Women Peace Link (R- WPL); One Africa (Kenya); Baringo Human Rights Consortium; Centre for Human Rights and Advocacy; Pastoralist poverty Reduction Organization; Wheel for Community Development; Kenya Action Network on Small Arms; Institute for Disaster Risk Reduction and Climate Change (IDRC); and Adventist Relief Agency (ADRA). These CSOs should be encouraged to develop effective collaborative partnerships to ensure that synergies are built that will enable sustaining of peace processes in the county.

10.0 Quick-Win Propositionsi. Institute Early warming mechanism in the identified conflict hotspots.

ii. Upscale security infrastructure in the county and particularly the hotspot areas including establishment of Community Policing Committees.

iii. Formalize indigenous ADR systems especially for the remote and border areas.

iv. Engage the community in developing a framework for dealing with/ Punishing those involved in cattle rustling.

v. Make effort to ensure 100% recovery of the stolen animals.

vi. Mobilise communities for increased enrollment and develop and provide incentives for enrollment and retention in schools e.g. provision of bursaries.

vii. Undertake coordinated disarmament exercise.t

viii. Improve road infrastructure in all parts of the county to allow for accessibility and ease of response.

ix. Enhance communication network in the uncovered areas.

x. Develop a negotiated sharing framework policy for the county.

xi. Undertake workshops for county officers, CSOs and other stakeholders on Conflict sensitive programming and resource allocation.

xii. Develop/ Review guidelines for inclusion and participation of all ethnic communities in Baringo County decision making and development processes particularly the minority groups.

xiii. Undertake community managed social/environmental safeguards protection of land and natural resources.

xiv. Train communities on sustainable use of resources.

xv. Legislate laws that promote sustainable use of Natural Resource Management

xvi. Provide water to water scarce communities.

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xvii. Engage communities in developing strategies and guidelines for community managed resource use and management.

xviii. Develop Drought Preparedness Plan.

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The Conflict Analysis Group

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Baringo County Peace Consultative Forum Stakeholders