SECURITY LAND TENURE AMONG PEASANT FARMERS IN MWEA

IRRIGATION SCHEME, KIRINYAGA COUNTY

NAME: GLADYS GICHOBI CONTACTS :0713944912 EMAIL: gwanjiru140@gmail.com PROGRAMME: 3RD FAHAMU PAN AFRICAN FELLOWSHIP YEAR: 2014/2015

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Table of Contents Item Page No. Abbreviations 3 Acknowledgement 4 Background 5 Chapter One 1.0 Introduction 6 1.2 Research objectives 6 Chapter Two 2.0 Literature review 7 2.1 Control of rice farmers by NIB 7 2.2 Land pressure 7 2.3 Inhumane and unjustified lease withdrawals 7 2.4 Lack of title deeds 7 2.5 Economic slavery 7 2.6 Poverty 7 2.7 Gender imbalance in access sand control of land 7 Chapter Three 3.0 Methodology 10 3.1 Sampling 10 3.2 Data collection methods 10 3.3 Challenges 10 Chapter Four 4.0 Data analysis and presentation of findings 11 4.2 Insecure land tenure 11 4.3 Lack of decision making power among farmers 11 4.4 Economic exploitation 11 4.5 Destructive laws 11 4.6 Corruption and abuse 12 4.7 Inadequacy of services 12 4.8 Gender imbalance and Resource control 12 4.9 Fragmentation of farmers voices 12 Chapter Five 5.0 Conclusion and Recommendations 13 5.1 Conclusions 13 5.2 Recommendations 13-14 References 15

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Abbreviations KHRC: Kenya Human Rights Commission NIB: National Irrigation Board

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Acknowledgements This research work was completed as a result of the contribution of many people and institutions. I would like thanking Fahamu for the opportunity to be a Fellow in the Fellowship Programme ,for the guidance and support provided throughout the learning process and values the contributions of George Mwai through coordination during the Fellowship. I appreciate the views of Mwea Foundation including Victor Munene for information shared on experiences of rice farmers over the years and Mwea community members for sharing their day-to-day struggles in the course of economic activity of rice farming in the various sections within Mwea. I thank members of Future Generation Women Group for sharing their perspectives on how land injustices in Mwea have impacted on them as women. My gratitude goes to the Faculty members namely Dr. Steve Ouma, Esther Mwaura, Salome Nduta, Wangui Kimari and my mentor Ruth Nyambura for the learning and guidance during the fellowship. Last but not least, I thank my fellow colleagues in the Fellowship for the encouragement and experiences shared in the different communities visited.

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Background Mwea irrigation scheme was started in 1956 as holding grounds for former Mau detainees. The scheme is one of the seven public schemes managed by the National Irrigation Board (NIB), which include Bura, Tana, Perkerra, Ahero, Bunyala and West Kano. Situated in Kirinyaga County, the scheme is 100 Kms North East of Nairobi. Mwea Irrigation Scheme has a gazetted area of 30,350 acres, with total of 16,000 acres has developed for paddy production. The National Irrigation Board (NIB) established by an Act of Parliament under Section 27, Cap 347 has been part of the contentious issues in many irrigation schemes across the country. After independence, the National Irrigation Board continued with the management structures of the colonial system of administration and control. Administrative police guarded rice and if one was caught they were thoroughly beaten and locked in a police station. Through the decades, various conflicts have existed between the National Irrigation Board (NIB) and rice farmers, the reasons for these conflicts include low producer prices, high cost of irrigation related services, high cost of seeds, fertilizers and chemicals, a land tenure system that treats farmers as tenants and absence of farmers voices within the National Irrigation Board’s management. Over the years, peasant farmers in Mwea have tried to challenge the oppressions meted on them by the National Irrigation Board (NIB) and have succeeded to an extent to have some form of control over rice production, however, more needs to be done to enable farmers have complete autonomy of rice production in irrigation schemes ranging from control of land to pricing and distribution. The increasing pressure on land has emphasized the importance of security of tenure for both rural and urban populations. Security of land tenure implies the right to access and use land and property. The tenure can be affected in various ways such as constitutional and legal frameworks, social norms and cultural values and to extent individual preferences. Furthermore, security of tenure is an important component of human dignity as it protects a person from evictions and gives total control on one’s land.

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Chapter One 1.0 Introduction

According to the Kenya Human Rights Commission (KHRC) in the report Dying to be Free: The Struggle for Rights in Mwea (2000), the slavery of peasant farmers was established and perpetuated through the irrigation schemes with the farmers granted a 4-acre pieces of land but with no title deeds. The Act further granted a lot of powers to the scheme manager including powers to decide who can live on the farm, which can own land, whose land lease can be withdrawn and the number of bags that a farmer can own. Charity Kabutha and Clifford Mutero in the report From Government to Farmer Managed Small Holder Rice Schemes: The Unresolved Case of Mwea Irrigation Scheme note that the scheme support 50, 000 people organized in 3, 242 families in 36 villages. The scheme is divided into 5 sections namely; Thiba, Wamumu, Karaba, Tebere and Mwea; unfortunately, all these farmers despite their large number are mere tenants. Rice is an important diet for the majority of urban dwellers with the annual consumption rate increasing at a rate of 12% compared to 4% for wheat and 1% for maize. According to the Ministry of Agriculture National Rice Development Strategy 2008-2018, the national rice consumption is estimated to be at 300,000 metric tones per annum. Access and security of land tenure is not only a challenge for rice farmers in Mwea, Kenya but is a phenomenon echoed in various parts of the world. Peasant farmers the world over continues to be victims of exploitation on their land. In Brazil for instance, 19 farmers were shot dead by the army while defending their land, in Indonesia in 2004, 11 peasant farmers were arrested as a result of land conflict and in Honduras, 44% of the population live as peasant farmers but without adequate farmland to provide a decent livelihood (World Peasant Framers). Research Objectives The study sought to:

Understand the struggle for land rights among farmers in Mwea

Assess the impact of lack of titles on rice farmers in Mwea

Identify workable solutions to the land control problem amongs rice farmers in Mwea

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Chapter Two 2.0 Literature Review

The bulk of conflicts between rice farmers in Mwea and the National Irrigation Board (NIB) has been over irrigation related services and the tenancy system where farmers have to pay levies to irrigation board. This is re-emphasized by and Kabutha and Mutero in their research entitled “ From Government to Farmer Managed Small Holder Rice Schemes: The Unresolved Case of Mwea Irrigation Scheme (2002) who highlight the composition of the National Irrigation Scheme board members as a further marginalizing factor for farmers in that despite being the producers, are not represented in the board. 2.1 Control of Rice Farmers by National Irrigation Board (NIB) Through its mandate, the National Irrigation Board (NIB) controls farmers rice production in various ways including flooding the rice fields, seed provision, supply of fertilizers as well as amount and timing of application , cleaning of canals, direct application of chemicals to the crop, collecting of rice and milling, marketing and determining the price due to the farmers. This expansive control leaves the farmers getting all directives from the board hence unable to make any decisions on their farms without being given permission by the board. This further makes the farmers to continuously become passive recipients of instructions deprived of spaces to make their own informed decisions on their produce.

2.2 Land Pressure Each farmer is allocated a 4-acre piece of land for rice production, this allotment size has been the same since 1958 when land was first allocated to the farmers. The farmers’ families are doubling and trebling in sizes while the land initially allocated to the farmers remain the same over the decades. This has resulted to conflicts in the households and in extreme cases death; there have also been cases where children forcefully evict their parents in order to take over the family land.

A paddy in Mwea Irrigation Scheme

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2.3 Inhumane and unjustified lease withdrawals As tenants, rice farmers in Mwea are at the mercy of the National Irrigation Board (NIB) for their economic survival. Given that the National Irrigation Board is responsible for the entire land husbandry, farmers who are deemed not to be taking proper management of their land risk losing their leases hence being rendered landless. 2.4 Lack of title deeds As a result of tenancy system of ownership, farmers cannot access loans from local financial institutions because they lack title deeds to their land which would act as collateral. Although each farmer has a 4-acre land allocated to their households, these farmers cannot prove they own the land as they lack the vital document of ownership. In addition decisions on ownership of a paddy field in Mwea rests with the manager. The Irrigation Act also cautions that a farmer is incapable of farming, cannot allow another person to occupy the land or cultivate it without the written permission of the irrigation scheme manager.

2.5 Economic Slavery Rice farming is very labour intensive; the farmers spend a large portion of their time in the paddy field. Many farmers are further affected by water borne diseases such as bilharzia due to exposure to water. In addition, the prices of rice in the market are pre-determined by the National Irrigation Board (NIB), this makes it difficult for farmers to earn more because of the pre-set price ceilings. Children, many a times have to work alongside their parents to assist during planting, weeding and harvesting seasons.

Planting rice in Mwea

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2.6 Poverty According to the Standard Newspaper, 16th October 2012, most rice farmers in Mwea National Irrigation Scheme live in poverty after leasing out their farms, some even sell their crops before its harvested because of high poverty levels. During the research, farmers shared that due to over dependence on rice production; household food security was being challenged, other difficulties experienced by the farmers include school drop out amongst the farmers children due to lack of school fees. The farmers further cited health problems as a major challenge; this is partly contributed through water borne diseases such as bilharzia resulting from prolonged exposure to water while working in the rice fields.

Family members on a rice field in Mwea Irrigation Scheme

2.7 Gender imbalance in access and control of land The researcher found that land leases are mostly in hands of fathers or male members of households, this to a large extent is discriminatory to women who have access to land use either through their sons or husbands. This is a form of discrimination given that land is the most important resource for the farmers with no control among females; the situation makes them more vulnerable to evictions at the household level especially for daughters.

Chapter Three

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3.0 Methodology

During the research both primary and secondary data sources were used. Primary data was collected directly from peasant farmers, households, women and youth groups, elderly farmers and members of Mwea Foundation. Secondary sources of data included literature materials on rice production in Mwea such as reports, newspapers and the Internet. 3.1 Sampling 15 community members were randomly selected to be part of the research; these included 10 farmers from Thiba section of Mwea Irrigation Scheme, 2 members from Mwea Foundation, 3 women group members from Future Generation Women Group. 3.2 Data collection methods Focus Group Discussions (FGDs) were held with selected elderly farmers to get their experiences into the background of Mwea Irrigation scheme including how the structures worked in the previous years Questionnaires were administered to the community members to find out how the current land tenure has impacted on the farmers and their families. The researcher utilized participant observation to Asses how the farmers interact with land as a source of livelihood and how this has shaped their existence. For women group members, interviews were held to find out their experiences from female perspectives on land tenure issues in Mwea. 3.3 Challenges encountered Challenges faced during the research included reluctance of some community members to share information on land for fear that this information could reach the National Irrigation Board (NIB), unwillingness among some community members for their photos to be part of this research in highlighting the plight of rice farmers, farmers in other sections of Mwea Irrigation Scheme were not reached due to the large size of the scheme and expectation of financial gain among some respondents during the research. To overcome the above challenges, the researcher explained clearly the objective of the research to the respondents prior to the interviews, each respondent was assured of their safety and consent was sought from each respondent. The respondents were informed that participation in the research was voluntary.

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Chapter Four 4.0 Data Analysis and Presentation of Findings

Data analysis was carried out at multi-levels. At the individual level, the research analyzed the data based on community’s responses, at peer level; fellows within the programme analyzed the presented data and gave additional views. Faculty members further reviewed the data and gave inputs on the research. 4.1 Inadequacy of land The researcher observed that the 4-acreage land is inadequate for each farmer given the increase in family size; this was also noted to be a contributing factor to household conflict within the irrigation scheme. 4.2 Insecure land tenure Lack of title deeds among the farmers hinders them from accessing credit facilities or any other financial access because they lack titles hence are not deemed legitimate owners of their land. It was observed that the tenancy system has prevailed for over 50 years. 4.3 Lack of decision-making power among farmers The National Irrigation Board controls every decision on rice production, this leaves farmers with no decision making power hence easily manipulated and exploited. The top-down decision making approaches employed by the National Irrigation Board also leaves farmers powerless and their views within the irrigation scheme are never given due recognition. 4.4 Economic Exploitation Rice farming is a labour intensive process with the farmers spending up to 12 hours in the paddy field. Pricing of rice is controlled by the National Irrigation Board, this renders farmers incapacitated to decide on how much to sell their produce because prices are pre-determined by the National Irrigation Board as such when the farmers go to sell, they have to sell their produce at the stated prices by the board. 4.5 Destructive laws The control of farmers in Mwea is sanctioned by laws, such include Cap 347 of the National Irrigation Act which has discriminative clauses and vests a lot of power on managers of irrigation schemes, this in turns deprives farmers of their decision making ability .To add to the challenges facing farmers, quelea birds have been a menace to the rice farms, killing a quelea bird is considered illegal and attracts a court penalties hence the farmers have to shout all day long to scare the birds away.

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4.6 Corruption and abuse The power vested on managers of irrigation schemes creates loopholes for corruption especially with regard to allocation of land. In addition cases were cited where farmers due to alleged improper management of their land, the land was taken away from the farmers rendering them landless. 4.7 Inadequacy of services Basic services within the irrigation scheme supposed to be provided by the irrigation board sometimes are not provided consistently, such include water. There have been cases of water shortage in the area and this has affected the farmers adversely because not only is this water being used for irrigation, but allocated for domestic use as well. 4.8 Gender imbalance and Resource control The researcher observed that males have more control in resource allocation in Mwea and leases are written in names of male family members. In many cases female members of households get access to use of land through the males. This in the researchers’ view is discrimination given that the bulk of work done by females in the rice fields. 4.9 Fragmentation of farmer’s voices The researcher observed that despite having a similar problem of land tenure, the desire to come together as rice farmers collectively is still missing. The farmers may be working closely within their sections, but have not reached out to other farmers across Mwea or Kenya as a country undergoing similar challenges within irrigation scheme settings.

Chapter Five

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5.0 Conclusions and Recommendations 5.1 Conclusions Based on interacting with the community in the course of the research, the following conclusions were observed: The law is used to perpetuate the plight of farmers in Mwea, this has also resulted to change being achieved at a very slow pace .The law has also been used to marginalize farmers from participating on decisions concerning their produce which is rice. Although women carry out the bulk of the work in the farms, are disadvantaged during decision making in controlling resources. In many cases the name of the lease agreements of the irrigation land are in the hands of male members of households. The insecure land tenure amongst the farmers impedes their economic progress, the shaky ownership structure that allows for land to be re-allocated to other persons at will is a further challenge for majority of households in Mwea. The vesting of excessive power on managers within the schemes negatively the farmers and further prevents them from making decisions as a result of deliberate exclusion. 5.2 Recommendations The researcher proposes the following to address the challenges facing rice farmers in Mwea with regard to security of land tenure: Communal land ownership As a result of the magnitude of land related conflicts in Mwea, a communal system of land ownership would address dispute among the farming households. Communal land ownership also discourages land fragmentation; hence rice production would continue uninterrupted. Community titling will also help reduce corruption in land allocation, which has been a major complaint among farmers in the region. Through access to titles, farmers will also be able to access formal credit, this is expected to contribute positively to their economic growth and aid in poverty eradication. Legal reforms Given that the major source of the challenges affecting the community exists laws, there is need for continuous advocacy to enable repeal of laws that continue to oppress farmers such as Cap 347 of the National Irrigation Board. Social mobilization of peasant farmers to demand change

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There is need for the farmers to come together collectively to demand change while at the same time speaking with one voice to make their demands realizable. The farmers can also organize regular meetings amongst themselves to update each other on new developments on rice production; share experiences on challenges faced and collectively seek solutions. Through these meetings, farmers can also come together to strategize on how to voice their concerns to the government and to the National Irrigation Board as a collective force rather than individual farmers. Agrarian reforms Structures and systems for managing irrigation schemes need to change in order to give farmers autonomy in decision-making. There is need for a shift amongst farmers from passive recipients of instructions to meaningful participators in matters concerning rice production. Through changing laws, regulations and customs regarding land ownership, such as control of land in Mwea being allocated to farmers instead of the National Irrigation Board (NIB), farmers will better utilize their land and will lead to more productivity as opposed to the current situation where farmers produce under the yoke of the National Irrigation Board (NIB) without freedom on decision making. Alliance building and networking across regions In view of the fact that farmers across the world face similar challenges, it would be a good idea to reach out to other peasant farmers not only in other parts of Kenya but across the region to learn from them how they have been able to challenge oppressive regimes on land ownership. References

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Dying to be Free: The Struggle for Rights in Mwea, Kenya Human Rights Commission, 2000 Kabutha Charity, Mutero Clifford, From Government to Farmer Managed Small Holder Irrigation Scheme: Unresolved Case of Mwea Irrigation Scheme, 2002 National Rice Development Strategy 2008-2018, Ministry of Agriculture Newspapers The Standard Newspaper, 16th October 2012