Resolutions of Peace and Cohesion Meeting of Leaders from Mt. Elgon Sub-counties, Bungoma, County: Abbey Resort Resolutions

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Country/entity: Kenya
Region: Africa (excl MENA)
Agreement name: Resolutions of Peace and Cohesion Meeting of Leaders from Mt. Elgon Sub-counties, Bungoma, County: Abbey Resort Resolutions
Date: 31 Mar 2015
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Intrastate/local conflict
Kenyan Post-Electoral Violence (2007 - 2008)
The conflict emerged as post-election violence. After the incumbent President Kibaki was declared the winner of the Kenyan presidential elections in December 2007, complaints of fraud and a structural disadvantage affecting his competitor Raila Odinga lead to outbreaks of severe ethno-political violence. After the first incidents in the Rift Valley region, mainly directed against the Kikuyu ethnic group – the traditional powerbase of Kibaki – the fighting spread to the cities of Nairobi and Mombasa. After two months, Kibaki and Odinga agreed on a power-sharing agreement that granted Odinga the post as a Prime Minister and ended the violence.
Stage: Framework/substantive - partial
Conflict nature: Inter-group
Peace process: Kenya Local Agreements
Parties: Political Leaders
Hon Fred C Kapandi Former MP
Wilberforce [Illegible] Former MP
Hon Jane Chebet Deputy Speaker
CW Geogre Maras Former Councillor

County Government
Hillary Chongwony Deputy Governor, Bungoma County Government
Gideon Boiyo Chairperson Bungoma County Police Service Board

County and Sub-County Intelligence Security Committee
M.A. [Illegible] County Commissioner, Bungoma County

Peace Committee Members & Supreme Council of Elders
Ptara Naibei Mt Elgon
[Illegible] Cheptis
Rev. Edmond [Illegible] County Peace Coordinator

Representatives from Faith Based Organisations
[Illegible] SDA Church
[Illegible] Catholic Church

Youth Representitives
Nicholas Ghechu Cheptais
Maureen [Illegible] Mt Elgon

Hon Francis Ole Kaparo Chaiperson, National Cohesion and Integration Commission
Ms. Irene Wanyoike Vice Chairperson, NCIC
Dr. Joseph Nasongo Commissioner, NCIC
Dr. Roba Sharamo Commissioner, NCIC
Hon. Morris Dzoro Commissioner, NCIC
Prof. Gitile Naituli Commissioner, NCIC
Third parties: -
Description: Agreement between community leaders to end a decade of inter-community violence. Requests help from government to allocate resources equitably, and to bring justice to perpetrators of hate speech and violence. Also request the fat tracking of a Truth and Reconciliation Commission.

Agreement document: KE_150331_Abbey Resort Resolutions.pdf (opens in new tab) | Download PDF

Groups

Children/youth: No specific mention.
Disabled persons: No specific mention.
Elderly/age: No specific mention.
Migrant workers: No specific mention.
Racial/ethnic/national group: Groups→Racial/ethnic/national group→Rhetorical
Page 1
1.THAT we unconditionally commit to embrace non-violent means to manage political differences and resolve communal conflict.
2.THAT any leader found engaging in hate speech and funding violent activities should be arrested and prosecuted.
Religious groups: No specific mention.
Indigenous people: No specific mention.
Other groups: No specific mention.
Refugees/displaced persons: No specific mention.
Social class: No specific mention.

Gender

Women, girls and gender: No specific mention.
Men and boys: No specific mention.
LGBTI: No specific mention.
Family: No specific mention.

State definition

Nature of state (general): No specific mention.
State configuration: No specific mention.
Self determination: No specific mention.
Referendum: No specific mention.
State symbols: No specific mention.
Independence/secession: No specific mention.
Accession/unification: No specific mention.
Border delimitation: No specific mention.
Cross-border provision: No specific mention.

Governance

Political institutions (new or reformed): No specific mention.
Elections: No specific mention.
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: No specific mention.
Traditional/religious leaders: Page 1: Preamble
We, the leaders of Mt. Elgon communities from Bungoma County gathered at the Abbey Resort in Nakuru, today the 31st March, 2015 under the guidance of Hon. Francis ole Kaparo, Chairman National Cohesion and Integration Commission:

Page 2, 6
THAT the Sabaot Supreme Council of Elders be respected and facilitated to manage and resolve intra and inter-ethnic conflict in accordance with Article 189 (4) of the Constitution of Kenya 2010.
Public administration: No specific mention.
Constitution: No specific mention.

Power sharing

Political power sharing: No specific mention.
Territorial power sharing: No specific mention.
Economic power sharing: Power sharing→Economic power sharing→Sharing of resources
Page 2, 11
THAT the resources (financial and human) at both levels of government are shared in a fair, transparent, equitable, and non-discriminatory manner in accordance with the law.
Military power sharing: No specific mention.

Human rights and equality

Human rights/RoL general: Page 2, 7
THAT relevant state institutions and agencies investigate allegations of past and on-going human rights violations prevalent in Mt. Elgon and take appropriate action.
Bill of rights/similar: No specific mention.
Treaty incorporation: No specific mention.
Civil and political rights: No specific mention.
Socio-economic rights: No specific mention.

Rights related issues

Citizenship: No specific mention.
Democracy: No specific mention.
Detention procedures: No specific mention.
Media and communication: No specific mention.
Mobility/access: No specific mention.
Protection measures: No specific mention.
Other: No specific mention.

Rights institutions

NHRI: No specific mention.
Regional or international human rights institutions: No specific mention.

Justice sector reform

Criminal justice and emergency law: No specific mention.
State of emergency provisions: No specific mention.
Judiciary and courts: No specific mention.
Prisons and detention: No specific mention.
Traditional Laws: No specific mention.

Socio-economic reconstruction

Development or socio-economic reconstruction: No specific mention.
National economic plan: No specific mention.
Natural resources: No specific mention.
International funds: No specific mention.
Business: No specific mention.
Taxation: No specific mention.
Banks: No specific mention.

Land, property and environment

Land reform/rights: Land, property and environment→Land reform/rights→Property return and restitution
Page 2, 8
THAT the relevant state agencies utilize the existing government records and ensure their re-settlement in Chepyuk settlement scheme.
Pastoralist/nomadism rights: No specific mention.
Cultural heritage: No specific mention.
Environment: No specific mention.
Water or riparian rights or access: No specific mention.

Security sector

Security Guarantees: No specific mention.
Ceasefire: No specific mention.
Police: Page 2, 9
THAT law enforcement agencies promptly act on actionable intelligence provident by the public and treat the information with utmost confidentiality.
Armed forces: No specific mention.
DDR: Security sector→DDR→Demilitarisation provisions
Page 2, 10
THAT the leaders support community driven disarmament by the police and military operation to mop up illegal firearms within the region.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: No specific mention.
Withdrawal of foreign forces: No specific mention.
Corruption: Page 2, 5
THAT leaders and aspirants who will have been found culpable of violating Leadership and Integrity Act 2012 be barred from elective seats and the public offices.
Crime/organised crime: No specific mention.
Drugs: No specific mention.
Terrorism: No specific mention.

Transitional justice

Transitional justice general: No specific mention.
Amnesty/pardon: No specific mention.
Courts: No specific mention.
Mechanism: Page 2, 12
THAT parliament should fast-track the process of adoption and approval of the Truth Justice and Reconciliation Commission report to address historical injustices and drivers of violence in Mt Elgon.
Prisoner release: No specific mention.
Vetting: No specific mention.
Victims: No specific mention.
Missing persons: No specific mention.
Reparations: No specific mention.
Reconciliation: Page 1
3. THAT current and former political leaders notably Deputy Governor, Members of Parliament, Members of County Assembly and community leaders set aside their differences and engage in constructive dialogue for sustainable peace and development.
4. THAT elected leaders and National and County Government will respect their distinct roles and responsibilities and henceforth work in collaboration and consultation in the spirit of mutual respect.

Implementation

UN signatory: No specific mention.
Other international signatory: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: No specific mention.
Related cases: No specific mention.
Source: National Cohesion and Integration Commission, (2015), Abbey Resort Resolution, Kenya, On file with Author

National Cohession and Integration Commission

RESOLUTIONS OF PEACE AND COHESION MEETING OF LEADER FROM MT.

ELGON SUB-COUNTIES, BUNGOMA COUNTY

31ST MARCH, 2015

ABBEY RESORT RESOLUTIONS

We, the leaders of Mt. Elgon communities from Bungoma County gathered at the Abbey Resort in Nakuru, today the 31st March, 2015 under the guidance of Hon.

Francis ole Kaparo, Chairman National Cohesion and Integration Commission:

COGNIZANT of the negative and excruciating impact of decade-long intractable and incessant violent conflicts on the people of Bungoma and Mt. Elgon in particular;

DESIROUS of the need to promote peace, cohesion, reconciliation and security in the region;

APPPLAUDING the efforts that have been made so far to ensure that peace and security prevails in Mt. Elgon and the larger Bungomaa County;

AWARE that sovereign powers belong to the people and exercised in accordance with Kenyan Consititution

MAKE and ADOPT the following resolutions:

THAT we unconditionally commit to embrace non-violent means to manage political differences and resolve communal conflict.

THAT any leader found engaging in hate speech and funding violent activities should be arrested and prosecuted.

THAT current and former political leaders notably Deputy Governor, Members of Parliament, Members of County Assembly and community leaders set aside their differences and engage in constructive dialogue for sustainable peace and development.

4. THAT elected leaders and National and County Government will respect their distinct roles and responsibilities and henceforth work in collaboration and consultation in the spirit of mutual respect.

5. THAT leaders and aspirants who will have been found culpable of violating Leadership and Integrity Act 2012 be barred from elective seats and the public offices.

6. THAT the Sabaot Supreme Council of Elders be respected and facilitated to manage and resolve intra and inter-ethnic conflict in accordance with Article 189 (4) of the Constitution of Kenya 2010.

7. THAT relevant state institutions and agencies investigate allegations of past and on-going human rights violations prevalent in Mt. Elgon and take appropriate action.

8. THAT the relevant state agencies utilize the existing government records and ensure their re-settlement in Chepyuk settlement scheme.

9. THAT law enforcement agencies promptly act on actionable intelligence provident by the public and treat the information with utmost confidentiality.

10. THAT the leaders support community driven disarmament by the police and military operation to mop up illegal firearms within the region.

11. THAT the resources (financial and human) at both levels of government are shared in a fair, transparent, equitable, and non-discriminatory manner in accordance with the law.

12. THAT parliament should fast-track the process of adoption and approval of the Truth Justice and Reconciliation Commission report to address historical injustices and drivers of violence in Mt Elgon.

Signed on 31st March 2015 an Abbey resort, NAKURU County

Political Leaders

Hon Fred C Kapandi Former MP

Wilberforce [Illegible] Former MP

Hon Jane Chebet Deputy Speaker

CW Geogre Maras Former Councillor

County Government

Hillary Chongwony Deputy Governor, Bungoma County Government

Gideon Boiyo Chairperson Bungoma County Police Service Board

County and Sub-County Intelligence Security Committee

M.A. [Illegible] County Commissioner, Bungoma County

Peace Committee Members & Supreme Council of Elders

Ptara Naibei Mt Elgon

[Illegible] Cheptis

Rev. Edmond [Illegible] County Peace Coordinator

Representatives from Faith Based Organisations

[Illegible] SDA Church

[Illegible] Catholic Church

Youth Representitives

Nicholas Ghechu Cheptais

Maureen [Illegible] Mt Elgon

Hon Francis Ole Kaparo Chaiperson, National Cohesion and Integration Commission

Ms. Irene Wanyoike Vice Chairperson, NCIC

Dr. Joseph Nasongo Commissioner, NCIC

Dr. Roba Sharamo Commissioner, NCIC

Hon. Morris Dzoro Commissioner, NCIC

Prof. Gitile Naituli Commissioner, NCIC