Samburu and Turkana Ceasefire Agreement

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Country/entity: Kenya
Region: Africa (excl MENA)
Agreement name: Samburu and Turkana Ceasefire Agreement
Date: 22 Jun 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: No signature but agreement is on behalf of representatives of Samburu and Turkana Communities living in Baragoi of Samburu County
Third parties: NCIC Chair, Francis Ole Kaparo
NCIC Commissioner Linda Ochiel
Description: Ceasefire agreement between the Samburu and Turkana communities in Baragoi of Samburu County. Provisions largely deal with cattle theft and security.

Agreement document: KE_150622_Samburu and Turkana Ceasefire Agreement.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: Untitled Preamble
...
Matters of lawlessness, marginalization and inequitable distribution of resources, discrimination on issuance of identity cards emerged as key triggers of violence between the two communities. Both the National and County Government were taken to task on their commitment to address insecurity and marginalization respectively.
Groups→Racial/ethnic/national group→Substantive
Page 1,
...
Members of communities must cease using derogatory and humiliating names against each other.
Members of Turkana community be allowed to access the Maralal business opportunities including the slaughter house.

Page 2,
...
The ELITES in particular immediately stop posting of hate speech and unfounded rumours on social media platforms;

Page 2,
...
Any persons found engaging in hate speech, spreading false and malicious rumours aimed at fanning ethnic hatred should be arrested and prosecuted in accordance with the law;
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: No specific mention.
Public administration: Page 1,
...
Turkana professionals should cease to interfere in the affairs of the Samburu County and
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,
The resources and opportunities 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: No specific mention.
Bill of rights/similar: No specific mention.
Treaty incorporation: No specific mention.
Civil and political rights: No specific mention.
Socio-economic rights: Human rights and equality→Socio-economic rights→Education
Page 1,
The government announce immediate re-opening of schools;

Rights related issues

Citizenship: No specific mention.
Democracy: No specific mention.
Detention procedures: No specific mention.
Media and communication: Rights related issues→Media and communication→Media roles
Page 2,
...
The ELITES in particular immediately stop posting of hate speech and unfounded rumours on social media platforms;
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: Page 1,
...
Members of Turkana community be allowed to access the Maralal business opportunities including the slaughter house.
Taxation: No specific mention.
Banks: No specific mention.

Land, property and environment

Land reform/rights: No specific mention.
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: Security sector→Ceasefire→Ceasefire provision
Page 1, Untitled Preamble
...
The National Cohesion and Integration Commission (NCIC) today negotiated a ceasefire agreement between the Samburu and Turkana Communities living in Baragoi of Samburu County in a mediation process conducted at the Sportman’s Arms Hotel in Nanyuki.
Police: Page 1,
The government guns taken from the security officers killed in Suguta Valley in 2012 be returned;

Page 2,
...
Government fast track the improvement of roads to enable rapid deployment of security personnel when necessary.

Page 2,
...
The security personnel had generally failed to protect the lives and properties of the citizens as required of them under the Constitution of Kenya. It is of utmost importance that the government enforce the rule of law without fear or favour;
Law enforcement agencies promptly act on actionable intelligence provided by the public and treat that information with utmost confidentiality;
Armed forces: Page 2,
The national government fast track recruitment of 300 "warriors" into the National Youth Service.
DDR: Security sector→DDR→Demilitarisation provisions
Page 1,
...
The government guns taken from the security officers killed in Suguta Valley in 2012 be returned;
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: No specific mention.
Withdrawal of foreign forces: No specific mention.
Corruption: No specific mention.
Crime/organised crime: Page 1: Untitled Preamble
The Commission has in the past three days been mediating a conflict between the Samburu and Turkana Communities following a series of cattle rustling and bandit attacks that has led to destruction of property, theft of hundreds of cattle and loss of hundreds of lives. Insecurity has been rampant in Samburu County due to competition for County and natural resources between the two dominant communities in the County.

The meeting mediated by NCIC Chair, Francis Ole Kaparo and the NCIC Commissioner Linda Ochiel resolved that stringent action will be taken against members of either communities that break the ceasefire agreement, including the double payment for any animals stolen by either communities, justice through the judicial process as well as a communal penalty of 50 cows for any each life lost.

Matters of lawlessness, marginalization and inequitable distribution of resources, discrimination on issuance of identity cards emerged as key triggers of violence between the two communities. Both the National and County Government were taken to task on their commitment to address insecurity and marginalization respectively.

“The rule of law must be upheld and that persons found culpable of criminal acts must be apprehended and prosecuted in accordance with the law,” said Francis Ole Kaparo, NCIC Chairman. “Individuals must be held liable for the crimes they have committed and must not be attributed to the entire community,”

Page 1,
...
All animals stolen returned to their owners

Page 2,
That the rule of law must be upheld and that persons found culpable of criminal acts are apprehended and prosecuted in accordance with the law. Individuals must be held liable for the crimes they have committed and must not be attributed to entire communities.
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: No specific mention.
Prisoner release: No specific mention.
Vetting: No specific mention.
Victims: No specific mention.
Missing persons: No specific mention.
Reparations: No specific mention.
Reconciliation: No specific mention.

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), Samburu and Turkana Ceasefire Agreement, https://www.cohesion.or.ke/index.php/media-center/press-releases-speeches/86-samburu-and-turkana-ceasefire-agreement

Samburu and Turkana Ceasefire Agreement

Nanyuki, 22nd June 2015,

The National Cohesion and Integration Commission (NCIC) today negotiated a ceasefire agreement between the Samburu and Turkana Communities living in Baragoi of Samburu County in a mediation process conducted at the Sportman’s Arms Hotel in Nanyuki.

The Commission has in the past three days been mediating a conflict between the Samburu and Turkana Communities following a series of cattle rustling and bandit attacks that has led to destruction of property, theft of hundreds of cattle and loss of hundreds of lives.

Insecurity has been rampant in Samburu County due to competition for County and natural resources between the two dominant communities in the County.

The meeting mediated by NCIC Chair, Francis Ole Kaparo and the NCIC Commissioner Linda Ochiel resolved that stringent action will be taken against members of either communities that break the ceasefire agreement, including the double payment for any animals stolen by either communities, justice through the judicial process as well as a communal penalty of 50 cows for any each life lost.

Matters of lawlessness, marginalization and inequitable distribution of resources, discrimination on issuance of identity cards emerged as key triggers of violence between the two communities.

Both the National and County Government were taken to task on their commitment to address insecurity and marginalization respectively.

“The rule of law must be upheld and that persons found culpable of criminal acts must be apprehended and prosecuted in accordance with the law,” said Francis Ole Kaparo, NCIC Chairman. “

Individuals must be held liable for the crimes they have committed and must not be attributed to the entire community,”

Attended by the Joint Parliamentary Committee on National Cohesion, headed by the Chairman, Johnstone Sakaja, the Chairman on Parliamentary Committee, Asman Kamama, the Samburu Governor, senator and members of parliament from Samburu County, the meeting resolved the following that:

The two communities unconditionally commit to a ceasefire agreement and stop any actions that may undermine the peace process initiated by the National Cohesion and Integration Commission;

The government announce immediate re-opening of schools;

The government guns taken from the security officers killed in Suguta Valley in 2012 be returned;

All animals stolen returned to their owners

Turkana professionals should cease to interfere in the affairs of the Samburu County and

Members of communities must cease using derogatory and humiliating names against each other.

Members of Turkana community be allowed to access the Maralal business opportunities including the slaughter house.

Government fast track the improvement of roads to enable rapid deployment of security personnel when necessary.

That the rule of law must be upheld and that persons foundculpable of criminal acts are apprehended and prosecuted inaccordance with the law.

Individuals must be held liable for the crimes they have committed and must not be attributed to entire communities.

Any persons found engaging in hate speech, spreading false and malicious rumours aimed at fanning ethnic hatredshould be arrested and prosecuted in accordance with the law;

The ELITES in particular immediately stop posting of hate speech and unfounded rumours on social media platforms;

A multi-ethnic committee be formed to preach peace at the grassroots and that National and County Government facilitate the committee.

The Committee among other taskswill analyze and prioritize resolutions of this meeting and reach consensus on how it will be implemented;

The security personnel had generally failed to protect the lives and properties of the citizens as required of them under the Constitution of Kenya.

It is of utmost importance that the government enforce the rule of law without fear or favour;

Law enforcement agencies promptly act on actionable intelligence provided by the public and treat that information with utmost confidentiality;

The resources and opportunities at both levels of government are shared in a fair, transparent, equitable and non-discriminatory manner in accordance with the law.

National Identity Cards be issued in an impartial manner to all qualifying individuals resident in Samburu County.

The County Government facilitate fair registration of group ranches;

The national government fast track recruitment of 300 "warriors" into the National Youth Service.

Communities respect each others' grazing zones.