Resolutions of the Nakuru Peace Agreement between the Luo and Nandi Communities of Kisumu and Nandi Counties attended by National and County Government Officials held at Water Buck Hotel, Nakuru

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Country/entity: Kenya
Region: Africa (excl MENA)
Agreement name: Resolutions of the Nakuru Peace Agreement between the Luo and Nandi Communities of Kisumu and Nandi Counties attended by National and County Government Officials held at Water Buck Hotel, Nakuru
Date: 19 Jun 2018
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: Chairman, Lou Council of Elders [signed, intelligible];
Chairman, Nandi Council of Elders [signed, intelligible];
Chair, Kisumu County Peace Forum [signed, intelligible];
Chair, Nandi Country Peace Forum [signed, intelligible];
Regional Coordinator, Nyanza [signed, intelligible];
Regional Coordinator, Rift Valley [signed, intelligible];
Secretary, Peacebuilding and Disaster Response [signed, intelligible];
Governor, Kisumu County [signed, intelligible];
Governor, Nandi County [signed, intelligible];
Third parties: Ministry of Interior and Coordination of National Government
Peacebuilding and Conflict Management Directorate / National Steering Committee on Peacebuilding and Conflict Management
Description: Luo and Nandi communities agree to let Kenyan institutions settle border disputes between counties and commit to non-violent solutions to stock theft and other sources of tension.

Agreement document: KE_180619_Luo and Nandi 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: No specific mention.
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: No specific mention.
Constitution: No specific mention.

Power sharing

Political power sharing: No specific mention.
Territorial power sharing: No specific mention.
Economic power sharing: No specific mention.
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: 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: No specific mention.
Pastoralist/nomadism rights: Page 2:
On Stock Theft:
Security agencies to follow-up on animal recovery, ensure return of stolen livestock to their owners and arrest of criminals involved.
Peace committee members and communities are encouraged to share information with their respective security and national government administrative officials.
Cultural heritage: Land, property and environment→Cultural heritage→Other
Page 2:
On Cross-Border Exchange Programs:
The National Government and County Government will initiate and facilitate cultural and economic programs along the common borders of Kisumu / Nandi counties.
Environment: No specific mention.
Water or riparian rights or access: No specific mention.

Security sector

Security Guarantees: Page 2:
On Political Incitements:
Politicians and leaders to desist from inciting their respective communities and issuing threats whenever they feel aggrieved.
The National Government will take appropriate legal action against inciters.
On Boundary Disputes and Insecurity:
The institutions mandated by law and in accordance with the Constitution must be left to handle boundary issues.
The Government intends to provide peace and security to Kenyans, it does not matter which part of the country one resides in.
...
On Anticipated Attacks and Retaliatory Attacks:
The National Government shall take stern action against culprits involved.
Leaders from both communities are encouraged to engage in inter-communal dialogues to reduce existing tensions and avert further attacks and counter-attacks.
Ceasefire: No specific mention.
Police: No specific mention.
Armed forces: No specific mention.
DDR: No specific mention.
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: 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: 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: Page 1:

We reaffirm our commitment to peaceful co-existence between our communities

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 Steering Committee on Peace Building and Conflict Management
https://www.nscpeace.go.ke/resources/item/12-resolutions-of-the-nakuru-peace-agreement-between-kisumu-nandi-counties

Republic of Kenya

Resolutions of the Nakuru Peace Agreement between the Luo and Nandi Communities of Kisumu and Nandi Counties attended by National and County Government Officials held at Water Buck Hotel, Nakuru

Tuesday, 19th June, 2018

PREAMBLE

We the representatives of Kisumu County and Nandi County including the Governors, Members of Parliament, Elders, government officials and other representatives held deliberations at the Water Buck Hotel, Nakuru on 19th June, 2018 with facilitation from the Ministry of Interior and Coordination of National Government jointly with the Peacebuilding and Conflict Management Directorate / National Steering Committee on Peacebuilding and Conflict Management to address the Kisumu-Nandi Border Conflict.

We reaffirm our commitment to peaceful co-existence between our communities

We do hereby RESOLVE THAT:

This Community Peace Agreement shall apply to context-specific agreements and declarations and shall apply in unique circumstances as entered into by the communities in the stated locality.

The two communities will also use existing alternative dispute resolution mechanisms to resolve arising conflict issues.

On Political Incitements:

Politicians and leaders to desist from inciting their respective communities and issuing threats whenever they feel aggrieved.

The National Government will take appropriate legal action against inciters.

On Boundary Disputes and Insecurity:

The institutions mandated by law and in accordance with the Constitution must be left to handle boundary issues.

The Government intends to provide peace and security to Kenyans, it does not matter which part of the country one resides in.

On Stock Theft:

Security agencies to follow-up on animal recovery, ensure return of stolen livestock to their owners and arrest of criminals involved.

Peace committee members and communities are encouraged to share information with their respective security and national government administrative officials.

On Anticipated Attacks and Retaliatory Attacks:

The National Government shall take stern action against culprits involved.

Leaders from both communities are encouraged to engage in inter-communal dialogues to reduce existing tensions and avert further attacks and counter-attacks.

On Cross-Border Exchange Programs:

The National Government and County Government will initiate and facilitate cultural and economic programs along the common borders of Kisumu / Nandi counties.

Finally, all present at this forum commit ourselves to reach out to all actors in the implementation of this Nakuru Peace Agreement as contained herein in the presence of H. E. Hon.

Prof. Anyang’ Nyong’o Governor Kisumu county and H. E. Hon.

Stephen Sang Governor Nandi County.

Witnessed by

[illegible] Chairman Lou Council of Elders

Benjamin K Kitur, Chairman Nandi Council of Elders

Dominico Oniti Awino, Chair Kisumu County Peace Forum

Rev. Peter Rono, Chair Nandi County Peace forum

[illegible] Regional Coordinator Nyanza

[illegible] Regional Coordinator Rift Valley

[illegible] Secretary, Peacebuilding and disaster response

Anyang’ Nyong’o , Governor Kisumu County

Stephen Sang, Governor Nandi County

Dated this 19th day of June, 2018 at Water Buck Hotel, Nakuru