Resolutions of the Peace Agreement between Samburu North, Samburu East, Loyangalani and Laisamis Sub-Counties attended by National and County Government Officials together with Elders, Peace Committee Members and other Stakeholders held at Sportsman's Arms Hotel, Nanyuki

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Country/entity: Kenya
Region: Africa (excl MENA)
Agreement name: Resolutions of the Peace Agreement between Samburu North, Samburu East, Loyangalani and Laisamis Sub-Counties attended by National and County Government Officials together with Elders, Peace Committee Members and other Stakeholders held at Sportsman's Arms Hotel, Nanyuki
Date: 15 Mar 2019
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: Listed in the agreement preamble as: representatives of Samburu North, Samburu East, Loyangalani and Laisamis Sub-counties including Elders, National and County Government officials, Political Leaders, Peace Committee members and other stakeholders.
Third parties: 'with facilitation from the National Steering Committee on Peacebuilding and Conflict Management/Peace Building and Conflict Management Directorate'

Witnessed by:
Chairman, Peace Committee, Samburu East Sub-County [signed]
Chairman, Peace Committee, Samburu North Sub-County [signed]
Chairperson, Inter-Faith Council, Marsabit County [signed]
Mr. John Korir, County Commissioner, Samburu County [signed]
Mr. Gilbert Kitiyo, County Commissioner, Marsabit County [signed]
Mr. Solomon Gubo, Deputy Govenor, County Government of Marsabit, for Governor Marsabit County
Mr. Daniel Lesaigor, Chief Officer, Special Programs, County Government of Samburu, for Governor Samburu County
Mr. Isaiah Nakoru, Regional Commissioner, Eastern Region
Mr. Mongo Chimwaga, Regional Commissioner, Rift Valley Region
Mr. Peter K. Thuku, EBS, Secretary, Peacebuilding and Distaster Response, State Department of Interior
Description: This agreement sets a framework for ongoing specific issue inter-communal agreements. It includes commitments to address political incitements, boundar disputes and insecurity, cattle rustling and banditry, natural resource management, illegal firearms, highway banditry, encroachment of livestock into conservation areas, illiteracy levels, and economic empowerment.

Agreement document: KE_190315_Resolutions of the Peace Agreeement between Samburu North, Samburu East, Loyangalani and Laisamis Sub-Counties.pdf (opens in new tab) | Download PDF

Groups

Children/youth: Groups→Children/youth→Substantive
Page 3, 8. On Illiteracy Levels
Both National and County Governments in all pastoral Counties to ensure all children of school going age attend schools. This should also include revival of mobile schools for affected communities.

Page 3, 9. On Economic Empowerment
Deliberate efforts be put in place by both National and County Governments in all pastoral Counties to enhance livelihoods of commuinties through uptake of the various funds available (NGAAF, Youth Fund etc), SMEs projects and other initiatives.
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): Governance→Political institutions (new or reformed)→General references
Page 2, 2. On Boundary Disputes and Insecurity:
(a) Institutions mandated by the law and in accordance with the Constitution of Kenya (2010) be left to handle boundary issues in all the Counties affected;
(b) Facilitate issuance of title deeds in the Counties;
Elections: No specific mention.
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: No specific mention.
Traditional/religious leaders: Page 3, 4. On Natural Resource Management:
...
(b) Harmonize grazing policies to govern grazing management committees. This should include ADR mechanisms of elders negotiating for migrating communities;

Page 3, 4. On Natural Resource Management:
...
(b) Harmonize grazing policies to govern grazing management committees. This should include ADR mechanisms of elders negotiating for migrating communities;

Page 3, 7. On encroachment of livestock into conservation areas, game reserves and parks
Peace Committees and Elders from affected areas should meet and seek permission on areas to graze their livestock with written community agreements;
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: Page 3, 4. On Natural Resource Management:
...
(c) Opening of access roads;
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: Page 2, Preamble:
The communities will also use existing alternative dispute resolution mechanisms to resolve arising conflict issues:-

Page 3, 4. On Natural Resource Management:
...
(b) Harmonize grazing policies to govern grazing management committees. This should include ADR mechanisms of elders negotiating for migrating communities;

Socio-economic reconstruction

Development or socio-economic reconstruction: Socio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic development
Page 3, 8. On Illiteracy Levels
Both National and County Governments in all pastoral Counties to ensure all children of school going age attend schools. This should also include revival of mobile schools for affected communities.

Page 3, 9. On Economic Empowerment deliberate efforts be put in place by both National and County Governments in all pastoral Counties to enhance livelihoods of commuinties through uptake of the various funds available (NGAAF, Youth Fund etc), SMEs projects and other initiatives.
National economic plan: No specific mention.
Natural resources: Page 3, 4. On Natural Resource Management:
(a) County Governments with the help of other stakeholders to create more dams and boreholes along the migration routes;
(b) Harmonize grazing policies to govern grazing management committees. This should include ADR mechanisms of elders negotiating for migrating communities;
(c) Opening of access roads;
(d) Improve security in communal grazing areas.
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→Land reform and management
Page 2, 2. On Boundary Disputes and Insecurity:
(a) Institutions mandated by the law and in accordance with the Constitution of Kenya (2010) be left to handle boundary issues in all the Counties affected;
(b) Facilitate issuance of title deeds in the Counties;
Pastoralist/nomadism rights: Page 2-3, 3. On Cattle Rustling and Banditry:
(a) The bordering Sub-Counties were encouraged to engage in inter-communal dialogues regularly to reduce tensions and avert further attacks and retaliatory counter-attacks
(b) Law enforcement units were encouraged to take action against such offenders;
(c) County Governments of Samburu and Marsabit to formulate policies on livestock branding;

Page 3, 4. On Natural Resource Management:
(a) County Governments with the help of other stakeholders to create more dams and boreholes along the migration routes;
(b) Harmonize grazing policies to govern grazing management committees. This should include ADR mechanisms of elders negotiating for migrating communities;
(c) Opening of access roads;
(d) Improve security in communal grazing areas.

Page 3, 7. On encroachment of livestock into conservation areas, game reserves and parks
Peace Committees and Elders from affected areas should meet and seek permission on areas to graze their livestock with written community agreements;
Cultural heritage: No specific mention.
Environment: Page 3, 7. On encroachment of livestock into conservation areas, game reserves and parks
Peace Committees and Elders from affected areas should meet and seek permission on areas to graze their livestock with written community agreements;
Water or riparian rights or access: Page 3, 4. On Natural Resource Management:
(a) County Governments with the help of other stakeholders to create more dams and boreholes along the migration routes;s

Security sector

Security Guarantees: Page 3, 4. On Natural Resource Management:
...
(d) Improve security in communal grazing areas.
Ceasefire: No specific mention.
Police: Page 3, 5. 5. On Illegal Firearms:
...
(b) Vetting exercise of National Police Reservists;
Armed forces: No specific mention.
DDR: Security sector→DDR→DDR programmes
Page 3, 5. On Illegal Firearms:
(a) Disarmament of illegal firearms in all the pastoral Counties;
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 2-3, 3. On Cattle Rustling and Banditry:
(a) The bordering Sub-Counties were encouraged to engage in inter-communal dialogues regularly to reduce tensions and avert further attacks and retaliatory counter-attacks
(b) Law enforcement units were encouraged to take action against such offenders;
(c) County Governments of Samburu and Marsabit to formulate policies on livestock branding;

Page 3, 6. On Highway Banditry:
(a) Frequent patrols should be carried out by security personnel and offenders to be arrested;
(b) Security posts be established at the hotspots areas on need basis;
(c) Engage the community in sharing information with relevant stakeholders on peace and security threats.
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: https://www.nscpeace.go.ke/resources/item/11-samburu-marsabit-peace-agreement-15-march-2019-nanyuki

Resolutions of the Peace Agreement between Samburu North, Samburu East, Loyangalani and Laisamis Sub-Counties attended by National and County Government Officials together with Elders, Peace Committee Members and other Stakeholders held at Sportsman's Arms Hotel, Nanyuki

Dated this 15th March, 2019

Preamble:

We the representatives of Samburu North, Samburu East, Loyangalani and Laisamis Sub-counties including Elders, National and County Government officials, Political Leaders, Peace Committee members and other stakeholders held deliberations at Sportsman's Arms Hotel in Nanyuki between 14th to 15th March, 2019 with facilitation from the National Steering Committee on Peacebuilding and Conflict Management/Peace Building and Conflict Management Directorate to address the conflict in the said Sub-Counties.

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

We do hereby resolve that:

This Community Peace Agreement shall apply to current and future context-specific agreements and declarations;

and shall also apply in unique circumstances as entered into by the communities in the said Sub-Counties in Marsabit and Samburu Counties.

The communities will also use existing alternative dispute resolution mechanisms to resolve arising conflict issues:-

1. On Political Incitements:

(a) Politicians and leaders to desist from inciting their respective communities and issuing threats;

(b) The Government to take stern and appropriate action against inciters.

2. On Boundary Disputes and Insecurity:

(a) Institutions mandated by the law and in accordance with the Constitution of Kenya (2010) be left to handle boundary issues in all the Counties affected;

(b) Facilitate issuance of title deeds in the Counties;

3. On Cattle Rustlig and Banditry:

(a) The bordering Sub-Counties were encouraged to engage in inter-communal dialogues regularly to reduce tensions and avert further attacks and retaliatory counter-attacks;

(b) Law enforcement units were encouraged to take action against such offenders;

4. On Natural Resource Management:

(a) County Governments with the help of other stakeholders to create more dams and boreholes along the migration routes;

(b) Harmonize grazing policies to govern grazing management committees.

This should include ADR mechanisms of elders negotiating for migrating communities;

(d) Improve security in communal grazing areas.

5. On Illegal Firearms:

(a) Disarmament of illegal firearms in all the pastoral Counties;

(b) Vetting exercise of National Police Reservists;

6. On Highway Banditry:

(a) Frequent patrols should be carried out by security personnel and offenders to be arrested;

(b) Security posts be established at the hotspots areas on need basis;

7. On encroachment of livestock into conservation areas, game reserves and parks

Peace Committees and Elders from affected areas should meet and seek permission on areas to graze their livestock with written community agreements;

8. On Illiteracy Levels both National and County Governments in all pastoral Counties to ensure all children of school going age attend schools.

This should also include revival of mobile schools for affected communities.

9. On Economic Empowerment deliberate efforts be put in place by both National and County Governments in all pastoral Counties to enhance livelihoods of commuinties through uptake of the various funds available (NGAAF, Youth Fund etc), SMEs projects and other initiatives.

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

Witnessed by:

Chairman, Peace Committee, Samburu East Sub-County [signed]

Chairman, Peace Committee, Samburu North Sub-County [signed]

Chairperson, Inter-Faith Council, Marsabit County [signed]

Mr. John Korir, County Commissioner, Samburu County [signed]

Mr. Gilbert Kitiyo, County Commissioner, Marsabit County [signed]

Mr. Solomon Gubo, Deputy Govenor, County Government of Marsabit, for Governor Marsabit County

Mr. Daniel Lesaigor, Chief Officer, Special Programs, County Government of Samburu, for Governor Samburu County

Mr. Isaiah Nakoru, Regional Commissioner, Eastern Region

Mr. Mongo Chimwaga, Regional Commissioner, Rift Valley Region

Mr. Peter K. Thuku, EBS, Secretary, Peacebuilding and Distaster Response, State Department of Interior

Dated 15th March, 2019 at Sportsman's Arms Hotel, Nanyuki