Modogashe Declaration (III)

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Country/entity: Kenya
Region: Africa (excl MENA)
Agreement name: Modogashe Declaration (III)
Date: 8 Apr 2011
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: On behalf of Mandera County:vHussein Mohamed ADAN, Abdi Wili ABDULLAHI, Abdille Sheikh BILLOW
On behalf of Wajir County: Ali Abdi OGLE, Abdisalan Ibrahim ALI, Bishar Ali OLOW,
On behalf of Garissa County: Dagane Karur OMAR, Hassan Abdi HURE, Hussein Noor Abdi
On behalf of Tana River County: Kahonzi Esther JARHA, Ijema Godana HASSAN, Aden Ibrahim ARALE
On behalf of Marsabit County: Guyo Karayu DIKA, Hassan Lolterka LENAROKI, Boru Arero BORU,
On behalf of Sabburu County: Jason LESHOOMO, Peter P. LEKISAT, Benedicto L. LOLOSOLI
On behalf of Meru County: Linos Kathera M. ERIMBA, Mitabathi M.KIRIMANA KIRIMANA
On behalf of Nairobi County: Lucy Nyambura NDIRANGU, John Charles ODHIAMBO
Third parties: On behalf of North Eastern Province: Mr. James Ole Serian, EBS
On behalf of Coast Province: Mr. Ernest G. Munyi, EBS
On behalf of Eastern Province: Ms. Clare A. Omolo, EBS
On behalf of Rift Valley Province: Mr. Osman Warfa, EBS
Description: County and regional leaders agree to measures to reduce conflict over theft of livestock, as well as provisions to stop unauthorised migration.

Agreement document: KE_110408_Modogashe Declaration (III).pdf (opens in new tab) | Download PDF

Local agreement properties

Process type: Formal structured process
Rationale: It builds upon the Modogashe I and II declarations and it was supported by the government in a context in which there was already a national support mechanism for local initiatives. The Naivasha I and II Consultative Fora on Peace and Security held in 2008 and 2009 recommended that the Modogashe be reviewed, and meetings held in 2010 and 2011 resulted in Modogashe III. The National Steering Committee on Peacebuilding and Conflict Management convened the forum that produced this agreement.
Is there a documented link to a national peace process?: No
Link to national process: articulated rationale: No references made in the agreement or additional reporting linking this to a national process, despite the involvement of the NSC. Local process addresses long-term security and resource issues in the some of the northern counties of Kenya that pre-date 2008, although it does also cover Nairobi (possibly due to the inclusion of DPC members from Nairobi as part of an experience sharing aim of the forum).
Name of Locale: Marsabit, Isiolo, Mandera, Wajir, Garissa, Tana River, Samburu, Meru and Nairobi.
Nature of Locale: Region
GPS Lat/Long (DD): 0.729916, 39.172010
Participant type: Central state actor
Local state actor
International or transnational actor
Domestic religious organisation/leader or other elder
Local community/civilian group(s)/civil society organisations
Regional state actor
Mediator, facilitator or similar: Mediator or similar referred to
Mediator (references): Not listed as signatories, but reporting of the forum states that was it was co-facilitated by Ms. Dekha Ibrahim (community peacebuilder from Wajir), Tumal Orto (local community member), Dickson Magotsi (National Steering Committee on Peacebuilding and Conflict Management) and Dominic Pkalya (UNDP).
Type of mediator/facilitator/similar: Central state actor Local community/civilian group(s)/civil society organisations International or transnational actor

Local issues

Ritual/prayer and process (including use of scripture): No specific mention.
Grievance List: Page 4,
We further resolve to collaboratively address the six (6) under-listed emerging issues for conflict dynamics within the target Counties and neighbouring Countries:
- Urban issues and related disputes (Plots and boundaries)
- Conservancies
- Youth and violence (involvement in local and international criminal activities, militia)
- Strengthening cross-border frameworks i.e international boundaries, inter-community and intra-community
- Gender-based violence
- Transitions to County System of Governance
Cattle rustling/banditry: Page 1-2, On Livestock Raiding
This Declaration and agreement respects sanctity of life.
(g) with regard to compensation of lives lost through livestock raiding, the Declaration shall be applied on the basis of context:
(i) between those professing Islamic faith, the compensation shall be in line with Quara’nic teachings.
(ii) where the parties profess different faiths, customs or cultures, mutual agreement shall be reached in compensation for the victim as stated in the context-specific Declarations and Agreements
(h) the communities, National and County Governments to invest in modern anti-livestock raiding technologies such as e-tracking.
Social cover: No specific mention.

Modogashe Declaration, 8th April 2011

We the leaders drawn from the respective counties of Marsabit, Isiolo, Mandera, Wajir, Garissa, Tana River, Saburu, Meru and Nairobi, gathered at the Almond Resort in Garissa on the 7th and 8th of April 2011, do hereby commit ourselves and resolve that the Modogashe Declaration that was entered into in the first instance in 2001 and revalidated in 2005, stands further revalidated as at the 8th Day of April, 2011 as per the Amendments contained herein.

We do hereby resolve that:

The Community Peace Agreement and Declaration shall generally apply to the Parties herein.

In addition, context-specific agreements and Declarations shall apply in unique circumstances as entered into by various communities in a stated locality.

On unauthorised grazing:

(f) private farms, conservancies, parks, and the environment at large should be protected and respected by all Parties

(g) cross-border issues should be the responsibility of Government, Communities, peace structures and institutions.

On Livestock Raiding:

This Declaration and agreement respects sanctity of life.

(g) with regard to compensation of lives lost through livestock raiding, the Declaration shall be applied on the basis of context:

(i) between those professing Islamic faith, the compensation shall be in line with Quara’nic teachings.

(ii) where the parties profess different faiths, customs or cultures, mutual agreement shall be reached in compensation for the victim as stated in the context-specific Declarations and Agreements

(h) the communities, National and County Governments to invest in modern anti-livestock raiding technologies such as e-tracking.

On Control of livestock diseases and trade:

(k) Counties in the target areas under this Declaration and Agreement negotiate with ranches on grazing rights and benefits during dry spells

(l) revival of all livestock holding grounds to facilitate livestock trade

(o) Establish abboteaurs in strategic areas in the country

On Acquisition of identity cards by non-Kenyans:

Those suspected to facilitate the illegal movement and entry of aliens, asylum seekers and refugees be prosecuted in line with the Kenyan laws.

On Socio-economic empowerment:

(p) To create joint response structures for managing agro-pastoralist conflict, especially in areas where communities interface.

On the Role of Peace Structures, Institutions and Mechanisms:

Strengthen peace committees and other collaborative response structures for peace within and between Counties;

and neighbouring Countries, including Council of Elders, religious Mediation Councils, women and youth initiatives among others.

We further resolve to collaboratively address the six (6) under-listed emerging issues for conflict dynamics within the target Counties and neighbouring Countries:

Urban issues and related disputes (Plots and boundaries)

Conservancies

Youth and violence (involvement in local and international criminal activities, militia)

Strengthening cross-border frameworks i.e international boundaries, inter-community and intra-community

Gender-based violence

Transitions to County System of Governance

Al present at this Forum resolve to the Joint Stakeholder Forum on Revalidation of the Modogashe Declaration resolves to expand the geographical scope of this Declaration and Agreement to include other neighbouring Counties and Countries.

Finally, all present at the Forum commit ourselves to reach out to all actors in the implementation of the Modogashe Declaration in line with the annexed Implementation Strategy as contained herein.

Signed on this 8th Day of April, 2011:

For and Behalf of:

Mandera County

Hussein Mohamed ADAN

Abdi Wili ABDULLAHI

Abdille Sheikh BILLOW

Wajir County

Ali Abdi OGLE

Abdisalan Ibrahim ALI

Bishar Ali OLOW

Garissa County

Dagane Karur OMAR

Hassan Abdi HURE

Hussein Noor Abdi

Tana River County

Kahonzi Esther JARHA

Ijema Godana HASSAN

Aden Ibrahim ARALE

Marsabit County

Guyo Karayu DIKA

Hassan Lolterka LENAROKI

Boru Arero BORU

Sabburu County

Jason LESHOOMO

Peter P. LEKISAT

Benedicto L. LOLOSOLI

Meru County

Linos Kathera M. ERIMBA

Mitabathi M.KIRIMANA KIRIMANA

Nairobi County

Lucy Nyambura NDIRANGU

John Charles ODHIAMBO

In the presence of respective Provincial Commissioners:

North Eastern Province Mr. James Ole Serian, EBS

Coast Province Mr. Ernest G. Munyi, EBS

Eastern Province Ms. Clare A. Omolo, EBS

Rift Valley Province Mr. Osman Warfa, EBS