Mabanga Peace Accord

Country/entity
Kenya
Region
Africa (excl MENA)
Agreement name
Mabanga Peace Accord
Date
21 Oct 2011
Agreement status
Multiparty signed/agreed
Interim arrangement
Yes
Agreement/conflict level
Intrastate/local conflict
Stage
Framework/substantive - partial
Conflict nature
Inter-group
Peace process
Kenya Local Agreements
Parties
Mr Henry Wanyonyi
Chairman,
Bukusu Supreme Council of Elders
Date:

Mr.JoseckiOkisai
Chairman,
Suprmee Council of Teso Elders
Date:

MrReuben C.Butaki
Chairman,
Sabaot Supreme Council of elders
Date:
Third parties
Winessed by:

Ms. Leonie Abela
Chief Facilitator
Inter-Community Peace Conference
Country Coordinator ACORD KENYA

Mr.Festus Mukoya
Coordinator,
FPFK – Peace and Rights Programme

Emmanuel Ole Sayiorry, PhD
Co-Facilitator
Inter-Community Peace Conference
Snr Lecturer, Daystar University

Ndolo Asasa Wycliffe Esq.
Co-Facilitator,
Inter-Community Peace Conferenec
Chairperson, Pioneers for Change

In the Presence of
Hon. KalonzoMusyoka, EGH
Vice President of the Republic of Kenya
MP Mwingi North and Minister for Home Affairs

Dr. Ahmed Yassin
Commisioner
National Cohesion Integration Commission
Description
Agreement between elders of three communities, Babukusu, Iteso and Sabaot, that makes provisions for the return of stolen land, tribal politics, and provisions for equity between tribes in terms of distribution of resources and political power.

Local agreement properties

Process type
Formal structured process
Rationale
Process supported by the National Cohesion and Integration Commission.
Is there a documented link to a national peace process?
No
Link to national process: articulated rationale
Not explicitly stated in the agreement, although part of the National Cohesion and Integration Commission efforts to prevent future conflict address legacies of the post-election violence in 2008. However, the agreement itself relates to land rights and evictions, and the conflict between the Sabaot Land Defence Force (SLDF) and the Kenyan government.
Name of Locale
Bukuso, Iteso, Sabaot
Nature of Locale
Region
GPS Lat/Long (DD)
0.799282, 34.427251
Participant type
Central state actor
International or transnational actor
Domestic religious organisation/leader or other elder
Local community/civilian group(s)/civil society organisations
Mediator, facilitator or similar
Mediator or similar referred to
Mediator (references)
Mediator: Facilitated by the Inter Community Peace Conference Members: Ms. Leonie Abela Chief Facilitator, Inter-Community Peace Conference, Country Coordinator ACCORD KENYA; Mr.Festus Mukoya Coordinator, FPFK – Peace and Rights Programme; Emmanuel Ole Sayiorry, PhD Co-Facilitator, Inter-Community Peace Conference, Snr Lecturer, Daystar University; Ndolo Asasa Wycliffe Esq. Co-Facilitator, Inter-Community Peace Conference, Chairperson, Pioneers for Change
Type of mediator/facilitator/similar
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

No specific mention.

Cattle rustling/banditry
Page 5, 17. Prejudice
That the Council of Elders of the three communities shall ensure that:...g) Stock theft amongst us is stopped and that all communities to respect the economic practices of other communities.
Social cover

No specific mention.

Page 1

RESOLUTIONS OF MABANGA PEACE CONFERENCE

ADOPTED AT THE CONCLUSION OF THE INTER-COMMUNITY PEACE COFERENCE HELD AT MABANGA FARMERS TRAINING CENTRE (BUNGOMA) FROM 16TH TO 21ST OCTOBER 2011

PREAMBLE:

HONOURING all those who heroically clamoured for sustainable peace between communities and hereby asserting that those struggles are not in vain;

PROUD that our role and endeavours as elders and peace agents to a propagate and advocate for peaceful coexistence between communities, eventually bore fruit;

DELIGHTED that many elders from Babukusu, Iteso and Sabaot , in exercising their free will and sense of wisdom to provide leadership, fully participated in the development of this peace roadmap and agreement;

AWARE that many challenges face the people of Kenya in asserting their right to live and co-exist in peace and dignity, and further aware that there shall be attempts to subvert he will of the people as expressed through their leaders here gathered;

We, hereby, resolve as follows:

LAND.

Land and Displacement

That all persons who are the victims of displacement (currently in Bungoma, Trans-Nzoia counties and the diaspora) who hold legitimate title deeds or any other supporting evidence confirming ownership of land from which they were evicted should be assisted through:

Council of Elders (Sabaot, Bukusu and Teso)

Land Control Boards

Land Dispute Tribunal

The Government of Kenya

Any other appropriate legal channels

To repossess their land.

To be issued with title deeds.

To be allowed to access and use their land freely.

To seek for legal redress for any other disputed land cases.

Loss and destruction of property

That all persons in Bungoma and Trans Nzoia counties whose properties were lost or destroyed or sold under duress during the clashes should assisted through:

Page 2:

Council of Elders (Panel of Sabaot, Bukusu and Teso)

Land Control Boards

Land Dispute Tribunal

The Government of Kenya

Any other appropriate legal channels

To lobby to get compensation by the Government of Kenya for damages incurred as a result of the said land clashes

3. Political incitement

a). That the Council of Elders of three Communities work towards eliminating tribal based politics in their midst.

b). That politicians an all leaders should refrain from making hate speech that contribute to negatively inciting communities against each other.

b). That any politician or leader making hate speech should be appropriately reported to the state authorities concerned.

4. Tribalism, clannism, patronism and prejudice.

That for the purposes of equity and inclusiveness among the communities :

-

The Composition of the Land Control Board and Land tribunal should have equitable representation of officers from the three communities.

The Council of Elders should encourage members of all communities to feel free and welcome to live anywhere in Kenya

5. Political and administrative boundaries

a) That theIndependent Election and Boundaries Commission (IEBC) and administration officials should take into account the interests of minorities and marginalized groups when creating boundaries

b) That the e process should be participatory and inclusive

c) That the independent Electoral and Boundary Commission should be urged to reconsider redrawing of boundaries where possible that gives all communities opportunities to elect leaders that can drawn from all communities to avoid the dominance of one community from leadership.

6. Squatters

That Resulting from:-

(i) Colonial displacement from transzoia

(ii) forest evictees

(III) IDPs

(IV) Landless

The Council of Elders (Bukusu, Teso and Sabaot) shall lobby the Government of Kenya to resettle all squatters and forest evictees.

Page 3

7. Completion of Chebiuk Settlement Scheme

That the Council of Elders shall intensify lobbying the Government of Kenya for comprehensive completion of Chebiuk settlement scheme

8. The Sabaoit compensation claim court case (Transzoia)

That the Bukusu community shall further consult for a period of upto two (2) months on the said issue and appropriately revert back to this land committee and forum.

This will not affect further pursuance of the said case by the Sabaoit community.

B. LEADERSHIP AND INEQUITABLE DISTRIBUTION OF RESOURCES

9. Culture of Political Domination

a) That the Council of Elders of the three Communities shall work towards eliminating the culture of Political Domination and promote the Culture of Inclusiveness and Mutual Recognition.

b) That the County Government Positions shall be shared equitably and in an inclusive manner among Communities in Bungoma and Trans-Nzoia County.

c) That all nominated positions be done using affirmative action principle as embraced in the Constitution.

d) That employment will be made available to all deserving cases reflecting fairness, equity and competence.

e) That appointments to the boards and committees shall be done in a manner that reflects fairness and diversity to all communities and geographic spread.

f) That the allocation of resources in respective counties shall not be pegged on political influence.

g) That all leaders at all levels shall take the initiatives towards enhancing equitable distribution of resources as stipulated in the Kenyan constitution.

10. Discrimination on resource Sharing.

Access to Employment,Promotions and Opportunities

a) That the Council of Elders of the Three Communities shall work to promote equity, inclusion and fairness in distribution and sharing of resources, opportunities and other benefits among the inhabitants of the Two Counties.

b) That the Principle of Affirmative Action and Inclusion shall be adopted as a benchmark in Resource Distribution, Employment Opportunities and promotions.

c) That each community shall apologize to each other publicly on perceived injustices of the past.

Page 4

11. Devolved Fund

That:-

a) Undue political leadership shall not be encouraged as the key determinant of management of the devolved funds

b) Funds should be run professionally with a view to project identification, viability and costing.

c) The management committees should represent the diversity of communities’ in the area on a regional balance.

d) The disbursement of these funds should be given to beneficiaries regardless of ethnicity, race, colour, sex, and religion.

12. Political Intimidation

a) That the Council of Elders shall, among others, lead the disarmaments, demobilization and rehabilitation initiatives of the young men in militia groups occupied by the three communities.

b) That the Government and other development agencies shall enhance security through cooperation and collaboration with the Council of Elders.

13. Natural Resources

That:

-

Water catchment areas shall be managed, protected and preserved for future generations.

Forests shall be protected and their products harvested in a systematic and sustainable manner for the benefit of the communities.

Tourists’ sites in these areas shall be developed to their full potential.

14. Education and Educational Institutions

That :

-

Learning institutions shall be equitably distributed within the region

The marginalised areas within the two counties shall given priority to redress the imbalance

15. Proliferation of Small Arms Light Weapons

That:-

The Council of Elders and all other leaders shall continuously engage with the Kenya Government to ensure review and implementation of relevant laws and policies on firearms control.

Page 5

The communities shall continue to support provision of focused and relevant training for Kenya reservists on the use and control and management of small arms and light weapons.

We the Council of Elders of Sabaot, Bukusu and Iteso undertake to carry out intra and inter-community monitoring, disarmament and reduction of Small Arms and Light Weapons in close partnership with government.

16. Distorted History

That:-

That the three Communities affirm to respect the legitimacy of each other’s history recognizing that they have valid but varied narratives concerning events and eras.

The three Communities affirm each other’s legitimacy and rightful status as equal members of the Trans-Nzoia and Bungoma Counties.

The Three Communities Resolve to continue consulting and collaborating in recreating a shared positive narrative that will foster oneness among the all generations of the three communities.

17. Prejudice

That the Council of Elders of the three communities shall ensure that:-

All parties respect each others’ cultural practices and traditions at all time.

Use of derogatory names shall stop.

Children are taught to respect other people’s culture

All parties embrace openness and honesty at all times.

All parties will work together and in partnership with the administration on matter on naming and renaming.

All parties will recognise and develop talents of all children and youths regardless of ethnicity.

Stock theft amongst us is stopped and that all communities to respect the economic practices of other communities.

18. Inclusivity

That this agreement in no way excludes other communities resident in Bungoma nad Trans Nzoia Counties from subsequently and severally being enjoined and engaged for the ultimate realisation of the purpose of this process

Page 6

Resolves at Mabanga Agricultural Training Centre, Bungoma County, Kenya;

the 21st Day of October 2011 by us, 130 elders being the representatives of Bukusu, Iteso and Sabaot communities and signed by our respective Chairmen THUS-

Mr Henry Wanyonyi

Chairman,

Bukusu Supreme Council of Elders

Date:

Mr.JoseckiOkisai

Chairman,

Suprmee Council of Teso Elders

Date:

MrReuben C.Butaki

Chairman,

Sabaot Supreme Council of elders

Date:

Ms. Leonie Abela

Chief Facilitator

Inter-Community Peace Conference

Country Coordinator ACORD KENYA

Mr.Festus Mukoya

Coordinator,

FPFK – Peace and Rights Programme

Emmanuel Ole Sayiorry, PhD

Co-Facilitator

Inter-Community Peace Conference

Snr Lecturer, Daystar University

Ndolo Asasa Wycliffe Esq.

Co-Facilitator,

Inter-Community Peace Conferenec

Chairperson, Pioneers for Change

In the Presence of

Hon. KalonzoMusyoka, EGH

Vice President of the Republic of Kenya

MP Mwingi North and Minister for Home Affairs

Dr. Ahmed Yassin

Commisioner

National Cohesion Integration Commission