Resolutions of the Conflict Mitigation Strategy between Elders from Garissa (Lagdera Sub-County) and Isiolo (Garbatulla Sub-County) Counties attended by National Government Officials together with Building Bridges Initiative at Sportsman’s Arms Hotel, Nanyuki

Export agreement:

Country/entity: Kenya
Region: Africa (excl MENA)
Agreement name: Resolutions of the Conflict Mitigation Strategy between Elders from Garissa (Lagdera Sub-County) and Isiolo (Garbatulla Sub-County) Counties attended by National Government Officials together with Building Bridges Initiative at Sportsman’s Arms Hotel, Nanyuki
Date: 1 Apr 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 peace process
Parties: Witnessed by:
Representative Elders from Lagdera sub-county, Garissa [signatures]
Representative Elders from Garbatulla sub-county, Isiolo [signatures]
Third parties: Witnessed by:
Mr. Victor Kamonde, Deputy County Commissioner, Garbatulla sub-county, Isiolo
Mr. Julius Koima, Deputy County Commissioner, Lagdera Sub-County
Mr. Peter K. Thuku, EBS - Secretary/Peace Building and Distaster Response, State Department of Interior
Mr. Joseph Kaguthi, EBS - Former Provincial Commissioner
Mr. James Matundura, HSC - Building Bridges Initiative
Bishop (rtd.) Peter Njenga - Building Bridges Initiative
Major (rtd.) John Seii - Building Bridges Initiative
Description: Agreement to resolve the inter-community conflict between the Borana and Auliyan of Isiolo and Garissa Counties respectively.

Agreement document: KE_190401_Resolutions of the Conflict Mitigation Strategy between Elders from Garissa (Lagdera Sub-County) and Isiolo (Garbatulla Sub-County) Countie.pdf (opens in new tab) | Download PDF

Local agreement properties

Process type: Formal structured process
Rationale: The agreement references the Nanyuki Peace Agreement Between the Auliyan of Garissa County and Borana of Isiolo County on 22nd September, 2016, and agrees to implement resolutions of that earlier agreement, and earlier declarations made between the two communities (Nanyuki I and II).
Is there a documented link to a national peace process?: Yes
Link to national process: articulated rationale: The agreement was witnessed by representatives of the Building Bridges Initiative (BBI), which was established to resolve issues relating to post-electoral violence in Kenya and ongoing tensions between the national government and opposition leaders.
Name of Locale: Lagdera Sub-County and Garbatulla Sub-County
Nature of Locale: Region
GPS Lat/Long (DD): -0.449490, 39.645145
Participant type: Central state actor
Local state actor
Domestic religious organisation/leader or other elder
Regional state actor
Mediator, facilitator or similar: Mediator or similar referred to
Mediator (references): The meeting was reported in secondary media as being led by the following: 'Government officials including County Commissioners, Building Bridges Officials and other representatives from the Ministry of Interior.'
Type of mediator/facilitator/similar: Central state actor Local state actor

Local issues

Ritual/prayer and process (including use of scripture): No specific mention.
Grievance List: Page 3, 6. Key resolutions
The Elders condoled with the families for the loss of lives in the recent skirmishes. They also promised to embrace peace and ensure there is no further theft of livestock and destruction of property.
Cattle rustling/banditry: Page 3, 6. Key resolutions
The Elders condoled with the families for the loss of lives in the recent skirmishes. They also promised to embrace peace and ensure there is no further theft of livestock and destruction of property.

Page 4, 1.6 On Attacks and Retaliatory Attacks and Compensation:
Existing tradition dispute resolution mechanisms like the Modogashe Declaration 2011 to be reviewed and enforced when addressing compensation of loss of lives, stolen livestock and destruction of property.
...
(b) Return of stolen livestock:
Both communities to expedite return of stolen livestock to their respectful owners.
Social cover: No specific mention.

Resolutions of the Conflict Mitigation Strategy between Elders from Garissa (Lagdera Sub-County) and Isiolo (Garbatulla Sub-County) Counties attended by National Government Officials together with Building Bridges Initiative at Sportsman’s Arms Hotel, Nanyuki

Dated this 1st April, 2019

1. Introduction:

This resolution contains agreement (s) to resolve the inter-community conflict between the Borana and Auliyan of Isiolo and Garissa Counties respectively.

2. Arbitrating Committee Members:

Mr. Peter K. Thuku, EBS - Secretary/Peace Building and Distaster Response, State Department of Interior

Mr. Joseph Kaguthi, EBS - Former Provincial Commissioner

Mr. James Matundura, HSC - Building Bridges Initiative

Bishop (rtd.)

Peter Njenga - Building Bridges Initiative

Major (rtd.)

John Seii - Building Bridges Initiative

Mr. Philip Koima - Deputy County Commissioner, Lagdera Sub-County Garissa State Department of Interior

Mr. Victor Kamode - Deputy County Commissioner, Garbatulla Sub-County Isiolo State Department of Interior

3. Mandate of the Arbitrating Committee

The Committee was mandated to:-

(a) Recieve the Acceptance of both warring communities to arbitrate between them and recieve a commitment signed by the representing elders to that effect.

(b) Arbitrate between the Borana and Auliyan Communities.

(c) Draw a written resolution based on the agreements arising, have it signed by the representatives of the two communities (Borana and Auliyan, share it with respective Regional Commissioners, County Commissioners, County Governments, Members of Parliament and other stakeholders.

(d) Constitute an Interim Implementation Comittee to oversee return of sustainable peace in affected areas.

4. Pre-forum inter-community agreements:

(a) Acceptance of peace to end the current impasse, ethnic tensions, and use dialogue including ADR mechanisms to end the conflict.

(b) Each of the two communities to nominate 10 elders each to represent them in the meeting.

5. Agenda of the forum:

(a) Address cessation of hostilities and further loss of lives including destruction of property.

6. Key resolutions

The Elders condoled with the families for the loss of lives in the recent skirmishes.

They also promised to embrace peace and ensure there is no further theft of livestock and destruction of property.

The Nanyuki Peace Agreement Between the Auliyan of Garissa County and Borana of Isiolo County on 22nd September, 2016 held in Nanyuki was not implemented on the following resolutions and should be implemented immediately:-

1.1 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.

1.2 On Boundary Disputes:

Respective Regional Commissioners from both North Eastern and Eastern regions to address the matter immediately within 3 weeks from the date of this agreement by identifying the beacons of the common boundary.

No further developments on disputed areas until a resolution are finally reached.

1.3 On Pasture and Water Sharing:

Migrating communities to liase continuously with host communities in regard to modalities for pasture and water sharing before moving in with their animals.

The communities in search of pasture and water should declare arms in their possession and they will rightfully use them to protect their livestock.

1.4 On Disarmament:

Disarmament/registration exercise on ilicit arms held by local communities to continue.

National Police Reservists to be recruited trained and issued with firearms.

1.5 On Illegal Settlement:

The Regional Coordinators from both North Eastern and Eastern regions to create a special committee comprising of elders, religious leadrs, chiefs, national government officials, political leaders from both counties to look into the issue of illegal settlements as stipulated in 1.2

1.6 On Attacks and Retaliatory Attacks and Compensation:

Existing tradition dispute resolution mechanisms like the Modogashe Declaration 2011 to be reviewed and enforced when addressing compensation of loss of lives, stolen livestock and destruction of property.

The National Government to equally take action against culprits involved.

Leaders from both communities to engage in inter-commnal dialogues to reduce existing tensions and avert further attacks and counter-attacks

Security agencies to act on Early Warning information given by the community and the political leaders to make follow-ups/implement recommendations made therof.

Due dilligence to be done while creating new administrative units.

There is need to engage with the final decision making organs of the warring communities in Hayu (Borana) and Ugasi (Auliyan) on review and follow-up on implementation of Nanyuki I and II Declarations.

This should include input from National and County governments security officers, peace committees, elders, politicians and other stakeholders on undertaking of PBCM/CPRM initiatives earlier agreed upon.

(a) Compensation:

Both communities to expedite compensation of lives lost during the conflict.

(b) Return of stolen livestock:

Both communities to expedite return of stolen livestock to their respectful owners.

Both communities to respect and adhere to customary laws and/or ADR mechanisms (Dhetha System) on pasture management.

(d) Embracing of Environmental Conservation:

Both communities to commit to embracing environmental conservation given the diminishing natural resources and adverse weather conditions.

(e) Apprehension of Individuals Engaging in Criminal Activities:

Relevent authorities to expeditte aprehension of individuals engaging in criminal activities and ensure their prosecution.

(f) Facilitation of Peace Committees and Elders:

Mechanisms be put in place to facilitate/support peace committees and elders in undertaking of quarterly (1/4) PBCM/CPMR initiatives at the grassroots levels.

This will go a long way in reducing the current tensions and avert future attacks and retaliatory attacks.

(g) Engagement with Political Leadership:

There is need for reaching out to politicians on subsequent and future peace initiatives.

This also includes addressing issues touching on incitement and funding of violence, forcible displacement of persons for political mileage and creating further tensions and ethnic animosity.

(h) Quarterly joint Meetings/Barazas and Peace Caravans

Both national and county government officials including security officers from affected areas to participate in quarterly joint meetings/barazas and peace caravans targeting the two communities - Borana and Auliyan in Lagdera and Garbatulla sub-counties.

(i) Resettlement of Displaced Persons

Concerted efforts be made to facilitate persons displaced by the conflict.

(j) Insecurity:

Highway banditry, proliferation of illicit arms are of a concern and there is need for security to be beefed up in affected areas in Lagdera and Garbatulla sub-counties.

Chiefs and Assistant Chiefs to be proactive in sharing of early information on threats to peace and security for rapid response by relevant authorities.

(k) Communication amongst Elders:

Elders to enhance information sharing and communication amongst themselves on issues regarding peace and security regularly.

They should ensure they have telephone contacts including those of their respective Chiefs and Assistant Chiefs.

Finally, all present at this forum commit ourselves on issues regarding peace and security regularly.

They should ensure they have telephone contacts including those of their respective Chiefs and Assistant Chiefs.

Witnessed by:

Representative Elders from Lagdera sub-county, Garissa [signatures]

Mr. Julius Koima, Deputy County Commissioner, Lagdera Sub-County

Representative Elders from Garbatulla sub-county, Isiolo [signatures]

Mr. Victor Kamonde, Deputy County Commissioner, Garbatulla sub-county, Isiolo