Community land is for communities, not “private developers”

Photo @Loboikaal Eloto

There is this tired fallacy that people in Kenya's rural lands hardly understand the complexities of governance and so, well-connected individuals and/or organizations from as far afield as Nairobi can have their way without much resistance from these rural folks. That this faulty thinking has penetrated into the very heart of government and NGO bodies is a big reason for all able-minded humans to not only side with justice but more principally, break their silence. For neutrality premised on indifference is an injustice to those crying out for our support. 

A few days ago something game-changing happened in Lokichar, Turkana County. Lodwar suspended the creation of wildlife conservancies within the county. Turkana leadership finally realized that a sin against the people had been committed and that action had to be taken lest the public unleashes its anger - through the ballot or otherwise. 

Prior to this decision, residents of Turkana South had been duped to believe that for socio-economic change to occur following the discovery of oil in the region, creating “community” wildlife conservancies would be inevitable. As a result, huge parcels of community lands were marked out as “community conservancies” under the stewardship of some unknown “conservationists”. What these faceless “conservationists” did not disclose was why their pet project only centered on lands under oil exploration.

Of course, we need not be super-humans to note that there is a love affair between (oil) land compensation billions and conversion of community lands to private properties under the cover of conservation initiatives.

Thankfully this is now dead, buried and forgotten!

The core of Lodwar’s change of mind is that times have changed; that authorities have been caught flat-footed; and that no layers of technical terms can dissuade rural people from defending what is rightfully theirs. Yes, their understanding of governance is “raw”, but it is that “rawness” that – for the case of Turkana residents – forced their leaders to speak loudly and publicly against land grabbing.

We all know that creating a nexus between resourcefulness (read oil), social fragility (ignorance) and land without invoking the power of the people is a dead move. And this is exactly what those faceless “conservationists” plus their local agents failed to grasp. They thought they would simply kick the local community out of the picture and proceed unchallenged.

But their attempts came a cropper – in a very spectacular way!

 

The greatest expressions of defence of public goodies are – no doubt – the thousands of children, women and men, most of whom have never had the privilege of stepping into any formal classroom to collectively stand tall and shout out, “No! We shall not allow land grabbing to happen in Turkana!” These brave souls are my heroes!

Guys, this is what keeps me hopeful. Through that collective appeal, I am convinced that albeit having fakes for leaders, citizens will directly act to safeguard their interests. And because fear is inherently a politician's ruthless enemy, these fakes will either have to transform themselves into real leaders and then carry on with their duties as required or they will be swept away, dumped and be replaced with sober ones. Then the people will win!

But power of the people minus courage and prudence translates not into “people power”. The overarching role of citizens to say “no” when their leaders point in the direction of Hell is what “people power” means. Not dilly-dallying with crooks and pooh-poohing when they finally complete what they know best – destroying a nation's social edifice, selling public land and sleeping with enemies of the public.

Yes, I commend the people of Turkana for their courage. But spending all days celebrating for one step sounds tasteless. It is one thing to kick out pro-conservancies groups, it is another thing to force leaders to detach themselves from these groups, and it is yet another thing to ensure that those groups plus leaders do not form another alliance to hoodwink the populace.

I would rather stop celebrating and focus my energies on ensuring that this deadly alliance doesn’t see the light of the day. This is what will ensure community lands remain what they really are, and ought to be – land for communities, not for “private developers”.

Twitter: @mlemukol.

Pastoralists’ leaders’ summit yielded hollow political declarations

President Uhuru arriving in Isiolo. Photo: Twitter

On March 11, 2016, political leaders from Kenya's pastoralist counties assembled in Isiolo town. In attendance were President Uhuru Kenyatta, who was the chief guest, and his deputy Mr. William Ruto.

Under discussion was how to materialize such policy frameworks as Equalization Fund in order to scale up the fortunes of pastoralists and other victims of historical socio-economic injustices.

But first, let’s agree on one thing: The pastoralists’ leaders’ summit betrayed pastoralists.

From the many speeches delivered during the event, one could easily be misled to believe that with loads of funds now available, needs of pastoralist communities will be dealt with minus hesitation.

And secondly, that as far as development is concerned, leaders, development partners, government and non-governmental agencies, and even the general public have been efficient, and that their efforts have been blocked only by lack of funds.

Meaning, Equalization Fund is the magic key that will unlock pastoralists’ potential. 

In my view, the whole issue about marginalization has not been – strictly speaking – a money matter. It will still not be a money matter. No, shortage of cash has not been the main problem of pastoralists. We have rivers of cash flowing through pastoralist counties but the human power over there is either unable or unwilling to divert them to good use.

Instead of pooh-poohing about the abundance of affirmative action policies in government, I expected the summit attendees to honestly interrogate the extent to which past interventions have reached and table a new approach that will put that thirsty herder in Chalbi desert at the center of all actions – not just talks.

For I believe it is only by auditing our past that we can confidently walk into the future with solid hopes.

Have we ever done a social audit of the NGO billions, for instance, being pumped into pastoralists’ lands in the name of fighting poverty?

Bluntly put, this thing called affirmative action hardly reaches its intended targets.

Prof Thomas Sowell’s Affirmative Action Around The World gives a summary of case studies around the world where very attractive policies (and huge budgets) meant to uplift (or in our case “to equalize”) certain sections of the demographics under review ended up benefiting minorities within majorities.

Well, we all acknowledge the lethal nature of elite power especially when it operates unchallenged. What Prof Thomas Sowell seems to point out in his analysis is that goodies such as Kenya’s Equalization Fund may get pocketed by a tiny, often politically connected members of the target (marginalized) communities thus augmenting the very same socio-economic imbalance that the policy intervention sought to eliminate.

Put differently; say you lower university entry grades for pastoralist children when majority of them are stack in primary schools for lack of enough and affordable secondary schools to absorb them. Logically, those “affirmative” university slots will never benefit kids from poor pastoralist families whose immediate need hasn’t been solved.

Yet with all these visible shortcomings, policy pundits and political leaders still find it easy to rally populations behind these so-called pro-poor policies. This is wholly nonsensical!

Perhaps someone thinks the poor will be blind forever. A time will come when pastoralists, like all poor people around the world, will demand to be told why their children hardly transition to high school and then to university then to those big government offices yet they are told funds like Equalization Fund and many others exist to make their life better.

Pastoralists will also want to know why a huge chunk of affirmative action funds oil the pockets of officials under whose watch they fall while their core work remain untouched.

Unless we admit that poverty is an industry whose existence must be protected and promoted at all costs, there is no reason why leaders (who also happen to represent the poorest of all folks in Kenya) will shun inventiveness as a means to respond to public needs.

To insist on creating layers after layers of committees or whatever to administer Equalization Fund is clearly to run counter the aspirations of communities yearning to taste the fruits of this constitutional blessing.

Should common sense reign, I believe, county governments will be the first port of call for those searching for persons (or committees) to administer this crucial fund.

Given an opportunity to voice my opinion, I will loudly say that Equalization Fund be exclusively used to promote education. That is, building many well-equipped primary and secondary schools and sponsoring needy children. Nothing much, nothing less.

Until these and many other faults are corrected, gatherings like Pastoralists’ Leaders’ Summit will only serve one purpose – producing hollow political pronouncements.

Twitter: @mlemukol.

Governor Nanok's silence fuels oil land grab

Five years ago Kenya officially confirmed the discovery of oil deposits in its north-western corner. Since then, many developments have come up – some positive, others negative. On the positive front, Kenya promulgated a new Constitution which created a coterie of grassroot offices that, without a doubt, have impacted heavily on natural resources’ exploration, exploitation and management.  Of focus on this front is the role of county governments. Whether or not they have performed to the satisfaction of the public remains to be seen.

Personally, I do not think county governments have demonstrated that they truly value, and will do any action as constitutionally demanded of them to safeguard public interest. History always reminds us that not all public bodies are truly public.

One disturbing question that lays bare this historical truism is the handling of oil discovery and its many other sister-projects in Turkana County. As far as I understand Turkana oil politics, failure to clear the air on the status of land under oil exploration; attempts to shortchange the public through withholding crucial information or through outright official sabotage, will not only fuel public anger but may lead to ugly confrontations. We cannot also rule out the emergence of opportunistic politicians with no solid people-oriented credentials.

Examples abound. A number of politicians from the region have been moving around villages popularizing the idea that creating community wildlife conservancies will create jobs and bring the much needed development closer to the people. Their way forward? Turn community lands into wildlife conservancies.

What is conspicuously unclear about this initiative is why these so-called conservancies are located in the southern part of Turkana – a zone also under oil exploration.

Could there be any link between oil activities, eventual conversion of community land into private land and community conservancies?

Proponents of community conservancies bank their reasoning on the thinking that since a huge chunk of the region’s population is unschooled, reportedly have many illegal guns and could potentially pose a security threat hence hampering any oil exploration activities, it makes sense to “keep them busy” by hiring them as rangers. They say this is a two-pronged initiative that will result in wildlife conservation while generating wealth for all.

But beyond these street rumours, nothing tangible exists. Last year, after noises from a section of the public concerning the legitimacy of organizations spearheading this conservancy thing, the Turkana County Assembly intervened and directed that the said bodies suspend their activities until the Assembly decides otherwise.

Remember, the noise was not about constitutional guarantees vis-à-vis community lands. Neither was it about revealing the shadowy deals that gave rise to community conservancies.

To date, nothing seems to be moving forward. Members of the public from the affected zones have been made to believe that some unnamed “anti-development” forces are out to scuttle their only hope – the jobs they were told wildlife conservancies would bring.

With the public in the mix, coupled with the gullible nature of its collective engagement, it is now becoming clear that proponents of community conservancies are smiling. Their mission has been achieved – albeit with many grey areas here and there.

I think I know why. Politics in Kenya is founded on numbers and not principles. I therefore do not see the Turkana County Assembly going against this matter, its legal and moral implication notwithstanding.

Yet, in between these push-overs the land question stands untouched. Could this be part of a grand scheme to dispossess the people of Turkana County of their land? If yes, what will become of it?

That the local leadership led by the County Governor, Hon. Josphat Nanok, has intervened in favour of the true position regarding public land is an assertion I refuse to accept. The governor has only acted through silence. And this is clear for all to note: silence has never subdued forces of darkness especially when they are determined to use all tools within their disposal to kick out a seemingly ill-informed populace from their ancestral home.

Mustn’t I then point out that the Governor’s silence is a direct threat to the people?

Another fundamental point that has been swept under our bureaucratic carpet is the destiny of pastoralists who have transitioned from traditional nomadism and adopted a sedentary lifestyle. Most of these people hardly know they ought to enjoy their constitutional land rights like any other Kenyan. Where will they run to in case they are kicked out of their present locations to give room for oil and other mining activities?

This faulty logic that pastoral lands are vast and that any apportioning to whoever forwards his/her requests would not negatively impact on local people’s lives must not be entertained. And people in leadership must know this better.

Either Governor Nanok stands in solidarity with the people or he publicly explains his silence. People’s land must be protected!

Twitter: @mlemukol

Todonyang’ Massacre and other Kenya's undocumented wars

I think Kenya has failed to live up to the expectations of victims of politically-instigated, tribal, trans-national conflicts. The ups and downs that characterize the daily life of these citizens sum up this official neglect.

We may not all decipher the intrigues that cause human beings to go to war. We may not all be in a position to grasp the “happiness” in the hearts of combatants when they kill, maim, abduct, and/or conquer their “enemies”. But there is one common line that sticks with all of us – combatants and non-combatants alike: That the welfare of victims must assume a central position in peace negotiations.

Surprisingly, a dangerous trend seems to have taken control of all peace initiatives out there – especially in northern Kenya. It is a fact that this region has known endless bouts of bloodbath. It is true that these conflicts have left behind untold socio-economic damage. It is also true that owing to its perceived economic low potential, this region has received little attention from Kenya’s officialdom. 

To bridge this gap, stakeholders in this peace business have come up with what they call “local solutions”. This entails sponsoring peace talks and facilitating interaction between warring parties.

The notion that these gun fights have “tribal”, “cultural”, “boundary” (or whatever) inclinations thus warranting “a local solution” should be challenged.

While I think the reasoning behind this “local solution” route is sound, its implementation has transformed it to a waste of time.

With regards to northern Kenya’s “cattle rustling”, experience has shown that once peace deals are signed the story ends there – a factor that lays bare the limitations of these so-called “local solutions”. Consequently, the whole import of peaceful coexistence has been reduced to one empty statement: That absence of war is peace, and peace equals silencing guns.

Many instances lend credence to calls for a complete overhaul of this “local-solution” thing. 

On May 2, 2011 over 50 people were killed in Todonyang’ village in Turkana North Constituency. The attackers are believed to have crossed over from Ethiopia. Apart from posting a few police officers to the area, nothing else materialized from the side of Kenya’s government. The dead were buried and forgotten.

As regards this Todonyang’ incident, it is important to add that by sending additional security personnel, the government of the day did act because the 10^th Parliament made noise.

On November 2, 2014 about 21 police officers and 3 civilians met their death in the hands of bandits in Kapedo in Turkana East Constituency. All that followed were declarations and hot talk from the who-is-who in government. Thereafter silence reigned and everything was forgotten.

Sometime in 2009 some 39 people were allegedly killed by bandits in Lokori Division of Turkana East. To date, no conclusive narrative vis-à-vis the identity of the killers, the reason behind their actions, where they came from, and more principally, the whereabouts of survivors exists. Like many other incidents before this, the victims were pushed to the corner. 

In Kainuk, Lokichoggio, Kibish and many other border points of Turkana County, if you get killed, you are buried and life continues. People have accepted the situation as “normal”.

Well, this is just a preview of what happens in Turkana County. If we include figures from the whole of northern Kenya, one may be excused to equate the whole thing to a genocide.

Yet this story hardly goes beyond a simple pastoralist manyatta.

Though unrelated, it is logical to claim that it is hypocritical for some of us to pontificate about the need to “remember” and “honour” Kenya’s 2007 post-election violence victims while we belittle the impact of the many undocumented wars stalking this nation.

There shall be no true peace if “remembering” is delinked from daily life exigencies of all. To pick this path is to weaken the foundations of true peace.

And here I point out the nakedness of northern Kenya scholars. What prevents these people from documenting the stories of their people? Or do they subscribe to that school of thought that equates peace to hollow political jamborees?

With County Governments in place, will it still be business-as-usual with regards to the welfare of victims?

As to who pockets the millions of donor funds managed by NGOs claiming to be fostering peace among Kenya’s warring communities, when will soberness and truthfulness guide the way state and non-state actors interact with citizens?

With many of their followers forced to die under the rains of bullets, Turkana leaders are yet to name even a single public edifice, space or whatever after them.

Instead of sponsoring useless junkets for politicos and NGO-types, isn’t it time to expend those billions of shillings on building world class Memorial Villages that will not only settle the issue of honouring and remembering victims but also act as village-based institutions through which members of the society are empowered?

It will be an insult to the dead, the injured and the poor to state that Todonyang’ Massacre victims and many of their colleagues across Kenya have received help. They haven’t and that remains a fact!

When, how and who should remember victims of wars? This question must reactivate our collective consciousness.

Twitter @mlemukol.