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The Never-Ending Curfews and State-Sanctioned Violence in Northern Kenya

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No place in Kenya has been more affected by brutal curfews, lockdowns, and policing of bodies than northern Kenya. While state-sanctioned violence has been a central feature of life in northern Kenya for over a century, egregious human rights violations have not found closure, even after the release of the TJRC’s report and recommendations.

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The Never-Ending Curfews and State-Sanctioned Violence in Northern Kenya
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States have responded to the outbreak of COVID-19 with a raft of measures depending on their capacities and the opinions of their functionaries. Some countries have also imitated or “adopted” the containment measures rolled out by their counterparts elsewhere.

By and large, the common denominator of these responses has been curtailment of freedom of movement through lockdowns and curfews. Curfews are normally put in place to limit freedom of movement for security reasons. However, in the context of a public health emergency like the COVID-19 pandemic, they are designed to contain the movement of persons and that of pathogens among them.

In the wake of the global COVID-19 pandemic, Kenya has put in place dawn-to-dusk curfews to contain the spread of the virus. (A recent executive directive has changed the hours to from 9 p.m. to 4 a.m.) Unfortunately, the positive intentions of the curfew notwithstanding, there have been widely reported cases of police brutality in its “enforcement”.

While on the surface the idea of curfews sounds benign and even necessary, the attendant state violence that has been witnessed in different parts of the country is always met with public resentment. For the people of Northern Kenya, in particular, it stirs up painful historical and recent memories of military and police abuses in the region.

It is worth noting that the foundation of Kenya was inextricably linked to epidemics and later some form of curfews (kafio in local parlance). Historically, colonialism imposed itself in the region in the aftermath of the rinderpest epidemics between the 1890 and 1891 that devastated livestock (the mainstay of pastoralism) and wildlife across much of Africa.

With the advent of colonialism, the region that came to be identified as the Northern Frontier District (NFD) constituted around half of Kenya’s land mass. This mainly arid area populated by nomadic pastoralists was treated as a buffer to the more “productive” highlands of central Kenya, and was consequently excluded from any form of “development”. The arrival of independence did little to peel back this colonial exclusionary practice; instead, it perfected the marginalisation of the region.

Colonialism as violence

In the pastoralists’ world, mobility is fundamental to economic, political, and ritual reality.  Life, and indeed survival, are predicated on movement across the vast landscape, either in search of pasture and water for livestock or simply to perform rituals in a sacred place at appointed times of the year. This movement is not haphazard as some might assume, but is underpinned by a sophisticated understanding and use of space. Movement is a strategic way to maximize the use of the available resources and to conserve the environment at the same time. Imposing other models that curtail movement in the way the modern states do is therefore profoundly disruptive to pastoralism.

With the advent of colonialism, the region that came to be identified as the Northern Frontier District (NFD) constituted around half of Kenya’s land mass. This mainly arid area populated by nomadic pastoralists was treated as a buffer to the more “productive” highlands of central Kenya, and was consequently excluded from any form of “development”.

The establishment of the colonial arrangement of fixed national territories and internally demarcated “Tribal Grazing Areas” fundamentally restricted the mobility of herders and pastoralist communities. When not in conservation rhetoric, this restriction of movement was often framed as a security issue where communities were to be “protected” from raids by other groups. communities from raids by other groups This framework greatly destabilised the pastoralists’ spatial organisation of lives and livelihoods, forcing them to make do with whatever resources that were included in “their” territories.

Closure, lockdown and law

This territorialisation of ethnic groups was affected through a set of draconian laws aimed at keeping people “in place”.  Between 1902 and 1949, pieces of legislation were crafted to undergird partitioning of space and ultimately punish the “offenders”. The Outlying District Ordinance of 1926 and the Special Districts (Administration) Ordinance of 1934 are illustrative of this legal regime.

The Outlying District Ordinance declared the whole of the NFD a “Closed District” and prohibited persons from entering or leaving it without the permission of the Provincial Commissioner (PC). Consequently, movement was strictly controlled and depended on the issuance of a limited number of biannual passes.

In 1934, the PC was given exclusive powers under the Special Districts (Administration) Ordinance to grant permission to residents to graze their livestock only in particular areas – a move that tied previously mobile nomadic pastoralists to specifically designated geographical spaces. By pegging communities to particular “grazing areas” and consolidating their identity along grazing lines, “tribalism” was thus greatly promoted during this period.

Furthermore, there was a general apartheid-style division of space not only through Tribal Grazing Areas to distinguish who got to use which pasture areas and wells, but also who got to live where. There was an established separation of black and white areas: the townships were for white colonial administrators and a few Arab and Indian traders, and the reserves (risaaf in local parlance) were for the various indigenous ethnic groups. Those who showed “tribal indiscipline” and who trespassed into “closed areas” or stayed in the township past certain designated hours were slapped with heavy fines.

In 1934, the PC was given exclusive powers under the Special Districts (Administration) Ordinance to grant permission to residents to graze their livestock only in particular areas – a move that tied previously mobile nomadic pastoralists to specifically designated geographical spaces.

The north was also closed off from formal education, with only a handful of government primary schools and no secondary schools in most of the districts. It took the Catholic Church (which came in in the second half of the twentieth century) to transform the health and education sectors by building dispensaries, hospitals, and schools in the region. Prior to that, the Catholic Church had been refused entry to carry out any proselytisation or development work in the region.

War metaphors

War metaphors have recently been invoked in the context of the global COVID-19 pandemic.  The fight against the virus itself has been framed as a war. More importantly, past wars have also been invoked to try to make sense of the restrictions around movement and to contemplate the envisaged scale of devastation.  The argument is often framed around World War II. The German Chancellor, Angela Merkel’s much praised speech in the early days of the pandemic is an example of this war rhetoric .

Kenya’s former Prime Minister, Raila Odinga, also recently invoked war  when he observed, “Today, the whole world stands where Europe was in 1945.” He subsequently went on to urge the United States and Europe “not to abandon their roles” to help other parts of the world just like the United States “saved” Europe in the aftermath of WWII.

It might be worth considering the lingering effects of such global events and many more “small” wars on hitherto small and obscure parts of the globe like the NFD. No place in Kenya has arguably faced the consequences of war more than the northern region. While World War II did not directly affect many parts of Kenya, Kenya was fertile ground for the recruitment of soldiers (askaris) by the British.

What is often forgotten is that the NFD was the scene of military combat. Marsabit was, in fact, a frontier in the Italo- Abyssinian war and World War II. The administrative station in the township, about 300 miles from the Kenya-Ethiopia border, was used by the Royal Air Force (RAF) as one of the main bases for launching attacks on the frontier.

As the situation grew volatile, the colonial administrators were evacuated from the town to central Kenya and the few traders in the township, mainly Somalis belonging to the Isaak and Herti clans, also fled to other parts.  The local “native population” was subsequently evacuated from the town to a plain known as Diid Wachu as a measure against aerial raids. The local airstrip was subsequently bombed by the Italian forces but fortunately there were no casualties.  All this is recounted within living memory of older residents of the region as “gaaf taliana” – the time of the Italians.

Post-WWII exclusion 

The State of Emergency in the early 1950s in response to the Mau Mau insurgency in central Kenya exacerbated the movement restrictions already in place in northern Kenya. Within a few days of the declaration of the State of Emergency, the first political detainees – Jesse Kariuki and Ex-senior Chief Mbiu Koinange – arrived in Marsabit.  By 1952, three of the “Kapenguria Six” – Richard Achieng Oneko, Fredrik Kubai and Bildad Kagia – were detained in Marsabit and attended the court sessions in Kapenguria. According to colonial reports at the Kenya National Archives, by the end of 1952, there were a total of ten political detainees in Marsabit.

That the political detainees were shuttled off to the north during the emergency was underpinned by this warped and prejudiced colonial view that the north is a punishing place.

The words of one former colonial administrator, Charles Chevenix Trench, best characterise this view:

“The north was another world. Most of the country is scrub-desert, every tree and bush bristling with hooked ‘wait-a-bit’ thorns, which tears at flesh and clothes. One can seldom see more than three hundred yards, often much less. There was no permanent water except for the Uaso Nyiro, Tana and Juba rivers, the Lorian swamp, and a few clusters of deep wells. It was a country in which small forces were ambushed and cut up, large forces suffered cruelly from hunger and thirst, and both lost their way.” (1993:48)

Exiling the detainees to northern Kenya essentially meant consigning them to an “open prison”, in the colonial mental cartography.

The politics of independence  

In the background of negotiations for Kenya’s independence there was the lingering question of the fate of the Northern Frontier District (NFD): Should the region be part of Kenya or Somalia? This question generated a fierce debate. Kenya wanted the NFD to be part of Kenya, and Somalia wanted the region to form part of Greater Somalia that would include the Ethiopian Ogaden, British Somaliland, the former Italian Somaliland, and Djibouti. This was given a further impetus in 1960 when British Somaliland and Italian Somalia joined to form the independent Republic of Somalia.

To resolve the issue, in typical British fashion, the Colonial Secretary, Regiland Maulding, formed the Regional Boundaries Commission in 1962. The same year, the committee recommended that the predominantly Somali-inhabited areas should remain as part of Kenya as the North Eastern Province. This was despite the fact that a referendum had shown that most of the inhabitants were in favour of joining Somalia. To solicit for their opinion in a plebiscite and not honouring the community’s response was a recipe for fomenting resentment.

Subsequently, the region boycotted the 1963 elections to select the government that would take over from the British after independence on 12 December.  With the backing of the regime in Mogadishu, the region started an armed insurgency to secede from Kenya. The newly independent Kenyan government responded by declaring a State of Emergency in northern Kenya on 28 December 1963, only two weeks after independence.  This would later precipitate the Shifta War between 1963 and 1968.

The so-called Shifta War

The trigger for the declaration of the State of Emergency was the assassination of the first African District Commissioner, Mr. Daudi Dabasso Wabera, and the Senior Chief, Haji Galma Dido. As part of the State of Emergency, the government issued a series of regulations and administrative edicts: all the residents of the NFD were required to register and carry identity papers. Curfew orders, movement restrictions, and livestock seizures (as a form of collective punishment) were imposed to curtail Shifta activity.

Further, the security forces could arrest and detain any person without a warrant for 28 days.  This further cemented securitisation of the relationship between the people of the region and the Kenyan state and automatically transferred the burden of proof of whether the people of Northern Kenya were Shiftas.

To inflict further misery on the people, in 1966 the government introduced a forced villagisation programme for residents of NFD. Villagisation was predicated on the classic counterinsurgency principle that the centre of gravity in an insurgency rests with the population, and once the insurgents are starved of the population’s support, food and logistics, they will eventually be uprooted.

This meant a scorched-earth policy of collective punishment of the population that included torture, extrajudicial executions, especially of men, and destruction of the livestock economy. (Some draw a direct link between the region’s current poverty and the destruction of the livestock economy by the security agencies during this period.)

Regarding villagisation in the NFD during the Shifta period, G.G Kariuki, the then Minister for Internal Security, told Parliament, “We do not want to be told that there are loyal Somalis, let loyal Somalis come out and show us their loyalty. Let them be put in a camp where we can scrutinise them and know who [amongst them] are good.” 

To inflict further misery on the people, in 1966 the government introduced a forced villagisation programme for residents of NFD. Villagisation was predicated on the classic counterinsurgency principle that the centre of gravity in an insurgency rests with the population, and once the insurgents are starved of the population’s support, food and logistics, they will eventually be uprooted.

Central to villagisation (in addition to the cessation of free movement of people and livestock) was an attempt to turn the people of northern Kenya away from pastoralism towards settled agriculture. At the heart of this mindset is the false dichotomy that pastoralism is bad and settler agriculture is good. This was affirmed by the first post-independence development policy, Sessional Paper Number 10 of 1965, on African Socialism and its Application to Planning in Kenya.

While the 1952 State of Emergency declared by Governor Everlyn Baring and the Mau Mau rebellion tend to get plenty of attention within Kenya’s historiography, the same cannot be said of the Shifta War, despite the uncanny resemblance and parallels of the colonial British policies and modus operandi and the way the Kenyan government dealt with the Shifta insurgency.

Parallels between Mau Mau and Shifta

The post-independence administrators, many whom had served in the British colonial administration, saw a parallel between the Mau Mau and the Shifta. For them, the only way to deal with an insurgency was to use the colonial playbook on the Mau Mau. The Kenya Truth, Justice and Reconciliation Commission (TJRC) stated, “This villagisation programme was eerily reminiscent of the detention camps created during the colonial period.”

The government not only committed the crime but went further and attempted to conceal it. According to the TJRC, “The Kenyan government made a deliberate and concerted effort to cover up abuses committed in connection with the conflict, and enacted the Indemnity Act in order to protect government officials for accountability for wrongful acts committed in the conflict.”

In the local history, this period is collectively memorialised as Gaaf D’aaba – When Time Stopped i.e. when the normal rhythm of nomadic movement was stopped, and people and animals were detained in conditions similar to concentration camps. (The State of Emergency in NFD was only lifted in 1991, 23 years later.)

To demonstrate the premeditated nature of this crime, individuals involved in this operation were immune from prosecution by the passage of the Indemnity Act Cap. 44. This Act gave provincial administrators and security officers immunity from prosecution for anything they did in northern Kenya.

In the local history, this period is collectively memorialised as Gaaf D’aaba – When Time Stopped i.e. when the normal rhythm of nomadic movement was stopped, and people and animals were detained in conditions similar to concentration camps.

This was not the last time the people of northern Kenya had to contend with the state’s brutality anchored in curfew.  Indeed, the hegemonic legal and documentary practices that were used for the control of movement have been salient in much of northern Kenya’s experience under both the colonial and independent administration. The handing over of advisories from one colonial administrator to another had it that: “The great thing about the N.F.D. is that almost everything is illegal, unless it is specifically authorised in writing.”

It might as well have been a piece of advice the Kenyan post-independent state got from its colonial counterpart as the passbook introduced during the colonial period (abandoned in other parts at independence) continued to be a requirement in the NFD as late as the 1980s, more than two decades after independence.

More assault

For four days in February 1984, Wajir County, then a district, was turned into a war zone when members of the Kenya Army burst into homes, raping women, destroying property, and seizing the men. Men from the Degodia clan, and anyone caught up in the search, were ferried to the Wagalla airstrip. Once they arrived at the airstrip, they were undressed and forced to lie on the scorching ground. Those who resisted were shot on the spot. They were kept there without food or water, baking in the hot sun.

To emphasise the gravity of the crime, the TJRC stated that the detention, torture and killing of male members of the Degodia clan at the airstrip, and the rapes, killing of livestock and burning of homes in the villages “was a systematic attack against a civilian population and thus qualifies as a crime against humanity”. Like other previous operations, the Kenya Army also targeted the economic backbone of the community, namely, pastoralism. The Kenya Army killed livestock indiscriminately.

To date, there is no accurate official number of people killed during what is now known as the Wagalla Massacre. The government’s claim of only 57 deaths is preposterous considering that hardly any household was spared during that “operation” by the Kenya Army. In fact, the government frustrated the TJRC by denying them access to the official record of the operation. The TJRC, in its 2013 report, refuted the official figure by stating: “The official death toll for the Wagalla operation has been given as 57. While it is clear that the death toll was greater…the government has never officially revised the figure of 57.” The TJRC concluded that the scale of the massacre ranged from between 1,000 and 5,000 deaths, depending on the source.

To date, there is no accurate official number of people killed during what is now known as the Wagalla Massacre. The government’s claim of only 57 deaths is preposterous considering that hardly any household was spared during that “operation” by the Kenya Army.

The Kenyan state was so keen so suppress any information about the massacre that it declared Dr Annalena Tonelli, an Italian health activist who worked in Wajir, and who had documented the massacre, persona non grata. Were it not for the brave efforts of this woman who compiled a report and handed it over to an American diplomat, Barbara Lefkow, few would have known about the scale of the atrocities committed by the state at the Wagalla airstrip.

The “War on Terror”

When confronted with a policy challenge, especially in northern Kenya, the default setting of the Kenyan state is to use the security agencies with an express permission to cause maximum damage. This approach is ingrained in the national DNA. It is not a bug, but rather a feature of the Kenyan state.

Little wonder then, when Kenya invaded Somalia in 2011, there was a predictable blowback by Al Shabaab inside Kenya. Kenyan security agencies responded to this threat by resorting to the tried-and-tested rule book of imposing curfews and carrying out extrajudicial executions and disappearances of Al Shabaab suspects. This despite the Prevention of Terrorism Act and many other legislations that could have been used to counter terrorism.

On 2 April 2014, following a spate of attacks by Al Shabaab, including the dramatic attack on the Westgate mall in Nairobi in September 2013, Kenya launched Operation Usalama Watch. The logic of the operation was to smoke out homegrown Al Shabaab and their sympathisers living in the Nairobi neighbourhood of Eastleigh and its surrounding areas, which is dominated by ethnic Somalis.

During the operation, more than 4,000 people, a large proportion of whom were Somali refugees, were arrested and detained at the Kasarani Stadium with utter disregard for the rule of law. While indisputably facing security threats emanating from Somalia, especially from Al Shabaab, the rounding up all ethnic Somalis, including children, was flagrant racial profiling akin to collective punishment of the entire community for the crimes of a few.

There is a direct line linking the classifications of Somalis as Shiftas and now terrorists. Like previous massacres and egregious violations, predictably, no one was held accountable for this, despite the eerie similarity to what the British colonial administrators did to suspected Mau Mau fighters.

Historical memory 

Among other sentiments, curfews related to COVID-19 have elicited historical memories of state-sanctioned violence and curfews in the country. Curfews in Nairobi and Nanyuki following the 1982 attempted coup come to mind.

However, no place in the country has been more affected by state-sanctioned brutal curfews, lockdowns, and policing of bodies than northern Kenya. In fact, there are generations of northern Kenyans who have known nothing else. As an old man from Isiolo quipped in a narration to one of the authors, “Ya naaf nuu taat”. They (curfews and police brutality) have become (part of) our bodies – a statement that is emblematic of the palpable resignation that many northerners feel regarding restrictions of movement forced upon them by an all-too powerful and hostile state.

While closure, containment and curfews – and the attendant state violence – have been a central feature of life in northern Kenya for over a century, these egregious violations have not found closure, even after the release of the TJRC report and recommendations on ways to rectify historical injustices.

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Hassan Kochore, a student of African history, anthropology and politics, is currently pursuing a PhD at Max Planck Institute for Social Anthropology in Germany. Abdullahi Halakhe is a Horn of Africa analyst.

Politics

Africa’s Land, the Final Frontier of Global Capital

If the designs of global big money are not stopped in their tracks, Africa is threatened with environmental degradation and nutritional poverty.

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Africa’s Land, the Final Frontier of Global Capital
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Three great factors are coming together to constitute what may be a whole new, and final chapter in the book of horrors that have been visited on the African people since the birth of Western European capitalism.

If Native Africans do not begin to think very deeply about what this is going to mean for what is left of them, in terms of their livelihoods and ways of living, then the recent past will seem like a small piece of paradise.

Unlike our ancestors, who are often blamed — opportunistically — for the original conquest of Africa and the trade in enslaved Africans that came before it, this time round, there will be no excuses or debate. Africa now knows what colonial conquest is and what it does, in a way that our unfortunate ancestors could not.

The first factor is that capitalism is fast running out of things to destroy in order to make profits. The climate crisis is the best evidence of this. This has been a long-term trend, certainly since the 1960s. However, the most recent financial collapse of 2008 certainly intensified it. Of the grand things and sectors left for capitalism to ravage, there is the production of food for the masses of people crowded into the towns and cities of the West, with no space, time or fundamental skills to produce it for themselves from scratch.

The global corporate food industry is based on one key assumption: that the human race, as it continues to grow in number, will become less and less able to independently produce food for itself. These is because of embedded assumptions about the inevitability of intensive urbanization, as well as time and lifestyle choices, themselves often culturally encouraged, if not imposed, by the same industry.

Food, that indispensable need, is now recreated as a guaranteed industrial commodity.

And so, a lot of corporate interest and money has migrated into the corporate agriculture sector, globally. Global big money is now trying to colonise food production itself, on a global scale, in order to find new ways of keeping its money valuable. Writing in mod-2011, the late Dani Nabudere perceives a deeper conflict:

During the first three months of 2008-the year the global economic crisis intensified, international nominal prices of all major food commodities reached their highest levels for fifty years. The United Nations Food and Agricultural Organisation-FAO reported that food price indices had risen, on the average, by 8% in 2006 compared with the previous year.  In 2007, the food index rose by 24% compared with 2006 and in the first three months of 2008, it rose by 53% compared with 2007. This sudden surge in prices was led by increases in vegetable oils, which on the average increased by 97%, followed by grains with an increase of 87%, dairy products with 58% and rice with 46%.

This means that investing in food, or the assumption of the future existence of food as a commodity to be traded. In short, what is known as the Futures market. But the problem with futures is that at some point, the commodity will have to come into existence.

The second thing native Africans need to be aware of, and arising from the first, is that African land is going to be in demand in a way not seen even at the height of the period of European colonial domination.

Most of the world’s arable land is now found somewhere in Africa. It is unclear if by this is meant arable land under use, or also land that can be put to agricultural use (but may be located under a forest, or something, at present).

The March 2012 issue of Finance & Development Magazine sheds some light on that equation:

Throughout the world, it is estimated that 445 million hectares of land are uncultivated and available for farming, compared with about 1.5 billion hectares already under cultivation. About 201 million hectares are in sub-Saharan Africa, 123 million in Latin America, and 52 million in eastern Europe. . .

The third factor is that arable land is only arable if it has fresh water near it. And it is only viable for corporate exploitation if it also has no people on it. Africa is therefore the prime target: plenty of fresh water, and very few real land rights.

In my estimation, the area of Africa between the Western and Eastern Rift Valleys running along the length of the Nile valley below the Sahel has been identified as on the last open, near-virgin territories, ripe for intensive mechanized agricultural exploitation.

That area’s human settlements have historically originated around the pattern of freshwater bodies. A lot of Uganda was once a wetland. As a result, the country will find itself located at the very epicentre of any such an enterprise.

Dr Mike Burry, a now legendary American stock market operator is reported in the Farmfolio website to have said, “I believe that agricultural land – productive agricultural land with water on site – will be very valuable in the future . . . . I’ve put a good amount of money into that.”

The website goes on to report quite sarcastically,

Over the next three decades, the UN forecasts the global population to increase to about 10 billion. How do you imagine farmland investments will benefit from an over 30% increase in mouths to feed? Good luck feeding two billion people with Bitcoin or gold nuggets.

In this sense, colonialism was just the attempted start, with the former white settler farm economies of Kenya and southern Africa as the increasingly decrepit leftovers. The goal now is African land in general, wherever land can be turned over to large-scale (and therefore mechanised, “scientised” and corporatized) production of the commodities needed to make factory food.

The implications are clear: the goal of the huge capitalist formations that dominate public and foreign policy in the industrial countries, and whose agribusiness interests have a global reach, is to turn Africa into a huge farm, both as an opportunity, and as a response to an internal crisis.

In a May 2017 opinion piece published in the UK Guardian newspaper, then United Nations Environment Programme Head Erich Solheim made a similar point:

Several scenarios for cropland expansion – many focusing on Africa’s so-called “spare land” – have already effectively written off its elephants from having a future in the wild. These projections have earmarked a huge swathe of land spanning from Nigeria to South Sudan for farming, or parts of West Africa for conversion to palm oil plantations.

All this speaks directly to the immediate future of the African people. Put bluntly, in order to put industrial agriculture in place here, there will have to be genocide, massive environmental damage, widespread human displacement, and therefore repression and conflict as the tools of implementation.

African land is going to be in demand in a way not seen even at the height of the period of European colonial domination.

The Alliance for Food Sovereignty in Africa (AFSA), calls the bringing of the US agribusiness model to Africa “a grave mistake”. They describe the model as “the single largest cause of biodiversity loss worldwide,” that “also fails to solve hunger, negatively impacts small-scale farmers, and causes environmental harm.”

It is in this context that the debates in Uganda and Kenya, for example, about land use and policy, can then be appreciated.

In Uganda, President Yoweri Museveni has launched a political offensive (once again) against the Kingdom of Buganda, describing its neo-traditional land tenure system as “evil” and in desperate need of reform.

This should not come as a surprise to anyone. First of all, Mr Museveni has firmly established himself as the pre-eminent fixer for imperialist ambitions in the Great Lakes Region. Whatever the owners of Western capital want here is what he will always try to deliver, no matter the collateral damage. Secondly, whenever the Ugandan president hatches a plan targeting the wealth and resources of native Ugandans, he begins with an attack on Buganda. Not because there is anything more valuable there, but because it enables the ideological seduction of a useful section of Ugandan political society: Ugandan “patriotism” was built on the notion that native identities are a bad thing, and that the Ganda identity is the worst of all.

It worked in the process of marginalising native voices in the independence movement and replacing them with smooth-talking “pan-Africanists”.

It then worked again with the creation of the culture of dictatorship between 1966 and 1979. Voices raised in opposition were easily dismissed as “divisive”, or retrograde. The mission now, was to build the new non-ethnic nation.

More recently, it has been deployed again to justify global neo-liberal designs on African land, through dismissing native resistance to it as “backward” and “parochial”.

Once it has been politically established that the overriding of native objections to anything is an essential and desirable part of development, then the “principle” can be applied in practice, to all other parts of the country.

Through its loyal and devoted client, the National Resistance Movement regime, Western capitalism is targeting all Ugandan land, regardless of which natives own it and under what system.

The same principle works differently in Kenya, but towards the same end. Initial white settler-based agriculture was never successful. Part of the story of Kenyan independence is actually the story of the Empire at headquarters becoming increasingly unwilling to deploy the economic, political and military resources needed to maintain a colony largely for the benefit of a small group of unproductive, self-regarding “middle-class sluts”, as one of the British commanding officers is alleged to have described the settlers.

However, a legacy of that time is that unlike in Uganda, vast areas of Kenya’s potentially productive land are still in white and foreign ownership. And a lot of this is in areas historically within a pastoralist ecosystem.

A succession of Kenyan governments neglected to address this historical injustice. In fact, through corruption, key individuals in a number of those regimes actively took advantage of the situation and joined the white families in becoming big landholders themselves.

Put bluntly, in order to put industrial agriculture in place here, there will have to be genocide.

Today, the three-way contestation between native (often pastoralist) communities, dogged white and other land oligarchs, and a wavering, uncaring state, rumbles on.

Co-author of The Big Conservation Lie: The Untold Story of Wildlife Conservation in Kenya, longstanding Kenyan conservation biologist, and land rights activist, Mordecai Ogada, has long argued that the whole wildlife tourism-based “conservation” industry run off the vast settler-leased native landholdings is basically a landgrab. The question will be Is this just for tourism, or will it be open to other ventures, like industrial agriculture?

It could lead to something deeper. Arguments for “development” and “rangeland/wildlife conservation” will be mobilised as a cover to carry out large-scale land grabbing and the eviction of peasants and pastoralists from lands they have historically occupied. Not just for the parochial descendants of the original white settlers now turned “conservationists”, but the kind of mega-scale mechanised planting that has been so central (and destructive) to the American mid-west, the Amazon basin, and native Canada.

This was also partly how the war that eventually split Sudan played out in the now separated south, and still plays out in Darfur and the Nuba Mountains. A significant section of Arab-descended northern economic elites was centered on the production of wheat. According to the Sudanese intellectual Dr Fatimer Babiker Mahmoud, in the late 1980s, this sector was making millions of dollars annually from the large-scale planting, harvesting and export of the grain to Europe, Asia and the Arab world.

Sometimes this meant the clearing of the more fertile lands of the south, the Nuba mountain lowlands and the Darfur region – all largely inhabited by Black Africans –  for the mechanised growing of wheat. This is what gave the conflict its racial character, as Arab chauvinist arguments were used to justify this genocide.

But, as with the white settler projects, these should be seen as trial runs in the greater measurement of our economic history. There is a need to understand the sheer scale and scope of these operations.

What may be coming will be much grander in scale, out of both Western necessity and greed.

Of the top ten foods listed as traded the most within global trade by  the Just-Food Magazine website in 2014, (fish, soybean, wheat, palm oil, beef, soybean meal, corn, chicken meat, rice and coffee) there are five key items that drive the processed food industry: palm oil, wheat, soya and corn.  It seems sugar cannot be accurately measured because it features in just about anything processed.

In addition, meat production (chicken, beef and pork) is dependent on the others on the list. Cattle are fed on corn, and soya (and the soybean meal) comprises part of what is fed to chickens.

The scale of the operations means that huge sums of money are invested. In today’s world, this means money from banks and institutional investors (hedge funds, etc.) as shareholders in agribusiness corporations. Poultry factories can contain up to forty thousand chickens permanently locked in cages for laying, or just warehouses of several thousand square feet. In early 2020, some 20 million chickens were being slaughtered each week in the United Kingdom. Corn and other grain are usually planted on lots measuring thousands of hectares apiece.

When investing on this scale, certain guarantees must be put in place. These are not matters that are left to chance, or fortune. And the primary purpose of all capitalist economic activity, especially in the West, is to obtain the biggest private return possible on any investment. And also usually in the shortest possible turnaround time.

This is why “insurance” measures are locked in from the start. In particular, chemical-based fertilisers, pesticides and fungicides and also increasingly, the use of genetically modified seeds and livestock, as well as steroids and antibiotics to promote rapid growth and prevent sicknesses.

In fact, through corruption, key individuals in a number of those regimes actively took advantage of the situation and joined the white families in becoming big landholders themselves.

The goal is huge, regular volumes of uniform products to be processed and marketed to huge urbanized populations.

The whole commercialisation process begins in the West, where this industry is the most developed. The European conquest of the continents of north and South America, also mark the period when food production migrated from being a community-based activity, to an industry.

This led to the clearance of human settlement from large areas of land, as well as the destruction of forests and wetlands, all to make way for the animal ranches and very big plantations.

This way of life is now being increasingly imposed on all societies, as “the normal”.

The recent riots in the Republic of South Africa for example, are an illustration of the dangers of becoming prisoners of a privately owned, mechanised food supply system, and also an attempted repudiation of it.

The rest of Africa is quickly “catching up” to this advanced backwardness, with the increasing rate of unplanned migration to urban centers due to loss of opportunities in community-based agriculture.

In Uganda for example, this process was driven by the intentional Museveni-led neo-liberal disruptions to the adapted system of community-based agriculture that has been built up in the country over a period of nearly eight decades.

Agricultural production remains at the heart of this struggle. The Africans sought to ensure that they continued to produce their indigenous food crops so as to retain food sovereignty, while at the same time engaging in the new cash crop economy that was encroaching on their land and labour power.

Official African policy within each African state, as well as in the regional economic blocs and the various policy and finance bodies (such as the African Development Bank), remain uncritically in support (or at least not opposed) to this general strategic direction.

What may be coming will be much grander in scale, out of both Western necessity and greed.

“Africa must start by treating agriculture as a business,” wrote African Development Bank (AfDB) President Dr Akinwumi Adesina, in African Business magazine in 2017.  “It must learn fast from experiences elsewhere, for example in south east Asia, where agriculture has been the foundation for fast-paced economic growth, built on a strong food processing and agro-industrial manufacturing base.”

Our official planners suffer from a tragic tendency of conflating any activity involving money and machines, with “development”. The intention is to duplicate life as it is almost universally led in the Western-style countries. They think is will bring “industrialisation”, and through that, jobs.

There are four significant conflicts or budding conflicts on the continent right now, in which arable land for mechanisation will increasingly become a factor. These are in southern Ethiopia, Congo and the whole Sahel zone, anchored on Nigeria (and Sudan), and Kenya.

If these developments are not challenged and stopped, Africa can look forward to environmental degradation, and nutritional poverty.

We will all become Africans in South Africa, and poor people in the West.

Assuming the Western industrial system lasts much longer. And that the planet also does.

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Politics

How Capitalism Uses and Abuses the Arts

The arts business is a very flawed, archaic and extremely exploitative model but artists continue to rely on corporate sponsorship, without questioning the shrinking spaces and opportunities for the arts to thrive.

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In my last piece, I talked about how our education system destroys the arts by corrupting the meaning of education, work and the arts. And I said that these lies that are perpetuated in the name of education come from the unholy and abusive marriage between education and business. (I have said elsewhere that this marriage should be annulled immediately.)

In this piece, I’m going to talk about how capitalist business is the prime beneficiary of the terrible state of the arts in Kenya.

​Businesses swing artists between two extremes. On one hand, which I already explained in my previous letter, the business (parasite) sector encourages the education system to degrade the arts, so that art does not look like real work that takes skill and resources. By doing that, the business sector justifies artists not being paid for their work. If you have noticed that you are not getting paid, or your payment is delayed, it is because of that madharau for the arts. The accountants cooking books look at you and think to themselves “Why should I pay someone for shaking around or singing for people? Even I could have done that work if I wasn’t here balancing books.”

On the other hand, capitalism does pay artists huge amounts of money, like we see in Hollywood where people like Oprah and Jay Z have become billionaires through entertainment.

In the end, artists are treated like battered spouses. One minute, a spouse is being abused and beaten, and the next minute, when the battered person has had enough, the abuser apologizes, swears how much they love the battered person and promises not to beat the spouse again. And the cycle starts again.

Art and wealth

The first thing to understand about the arts business is that it is a very flawed, archaic and extremely exploitative model. I will talk mainly about music, but book publishing and other types of art business work using the same principle.

Basically, the art business uses the rentier model, like a landlord. A landlord builds a house once but earns money on that house as long as he owns the right to that house. The “work” of living there, or the business carried out there, is done by other people, but the landlord earns a cut of that work despite doing no work. Simply because he owns the property in which the work was done.

And that is the same thing record labels and studios do. They provide initial capital and make the artist sign a 360-degree contract that allows the label to earn from everything the artist is involved in for the rest of the artist’s life: performance, recording, brand merchandise and even artistic license. An artist who is signed to a record label is an enslaved person. In the US, artists who are lucky earn 10 to 15 per cent of the revenues they generate for the music industry. The rest are unlucky and earn much less, if anything.

Imagine that. For every artist billionaire we know, their record label earns nine times more.

As an artist, you’re probably thinking, “Well, it may be exploitative but at least it works. Why can’t those exploiters come and work in Kenya?”

Actually, they are working here, and we know it. They have names like MCSK and Liberty Afrika. And the way these companies exploit artists is the same way other companies exploit everybody else in employment. The wages we earn are nothing compared to the profits that entitled, lazy and ignorant fat cats make from our work, and yet — as we see with the doctors — companies are constantly coming up with new schemes to avoid paying us for the work we do.

An artist who is signed to a record label is an enslaved person.

And we should not compare ourselves to the Queen Beys and Justin Beibers of the West; rather, we should be aware that even in the Westmany artists are exploited.

I tell my arts students that they should spend time in the university studying and imagining a different model for earning income from the arts. For instance, 360-degree contracts should be considered slavery and outlawed. Saying that every future income of an artist is tied to the initial capital invested in their recording is just as ridiculous as a food supplier to a restaurant saying that they should earn 90 per cent of every plate or meal served by the restaurant. Once the food is delivered and paid for, the contract should end there. Artists should pay studios, publishers and marketers separately as bills, not on promise of royalties.

But because my students have been told that education is only for jobs, none has ever taken up my challenge to think about this.

Virgin territory

There is another form of abuse and exploitation of artists that is less talked about because it is less easy to quantify. That is idea theft.

Through platforms like hubs, and through demanding proposals for shows and other performances, institutions exploits the artist’s energy and innovation, then pull the rug from under the artist and run off with the idea. That is why artists will start small concert gigs and before long, corporates, instead of sponsoring those gigs, create their own versions because they can pour in the money to make it big.

And these initially sustainable and indigenous ideas soon turn into monsters. These corporates invade natural parks like Hells Gate to sell even bigger than they should. Not only do they subvert eco-systems, they also crush their conservation opponents with media blitz and economic blackmail. What started as a Kenyan artistic initiative is not only hijacked but also turned into a short term, exploitative and destructive tsunami that dies almost as soon as it is born.

I tell my arts students that they should spend time in the university studying and imagining a different model for earning income from the arts.

Other artists report having given studios or media houses an idea for a show, leaving with a promise that they will hear from the producers. Within a few weeks, they see a bad version of the show they proposed. Is it a wonder that television entertainment is so unimaginative and poorly executed?

But this is the nature of capitalism: like a paedophile, it lets nothing mature and thrive. It instead derives a perverted sense of pleasure from exploiting the vulnerable and destroying budding ideas before the ideas develop to maturity.

Impunity and abuse

This paedophilia is replicated across all institutions. As someone recently said on Twitter, we are often employed on the promise of our ideas, upon which we are promptly frustrated and prevented from developing them.

No institution has escaped change and democratic supervision like the workplace. Workers around the world are succumbing to the abuse of the workplace, whether they are employed or not. Stress levels are high, and sexual bullying, mental illness, addiction and suicide are on the rise. The workplace has become a crime scene, where people get away with abuse and psychological torture.

But what is slightly unique about the arts is that when artists suffer from the same vices, the business world convinces us that this inhumanity is part of the artists’ creativity. That is why the high rate of depression and suicide among artists is not treated as a pandemic. When artists suffer violence such as being shot in clubs and being drugged and raped, we the abused and terrorized Kenyan public thinks that their abuse comes with the artistic territory.

In fact, we even accept that the business community does not treat artists as workers like other employees. Artists are not paid a salary, pension and benefits. They don’t go on leave. They are on the road all the time, or constantly searching for new gigs and new contracts, and never taking a break. The constant toil takes a toll on their minds and bodies and they start to use substances to stabilize their lives instead of getting some rest. Then there is the parasite industry of the paparazzi who make sales from intruding on artists’ lives and selling the details to the world.

The workplace has become a crime scene, where people get away with abuse and psychological torture.

But instead of us criminalizing these vices committed against artists, we let the business world convince us that this inhumanity is part of the artists’ creativity. That is utter nonsense.

Worse, the impunity also makes every new generation join the arts thinking that creativity requires criminality, substance abuse and insanity.

And the business sector has an evil, devilish interest in making literal murder and depravity acceptable for artists. Because of the power of the arts to free people, capitalism cannot let the arts thrive on their own, for the arts will inspire the people to challenge the tyranny of business by looking for alternative business models.

But at the same time, capitalism needs the power of the arts to manipulate people to behave in the interests of business. It puts the arts on a leash, so that the arts go only where capital wants the arts to go — to sedating the masses into accepting exploitation or into buying things.

And the artists, unfortunately, are joined to corporations at the hip and naively celebrate their reliance on corporate sponsorship, without questioning the shrinking spaces and opportunities for the arts to thrive.

And we artists need to understand that this abusive relationship is made possible by the hostility of the church. Instead of the church being our refuge in times of trouble, the clergy side with the state when the state crushes us through bans and censorship that are implemented in the name of morality.

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Politics

Laikipia Land Crisis: A Ticking Time Bomb

Historic land injustices, changing land ownership and use, and heightened competition for natural resources — exacerbated by the effects of climate change — make for a perfect storm.

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“Here we have a territory (now that the Uganda Railway is built) admirably suited for a white man’s country, and I can say this with no thought of injustice to any native race, for the country in question is either utterly uninhabited for miles and miles or at most its inhabitants are wandering hunters who have no settled home . . . .” Sir Harry Johnstone

There have been significant changes in the pattern of land ownership in Laikipia in the last two decades. These changes are set against a background of profound inequalities in land ownership in a county where, according to data in the Ministry of Lands, 40.3 per cent of the land is controlled by 48 individuals or entities. The changes have not brought about an improvement in the lives of the pastoralists and other indigenous communities who occupied Laikipia before colonisation. These groups — and the Maasai in particular, following their 1904 and 1911 treaties with the British — were forced out and relegated to reserves in southern Kenya to make way for the establishment of large commercial ranches owned by White settlers. Those indigenous inhabitants who remained were pushed by subsequent colonial legislation to Mukogodo in the north of the county, the driest part of Laikipia.

The pastoralists did not recover their land with the end of colonial rule. On the contrary, Jomo Kenyatta, the first president of Kenya, encouraged White settlers to remain after independence and today, some of the descendants of those settlers who decided to make Kenya their permanent home still occupy vast swathes of land in Laikipia County. Those who were unwilling to remain in Kenya under majority rule sold their land to the Kenyatta administration. As Catherine Boone, Fibian Lukalo and Sandra Joireman observe in Promised Land: Settlement Schemes in Kenya, 1962 to 2016,

With the approach of independence, the settler state and the British government stepped in to protect the interests of Kenya’s white land-owners by creating a land market for white settlers who wanted to sell their agricultural holdings, and supporting land values for those who wanted to stay. The buyer of most of these properties was the Government of Kenya, using loans provided by the British Government and the World Bank. Through this process, the Kenyan state acquired about half of the land in the (ex-) Scheduled Areas.

In 1968, under the World Bank-funded Kenya Livestock Development Programme — whose stated objective was “to increase beef production for home consumption and export mainly by subsistence pastoral groups” — the government enacted the Land (Group Representative) Act (Cap. 287) that saw the creation of 13 group ranches in the northern part of Laikipia, which is the driest part of the county. However, well-connected local elites helped themselves to part of the land, excised as individual ranches. There are 36 such individual ranches that should have been part of the group ranches.

Those ranches that were sold to the Kenyan government by the departing British settlers are within the expansive Laikipia plateau. The government later sold them to land buying companies formed by Kikuyus that in turn subdivided them into individual holdings. Examples of such lands include Kamnarok, Kimugandura, Kirimukuyu, Mathenge, Ireri and Endana, among others. The remaining land was gazetted as government land such ADC Mutara and Kirimon, or outspans such as Ngarendare and Mukogodo, which were used for finishing livestock for sale to the Kenya Meat Commission.

Land tenure and use

In the Kenyan context, and compared to other counties, the history of land in Laikipia County is unique, with a diversity of tenure systems each representing a unique system of production. The map below shows the different land use and tenure systems in Laikipia County that include large-scale ranches, large-scale farms, group ranches and smallholder farms.

There are 48 large-scale ranches sitting on 40.3 per cent of the total land area in Laikipia County, 9,532.2km², some of which are still owned by the descendants of the colonial settlers. The ranches  occupy huge tracts of land, the three largest being Laikipia Nature Conservancy with 107,000 acres, Ol Pejeta with 88,923.79 acres, and Loisaba with 62,092.97 acres.

Source: Ministry of Lands

Most of these large-scale ranches — many of which have an integrated economic system that includes livestock, horticulture, wildlife conservation and tourism — were acquired during the colonial period and legislation governing their ownership was taken from the colonial law and integrated into the constitution of independent Kenya under the land transfer agreement between the colonial government and the Kenyatta regime. It should be noted that the Maasai land campaign of 2004 pushing the government to address historical injustices following the forced ouster of Maasai from their ancestral lands in Laikipia, brought to light the fact that some of these ranches had no legal documents of ownership. In an article titled In the Grip of the Vampire State: Maasai Land Struggles in Kenyan Politics published in the Journal of Eastern African Studies, Parselelo Kantai observes,

Ranchers interviewed could not remember how long their own land-leases were supposed to last, were unaware of the Anglo-Maasai Agreement, and, in at least one case, were unable to produce title deeds to their ranches. And when opinion was expressed, it bordered on the absurd: the ‘invaders’, observed Ms Odile de Weck, who had inherited her father’s 3,600-acre Loldoto Farm, were not genuine — not Maasai at all. They were, she noted emphatically, Kikuyus. The Maasai, she said, had willingly ceded rights to Laikipia, had been compensated long ago and now resided happily in some other part of Kenya, far away.

Immediately following the campaign, the Ministry of Lands started putting out advertisements in the print media inviting those landowners whose leases were expiring to contact it.

Twenty-three large-scale farms occupy 1.48 per cent of the land in Laikipia County. These farms are mostly owned by individuals from the former Central Province who bought the land following sub-division by the Kenyatta administration, or through land buying companies, which opted not to sub-divide the land but to use it as collateral to access bank loans.

Source: Ministry of Lands

Smallholdings sit on 27.21 per cent of the total land area in Laikipia County. These farms were initially large-scale farms bought by groups of individuals who later sub-divided them into smallholdings of between two and five acres. There are three categories of farmers in this group: those who bought land and settled to escape land pressure in their ancestral homes, those who bought the land for speculative purposes, and those who bought land and used it as collateral for bank loans. A majority of the first group still live on their farms, practising subsistence, rain-fed agriculture. Most members of the other two groups are absentee landowners whose idle land has over time been occupied by pastoralists in search of water and pasture for their animals, or by squatters seeking to escape the population pressure in the group ranches. In some cases, pastoralists have bought the idle land and have title.

The 13 group ranches cover 7.45 per cent of the total Laikipia land area and are occupied by pastoralists who use them for communal grazing. However, some of the group ranches such as Il Ngwesi, Kijabe, Lekurruki and Koija have also established wildlife conservancies and built tourist lodges.

Laikipia land use.

Source: CETRAD

Changing land ownership, changing landscapes

Since the late 1990s, when agitation for political reforms and a new constitution began in earnest, and in the intervening period, new patterns of land ownership and land use have been emerging in Laikipia County.

Data from the Laikipia County Government indicates that 16 of the 48 large-scale ranches have been internally sub-divided into units of between 3,000 and 4,000 acres, with the land rates due for each sub-division paid according to the size of the sub-division. The sub-divisions are made through private arrangements and do not appear in the records at the Ministry of Lands. There are claims that the sub-divided parcels have been ceded to European retirees looking to acquire land for holiday homes in Laikipia, and to White Zimbabweans. There are also claims that the large, palatial, private residences that have sprung up within the sub-divided parcels are in fact tourist destinations for a high-end clientele in a business that operates outside Kenya’s tourism regulatory framework and violates Kenya tax laws.

In the Kenyan context, and compared to other counties, the history of land in Laikipia County is unique, with a diversity of tenure systems each representing a unique system of production.

Whatever the case, the County Government of Laikipia confirms, “Most of the white settlers buying property are soldiers or tourists who loved the [county’s] climate, its people and natural beauty and want to experience it all over again. Big time investors [sic] in real estate flock the area, either to buy or construct multi-million shilling holiday homes, targeting wealthy European settlers and tourists.”

The Laikipia County Government also confirms that the large-scale ranches have also been leasing training grounds to the British Army Training Unit Kenya (BATUK), adding, “In 2009 BATUK expanded these grounds to 11 privately owned ranches, including Sosian, Ol Maisor and the Laikipia Nature Conservancy.”

Multinationals have also moved in, buying up the large-scale farms, particularly those situated near permanent sources of water, where they have set up horticultural businesses growing crops for export to the European market. The arrival of export horticulture in Laikipia has increased competition for resources as “agro-industrial horticulture, pastoralism and small holder agriculture compete for land, capital, and water, with access to water being particularly hotly contested.”

Absentee owners of smallholdings that have over time been occupied by squatters are also selling their land. With the help of brokers and officials from the Ministry of Lands, the smallholdings are consolidated and sold to individuals and companies who may not be aware that the land is occupied and that the sale could be a potential source of conflict.

Only the group ranches — which are occupied by pastoralists who use traditional grazing management techniques — have not changed hands and remain intact. They are, however, facing pressure from a growing population, intensive grazing and increasingly frequent droughts that are putting a strain on the natural resources.

On the other hand, most of the land gazetted as government land has been grabbed by senior government officials, politicians and military personnel. Of the 36 government outspans, only four remain. Outspans neighbouring large-scale ranches have been grabbed by the ranch managers and such grabbed land has since changed hands and been acquired by individuals.

Where farmers were settled in forests during the era of former President Daniel arap Moi, forest cover was plundered for timber and the forest floor given over to cultivation. When President Mwai Kibaki succeeded Moi, these farmers were constantly under threat of eviction but they continue to occupy the forests to date. There are, however, intact forest reserves where on-going human activity has not had a negative impact. They are used and managed by pastoralists as grazing lands, or managed by conservation groups, or by the government.

Impact of change of ownership on other livelihood groups 

Land deals are coming to compound an already existing multiplicity of problems related to the access, use and management of scarce resources in Laikipia County. Compared to neighbouring counties, in the past Laikipia received moderate rainfall and severe droughts like those experienced in 2009, in 2017 and now in 2021 were the exception. This attracted pastoralists from Baringo, Samburu and Isiolo counties to settle in the county in search of water and pasture for their livestock.

Over time, land pressure in central Kenya also forced subsistence farmers to move and settle in Laikipia, practicing rain-fed agriculture and keeping small herds of sheep, goats and cattle. This has led to competition for space and resources that has been compounded by frequent and increasingly severe droughts in recent years.

“The Maasai, she said, had willingly ceded rights to Laikipia, had been compensated long ago and now resided happily in some other part of Kenya, far away.”

The consolidation of smallholdings belonging to absentee owners where land that had previously been sub-divided into units of between two and five acres is now being merged to form bigger units of 500 acres and above, sold off and fenced is further reducing the land available to pastoralists and to squatters who have been using such idle land to graze livestock and grow crops, leaving them with limited options and leading to an increase in levels of vulnerability as they have to rely on relief food in order to survive.

The smallholder land consolidation process, which is being undertaken by former ranch managers who are brokering for individual buyers, is also blamed for the over-exploitation of natural resources in some areas and their conservation in others. In those areas occupied by farming communities, forest cover has been exploited either for charcoal burning, firewood or timber production as people look for alternative sources of livelihood. In the smallholdings where pastoralists have title, overgrazing of the rangelands due to constrained mobility does not allow the range to regenerate. This in turn has led to the degradation of the land and the emergence of unpalatable invasive species of plants like prosopis that render grazing areas unusable, further compounding the problem of access to pasture in the few areas left for pastoralists to graze.

In the group ranches, the most degraded rangelands are overrun with opuntia stricta, an invasive species of cactus whose fruit is harmful to livestock and has caused “economic losses in excess of US$500 in 48% of households in Laikipia”.

On the other hand, in the large-scale ranches, large farms, consolidated smallholder farms and group ranches where conservation and resource use fall under the intensive management of a few individuals, the availability of resources is assured even during times of stress. However, the availability of resources for one group of users and the lack of resources for another often leads to conflict as those without poach from those who have them. One example is when pastoralists graze illegally in the large-scale ranches whenever there is scarcity in their own areas, leading to arrests and sometimes confiscation of livestock from the pastoralists by government agencies in an attempt to protect the large-scale ranches.

Historical injustices and government failures

Article 60 of the Constitution of Kenya 2010 guarantees equitable access to land and security of land rights. Further, Article 68(c)(1) states, “Parliament shall enact legislation to prescribe minimum and maximum land holding acreages in respect of private land.” Parliament has failed to pass such legislation and, indeed, the government has shied away from addressing historical land injustices in Kenya in general and in Laikipia – where they are most visible – in particular. Policy makers rarely discuss justice in the context of land reform and what has taken place are land law reforms in lieu of the essential land reforms that would confront the material consequences of unequal access to land. As Ambreena Manji observes in her paper Whose Land is it Anyway?,

The consequences of a legalistic approach to land reform are starkly evident in Kenya’s new land laws. First and foremost, it foreclosed debates about redistribution, prioritising land law reform as the most effective way to address land problems and so evading more difficult questions about who controls access to land how a more just distribution might be achieved.

The recent violence that visited death and destruction on parts of Laikipia is a continuation and an escalation of a crisis that first came to a head in May 2000 when pastoralists drove their livestock into Loldaiga farm. Then the Moi government intervened and allowed the pastoralists into the Mt Kenya and Aberdare forests while big ranchers supported the government by allowing some animals onto their ranches.

In 2004, pastoralists again occupied commercial ranches while agitating for the non-renewal of land leases which they believed had expired. This time the Kibaki government used force to dislodge them. However, the question of land leases remains unresolved to date. Outbreaks of violence have become more frequent since 2009, caused by a combination of factors including the effects of climate change and increasingly frequent droughts that force pastoralists from neighbouring Baringo, Isiolo and Samburu into Laikipia in search of water and pasture. This inevitably leads to conflicts with ranchers onto whose land they drive their animals.

Population pressure, from both humans and livestock, is another cause of conflict in Laikipia. The carrying capacity of group ranches is stretched to the limit while it is plenty on neighbouring commercial ranches. Moreover, population migration to Laikipia from neighbouring counties is placing additional pressure on resources.

The sub-divisions are made through private arrangements and do not appear in the records at the Ministry of Lands.

The proliferation of small arms in the county has added to the insecurity; pastoralists from neighbouring counties invade and occupy commercial ranches, conservancies, smallholdings and forests armed with sophisticated weapons. Laikipia pastoralists have also acquired weapons both to defend themselves and their animals and to invade other land.

Politicians have since 2009 also been encouraging pastoralists from neighbouring counties to move to Laikipia on promises of protection in exchange for votes. There are also claims that politicians have been helping the pastoralists to acquire arms and that most of the livestock being grazed in private ranches and farms belongs to senior government officials and politicians who have exerted pressure on the government not to act on the pastoralists.

In the twilight of another Kenyatta government, relations between the commercial farmers and ranchers, the pastoralists and the smallholders remain poor and there is a lot of suspicion among them, with each group acting as an isolated entity. But for how long can the big commercial ranches and large-scale farms continue to thrive in the midst of poor farmers and dispossessed pastoralists?

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