Stop the Violent Evictions of the Samburu in Laikipia

Ben Ole Koissaba, Maa Civil Society Forum

Kenya has had a deplorable record of honouring the rights of its Indigenous citizens, both during colonization and after. On February-March 2009 the government’s treatment of its Indigenous populations has been especially egregious, with massive and systematically well-organized attacks on Samburu villages by combined police and military forces and the use of government machinery to size all Samburu animals at Lerata village, Samburu East and give it to politically correct tribes.

Now once again similar violation comes in despite the much-talked New Constitution. At Kabarak farm, also known as Eland-down, [is] the Samburu ancestral land for more than 90 years. The Government now comes in with new Monster called Laikipia National Park. The Samburu ancestral land of Kisargei farm the Samburu name for Eland-down/Kabarak Farm is taken to form this Monster at their expense now displaced by force, some were killed, their animals taken and homes destroyed.

Background:

Following six years of difficult negotiations due contest of indigenous Samburu people, African Wildflife Foundation facilitated the acquisition of the Kisargei land from Daniel Toroitich Arap Moi the former Kenyan president who secretly grabbed it from the community during his Kleptocratic regime for approximately US$4 million (393 million Ksh). TNC (The Nature Conservancy) provided half of the funding for the purchase, while AWF provided the other half.

Private ranches quietly supporting sizing and displacement of indigenous people dominate the area around the Kisargei area and local community finds themselves sandwiched between them. This community land sits among several of them, including the 70,000-acre, government-owned ADC Mutara Ranch, supported in part by AWF; the privately owned, 110,000-acre Ol Pejeta Ranch; and the 49,000-acre Segera Ranch.

The so called “Laikipia National Park” was established on 8 November 2011 despite the previous court injunction; It is to be the newest national park to be created in Kenya should the plight of local people get ignored. The 17,100-acre Samburu community land will be part of a larger conservation landscape Kenyan government as acquired from indigenous communities without their Free Prior and Informed Consent UNDRIP 2007 and Kenya. On 25 November 2011 at Kisargei area, police used their ten trucks and ten Land rovers to round up the Samburus’ cattle in the grazing fields [and] shot anybody on the sight.

Trucks arrived with more than 300 paramilitary police to the site; the cattle were herded by foot and trucks to Eland down Farm police post and impounded. Some of them were later slaughtered and feasted by police. Our source tells as that a Senior Government Official had ordered them to confiscate them. More than 3,000 cattle, 5000 Goats and Sheep were confiscated in the first day of attacks. Last night homes were deserted; women, elders, children and young people spend night in the bush under heavy rains fear of police night attacks. This morning of 26th of November 2011 police attacked Homes where they harassed, beat and intimidate the residents.

The one man was found, dead; Mzee Lelekina, 56 years old, with body riddled with bullets wounds at Segera farm more than 30 km away from his home where he was taken that very early morning at 6 AM, Monday, 24 November 2011. Two others Mzee Lekitacharan and Mzee Lenchordo were beaten to near death and impounded into police Land rovers to Nanyuki Police Station with no access to medical treatment. In the two days after the initial attacks, the assault has spread to other villages at the Pois Robo area fear and tension has gripped the area as many residents ran away from their homes in fear of cold blood killings, rape and harassment by police.

One home of the widow of late Mzee Lelekina was deserted as results of trauma and shock and fear of police cold killing as a way to conceal the evidence since she was the only key witness in the execution of her husband by the police.

Government officials claimed that the operation was in response to the raid that led to death of two policemen even though no-one knows who killed the policemen, a claim that would seem unlikely given the scale and organization of the response, as well as its timing. Our source indicate instead that the attacks had been planned months ahead of time and that the aim was to drive the Samburu off their ancestral land for political and economic reasons of some few powerful individuals and move was to end their way of life in the area.

NOTE: Uprooting the Samburu inhabitants in their ancestral land, destroying their homes with no idea where to settle them in Laikipia where only 42 individuals own 86% of land and other masses of Indigenous Samburu people left to squeeze in small spaces now being taken from them.

Original blog

2016 Petition:

The Samburu of Laikipia County in Kenya are facing eviction from their traditional grazing grounds.

Kenya’s Secretary for Internal Security and Coordination of National Government, Joseph Kasaine Ole Nkaissery, issued an ultimatum on 25 November 2016 for the eviction of Samburu from Laikipia cattle grazers on 28 November. His statements come amidst high tensions after recent clashes between Samburu and Turkana communities over grazing lands and upcoming Kenyan elections. The Samburu believe the evictions are related to purposeful disenfranchisement of the population to allow for the current political party to regain votes in 2017 elections. The district of Laikipia North is currently the only constituency with a Maa speaking Member of Parliament, the language spoken by the Maasai and Samburu of Kenya.

Military were deployed into the area on November 26, after a rally was organized in Laikipia with Samburu and Maasai traveling from across Kenya to show their solidarity with local communities. When they arrived, however, they met a huge police deployment and were told the community meeting was banned. The community members agreed to postpone their meeting to avoid violence from police.

Militarized police have now been deployed across the Laikipia district. Over the weekend Samburu communities locally and in diaspora organized rapidly to raise funds to rush a court order to stop the armed operations planning to evict thousands.

On 28 November, the community’s lawyer Dr. Khaminwa successfully argued for a court order to stop eviction operations until a court hearing on 20 December. Nkaissery will appear in court to defend the legality of the planned evictions.

The Samburu, a semi-nomadic pastoralist community, have frequently been attacked by state police forces and evicted from their homes and grazing lands, despite national and international laws guaranteeing their right to their lands and livelihoods. In 2010. Cultural Survival produced an investigative report entitled, “When the Police are the Perpetrators” which revealed the extent of police brutality against the Samburu. The Maa speaking community in diaspora have issued a statement condemning the proposed evictions, directed to Kenyan President Uhuru Kenyatta.

Based on Cultural Survival’s investigative report conducted in 2009 and 2010 regarding police violence against Samburu people in Samburu East and Isiolo Districts, Cultural Survival, with the support of the Maa Speaking Community in Diaspora, issues the following recommendations to Kenyan authorities:

Disarmament for the reduction of inter-ethnic violence is ineffective without the guidance of the pastoralist communities traditional elders, government appointed chiefs, district peace committees, and human rights organizations all working together.

Ensure police forces receive proper training and supervision. When this is lacking, police have historically committed extra-judicial killings, rapes, beatings, theft, arson, and intimidation.

A community-based process for resolving disputes should be implemented.

Investigate and arrest individuals suspected of cattle theft and cease to conduct punitive assaults on entire communities or individuals at random.

Recognize the rights of citizens to monitor human rights violations in their communities, guarantee their safety, and take immediate action to address any reports of human rights violations.

Under no circumstances should Indigenous communities, including the Samburu, who self-identify as such, be removed from their homes and traditional grazing grounds without their free, prior, informed consent, as established in the UN Declaration on the Rights of Indigenous Peoples.

Contact the office of President of Kenya and share these concerns:

Tel: +254 20 3247000 Email: dp@deputypresident.go.ke, info@statehousekenya.co.ke Twitter: @ukenyatta Facebook: Uhuru Kenyatta

Related reporting:

Samburu Communities in Laikipia, Kenya, Face Threat of Eviction

Court dismisses Samburu land case against Moi

Court dismisses Samburu land case against Moi

Samburu people appeal ruling in Moi land case

KTN News report video

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