Bungoma rapid analysis Report

Final Draft Report-Revised

Saferworld

© 2013

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Copyright © Saferworld

First Edition, 2013

All rights reserved. All or part of this report publication may be reproduced freely, provided

Saferworld is duly acknowledged.

Report prepared by: Daniel Kiptugen and Edwin .O. Adoga

Report Edited by:

Disclaimer:

ISBN:

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Foreword

Saferworld, with support from DFID, is implementing a 20 months‟ electoral security programme

in Kenya, including a six month cost extension. The ultimate goal of the programme is to ensure

that the 2013 elections were perceived as fair and largely free of political violence. The project

aims to develop an overall coordination mechanism among key peace, security and election

management actors at national level; develop coordination mechanisms for preventing election-

related violence, responding to early-warning alerts, triggers and rising social tensions in identified

“hotspots”; and enabling peace Actors in six target areas to carry out community oriented conflict

prevention and peacebuilding projects with the intention to reduce social tensions and respond to

the threat or outbreak of election-related violence.

Saferworld also has a policing and small arms project in Bungoma and the recent Killings in

Bungoma, Busia and Trans-Nzoia was a wake-up call for the National Police Service and the

National Security Council in general to reassess its mandate. Despite the on-going structural and

institutional reforms to professionalize the Police service, the goodwill and confidence in the

service has waned. The situation has been compounded by turf wars in the National Police Service

Commission and the Inspector General of Police office. It is upon this realization, that Saferworld

commissioned a rapid conflict and security analysis to understand issues, drivers, and actors as well

as make recommendations using the peoples to peoples approach.

The urgency of the analysis has been necessitated by unauthenticated reports from National Youth

Sector Alliance (NYSA) which cites Bungoma as One County where groups of jobless youths offer

services to politicians prior to, during and immediately after the election period. Now that there are

petitions in 7 out of 9 constituencies; the political inter party rivalries and divides makes Bungoma

County one major hot spot in Kenya. It is alleged that incumbents and losers are using

harassments, intimidations to target political supporters to sway security and Justice Issues.

This report therefore captures key conflict and security issues that will inform and contribute

significantly in conflict prevention and reduction in a manner that inform the peace and security

architecture of Bungoma County. Key actors, gaps and opportunities have been identified to

improve the effectiveness of interventions in contributing to conflict prevention and reduction can

be explored.

The analysis also helps in the understanding of the recent acts of killings, structural antecedents of

violent conflict and what converts latent conflict into open conflict or intensify the existing conflict.

It will also propose and recommend actions that will help stem loss of human lives.

The rapid conflict and security analysis in Bungoma has looked into the conflict structures in terms

of analyzing the genesis of the recent acts of violence, factors underlying the conflict, analysis of the

conflict actors by carefully analyzing their interests, relations, capacities, peace agendas and

incentives. Conflict dynamics in relation to: - long term trends of the conflict, triggers for increased

and decreased violence, capacities for managing the conflict and the likely future conflict scenarios

were also analyzed.

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In looking at the structures, vulnerability outbreak or intensification of conflict has been

profoundly considered. Contextual analysis that includes the history of recent violent conflict to

date and sources of tensions has been mapped out the, linkages and connections between sources

of tensions and the violent conflict have been identified.

The rapid analysis has also pinpointed critical actors who are affected by conflict. Violent conflict

among the people of Bungoma County is a new phenomenon since communities have lived in

harmony in the past. Of course, wherever there are people, there are always conflicts. However,

the existing conflict among these people has confounded many! The recent concluded national

elections and the devolved system of governance calls for urgent review of the peace and security

architecture. The level of atrocities in Bungoma County has since taken on a new dimension.

Incidentally, the levels of destruction that accompany these conflicts have taken a disproportionate

dimension of exponential nature.

The need to look for a lasting solution to this near endemic problem is imperative now more than

ever before. The urgency called for in these efforts needs not to be overemphasized as each day

that passes draws the communities closer to yet another possible clash whose costs are

immeasurable.

Kenya Programme Saferworld

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Acknowledgement

The consultants are greatly indebted to a number of people who made the study a reality. Special

thanks go to Saferworld Kenya team that guided the research team and provided helpful

comments on the draft reports.

We are particularly grateful to Mr. Christopher Wakube, Ms. Bonita Ayuko, and James Ndungu

for their contributions in the conception and execution of the Study. Our sincere and special

thanks also go to Bungoma Catholic Justice and Peace Commission and all the interviewees who

actively participated in key informant interviews, focus group discussions and in reflection

workshops over the recent acts of violence in the aftermath of the just concluded 2013 elections.

This was enough demonstration of commitment to the study. It is our hope that they will show the

same level of enthusiasm and be available to implement and monitor the recommendations from

this study.

We wish to give special mention to Mr. Albinus Muga and his team, Mr. Emmanuel Were for

going extra mile to ensure that the relevant people and logistical arrangements were effectively. We

would also like to acknowledge the support provided by our research assistant Mr. Suleiman

Sultan

Last but not least, we wish to thank all those who in one way or the other participated in the study.

It is our hope that the study will inform the development of practical people to people approaches

in peacebuilding, conflict prevention and security strategies that will mitigate in loss of lives for the

Bungoma people.

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Acronyms

ACT

CJPC

CRA

CRECO

CSO

CSR

DFID

EWER

FBO

FGD

FPFK

GSU

KBC

KYSA

MATESO

NGO

NPS

NSC

NYSA

PEV

SLDF

TEPEHURDI

TJRC

Act, Change and Transform Kenya

Catholic justice and peace Commission

Commission on Revenue Allocation

Constitution and Reform Education Consortium

Civil Society Organization(s)

Corporate Social Responsibility

Department For International Development

Early Warning Early Response

Faith Based Organization

Focus Group Discussion

Free Pentecostal Fellowship in Kenya

General Service Unit

Kenya Broadcasting Corporation

Kenya Youth Sector Alliance

Mwatikho torture survivors organization

Non Governmental Organization

National police Service

National Steering Committee on Peacebuilding and Conflict Management

National Youth Sector Alliance

Post Election Violence

Sabaot Land Defense Forces

Teso Peace, Human Rights and Development Initiative

Truth, Justice and Reconciliation Commission

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Table of Contents Foreword ............................................................................................................................................... 3

Acknowledgement ................................................................................................................................. 5

Acronyms ............................................................................................................................................... 6

Why Rapid conflict and security analysis in the county of Bungoma? .............................................. 8

Methodologies .................................................................................................................................... 10

Bungoma County Profile .................................................................................................................... 10

Conflict analysis; key conflict and security issues ............................................................................... 11

Key Actors in conflict and security ..................................................................................................... 20

Existing Initiatives addressing conflict and security in Bungoma County ......................................... 26

Conclusion ........................................................................................................................................... 28

Recommendations .............................................................................................................................. 29

Annexes ............................................................................................................................................... 32

Annex 1: Pictorials .......................................................................................................................... 32

Annex 2: FGD Questionnaire ........................................................................................................ 33

Annex 3: Conflict and security reports-Reference ......................................................................... 35

Annex 4: Participants List ............................................................................................................... 36

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Introduction: Why Rapid conflict and security analysis in

the county of Bungoma?

1. On April of this year (2013), a wave of killings rocked Bungoma and Busia counties where

it is estimated that 15 people were killed in horrific fashions and at least 150 more injured

by indescribable-like-criminal gangs. Bungoma County recorded a death toll of at least 8

people with Kibabii, Kikwechi and Mukwa villages being heavily affected. Similar

temperament of insecurity was experienced in Bungoma back in the early 1990s during the

reigns of the dreaded Musumbiji, Amachuma and Moja Kwisha gangs. However, the

county prior to the recent incidence was relatively peaceful with minimal record of violent

community conflicts except for Mt. Elgon Sub County where the Sabaot land defense

forces (SLDF)-a ragtag militia outfit- had until 2008 terrorized in large scales, the locals

living within and around proximate areas based on their land claims, criminal operation.

2. Chronology of events regarding the recent killlings-The first series of attacks was carried

out in Makutano-Kibabii village on 11th of April 2013. Seven homesteads were assaulted,

leaving two people dead and more than twelve injured1

. In Mukwa and Kikwechi villages

the attacks were done at around 9 pm on the night of 25th

of April 2013. Their manner of

operation was well coordinated and entailed pulling people out by shouting out “thieves”

repeatedly in the local language, prompting people to rush out of their houses to help. The

attackers who were around 20 people, mostly youth immediately descended on the locals

using pangas and rungus as weapons. In April 26th

2013, another group of eight people

attacked the village of Ndegelwa where at least three people were injured. This group of

eight is said to be well known to the villagers by name and even where they live. Two of the

group suspects were later on killed by the residents through mob justice, and later on one

was arrested by the police while others managed to escape. Below is a table providing the

dates, location and the least number of people who were killed and those that were injured.

Date Location Persons affected so far

11-04-2013

25-04-2013

26-04-2013

05-05-2013

08-05-2013

22-05-2013

Makutano-Kibabii

Mukwa, Kikwechi

Ndengelwa

Maina,

Mashambani

Marrell

2 deaths, 12 injured

76 injured

8 injured

6 injured

2 deaths, 3 injured

6 injured

3. On Sunday 5th of May 2013, more attacks occurred in Maina village. At least six victims

were injured in the process and later on treated at Bungoma District Hospital. On

1 Case of John Simiyu-The home of John Simiyu and his wife was attacked 11

th

April around 3 am. Three attackers

came and knocked down the two doors and headed directly to the bedroom, asking for the mwalimu (John Simiyu).

They killed mwalimu and seriously injured his wife Catherine. She managed to escape and was treated in Elgon View

Hospital in Bungoma. The daughter and Grand daugther, who witnessed the incident, are seriously traumatized after

the attacks. (case example courtesy of Mateso- Mwatikho torture survivors Organization).

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Wednesday 8th of May, a family in Mashambani village was attacked, the husband killed,

and the wife and their daughter injured. Immediately after the Mashambani terror, more

intermittent attacks were reported in Marrell on 22nd

of May 2013. According to the

available reports on Marrell, the attackers came at around midnight, but luckily the police

intervened in time forcing the gang to flee although later on, coming back at around 3am in

the morning where they carried out several serious attacks. Approximately six to fifteen

people were reported injured. More cases of killings and attacks have later on been

reported across the County. The local People in these areas continue to receive threats

through phone calls and leaflets. Note: More deaths were recorded totaling to at least

eight people and more injuries captured outside the villages mentioned in the analysis.

4. Response from Authorities-On Sunday 28th of April 2013, the Governor Ken Lusaka held

a security meeting with Senator Moses Wetangula and other leaders including the security

machineries. Measures proposed in the meeting in their attempt to contain the killings

included, immediate transfers within the police service and more patrols with the national

government being asked to provide the police with vehicles and equipment, so that they

can respond to the incidents.

5. Following the backwash of the Bungoma wave of killings as evinced above, debates,

accusations, suspicions and allegations were brought forth by different political leaders,

religious leaders, human right activists, members of the local communities, the police

service, civil society organizations and the media with a view of trying to demystify the

people behind the killings and the reason for the killings. Despite all these intrigues, the

source of the conflict haven‟t yet been identified, neither is there comprehensive sets of

safety nets coherent enough to guarantee security normalcy in the troubled county. On the

contrary rather, there are fears of local communities organizing themselves into vigilante

groups/gangs to protect themselves against the criminal gangs amid loss of confidence in

the law enforcement agencies.2

6. It is against the above background that Saferworld Kenya Programme decided to conduct a

rapid conflict and security analysis in Bungoma County. The goal of the rapid conflict and

security analysis of Bungoma County is based on the following specific objectives;-

a. To identify the conflict and security issues, actors and dynamics in Bungoma

County;

b. To map out the available local capacities for peace including CSOs, religious

structures, traditional mechanisms etc;

c. To identify key actors that the organization needs to engage in intervening in the

conflict in Bungoma County;

d. To make recommendations on people to people approaches that can be employed

to mitigate and address the existing conflict in the County.

2Vigilantes lynch eight suspects over Bungoma killings, by Daniel Psirmoi (17thMay 2013) www.standardmedia.co.ke

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Methodologies

7. To be able to provide a holistic and interactive report, this Rapid Analysis engaged the

following methods: a) focus group discussions (FGD) - where peace committee members

drawn from all the former Districts within the county as well as local civil society

organizations that are vibrant on community security and policing initiatives were engaged.

The focus group discussions additionally entailed thematic group work and presentation

sessions apart from tailored conversations with regards to appraising the status of security,

the processes, structures and approaches so far being pursued (See the FGD guide

attached as an annex). b) Key Informant Interviews (KII)-this method was used to target;

specific members of the local communities where the killings occurred, chairpersons of

peace committees and opinion leaders with a view of getting deeper insights into the

conflict and insecurity trends within the county. c) Reflection workshops, and document

and multimedia analysis-these two method enjoined together, entailed interrogating

different conflict and security documents, videos and audios online with an attempt to seek

answers and discussions regarding the contextual nature and cause of the recent killings and

increasing insecurity.

Bungoma County Profile

8. Bungoma County is located in the western Kenya and is consists of 9 sub

Counties/constituencies namely: Bumula, Kanduyi, Webuye West, Webuye East,

Tongaren, Sirisia, Kimilili, Mt Elgon and Kabuchai. Road transport is the major means of

transport while the use of motorbikes and Bodaboda bicycles are widely popular. The

county has a total Population of 1,630,934 and covers an area of 3,953 sq.km3

. About

53% of the population lives below the poverty line4

.The county is endowed with natural

resources (Mt. Elgon, hills, forests, rivers Nzoia and Malakisi, hot springs) and historical

sites (Chetambe Fort Ruins). Additionally, the county has Mt. Elgon National Park, Mt.

Elgon Forest Reserve and the Chepkitale Forests, Nabuyole and Malakisi Falls, Sang'alo,

Musikoma and Kabuchai Hills, caves at Kitum, Machingeny, Ngwarishwa, Chepnyali and

Kiptoro as tourist attraction sites. The local economy is driven by Webuye Pan Paper Mills

and Nzoia Sugar Factory. Other drivers of the economy include: commercial businesses,

cooperative societies, sugarcane farming and livestock farming5

3Kenya: County Fact Sheets – Commission on Revenue Allocation, 2012. 4 Ibid. 5 This section has been collected from Kenya Mpya, see: (www.kenyampya.com/index.php?county=Bungoma).

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Figure1: Map of Bungoma County, courtesy of Kenya Mpya (www.kenyampya.com)

Conflict Analysis; Key conflict and security issues

9. Possible causes of the recent insecurity-There are different explanations in the public

domain as to the causes of the violence although all of them being claim(s) up to this

moment. These causes are documented primarily as political and criminal in nature.

a) Political rivalry

10. Political rivalry is alleged by the residents to be the most likely factor in the recent killings.

This is due to the fact that the killers as claimed by victims fortunate to have survived the

ordeal and their families, were compelled to indicate which politicians they had voted for

during the 4th

March general elections just before terror reigned. Prominent local politicians

have so far been mentioned for allegedly funding the youth grouping in a bid to service

their political interests. These youth grouping have turned out to become political gangs

used purposely by local politicians to offer campaign protection services. There is a loud

narrative in the same vein which intimates that the recent killings remain a tactical political

move ahead of the upcoming ward and constituency election petition hearings by

politicians from both sides of the isle to influence political winning and promote

“necessary” intimidation and fear through the creation of inter-clan animosities.

Subsequently, many of these attacks are claimed to be revenge attacks propagated by poll

losers and firmly executed by the youth groupings with intent on forcibly relocating

minority populations.

b) Criminal activity of organized gangs

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11. The second cause of the recent insecurity is linked to criminal activities of organized gangs

within the county. Organized criminal gangs which consist majorly of the youth are said to

be mushrooming at a very fast rate due to a number of reasons some of which include:

unemployment, perceived weak justice system, highly corruptible law enforcement systems,

poverty, ignorance and widened socio-economic class inequality. The criminal gangs6

full-

grown in number and organization, have gone ahead to use machetes, axes and clubs on

their victims, well identified in advance. The issue of Ritual practicalness by the organized

criminal gangs is highly perceived as one of the reasons why the killings occurred

sporadically and at transitory phases. The shared assumption is that the killings might have

in some way constituted their ritualistic activities (initiation in this case). This explanation is

further justified by the manner in which the killings were conducted and the refusal or

reluctance by the gang members to take money or material wealth from their victims yet

hacking their victims ruthlessly to death. To consolidate this point is an example of two

young people alleged to be members of the organized criminal gangs who were nabbed by

villagers and severe beaten to reveal the leaders of their gangs. Despite the beatings, they

remained defiant since they were under oath to protect their secrecy7

. In Kikwechi Village

for instance, Mateso Organization revealed in their insecurity cases report (2013) that

sheep and hens were slaughtered and oaths were allegedly taken just before the killings

began.

12. All in all, both two explanations were cited severally as probable causes of the killing. With

regards to the killings being ritualistic, then this is a new-fangled criminal gangs‟

phenomenon and an elemental challenge to the high insecurity in the county. In both

scenarios, the police service and the law courts are generally criticized as weak in enforcing

and safeguarding the rule of law, a factor that catalyses possibility for more lawlessness and

tension in the near future. It is sad that some of the alleged perpetrators are said to be

roaming freely with no efforts certainly from the police service to arrest them even thou‟

adequately informed. In the unlikely event of an arrest, the perpetrators have been released

soon thereafter for what the police claim as “lack of enough evidence” or on bond by the

courts. A good example is provided in the case of 36 years old Winrose Nasimiyu. Her

hand was chopped off by one of the youths belonging to the criminal gangs and who she

apparently recognized as Nyongesa. Nyongesa was however apprehended but later on

released on bond and thereafter went around the same village exchanging bitter words and

proclaiming how free he was indeed8

. Unfortunately, he was later on stoned by the villagers

to death in a mob justice, sparkling inter-clan feuds. With regards to the increasing

organized gangs in the county, it is alleged that they have established command and

communication structure that strategize their objectives to kill, and terrorize villagers. They

are able to repeatedly cause harm and kill their victims even as more and more police are

deployed to patrol the entire County9

.

6 The gangs profit from instability due to existence of few incentives for peace. See: United Nation Office on Drug

and Crimes-http://www.unodc.org/unodc/en/frontpage/preventing-organized-crime-from-spoiling-peace.html

7 This part of information was captured both in the Key informant Interviews (from a village elder in Kikwetu) and in

the subsequent focus group Discussions. The Star Newspaper also captured the same sentiments in her article;

combating-insecurity-bungoma-county: www.the-star.co.ke/news/article-119285.

8 Insecurity cases report in Bungoma County, 2013, by Mwatikho Torture survivors organization (Mateso).

9 This insight was captured repeatedly during the focus group discussions.

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13. Devolution and Conflict- The essence of Devolution is that the residents of Bungoma

County are allowed to contribute in making decisions that are unique to themselves. This is

as contemplated in Article 174 of the constitution of Kenya. The county has numerous

security and development challenges which devolution may provide solutions to or

otherwise precipitate violent conflicts depending with how planning and execution of

county services is undertaken. As devolution intends to bring resources closer to the

people, the ability of the county to make its own development decision in line with the

constitution of Kenya attracts more vested political interests which if left unchecked, may

dent the socio-economic development and cohesion fabric of the local people. Although

the devolution framework hasn‟t yet triggered actual violent conflicts, the recent budget

making exercise in the county and ongoing resource based conflicts especially land disputes

in Mt. Elgon are seen as potential sources of community conflict recurrence. Residents of

Bungoma County have complained of not being involved in the past budget making

process. Their inclusion in the process through the citizen forum was generally to hear and

stamp the budget proposals already constituted by the county government. Some of the

appropriations that are deemed not necessary in addressing the county problems were still

adopted and approved by the county assembly10

. The inclusion of the residents in processes

of decision making is poorly executed and hence results to loss of public confidence in the

object of devolution within the county. In the event of aggravated service delivery that

dampens hope for development, it is assumed that there will be increase in insecurity as the

youth will be highly exposed to political manipulation as well as to the incentives of

organized criminal gangs.

14. Pre-occupation of the people affected by the conflict- Bungoma is largely an agricultural

town with majority of her residents practicing subsistence farming while minority practicing

small and medium scale sugar farming. In Kikwechi, Maina, Marrell, Mashambani, Kibabii

and Mukwa villages where the recent wave of killings were reported, majority of the

residents are small scale farmers who depend on their farm produce for a living. Their

living standards are relatively low and the land layout is majorly covered with huts and mud

houses symbolizing the high levels of poverty. This specific factor mixed with other

interrelational factors usually exposes them to a wide range of vulnerabilities. Majority of

the youth within the town are involved in motorbike (bodaboda) business where others are

casual laborers. Few in particular “very few” with regards to the native ones are in stable

employment (employed either by banking institutions, cooperative societies, teaching,

government and Bungoma municipality). In the rural settings including Kikwechi, Kibabii

and Mukwa, the youth are largely unemployed or “pettily” self-employed in the bodaboda

(both bicycle and motorbike) business. Women and men are largely small/subsistence

farmers.

10 The revelation from the FGDs shows that the citizen forums where the people were supposed to discuss the budget

and amendments were turned to endorse the already existing budget items and measures proposed

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Figure 2: the type of houses that were attacked by the gangs in Mukwaa and Makutano villages. Photos

courtesy of (Mateso) Mwatikho torture survivor organization.

15. Effect of insecurity and conflict on men, women and children-trauma is one of the resulting

effects of the wave of insecurity especially to the surviving victims. Families of the ones who

were killed in the brutal fashion are severely traumatized while some families aside from

being impoverished have also lost breadwinners. There are unconfirmed reports that

women and girls were raped during the attacks. The actual number has not yet been

revealed due to an array of factors such as: harsh socio-cultural stereotypical conditions that

continue to intimidate and infringe on the rights of these women and girls to come forward

with information, and existing fear of stigmatization by the victims of rape. The Luhya

community and other ethnic communities coexisting within the county have for long

upheld traditional mannerisms of naming babies born out of the ordinary circumstances

(including rape, war, conflict or from hostile sub-ethnic groups). These mannerisms as

embraced have been affecting and will continue to affect those girls and women who give

birth to children under these circumstances by isolating and reprimanding them. As a result

of the recent attacks and killings, diseases and teenage pregnancy cases are expected to rise

with time, where as children of primary school going age in the affected areas and other

hotspots will highly fail to regularly attend schooling for fear of further attacks or simply

from fear of the unknown.

16. Another key effect which doubles up as an indicator of insecurity is the rise of incidences

of mob justice. Mob justice is commonly referred to as mob injustice in the county and has

seen the lynching and killing of young people whom some have later on been confirmed as

innocent and naïve. More than 12 people have so far been killed through mob justice in

the year 2013 alone, while house of some of the suspected perpetrators have been burnt

down11

. Perpetrators have been released after one or two days, with police claiming that

there was no gainful evidence. Because of this and the raising insecurity, people have taken

law in their own hands.

11 This information was availed by members of the district peace committees during the focus group Discussion

meetings.

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17. Identified Hotspots-The following were identified as hotspots where insecurity is deemed

rampant and violence highly visible:

Constituency Hotspot Indicators –drivers of violence

Bumula Mayanja-Kibuke Small arms, illicit drugs, high frequency of gender

based violence (GBV), Boundary disputes, negative

clanism and child trafficking

Nasianda Sugarcane belt/land disputes, illicit drugs, organized

gangs

Watonya Sugarcane belt/land disputes, illicit drugs, organized

gangs

Sibembe Organized crimes/gangs, GBV

Bungoma South Kibabii Illicit drugs, organized crimes (child trafficking),

organized gangs, small arms (from Mt. Elgon and

Kenya-Uganda border).

Bukembe Sugarcane/land conflict, illicit drugs

Township-Muskoma Organized gangs, illicit drugs, small arms

Bungoma West Luandanyi & Mt.

Elgon

Land and boundary disputes, water resource dispute,

tribal animosity (sabaot, Teso and Bukusus),

smallarms

Machakha “Hague” Mob in/justice/lynching, organized gangs

Mt Elgon Chebuyuk Small arms, land conflict

- - -

Gaps, lessons learnt and new sights

a) Causes of security and conflict intervention failures (Gaps and lesson learned)

18. Funding influences the lifespan of interventions and additionally, the ingenuity of

interventions to be pursued. Almost if not all security intervention depends on funding and

therefore any inconsistencies in the same, usually impact negatively on an intervention

notwithstanding its achievements. It is apparent that funding has been a major challenge to

civil society organizations, Networks and even the police service in Bungoma County. This

equally means that healthy processes of problem solving end up not being fulfilled due to

either lack of funding or funding overlaps.

19. Ethno-politics or/and clan based politics is another factor that influences the level of

success and failure of conflict and security interventions. Politicians who have been accused

for sponsoring criminal gangs and other acts of insecurities have remained subtly defensive

and insincere about their roles with the situation compounded by existing weak early

warning coordination mechanisms. Generally, there is the current habit where politicians

take advantage of desperate youth using them during the electoral period as political gangs

for protection and campaign. As a result of these actions, there remains a thin line on

criminal gangs, vigilante groups, political gangs, electoral and ethnic instigated violence,

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sheer criminality and politics. Additionally, willingness and sincere cooperation by

politicians especially those in public offices in community reconciliation and cohesion

processes are relatively low in the county. This is worse in situation where these politicians

are perceived key suspects.

20. The current poverty level is yet another factor which heavily deters peace and security

interventions. With Bungoma County having more than 50 percent of her population living

below the poverty line, any effort of bringing law and order will most likely be rejected if

poorly designed. The inclusion of the local communities and peace incentives in the

designing of peace and security interventions is critical if sustainability, goodwill and

practical solutions are to be realized. Most importantly, peace and security interventions

that intends or attempts to bring along with it economic empowerment components or

attempts to in a realistic manner enjoin existing economic empowerment projects through

partnerships will high likely bear dividends.

21. Poor coordination of past and current interventions by both State and Non state actors is

another factor which ails the county. A lot of conflict and security interventions are

overlapping whereas local organizations struggle to compete with each for mere funding

without clear objectives. These local organizations pay little attention to partnerships and

network as possible coordination strategies since the advantage of these strategies have not

been sold to them. In the same vein, the mushrooming of joint working groups and

Networks is mooted as crucial “baby steps” towards addressing shared problems while

consequently presenting an opportunity to strengthen the principles of networking, thou‟

the same within the context of Bungoma county is said to be confronted with unique

challenges worth looking into.

b) Local capacities for peace; new insights

Local capacities for peace generally include local institutions, local expertise, events,

structures and traditional mechanisms which have the potential capacity to assist in

strengthening peace and security in the County while enhancing tolerance and cohesion

among ethnic tribes, clans and social classes. The primacy of local capacities is that they

help to enhance the „do no harm‟ principle, exploiting the readily available resources and

building on connectors that bring communities together. Furthermore, they reduce the

divisions and sources of tensions that can lead to destructive conflict. Where people are in

conflict, resources represent power and wealth and they are always critical to determining

the roadmap to peace and stability or otherwise. In Bungoma County, the following were

mapped out as the local capacities for peace:

22. Radio FMs- Citizen Radio, Western Fm, Kenya Broadcasting Corporation (KBC), and

Mulembe Fm are the radio stations widely listened to by Bungoma residents. Peace and

security initiatives can be designed to utilize these radio stations to engage the residents,

offering tailored programs which seek to promote rule of law, security, cohesion and

reconciliation while building on information collection and sharing. The tailored programs

can be localized to include but not limited to the following:

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Radio thematic skits which attempts to provide civic engagement on security

perception and the consequences of insecurity in the economic growth and

development of the county;

Talk shows, county and National civic engagements and promoting musical talents

that address on peace and security incentives;

Youth programs that promote psycho-socio counseling and which provide

information sharing and exchange platforms for economic and political

empowerment among the youth;

County education engagements;

Linking existing agricultural promotions, corporate promotions etcetera with peace

messages.

23. Kitinda Milk Processing plant, Webuye paper mill and Nzoia Sugar- These are some of

the major sources of revenue for Bungoma County. The opportunity these factories avail is

that of corporate social responsibility (CSR) and a multiethnic environment with a common

corporate objective. CSR can be designed to help strengthen ethnic cohesion while

providing support for alternative to violence initiatives in collaboration with groups and

local civil societies. With regards to the multiethnic environment, these factories through

their managements can be endeared upon to come up with company

regulations/frameworks that attempts to reduce or watch elements of tribalism, nepotism

and marginalization of minority groups.

24. Bungoma County women for peace Network- This is an upcoming group of women with

representation from the peace committees‟ structures, community based organizations,

individual women members from all sectors et cetera. The Network is young (formed in

2013) and even though with a great objective to promote women participation in peace and

security, it is widely vulnerable owing to lack of funding and capacity strengthening. This

network can be strengthened and used to engage and use women as agents of change.

25. Universities campuses and colleges- Universities and colleges operating within Bungoma

County can be used as conduits to develop and disseminate peace programs/education

while building on extensive researches/studies partnerships to systematically explore

options that can be advanced by actors in promoting human security components (which

include community security, individual security, and economic security among others) as

well as county development. Educational institutions that operate within the county (even

with some in the hotspots) include: the Sang'alo Institute of Science and Technology,

Mabanga Farmer's Training Centre, Kibabii Teachers Training College, SACRED Africa

and the SACRED Training Institute and two private teacher-training colleges. University

campuses in the area include: Moi University, Masinde Muliro University and Kenyatta

University.

26. Business communities-Business communities in Bungoma County are not well interwoven

into vibrant pressure groups to influence decisions and processes for the greater good of

the county. These Business communities have in the past been more of spectators in

security and conflict issues even though the same problem affects them directly. They

18

however remain one of the untapped capacities for peace that need to be strategically and

logically engaged.

27. Professional Associations-There is professional Associations as well as professional

groupings. Professional groupings are amorphous and include new professional entrants

from other areas of the country and Diaspora. Professional Associations and groupings are

apparently not vibrant in providing checks and balances on issues affecting Bungoma

County. Strengthening these professional associations is requisite if relevant civic pressure

in response to insecurity and conflict is to be successfully applied across the county.

Usually, professional associations at the National level assist in informing the public on the

changing socio-political and economic situations, as well as protecting public interests while

building disposition on various National issues.

28. Peace Committees and peace accords-The existence of District peace committees and the

Mabanga peace accord present a great case of potential capacity for peace. There are huge

challenges facing DPCs for instance; lack of enough and timely funds for rapid response,

operational costs and capacity development. These challenges among others warrant

address and joint support to DPCs is encouraged since they remain the best conduits for

information gathering, sharing and dissemination. The role of Mabanga peace accord

before the 2013 general elections in negotiating democracy for cohesion and region‟s

stability comes out strongly as a local capacity for peace. A comprehensive study is advised

with regard to understanding the successes and failure of the accord to draw comparative

lessons.

29. Bungoma cultural festival-Annually, Bungoma County hosts a cultural festival to celebrate

majorly the Bukusu culture and other existing Luhya sub tribe. This local capacity for

peace needs to be engaged by all actors, promoted and components of peace, security and

inter-ethnic cohesion embedded.

30. Bungoma County peace and security working group-The group was established in 2011

and brings on board NGOs, FBOs, provincial administration, police divisions within the

county of Bungoma and community Based Organizations. The working group is basically a

platform for exchanging information on peace and security across the county. The group is

however grappling with a range of issues including lack of a secretariat and funds to

coordinate day to day functions of the working group among other critical functions. This is

amid the group having action plans and other documents to help in strengthening

information communication. Collective efforts by the county government and donor

community to strengthen the capacity of these working groups will greatly improve their

attempts to mitigate future sources of conflict.

31. Bungoma County Government-The county government is an integral actor as well as an

agent of change in the conflict and security state in Bungoma. The county government has

the responsibility to provide basic services that intend to alleviate poverty, illiteracy and

insecurity alternatives to the people of Bungoma. The county government has in the

19

2013/2014 budget allocated approximately 10 million Kenya shillings12

to facilitate

reconciliation and conflict mitigation. A „connector‟ framework for implementation of the

program will be more viable when it includes community based organizations and local

communities from the identified target groups. In executing all her functions, the county

government must listen to the voices of the people, plan and execute programmes in

consultation with the people while engaging community based and National organizations

operating in the areas especially on conflict and security issues.

Bungoma conflict and security Insights from available reports

32. CRECO-Baseline report on conflict mapping13

features a brief analysis of Bungoma County

cited on pages 83 and 84. The report rightly observes that major security concerns in

Bungoma County involve Mt. Elgon constituency and the operations of the Sabaot Land

Defense forces. On the economic dimension of the county, the reports indicates that over

half of the population is considered to be living in poverty based on estimates from the

Commission on Revenue Allocation (CRA).

33. The Truth, Justice and Reconciliation Commission (TJRC) established in the wake of the

devastating events of the 2007/2008 Post-Election Violence (PEV) recently released its

insightful report-volume 1,2a,2b, 3and 4- documenting historical socio-economic and

political violence in Kenya and recommendation for State pursuance. Important Issues

within Bungoma County were put into perspective across the five volume report and

included the operations of SLDF in Mt. Elgon sub County prior to 2008. The report

highlights that several gaps were left wide open and which include: lack of comprehensive

disarmament programs by the government of Kenya and violation of human rights

depicted during the Okoa Maisha operation, carried out by the Kenya Defense forces

(KDF) in 2008. To combat insecurity within Mt. Elgon constituency, all gaps identified in

the report must be addressed in a collaborative manner.

34. One key lesson or insight that can be picked from the report in the context of Bungoma

County, is that the local communities are in most cases aware of their victimizers or

perpetrators but due to huge challenges in the police service (intelligence gathering,

enforcement competence, ratio imbalance, equipment inadequacy…), weak and strenuous

judicial system, and mixed challenges in community policing, the fear of retaliation from

their victimizers keeps them closed up. Cited in the TJRC report volume 2b page 325 is a

case by a Kenyan refugee in Uganda that exemplifies our argument. In 1997, when the

residents of Chebuyuk in Mt. Elgon slept outside their houses, members of the SLDF

would come and rape their women at night. Despite this heinous act, the locals did not

know where to go and report. The perpetrators were known but couldn‟t be reported to

the police. Members of SLDF hanged anyone they saw with a policeman and by end of

2005; the Sabaot Land Defence Force (SLDF) had been formally formed. This case

represents the outcomes that befall areas which turn out as hotspots and the rate of

lawlessness that follows thereafter.

12 This estimate is well reflected in the Bungoma county Budget of 2013/2014. 13 CRECO‟s Baseline report on conflict mapping and profiles of the 47 counties in Kenya, 2012

20

35. The NSC-National Conflict Analysis and Mapping report provides a very general analysis

outlook of conflict across the country. The conflict trends in Bungoma County are

contained in page 26 under the western region category. The research provides general

causes of structural conflict while indicating dissidents of SLDF or former members as

some of the actors warranting engagements. Even so, Conflict factors within Former

Western province report include the following: Land Issue, Poor security infrastructure,

Border/boundary issues, Reactive government interventions, Political patronage, Negative

ethnicity, Diminishing influence of elders, Alcohol and drug abuse, Small arms prevalence,

Criminality (burglary, theft, rape), Lack of confidence in police and low confidence in the

legal systems.

Key Actors in conflict and security

36. Crucial actors in the realm of peace, justice and security are primarily; the community, the

central government and non-state actors. The predominance of the government in this

regard is to provide security to her citizenry (communities14

) and subsequently delegates this

mandate directly onto the National police service (NPS). The police service just like any

other law enforcing agency, upon being decentralized in the county is meant to ensure

obedience to the principles of the rule of law where the security of the people is

paramount, whereas the community on the other side helps to make meaning of these

principles by living up their responsibilities of obeying law and order. The non-state actors

comes in to complement the government in promoting enabling environment for policy

development and implementation through collaboration, dialogue, capacity trainings,

partnership, checks and balances…the list is endless.

37. Their assistance is necessary in helping to address insecurity as a major barrier to

development and avert instances of lawlessness15. The three main actors through concerted

efforts usually produce other strategic and structural “enabler” actors in recognition of the

importance of security in the socio-political and economic development. In the policing

context of Bungoma County, these “enabler” actors include: Districts peace committees,

county peace and security working group, and community policing structures.

38. This specific section provides insights on the types of actors in conflict and security

operating within Bungoma County putting up a triangulated analysis on the work of these

actors and the challenges they face based on the data collected.

14 In this regard, communities entail all the people residing within the county of Bungoma. 15 See Narayan, Patel, Schafft and Rademacher (2000) and Narayan, Chambers, Kaul, Shah and Petesch

(2000).,Chabal, Patrick and Jean-Pascal Daloz (1999), Africa Works: Disorder as Political Instrument, James Curry,

Oxford.

21

Local civil society organizations and International NGOs

39. There are a number of International organizations, local community and faith based

organizations (non - state actors) that are currently involved in supporting or directly

implementing local initiatives meant to strengthen peace and security within the county of

Bungoma and which have been steadfast in responding to the recent waves of killings in

Kikwechi, Kibabii and Mukwa villages where at least 8 people were killed and more than

120 people injured. They are namely: Action Aid, Catholic Justice and Peace Commission-

Bungoma, Free Pentecostal fellowship in Kenya, Teso Peace Human Rights and

Development Initiative (TEPEHURDI),

Western Human Rights Watch, MATESO

and Mt. Elgon Residents Association

(MERA)-please note that this were the

organization that we were able to capture

in our rapid analysis exercise. Their

presence however, is thwarted by the

following salient factors:

Weak coordinated approaches, yielding fewer dividends in terms of reducing the risks of

future amorphous “security and violent conflict traps”;

Lack of consistent funds/inadequate funds both for rapid humanitarian response and for

carrying out proactive interventions meant to curb future sources and causes of insecurity

and community violence;

Lack of sufficient community policing, peacebuilding and Human rights technical skills

amongst local organizations in the area to conform to the ever changing conflict dynamics

in the region;

Lack of trust/confidence by the locals to engage and provide early warning information

communication for fear of reprisal. This problem is additionally compounded by the weak

implementation of witness protection program and poor participation of communities in

the community policing projects.

40. Nevertheless, as one of the pertinent actors, both the International Organizations and local

civil society organizations have managed to act as connectors between security organs and

the county residents providing technical advice, dialogue and engagement platforms

although in piecemeal.

Religious leaders

41. Although synonymous with the working of faith based organizations, religious leaders from

different denominations in the county under the purview of this report have played a

critical role in providing direct humanitarian assistance to the victims, while demanding for

necessary points of action from the two levels of government. With more spillover effects

of the killings being witnessed within Bungoma town, where business community are

For instance, Bishops of Anglican Church

Bungoma Diocese has been vocal in their

peace calls to the police and the communities.

The Bishops have also attempted to dissuade

the police severally from using live bullets in

dispersing crowd of peaceful demonstrators.

22

increasingly becoming targets of criminal gangs, church leaders in Bungoma have led

peaceful demonstrations to highlight the inertia by government to address the unbecoming

situations. Some of these leaders are drawn from both the Anglican and the catholic

churches.

Figure 1: Some of the participants from the peace committees and civil society organizations in Bungoma County in a

focus group discussion session.

42. The following table below highlights the existing actors, the issues that they are engaged in,

challenges and the results so far.

23

Actors (nature of engagement/interventions) Challenges Results, likelihoods and security gaps

(where necessary)

Jubilee-Central government -Providing services (security and provincial

administration coordination) to the people of

Bungoma County.

-Lack of professionalism/skills to uphold

Information confidentiality by the police

service fetched from community policing

structures and the police security structure

with regard to reports of the on the recent

killings has led to diminishing public

confidence in the service.

-Lack of the necessary equipment (like

motorcycles, vehicle) to aid police in patrol

and the lack of incentives in the community

policing framework.

-Police stations are few and are allegedly

marred by corrupt staff or ineptness.

-The infighting between the National police

service boss and National police service

commission has complicated things with

regards to communication and command

structures of the police. This has led to

speculations on job security by police

personnel a factor that may add into the

ongoing insecurities in the county of

Bungoma.

- Lack of trust has and may continue to affect

the willingness of the locals to cooperate

because of fear of possible retaliation.

-Ensuring that devolution helps to bring

services and goods closer to the local people of

Bungoma by handing over functions as

stipulated under schedule 4 of the constitution

of Kenya.

-lack of equipment and the existing intrigues in

community policing will continue to slow down

any existing genuine security efforts while

encouraging activities that appeal to insecurity.

-The retention of the same police officers that

have been there for more than one year can

only help but build suspicion and lack of trust

by the locals because of their claims that police

are involved incorruption and bribery ventures.

-Worst case scenario is that the failure to effect

change in the law enforcement organ will lead to

loss of public confidence and an increase in

mob justice/injustice.

Bungoma County government -The county government is preparing to take

over functions from the central government

and local authorities to promote agriculture,

primary healthcare, trade, local tourism, to

fight drug trafficking and pornography,

promote governance and development at the

county…et cetera.

The county government is also –with choice- in

charge of developing county security, peace,

conflict and development frameworks through

county policies that will help to build a robust

relationship with the National government and

other actors.

-Party affiliation politics causing latent

disharmony. This is seen between the

governor and his loyalists and senator with

his loyalists who are from two different

political parties.

-There are election petitions filed in law

courts within and without the county that

are political in Nature.

-County priorities with regards to combating

poverty, unemployment, illiteracy, resource

based conflict, ethnicity and corruption are

not well reflected in the budget.

-With the ongoing disharmony, politicians are

most likely to continue waging supremacy

contests at the expense of County security.

-The presence of election petitions may likely,

present different political rivalry dynamics by

the incumbent and petitioner politicians,

probable to undermine peace if the recent

killings may have had any political bearing.

Idle and un-employed youth is an issue that

must be addressed as they are highly vulnerable

to being used by politicians blindly.

-Failure to provide alternative avenues for

employment among the youth; failure to

address resource based conflicts and corruption

24

will see more instances of insecurity in the

region since these are some of the causes of

violent conflict.

-the governor is said not to be reasonably

accessible the public, particularly peace and

security pressure groups

-If the current complaints by the county

residents are anything to go by, then the

governor may likely lose the trust of the people

with regard to participatory county development.

Also, the people are highly losing hope to

participate in the devolved concept; to

consolidate county socio-economic

opportunities critical towards overall county

development.

-Lack of equity and fairness in

representation of minority rights in the

executive committee is perceived a threat to

county cohesion.

-Cohesion and reconciliation isn‟t

institutionalized within the county.

-there is need to rope in professional

associations and youthful individuals from

minority groups/rights in the governance of

Bungoma County while sensitizing the essence

of peace and security in the county

development.

-Failure to pursue open space community

reconciliation by the county government will

highly spoil the chances of the county to come

to terms with the dynamism of violent conflicts.

-Devolution elements like the recent budget

making and participation process was not

coherent and genuine. The communities

were not able to engage in prioritizing

development agenda rather stamping on the

already made. “The Bossiness syndrome”

prevailed.

-The county budget which ought to provide

alternative to crime and violence may end up

not providing the solution but creating more

conflict pouches in the future due to poor

planning and all rounded participation in agenda

setting.

International Organizations

(SAFERWORLD , ACT/ PACT

and Action Aid)

-providing capacity trainings (administrative

and thematic trainings), technical expertise

(trainers, researchers, advisers, networking,

thematic funding and problem solving

strategies), organizational and thematic

strengthening, and humanitarian assistance

- Poor understanding of the local contexts

and partners and therefore putting

initiatives that do not sustainably address

the changing conflict dynamics;

-There are Various existing points of

misinformation;

-Lack of practical sustainability measures.

Short term unpredictable funding

-Poor implementation and realization of

projects‟ goals (at times the projects are not

effectively programmable to ensure intended

results/impact).

Civil society groups

(Peacenet, Act Kenya, Free

Pentecostal fellowship in Kenya),

-watchdog initiatives, community peace and

security dialogues, reconciliation and

engagement platforms, research and fact

-Lack of consistent/predictable funds;

-Funds impropriety by local organizations;

-Lack of realistic initiatives/projects where

-Existing ineffectiveness of peace and security

projects to provide sustainable/alternative

solutions to the current insecurity problems.

25

Mt. Elgon Residents Association

(MERA), Catholic Justice and

Peace Commission-Bungoma, Teso

Peace Human Rights and

Development Initiative, and

Western Human Rights Watch)

finding, fundraising, partnerships, thematic

project implementation (i.e. EWER projects,

community policing projects), lobbying and

advocacy ,humanitarian response

the communities are involved in planning

and execution;

-lack of skills and know how in peace,

security and conflict realms, and

humanitarian crisis.

-Difficulties by organizations to solicit more

funding may kill these organizations may caput

healthy peace and security initiatives intended to

address potential areas of community conflict;

-Lack of prompt and informed humanitarian

and crisis response leading to more life loss in

the event of unexpected crisis in the county;

Professional and County Business

Bodies

-Hosting of the Bungoma cultural festival

(although politicians are highly if not equally

involved).

-Providing public interest checks and

government to both the county and National

Governments

-Lack of wide involvement on community

and county issues-lack of visibility;

-Lack of funds and diversification;

-politicization of the annual events scaring

away the business community;

-poor participation by both business and

professional communities in nonprofit

ventures;

-Professional associations are poorly

organized and are faced by internal feuds.

-Bungoma cultural festival just like any other

peacebuilding initiative isn‟t well known and its

background and place for county cohesion isn‟t

equally appreciated even though it provides a

great platform for communities to share and

appreciate differences and diversities.

Religious and civil leaders

(Catholic and Anglican Bishops)

-(Bukusu council of elders)

-(Politicians-aspiring, incumbents

and former MPs/councilors)

-Some work close with civil society

organizations to engage the police in ensuring

security and the county government in

ensuring responsiveness.

-The Bukusu council of elders for instance

spearheaded the development and signing of

the Mabanga accord

-They act as influential individuals although

support for their action is always

adhoc/seasonal.

-These leaders are highly susceptible to

promoting interests that may not entirely

represent the position of the public.

-Their seasonal and reactive nature largely helps

to reduce the intensity of an ongoing problem

although they rarely preempt these problems in

advance.

26

Existing Initiatives addressing conflict and security in

Bungoma County

43. There are quite a number of initiatives that have been introduced prior to the killings and

after the killings to help: strengthen community policing and security efforts; promote

reintegration efforts; and enhance peacebuilding amongst members of the different ethnic

communities, former militias and security organs. However, it is imperative to note that

before the strange killings in the county, much of the existing peace, conflict and security

interventions by the civil society organizations where heavily endeared towards the Mt.

Elgon region.

44. This section is meant to highlight a few of these initiatives-which we thought are requisite-

with a view of providing a feeling of how things generally appear on the ground and the

gaps that manifests.

a) Early warning Early response (EWER unit)16

45. One of the major hiccups that hindered proactive information feed to relevant government

authorities and well as to the civil society organizations was the lack of information

communication-informed data and intelligence collection- particularly from trusted

sources. Essentially from our exercise, it was revealed that the security forces were caught

unaware in relations to the killings that left at least 8 dead. In response to this and

immediately after the killings, Free Pentecostal fellowship in Kenya (FPFK) a faith based

organization based in Kitale, after consultation with district peace committees mounted an

early warning early response system in Kitale earlier this year to help in information

collection, analysis and relying. However, there isn‟t much literature in the public relating

to this initiative. The FPFK project in synopsis intends to target the entire County of

Bungoma especially in “hotspots”, although the hub is technically situated in a different

county (Trans Nzoia County) for reasons known best to the implementers.

Even though the project appears noble in helping to collect information for early action,

there yet exists the need to study it closely, how it functions, its structures, relevance and

make recommendation on how the same can be strengthened and work in tandem with

National and regional early warning early response units/systems.

b) Local Community security project and humanitarian assistance efforts

46. Catholic Justice and Peace Commission (CJPC), has been involved in the local community

security project in partnership with Safeworld17

. This project is implemented in Mt. Elgon

and other areas within the county. The project essentially helps to provide skills and

knowledge to community members with the view of upholding relevancy to the rule of law

in light of increasing mob injustice and criminal gangs‟ incidences. ACT Kenya is also

implementing similar initiatives in Mt. Elgon under the auspices of the Kenya community

support centre where policing committees are established between the police and

16 See the EWER localized system at FPFK‟s website: www.fpfk.org. 17 Saferworld‟s community security approach is about helping to make sustainable improvements to people‟s

experiences of safety and security.More information can be found at www.saferworld.org.uk.

27

community members to address insecurity issues. It‟s noteworthy that an integrated

disarmament, demobilization and reintegration intervention is highly lacking in the county

despite the flaccidity of small arms which residents claim were not completely recovered

from the Sabaot land defense force (SLDF), while the Kabuchai defense force-a vigilante

outfit- is said to be re-mobilizing itself to provide „security‟ to the people as a result of the

perceived failure by the police service. One of the mandates of CJPC is to assist in

responding to humanitarian crisis. CJPC-Bungoma has responded in Mt. Elgon providing

humanitarian assistance in terms of food and clothes to the victims of SLDF and recently

responded to the wave of killings that engulfed the county. CJPC is also a member of the

infantile County peace and security working group that is made up of both state and non

state actors with a view of continuously and consistently sharing information on conflict and

security within the entire county. Action Aid is carrying out a local rights programme in

Cheptais -Mt. Elgon18

.

c) People to people reconciliation, counseling and reducing police brutality projects

47. The people to people project is implemented by the Teso Peace Human Rights and

Development Initiative (TEPEHURDI) a community based organization situated in Teso.

The project aims to bring together members of the Sabaot community with the other

communities in Mt Elgon, and to contribute towards the healing and reconciliation process,

following the aftermath of the conflict between the Sabaot Land Defense Force and Mt

Elgon residents. TEPEHURDI also implementing a project designed to reduce the level of

brutality among the local police force and promote greater citizen control in Amagoro

suburban in Teso North District. The project is targets the existing Police Station, Police

Post, GSU Camp and several AP Camps for a series of engagements (dialogues and

community cleaning processes)19

.

Note: TEPEHURDI as a local organization present a perfect example of a

dedicated group of peacebuilders and human right promoters who have taken up

with conviction, the role of strengthening peace and security amidst huge existing

financial and administrative constraints the organization is facing. This is one

organization that is widely acknowledged, respected by residents living in

Bungoma and can form a model organizations for other smaller local

organizations.

48. MATESO has been on the ground, documenting the incidents and collecting evidence and

testimonies. The organization has been counseling and contributing to the psychosocial

healing of the victims of the recent gang killings. The organization is also planning for

counseling, not only in the affected villages, but also in the schools, because some of the

children are still traumatized.

18 See the program at www.actionaid.org/kenya. 19 Over the years TEPEHURDI has been supported, encouraged and empowered by a number of organizations and

individuals. http://tepehurdi.wordpress.com.

28

Conclusion

49. This report concludes that the ongoing investigation and subsequent revelation of the

individuals and groups behind the Bungoma killings may not be out soon due to various

interplaying factors as delineated within. What comes out clearly however, is that there are

a lot of institutional gaps, challenges as well as opportunities (local capacities for peace…)

that haven‟t been utilized by State and non-state actors extensively to strengthen security,

peace and development within Bungoma County. The County is specifically faced with

several huge security challenges around hotspot areas. The election petitions hearings may

tilt the dynamics of the violence; mob injustice/justice may indicate huge underlying

discontent by the people in view of the state of justice and security within the county; while

pouches of lawlessness may be structurally promoted by other factors like poverty,

ignorance, sheer gangterism, ethno-politics, natural resource disputes and unresolved

historical injustice just to mention but a few. All in all, it is the residents of Bungoma who

will bear the ultimate consequences.

50. The security organs have been caught up surprisedly unable to explain to the public the

actual causes and sources of the violence let alone having intelligence or information that

can be relied upon. Although transfers and redeployments have started to be effected in

the police service, their relationship with the residents continues to precipitate. Yes,

identifying causes of violence is critical if an informed intervention is to be provided and

security improved, but the police service cannot be successful in this if the public fears

engaging with them or questions their competency to conceal sensitive information

provided for public good. Bungoma County needs a multidimensional assistance in

strengthening her security which is a factor that will influence investment and development.

The County additionally will need to improve its objectivity with regards to genuine

development whereby the budget making process involve the people, reflects value for

money and prioritizes trajectories for poverty alleviation and attempts to bridge social

disharmonies. However, all interventions being pursued and to be pursued must be

carefully scaled into short term, midterm and long term assistance bearing in mind

unequivocally, the overall interest of the local people.

29

Recommendations

The following were the general recommendations suggested:

a) The government and civil society organizations must ensure the provision of Trauma

Healing and psychosocial support to victims and family of the victims of the killings as a

first step towards reconciliation and mitigation of future conflict. Currently, this initiative

hasn‟t been pursued despite the huge number of victims documented. NGOs within the

humanitarian and health sectors should identify through a conflict sensitive approach,

victims and offer complementary free counseling among other services;

b) Cooperation and partnership between state security agents and non-state actors should be

encouraged. Platforms created to collect, document and share information for purposes of

informing evidence based advocacy should be strengthen through the partnership;

c) Joint research studies on conspicuous cases and points crucial in providing new insights for

collaborative action within the realms of peace, security, justice and democratic governance

should be encouraged amongst non-state actors (Local and International organizations) and

research institutions including universities with local presence. Additionally, comparative

studies should be explored to provide practical insights and opportunities to efforts that

attempts to correlate two different thematic i.e. social audits –good institutional and

budgetary governance vis-à-vis the status of water, sanitation and Hygiene in the county… et

cetera;

d) The central government should, through the county commissioner‟s office provide

consultative lead in the implementation of security and conflict reports in areas of concern

within the county; a structured peace and security architecture is necessary;

e) There is a glaring need by the police to speedily open up wide their investigation on the

connection between the upcoming election petition hearings and the recent killings. This

will help to know if the killings were politically motivated or otherwise and subsequently

inform the next chapter of civic and security engagements. To date, there are victims whose

statements have not been recorded;

f) There is need for capacity building to inform all rounded conflict management and dispute

resolution skills among other thematic knowledge and skills for timely dispute

resolution/settlement. The capacity buildings should target the community elders, leaders,

women, civil society organization, police and the county government and the framework of

this should be spearheaded by International organizations, central government and

research institutions/think tanks interested in working in the county;

g) Protection of whistle blowers by the government through the witness protection program is

essentially weak. There is need to engage and strengthen the witness protection units and

the police service to ensure where necessary information gathering and relaying is protected

and confidentiality of sensitive but useful information regarded;

h) The devolution concept is not well understood by the people of Bungoma County. As a

matter of fact, the residents are largely ignorant/unaware of the functions of the county

30

government, their rights in terms of service delivery and responsibilities in providing citizen

oversight in the development of the county;

i) Conflict sensitive approaches/policies need to be explored and in cooperated in local

public institution, and in schools. This can be through in house regulations/policies

developed for industries and county public service. Moreover, peace clubs and peace

supplements can be introduced in secondary schools and colleges to promote the virtue.

This can be tested through pilot projects by local and National organizations for purposes

of drawing up lessons;

j) Bungoma cultural festival is monumental in promoting cohesion and therefore the need of

the festival to be supported by both the county government and civil society organizations

among other actors;

k) There is need for more peace campaigns using the media and peace incentives-awards-to

peacemakers at the village level for purposes of bolstering morale. This is a critical

component that the county government of Bungoma and other willing actors should

incorporate in their programs

l) Regular/consistent training capacity for peace structures, committees and rapid response

teams should been courage and taken over by civil societies organizations, humanitarian

organizations and other actors across the county;

m) Establishment of a rapid response team and rapid response fund pool that can be managed

through a well-developed framework of cooperation. This is one way of making funding

more predictive and assign of serious commitment by the actors. It is also one way of

dismantling conflict traps.

n) Need for infrastructural development in hotspot areas, where possible motorbikes are

advised for usage by the police service because they are good in maneuvering in places

inaccessible to motor vehicles;

o) Support for community policing strengthening where the structures, objectives can be

contextualized to align with the county strategic plan. A tailored policy document on county

security and conflict should also be developed through public participation to include the

concept of participatory community policing concept;

p) There is need to map out peace and security civil society organizations in the county and

develop, where necessary strengthen frameworks of engagement and coordination. This

will equally enhance Inter-agency cooperation while providing SWOT analysis. SWOT is

an imperative aspect of inter-agency cooperation as it indicates the genuine capacity

position of the partners;

q) Joint campaigns by the community policing agents, judiciary, CSOs, the police force et

cetera are important at this point in time for the county if public confidence is to be

invigorated;

r) Local and international organizations (both peacebuilding and livelihood/empowerment)

needs to individually and jointly pursue alternative to violence empowerment programs

among the youth and women to help promote self-employment and sustainability;

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s) There is need to monitor and develop publication reviews on existing peace accords like

the Mabanga accord with a view of strengthening the position of agreements in the realms

of peace and conflict;

t) Donor support needs to take cognizance of hotspots or initiatives that attempts to address

sources of conflict around the hotspots in order to avoid conflict traps;

u) Need to embrace the council of elders and use them as positive influencers revamping the

alternative traditional dispute resolution mechanisms of solving disputes. This method is

also encouraged by the judiciary arm of the government and is additionally cheap.

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Annexes

Annex 1; Pictorials of some of the photos of the victims of the April 2013 Killings in

Bungoma

Photos courtesy of MATESO-Mwatikho torture survivor‟s organization-Bungoma

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Annex 2; FGD Questionnaire-Bungoma Rapid Conflict and Security Analysis 19th

-20th

June 2013

A number of tools were used to gather the requisite information. The conflict analysis undertaken

is designed to provide the following themes:

Theme 1: Types and Root Causes of Conflicts – Identify conflict and security issues

1. What are the major conflicts common in this area {community, Devolution}? For each type

of conflict identified, probe to get the causes.

a. Has Devolution been a factor?

b. What are other conflict risks represented by devolution at the county level?

2. Who in your opinion is responsible for starting such conflicts? {Probe for reasons}

Theme 11: Trends and results of conflicts in Bungoma County

1. In your view, where do conflicts start and how do they spread out to other areas? {Probe to

identify the general trend}

2. How do these cases of conflicts affect wellbeing of people {men, women, and children} in

Bungoma County? – identify gender dynamics of conflict and security

3. What are some of the results of conflicts in this area? {Probe to identify results in terms of

negative consequences. Recent trends – General elections

a. Representation and inclusion of all stakeholders –

i. Have relevant stakeholders been especially community members – (policing

structures) been involved in the existing governance /security structures; do

communities have confidence in community policing structures and where

they involved in the selection of members?

b. What is the nature of the peace and and security structure in the context of the

newly devolved system of governance.

i. Is the county government responsive to the security needs of the population

to alleviate tensions based on social exclusion, polarisation and regional

disparities that are often source of conflicts and insecurities?

Theme 111: Key Stakeholders & Players: issues of concern and reasons for involvement – Map

out the available local capacities for peace

1. Identify the key stakeholders and players in conflict and security situation in Bungoma

County {Probe to identify reasons for their involvement – recommend actors that

Saferworld needs to engage in intervening in the conflict/ security in the county}

a. The peace committees

b. County and community policing structures

c. The police

d. The county government

e. Religious leaders

2. What issues of concern did these stakeholders and players raise?

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Theme IV: Peace and Security Initiatives Undertaken by various institutions in the area

To make recommendations on people to people approaches that can be employed to mitigate and

address the existing conflict in the county

1. Which Institutions have been involved in peace Initiatives in this area {Probe to identify

issues addressed by the institution}?

2. What can residents do to prevent conflicts {Probe to identify which residents; men, women

or children}

3. What are some of the peace negotiation process, which have worked well for the

community?

a. Identify gaps and propose/ recommend potential local capacities for peace for

action

Theme V: Community Oriented or Traditional Mechanism and suitable ways for humanitarian

and long term preparedness and response to conflicts and insecurities –

Explore some intervention results following the recent insecurities and conflicts that affected

Bungoma and western Kenya people

1. When conflicts / disagreement among members of this community happen, what

mechanisms do you use to resolve it {Probe for traditional and modern, for mechanisms

mentioned, ask the types of conflicts in which it is applicable}? Did this work recently?

Why?

2. Which of the mechanisms identified were most effective? {Probe reasons}

3. Do you foresee any situations in this area that could generate more conflict in future?

{a} If yes, what are the early warning signs?

{b} What could be done to prevent the situation?

4. What could be done to strengthen the capacity of the community to resolve conflicts

effectively?

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Annex 3. Conflict and security reports

A lot of work has been done in exploring the conflict and security situation in Bungoma. In our

analysis, the following reference documents were reviewed to give a general feeling that in one way

or the other connects to the current happenings the county: -

BBC Audio interviews.

CRECO – Baseline report on conflict mapping;

Mwatikho Torture Survivors Organisation -Insecurity cases in Bungoma County April-May

2013

NSC – National Conflict Analysis and Mapping;

NSC- Unpublished report on Bungoma County;

PEACENET, CRECO and RPP Rapid Assessment report Bungoma and Busia Counties;

TJRC report 2013;

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Annex 4. Participants List of conflict and security analysis Workshop– 20TH

JUNE 2013

NO NAME ID/NO ORGANIZATION/ DISTRICT

01 FREDRICK M. KERE 2089609 COMMUNITY B. POLICING

02 CHARLES MASAI 20663203 DAPC OFFICE

03 BETT K. MESHACK 27758964 MWATIKHO (MATESO)

04 EMMANUEL WERE 13318048 MWATIKHO ( MATESO)

05 FRANCIS MAUYAW 0130 974 COMMUNITY B. POLICING

06 LENARD WEYOMBO 8406209 DPC- BUNGOMA

07 ROSE K. CHEMUKU 0133855 DPC BUNGOMA SOUTH

08 JMB. MUUCHI 0824970 CHAIRMAN BUNGOMA WEST

09 FLERIA M. MUKHULO 6092502 BUNGOMA SOUTH

10 FRIDAH N. OTUNGA 296535 DPC BUNGOMA SOUTH

11 DAVID MAKOKHA 1811277 DPC- BUMULA

12 ISAYA W. KUTOYI 7608799 BUMULA

13 COLLINS N. LUTTA 24631810 CJPC- BUNGOMA

14 LAZARUS PEPELA 22549545 PDA NSC

15 JACQUILINE K.WAMALWA 10858801 CJPC

16 EDWIN KILONG 13159118 COUNTY PM

17 ALBINUS MUGA 4397032 CJPC

18 EDWIN ADOGA 25173270 Consultant

19 DANIEL KIPTUGEN 1119657 Consultant