Top Banner
CONFLICT AND ITS SOCIO-ECONOMIC IMPACT IN GARSEN DIVISION, TANA-RIVER DISTRICT BY MARTIN PILLY A Thesis submitted in Partial Fulfillment of the Requirements for the Award of the Degree of Master of Philosophy in Environmental Studies (Human Ecology) Moi University October, 2007
171

Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

Oct 27, 2014

Download

Documents

Pilly Martin
Welcome message from author
This document is posted to help you gain knowledge. Please leave a comment to let me know what you think about it! Share it to your friends and learn new things together.
Transcript
Page 1: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

CONFLICT AND ITS SOCIO-ECONOMIC IMPACT IN GARSEN

DIVISION, TANA-RIVER DISTRICT

BY

MARTIN PILLY

A Thesis submitted in Partial Fulfillment of the Requirements for the

Award of the Degree of

Master of Philosophy in Environmental Studies

(Human Ecology) Moi University

October, 2007

Page 2: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

ii

DECLARATIONS

DECLARATION BY THE CANDIDATE

This thesis is my original work and has not been presented for a degree in any other

university. No part of this thesis may be reproduced without the prior permission of the

author and/or Moi University.

Sign_______________________ Date _____________________

Martin Pilly

(SES/PGM/05/2001)

DECLARATION BY THE SUPERVISORS

This thesis has been submitted for examination with our approval as university

supervisors

Sign________________________ Date _____________________

Prof. J.J. Akong’a

Department of Anthropology

Moi University, Eldoret, KENYA.

Sign_________________________ Date_____________________

Prof. J.J. Okumu

Centre for Refugee Studies

Moi University, Eldoret, KENYA.

Page 3: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

iii

DEDICATION

To my mama Hajillo and my late grandfather, Buya Martin who was like a father to

me.

Page 4: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

iv

ABSTRACT

The study set out to assess the conflict phenomenon in Garsen division, Tana-River

district between pastoralists and peasant farmers. It aimed at finding out the causes of

the conflict, factors which make the Orma and Wardei pastoralists to be perceived as

hostile by their neighbours, the environmental, social, cultural, economic and

psychological impact of the conflict and finally ways of managing the conflict.

The study was guided by the assumption that; one, the conflict is about ownership and

use of land, pasture and water resources. Two, environmental factors and the distance

between the Orma/Wardei and Pokomo cultures, leading to different perceptions

towards resources and each other are probably some of the causes of conflict between

the two groups that pursue different kinds of livelihoods. Three, owing to the intensity

of conflict historically it is possible that the impact or consequences are

multidimensional, and as long as environmental and cultural factors do not change, the

conflict will continue.

The study targeted members of the two conflicting ethnic groups in the district, the

Orma and Wardei pastoralists on the one hand and the Pokomo peasant farmers on the

other. Five locations were purposively selected; this was because some locations were

mainly inhabited by farmers and others by pastoralists. One hundred and fifty (150)

households were interviewed randomly from three locations, fifty (50) households in

each location. Five focus group discussions were conducted one, from the farmers’

side and four from the Pastoralists’ side, because the pastoralists were scattered and

could not easily be available for informal interviews. In addition 100 students were

interviewed randomly from two secondary schools (Tarasaa and Ngao Secondary

schools) in the division.

Both field methods and secondary sources of data were utilized. The field methods

combined various types of survey techniques such as questionnaires, participant

observation, key informant interviews, informal interviews, focus group discussions

and also extended residence in the community under study for five months. Secondary

data comprised of textbooks, newspapers, archival research of written materials,

Page 5: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

v

workshop reports et cetera. The data was analyzed both quantitatively and

qualitatively.

The results of the study show that; one, the conflict had multiple causes such as

ownership and use of land, pasture and water resources. Two, the cultural distance

between peasant farmers and pastoralists and difference in perception towards

resources and each other are also causes of the conflict. Three, the factors that compel

pastoralists to be war-like are harsh conditions in their physical and social

environment. Four, the impact of the conflict are multidimensional, that is, physical,

social, economic, cultural and psychological.

From the research findings, it is felt that there is need for proper policies on land in

Garsen, Tana River. Taking into consideration the traditional ways of land use and

ownership, the pastoralists need to be educated on the issue of land adjudication in the

district. This is to be done in order to attain acceptable alternatives for peace hence

development.

Page 6: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

vi

TABLE OF CONTENTS

DECLARATIONS ....................................................................................................................................... II

DEDICATION ........................................................................................................................................... III

ABSTRACT .............................................................................................................................................. IV

TABLE OF CONTENTS ........................................................................................................................... VI

LIST OF TABLES ....................................................................................................................................... X

LIST OF PLATES .................................................................................................................................... XII

LIST OF APPENDICES .......................................................................................................................... XIII

ACKNOWLEDGEMENTS .................................................................................................................... XIV

CHAPTER ONE .......................................................................................................................................... 1

INTRODUCTION ....................................................................................................................................... 1

1.0 PROBLEM STATEMENT ............................................................................................. 1

1.1 RESEARCH QUESTIONS ............................................................................................. 4

1.2 OBJECTIVES OF THE STUDY ..................................................................................... 4

1.3 SIGNIFICANCE/JUSTIFICATION .................................................................................. 5

CHAPTER TWO ......................................................................................................................................... 7

THE STUDY AREA ................................................................................................................................... 7

2.0 THE NATURAL ENVIRONMENT ................................................................................. 7

2.01 Position and Location ...................................................................................... 7

2.02 Topography and soils ..................................................................................... 10

2.03 Climate ............................................................................................................ 10

2.04 Water resources .............................................................................................. 11

2.1 THE HUMAN ENVIRONMENT .................................................................................. 12

2.1.1 Land tenure ................................................................................................... 12

2.1.2 Population ..................................................................................................... 16

2.1.3 Livestock and agricultural production activities ......................................... 16

2.1.4 Droughts ........................................................................................................ 18

2.2 THE PEOPLE OF TANA-RIVER ................................................................................. 18

2.2.1 Orma Mythology of their Settlement in Tana- River ................................... 20

Page 7: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

vii

2.2.2 Pokomo Mythology of their Settlement in Tana-River ................................ 21

2.2.3 Adaptation to the Environment .................................................................... 21

2.2.4 The Pokomo and Orma socio-political organization ................................... 24

2.3 FUNCTIONS OF THE GASA AND MATADHEDA ......................................................... 29

2.3.1 Resource Management and Conservation ................................................... 29

2.3.2 Meetings ........................................................................................................ 30

2.3.3 Penalties ........................................................................................................ 31

2.3.4 Appeals .......................................................................................................... 32

2.3.5 Inter-Ethnic Conflicts ................................................................................... 32

CHAPTER THREE ................................................................................................................................... 35

LITERATURE REVIEW AND THEORETICAL FRAMEWORK.......................................................... 35

3.0 LITERATURE REVIEW ............................................................................................. 35

3.1 INTRODUCTION ...................................................................................................... 35

3.2 CAUSES OF CONFLICTS........................................................................................... 37

3.3 ETHNIC CLASHES AND THEIR IMPACT .................................................................... 38

3.4 CONFLICT MANAGEMENT ...................................................................................... 40

3.4.1 Settlement of conflict .................................................................................... 40

3.4.2 Conflict Resolution ....................................................................................... 41

3.5 THEORETICAL FRAMEWORK .................................................................................. 42

3.5.1 The theory of dialectical materialism ........................................................... 42

3.5.2 Human Ecological theory ............................................................................. 43

3.5.3 Theory of perception ..................................................................................... 46

3.6 ASSUMPTIONS 0F THE STUDY ................................................................................. 47

CHAPTER FOUR ..................................................................................................................................... 48

METHODOLOGY .................................................................................................................................... 48

4.0 METHODS OF DATA COLLECTION............................................................................ 48

4.1 FIELD METHODS ..................................................................................................... 48

4.1.1 Participant Observation ................................................................................ 48

4.1.2 Informal Interviews ...................................................................................... 49

4.1.3 Questionnaires .............................................................................................. 49

4.1.4 Key informant method .................................................................................. 50

4.1.5 Focus group discussions ............................................................................... 50

Page 8: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

viii

4.2 SAMPLING METHODS .............................................................................................. 52

4.3 SECONDARY DATA ................................................................................................. 52

4.4 DATA ANALYSIS ..................................................................................................... 52

4.5 LIMITATION OF THE STUDY .................................................................................... 52

CHAPTER FIVE ....................................................................................................................................... 55

RESULTS AND DATA ANALYSIS ........................................................................................................ 55

5.0 INTRODUCTION ...................................................................................................... 55

5.1 GENERAL CHARACTERISTICS OF SURVEY RESPONDENTS ........................................ 55

5.2 CONFLICT SITUATION IN THE STUDY AREA ........................................................... 63

5.2.1 Ethnicity in the study area ............................................................................ 63

5.2.2 Ethnic conflict ............................................................................................... 66

5.2.3 Types of conflicts ........................................................................................... 66

5.2.4 Rules to guide the use of resources .............................................................. 71

5.2.5 Rules of the market ....................................................................................... 72

5.2.6 Factors that make pastoralists to be perceived as hostile ............................ 75

5.2.7 How the Pokomo peasant farmers have been able to build a force to

counter the pastoralists .......................................................................................... 76

5.2.8 The Causes of the conflict ............................................................................ 81

5.3 IMPACT OF THE CONFLICT ...................................................................................... 91

5.3.1 Socio-economic impact ................................................................................. 91

5.3.2 Cultural impact ........................................................................................... 106

5.3.3 Psychological impact .................................................................................. 109

5.4 GENERAL IMPACT AT INDIVIDUAL AND FAMILY LEVELS ....................................... 114

5.5 POSITIVE IMPACT OF THE CONFLICT ..................................................................... 117

CHAPTER SIX ........................................................................................................................................ 119

CONFLICT MANAGEMENT ................................................................................................................ 119

6.0 INTRODUCTION .................................................................................................... 119

6.1 ORGANIZATIONS AND INSTITUTIONS THAT ARE INVOLVED IN MANAGING THE

CONFLICT IN TANA-RIVER ......................................................................................... 120

6.2 DIFFERENT ROLES IN CONFLICT MANAGEMENT ................................................... 122

6.2.1 The role of farmers ..................................................................................... 122

6.2.2 Role of pastoralists ...................................................................................... 124

Page 9: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

ix

6.2.3 The role of the government......................................................................... 125

6.3 SOLUTIONS GIVEN TO THE CONFLICT BY THE TANA RIVER GASA ELDERS ............ 129

6.4 POSSIBLE SOLUTIONS OF THE CONFLICT OBTAINED FROM PARTICIPANTS OF A

WORKSHOP ................................................................................................................. 129

6.5 SOLUTIONS GIVEN BY THE ORMA AND WARDEI PASTORALISTS ........................... 131

6.6 TRADITIONAL METHOD OF CONFLICT RESOLUTION ............................................. 132

CHAPTER SEVEN ................................................................................................................................. 134

SUMMARY, CONCLUSIONS AND RECOMMENDATIONS ............................................................ 134

7.0 SUMMARY OF THE FINDINGS ................................................................................ 134

REFERENCES ........................................................................................................................................ 141

APPENDICES ......................................................................................................................................... 149

Page 10: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

x

LIST OF TABLES

Table 2.1: Land tenure in Tana River district ................................................................. 15

Table 2.2: Local Terminologies ...................................................................................... 33

Table 2.3: Rituals and ceremonies .................................................................................. 34

Table 3.1: Ethnic Land Disputes in Kenya by 1997 ....................................................... 36

Table 5.0: Summary of general information of the respondents who filled the standard

questionnaire ........................................................................................................... 61

Table 5.1: Approximate ages of students in Garsen Division ........................................ 62

Table 5.2: Ethnic groupings of the students ................................................................... 62

Table 5.3: Distribution of Students in Secondary Schools ............................................. 62

Table 5.4: Gender of the students ................................................................................... 62

Table 5.5: The meaning of ethnicity in the study area .................................................... 67

Table 5.6: Rules to guide the use of resources ............................................................... 74

Table 5.7: Causes of the conflict .................................................................................... 83

Table 5.8: Hospital attendance ........................................................................................ 93

Table 5.9: How necessities were obtained during the conflict period ............................ 95

Table 5.10: Impact of Conflict on students ................................................................... 100

Table 5.11: Impact of conflict on pastoralist students .................................................. 101

Table 5.12: Form of psychological impact ................................................................... 113

Table 5.13: General impact of conflict at individual and family levels ....................... 115

Table 6.1: The role of farmers in conflict management ............................................... 123

Table 6.2: The role of pastoralists in conflict management .......................................... 126

Table 6.3: The role of Government in conflict management ........................................ 127

Page 11: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

xi

LIST OF FIGURES

Figure 2. 1: Location of Tana River District in Kenya ..................................................... 8

Figure 2. 2: Location of Garsen Division in Tana River District ..................................... 9

Figure 5. 1: Distribution of respondents according to ethnic groups .............................. 59

Figure 5. 2: Distribution of respondents according to age .............................................. 60

Page 12: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

xii

LIST OF PLATES

Plate 2.1: Maize crop destroyed by floods ...................................................................... 14

Plate 5.2: A burnt house at Tarasaa village .................................................................. 103

Plate 5.3: An abandoned Manyatta ............................................................................... 104

Plate 5.4: An abandoned farm of banana plants across the River Tana overgrown with

grass ...................................................................................................................... 105

Plate 5.5: A school boy killed at Golbanti village by raiders ....................................... 110

Plate 5.6: A schoolgirl wounded when raiders attacked her village ............................. 111

Plate 5.7: Youths attacked by heavily armed pastoralists in their village .................... 116

Plate 5.8 Pastoralists ferrying themselves across River Tana ....................................... 118

Page 13: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

xiii

LIST OF APPENDICES

Appendix 1: Standard Questionnaire……………………………………………..140

Appendix 2: Student Questionnaire………………………………………………146

Appendix 3: Checklist for focus group discussion……….………………………148

Page 14: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

xiv

ACKNOWLEDGEMENTS

This section is for those who helped me with this work, without whom it would not

have been possible to complete.

I am greatly indebted to my supervisors Professor J.J. Akong’a and Professor J.J.

Okumu who in spite of their busy schedules patiently guided me in every step. I am

also grateful to all the members of staff at the School of Environmental Studies who

were like a family to me and who helped me in their different capacities.

My friends Jembe Boniface and Wanje Nyiro, my research assistants Komora, Wario,

Jennifer and Gobu deserve special gratitude for their help, encouragement and support.

I acknowledge the assistance accorded to me by Mr. Bombe the coordinator of the

Tana River Arid Lands Resource Management Programme, Mr. Koroso at the Tarasaa

Catholic community centre, the Divisional Officer (Garsen) and the District

Commissioner, in Tana River, Chiefs in the different locations under study and the

people of Tana River (especially the Pokomo, Orma and Wardei).

I wish to express my deep appreciation to my mother Hajillo Rebecca for her

understanding and support. I also owe gratitude to my brothers Arnold Buya and Eric

Mungatana for their unwavering support.

Page 15: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

1

CHAPTER ONE

INTRODUCTION

1.0 Problem Statement

Conflict is inherent in every society as long as there is interaction between people

either of the same culture or different cultures. There are a number of levels at which

conflicts in the world today are experienced. These can be between nations, ethnic

groups or even clans. There can also be interpersonal or intrapersonal conflicts.

Whichever level at which conflict is experienced, it is mainly destructive, and

therefore, a threat to the survival of the individual.

The conflict in Tana-River though highlighted especially in the media as ethnic, is

not about ethnicity per se but it may have other causes such as resource use and land

ownership between the Orma and Wardei pastoralists on one hand and the Pokomo

Peasant farmers on the other hand. This is partly because the district is mainly a

rangeland. The only productive areas are along the riverbanks where most of the

Pokomo live and cultivate.

Throughout history the latter have therefore been termed as the riverine people

(Prins, 1952:1; Bunger, 1970:1; Mollison, 1971:3; Salim, 1973:39) by their pastoral

neighbors. While the pastoral people go for pasture and water resources considered

by them as commons, the Pokomo peasant farmers view the riverine regions as their

individual property containing cultivated and individually owned farms. Among the

Pokomo land is first owned by the community, then portions of land belong to

specific clans, and families within each clan own their own land and finally

individuals within families own land that they consider their birthright. The

pastoralists do not recognize this kind of land ownership and use. The conflict over

land, pasture and water resources, has therefore, partly to do with perception, of what

is a resource, who owns it, who has a right of use under what conditions and when.

Pastoralist groups generally cross borders of nations unrestricted for environmental

and economic reasons (Duffield, 1991:15). The nomadic Orma and Wardei Oromo

Page 16: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

2

pastoralists in Tana-River cross the border to Somalia and Ethiopia freely. This is

partly because the District borders Somalia at one end through Garissa district and

mostly because the Oromo inhabit a region that extends from Ethiopia, Kenya and

Somalia (Fukui and Markakis, 1994: 169, 230-231; Kassam and Megerssa, 2002:11).

They can therefore move without inhibition among relatives, friends and stock

associates.

The fact that there is no effective central government control in Somalia and

southern Ethiopia (Jalata, 1993:144; El-Hinnawi, 1985) implies that the pastoralists

are better equipped in terms of armory due to their exposure to the war torn country

of Somalia and the Oromo guerrilla (Oromo Liberation Front) in Southern Ethiopia.

This is because they have to trek for long distances in insecure areas within countries

controlled only by Warlords in search of pasture and water.

More often than not the nomadic pastoralists in the Tana region pose a security

problem in the district as the National Assembly of Kenya Report has stated

(Republic of Kenya, 1992). They move in caravans with their camel, donkeys and

other animals over long distances. As they migrate, they pass through locations

where surprisingly the local chiefs feel completely helpless since these caravans are

fully armed. The caravans ultimately find themselves in settled areas and the fully

armed pastoralists guide their animals to the poor peasant farmers’ croplands thus

destroying the crops. Such a scenario will not pass unnoticed by the farmers who

then pick up arms ready to defend their farms in order to guard themselves against

food insecurity. Nevertheless, life has to continue in this district during periods of

relative peace as well as in periods of active violence. In times of relative peace the

farmers have to worry about being waylaid and killed or raped by the so-called

“shifta-bandits” (this terminology emanated from the shifta war experienced in

Kenya immediately after independence, outlaws who are mostly Somali, but later

Orma and Wardei engage in criminal activities such as attacking buses, robbing

passengers and killing them) and in periods of overt conflict where actual large-scale

violence occurs.

In the recent conflict the first victim of the so-called “tribal clashes” was a peasant

farmer attacked and killed on his farm on the 7th

March 2001 by a group of armed

Page 17: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

3

pastoralists. This happened as he was marking the boundaries of his farm ready for

the land adjudication and registration exercise, which had begun in the district. This

first incident led to the fully-fledged deadly conflict. Where counter attacks

occurred, houses as well as Manyatta (a Kiswahili word for nomadic village) were

burnt, livestock were slashed and killed, people were killed and wounded, farms and

whole villages were abandoned, as public services such as schools and hospitals

were interrupted.

Pokomo teachers in Pastoralist schools were threatened with death if they did not

leave the schools with immediate effect. The government insisted that if teachers did

not go to teach they would be sacked. Pastoralists who had to go all the way to the

neighboring district of Malindi for treatment no longer attended public hospitals in

Pokomo peasant farmers’ areas. The market structures between the pastoralists and

the farmers broke down because neither of the groups would buy goods from each

other. The neighbours had turned into enemies. The pastoralists had to go all the way

to Malindi town to sell their wares especially milk. As the conflict escalated to great

heights there were suspicions of “an external force” or “third party” in the conflict.

What is disturbing is that in all this the government seemed like a spectator. The

government security officers seemed to have inspected weapons in a biased manner.

The only weapons they would gather are mainly the Panga (machetes), bows and

arrows, while people suffered gun wounds in hospitals (Daily Nation, Tuesday,

December 11, 2001). It was apparently quite easy for the security officers to

confiscate the crude weapons from farmers but not the firearms from pastoralists.

The people in Tana-River need peace and proper human security like any other

Kenyans. As one approaches the district at the border with Malindi district one feels

tense and probably afraid as one is hit by the realization that he/she is in one of the

most insecure places in Kenya. All the vehicles must stop, sometimes for hours on

end as each vehicle is allocated some police escorts. Not to mention that the constant

insecurity hampers participation in development activities. In the educational sector

for instance the district is always performing poorly in national examinations,

because the students go to school in fear, have no secure home environment and are

therefore, economically, socially, physically and psychologically deprived.

Page 18: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

4

The main issues in this study therefore, are; causes of the conflict, factors that make

pastoralists seem hostile, how peaceful co-existence can be brought about in the area

so that the farmers can feel secure to cultivate and harvest adequate food for

themselves and for the market among the pastoralists and why the government acts

as a spectator in all these even though the conflict, involve gross violation of human

rights and creates a perpetual human insecurity. While the government of Kenya

seems to be interested in arbitrating for peace in fragile states such as Sudan and

Somali at its own backyard, in districts like Tana River there is little arbitration and

minimal government security presence.

1.1 Research Questions

What are the causes of the conflict?

What makes pastoralists seem hostile?

Why and how have the Pokomo been able to build a force that can counter the

Orma and Wardei?

What are the social, cultural, economic and psychological impacts of conflict on

the conflicting communities?

How can the conflict be managed?

1.2 Objectives Of The Study

Overall objective

To assess the conflict phenomenon in Garsen Division, Tana River District, Kenya.

Specific Objectives

To find out the causes of the conflict.

To find out the environmental and other factors that make pastoralists seem

hostile.

To find out the social, cultural, economic and psychological impact of the

conflict in Garsen division, Tana–River district.

Page 19: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

5

To find out ways of managing the conflict that can lead to the two parties

reconciling.

1.3 Significance/Justification

The study will contribute new data to the scarce literature available on the perennial

conflict in Kenya and Tana River district in particular.

It has been argued that conflict has both negative and positive functions (Coser and

Rosenberg, 1969:212), the positive functions in the conflict include the fact that it

unites the in-group against the out-group, while highlighting the physical and

conceptual boundaries between the two groups among other functions. In Tana

River, there is need to find out whether there are both negative and positive impacts

of the conflict. The world however, needs peace in general and this calls for the

studies in conflict management and resolution.

The conflict situation in the district has never preceded ‘real peace’. Some scholars

have even been led to believe that the farmers and pastoralists at some point have

been living together in peace. To quote Prins (1952);

By 1952, the Galla (Orma) were reported to be living peacefully side by side with

Pokomo in perfect friendliness.

The relationship between the two groups however, seems to be strong only at the

market place, otherwise their lives are full of tensions and suspicions.

The farmers always suspect their neighbours of “being up to something”. For

instance, when a group of pastoralists is seen, word spreads out very fast in Pokomo

villages, and the youths are organized to guard the village in case of an attack (a

group of pastoralists walking together is always taken to mean that they are bandits).

Besides they seem to blame the pastoralists for the cause of general insecurity in the

district. The farmers seem also to have a resigned mood of ever achieving

sustainable peace in the district, expecting the government to help them have this

craved peace; unfortunately the government seems to stand by as people slaughter

each other.

Page 20: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

6

All the vehicles passing through the district must have an “escort” from the Kenya

police, even in times of relative peace. From the point of view of the researcher, this

is not very helpful in that when the bandits attack these vehicles; the so-called

security (only two per bus) will be the first to be attacked hence exposing the

unarmed citizens to great insecurity. In addition the security personnel or the escorts

usually cannot effectively deal with the bandits who have sophisticated weapons and

attack as a group such that the two escorts in a bus cannot handle them. Therefore

the escorts are at risk like all the other passengers in a bus.

The conflict in the Tana-River district must be studied at this time, especially,

because, the recent conflict might be of greatest magnitude in the history of conflict

in the district occurring in the year, 2001. There was the involvement of

sophisticated machine guns, superior to those owned by the government security

forces in the district. This is a serious problem if some members of the Kenyan

“nation” can be allowed to have or to form their own “armies” at the expense of poor

citizens elsewhere.

The conflict has led to social and cultural disruption such that even pregnant women

and children were not spared death. This brings about a number of issues; what is

happening to cultural rules of war is culture being degraded in regard to conflict?

What about the psychological impact suffered on survivors who have watched

relatives being killed? Peace is a necessary pre-condition for any kind of development

to take-off, thus, the need to have a clear understanding of the causes and dynamics of

the conflict.

Page 21: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

7

CHAPTER TWO

THE STUDY AREA

2.0 The Natural Environment

Tana River can be divided into upper Tana and lower Tana. Upper Tana is mostly an

Arid and Semi Arid area. The lower Tana is the delta region. In dry seasons there is

movement of pastoralists from the Upper to lower Tana. This movement is often

associated with conflicts.

2.01 Position and Location

The research project was conducted in Garsen division, Tana River District during

the period, September 2002 to January 2003.

According to the Tana-River District development Plan (1997-2001), Tana River

District is one of the six districts that constitute the Coast Province. It borders Kitui

District to the west, Mwingi to the northwest, Garissa to the east, Tharaka Nithi and

Isiolo to the north, Lamu to the southeast, Kilifi and the Indian Ocean to the south.

The District lies between latitudes 0o (equator) and 3

o south, and longitudes 38

o 30´

east and 40o 15´ east and it has an area of about 38 782 sq.km.

The district is divided into five divisions Garsen is the largest (15 624 km2) Galole is

the second largest, it hosts the district headquarters. The other divisions are Bura,

Madogo and Bangale. There are 31 locations and 63 sub-locations in the District.

Figure 2.1 shows the location of Tana River district in Kenya, while figure 2.2 shows

the location of Garsen division in Tana River district.

Page 22: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

8

SUDAN

UG

AN

DA

TANZANIA

SO

MA

LIA

ETHIOPIA

Indian Ocean

Nyambene

Moyale

Mandera

Wajir

Tana River

Kwale

Taita Taveta

Suba

Keiyo

Lake Turkana

Makueni

Mwingi

Garissa

Isiolo

Samburu

Meru

Tharaka Nithi

EmbuKirinyaga

Mbere

Machakos

Kajiado

Nairobi

ThikaKiambu

Muranga

NyeriNyandarua

LaikipiaKoibatek

Narok

NakuruKericho

NyamiraBomet

Kuria

Kisii

Trans NzoiaMigori

Homa Bay

Lake Victoria

Kisumu

SiayaVihiga

KakamegaNandi

Uasin Gishu

Marakwet

Baringo

West Pokot

Trans NzoiaMount Elgon

BungomaBusia

Teso

Kitui

Kilifi

Lamu

Turkana Moyale

Mombasa

N

EW

S

Legend

Study Area

District BoundaryProvincial Boundary

International Boundary

Figure 2. 1: Location of Tana River District in Kenya Source: Republic of Kenya, Tana River District Development Plan, 1997-2001: p.3

1:5 000 000

Page 23: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

9

#

#

#

#

#

#

#

#

MERU

Mbalambala

Bangale

BANGALE

Saka

Nanighi

BURA

Chwewele

WAYU

GARSEN

Bilisa

GARISSA

LAMU

KILIFI

TAITA TAVETA

KITUIMadogo

MADOGO

Ndera

Salama

Idsowe

Ngao Chara

Kipini

GALOLE

Bura

Hola

1

2

3

4

5

6

Garsen Division

# Town and Market Centers

Locational Boundaries

Divisional Boundary

District Boundary

N

EW

S

1 Bura2 Milalulu3 Zubaku4 Ndura5 Kinakomba6 Gwano

Legend

0 50

Kilometers

Figure 2. 2: Location of Garsen Division in Tana River District Source: Republic of Kenya, Tana River District Development Plan, 1997-2001: p.8

.

Page 24: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

10

2.02 Topography and soils

Tana-River district is generally flat, with low hills in few areas. The main hills are

Minjilla in Garsen Division, Bilbil in Bura and Madogo making these areas the

highest points in the district.

The River Tana creates an extensive delta, which is characterized by wetlands. The

delta provides a grazing area during the dry seasons and its waters are used for

agriculture. According to the National Environmental Secretariat (NES) the District

has a short coastline about 71 km long (NES, Lower Tana, 1985:35) Characterized

by sandy beaches and sand dunes. The river flows into the ocean through a marshy

delta.

The soils in the district are generally black cotton soils with clay, loam and alluvial

deposits. They have low or moderate fertility in the hinterland, where there is no

influence of flooding therefore unattractive to farmers. High fertility soils are found

along the natural depressions and along the flood plains of River Tana. Their fertility

is due to the accumulation of silt or clay brought about by flooding.

The soils in the hinterland are excessively drained while those in the flood plain of

River Tana are imperfectly drained, making the flood plains good rice fields.

Ranching is mainly practiced in the hinterland where the large expanse of grasslands

provides ample forage for livestock. The soils are developed on flood plains and

swamps, sandunes, plains, mangrove swamps and coastal ridges (Ibid. p3).

The presence of swamps, waterlogged and flood prone areas of the flood plain

provide breeding grounds for mosquitoes. Also, the sandy soils lower the

effectiveness of rainfall due to their high infiltration rates.

2.03 Climate

The mean annual rainfall range between 300mm and 500mm. Long rains are

between April and May while short rains are between October and November.

November is the wettest month. With the little erratic rainfall especially in the

Page 25: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

11

hinterland, the district experiences drought almost every year. Drought brings with it

movement of pastoralists towards the lower Tana.

The Inter-tropical Convergence Zone (ITCZ) influences the wind pattern and the

non-seasonal air currents of the Indian Ocean and determines the pattern and amount

of rainfall recovered in the district. It therefore follows that the coastline is wetter

than the hinterland. The coastal region receives rainfall of up to 1250mm annually

though the rainfall varies and is unreliable. The dry climate in the hinterland can

only support nomadic pastoralism. The area is generally hot and dry.

2.04 Water resources

The main water resources in the district are the Tana River, seasonal rivers (lagas),

groundwater, water pans and water holes in the interlaga areas. Tana River is

Kenya's major river and the only river flowing through the district. There is abundant

water flowing along the river into the Indian Ocean particularly after heavy rains

upcountry, this water may be dammed for future use instead of being wasted into the

ocean. A number of dams have been built in the upper catchment area of the Tana

River for production of hydroelectric power, and to regulate the flow of the river for

power generation and irrigation schemes downstream (NES, Lower Tana, 1985:9).

As more dams are built, they will have considerable effect on the discharge

downstream, virtually suppressing the usual annual floods and may substantially

reduce the flood intervals. Currently, most farmers cannot farm rice because of the

decrease in floodwaters. They have opted to farm maize, which does not do well in

the area, leading to an increase in food shortages.

There are two major water schemes in the lower Tana area – the Garsen water supply

and the Ngao-Tarasaa water supply, these draw water from the river but the quantity

is inadequate. In areas further away from the river underground water from the wells

is the major source of water. However, most of the groundwater is saline (Ibid.).

This implies that; one, the lagas have a disadvantage in that they are a major

bottleneck to road transport as they cut off roads making the district virtually land

locked during the rainy seasons. Two, the heavy rains experienced in the area

Page 26: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

12

coupled with a flat topography, cause prolonged wetness and render roads

impassable. Floods occur regularly and, although they replenish soil fertility through

deposition of silt, they cause destruction of crops. Three, high agricultural potential

is limited to areas along the river basin and to the wetter eastern side adjoining Lamu

district. Also, Tana River is the main source of water for domestic and livestock use,

especially during the dry seasons when other sources dry up. Plate 2.1 shows maize

crops destroyed by floods.

2.1 The Human Environment

This section covers the interactions of the people of Tana River with their

environment.

2.1.1 Land tenure

The land tenure or system of land ownership perceived by the indigenous people

living in the Tana area is two fold. Land according to the pastoralists is seen as a

resource given by God and should be shared by all. According to the Pokomo

farmers, to be Pokomo means you own the land inhabited by the Pokomo. In the

Pokomo community there are Vyeti (sing. Kyeti) or lineages, each lineage has its

own land, under the lineage there are clans and it is clear that each clan has its own

land. Further, families under each clan are given land by their clans. Each individual

wanting to use land has to see elders in his clan, who will sit together, after the

individual pays for the elder’s sitting (barhe) and allocate him land for his family’s

use. These lands are not for sale.

People owning land in Kipini (the Tana River mouth – joining the Indian Ocean) are

most likely to conflict with new land owners in future as land is being advertised to

other Kenyans and sold at the district headquarters without the knowledge of peasant

farmers according to a key informant. The future scenario is that indigenous farmers

will be called squatters and will be forced out of their land as private developers

move in to own “their land”. Settled people in many communities have elaborate

systems of land tenure than nomadic or semi-nomadic people.

Page 27: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

13

The coastal region has for a long time, been used as a place where loyal politicians to

an incumbent regime will be given rewards in form of beach plots and land where

they can invest. This system has led to further marginalization of the coastal people,

and a further delay of land demarcation and adjudication, where people living in the

coast, including the Tana area can have their land registered and issued with title

deeds.

The government of Kenya sees the Tana land as mostly Government Land. The land

has not been demarcated and the system of land tenure is largely communal (Table

2.1). The indigenous farmers in the district live in clustered villages for security

reasons (NES, Lower Tana, 1985:14). The riverine land, where most of the Pokomo

farmers live is mostly under Trust.

According to the Law Society of Kenya (LSK), under the constitution, trust land is

vested in local authorities that are required to hold it for the benefit of the local

residents; therefore it can neither be sold, transferred nor leased (LSK, July, 2002).

However, the concept of trusteeship has generally been interpreted as granting

powers to such authorities to alienate land without regard to local interests (Ibid.).

Trends of this nature can be observed in Tana River, where large parts of the

hinterland have been alienated to public corporations thus reducing the amount of

land available for the use of local residents. This in turn has put pressure on local

land-use and aggravated the conflict between pastoralists and peasant farmers (Ibid.

p8).

Further, local authorities have sold most of the land in the Tana delta to other

Kenyans who are not Tana River people, without thinking of the indigenous people,

if this will not be corrected then a land use conflict is in store waiting to happen.

When the Pokomo farmers and the Orma and Wardei pastoralists resolve their

conflict they will realize that the conflict over land would have just begun.

Page 28: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

14

Plate 2.1: Maize crop destroyed by floods

Source: Fieldwork, 2002

Page 29: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

15

Table 2.1: Land tenure in Tana River district

Land

Description of type km2

Government land

Land owned by the government of Kenya 24, 179

Freehold land

Legal ownership of a piece of land for an

unlimited period of time.

8

Trust land

A legal arrangement where land is vested in

local authorities that are required to hold it for

the benefit of the local people; therefore it can

neither be sold, transferred nor leased.

1, 645

Available for small

holder registration

An area of land that is usually used for

farming, but which is much smaller than a

typical farm.

12, 862

Already registered

Land registered for private ownership by the

local people. The process is awaiting the land

adjudication that had triggered conflict in

Tana River.

Nil

Source: Government of Kenya, 1983, cited by NES (1985:14) – the section on

description of type of land is an additional.

Page 30: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

16

2.1.2 Population

The 1999 national population census reported the total population of the Tana River

people to be 180, 901 while the population of Garsen division was reported to be a

total of 51, 592 (Republic of Kenya, 1999). The estimated population for 2001 was

projected to be 190, 433 (Tana River District Development Plan 1997–2001). In

1989, the Pokomo population in the district was 47, 447, the highest, followed

closely by the Orma who were a total of 42,220 according to the Kenya population

census, in Tana River (Republic of Kenya, 1994: 6-15).

Nomadic pastoralism is common to the Orma and Wardei living in the Lower Tana

River. The Orma practice seasonal internal migration in search of better pastures.

Whereas the Wardei are believed to move mostly into the Somali region a lot, the

Pokomo perceive them to be more of Somali than Wakalla (Oromo). There is also

in-migration into the area by the Somali from North-Eastern Province who migrate

during the dry season in search of water and pasture, returning to their home district

when conditions improve (NES, Lower Tana, 1985:16).

2.1.3 Livestock and agricultural production activities

The district, which is mostly a rangeland, has a high potential for livestock

development. Livestock production closely follows the precipitation pattern. The

Orma Boran breed of cattle is common. Sheep and goats are kept in relatively small

numbers. As one gradually moves to the north rainfall diminishes and the area

becomes generally dry. Camel, sheep and goats are found in this area.

Small-scale subsistence agriculture is mostly practiced. The average farm size is 1.5

hectares per household. The crops grown include maize, rice, cowpeas, green grams,

mangoes, bananas among others. Most of the farms are situated next to the River

Tana and along the beds of the seasonal Rivers (lagas) where the farmers use

residual moisture when the rain stops. The sizes of the farms depend on the total area

of flood plain and/or the size of the village or clan. Plate 2.2 shows River Tana and

Pokomo farms lined along its banks, in the middle foreground is a dug-out canoe

used to ferry the farmers to their farms.

Page 31: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

17

Plate 2.2 Mango farms lined along River Tana and a dug out canoe in the middle foreground

Source: Fieldwork, 2002

Page 32: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

18

2.1.4 Droughts

Most of the Tana River district is susceptible to drought conditions (NES, Lower

Tana, 1985:32). From January to August 1961, most of the inland areas of the Coast

province received less than 57% of the average rainfall. In 1976, high temperatures

and low rainfall characterized weather conditions in the Coast Province. The days

were hot and humid. There were severe drought conditions in 1978-79 in Tana River

district and subsistence had to be sought from outside. During 1984 severe drought

in middle Tana River district forced many pastoralists to move into the Lower Tana

River area (Garsen Division). High livestock deaths and some conflicts with

agriculturalists were reported.

Drought conditions in the district have the implication that, dependence on rice and

maize, as staple foods should be supplemented with other drought resistant crops

such as cassava and other crops. Also, the large dams constructed upstream should

include flood storage reservoirs to regulate water downstream.

2.2 The People of Tana-River

The Pokomo are a Bantu group of people said to have come from the proverbial

Shungwaya, (Prins, 1952; Ogot, 1976:265; Osogo, 1968:54; Bonaya cited in

McIntosh, 1969:150). It is believed that Shungwaya lies within the territory of the

Somali republic. Traditions relate that it was in the vicinity of the present village of

Chiambone or Kiamboni (Prins, op cit.; Ogot and Kierani, 1968).

During the thirteenth and fourteenth centuries the Galla (Oromo) begun to attack the

Shungwaya peoples thereby setting in motion a long period of migrations towards

the south into the Kenyan coast (Bonaya, op cit.). In the seventeenth century Oromo

pastoralists attacked the Pokomo farmers who settled at Kilimadzi (present Mambrui

village in the Northern Malindi town of Kenya). This was in order to access water

from the Sabaki River and pastureland. The Galla, as they were called then, left their

mark by naming the river Sabaki, river Gallana. In Oromo Gallana means river. As a

result the Pokomo farmers abandoned their villages and farms. The area was not

Page 33: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

19

resettled until about 1861, when Arabs from Lamu refounded the town (Bonaya,

Ibid.).

Martin (1973:42) states that by the end of the 17th

Century the war-like Galla were in

control of the mainland coast of Kenya and most of the settled areas were abandoned

during this period. The wave of Galla or Oromo that moved furthest into Kenya were

the Wardeh (Wardei, Warday, Warra Daaya) whose descendants are the Tana Orma

(Kassam and Megerssa, 2002:5, Martin, Ibid.). 'Orma' is a common southern dialect

form of 'Oromo' (Schlee, 1989:35). The Warra Daaya (Wardei) are believed to have

inhabited at one time or another almost all of northern and eastern Kenya and

Jubaland. They originate from the Dirre and Liban areas of Southern Ethiopia, from

where they are said to have been expelled by the Boran (Schlee, 1989; Kassam and

Mergessa, 2002 Op cit.).

After the Daarod Somali expansion of the late 19th

century and early 20th

century

those Warra Daaya who had escaped death or captivity by the Somali were, for

safety, restricted by the British to the right bank of the Tana River. This is the

present group of Orma as noted earlier (Kassam and Mergessa, 2002).

The Oromo people do not call themselves “Galla” others call them by this name

(Ochieng, 1990; Jalata, 1993:3). The “Galla” reclaimed their ethnonym of Oromo in

the 1970s in the course of their nationalist struggle against Abyssinian (Ethiopian)

colonialism and rewriting their own history (Kassam and Megerssa, 2002:9).

Salvadori and Fedders (1984:31) have given the meaning of the word Galla to mean

‘wandering’ or ‘going and coming’. The name ‘Oromo’ on the other hand is said to

mean “men”, “nation”, “race” or “brave men” (Jalata, 1993:16). From their history

we know that the Oromo left their homeland east of Lake Abaya in southern

Ethiopia about 1530 and by the end of the century they had spread far north into

Ethiopia and south and east into Kenya and Somalia, (Ogot, 1976:265; Spear,

1978:24).

The Oromo are made up of a number of named territorial groups that live in

Ethiopia, Kenya and parts of Somalia as highlighted earlier. These are: Orma, Gabra,

Boorana, Guji, Arsi, Ittu, Karrayyu, Qottuu, Wollo, Rayya, Azebo, Macha and

Page 34: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

20

Tullama. The majority of these groups live in Ethiopia. They currently Number 25-

30 million (Kassam and Megerssa, 2002: 11).

Movements or migrations of people, attacks and defenses and lack of respect for

ethnic boundaries characterized the pre-colonial and sometimes colonial people.

2.2.1 Orma Mythology of their Settlement in Tana- River

According to a peace building meeting with pastoralist leaders (Caritas Malindi

Diocese, 2002:3), the Orma and Waata (Sanye) communities were the first

communities to settle in Tana-River district. They covered areas from Ndera in

Garsen division upto the Sabaki River where they bordered Mijikenda groups.

Later, the Pokomo community, who originated from Shungwaya near Kismayu,

present Somalia came and were welcomed by the pastoralists. They settled along the

riverbanks where they practiced farming and fishing activities. The Waata were

hunters and gatherers.

The two different communities with different modes of livelihoods respected each

other and the traditional structures that were set by their elders. As farming went on

along the riverine areas some areas were set aside for the Orma to be used as pasture

areas during the dry seasons. Other areas along the river were set aside as watering

points or malka for the pastoralists. The Waata and the Orma are said to speak the

same language – Orma.

It is interesting to note that the Orma in their mythology do not mention the Wardei

people even as they tell them they are closer than the Waata (Sanye), who they

despise because they perceive them as being poor.

Page 35: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

21

2.2.2 Pokomo Mythology of their Settlement in Tana-River

According to the Pokomo council of elders the Pokomo were the first inhabitants of

the Tana River valley, (Gasa, 2001:4-5), having arrived from Shungwaya after the

Digo people had already left Shungwaya but before the Giriama and other Mijikenda

ethnic groups. The Orma were chased away during the civil wars with the Somali.

When they reached Tana-River two Pokomo elders namely Wayu and Waldena

crossed them to the western bank and the Pokomo protected them from the Somali.

The first Orma manyatta were named after the above mentioned Pokomo, Wayu and

Waldena and these places exist to date.

Under the colonial rule the Orma and the Pokomo were encouraged to live far from

each other. The Orma pastoralists lived in the hinterland while the Pokomo peasant

farmers continued to live along the flood plain areas. This should explain why Wayu

and Waldena are over 100km away from the river. The colonial government

designated water corridors that were used by the Orma and the Somali from

Garrissa.

Each of the two communities claim the first comer right and hence justifying its right

to ownership of land in Tana River to long and historical occupation. These claims

are not important in present Kenya, where most communities migrated from one area

to the other, what is important is how the farmers and the pastoralists can co-exist in

Tana River peacefully.

2.2.3 Adaptation to the Environment

Organisms, human and nonhuman, respond to structural and functional

characteristics of their environment. Adaptations results from exposure to physical

and chemical factors, from interactions with other species, and from the interactions

of individuals within the same species (Moran, 1982:7). The farmers and the

pastoralists have been able to survive in their environments through adaptation.

Human adaptability stresses the flexibility of human response to any environment.

The people of Tana River have to adapt to an environment of low and uncertain

rainfall or generally a semi-arid environment.

Page 36: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

22

According to Steward’s theory of adaptation there is a relationship among certain

variables in adaptation, environmental resources, subsistence technology and the

behavior of the human person to use his technology on the available resources

(Ibid.p43). The most important needs in society are food and shelter, in resource

utilization the type of technology used to exploit these resources matter and aid a

community in adaptation.

Adaptability to humid heat experienced in the coast is seen when the population

remain relatively sedentary at midday and follows a moderate pace in work.

Physiologists have noted that tropical people “move more efficiently” and do not

allow themselves to become overheated (Moran, 1982: 278-9). After thermal midday

most tropical peoples avoid heavy work and engage in relatively unstrenous activity

in shaded areas.

Pokomo peasant farmers

The Pokomo people live along the riverbanks as a way of adaptation to the semi-arid

environment of Tana River. They depend on the moisture from the river to plant their

crops. The farmers also farm in the areas of natural depressions, which store water

when it rains or when the river floods. Flood plains are also used as farming areas

this is because of fertility brought about by silting when the river floods. The Pokomo

farmers therefore cannot envisage a life away from the river into the hinterland where

they will need new adaptive strategies.

Therefore there are permanent farm sets (along the riverbanks and around some ox-

bow lakes) for the farmers and there are other farms that are utilized when the river

floods. This shows that there are two types of farms for the farmers, permanent areas

and fallback areas.

Some few Pokomo people also keep small stock such as goats and sheep. A few

Pokomo who had made friends with the Orma bought cows from the Orma and let

them herd their cows for a fee. The charges are not made in monetary terms but

depending on young ones being reproduced by the cows in the custody of Orma

Page 37: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

23

friends. Pokomo farmers who ‘insist’ on rearing especially, large stock by themselves

risk loosing the animals to other Orma and Wardei who would not let non-pastoralist

people keep livestock in the district. This behavior may be motivated by the

conviction that livestock ‘naturally’ belongs to them, and not even all groups of

pastoralists have rights to own stock.

The Orma and Wardei Pastoralists

A reasonable working definition of pastoralism has been given by Cohen (1974:261)

that pastoralism is a system of production devoted to gaining livelihood from the

care of large herds of animals based on transhumance and is an adaptation to a

particular habitat; semi-arid open country or grasslands, in which hoe or digging

stick cultivation apparently cannot be sustained.

Most of the pastoralists practice mobility as an adaptation strategy.

Herding must take into account not only the presence of permanent water and the

availability and nutritional status of grass (when dry perennial grass are nutritionally

deficient), but also the necessity of avoiding sticky, wet clay soils where cows may

fall, tall grasses that may shelter predators, tick-borne East Coast Fever, and the

presence of enemy raiders. For these reasons cattle may be moved frequently over

great distances. (Netting, 1986:47).

The Orma and Wardei pastoralists are ever on the move looking for the best areas to

graze their animals. When it rains heavily they take their animals to higher ground in

order to protect them from diseases such as foot and mouth disease and mosquitoes

in the Tana region. The livestock therefore, in the arid and semi-arid climate have to

be moved to where pasture resources are. The pastoralist must be constantly aware

of the condition of each animal and meet its needs (Moran, 1982: 223). By the dry

season pastoralists are to be found around the main permanent waterholes, where

they will build huts from reeds to allow circulation in the heat of the day (Smith,

1992:12). Among the Orma and Wardei pastoralists of Tana River, there are areas

set for grazing during the dry seasons and others set for the rainy seasons. This

shows that pastoralist utilize land in two different aspects as dictated by nature and

the seasonal calendar.

Page 38: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

24

Keeping large herds is also an adaptation strategy. Since Tana River is prone to

drought seasons the large number of cows act as protection against loss of stock

caused by droughts such that even though the herder may loose some animals he

shall still remain with some. A man who loses one-third of his stock is much better

off if he begins with sixty cows than with six (Netting, 1986:51). There is no doubt

however, that overgrazing occurs and large sizes of herds reduce range capacity and

that pastoralists strongly resist herd reduction.

Another form of adaptation practiced by pastoralists is the distribution of their herds

over a vast territory through complex forms of lending and borrowing (Moran,

1982:226). An individual pastoralist may lend his animals to another pastoralist who

temporarily needs a greater number of animals. It is agreed that the owner will be

paid back the equivalent of the animals at a later date.

Some few Orma and Wardei practice agro-pastoralism. This is a coping strategy

against droughts. The practice also serves to compliment the food of the pastoralists.

2.2.4 The Pokomo and Orma socio-political organization

According to a research done by the Arid Lands Resource Management Programme

(ALRMP, 2001a: 3), before the coming of the colonial government the Pokomo and

Orma communities governed themselves through the following structures.

2.2.4.1 THE POKOMO

KIJO

This was the executive arm of the government. It enjoyed the power of making final

decisions. All the reports were finally taken to them for final judgment. They had

power to make judgment concerning all cases that were prevailing in the community.

The Kijo was also a secret organization, which had a lot of power and could even

order for ones execution (capital punishment) in case their orders were defied or if

Page 39: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

25

one was seen as a threat to their administration. The Kijo were the cream members of

the witchdoctors in the Pokomo community.

WAGANGANA

These were the immediate followers and successors of the Kijo. They therefore

executed all the duties assigned to them and performed all the witchcraft on behalf of

the Kijo.

SESA/MATABULE

The Sesa also known as Matabule was under the administration of the Wagangana.

They were mainly the chief advisors of both the Gasa and the Kijo.

GASA

This group performed all the administrative duties. It would hear and make judgment

of all types of conflicts and cases. Whenever they got stuck they would seek the

advice of the Sesa.

BISO/WANAMPEBFO

These were subordinates to the Gasa. They executed assignments given to them by

the Gasa and in the process learning the functions of the Gasa. This was the group,

which later was to be promoted to be the Gasa. On the same level some of the

Wanampebfo were students of the Wagangana and would later take-over from the

Wagangana.

2.2.4.2 THE GASA

The Gasa has survived to the present time though with a number of modifications to

its functions. As seen earlier its main function in the community is administrative.

Page 40: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

26

COMPOSITION

According to ALRMP (2001a:5) the Pokomo community is characterized by age

cohorts (groups), which are determined by circumcision events. This follows that all

the group members who are circumcised during any given period of time fall under

one age cohort. The Gasa therefore would comprise of a specific age group, which

would take-over from the retiring one.

During the period of take-over or handing-over, the following procedure is followed;

the retiring Gasa is promoted to the status of Sesa, the incoming group who used to

be the Biso takes over the Gasa status and the immediate age group of the Biso is

now promoted to the Biso status. The taking over ceremony is accompanied with

feasting and dancing to mark the exercise.

The traditional political unit among the Pokomo is the Kyeti (pl. Vyeti). This is an

alliance of three to eight patriclans (masindo) living in a common territory (Bunger,

R, 1970:2). Each Kyeti had its own Gasa. It is believed that the Pokomo community

had 12-15 Gasa groupings. Each Gasa had its own head. There was an overall chief

of all the Gasa groupings referred to as the Haye ywa Kumbi or Haju; who was

selected by the elders.

It is believed that there used to be two chiefs; one representing the interests of the

northern communities (upper Tana), and the other representing the interests of the

southern communities (lower Tana).

THE CHAIRMAN

Presently as was also the case in the past the leader of the Gasa is chosen among the

existing group. While choosing the leader certain qualities were (still are)

considered; (1). Integrity - he should be a person of rectitude or moral virtue, (2).

Respect – he should be a highly regarded member of the community, (3). Ability - he

should be competent in terms of being able to make wise decisions and contributing

positively to the community, (4). Age – he should be an elder preferably over 50

Page 41: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

27

years of age, (5). Wealth – he must be rich in terms of material and immaterial

resources, (6). He must be knowledgeable about the rules and norms of the people

and finally, (7). He must be experienced for instance, having been a leader of his

clan.

All the members of that age-group are members of the Gasa and can join the

deliberation. However, some of the members perform as an executive committee –

chosen with the same criteria as the leader of the Gasa. Usually all the clans are

represented in the Gasa. Currently the Gasa has an executive committee of between

nine to fifteen members where there is the; Chairman, Vice-chairman, Secretary,

Vice-secretary, Treasurer, and Members.

Term of office

There is no defined tenure of office. Tenure is determined by the ability to perform

and life expectancy. Meaning that the Gasa will hold tenure for as long as they are

physically able and most of the members are alive. They will hand over when age

has made them less productive or most of the members of that age-group have died.

Therefore the chairman will step down only when; a) The tenure of the group has

expired – he retires with the group, b) The community he is chairing and especially

the existing Gasa members loose confidence in him. However such a case has to be

addressed by neighbouring Gasa’s executive committee if it is found that he cannot

be transformed he would be obliged to resign, and c) One opts to resign after giving

satisfactory reasons to the members.

2.2.4.3 THE ORMA

The Orma had the following titles (ALMP, 2001a: 4); Hayu Kollo, Tolbicha-Tolbolle

and Jarsa Warati/Mangudo.

Hayu Kollo

This was the president in the Orma community. He was also considered as the

traditional spiritual leader.

Page 42: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

28

Tolbicha (Tolbolle) / Sagalla

These were the representatives of the Hayu Kollo at the village level. They can be

compared to the present village headmen or village leaders.

Jarsa Warati

These are the respected elders at the village who form the village governing council.

They were given the title of Mangudo. This was the organ that would form the

Matadheda or the council of elders.

Matadheda

According to ALMP (2001a: 6) the Matadheda performed similar duties to the Gasa.

It was composed of respected elders at the village level known as the Jarsa Warati

(Mangudo). Each village or community used to have its own Matadheda council and

there used to be the head of the communities known as the Hayu Kollo.

Hayu Kollo

He was chosen from a specific clan. It was a must for the Hayu Kollo to have special

leadership qualities observable from childhood.

2.2.4.4 THE MATADHEDA

Members of the Matadheda were supposed to be; elders of the village preferably

above 50 years of age, respected members of the community, virtuous, wise, wealthy

and willing to assist at any time.

Page 43: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

29

Term of office

There was no defined term of office. Like the Gasa, office tenure was determined by

ones ability to perform. This means that one would hold office until he becomes

senile.

2.3 Functions of the Gasa and Matadheda

As mentioned earlier the Gasa and Matadheda were administrative arms of the

Pokomo and the Orma government structures respectively. Their traditional

functions (ALRMP, 2001a: 7) were to settle disputes ranging from civil to criminal

cases which would be referred to them or when they felt necessary to intervene.

They also maintained peace and order in the community and actually saw to it that

the law governing the community was adhered to. They were responsible for all the

resources ranging from land, water, forests et cetera.

They could deliberate issues related to individuals, clans and inter-tribal conflicts.

The decisions arrived at these structures were binding and respected.

2.3.1 Resource Management and Conservation

The Kijo had clear rules on land ownership and conservation of natural resources.

The Gasa and Matadheda had powers over all the available resources in a

community (ALRMP, 2001a: 7) such as land, rivers, lakes, forests, grazing areas et

cetera. They could impose some regulations on the use of certain resources, which

became law to all members of the community. Some of these regulations included;

restrictions to the use of certain resources like grazing areas, the river, lakes, forests

and even food crops.

The Gasa would ban the use of certain methods of catching fish for example, the

spear or the net in some parts of the river. Small fish were returned to the river for

growing and reproduction. Fishing in the lakes was to be done on specified days of

the week. The Gasa could restrict the felling down of certain trees in forests; big

Page 44: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

30

trees were cut only with clearance from the council of elders for purposes of making

canoes. Other trees such as “Munguri”, “Mchambaya”, “Mnyambembe”, and

“Mkindu” were important particularly during droughts for their edible fruits. The

fruits were eaten during famines. Wild animals were not killed carelessly, unless

they became too many and started invading villages.

There was the imposition of some kind of curfew for entry into some areas like the

mango tree farms until at given times of the day. When people would be allowed to

go and collect the mangoes that would have fallen down. People were not allowed to

cultivate too close to the riverbank for fear of causing soil erosion.

The Gasa used to have their own soldiers who were there to make sure that rules

were adhered to. Whoever would be seen violating these rules was given the

appropriate penalty. ‘Nkambi’ was imposed – this is restrictive law meant to

conserve natural resources.

2.3.2 Meetings

There was no defined period for meetings to be conducted (this has currently not

changed). According to a research done by the Arid Lands Resource Management

Programme (2001a:Ibid.). It was revealed that meetings could be called under the

following circumstances; when an offended member of the community brought the

subject to the attention of the elders, when there was an emergency – for example

when suspicious-looking people would be sited around the villages, the elders would

also meet to lay strategies on prevailing circumstances for example, droughts,

famine, disease outbreaks et cetera, and where elders felt that it was necessary to

intervene in a case.

When a meeting would be called to settle disputes or conflicts between individuals

or parties, both the offended and the offender were required to pay for the elders

sitting. This allowance or fee is called Barhe, Nyungu ya wayume, among the

Pokomo and Sororo Mangudo – Bisan Mangudo among the Orma and Wardei.

Page 45: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

31

Some of the penalties or fines that would be imposed as part of regulation were as

follows; it was an offence to deliberately sharpen the horns on ones bull with the

intent of injuring another during bull fighting (Orma and Wardei). In addition,

among the Pokomo it was a taboo for the opposite sex to learn or perform the rituals

of the other, for instance a man should never be seen near a house where a woman

had just given birth – Nyumba ya Heremani. Likewise, women were restricted access

to areas of newly circumcised boys – rigi. It was highly treacherous to reveal the

secrets of the Ngaji – government. Further, it was an offence to deliberately destroy

the property of another person and an offence to kill or injure another. In addition, it

was an offence to look into your neighbor’s fish trap during the morning and evening

sessions however; during the afternoon session traps were free for all. These

regulations were an endless list for as long as the community was seen to live in

peace and harmony.

2.3.3 Penalties

Each regulation is given its own penalty in accordance with its merit. Fines range

from simple ones to death. When one for instance, was suspected of selling the

secret of the government then he was liable for a death sentence.

If one defied the orders of the Gasa or Matadheda he would be treated as an outcast

– Kuyavigwa Yumeni (Pokomo), Yakka (Orma). The people who became outcasts

were denied the use of all the resources and amenities of the community. They

would not be attended to by anyone including the members of their own families.

One would suffer until he repented and begged for mercy before he was allowed to

perform certain rituals. And be received back to the community.

The council of elders (Gasa and Matadheda) today does not authorize heavy

penalties such as death; instead they can authorize that those who defy cultural

norms become outcasts. When such people die before pleading for forgiveness, the

family members will bury them without the help of other villagers who would also

become outcasts if they would offer to help.

Page 46: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

32

2.3.4 Appeals

When one felt discontented with the decision arrived, at his council of elders he

would refer the case to the neighboring councils for hearing. If, thereafter he still felt

dissatisfied he would appeal to the head of all the Gasa/Matadheda who would then

call a meeting of all the community elders to hear the case.

2.3.5 Inter-Ethnic Conflicts

When such conflicts would occur, elders from both communities would involve a

neutral community – Msidhacha. The parties to the conflict would convene, look

into the causes of the conflict and where possible, settle the conflict and then

reconcile. The offender would be identified and fined. Thereafter a ceremony would

be conducted to make peace – Ibisa. Ibisa is an Orma word for a reconciliation

ceremony and it is used by the Pokomo to mean a reconciliation ceremony between

the Pokomo and the Orma. There has been no need to have reconciliation

ceremonies with other neighbours such as the Giriama who are seen as brothers and

sisters of the Pokomo.

Table 2.2 shows the definition of some of the terms, malka, nyungu ya wayume or

sororo mangudo, barhe, Nkambi, msidhacha.

Rituals and ceremonies

There are a number of rituals and ceremonies conducted by the people of Tana River

for instance, ibisa, miri, majambura, biga madzi/bifa maji, ebb naghea, jilfenno,

magassa, balchoma, darmin, hinesse, wale as shown in Table 2.3.

Page 47: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

33

Table 2.2: Local Terminologies

Local term English meaning

Malka Point identified and reserved as a livestock

watering point along the river

Nyungu ya Wayume or Sororo

Mangudo

This is a fee paid to the elders as a sitting

allowance. It is also referred to as Barhe

Barhe This is a fee paid when one assembles elders or

members of a clan to seek favors, property or use

of a resource, example, when asking for farming

land, negotiating for a marriage et cetera

Nkambi Quarantine imposed in a certain area to restrict

the community from misuse of a certain resource

Msidhacha

This is a middleman. When two parties are in

conflict, a middleman or a neutral community is

invited in order to make a fair judgment. This

man or community that does not come from any

of the conflicting communities or clans is called

Msidhacha

Source: ALRMP, June 2001

Page 48: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

34

Table 2.3: Rituals and ceremonies

Local term English meaning

Ibisa - A blessing ceremony usually conducted during the opening of

a malka. It is also conducted during severe drought to pray for

rain.

- Reconciliation and blessing ceremony usually after conflicts

especially where there was bloodshed.

Miri A dance conducted during circumcision ceremony.

Majambura Funeral ceremony. All the bereaved families in a given period

would assemble at an identified place usually the headquarters

of that community to conduct the ceremony. This would take a

number of days usually a week

Biga madzi/Bifa

maji

- This is a ritual to bless one. Elders from the community or the

clan would assemble the identified people to be blessed. They

would then sip some water and spit it over the body of those

being blessed. It is believed that after this ritual one will

succeed in everything that he/she undertakes.

- It is also performed upon somebody who has repented and

asked for forgiveness.

-It is a ceremony performed when couples divorce; they get

blessings from the elders to start a new life successfully.

Ebb Naghea This is conducted when there is severe predation of livestock by

wild animals. Prayers are conducted to cleanse the calamity. It

is also a funeral ceremony

Jilfenno, Magassa,

Balchoma, Darmin

Hinesse, Wale

These are Orma dances usually played by the youth, also during

wedding ceremonies

Source: ALRMP, June 2001 (and Key Informant Interviews held from September 2002-

January 2003).

Page 49: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

35

CHAPTER THREE

LITERATURE REVIEW AND THEORETICAL FRAMEWORK

3.0 Literature Review

3.1 Introduction

Conflict as a concept poses many problems, although its effects can be felt. Some

outsiders may see a conflict in a society but those involved in it may not see it, until

later when they suffer from the unpleasant consequences (Mwagiru, 2000:1).

Mwagiru goes ahead to point out that some cultural gestures may be reconciliatory in

one culture but offensive in another hence there are different cultural perceptions

about conflict (Mwagiru, 2000:1-2).

A conflict arises when two or more parties have incompatible goals (Mitchell, C.R.,

1998:15-25). Some of the effects of conflict, wherever it is located, is to dislocate

valued relationships, and to cause stress on the structure on which relationships are

based (Mwagiru, 2000:4). However, some scholars have argued that conflict can be

beneficial too (Reuck and Banks, 1984:96-111).

Early studies of the interaction between pastoral and agricultural land use in Africa

emphasized the symbiotic, rather than the competitive dimensions. The positive ties

took the form of exchanges of agricultural products for livestock products, and

exchanges of organic fertilizers (manure) for post-harvest fodder (Peter Little, 1987:

195). However, occasional occurrences of conflicts were not adequately reported.

The reason for poor reporting may have been because of ineffective media or remote

geographical location of the sites of conflict.

In Kenya a number of ethnic conflicts have been experienced in recent years. The

table below shows the ethnic groups involved in conflicts and their respective

territories or provinces. As the table below reveals, most of the clashes were in the

Rift Valley, followed by Nyanza provinces.

Page 50: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

36

Table 3.1: Ethnic Land Disputes in Kenya by 1997

Clash zone Province Ethnic groups involved

Gucha/Kericho Nyanza/Rift valley Kisii versus. Kalenjin

Gucha/TransMara Nyanza/Rift valley Kisii vs.Nandi/Kakamega

Moi’s Bridge Rift valley Bukusu (Luyia) vs.

Kalenjin

Narok Rift valley Kikuyu vs. Maasai

Nakuru Rift valley Kikuyu vs. Kalenjin

Uasin Gishu Rift valley Kikuyu vs. Kalenjin

Rombo Area Eastern/Rift valley Kamba vs. Maasai

Likoni/Kwale Coast Upcountry groups vs

Mijikenda

Migori/Gucha Nyanza Luo vs. Kisii

Migori /Kuria Nyanza Luo vs. Kuria

Mt Elgon Western Sabaot (Kalenjin) vs.

Bukusu (Luyia)

Transnzoia/ West Pokot Rift valley (Pokot) kalenjin vs. Luo

Source: Kagwanja, 2002:p.13

Page 51: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

37

3.2 Causes of Conflicts

Conflicts at whatever level, have, many different causes (Mwagiru, 2000:4). It can

be argued that, the major cause of conflict, be it interpersonal, inter-communal or

interstate is due to lack of fulfillment of needs.

The main reasons for the conflicts that occurred in Western, Rift Valley, Nyanza and

Coastal Provinces of Kenya in the year 1992 have been that ethnic groups fought for

land resources, designated as ethnic territories (Kagwanja, 2002:16). Natural

resources of land form the most basic requirement in any social organization

(Chisholm and Smith, 1990:1). There was delineation of some regions by some

ethnic groups and an increased clamour for the federation of Kenya, which led to

ethnic cleansing (Republic of Kenya, National Assembly, 1992).

The conflict in Tana River and Lamu districts during 1992 were attributed to the

influx of refugees and repudiation of age-old traditional grazing zones set-aside for

specific ethnic groups (Ibid.). The ethnic groups that had kith and kin in the

neighbouring countries were accused of lack of cooperation in assisting to disarm

incoming refugees (Ibid.).

Homer-Dixon (1993:38) states that some skeptics claim that scarcities of renewable

resources are merely a minor variable that sometimes links existing political and

economic factors to subsequent social conflict. This is to say that other factors

usually act as triggers to merely resource limitation, such as inflammatory statements

issued by politicians with the sole reason of mobilizing ethnic groups to fight for a

political gain among other factors.

Okidi (1994:1) has given the causes of conflicts in Africa as a by-product of political

and social tensions, some of which may be aggravated by the widespread poverty

and squalor associated with drought as well as water shortages. Thus droughts and

conflicts often coincide and suggest direct causal relations. In addition to the

argument that poverty begets conflict and vice versa, whether due to droughts or

general human insecurity, which creates, fear and lack of investment. Droughts and

limited resources in an area leads to movement of people which more often than not,

Page 52: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

38

leads to clashing as people of different cultures and modes of livelihoods come into

contact.

Maasai leaders said that the 1993 Enoosupukia clashes were caused by Kikuyu

settlers who were suppressing the Maasai, taking their land, and degrading their

environment. The settlers it is argued, had cleared forests, used the trees for charcoal

burning, practiced agricultural activities which degraded the environment and put the

Maasai at great ecological risks (Kagwanja, 2002:15). The Enoosupukia clashes

occurred on a background of drought (1993/94) which threatened the Maasai

pastoral economy and hence leading to conflict with the Kikuyu farmers. The main

issue was that the Maasai could not graze their animals freely on individually owned

plots of land.

Recent land acquisitions for development efforts such as the Bura and the Tana delta

Irrigation Schemes, proposed ranches and grazing block allocations, and proposed

land adjudication, considerably increases the pressure on pastoralists grazing areas

and their lifestyles as a whole according to Baxter (1991:119). Baxter does not

mention that such changes are potential causes of conflict. People are generally wary

of social change, this is because they do not know what to expect, and this can cause

resistance to new ideas, especially at the implementation stage. These land use

changes if they do not offer alternatives to the affected people, can lead to tensions

which can give birth to conflicts.

3.3 Ethnic Clashes and their Impact

Clashes displace people leading to creation of centers, which would be highly

detrimental to the environment because such areas place people with nothing but the

immediate environment to exploit according to the National Council of Churches of

Kenya (NCCK, 1992).

In October 1993, Maasai Morans attacked Kikuyu settlers, killing over twenty (20)

people and displacing more than thirty thousand (30, 000) others, from Enoosupukia

in North Narok. The displaced were forced to stay at camps or centres for example,

the Maela camp near Naivasha town leading to pressure on public services

Page 53: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

39

(Kagwanja, 2002:15). Ethnic conflict has led to people abandoning their farms this

has a gross bearing in their domestic economy and lack of adequate security which

usually continually hinders farmers from going back to till the land (NCCK, 1992).

In Endebess, Gituamba and surrounding areas (in Kenya) where it is mainly the

Luyia, Kikuyu, Teso, Luo and Kamba ethnic groups – people believed to be of the

Kalenjin tribes of the Sabaot and Nandi sub-groups attacked them. Houses were

torched, together with maize farms with unharvested corn, animals were stolen,

farms were abandoned, people were displaced who later overpopulated some

neighbouring centres, social services provision were haltered (for instance, water

supply, education et cetera), they could no longer be available with the displacement

of people.

On March 7, 1992, a Daily Nation correspondent reported on the unsettling

revolution;

Scores of displaced men, women and children, their salvaged personal effects on

their heads and shoulders, stream endlessly to makeshift shelters.

This referred to conflict victims, who in the long run, having nothing for survival

would start exploiting the natural resources in an unsustainable way leading to

environmental degradation.

The National Council of Churches of Kenya, which sheltered thousands of displaced

victims, estimated that within six months of the clashes, in 1992 approximately a

hundred thousand (100,000) people had been displaced. An official Kenyan

Parliamentary Committee Report in September 1992 indicated that the clashes had

resulted in 779 dead, 600 injured and 56 000 displaced (Kagwanja, 2002:14-15). In

1997 violence which had erupted in the Coast left 100 people dead, and displacing

over 100 000 others. It can be estimated that between 1991 and 1997, ethnic violence

throughout the country left over 3000 people dead and over half a million others

displaced (Ibid. p15).

With these figures Kenya is not at war, but it seems to be competing with countries

affected by war. There is a great need of enhancing human security in Kenya so that

Page 54: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

40

citizens can be free from fear and free from want. The immediate step is to manage

these conflicts so that durable peace can be obtained.

3.4 Conflict Management

There are two major methodologies of conflict management; these are settlement and

resolution (Mwagiru, 2000:38).

3.4.1 Settlement of conflict

Settlement of conflict is based on the knowledge that, given the anarchical nature of

society and the role of power in relationships in situations of conflict, the parties

involved may be forced to live with accommodations that they may not be happy

with. The parties to a conflict it is argued each possess some power, and it depends

on whose power will be dominant. Power and its manipulation are seen as the basis

for relationships. Therefore power determines the process and the outcome of

conflict settlement (Ibid. p40).

The disadvantage with this approach is that, since the outcome of settlement depends

on existing power relationships between the parties as soon as the balance of power

between them changes the bargain once reached will have to be re-evaluated.

Another disadvantage of this method is that the weaker party accepts the outcome

because it has no power to contest it, and may therefore not be happy with the

outcome or bargain. Therefore settlement is generally Zero-sum in nature because;

the gains made by one party represent a loss to the other party. Settlement of

conflicts cannot therefore lead to sustainable peace because of dissatisfaction of one

party.

An advantage with this approach is that it is fast and therefore time is not wasted to

manage the conflict.

Page 55: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

41

3.4.2 Conflict Resolution

Resolution of conflict is non-power based, and non-coercive. The outcome is likely

to endure because the parties find the outcome legitimate. Resolution of conflict is

not Zero-sum. The gain made by one party therefore does not entail a corresponding

loss to another party (Ibid. p41).

Resolution is based on the belief that at the bottom of every conflict there are needs

that are not negotiable (Burton, 1990). The non-fulfillment of these needs causes the

conflict in the first place. Conflict management it is argued should aim at identifying

ways in which these needs can be fulfilled for both parties. An advantage with this

approach is that, there is mutual fulfillment of needs to the parties involved.

Therefore peace obtained is likely to be sustainable. One disadvantage is that the

process of resolution of conflicts may take a long time.

On Wednesday 29th

April 1992, the National Assembly in Kenya passed the

following resolution:

THAT, while appreciating the Government efforts to stop tribal clashes in western

and other parts of Kenya, and in view of the continued fighting in the region despite

these efforts, and considering the repercussions this has on our government locally

and internationally; This House resolves to appoint a select committee to probe the

root causes of the fighting and to make recommendations with a view to averting

such incidents in future (Republic of Kenya, The National Assembly, 1992).

The government here is mainly concerned not with the number of people who are

dying, the crippling of their economic activities or even their displacements, but

rather with the image of the government at the local as well as the international

arena.

There are usually early warning mechanisms of potential ethnic violence. For

instance in Kenya, the Weekly Review of May 26th

1995 quotes Mr. Ole Ntimama (a

minister in the Government of Kenya) as having said;

You Kikuyus, if you do not vote for me, I will be elected and if you don’t vote, for

me, you shall be attacked and shall be evicted from Narok.

Page 56: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

42

However, the government usually takes a helpless stance in circumstances that

would otherwise be considered incitement and a breach of the peace, which is

punishable before the laws of Kenya.

This is the kind of violence, which Adedeji (1999:9) also describes. He argued that

there is enough evidence to support the view that the elites in African societies,

particularly members of the political class, have shown no restraint in manipulating

the people through feeding them with prejudices about ethnic groups in order to win

their support for achieving their own self-centred objectives. In Africa this is done to

win votes usually and no action is taken against such inciters by the government, as

long as they remain loyal to the government in office.

On March 7, 1992, a Daily Nation correspondent reported that property belonging to

the occupiers of Koguta settlement scheme along Kisumu-Kericho road had been

burned as anarchy prevailed. The policemen were said to have passively stood by as

houses were looted and set alight by Kipsigis tribesmen. If the government takes

such kind of a position then facilitating conflicting groups with an aim of managing

the conflicts is made increasingly difficult to attain positive results.

3.5 Theoretical Framework

3.5.1 The theory of dialectical materialism

According to Karl Marx (Rosenberg and Coser, 1969) the great industry brings

together a crowd of people who are all different. Competition divides their interests.

However, one common interest is the maintenance of their wages, which unite them

against their employer. Thus they are united in the idea of resistance and

combination. This combination or cooperation has double ends, one, of eliminating

competition among themselves and two, enabling them to make a general

competition against the capitalist. The capitalists combine with the aim of repression.

Marx discusses intra-group conflict. He does not, however, discuss anything to do

with inter-group conflict. According to Marx therefore, whenever, there is a conflict

one group tries to dominate the other. In the case of the Tana conflict, both groups

Page 57: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

43

claim to be the original inhabitants of the land. The farmers think they have a right to

continue living in their land and the pastoralists think they have a right to return to

their land whenever they want to.

Duffield (1991:14) has suggested that pastoralists, usually, are not interested in

controlling territory, what is at stake for them is free access and use. None of the

groups may want to dominate the other in the Tana. They would nevertheless desire

that ‘the other’ leave the land completely so that freedom to use the natural resources

in the region can be experienced. This brings about conflict because they have

conflicting goals in the use of the same resources – land, pasture and the river water.

The conflict is therefore between two different groups with different ideas of using

the resources of land, pasture and water. Both groups have different interests thus.

The farmers would like to keep farming near the riverbanks and the pastoralists

would like to graze near the riverbanks once in a while. What seems to be the

problem from the point of view of the researcher is how best adaptation should take

place without necessarily encroaching on the other’s right to use the same resources.

3.5.2 Human Ecological theory

According to Julian Steward the principal meaning of ecology is “adaptation to the

environment” (Steward cited in Bohannan and Glazer, 1973: 322). The concept of

adaptive interaction is used to describe the web of life in terms of competition,

succession and other auxiliary concepts. Initially ecology was employed with

reference to biotic assemblages. However, the term has been extended to include

human beings as part of the web of life.

The theory assumes that people respond to environmental factors through their

culture and they keep generating another culture through the process of adaptation.

The theory aims to explain how human beings employ cultural resources to exploit

their physical environment in order to meet their needs. Culture makes possible the

acquisition of new techniques or new use for old techniques, regardless of origin to

any environment for survival. It is assumed that the Tana-River people had adaptive

Page 58: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

44

strategies to cope with the fact that they are of different cultures but have interests in

common resources.

The problem with Steward’s theory is that it emphasizes on subsistence. However, it

has been argued that historical and political factors are part of the total environment

to which populations adapt and must not be dismissed as secondary (Moran,

1982:44). Steward had little to say on competition with other groups in a given area.

A small group of the pastoralist Orma is trying (though at a rather slow pace) to live

sedentary lives and practice agro-pastoralism, however the majority depends solely

on livestock for their livelihood, and this is because almost all cultural practices are

centred on livestock. As Smith (1992:15) has argued to be pastoralist or not to be

depends on ones self-definition. The Orma and Wardei communities in Tana-River

prefer to be referred to as pastoralists. The community looks at a person with less

stock as being very poor despite the fact that he may have a lot of money. This may

explain why the pastoralists seem to be “static” with regard to adapting to new ways

of survival.

The farmers on the other hand farm various crops and also keep mainly small stock

such as goats and sheep. It is important for the conflicting groups to adapt to social

as well as ecological changes in the arid and semi-arid district of Tana-River. The

pastoralists adapt to new ways or techniques of ensuring that their herds and the

community as a whole survive during drought periods by being mobile and having

stock associates among other coping strategies. However this movement affects

sedentary communities, because the livestock may pass through farms or graze in

planted farms causing tensions and finally conflicts.

Rosenberg and Coser (1969: 218) have argued that both Coser and Simmel see

conflict within a group as helping in establishing unity or re-establishing unity where

it has been threatened by hostile and antagonistic feelings among members. Yet, not

every type of conflict is likely to benefit group structure. Whether social conflict is

beneficial to internal adaptation or not depends on the types of issues over which it is

fought as well as on the type of social structure within which it occurs. Internal

Page 59: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

45

conflicts in which the contending parties no longer share basic values upon which

the legitimacy of the social system rests threaten to disrupt the structure.

Intra-group conflicts may allow for change of norms because they may not be deadly

violent conflicts. Among the Pokomo there is a ban on the use of any weapons other

than fists and sticks in brawls with other Pokomo (Bunger, 1970:3). Further, any

Pokomo pointing a knife or sharp object at another or telling another person that ‘I

will kill you’, is perceived as having killed in his mind. This is strongly discouraged

during the socialization process. However, use of weapons was allowed in fights

with the Orma and Wardei. Our hunch is that intergroup conflict may cement intra-

group cooperation as long as the conflict is still in existence.

Simmel admits that conflict can cause or modify groups. He also agrees with

Gluckman’s view (Gluckman, 1959:2) that conflict is a form of human relationship

and that it leads to the establishment of cohesion. However conflict means more than

the trivial “si vis pacem para bellum” (if you want peace prepare for war); it is

something quite general of which this maxim describes only a part. According to

Simmel therefore, it is not a fair judgment to say that conflict is always negative and

retrogressive (Simmel, 1955). In the Tana conflict the negative effects of the conflict

seem more pronounced than the positive effects. These negative impacts of the

conflict leave nothing to be desired of the conflict phenomenon having significant

positive functions. However, it may be possible that the conflict will be resolved as a

result of modern methods merged with traditional laws of conflict resolution.

However, this does not mean that all types of conflict can be completely resolved

once and for all. This brings us to the unfortunate realization that conflict cannot be

erased completely from the face of the earth (Dahrendorf, 1969: 224).

Dahrendorf (Ibid.) argued that with social change it is important to look at special

causes or circumstances that lead to conflict. To be sure we do not have to assume

that conflict is always violent and uncontrolled. In formulating explanations for

conflict we must never loose sight of the underlying assumption that conflict can be

temporarily suppressed, regulated, channeled, and controlled but that neither a

Page 60: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

46

philosopher-king nor a modern dictator can abolish it once and for all Dahrendorf

states (Rosenberg and Coser, 1969:237).

In Tana-River, the conflict between the pastoralist Orma and the Wardei on the one

hand and the peasant Pokomo farmers on the other has a perennial character (as

stated earlier). Initially rules were respected. The pastoralists were allowed

pasturelands and water corridors called “malka” in the dry season by the farmers.

Immediately after the dry season was over they would go back to the hinterland, this

was respected. Today there is no such respect and it may be time for the Government

to actively get involved in making sure that set rules, traditional or a merger of

traditional and modern are followed especially if there is no willingness by both

groups to stop the conflict. This may be due to the fact that hostility has been

institutionalized and that it is partly a problem of perception.

3.5.3 Theory of perception

Children build a “self-image” partly because they are trained by others to do so,

especially adults. For a full sense of “I,” social interaction is required, since the “I”

develops through awareness and acceptance of the evaluations made by others

(Chadwick-Jones et al., 1979:72). While thinking about other persons, we have to

consider our feelings about them, what we think are likely to be their responses, and

what they assume or think about us. Moreover, we may have to guess what others

think that we think about them or even what others believe we think that they think

about us. In this way we touch on the subtle ways in which we think about other

persons even in everyday situations. (Ibid.p73).

An individual or a group of people such as a community will see reality from the

side of their culture. Correspondingly one sees a resource and its uses according to

their culture or community. This depends on their socialization. The pastoralists

perceive certain resources as being pastoral and they may think other people have no

right over their use and the farmers the same way.

Page 61: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

47

The Orma pastoralists and the Pokomo peasant farmers share resources and though

they perceive these resources differently they should not fight but should come up

with a solution for these conflicts.

3.6 Assumptions 0f the Study

1. Under normal circumstances, conflict like cooperation is multidimensional

and multifaceted in cause and consequence. Tana River being an arid and

semi-arid District, it is however, expected that conflict between the pastoral

Orma and Wardei and the agricultural Pokomo is about ownership and use of

land, pasture and water resources.

2. Environmental factors and the distance between the Orma, Wardei and

Pokomo cultures leading to different perceptions towards resources and each

other are probably some of the causes of conflict between the two groups that

pursue different kinds of livelihoods.

3. Owing to the intensity of conflict historically it is possible that the impact or

consequences are multidimensional that is, physical, social, economic,

cultural and psychological and as long as there are no environmental and

cultural changes the conflict will continue.

Page 62: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

48

CHAPTER FOUR

METHODOLOGY

4.0 Methods of data collection

The study put to use both field methods and secondary sources of data collection,

which were relevant to the study. The collection of data was done during the period

starting from September 2002 to January 2003.

4.1 Field methods

A field methodology was used combining a number of survey techniques such as

interviews with key informants, focus group discussions, informal interviews,

questionnaires, participant observation and also extended residence in the

community under study for five months.

4.1.1 Participant Observation

The researcher attended peace meetings organized by the two conflicting groups and

was requested, in one of the meetings, to give a talk on the conflict situation in the

area and the way forward. This method enabled the researcher to see how the people

behaved in their natural setting when they know they are not being observed.

Therefore the method enabled the researcher to get information that could not be

obtained in the other methods applied for data collection.

The problem with this methodology is that the researcher, at some point got very

terrified and uneasy when the farming community went to a neighboring pastoral

village to make peace and were all confined in one room. The Orma Pastoralists

preferred to stay out, as the Pokomo felt surrounded. A sudden feeling of suspicion

engulfed the researcher. While the rest of the participants, indoors, kept watching out

for danger. The researcher then requested the Pokomo headman to talk to the Orma

headman that an open-air meeting would be better since it was too hot to conduct the

Page 63: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

49

meeting indoors. Following the request an open-air peace meeting was held and

many people looked more comfortable, it was observed.

The meeting went on well and people ate and danced after the peace talks. However,

the researcher became expressively involved when after all went well, and the

Pokomo crossed the river to their village, everybody had crossed the river well

except one canoe which was hit by a hippopotamus and capsized. All swam except

one person who was attacked by the beast. Everybody in the village was grief-

stricken, the researcher then decided to stay with the family of the victim as village

rescue teams were sent with canoes to look for the body. The researcher became

distressed and could not go about her work as usual until after the funeral.

Meanwhile the incidence was seen as lack of good will by the Orma to go for peace.

4.1.2 Informal Interviews

Victims of the violence, and other people were interviewed while travelling in the

buses, on their farms and the peace meetings that were attended. This method acted

as a check to see whether people were giving honest responses or not as they would

fill the questionnaires.

4.1.3 Questionnaires

This technique relied on the administration of questionnaires to the community in

Garsen division in three locations. A sample of 150 people was drawn from the three

locations namely; Ngao, Shirikisho and Oda-Wachu locations. Also 100

questionnaires were randomly distributed to students in two secondary schools in the

division; Tarasaa and Ngao.

This method was time consuming and expensive due to the training of research

assistants, production of the questionnaires and travelling expenses involving

distribution and collection of the questionnaires. A lot of time had to be used in

explaining to the people that the research was just an academic exercise. After

people had become suspicious of the exercise and afraid they will be jailed for

giving the researcher information relating to the conflict. The research assistants

Page 64: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

50

helped greatly in assuring the community of the academic nature of the research and

the people trusted them because they came from their areas. This in turn was an

advantage because apart from the research assistants facilitating the acceptance of

the respondents to fill the questionnaires they also facilitated the explanation of the

questions in terms and concepts that were understood and familiar to the

respondents.

The suspicion by the local community may be explained by the fact that the

government had taken a helpless stance in all the insecurity situations in the area.

4.1.4 Key informant method

Key informant interviewing is a form of interviewing in which only some of the

questions are predetermined. This method was used to get information from selected

key informants who were knowledgeable on the conflict situation in the study area.

This method entailed the interviewing of key informants from the Pokomo as well as

the Orma communities.

In Ngao location one Chairman of the Pokomo council of elders (Gasa) was

interviewed and in Oda-wachu location one chairman of the council of elders of the

Orma and Wardei (Matadheda) was interviewed with the help of a translator. An

Orma ward (a ward is an area administered by a councilor) councilor from the Oda-

wachu location was also interviewed. Government officials, two chiefs, the

Divisional officer and the District Commissioner were also interviewed.

Information collected from these people included their experiences and their roles in

the conflict. A key informant interview is useful when one wants to gain some

insight into a particular subject or when data collection is done on a complex or

sensitive matter.

4.1.5 Focus group discussions

Focus group discussions take advantage of group dynamics. This method allowed

the respondents to be guided by a skilled moderator into increasing levels of depth

Page 65: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

51

on key issues to be covered by the study. The people involved were able to talk in a

free environment on general issues related to the study such as; causes of the

conflict, its impact and traditional methods of conflict resolution.

The focus group discussions therefore provided an opportunity for group

interactions, which generally stimulated richer responses and allowed new and

valuable thoughts to emerge. In addition, the moderator (the researcher) was

privileged to gain first-hand insights into the respondents’ behaviors, attitudes,

language and feelings.

The discussions involved five groups. One from the farmers’ side and four from the

pastoralists’ side. Interviews were conducted in a relaxing manner so as to probe the

group to discuss issues about the conflict. The group discussions enabled

clarification to be sought. Further, most of the members of the group tried to answer

a question in their own perception of the situation and when a person seemed to have

forgotten something a response from one member of the group triggered another to

remember.

The group discussion was also helpful in that the researcher needed to just start a

discussion on a single issue and the rest picked it up and discussed it exhaustively.

Probes were used to elicit additional information where need be. This method took a

lot of time because rapport had to be built to keep the group at ease. The people were

generous with the information as they narrated how they dealt with conflicts in the

olden days, how today the traditional administrative structures have been weakened

and what can be done to strengthen them.

The elders appreciated that their traditional methods of governance and resource

management was going to be documented and gave information generously.

However, they liked diverting from main issues and this was not very interesting

sometimes, and sometimes it was interesting because it made people laugh and thus

acted as an ice breaker to those who felt ill at ease. Even after about three hours the

elders were not ready to let the researcher go because they said young people no

longer asked for maghaghisa (asking about the traditional way of life) a thing they

used to do themselves when they were young.

Page 66: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

52

4.2 Sampling methods

A total of five locations were purposively selected for the study; this was because

some locations were purely inhabited by farmers and others by pastoralists. One

hundred and fifty households were interviewed randomly from three locations, 50 in

each location. Five focus group discussions were conducted one, from the farmers’

side and four from the pastoralists’ side. The pastoralists’ focus group discussions

were conducted in two other locations. In addition 100 students were interviewed

randomly from the two secondary schools in the division.

4.3 Secondary data

The secondary data presented in this study have been derived from documented

information that existed in one or more of the following forms;

1. Textbooks and archival records

2. Reports – example, workshop reports. Published and unpublished reports

3. Newspapers

These sources served to complement primary data and were also used to corroborate

oral testimonies.

4.4 Data analysis

Data analysis in this study has largely taken the form of tabulation, frequencies et

cetera.

4.5 Limitation of the study

This section deals with the main problems encountered in the field during the

research and some of the shortcomings of the data collection.

The data collection coincided with great insecurity in the area partly due to the fact

that conflict experienced in the year 2001 was far from being resolved and therefore

there was poor community relation. Also because of the fact that the district had

Page 67: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

53

suffered insecurity since independence due to the shifta-bandits menace. The shifta

war was as a result of Somali people in Kenya wanting to secede to join the Somali

republic. The shifta-bandits are a remnant of shifta-war and they would attack

riverine villages, rob, rape and kill their victims as well as attack public transport

such as buses.

The researcher in September 2001, during an extended stay in one village shifta-

bandits attacked the little village of Sera at night demanding for money as they beat

up people, as a way of creating fear and giving them what they want, fortunately,

nobody was killed. However, the attackers kept shooting wildly in the air and the

villagers said they were used to such incidences. Although the researcher is an

inhabitant of the division under study she had never come face to face with the so-

called shifta-bandits. Asked who they thought the attackers were, the people

suspected their Wardei neighbors, because some of the attackers spoke a language

that was closer to Orma but not Somali (most of the shifta-bandits have been

Somali). The Wardei reported that they did not attack their neighbours. This

occurrence affected the researcher who decided to abscond doing research in the area

altogether since it was alleged that the attackers were likely to be visiting the place

again.

The researcher decided to leave the village for the reason that her life would be in

danger upon further stay. She then boarded the only available vehicle to the nearest

town of Garsen. While in the vehicle (the vehicle carried both people and small

stock) the Wardei kept pushing the animals towards the researcher and saying kaffir

(unclean) to the researcher and the animals. It was uncomfortable to travel with goats

in the same vehicle not to mention having to sit too close to them. The researcher

could not tell the driver to stop so that she could alight because the area was bushy

and the researcher would not have known her way out from that bush, besides there

were wild animals so the researcher had no choice but sit near the animal. From that

experience the researcher was so taken aback that she decided to take some two or

three days of respite. After the break she felt confident again knowing what to expect

and then decided to reduce her extended residence to a few places where she felt

secure.

Page 68: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

54

Some areas were inaccessible due to inadequate infrastructure. Few proper roads are

available and the researcher and her assistants had to trek for long distances before

they could reach their destination. The rains (November and December) had cut off

some areas from main centres consequently affecting road transport. Bicycles were

used to shorten the walking distance, so that people only walked in the muddy areas.

The administration of the questionnaires was laborious and time consuming. This is

partly because some of the respondents wanted to be paid for giving the researcher

‘valuable information’. There was a general feeling that the researcher was going to

benefit alone from the results of the study since some Non-governmental

organization was thought to be funding the research project. Some of the respondents

were scared to give information thinking that the investigation was being done by the

Criminal Investigation Department (CID) of the government of Kenya and then

security people would be sent to arrest people. However, the use of local research

assistants coupled with detailed explanation of the nature of the study eventually

eliminated or minimized the suspicion.

Religious leaders, such as pastors in the churches helped in informing the people that

the research was purely an academic exercise. The results of this were exquisite

because many people kept coming to look for the researcher so that they could get

the questionnaires and fill them. Many were disappointed when the questionnaires

were over.

The focus group discussions were a bit slow in some areas this was because

translators had to be used. However, even when the meeting took too long the

researcher managed to get the information that required.

This study was seriously confounded by lack of reliable information on the state of

ammunition within the communities and whether or not the communities formed

‘tribal’ armies to fight each other.

Page 69: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

55

CHAPTER FIVE

RESULTS AND DATA ANALYSIS

5.0 Introduction

The previous chapters have presented background information to the study. This

section focuses on findings of the study. The results and data analysis section is

organized into three main themes. The first of these is a general view of the conflict

situation in the study area and its causes; the second theme is the impact of the

conflict and lastly conflict management.

Before going into the discussions of the three themes, the characteristics of the

respondents will be shown.

5.1 General characteristics of survey respondents

During the administration of the questionnaire, respondents were required to give

some general information about their socio-economic backgrounds. This information

was on gender, age, level of education and ethnic group. These variables are

important in that they show how the two conflicting parties perceive the conflict in

terms of causes, impacts and how the conflict could be resolved.

The survey sample consisted of 250 respondents. One hundred of whom were

students (filled a student questionnaire).

Socio-economic characteristics of households – Standard questionnaire

By gender 71% (106) of the respondents were males while 29% (44) were females

(Table 5.0). The fact that there were more male respondents interviewed than

females is because when the interviewer went to a home and found both husband and

wife or a man and a woman, the man would dominate the conversation. The

interviewer then ended up giving the man the questionnaire. Sometimes the woman

in the house directed the interviewer to the man probably sitting outside the house.

Page 70: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

56

The woman shied away from accepting to fill the questionnaire and where they

accepted to take a questionnaire they promised the interviewer that they would give

it to their husbands, claiming that they do not know the answers to most of the

questions. Most of the women would not talk in the presence of their husbands

though the interviewer noted that the men kept encouraging the women to participate

in the discussions.

The Pokomo and Orma communities have a patrilineal system of culture, where ones

identity is through the fathers’ line. Women who are married stay at their husband’s

home or village (partrilocal). Most of the women from the two communities have not

been exposed so much to the outside world. Most of the Pokomo women get married

after secondary school education. However, the Orma women rarely go to school,

and are not allowed to converse where men are. Orma men discipline their women

for standing to talk or greet men, particularly men who are not Orma or Wardei. The

researcher therefore had to go to Orma and Wardei villages alone without her two

male assistants. The women (at their homes) from the two conflicting communities

seemed to dread being the betrayers of their families and their respective

communities by jeopardizing their family’s and community security through

answering sensitive questions. Therefore they would choose generally to let the men

control the discussion.

Most of the Pokomo women are married to men who are more educated than they

are and prefer that the men fill the questionnaires. However, Pokomo women

comfortably speak in public forums (not in their homes, where they might feel

inadequate) while Orma women cannot speak comfortably in public (as observed in

one of the women peace meeting, with participants from the two conflicting

communities attended by a few male elders). However, it was possible to informally

interview some Orma/Wardei women who gave informative answers (though not

very clearly since most of Orma and Wardei women did not know Swahili, the

Kenyan national language). However, these women asked the researcher to assure

them that the she will not reveal to the rest of their community members about the

conversation, which took place. This is because they claimed that they might be

killed, if it is known that they provided any information at all about their

communities to strangers.

Page 71: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

57

The respondents were also asked to identify with their ethnic group. Majority of

them, 67% (100) were Pokomo, 18% (28) were Orma, 9% (13) were Wardei and the

group, which formed other ethnic groups, were 6% (9). Most of the respondents

were Pokomo because most of the Orma and Wardei are relatively more illiterate

and could not fill the questionnaires in large numbers (however, their views have

been represented in other methods of data collection such as the key informants and

the focus group discussions). Out of the five focus group discussions held, one was

from the Pokomo farmers’ side and four from the pastoralists’ side; two from the

Orma community and two from the Wardei community.

The variable of age was also assessed by classifying the respondents into seven

categories: those under 20, those between 20-29, 30-39, 40-49, 50-59, 60-69, and

those of age 70 or over. It was found that 3% were those who were under 20, 29%

were those falling in the group of 20-29, then those with ages 30-39 were 19%, 40-

49 were 18%, 50-59 were 19%, 60-69 were 8% and 70 or over were 5%. The

questionnaires were mostly filled by youths in the age-category of 20-29 years old.

Respondents were also asked to indicate their level of education attained. Levels of

education were categorized into seven groups too: ‘no formal education’, ‘primary

school and less’, ‘secondary school and less’, ‘college’, ‘diploma’, ‘degree’ and

‘post-graduate’ categories. Those who had not received formal education were 10%,

while the rest had the following percentages, primary school and less – 14%,

secondary school and less – 25%, college – 33%, diploma – 11%, degree – 4%, post-

graduate – 2%. Most of the respondents who filled the questionnaires were either in

college or had cleared college education.

The pie chart (figure 5.1) illustrates the distribution of respondents according to

ethnic group, while the graph (figure 5.2) represents distribution of respondents

according to age.

Page 72: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

58

Socio-economic characteristics of students – students’ questionnaire

The socio-economic characteristics of the students’ respondents were found to be

mainly female Pokomo and most of the respondents were in form four (Tables 5.1,

5.2, 5.3 and 5.4). The fact that most of the students were in form four is because the

data collection coincided with the teachers strike in the country such that only form

four candidates were allowed to be in school. Most of the male students were not

comfortable to accept filling the questionnaires because they were involved in the

conflict to a great extent (for instance, some of them were involved in actual

fighting). However, with a lot of convincing that the research is going to be

confidential they accepted to fill the questionnaires. The Orma and Wardei students

were few because most of them do not attend school; once they become teenagers

they are expected to go to Ureni (far into the hinterland) to herd livestock and the

girls stay at home to help their mothers in selling milk.

Page 73: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

59

Percentage

Pokomo

Orma

Wardei

Others

Figure 5. 1: Distribution of respondents according to ethnic groups

Page 74: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

60

0

5

10

15

20

25

30

35

40

45

50

under 20 20 - 29 30 - 39 40 - 49 50 - 59 60 - 69 70 +

Age of respondents

Ab

solu

te n

o./

per

cen

tag

e

Absolute no. percentage

Figure 5. 2: Distribution of respondents according to age

Page 75: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

61

Table 5.0: Summary of general information of the respondents who filled the

standard questionnaire

Variable name Variable description Frequency Percentage of

respondents

Gender Male

Female

106

44

71

29

Ethnic group Pokomo

Orma

Wardei

Others

100

28

13

9

67

18

9

6

Age Under 20

20-29

30-39

40-49

50-59

60-69

70 or over

4

43

28

27

28

12

8

2.7

28.7

18.7

18

18.7

8

5.3

Level of

education

No formal education

Primary school and

less

Secondary school and

less

College

Diploma

Degree

Post-graduate

15

21

38

50

17

6

3

10

14

25.3

33.3

11.3

4

2

N=150

Source: Fieldwork, 2002

Page 76: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

62

Table 5.1: Approximate ages of students in Garsen Division

Age bracket Frequency Percentage

12-14 7 7

15-17 39 39

18-20 50 50

21-23 3 3

24-26 1 1

N= 100

Source: Fieldwork 2002

Table 5.2: Ethnic groupings of the students

Ethnic group Frequency Percentages

Pokomo 66 66

Orma 18 18

Wardei 2 2

Others 14 14

100 100

N=100

Source: Fieldwork 2002

Table 5.3: Distribution of Students in Secondary Schools

Form Frequency Percentages

1 8 8

2 10 10

3 31 31

4 51 51

N=100

Source: Fieldwork 2002

Table 5.4: Gender of the students

Gender Frequency Percentage

Female 59 59

Male 41 41

N=100

Source: Fieldwork 2002

Page 77: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

63

5.2 Conflict Situation In The Study Area

5.2.1 Ethnicity in the study area

Ethnic groups according to Martiniello (1995:109) are seen as having specific

territories that function as closed containers. Once the pressure inside the container

reaches a critical stage, it explodes, allowing the ethnic sentiments to emerge freely.

Therefore, ethnicity provides a fine example of a circular argument in that, being

ethnic presupposes owning a given area and thus control of resources. Max Weber

defines an ethnic group as a subjective belief in common descent whether or not an

objective blood relationship exists (Horowitz, 1985:53).

Ethnic identity is a fact of the natural world. Everybody belongs to an ethnic group

even if one does not realize it or does not want to acknowledge the fact (Martiniello,

1995:109). It has been argued that ethnic sentiments are seen as a result of external

pressures perceived as threats to a group’s “objective” identity such that people who

have lived side by side for generations turn to burn each other’s houses (Ibid.).

Ethnic identity itself may come about due to interactions between people with

different origins and identities (Levinson and Ember, 1996:394) and it may be a

cause of conflict but not a sufficient cause.

In the farmer-pastoral conflict in Tana River, the different kinds of livelihood, land

ownership by one group in the riverine area and land adjudication exercises, which

had hardly taken off in the district, seems to be at stake and hence violence resulted.

The situation of ethnic identity in the study area is made worse due to perception of

territorial ownership, each of the ethnic groups are supposed to own specific areas,

the Pokomo peasant farmers, the riverine areas and the pastoralists the hinterland.

Ethnic identities can lead to ethnocentrism. Ethnocentrism can be defined as the

belief that one’s culture is superior to other cultures, it is also a rational choice made

by members of an ethnic group that is competing with other ethnic groups for scarce

resources (Levinson, and Ember, 1996:404). Levinson and Ember further reported

that;

Page 78: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

64

Ethnic groups that are culturally and linguistically similar, that live near one another,

and `that interact regularly are less ethnocentric toward each other than are groups

without such close ties.

The Orma and Wardei in times of farmer-pastoralist conflict seem to be less

ethnocentric toward each other than the two against the Pokomo who have a

different culture. It is argued that in situations of violent conflicts ethnocentrism is

accompanied by stereotyping, physical separation, prejudice and discrimination

(Ibid.).

Stereotyping in the Tana conflict may have aided the flare–up of conflict in the

region given that one group feels superior to the other because they believe they can

fight better. The ethnic identities (Pokomo peasant farmers and Orma/Wardei

pastoralists) underwent physical separation such that even in areas where the

conflicting groups had lived close to each other, they were displaced and separated.

The pastoralists who were a minority in Pokomo areas went to live with fellow

pastoralists such that in some areas they overwhelmed the Pokomo in those areas,

who then, became the minority group. The result was that either the Pokomo

migrated to join other Pokomo or remained to protect their land.

Prejudice and discrimination may be seen in situations where both of the conflicting

groups never sold goods to each other and never boarded the same vehicles, such

that there were vehicles only boarded by the Pokomo and others only boarded by the

Orma and Wardei communities. The two conflicting groups also stopped sharing

public roads in the period of active conflict.

Stereotypes are in place due to these ethnic identities where the pastoralists tend to

view the farmers as “poor” and “munyo” – an old word used to mean slave. In

response the farmers consider the pastoralists as “resistant to change”, “hostile” and

“wadondo” – meaning animals; perceiving them as people who think like their

animals thus causing trouble everywhere they go. Comparable with the way pastoral

clan-families in Somalia view their agropastoralists as “backward” and on the other

hand the agropastoralists considering the nomads as “anarchists”, unable to “manage

anything besides their herds” (Mukhtar, 1988). Stereotyping is exacerbated by ethnic

identities and violent conflict.

Page 79: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

65

Ethnocentrism is advantageous in that it can create group solidarity. It is argued that,

kin groups may aid the reproductive success of group members when in competition

with members of other groups for limited resources (Ibid. p 105).

Ethnicity may be defined in terms of the consciousness such that people who share

cultural and linguistic, and sometimes kinship and religious roots conditionally

affiliate for purposes of political mobilization and political action (Glickman,

1995:161). There is the sharing of a feeling of a common political destiny relative to

other groups with whom they have to compete for scarce resources (Ibid.). The Orma

and Wardei pastoralists share the same physical characteristics, culture, language,

kinship and religious (Islam) roots. The Pokomo on the other hand share culture,

language and kinship roots, but not necessarily religion (some are Christians and

others are Muslims).

Ethnicity may also refer to that which pertains to, or belongs to, an ethnic group. It

also refers to both seeing oneself and being seen by others as part of a group on the

basis of presumed ancestry and sharing a common destiny with others on the basis of

this background (Levinson and Ember, 1996:393). Common features that ethnic

groups share may be racial, religious, linguistic, occupational, or regional; often a

combination of such features marks the contents of such identities (Ibid.).

Ethnicity therefore may mean different things to different people. In the study area,

(Table 5.5) the majority of the people (81%) reported that ethnicity was due to the

difference in culture and modes of livelihoods. While 15% reported that ethnicity

was because of differences in religion. All the pastoralists are Muslims in the study

area, while some Pokomo farmers are Muslims and the majority of the Pokomo in

the study area are Christians. In areas where the Muslim pastoralists interacted with

the Pokomo Christians, ethnicity for them is partly based on religious differences,

where one religion looks down on the other and calls each other names like “kaffir”

which is not taken kindly by the other group. Other respondents (9%) gave the

meaning of ethnicity as lack of respect for the wealth of a specific group by another

and one group feeling superior and therefore can do anything they want, even against

the will of the other group.

Page 80: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

66

5.2.2 Ethnic conflict

According to Rupesinghe (1989:160-1), ethnic conflict can be defined as;

The direct or indirect pursuit by members of different ethnic groups, of incompatible

objectives where the winner takes all there is of what is available, in a situation

involving interaction which consciously or unconsciously is characterized by overt or

covert acts meant to neutralize, injure or eliminate the rival group before, during or

after the said pursuit.

In the Tana River conflict, the pursuit of incompatible goals can be seen in the use of

resources. The ethnic conflict therefore can be defined as the competition for scarce

natural resources of land, pasture and water. Ethnic conflict is foreseeable where a

group of “outsiders” suddenly occupy a territory “belonging” to others (Glickman

1995: 81). In Tana conflict, the farmers see the pastoralists as occupying some of

their land (along the river bank) and the pastoralists view the farmers as doing the

same.

It is argued that ethnic affiliations serve current specific needs and as long as these

needs remain and the ethnic affiliation addresses them, then ethnic consciousness,

and possibly conflict, is likely to persist (Ibid. p 82). The parties in conflict in the

Tana River, acts as two main interest groups. The ethnic groups therefore maintain

ethnic affiliations that aid them in the fulfillment of their needs, which are directly

related to their different modes of livelihoods. Thus these needs are encased in

farming and pastoralism.

5.2.3 Types of conflicts

Tana River district is faced by different types of conflicts (ALRMP, 2001b: 4) these

can be categorized as external, internal, and land conflicts.

5.2.3.1 External conflicts

At independence the boundary of Tana River District with North Eastern Province

was three miles (5km from the Eastern banks of the River Tana). The Pokomo

council of Elders would like this boundary to be respected and observed by Garissa

Page 81: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

67

Table 5.5: The meaning of ethnicity in the study area

Ethnicity means… Number of

respondents

Percentages

Differences in languages

22 15

Differences in culture and modes of

livelihoods

121 81

Others

14 9

N=150

Source: Fieldwork, 2002

Page 82: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

68

As well as the recently created Ijara district. Garissa town is just on the eastern bank

of River Tana thus it is reported, to be in Tana River district. This administrative

arrangement of one district being located in another district is an anomaly and is

creating a lot of confusion administratively and should be addressed as a matter of

urgency according to the Pokomo elders.

Some areas like Masabubu, Bura East and Mbalambala are in Tana River but are

being administered from the North Eastern Province. It is proposed that the District

Officers from North Eastern Province who are in Tana River should be relocated to

where they belong or be answerable to the District Commissioner, Tana-River and

Provincial Commissioner, Coast Province, according to key informants.

Influx of human and animals from outside the district is another cause of conflict

that is externally based. These movements usually take place in dry seasons;

pastoralists tend to move towards the river from the hinterland hence, creating

competition of land, pasture and water resources. According to LSK (2002:8-9) the

influx of immigrants escaping the war situation in neighboring countries of Ethiopia

and Somalia has generally had an escalating effect to the conflict in Tana River as

the implements of the conflict have been transformed from benign arrows and spears

to sophisticated and lethal weaponry hence escalating the conflict to calamitous

proportions.

Sometimes pastoralists versus pastoralists conflicts occur because some pastoralists

invite other pastoralists from outside the district. According to the Judicial

Commission Appointed to inquire into tribal clashes in Kenya (Republic of Kenya,

1999:281-2).

The Degodia (Somali herdsmen) were invited by the Orma in Tana River to help

them fight the Ogaden (also Somali) of Garissa district. But thereafter the immigrant

Degodia did not only outnumber the indigenous Orma, but also dominated them

socially and economically. The Degodia for instance occupied key water points and

grazing areas in the district and even sought to nominate candidates for

parliamentary and civic elections, which incensed the Orma who demanded that the

Degodia go back home to Wajir. The Degodia refused to do so, and this led to fierce

tribal skirmishes, which left many dead and injured.

This conflict between the Orma and the Degodia led to the defeat of Orma who were

pushed to the deltaic areas (Ibid. p.281) which are mostly settled by the Pokomo

Page 83: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

69

peasant farmers causing farmer-pastoralists conflicts in the Lower Tana (Garsen

Division).

5.2.3.2 Internal conflicts

Internal conflicts are experienced between farmers and pastoralist, such as inter-

ethnic conflicts between the Pokomo, the Orma and Wardei. The conflicts between

farmers and pastoralists tend to involve all the farmers irrespective of their ethnic

groups. On the other hand the conflicts involving the Pokomo on one hand and the

Orma and Wardei on the other are tribal but are based on farming and pastoralism.

When a conflict occurs between farmers and pastoralists and when protracted to

violence levels, it is reduced to Pokomo and Orma/Wardei such that all the farmers

are assumed to be Pokomo and therefore Pokomo villages are attacked. On the other

hand all the pastoralists are assumed to be Orma and Wardei and therefore the

Pokomo attackers.

There are exclusive Pokomo, Orma and Wardei villages. However, the physical

distance between the villages matter, some villages are too far away from each other

and others are too close from each. It is claimed that some Pokomo chiefs helped to

settle their Orma ‘friends’ near Pokomo villages, and the manyatta always some

distance away from the Pokomo villages kept growing or reducing mostly in times of

droughts where the pastoralists would move to stay with their kith and kin in other

areas where pasture and water would be accessible. However, due to the conflict

some areas where the communities had lived separately the villages are almost

‘mixing’ in areas where the pastoralists’ numbers have increased and have

overwhelmed the local Pokomo people due to internal displacement. However, in

areas where the Pokomo are the majority, all the pastoralists’ settlement nearby are

no longer present, according to the researcher’s observations.

5.2.3.3 Land-use conflicts

Land-use conflicts involve the conflicts in ranches and game reserves (for example,

the Tana River Primate reserve.

Page 84: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

70

Ranches

According to the National Environment Secretariat (Lower Tana, 1985:20-21) there

are four operating ranches in the district: three company ranches and one co-

operative ranch. Ida-sa-Godana is a co-operative ranch which was started in 1964, it

has an area of 51 000 Ha and membership of 100 people. Other ranches include;

Giritu company ranch (an area of 42 340 Ha and 242 members), Hagganda private

ranch (an area of 12 000 Ha and 20 members), Wachu company ranch (an area of 32

000 Ha and 75 members), Kitangale private ranch (an area of 20 000 Ha and 50

members) and Dalu ranch (5000 Ha), which is owned by a village polytechnic. The

ranches are therefore owned by very few pastoralists meaning that most of them still

practice the free-for-all system of grazing. The Agricultural Finance Corporation

(AFC) finances the ranches. The animals are usually sold to local butcheries in the

district.

Some of the ranches in the district have a problem according to the Gasa, for

instance, the Ida-Sa-Godana ranch – has its boundaries including the farming land of

the Ndera people, one of the Pokomo groups. This was done without the knowledge

of the Ndera community. It is claimed that the Commissioner of lands issued the title

deed without going to the ground to establish whether there were people living there

or not. The Gasa propose that the boundaries of the ranch be reviewed to exclude the

ancestral land where the Ndera people have been farming all along.

In the Giritu ranch pastoral intruders have settled there and have refused to leave.

Efforts to evict them have failed and the matter is still in court, it is claimed by the

Gasa that the court file has mysteriously disappeared. It is feared that if land is not

registered in Tana River most of the Pokomo farming areas will be converted to

ranches.

Primate reserve under Kenya Wildlife Service (KWS)

For many centuries the Ndera and Gwano sub-groups of the Pokomo communities

have co-existed with the primates without any conflict according to the Pokomo

council of elders. It is claimed that the forceful efforts by KWS (Kenya Wildlife

Page 85: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

71

Service) with the silent support from the provincial administration to evict the people

will defeat the intended purpose of conservation. At the moment the forcefully

resettlement is not being discussed by KWS.

The local community was to be resettled to some areas in Lamu district to pave a

way for the primate reserve to be put in place. It is proposed that the primate reserve

be degazetted so that the people can be free to own and use their ancestral land

according to their wishes to avoid the extinction of the primates. This is because

there is not a memorandum of understanding between the Tana County Council and

KWS. The K.W.S. went ahead to gazette the reserve before the memorandum of

agreement was made and the matter is still in court.

5.2.4 Rules to guide the use of resources

According to the study 99 of the respondents (66%) said that there were rules to

guide the use of resources, while 27 (18%) reported that there are no such rules. 20

(13%) of the respondents did not know whether there were rules or not and 4 (3%) of

the respondents did not attempt to answer the question.

According to a group discussion, the people of Tana River shared resources. When

members of the pastoral community wanted to utilize a resource from the Pokomo

community, elders from both communities would converge and agree on modalities

for the use of the resource in question. Clear rules were to be observed by both

parties. Only agreed upon water points were to be used by pastoralists. The

pastoralists would provide a bull, which was slaughtered. In return the farmers

provided rice, tobacco or bananas, which they called “ndarara”. Ceremonies would

be conducted and the site offered for the pastoralists to graze their animals or water

them is blessed through a prayer for “naghea kapana”. Thereafter the animals use

the site for as long as there was need.

Table 5.6 shows the rules used to guide the use of resources. During drought seasons

the pastoralist groups were to ask for permission from the farmers to use land and

water resources according to 25% of the respondents. According to 29% of the

Page 86: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

72

respondents, the identified water corridors were not to be encroached by the farmers,

since such areas were to be used whenever there was a need by the pastoralists.

While 13% of the population reported that pastoralists were not to use any other

water corridors apart from the accepted ones, this is because most farms were lined

along the riverbanks.

On the other hand 19% of the respondents said that it was a rule that pastoralists

graze away from the farms, whether these farms were near the riverbanks or around

ox-bow lakes and other natural depressions. Seventeen percent of the respondents

reported that the pastoralists had to ask for permission from the owner of the farm to

graze their animals on the after-harvest. Ten percent of the respondents said that the

watering areas for the animals were to be different from the watering points used by

humans to bathe, fetch water for domestic use et cetera, this is because it was feared

that the smell of the animals would attract crocodiles that would then attack people.

Finally 13% of the respondents reported that in case of crop damages made by

livestock then, elders would preside over such meetings and decide whether the

person grazing should be fined or forgiven. According to a group discussion

conducted among the Orma people, the Pokomo usually forgave them. Another

group discussion with Wardei people revealed that they do not know of any rules to

guide the use of resources between them and the farmers. However, they are aware

that in the olden days the Orma and the Pokomo used to have such rules.

Unfortunately it is reported by a key informant that these rules are no longer

followed. It has been revealed that there are too many pastoralist ‘visitors’ who do

not know the rules, or do not want to follow them, since Kenya’s independence.

5.2.5 Rules of the market

With regard to the rules of the market 112 (74.3%) respondents reported that there

are no market rules, while 9 (6%) respondents reported that there are rules to guide

market operations. According to a key informant it was a rule that whenever a

pastoralist crosses the river using a canoe owned by a Pokomo he must pay some fee

for the service while fellow Pokomo people would cross the river for free. In the past

Page 87: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

73

the pastoralists paid the Pokomo for crossing the river with milk or milk products, in

recent times they pay in cash.

According to observation made by the researcher each group sells their wares in their

own villages (probably due to the conflict). A key informant reports that there are no

markets shared by the two groups. In most areas, he reveals, before the conflict

broke in the year 2001 the pastoralists moved to neighboring Pokomo villages to sell

door to door or sit at strategic positions to sell their goods. The items they would sell

were usually milk and milk products. The farmers on the other hand, sold goods in

their own villages or the neighbouring farmers’ villages and when they needed to

buy livestock they would order for the animals to be brought in their villages.

According to a peace meeting attended by the researcher the Orma asked the farmers

to allow them to have their own canoe, in order to ferry themselves across the river.

The farmers seemed to hesitate. According to informal interviews done, the farmers

fear that if the pastoralists are allowed to own their own canoes then insecurity

incidences will increase. However, the researcher observed that in some areas the

pastoralists have their own canoes and ferry themselves to and from farmers’

villages. This meant that they do not have to pay the farmers for being ferried across

the river. In the past only the Pokomo farmers used to own the canoes and they are

still the ones with the skill of making the dug out canoes.

In the past pastoralists who wanted to attack the Pokomo farmers were slowed down

by the river, which acted as a shield for the farmers against the raiders. Since the

pastoralists did not have the skill of making canoes, they could not cross the river

without the help of the farmers. This continued until in the recent past when some

chiefs ordered that the Pokomo farmers in some areas must allow the pastoralists to

operate their own canoes, meaning that the raiders can easily attack Pokomo

villages, a key informant reported. Therefore the proliferation of canoes in the

pastoralist camp has the potential of increasing unsupervised “guests” in the Pokomo

areas and thus introducing an element of insecurity.

Page 88: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

74

Table 5.6: Rules to guide the use of resources

Rule Number of

respondents

Percentage

During drought seasons pastoralists were to ask for

permission from the farmers to use land and water

resources

32 25

Identified water corridors were not to be

encroached by farmers

44 29

Pastoralists were not to use any other water points

apart from the accepted ones

20 13

It was a rule that animals grazed away from the

farms

29 19

Pastoralists would have to ask for permission from

the owner of the farm to graze animals on the after

harvests

25 17

The water corridor for livestock (malka) should be

different from the one (chiko) used by humans

15 10

In case of damages made by livestock to crops the

case has to be presided over by elders

19 13

Source: Fieldwork, 2002

Page 89: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

75

5.2.6 Factors that make pastoralists to be perceived as hostile

Culture is one of the factors that can make pastoralists to be perceived as hostile.

According to the Akiwumi report (Republic of Kenya, 1999:279) some cultural

practices such as cattle rustling are meant to be signs of bravery or an essential part

of the initiation of boys into manhood. Often cattle rustling involve violence for

those who resist letting their livestock go.

Another factor that makes pastoralists to be seemingly hostile is their exposure to

sophisticated weapons. The seemingly unstoppable influx of firearms and

ammunition into some regions of Kenya such as Tana River and the Northeastern

province from neighboring Ethiopia and Somalia has increased banditry and made

fighting almost a hobby by pastoralist groups according to the Akiwumi report of the

Judicial Commission appointed to inquire into tribal clashes in Kenya (Ibid.).

Pastoralists are exposed to gun power and are using then to defend their herds

against raiders and to fight when their needs or the needs of their animals are not

met.

Schlee (1989:54) has argued that the pastoral Rendille asserts that the culture of

keeping camels is only one (entailing the ritual treatment of camels), and that other

pastoralist groups, which do not observe ‘this culture’, are not true owners of camels.

Therefore, in Kenya the Rendille believe that the Nilotic Turkana pastoralists got

their camels through raiding them (Ibid). The belief by some pastoralists that they

are the only ones who should keep livestock or specific kinds of livestock for that

matter may motivate these pastoralists to be hostile and confrontational with their

neighbours and therefore cause conflicts with other herdsmen or agro-pastoralists.

The harsh physical environment may have contributed to the pastoralists’ perceived

hostile nature as well. Pastoralists walk for long distances in bushy areas and need

arms in order to protect themselves from fellow human beings and wild animals too.

In order to be a successful herdsman therefore one must be able to defend his

animals as Netting has argued;

Since cattle are a volatile form of wealth, a man has the freedom to raise his status

through initiative and skill. On the other hand he must be willing to defend his

Page 90: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

76

animals aggressively from predators and military raids to show fortitude and

endurance when he meets with hardship (Netting, 1986:55).

5.2.7 How the Pokomo peasant farmers have been able to build a force to counter

the pastoralists

The period under focus is the colonial, pre-colonial and post-independence times.

5.2.7.1 Pre-colonial times

The Pokomo in the pre-colonial past had preferred to have a settlement pattern where

clan or lineage villages were scattered along the river with one village recognized as

the ritual center (Bunger, 1970:3). When the Somali invaded Tana River after 1870,

the people of each sub-tribe came together in a large stockaded town called Ganda

(Ganda – the concentration of the Pokomo into fortified villages because of Somali

raids can be compared to the similar development among the Mijikenda people who

were compelled to dwell in fortified towns called Kaya by raids of certain Maasai-

speaking people) situated between thick bush and the river and usually accessible

only by canoe (Ibid.).

5.2.7.2 Colonial times

An important revelation as pointed out by the respondents in a focus group

discussion and also the Law Society of Kenya Report (LSK, July 2002:7) was that,

though the colonial government exercised control over land use and ownership, it

however sought to distinguish between the different uses of the land by the

pastoralists and the farmers. Consequently the colonial government took the trouble

to demarcate land for pastoral use and for farming.

During the colonial regime, therefore 'reserves' for both Pokomo farmers and the

Galla or Orma were established.

The proposal for the Tana land reserves (Kenya National Archives, 1920-1925)

indicated that, the Pokomo were not only required to live in their specific riverine

Page 91: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

77

reserves but could also cultivate any unoccupied riverineland. Although the reserve

areas would be theirs ‘for keeps’ they would be squatters in the unreserved areas and

likely to be expropriated whenever companies or individuals turn up and promise to

develop the land. Those Pokomo people, who would be displaced as a result, would

be compensated. It was found in the same letter to be unreasonable to exclude the

Pokomo from tilling the land until it was wanted since; nobody had appeared who

wanted the land. Therefore the Pokomo have continued to till the riverine land to

date.

Special access routes to the river were reserved for pastoralists who used them during

the dry periods. According to a colonial intelligence report dated 4th

October 1949

(Kenya National Archives (KNA), 1940-1950), the colonial regime tried to diversify

watering points for the pastoralists as far as the Sabaki River. The point of gazzeting

a native reserve was given as; enabling preservation of land for a tribe against the

alienation or encroachment by other tribes and also to curtail the incessant conflicts,

which were inherent in the relations of the pastoralists and farmers.

The proposal for the Tana land reserves (Ibid.) further indicates that;

The only natives in any way likely to encroach were the Somali and the Galla, who

require access for their livestock to water on the river…it is not desirable that they

should be allowed access everywhere, for the Somali especially are upto to carry

Pokomo women.

This argument justified the creation of reserve areas by the colonists in the study

area.

In an Intelligent report dated 5th

January 1950 from the District Commissioner’s

Office (DC) Kipini, Tana River to the Provincial Commissioner (PC), Coast

Province (KNA, 1940-1950) it is reported that;

Fighting amounting to native war broke out on the 9th and again on the 11

th

(December 1949) between Oromo and Pokomo…. One Pokomo man was killed; two

Pokomo women and three Pokomo men were injured. One Oromo is believed to

have been killed though the body has not yet been found and two Oromo women

were injured….the initial blame lies clearly on the Oromo who begun the first attack.

Therefore the Pokomo created some strength in coping with their pastoralist

neighbors through revenge attacks. Generally, during the colonial period the Pokomo

Page 92: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

78

managed to build a force against the pastoralists through the help they obtained from

the colonialists who protected them by separating them from the pastoralists.

5.2.7.3 Post-independence period

In post-independence Kenya, the government tends to helplessly look on as people

slash each other in the perennial conflict of Tana-River district between the Pokomo

peasant farmers and the Orma and Wardei pastoralists. In such an instance, the

community wonders, whether they should arm themselves to ensure community

security when the state fails to protect them. In general the Pokomo people have not

been able to comfortably fight back when attacked by pastoralists in their villages. In

smaller villages almost all the people would run away to hide from the pastoralists

who would attack villages in form of “shifta-bandits” (heavily armed Cushitic men)

with sophisticated weapons. In most cases the cause of such attacks was never

known. However, in case of conflicts arising from pastoralists grazing their stock in

farms the people would prepare to fight back according to the views of a focus group

discussion.

The following are incidences of insecurity in the district since the year 1980 to 2001

according to a document made by the Gasa (2001), to be taken to the Minister of

State, Provincial Administration and Internal Security, dated 23rd

August 2001.

1. 1980 at Ngao Irrigation Scheme, Ngao location – Orma from Kipao village

attacked Pokomo farmers and killed two.

2. 1995 Peponi village, Bilisa location – Orma ambushed and killed six. All culprits

were identified and arrested. Within days, all of them were released.

3. 1996 at Ngomeni village, Chara location – Orma killed two Pokomo. The

killings were sparked by the creation of two exclusive locations for the Orma.

4. 1996 at Dumi village, Salama location – An Orma drove his animals into a

Pokomo farm and destroyed his crops. When the farmer protested, he was killed

plus other eight. In this incidence, a total of nine Pokomo people were killed.

5. March 2000 at Laza village, Zubaki Location – Three Pokomo men were killed

in their farms.

Page 93: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

79

6. March 2001, Duwayo, Kinakomba location – Two Pokomo were killed in their

farms by Orma pastoralists.

7. March 2001, Ngao village and environs – Orma people waylaid and killed

seventeen Pokomo men.

8. 27th

May 2001, Mnazini village – According to the Daily Nation of June 2, 2001

seven Pokomo people were killed and 22 Wardei suspects were arrested. They

were later released. Two more Pokomo were killed on the same day at Mikameni

village, Mwina location.

9. 3rd

June 2001, Idsowe village, Shirikisho location – A retired Pokomo teacher

was attacked and killed in his farm. The sixteen year old Orma herdsboy who

was found responsible was arrested and later released.

10. 12th

July 2001, Nduru village, Chara location – Neighbouring Orma people

evacuated their families and animals at night and attacked Pokomo in the wee

hours of the following morning. They killed one Pokomo man. This happened

exactly a week after a peace meeting was held in the village involving the two

communities.

11. 13th

August 2001, Semikaro village, Chara location – Orma people killed a

Pokomo man using a poisoned arrow.

All these incidences led to the Pokomo preparing themselves for resistance against

the pastoralists. The elders approached ‘their cousins’ the Mijikenda people of

Kwale district to help them fight the pastoralists through some supernatural powers,

according to an Orma key informant who said that the Pokomo are involved in what

he called, Kaya Bombo (this is the name of a Digo shrine). The Pokomo themselves

did not give this information to the researcher, but the pastoralist groups informed

the researcher that this is what the Pokomo people did and that they also wanted to

get the Kaya people to help them. The reason why the Pokomo may have built this

force against the pastoralists is that they have no access to sophisticated weapons

like the pastoralists. However, fascinatingly the pastoralists feel even guns are not as

good as the Kaya Bombo power.

Page 94: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

80

Kaya

Kaya means ‘homestead’ in nearly all the Mijikenda (the Mijikenda comprises of the

Rabai, Ribe, Chonyi, Giriama, Jibana, Kauma, Kambe, Digo and Duruma sub-tribes)

dialects (NES, Kwale, 1985:22). The kaya areas were initially places of refugee by

the Mijikenda peoples of coastal Kenya, when they had to hide away from

pastoralists’ attacks such as the Masai and the Galla. Later as this threat subsided the

forests were used by the elders for prayers and ceremonies. These areas were revered

by the rest of the community because they had protected their ancestors (Ibid.). The

elders used the plants in the forests for medicinal and religious purposes and stayed

there when close to death and were buried there.

The forest or shrine called Kaya Bombo is west of a place called Ngomeni in Kwale

district (Ibid. p.25). This is where it is claimed the Pokomo obtained their mystical

powers for fighting the pastoralists Orma and Wardei. It is claimed that during the

Likoni-Kwale clashes which pitted the Digo coastal people against the upcountry

people, the Kaya mystical powers were used and all the government security people

who had committed some inhuman acts like raping were all affected and later died in

the Coast General Hospital according to a key informant.

It is also claimed that government security men who tried to hit the Pokomo old

men, were affected in that their hands remained stretched out. Therefore the security

men feared these powers from the Pokomo side and the sophisticated weapons from

the Orma and Wardei. They therefore did not commit the same acts they had

committed against the people of Kwale to the Pokomo but these inhuman acts were

committed to the pastoralist women, of whom, it was perceived were not protected

by magical powers. Though the Orma and Wardei people look exactly the same

physically, they live in different manyatta and the Orma women were not raped

because it is claimed the Member of Parliament at the time being an Orma used the

government security to protect his own people and not the Wardei people who were

used in the fighting and taken to the frontline of battle and not the Orma according to

a Pokomo key informant.

Page 95: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

81

The kaya bombo powers only protected a few people who were to fight in defense of

the community, these powers, it is claimed also protected Pokomo villages against

attacks according to a key informant. However, the Orma and Wardei pastoralists

raided most of the Pokomo villages supposedly protected by these supernatural

powers. Are kaya mystical powers real? It is possible that the so-called Kaya bombo

powers are only meant to psychologically boost the morale of the young men

required to defend their villages without fear. Some of the so-called ‘protected by

kaya powers’, Pokomo fighters died during the conflict. A possible analysis of the

situation is that Pokomo people are not fighters and they always ran away from

pastoralist attackers. The Pokomo therefore might have needed this Kaya Bombo

assurance that they can fight the pastoralists.

5.2.8 The Causes of the conflict

There are a number of causes that have been identified for the conflict in the study

area (Table 5.7).

The study revealed that 69% of the respondents gave the cause of conflict as fear of

displacement by pastoralists due to land adjudication, 26% said the conflict was

caused by incitement by politicians and council of elders’ from both communities

(the Gasa and Matadheda). Twenty-three percent of the people gave the cause of the

conflict as grazing of stock in farms, similarly 23% pointed out that land ownership

and creation of new administrative locations contributed to the conflict. Further, 13%

attributed the conflict to closure of water corridors for watering livestock, while 13%

reported that lifestyles and different uses of the same resources contributed to the

conflict. Thirteen percent of the respondents have added that, drought and creation of

unknown water corridors is a cause of the conflict and likewise 13% attributed the

conflict to the influx of foreigners and their animals into the district. Each

respondent gave more than two causes of the conflict.

Land adjudication

In July 1995 the Government declared and gazetted Tana River district as an

adjudication area (the legality of the land to be decided in the courts). Adjudication

has bred a lot of animosity between the two conflicting groups owing to different

perceptions over the consequences. According to a group discussion the Pokomo

Page 96: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

82

peasant farmers accepted this move since it is a major step towards poverty

alleviation, with the hope of acquiring title deeds they can be able to obtain loans

from banking institutions which usually ask for collateral and they can also protect

their land from grabbers. Farmers claim that about 90% of the district is rangeland

and ranches have been registered and allocated to pastoralist groups. The farmers

occupy only a tenth of the district and therefore they should be allowed to have title

deeds on this land.

However, the pastoralists Orma and Wardei have resisted the land adjudication

exercise. This is because with land adjudication their free movement with their

livestock will be constrained. Furthermore, it is feared that the exercise will only

benefit farmers, and it will not take into consideration the reality of dry seasons and

therefore the need by pastoralists to access fallback areas. The pastoralists would like

to be educated more on land adjudication because they are also interested in the

riverine area. Besides some of the pastoralists have farms and they fear that the

Pokomo will take them away since they are already claiming that these farms are

theirs by ancestral claim, and that they had deserted the farms because of insecurity.

This is according to a group discussion with the Orma.

The Wardei, according to a focus group discussion, assert that they are also

interested in farming. They however complain that, once they acquire a piece of

land, work on it for some time the Pokomo all of a sudden, begin laying claim on the

land, on the alleged reason that it is their ancestral land. The Wardei state that they

are then left with no option but fight for the land because since they are Kenyans

they have a right to own land like other Kenyans.

Incitement by politicians, Gasa and Matadheda elders

During the Njonjo Land Law Commission meeting held at Ngao village (Ngao

location), the local Member of Parliament for Garsen constituency, supported

sentiments echoed by the chairman of the Matadheda (Council of Orma elders). The

legislator asserted that, if the government insisted on land adjudication it would

govern forests and baboons and warned that there would be problems similar to

those of Isiolo, where conflict had erupted and many people got killed. These

references according to the group discussion were indications of a looming conflict.

Page 97: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

83

Table 5.7: Causes of the conflict

Cause of conflict Number of

respondents

Percentages

Fear of displacement by pastoralists due to land

adjudication

103 69

Incitement by politicians, Gasa and Matadeda

elders

39 26

Grazing in planted farms 35 23

Land ownership and creation of new

administrative locations

35 23

Closure of water corridors or malka 20 13

Lifestyles and different uses of common

resources

20 13

Drought and creation of unrecognized water

corridors passing through farms

20 13

Influx of aliens and their animals into the

district

20 13

N= 150

Source: Fieldwork, 2002

Page 98: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

84

In another meeting presided over by the Coast Provincial Commissioner on the 17th

March 2001. It is reported that the local Member of Parliament for Garsen warned

the government not to impose the land adjudication procedures on the people of

Tana River who want a ‘homegrown’ solution. This prepared the populace to be

ready for an imminent conflict. There is consequently a conflict in that one group

consider the land adjudication exercise as an imposition, while the other group seem

to be content with the exercise.

The traditional administrative structures were also blamed for inciting people. The

Gasa (Pokomo council of elders) according to a group discussion has become

extremely political and had discarded traditional means of dealing with conflicts.

When livestock are injured and the Orma and Wardei pastoralists report to the

Pokomo elders no action is taken. The Pokomo on the other hand held responsible

the Matadheda for not taking any action when they received reports that Pokomo

farms have been grazed on. When a fight breaks both communities complain that the

elders support their young men to fight.

Grazing in planted farms

According to a group discussion pastoralists have been accused of intentionally

grazing their livestock on farms. However, according to another group discussion

with the pastoralists, Orma blame the Wardei for grazing in Pokomo farms claiming

that most of them are new in Garsen division and are therefore not aware of

agreements made between the Orma and the Pokomo. However, the Orma also

maintain that Wardei and Orma are one and the same people explaining that Wardei

were taken as slaves by Somali men and that the war in Somalia has led to their

forced movement to look for their Orma kith and kin in Tana-River for refuge. One

Orma councilor claimed that the Kenyan government was aware of the Wardei

people coming to Tana-River from Somalia.

The Pokomo argue that both Orma and Wardei take their animals to graze in their

farms. This may be because they cannot differentiate the two groups who physically

look alike. It is also possible that the Orma use the Wardei as scapegoats because

they have internal conflicts amongst themselves.

Page 99: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

85

Land ownership and creation of new locations

Tana River is a district, which has not been adjudicated and has mainly two types of

land – Government and Trust land. Much of the riverine land is Trust land.

Traditionally the community, among the Pokomo, owned the land. The community

here is the clan. The clans have their own units as per the settlement patterns and are

characterized by rules and regulations of the clan. The clan land is subdivided further

into areas belonging to the constituent lineages (Bunger, R, 1970:2) as noted earlier.

According to a key informant the Pokomo customary law does not allow women to

inherit land except for special cases. Daughters could get pieces of land from their

fathers and once given it remained with them for their use but not their descendants.

For one to get a clan Shamba, (farm) a “barhe” must be paid to the clan elders who

will consent to the use of that land. Upon the death of the individual (a man), his

children will do the same (pay barhe for use of the land) until the third generation

then the land will belong to the new family. The Pokomo according to a group

discussion believe that anybody without land is a foreigner.

The Pokomo peasant farmers have been accused of desiring the riverine area for

themselves and interested in displacing those Orma living in such areas. The

Pokomo also fear that the pastoralists want to displace them from their ancestral

lands.

It was reported, in a group discussion that, the Orma have manipulated the creation

of exclusive locations for themselves out of the existing Pokomo locations, which

have existed since independence – the creation of these locations has led to attacks

of the people going to their farms as the Orma assumed ownership of ancestral farms

belonging to Pokomo simply because they were in ‘their locations’. The creation of

new locations is perceived by the Orma and Wardei pastoralists as creation of their

own land, a land they can call home, this means that all other people should leave,

and farmlands should be relocated as well. This feeling is brought about by the fact

they have been nomadic and can loose out on ownership of land if the land gets

Page 100: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

86

demarcated. According to a government official new locations were created for ease

of administration.

The researcher noted that Pokomo peasant farmers lived in villages on one side of

the river and have their farms on the opposite side of the river, which in most cases

meant that a village could be in one location and the farms in a different location.

The problem is that the river has been used as a boundary for the creation of the new

locations. The pastoralists needed land they could call their own, and needed their

own locations. One Orma woman wondered why the Pokomo restricted pastoralist

movements in their location (Pokomo locations) while pastoralists do not restrict

farmers to farm in Orma locations. Both groups perceive the idea of administrative

location differently. The Pokomo farmers seem unconcerned with the idea of their

own locations and that is why they did not oppose the creation of new locations from

the existing ones as long as they can access their farms, according to a group

discussion.

Mostly in any location the farms belong to the Pokomo, however, in the recent past

the pastoralists also have owned gardens where they mostly grow tobacco and a little

maize. However, all the ranches belong to the pastoralists. A few Pokomo people

who dread rearing their own cattle entrust the pastoralists to take care of their

livestock for a fee (usually pay a cow per year) as mentioned earlier.

Closure of water corridors

According to a group discussion among the pastoralists, the farmers deny them a

place to water their animals claiming that those are farm areas. Therefore farmers

have been held responsible for encroaching into water corridors (Malka). In another

group discussion among the pastoral group again, the issue of water corridors is not a

problem; they declare that they have a lot of access to the river.

The researcher noted that in areas where the farmers and the pastoralists had lived

close to each other for a long time there was no problem, as the Malka areas existed.

However in areas where there are new settlements of Manyatta this was one of their

major causes of the conflict. This is because the same traditional Malka areas that

Page 101: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

87

were set during the colonial British administration were still the ones which farmers

recognize. Plate 5.1 shows a malka

Lifestyle and different uses of common resources

The fact that the farmers and the pastoralists have different lifestyles was cited as a

cause of conflict. In one group discussion a Pokomo elder said that in the past (no

longer practiced) in order for an Orma to get married he must kill a lion or a human

being and that the Pokomo were an easy target and they were sometimes killed by

their trusted friends when they invited them to attend their ceremonies. If they were

lucky some of their Orma friends would alert them and plan their escape. The Orma

man, after killing, he would cut the private parts of the person or a part of the animal,

tie it on the hand (halibwora), in order to show his bride to be that he is a ‘man’.

Pokomo people report that they knew that this was happening and whenever a

Pokomo man disappears or his body is found lacking some parts of his body. They

would suspect the Orma and would therefore revenge by killing an Orma, and

throwing his body into the river. Therefore the Pokomo had been socialized not to be

alone with the either the Orma or the Wardei pastoralists, and the cycle of mistrust

and suspicion continues.

Today, different uses of the same resources have remained a major problem. In a

village where the Wardei and Pokomo lived close to each other, it was reported that

water corridors are not a problem however; the use of the resources is the problem.

The researcher was shown two water points called Chiko (pl. Viko) for human use,

and malka for animal use. There was a general complain that livestock is taken to

drink water at the Chiko which is for human use – this then would attract crocodiles

and wastes time for other users of the Chiko who must wait for the large herds to be

watered. The Wardei wondered why the farmers were creating a problem where

there was none; according to them there is nothing wrong in having a water point

shared by human beings and animals. According to focus group discussions. This is

a case of different perceptions on the use of the same resource. The group of Wardei

were new in the area and did not understand the differences between a chiko and a

malka.

Page 102: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

88

Drought and creation of unrecognized water corridors passing through farms

Due to different livelihoods practiced by the pastoralists and the farmers, the

pastoralists over time have been moving from the hinterland towards the riverine

areas in search of water and pasture for their animals during dry seasons (ALRMP,

2002b). This is due to the drainage of the lagas to the river leaving the hinterland dry

and with no source of water for the dry period.

Drought periods, which are common in Tana River, create tensions to the people of

the riverine areas because the traditional structures, which used to deal with such

migrations, have been weakened and are therefore no longer strong partly because

the chiefs in charge of locations have absorbed their powers. In the past there were

strong elder set-ups, which administered the movement of animals from the

hinterland to the riverine from both sides (farmers and pastoralist). These elders used

to agree on terms to resolve their problems in case animals invaded the riverine

farms.

Pastoralists having trekked for a long time, would use the shortest distance to access

the river water, which may not be the recognized water corridors. Further, during

and after the conflict, farmers in some areas, it is claimed were farming on water

corridors, which they claim are not the traditional ones agreed upon by elders but

that they are shortcuts made to the river by the pastoralists. The Nduru-Orma agree

that some of the agreed upon water corridors are too far from their new settlements

and that the livestock gets exhausted moving for long distances in the heat, and

therefore the need to create shortcuts. Therefore the farming on these new water

corridors impact negatively on pastoralists who then have to take their livestock to

the recognized water corridors tiring their livestock in the process.

Influx of other people into the district

Influx of animals and people from neigbouring districts - Wajir, Mandera and

Garissa has led to conflict in the study area. It has limited the grazing areas hence

invading farms as a result, according to a key informant.

Page 103: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

89

According to group discussions traditional methods of resolving conflict are no

longer pertinent on a large-scale because of the presence of aliens or ‘visitors’ who

do not understand the rules. The Orma have been blamed for inviting people who are

not indigenous in the district to live there and hence strain resource-use. The

‘visitors’ mentioned were the Wardei, Galjeel Somali, Degodia among others. These

are people whom the Orma have close kinship ties with and some are self-settled

refugees from Somalia.

The police were reported to be patrolling the River Tana banks to prevent suspected

influx of bandits on October 1, 2001 (Peacenet, 2001). This patrolling is probably

not effective since people still move in and out of the district at will with their

animals this movement has led to pastoralist-pastoralist conflicts with the Somali

pastoralist being stronger and emerging victorious against the Orma and Wardei

according to an Orma key informant. Therefore as the Pokomo blame the Orma for

inviting visitors into the district leading to conflicts the Orma themselves have been

having conflicts with some of these visitors.

Other causes

Apart from the above causes of the conflict, the Arid Lands Resource and

Management Programme in Tana River district (ALRMP, 2002:3) identified other

causes of tensions in the division, which had perpetuated the conflict in the year

2001. It has been reported that, since the 1980s conflict has been pronounced due to

a number of factors among them, utilization of fertile land by the government for

development activities for instance, areas around Gamba in Garsen division (Tana

and Athi River Development Authority – TARDA). Thus, leaving ox-bow lakes for

the use of the pastoralists limited, and further, limiting the area under farming.

Another cause of conflict is the weakening and disrespect of the traditional

structures, of the Gasa and Matadheda, which used to resolve local farmer-

pastoralist conflicts in the past.

Page 104: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

90

Source: Fieldwork, 2002

Plate 5.1: A malka or water corridor

Page 105: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

91

According to a key informant, the conflict, in addition to some of the above causes

was caused by; wounding and killing of livestock that damage crops, disregard of

other people’s wealth, negligence of early warning signs by leaders (rumours of

impending conflict and illegal gatherings). Further, lack of adequate grazing lands

caused by competition among pastoralists and diversion of The River Tana’s water

by pastoralists in Lower Tana through canals hence affecting the flow of the river are

causes of conflict in Tana River. This diversion has consequently led to desertion of

rice farms, because the farms which are lined along the river banks no longer get

enough water due to the main river channel drying up as a result of the presence of a

new river channel elsewhere according to the researcher’s observation in November

2002 (Chara location). The pastoralists claim that the government gave them a go-

ahead to divert the water in order to use it in the hinterland, according to a group

discussion with Nduru-Orma in Chara location.

5.3 Impact of the conflict

The Tana conflict led to a number of socio-economic, cultural and psychological

impact.

5.3.1 Socio-economic impact

5.3.1.1 Internally Displaced persons

In the Tana River conflict violence had increased to uncontrollable level in the year

2001. Ryan (1995:78) has argued that the more violence that occurs the more bitter

and protracted the conflict becomes. This led to several impacts; the experience of

violence had triggered several destructive processes to the social environment.

Ninety eight of the respondents (65%) admitted that they were displaced from their

homes either to the neighbouring districts or to churches where they camped until

they felt that they were safe. Forty seven (31%) reported that they were not displaced

and stayed back to guard their villages.

Page 106: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

92

5.3.1.2 Health

The displaced people suffered ill health. The nurse in charge of the Catholic Church

dispensary where many Pokomo families had camped reportedly appealed to the

government to send in medical supplies to combat diarrhoea and typhoid before the

situation got out of hand as there were worries of impending deaths in the camp

(Peacenet-Kenya, 2001:26).

Most of the pastoralists could not go to hospitals due to insecurity reasons Table 5.8

reveals the results of hospital attendance.

Ninety-six respondents (64%) attend the same hospitals they used to attend before

the conflict broke, while 27 (18%) of the respondents said they do not attend the

same hospitals due to insecurity reasons. According to a group discussion conducted

in a pastoral region, pastoralists cannot attend public hospitals. This is because; some

members of one ethnic group (the Pokomo) dominate the main sub-district hospital

and dispensaries in the division as staff members. In addition, the hospitals are

located in regions inhabited by people of the enemy camp and although the hospital

staff may not necessarily be Pokomo, it is feared that they may take sides and inject

pastoralist patients with poison thus killing them.

This is because during the period of active conflict the pastoralists who had gone to

seek medical attention in these hospitals, it is claimed, were attacked. As the farmers

brought their first victim of the clashes in the hospital where he died, they attacked

all the pastoralists who were found in their village including the sick ones who were

seeking medical attention according to a pastoralist key informant.

However most of the respondents 123 (82%), still attend hospital within the district,

while 21 (14%) go for treatment outside the district as far as Garissa and Nairobi.

Because of inadequate health care most of the pastoralist groups suffered from

diseases such as typhoid and malaria, those who could afford went to Malindi for

treatment, and those who could not afford waited to borrow drugs from friends and

families.

Page 107: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

93

Table 5.8: Hospital attendance

Hospital attendance Sample Percentage

Still attending the same hospital that I used to receive

treatment before the conflict broke

96 64

Do not attend the same hospital that I used to attend before

the conflict broke

27 18

Source: Fieldwork, 2002

Page 108: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

94

5.3.1.3 Necessities

In any conflict area getting basic necessities is a problem. The most common

methods of getting necessities in the study area during the conflict are shown in

Table 5.9. It is reported that 46% of the people obtained their necessities through

moving in groups, to farms, herding fields, trading centers et cetera. Of the sample

13% sold their goods outside the district since the market structure between the

conflicting groups had broken down. Seventeen percent of those interviewed

revealed that they obtained their necessities from relief aid; the aid was in form of

drugs, food, clothing and building materials. The organizations that assisted these

people included; Catholic Relief Services, the African Inland Church, The Red Cross

Society among others.

Thirty three percent of the respondents reported that they bought goods from the

nearby shops from their salaries as government employees. Wild fruits, vegetables

and animals were utilized for food by 13% of the respondents

Government security escorted some respondents (20%) to work on their farms and

go to shopping centers. In addition, 10% of the respondents reported that the whole

village cooked food in a single pot and shared; this is in areas where most of the

villagers were displaced such that very few villagers remained in the village.

According to 13% of the respondents, families with extra food, clothing and extra

space in their houses assisted those who lacked, for instance due to their houses and

granaries being burnt. Thirty three percent (33%) of the respondents reported that

they bought goods from the nearby shops from their salaries as government

employees. Seven percent (7%) of the respondents went to towns to work as casual

laborers while 17% of the respondents sold their sick livestock in order to get some

money for survival. Lastly, 13% of the respondents said that they kept on

slaughtering their animals for food.

Page 109: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

95

Table 5.9: How necessities were obtained during the conflict period

How necessities were obtained Sample Percentages

People walked in groups to their farms, forests and trading

centres.

69 46

Went outside the district to sell goods 20 13

Relief aid 25 17

Bought goods from the shops around, from government

salaries

50 33

Utilized wild foods 20 13

Government security took people to their farms and

shopping centers

30 20

The whole village shared food cooked in one pot 15 10

Families with extra food, clothing and shelter helped those

with none

20 13

Got casual jobs in building houses that were burnt 10 7

Sold the sick livestock 25 17

Would slaughter livestock for food 20 13

N=150

Source: Fieldwork, 2002

Page 110: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

96

5.3.1.4 Insecurity

Mair (1964:16) has argued that a government protects members of the political

community or its citizens against lawlessness within and enemies without; it takes

decisions on behalf of the community in matters that concerns them all, and in which

they have to act together. The political system of any society is concerned with the

use of force. From a global perspective therefore, only the government has the

monopoly of legitimate coercive power to master compliance in ensuring protection

of life and property and in pursuit of law, order and justice. When the government

falls short of this expectation, those in need of protection and justice lose hope and

confidence. The Kenya government seemed to have failed in one of the oldest roles

of states – ensuring that they provide human security for the governed. This led to

people arming themselves in order to provide their own security.

The following were the responses given regarding government security in the

division during the time of conflict. Of the 150 respondents 90 (60%) said that they

were not safe when government brought its security during the conflict, while 60

(40%) said that they felt safe. Those who said that they were safe when government

brought its security gave the following reasons; that, the presence of the security

personnel gave them hope, the security went round disarming people, security would

go to villages and inform people that they would be attacked in advance, they

brought relative peace and escorted people to their farms and sometimes to the

shopping centers.

Those who said that, they were not safe gave the following reasons; that the security

men harassed people and beat them up for no reason; they raped pastoralist women

but not Pokomo women apparently because of the Kaya Bombo factor - security

officers it is claimed, feared that something wrong would happen to them if they

raped Pokomo women. In addition, the respondents reported that, the security took

people to prison for acquiring legal tools such as pangas (machete), spears et cetera.

The government security personnel, it is reported, were few and lacked sophisticated

weapons to deal with attackers. Further, they disarmed police reservists who were a

hope to the people. Government security, it is claimed were biased and went to

disarm one group of people and not the other, they would also go to conflict areas

Page 111: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

97

too late after attacks had already occurred. They were also involved in some of the

village attacks, thus they formed an ‘external force’, depending on how sympathetic

they felt towards a given group and at some point people were puzzled as they did

not know whether to trust them or not. This led to the government transferring

Pokomo and Orma police to other duty stations outside the district. It was also

reported that, the police were glued in their stations most of the time and seemed

undisturbed by what was happening in the areas under conflict.

Despite the presence of security, raids still occurred. In fact, the security actually

informed people in advance that, they should anticipate raids. The raids would then

take place while the so-called security disappears. The security were said to be after

money and looting. Therefore according to a group discussion it was better if

government security was not sent to the areas that were conflicting, because they

protracted the conflict.

5.3.1.5 Impact on education

The two secondary schools in the division were not attacked however a primary

school in Ngao location was attacked by pastoralists who kept shooting wildly in the

school compound when the students were having their usual night studies. Nobody

was killed. This incident frightened the secondary school students, whose school

bordered the primary school in question according to a key informant.

According to the respondents, the assessment of their overall marks for the subjects

done in school were as follows; None of the students had an excellent average mark,

while 17% rated their performance as being good, 44% reported that their

performance were fair and 33% said that they had performed poorly.

Students seemed to be most affected in the third term of the year 2001. Fifty three

per cent (53%) reported that their third term performance was the worst compared to

the first and second terms, while 31% said that the second term’s performance was

the worst for them, finally 18% said the first term was the worst term since they had

performed poorly then. The clashes begun in the beginning of the year, then it

Page 112: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

98

appeared to have cooled a little in mid-year and this may have raised the hopes of the

students; however, the third term or late that year the conflict had escalated again.

In comparing the performance for the years 2000 and 2001; most students reported

that they had a better performance in the year 2000, 61%. While 3% said there was

no big difference between the 2000 and 2001 class performance. The conflict in the

year 2001 had certainly affected the performance of the students.

It was reported by 69% of the student respondents that their parents could not pay

their school fees at the beginning of the year 2002. However, 22% of the students

reported that their parents did not have a problem in paying their fees; this may be

because these students have parents who receive salaries from the government

working in the civil service or other organizations. Parents who were peasant farmers

or pastoralists had problems paying school fees for their children.

Education was negatively affected when teachers stopped teaching altogether due to

the conflict. Sixty six percent (66%) of the respondents said that teachers were not

teaching regularly during the conflict period, while 26% of the respondents reported

that teachers were teaching regularly. Teachers live in villages and were affected and

afraid like other people to go about their normal routines. However, the government

had issued an order that all teachers had to go back to the schools and continue

teaching according to the students.

Table (5.10 and 5.11) reflects the opinions of respondents for the two secondary

schools studied. Table 5.11 shows some of the impacts that are specific to the

pastoralist students.

Of the 100 respondents, 30% reported that they had delayed to attend schools when

they were opened beginning of the year 2002 because they were terrified that the

conflict might still go on. During the December holidays of 2001 tensions in the

villages were very high. 29% of the student respondents said that they were socially

affected by the deaths of schoolmates and relatives. On the other hand 5% of the

respondents said that their parents restricted them from attending school, these were

mostly pastoralist students whose parents feared that since the two secondary schools

Page 113: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

99

in the division are situated in Ngao location, which is inhabited by mainly Pokomo

people their children would not be safe. Other students who were restricted to go

back to school by their parents were neither from the Pokomo nor the Orma and

Wardei communities.

All the students (100%) said that they could not concentrate while in class, and gave

several reasons such as; some of the students kept thinking about their families at

home and whether they were alive or not, this led them to sneaking out of school in

order to ask for information about their families from the villages nearby. Other

students said that they never slept at night because they thought that the school

would be attacked while they would be asleep since some of the primary schools

were burnt in the division. Some of the pastoralist students were afraid because they

were in schools that were in Pokomo areas and therefore could not concentrate.

Ten percent (10%) of student respondents were involved in conflict as they guarded

their villages at night. Five percent of the respondents became orphans as a result of

the conflict. While, 10% of the respondents had no houses to live in, because their

houses were burnt. Thirty percent (30%) of the respondents said that the teachers

went to school irregularly to teach and therefore never managed to clear the syllabus

on time. Further, twenty percent (20%) of the respondents said there was no peace

even after the closure of the schools and that they had to look for hiding places for

fear of imminent attacks.

The students in these schools do not trust each other; this is because some of the

students carried knives in school, according to 30% of the respondents. It is reported

by a key informant that some of the students, since they were minority they used to

go to the bushes during class breaks. This frightened other students. It is possible

that the minority students (from pastoralist families) were afraid of the majority

Pokomo students just in case they would be attacked and would therefore not wish to

linger around during class-breaks.

Page 114: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

100

Table 5.10: Impact of Conflict on students

N=100

Source: Fieldwork, 2002

Impact Number of

respondents

Percentage

Delayed in attending school when they opened in

the year 2002 to make sure it is safe, catching up

was difficult

30 30

Death of school mates and relatives 29 29

Cannot concentrate in school. 100 100

Guarded the village at night no time to study 10 10

Orphaned as a result of the conflict 5 5

No house to live in hosted by neighbours 10 10

Teachers came to school to teach irregularly 30 30

No peace at home looked for hiding places 20 20

We students do not trust each other some carry

knives

30 30

Schools closed early 50 50

Fainted in school people passed the school with

spears and livestock ran towards the school

10 10

Page 115: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

101

Table 5.11: Impact of conflict on pastoralist students

Impact Number of

respondents

Percentages

Parents removed me from school because

they are in Pokomo areas

5 5

Lost a lot of cows payment of schools

became a problem

10 10

Source: Fieldwork, 2002

Page 116: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

102

Fifty percent (50%) of the respondents reported that schools closed too early because

of the conflict. While 10% of the respondents said that their families had lost a lot of

livestock as a result of the conflict and that payment of their school fees became a

problem. Ten percent (10%) of the students reportedly fainted (because of profound

fear) at the site of heavily armed villagers passing by their schools. During an

incident the students thought they were about to be attacked when they saw livestock

running towards their school away from pursuers.

5.3.1.6 Other social impacts

Livestock herding became a problem, the herders could not freely move around for

fear that their animals would be attacked. Houses and manyatta were burned. Farms

as well as villages were abandoned. The Plates 5.2 and 5.3 show a burnt house and

an abandoned manyatta respectively. The Plate 5.4 shows an abandoned farm across

the river Tana.

Page 117: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

103

Plate 5.2: A burnt house at Tarasaa village

Page 118: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

104

Plate 5.3: An abandoned Manyatta

Source: Fieldwork, 2002

Page 119: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

105

Plate 5.4: An abandoned farm of banana plants across the River Tana overgrown with grass

Source: Fieldwork, 2002

Page 120: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

106

5.3.2 Cultural impact

In Oda-Wachu location, at the Oda village the Orma and Wardei internally displaced

persons had settled on Pokomo graveyards. The Pokomo claimed that they had no

place to bury their dead. The researcher was taken to see these sites. Most of the

graves had not been built in a permanent way; they were just mounds of sand, and

the displaced pastoralist groups had resided near the graves. The Pokomo were

therefore afraid to go bury their dead because they had to pass by the newly erected

manyatta (built on older graves which are unmarked and therefore it is possible that

the displaced did not even know that they had settled on graveyards).

At Oda-village, the pastoralists had overwhelmed the Pokomo in number due to the

displacement of pastoralists from other areas. The pastoralist Orma and Wardei had

even started constructing some permanent houses contrary to the usual style of

Manyatta in the Pokomo village (the two villages of the Pokomo and the Orma were

initially separated by a road). The pastoralists Orma and some Wardei new comers

had crossed the road and were putting up some buildings at the Pokomo side of the

village. This situation has exacerbated tension in the area. However, according to the

local Divisional Officer, he is handling the situation, by trying to have a discussion

with the pastoralists not to continue building permanent houses in the Pokomo area.

By the end of the research period this situation had not been resolved.

The researcher talked to some of the displaced people (mostly the Wardei are the

ones displaced from the manyatta at Tarasaa village to Oda) and they had divided

opinion some wanted to move back to their former areas while others did not want

because they doubted if there will be any peace at all. This is because at Tarasaa

where they had put up their manyatta some distance away from the Pokomo village

is still a Pokomo area and that is why they may not be able to go back. In fact the

pastoralists in this area are not concerned about making peace like the other

pastoralists in other areas that the researcher visited, because they believed that there

will never again be tranquility in the area according to a key informant.

The Pokomo would wish to see that the Orma and Wardei who had been displaced

due to the conflicts never return to where they used to stay before the conflict

Page 121: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

107

because they claim that the pastoralists had imposed their stay in their (Pokomo)

villages whereas Pokomo people had by no means forced themselves to live in the

pastoral areas, therefore the Pokomo farmers still guard their villages day and night

lest the pastoralist group come to put up their manyatta ‘again’ in their villages

according to a key informant (a man who guards his village).

Traditional rules of war

In most of the African communities there are cultural rules of war. Among the Nuer

(Gluckman, 1959:8-9) for instance, men of the same village fight each other with

clubs, not spears while men of different villages fight each other with spears. There

is no raiding within the community for cattle, and it is recognized that a man ought

to pay cattle as compensation for killing a fellow tribesman. When raiding foreign

people, men, women and children can be killed, and granaries can be destroyed but

not when raiding fellow tribesmen.

According to focus group discussions and key informant interviews the Orma and

Wardei pastoralists have the following rules of war. That;

1. Women, children, the very old and mad people are not to be killed or attacked

and should not go to war. People who kill such people become Yakka or outcasts.

Also it is believed that killing such people leads to bad luck in the war e.g. defeat.

2. Food stores and livestock were not to be destroyed or killed.

3. Women should not be raped. Women and children may be captured. Women in

captivity should not be “touched” until they are socialized into the community

and then married off properly in the community alternatively if they wish they

could be returned to their own communities after the conflict is over.

4. In the process of spying or Doya, spies should not be killed. They should be

taken to the Matadheda elders where they would be warned not to spy the area

and never to be seen in the surrounding area again. They would then be released.

5. People who are worshipping should not be killed.

6. Taking loot is acceptable.

7. War has to be declared in order to be fought. Many a times the Orma and Wardei

informed the Pokomo that they will be attacking them.

Page 122: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

108

8. Pokomo should be fought only with walking sticks and not any other kind of

weapon such as spears and the like, so that no blood is shed since they are weaker

in strength and are like brothers.

9. Fugitives even if they belong to enemy camp should not be killed, but should be

taken care of until it is peaceful for them to go to their land.

10. Should not go to war unless there is a good reason. The Matadheda elders

decides this, and a leader to lead the people to war is then chosen.

Pokomo traditional rules of war

Most of the interviewed reported that the Pokomo do not have rules of war; five of

the respondents held that the Pokomo people are not supposed to kill women and

children. According to a key informant an old man of 90 years old, the Pokomo

people never killed children and women in times of war. In the past when the

Pokomo realized that some of their kinsmen had disappeared they would mostly

suspect the Orma. When the Orma would ask the Pokomo to ferry them across the

lakes in order to go to their homes further into the hinterland the Pokomo men would

then kill the Orma men while they ferry them across the lakes to revenge for the

disappearance of their kinsmen. The Pokomo never openly declared a war with their

neighbours. They would never kill the women and their children who want to be

ferried across the lake, because the pastoralist women in many occasions saved

Pokomo men who had visited their pastoralist ‘friends’ innocently and unsuspecting

that their death was being planned. The women saved them by making sure that they

would leave before their pastoralist ‘friends’ realize.

Observation of rules of war

The recent conflict activities were carried out outside the norms of war making a

flagrant violation of norms of war - what the local communities would consider a

violation of human rights. This means that cultural expectations in intergroup

relations are fast disintegrating.

The penalty for breaking any of these rules is that somebody will be isolated

according to the rules of war of pastoralist groups. Even his own relatives are not

Page 123: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

109

supposed to associate with him. When the law-breaker dies he is not supposed to be

buried. However, if the person realizes his mistake and ask for forgiveness a

cleansing ritual will be performed and the person will be received back to the

community.

These rules of war were not observed according to group discussions and a key

informer and the necessary penalty for the law-breakers was not given. This brings

us to the fact that culture is being degraded as a result of conflict. Plate 5.5 below

shows a boy from Golbanti village, Ngao location killed by raiders and his sister

(Plate 5.6) who was attacked and wounded but later survived. Being children they

should not have been attacked if the rules of war were followed.

5.3.3 Psychological impact

A number of respondents reported that they knew people who were psychologically

affected 70 (46.6%) people said they knew of some affected people, 33 (22%) said

that they did not know and 47 (31.3%) did not attempt to answer the question at all.

Table 5.12 shows that, 27% of the people known to the respondents seem confused,

and are depressed. Seventeen percent (17%) had nightmares and hallucinations (for

example some people see everybody in a bus as skeletons). On the other hand 8% of

the psychologically affected people lack adequate sleep after witnessing people

being killed, the elderly people had developed hypertension and others had died so

fast in the conflict period without being killed by the enemy. Nine percent (9%) had

seen mutilated bodies and had helped to collect them for burials and yet appear very

calm, some of them who used to make jokes have become very quiet and they did

not show any emotion even after they saw the bodies of their relatives. Some of the

affected persons reacts very violently to loud noise, even the breaking of utensils

these form 23% of the affected persons. The researcher noticed in one village during

the celebrations of New Year (January, 1st, 2003) some people fainted when they

heard the fireworks thinking they were gunshots.

Page 124: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

110

Plate 5.5: A school boy killed at Golbanti village by raiders

Source: Fieldwork, 2002

Page 125: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

111

Plate 5.6: A schoolgirl wounded when raiders attacked her village

Source: Fieldwork, 2002

Page 126: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

112

Thirteen percent (13%) of the psychologically affected persons are reported to run

whenever they see some specific people from the enemy camp. A key informant

supports this view that some members of one ethnic group (pastoralists) run

whenever they see or imagine they have seen people of the enemy camp who they

consider perilous because they are allegedly strengthened with the Kaya Bombo

powers. The researcher informally interviewed a Pokomo young man who is always

‘seen’ by the Orma people as going after them and reported to the authorities.

However, on many occasions when he was purportedly seen around the man had

alibi and claimed he was not even around the district at the time when he was ‘seen’.

This young man has decided to spend most of his time outside the district so that he

can stop frequenting the offices of the authorities whenever he is reported.

According to the respondents, 23% of the affected people are full of fear, and are

rude even where there is no proper reason to be rude. Further, 1% of the

psychologically affected persons are reported to be insane. The researcher was

shown a woman in one village who kept on singing endless songs about the conflict.

The songs made sense but the fact that the lady tires herself singing the whole day is

the problem. Finally, 7% of the affected persons had been maimed.

Some people felt anomic because they had lost everything and had to adjust to a life

they were not used to. Other people were scared of their own homes assuming that

the neighbour’s house was safer than their own houses. Some suffered from

incoherent speech and felt so bitter they could not co-ordinate their speech well. Still

others felt that they were very ugly, the researcher was shown some gunwounds and

a man whose face was half gone because he was slashed using a panga Or a Machete

(the people did not want to be photographed) these people hide their wounds and feel

so inadequate and cannot comfortably attend public ceremonies lest somebody

wonders why they are ‘hiding’ themselves. Seven percent (7%) of the affected

people suffer physical deformity.

Some people that the researcher talked to had a strong sense of hatred towards the

other group. One Orma woman laments;

The Pokomo people are heartless people, they killed the sick people who went for

treatment in the hospital located in their village, and they also killed a pregnant

woman, removed the child from her womb and threw her body into the river.

Page 127: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

113

Table 5.12: Form of psychological impact

Form of psychological impact Frequency Percentage

Seem confused and are depressed 40 27

Nightmares and hallucinations 25 17

Lack of sleep, witnessed somebody being killed 12 8

Hypertension and sudden deaths to old people 30 20

Staying abnormally calm after seeing mutilated bodies of

relatives

14 9

Reacts violently to loud noise 35 23

Runs whenever one sees a person of the enemy camp 20 13

Full of fear, and very rude 35 23

Completely insane. 2 1

Physical deformity, covers the whole body, stays indoors 11 7

N= 150

Source: fieldwork 2002

Page 128: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

114

On the other hand one Pokomo young man admits;

I hate the Orma, they killed my father and they killed my relatives and stole their

internal organs, the heart, liver and private parts.. They hanged others, passing a tree

through them. So I felt mad and I just killed. …and I resigned now I was ready to

die. I waited for them to come but they did not come. I was disappointed because I

felt I was ready to die, because I had already avenged the death of my father, my

three relatives and my own death in advance…

The local people believe that the Young man is mentally sick as a result of the

conflict. There is unmistakably a strong hatred between the two conflicting parties.

5.4 General impact at individual and family levels

Table 5.13 shows the general impact of the conflict experienced by the respondents

in the study area both at an individual and at the family levels. Fifty three (53%)

percent of the respondents reported that the conflict led to their small-businesses

stalling, 33% reported that education stagnated, meaning that schools were closed.

On the other hand 97% held that the conflict created food insecurity because the

population could not go to their farms or herd their stock. In addition, 75% reported

that there was increase in poverty due to loss of property, 93% asserted that free

movement was restrained, while 37% stated that their families were displaced.

The respondents could not access necessities and these were 63%. Those who still

felt insecure were 67%. According to 53% of the respondents there was loss of lives

of relatives and wounded persons. The interviewer talked to two respondents who

were wounded when a heavily armed group of pastoralists attacked their village

(Plate 5.7)

Another impact of the conflict is that some parents who had become ‘non-resident’

found it prudent to stay home with family. Children had been reported (17%) to have

been traumatized by seeing people being killed. Finally people live in fear suspecting

and hating each other, (33%).

Page 129: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

115

Table 5.13: General impact of conflict at individual and family levels

Impact Frequency Percentage

Business stalled

80 53

Stagnation of education

49 33

Food insecurity

145 97

Poverty through loss of property 75 50

People could not move freely. 140 93

Family was displaced 52 37

Cannot access necessities 94 63

Feel insecure 100 67

Loss of lives of relatives and some are wounded 80 53

Parents who were non-resident found it wise to stay at

home

20 13

Traumatized children after seeing the killings 25 17

Fear, suspect and hate the other group 50 33

N=150

Source: Fieldwork, 2002

Page 130: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

116

Plate 5.7: Youths attacked by heavily armed pastoralists in their village

Source: Fieldwork, 2002

Page 131: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

117

5.5 Positive impact of the conflict

According to a group discussion one of the positive impact of the conflict is that the

sub-tribes usually divided were united during the conflict period. The Pokomo

peasant farmers are usually divided, likewise the Orma/Wardei communities. Such

that when either of the groups is not conflicting with one common enemy they

conflict internally.

The pastoralists, who had to pay a little fee to be ferried across the river by the

Pokomo, have in some places managed to cross themselves and have acquired their

own canoes. Plate (5.8) shows pastoralists ferrying themselves across River Tana in

their own canoes.

Page 132: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

118

Plate 5.8 Pastoralists ferrying themselves across River Tana

Source: Fieldwork, 2002

Page 133: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

119

CHAPTER SIX

CONFLICT MANAGEMENT

6.0 Introduction

Conflict being an unending human problem can be a healthy aspect of society if pro-

actively managed (Deusdedit, 2002:13). Conflict if properly managed can open up

new possibilities and alternatives. In order for the conflict to be managed in the study

area the conflict situation must be well analyzed, such that issues relating to the

conflict can be identified and the best suitable action taken.

Conflict is a complex social reality with many layers and root causes (Deusdedit,

2002:15). Identifying and addressing the root causes of a conflict will not necessarily

resolve the conflict, because so many other layers of causality remain (Simon

Fischer et al; 2000:57). Only when all the issues, especially the root causes of a

conflict are seen to be addressed by the parties to the conflict and are convinced that

a solution to their problems will be found, conflict will then be nearing a settlement.

It is argued that different people may be required to work together on different

aspects of the conflicts in order to receive the best results in managing conflicts. That

means political leaders, religious leaders, Non-governmental Organizations, all have

a part to play (Ibid. p15). In the case of Tana River, the farmers, pastoralists and the

government must play their roles too.

Conflict can be managed in different ways depending on the parties involvement,

and the type of conflict experienced. In the Tana conflict seminars, workshops and

open-air meetings (baraza) have been arranged in an attempt to manage the conflict.

All in all good leadership is an indispensable factor in conflict management. A good

leader will work towards managing the conflict as an entry point before conflict

resolution and reconciliation can be done.

This chapter deals with opinions given on how peace can be achieved and probably

sustained.

Page 134: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

120

6.1 Organizations and institutions that are involved in managing the conflict in

Tana-River

There are a number of organizations and institutions that have been involved in the

management of conflict in the study area. Eighty one percent (81%) of the

respondents agree that there were some external interventions in conflict

management, while 5% reported that there have not been any such organizations

managing the conflict in their areas. Moreover, 1% did not know whether there were

such organizations that have been involved in managing the conflict in their

respective areas or not.

The organizations/institutions that have been involved in conflict management

include; Council of Imams and Preachers of Kenya, World vision, The Red Cross

Society, Council of elders, Arid Lands resource and Management Programme in

Conjunction with Ox-fam, among others.

According to 91 (61%) of the respondents there are no positive signs of achieving

sustainable peace. The local people do not seem to trust the peace meetings that are

conducted outside the district by some Non-Governmental Organizations (NGOs) in

collaboration with government officials. One chairman of the Gasa informed the

researcher that he was picked from his house at night to go and represent his people

at a peace meeting to be held outside the district. The elder complained that he was

not informed in advance hence he could not call for a meeting to inform the villagers

concerning this appointment. When he went to the meeting he did not therefore

participate in it because he argued that if he had participated he would have given his

own views and not those of his people.

According to a group discussion, people got suspicious of peace meetings taking

place outside the district. It is reported that NGOs select their own people considered

as being poor representatives by the population, to attend workshops for peace on

behalf of their communities. The community would like to choose their own people

to represent them in such meetings. However, according to the District

Commissioner of Tana River District, workshops conducted outside the district for

Page 135: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

121

peace are good because they enable participants to discuss issues in stress-free

environment, and without fear.

It is revealed that pastoralists were still taking their livestock to graze on abandoned

farms and that farmers cannot access fishing areas as usual. In one of the peace

meetings attended by the researcher, one Orma chief said that, there are people of

Cushitic pastoral origin leaving in the forests near the fishing grounds, who have

never heard of the word peace before and therefore even though the Pokomo and the

Orma were talking peace, no Pokomo should go fishing lest they are attacked by

‘these people’. This particular chief suggested that if the Pokomo men desire to go

fishing, they should make sure that they are escorted by the Orma chief himself.

The Pokomo told the Orma chief that he should tell these people to go back to where

they came from since they were visitors of the Orma. The Chief admitted that these

Cushitic people were ‘visitors’ and that as he goes to contact these people trying to

make peace with them, sometimes he does not even understand their language.

According to a key informant there will not be sustainable peace unless the land and

water corridors are demarcated and registered. Also, the Wardei were the most

affected compared to the Orma and are not ready for peace. They believe that the

Orma have taken advantage of them, such that they were taken to the battlefront and

were more involved in the fighting than the Orma. This has caused tensions between

the Orma and Wardei.

According to 46 (31%) of the respondents there are positive signs of achieving

sustainable peace. It is felt that people are generally drained because of the fighting

and want to stop the violence and the conflict since they have lost too much. The

farmers have high hopes that the making of boreholes in the hinterland for the

pastoralist by some Organizations such as the Red Cross will bring about sustainable

peace since this will reduce the competition for resources at the riverine areas. The

provincial administration has informed the community that whichever group rouse

attacks will face the wrath of the government; this has caused the fighting to cease.

However, the key issues, which have acted as root causes of the conflict, are far from

being addressed and no lasting peace will come if these issues are not addressed.

Page 136: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

122

Some of the respondents, 8 (5%) reported that they were not sure of sustainability of

peace but they prefer to ‘wait-and-see’.

6.2 Different roles in Conflict Management

In order for the conflict to be managed there are a number of roles for the different

parties to the conflict and the government. When asked about these roles that the

various parties could play in conflict management, the respondents provided a

number of suggestions as recorded in Tables 6.1, 6.2, and 6.3.

6.2.1 The role of farmers

The study revealed (Table 6.1) that, 8.6% of the respondents said that in order to

manage the conflict all the farmers ought to fence their farms so that animals may

not stray into farms. While, 36.6% of the respondents reported that farmers need to

press for land adjudication to continue in the district. The pastoralists perceive land

as a common resource where everybody has a right of use, whereas the farmers have

a customary system of land ownership based on the clan system as highlighted

earlier. Furthermore, 3.3% of the respondents said that the conflict may be resolved

if the water corridors are increased where there are not sufficient for the use of

livestock. According to a group discussion, ‘visitors’, in the district, should not

expect new water corridors to be allocated for them. Instead they should use the

available ones that are recognized by the pastoralists who live in the district, instead

of forcing their way to access the river through farms.

Instead of taking the law into their own hands the farmers should report the

destruction of their crops to the authorities, according to 3.3% of the respondents.

According to a key informer, by the time somebody goes to report the animals may

have fed on the entire farm, since the farm plots per person rarely exceed 1.5

hectares. In addition, the authorities have been reported not to take any action, since

farmers in most cases finds it tricky to identify individual pastoralists who guide

their livestock into farms. Sometimes farmers go to a nearby pastoralist manyatta to

try and identify the culprit but in vain. Then the Matadheda are blamed for hiding

such culprits. The problem is that sometimes the Matadheda may not even know the

person being implicated for such offence this is because the pastoralist groups in

Tana River increase seasonally, and then go back to their areas as far as Garissa.

Page 137: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

123

Table 6.1: The role of farmers in conflict management

Role Frequency Percentage

Farmers should fence their farms 13 8.6%

Press for the land adjudication exercise to continue 55 36.6%

Increase water corridors where they are not sufficient 5 3.3%

Should report to the authorities in case livestock graze

on their farms

5 3.3%

Should not encroach into the recognized water corridors 29 19.3%

Get their farms that have been grabbed by the

pastoralists back – so that people do not have to fight for

what does not belong to them.

49 32.6%

Insist on separate areas for grazing and farming 10 6.6%

Individual farmers should not allow their farms to be

used as grazing fields as this affects other farmers

30 20%

N=150

Source: Fieldwork, 2002

Page 138: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

124

Others are Some Somali refugees (the Galjeel) who also live in the district.

All the areas that are culturally recognized as water points should not be encroached,

according to 9.3% of the respondents; on the other hand 32.6% of the respondents

said that the farmers should get back all their farms from the pastoralists that they

had grabbed. In addition, 6.6% of the respondents said that the farmers should insist

on separate areas for farming activities and for grazing activities. Further, 20% of the

respondents proposed that individual farmers should not allow their farms to be used

as grazing fields after harvests or before, this is because the livestock end up grazing

in other people’s farms, since none of the farms are fenced. Also it has been reported

by one key informant that when one pastoralist is allowed to graze in a farm from

after harvests, the person then invite very many people claiming that they are

relatives. Such people keep grazing on the farm and extending to other farms

bringing about conflict.

6.2.2 Role of pastoralists

The study was also interested in knowing what role the pastoralists can play in

bringing about amicable relations with their neighbors since it appears that conflicts

more often than not begin with pastoralists encroaching on farms. The responses

were as recorded in Table 6.2:

Seventy two percent of the respondents said that, in order for the conflict to be

managed, the pastoralists should graze their livestock in the hinterland, far away

from the farms, while 36% said that the pastoralist should water their stock only on

the specified water corridors. In addition, 33% reported that pastoralists should

surrender land they had allegedly grabbed from the farmers, 39% reported that even

in case of emergencies such as droughts pastoralists should respect farmers property

by not grazing their stock on planted farms. Further, 10% of the respondents

proposed that grazing should be confined on the ranches, 10% added that the

pastoralists should reduce the size of their herds so that the herder may not find it

difficult to control the animals not to enter into farms as they are taken to the river to

drink water. Also according to 7% of the respondents, pastoralists should accept the

land adjudication exercise because ranches were registered without any objection

from the farmers.

Page 139: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

125

According to 13% of the respondents for the conflict to be well managed the

pastoralists need to hand over their guns to the government. Some of the respondents

(3%) have suggested that the pastoralists should do away with some cultural beliefs

that they are more superior to the farmers and take their children to school.

Education may help reduce strong ethnic sentiments, which are culturally deep-

rooted. Lastly, 7% of the respondents said that the pastoralists should not

misconstrue individual wrangles for ethnic conflicts, as this may spark a large-scale

ethnic violence.

6.2.3 The role of the government

The role of government in conflict management was sought and the following

responses were recorded.

In order for the conflict to be well managed (Table 6.3) 30% of the respondents said

that, the government should dig boreholes in the hinterland for use by the pastoralists

in order to reduce competition for water resources. Sixty three percent proposed that

the government need to continue with the land adjudication programme so that free

movement of people and stock may be controlled. On the other hand, 33% reported

that the government need to improve the security of the area for the conflict to be

managed, security may be improved by introducing more police stations in villages,

arming the police force with sophisticated weapons, training police reservists and

giving them sophisticated weapons too. Others considered that an army barracks

ought to be established in the district due to the position of the district bordering

politically unstable states such as Somalia through Garissa and Lamu district.

According to 5% of the respondents the government should ensure that each group

does not encroach into the other’s land. Further, 7% said that the government should

mediate peace talks in the district. Whereas 10% were of the view that all the

‘visitors’ in the district should be sent back to their lands, because they increase

competition for the limited resources. Also, 13% said that the government should

take legal action against leaders who utter inflammatory statements. According to

10% of the respondents the government should stop creating new locations out of the

existing ones for specific ethnic groups.

Page 140: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

126

Table 6.2: The role of pastoralists in conflict management

Role Frequency Percentage

Pastoralists should graze their animals in the hinterland

far away from the farms

108 72

Pastoralists should use the specified water corridors to

water their animals

54 36

Pastoralists should surrender the land they grabbed from

the farmers

50 33

In case of emergencies like droughts livestock should

not be left to graze on farms but pastoralists should

respect farmers’ property

58 39

Grazing should be confined in ranches 15 10

Reduce the number of livestock to reasonable size 15 10

Should accept land adjudication for farmers because

farmers did not object when ranches were registered

10 7

Hand over guns to the government 20 13

Do away with some cultural beliefs and go to school 5 3

Tackle individual cases as such conflict with one person

should not lead to ethnic war

10 7

N=150

Source: Field Work, 2002

Page 141: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

127

Table 6.3: The role of Government in conflict management

Role of Government Frequency Percentage

Dig boreholes in the hinterland for use by the pastoralists 45 30

Continue with land adjudication in order to restrict free

movement

95 63

Improve security in the district 49 33

Ensure no encroachment by either group on the other’s

land

7 5

Mediate in peace talks 10 7

‘visitors’ in Tana River should be sent back to their

lands

15 10

Take legal action against leaders who utter inflammatory

statements

20 13

Stop creating exclusive locations for pastoralists from

existing locations

15 10

Stop behaving like the conflict and the people in Tana

River do not exist

10 7

Encourage pastoralists to take their children to school 5 3

Search for arms from both communities and should not

be biased

38 25

Should separate farmers from the pastoralists 47 31

Do nothing 5 3

N=150

Source: Field Work, 2002

Page 142: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

128

Some of the respondents (7%) were of the opinion that the government has neglected

the district and has not been taking the conflict seriously. The government should

therefore take action in managing the conflict and making sure that the people in

Tana River are safe. In addition, 3% said that the government should encourage

pastoralist groups to take their children to school.

The government should not take sides in the conflict according to 25% of the

respondents, and should therefore search for weapons from both groups; the question

is, why should the people want the government to mediate the conflict management

exercise, if they think the government is biased? The people realize the government

has coercive force and could help bring peace to the district. Without the government

people will kill each other year in, year out because the conflict seem to be

institutionalized.

According to a group discussion, the government should act as a witness in the

intercommunal peace talks. The government according to 31% of the respondents

should separate the farmers from the pastoralists because living together is directly

proportional to conflict and this may be a good solution for the conflict. However,

according to a group discussion with the pastoralists they do not want to be separated

from the farmers because they cannot live without them, they need to be exchanging

their pastoral goods with them. The farmers on the other hand report that they can

live without the pastoralists, by the time the researcher left the study area no farmer

was buying milk from the pastoralists. The government should do nothing according

to 3% of the respondents, this position shows a resigned mood on the part of some

respondents

According to a report made by the Law Society of Kenya (LSK, July, 2002:10)

government administrators whether at the local level or otherwise have never been in

a position to sufficiently deal with the conflict situation in Tana River. In dealing

with the conflict emphasis is laid on peace for its own sake and not justice obtained

through punishing the perpetrators of the conflict. This is further reported by one key

informant who said that the government administrators would call for a public

meeting and simply ask how many people want peace. The people therefore

Page 143: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

129

complain that the real issues to the conflict are not addressed and pastoralists are

quick to accept peace and quick to repeat atrocities.

6.3 Solutions given to the conflict by the Tana River Gasa elders

According to a report made by the Gasa (August, 2001);

1. The killers should be brought to book

2. In the district 70% of the land is government land. Out of this 58% has been

allocated to group ranches namely, Idasa Godana, Kon Dertu, Nairobi,

Kitangale, Kurawa Holding, Giritu, Mpongwe, Wachu and Galana. All the

above ranches have been issued with title deeds that belong to Orma and there

are plans to register five more ranches namely, Assa, Hangada, Jama Komoro,

Waldena and Bura Group. The government should not deny the Pokomo land

registration under the pretext of insecurity

3. No more allocation of group ranches. The five ranches should not be registered

4. The Pokomo occupy only 10% of the land. It is unfair to deny them this small

percentage; therefore the land adjudication should be commenced with

immediate effect.

6.4 Possible solutions of the conflict obtained from participants of a workshop

According to a workshop report prepared by, Arid Lands Resource Management

Project (ALRMP, 2001b). In order to manage the conflict the following should be

done;

Strengthen traditional structures of council of elders

It is important to revitalize the cultural conflict resolving institutions, such as the

Gasa and Matadheda this can be done through;

Identifying two elders from each location to form a peace management

committee

Local leaders, making sure that the youth respect the decisions arrived at in

meetings of the council of elders

Page 144: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

130

Elders nominated in the Gasa and Matadheda should be faithful and

committed elders of the community

Peace ceremonies – “Ibisa” should be conducted after conflicts occur to

ensure reconciliation

Peace committees should be chosen by the village elders themselves

During deliberations elders should be open and truthful

Matadheda and Gasa should avoid indulging themselves in political affairs

Chiefs should stop interfering into the activities of the Gasa and Matadheda

Matadheda and Gasa to deliberate peace related issues.

Land adjudication

Land conflicts to be dealt with by the Gasa and Matadheda

Avail at least two water corridors or malkas in every location

Elderly people to take responsibility of herding especially near the farms

According to a Peace and Reconciliation Workshop for Councilors (Caritas

Malindi Development office, February, 2002) propositions that were made with

regard to the issue of land adjudication include the following;

Involvement of all community members on issues related to land

adjudication, so that both farmers and pastoralists can know what is at stake.

Involvement of the community elders for they are the backbone of the

community

Land to be adjudicated following cultural and traditional structures as done in

other areas in the country

Consideration of dry and wet seasons for both farmers and pastoralists for the

sake of different livelihood set-ups

Land to be adjudicated following traditional and ancestral ownership

Formation of land adjudication committees should be inclusive of all

communities

Government land should be adjudicated to the people for example, the

moribund irrigation schemes.

Page 145: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

131

Recurrent bout of drought

Kenya electricity generating company (Ken gen) and Kenya Power and

lighting company to assist drought related development projects in Tana

River district, since the damming activities upstream has resulted in reduced

flooding in the delta causing destruction of ecology and affecting fall-back

areas

Construction of dams/reservoirs to harness water for use during dry spells

Reluctance of appropriate measures by administrative arms

Peace management committees that are formed should form regulations

which conforms with laws of Kenya and to involve all stakeholders

Rumor mongers to be dealt with accordingly

Victims of conflicts should be penalized in accordance with the law

Office of the District Commissioner to facilitate elders deliberations

Poor community relationship

Conflicts occurring in one area should not spread over the entire district

Communities should respect each others culture and lifestyles

People to form a spirit of apology and forgiveness

Abide with religious teachings

Tana River residents to have a common understanding towards visitors in the

district

6.5 Solutions given by the Orma and Wardei pastoralists

Riverine land should not be registered according to Pokomo customs alone, but the

government should also consider traditional ways of land-use among the pastoralists.

This is because the pastoralists have found out that the land in the hinterland is not

productive for those who want to practice or are already practicing agro-pastoralism.

Thus, the pastoralists in Tana River would like to share the riverine land with he

farmers.

Page 146: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

132

The pastoralists would like to be educated on the land adjudication processes and

what is at stake for them.

6.6 Traditional Method of Conflict Resolution

In the past when the Pokomo farmers conflicted with the Orma (not the Wardei)

pastoralists they would perform a ceremony called ‘ibisa’ usually done in the area

worst hit by the conflict and this was therefore always done in the Pokomo villages.

The pastoralists would provide a bull and the farmers, farm products, usually rice.

People would talk of the causes of the conflict and the perpetrators of the conflict. A

prayer would be made, and anybody who would initiate the conflict afresh would be

cursed such that bad luck would befall him and his entire family.

The last ‘serious’ conflict that occurred in the 1980-1981 was not resolved

traditionally and people feared that the conflict could erupt anytime. The Pokomo

farmers therefore had an agreement with an Orma who wanted to be a legislator in

1997 that they would vote for him, if he could assure the voters that during his term

he would facilitate ‘ibisa’. Unfortunately the said Orma became a Member of

Parliament and did not facilitate the traditional peace-making ceremony. Instead

during his term conflict rose to its worst peak in the year 2001.

According to a group discussion some of the members of the group felt that

sustainable peace could be obtained through the traditional ceremony of ‘ibisa’.

However, there are a number of issues to be addressed; to what extent will ‘ibisa’ be

effective keeping in mind that the parties to the conflict have changed? The only

people who can conduct ‘ibisa’ are Pokomo and the Orma. Now the conflict scene

has new actors such as the Wardei. According to a group discussion with the Wardei,

they are aware that the Orma used to resolve their conflicts with the Pokomo people

through ‘ibisa’ but they have never conducted this with the Pokomo themselves,

although some of them have settled in the district since 1967.Ibisa may not be

effective unless it is modified to fit the values of the new actors in the conflict scene.

Page 147: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

133

At a peace meeting conducted in an Orma village between the Orma and the

Pokomo. The researcher observed that, the Pokomo elders called all the Pokomo

who attended the meeting and briefed them on what to talk about. There was to be no

mention of the causes of the conflict, and no mention of ‘ibisa’, people were to talk

about impacts of the conflict (not to mention the killings but talk generally on

impacts on education and economy) and why they wanted peace. The Orma, the

researcher noted talked about bitter experiences of the conflict. This stance taken by

the Pokomo was probably used to act as a balance so that the meeting could be

successful, because if both parties talked resentfully then people would have left the

meeting feeling bitter after they would have been reminded of their losses.

Page 148: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

134

CHAPTER SEVEN

SUMMARY, CONCLUSIONS AND RECOMMENDATIONS

7.0 Summary of the findings

The general objective of this study was to find out the causes of the conflict, what

compels the pastoralists to behave in a war-like manner, the impacts as well as the

management of the conflict.

The first specific objective was to find out the causes of the conflict and it was found

out that the cause of the conflict was multidimensional as well as multifaceted in that

a number of causes were cited and these include; fear of displacement by the

pastoralists due to the land adjudication exercise which had hardly taken off,

incitement by politicians, Gasa and Matadheda elders, grazing in planted farms, land

ownership and creation of new administrative locations – this was a problem in that

the two conflicting communities perceived the locations differently, one of the

groups viewed the locations as areas comprising of specific ethnic groups. The other

causes are closure of water corridors, lifestyles and different uses of common

resources, drought and creation of unrecognized water corridors passing through

farms and influx of aliens in the district. This study did cover any longitudinal

comparisons of causes of conflicts but this can be an area for further research.

The implication is that the first assumption of the study, which states, “Under normal

circumstances, conflict like cooperation is multidimensional and multifaceted in

cause and consequence. Tana River being an arid and semiarid district, it is however,

expected that conflict between the pastoral Orma and Wardei and the agricultural

Pokomo is about ownership and use of land, pasture and water resources”, was

proved to be correct. As a consequence of this, the following recommendations can

be suggested:

Page 149: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

135

1. The pastoralists should be educated on the land adjudication issue. Land tenure

should be governed through customary or communal rites.

2. Community relations can improve if both groups respect each other’s wealth.

Farmers should not attack livestock that graze in their farms but may tie the

animal and report to the relevant authorities. The pastoralists should also respect

the farmers crops and should not deliberately graze their animals in farms

3. All leaders should desist from issuing negative statements. The council of elders

from the conflicting groups should avoid issuing inflammatory statements. The

traditional institutions of the Gasa and Matadheda should be revitalized to

enable conflict to be treated at an early stage before it erupts to uncontrollable

violence.

4. On the issue of land ownership and creation of new locations, the farmers should

not be dispossessed of the riverine land, which is only 1/10 of the land in the

district.

5. With regard to malka areas the government should demarcate the existing

watering points and maintain them, where possible fence them, though this may

be expensive, but in the long run it will be cheaper than the cost of conflict.

6. New locations created out of existing ones should be revoked and the old ones

remain as before

7. There are no proper droughts coping mechanisms. There is a lot of surface run

off through seasonal rivers. Instead of wasting this water which ultimately drain

into the Indian Ocean. The water may be dammed at several points so that it can

be used for irrigation or livestock. This will keep the pastoralist groups inland

8. There should be proper and controlled movement of pastoralists from

neighboring districts or countries as the case may be

The second specific objective was to find out the environmental and other factors

that compel pastoralists to be war-like. It was found out that the culture of the

pastoralist groups might be a contributing factor in that some of the pastoralists seem

to hold a conviction that they are the only ones who should keep certain kinds of

livestock and if others keep them they will be dispossessed. The culture of cattle

rustling contribute to the war-like behavior of pastoralists where it may be practiced

Also the harsh environmental conditions may be a contributing factor in that

Page 150: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

136

pastoralists have to walk for long distances often in areas with wild animals. They

also need to constantly protect themselves against military raids by fellow human

beings in new areas that they go for purposes of grazing. They therefore need to

prepare themselves for such eventualities.

It is important to note that historically, the pastoral groups (Orma/Wardei) have

oscillated between Tana River to the south in Kenya, Ethiopia to the north and

Somalia to the east. In the neighboring countries that is, Southern Ethiopia and

Somalia they have both relatives and stock associates. These are areas of insecurity

from where they have acquired sophisticated weapons. This also encourages them to

bully the Pokomo.

Under normal circumstances the pastoral communities do not value land per se but

in terms of the resources there in, that is, water and pasture. This is why the idea of

open corridors to River Tana and grazing in the fields of farmers are significant

causes of the conflict. Thus, the different perception of what is a resource, who owns

it and how it should be used differs from society to society, depending on the mode

of livelihood and culture.

Thus the second assumption, which states “environmental factors and the distance

between the Orma and Pokomo cultures leading to different perceptions towards

resources and each other are probably some of the causes of the conflict between the

two groups that pursue different kinds of livelihoods”, has been confirmed to be true.

There is no intergroup, intercultural communication between the Orma/Wardei and

the Pokomo due to institutionalized conflicts and contradictions based on

ethnocentrism, stereotypes and social segregation.

It is therefore recommended that; aspects of cultures, which are no longer useful,

should be done away with. The belief that only pastoralists have a right to livestock

is retrogressive and should be done away with. The culture of raiding among

pastoralists should also be left and new ways of coping with calamities for example,

drought should be sought. Governments should ensure its citizens are secure.

Page 151: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

137

The third specific objective was to find out the socio-economic, cultural and

psychological impacts of the conflict.

The socio-economic impacts included the following; there were internally displaced

persons, some members of a specific group could not attend public hospitals because

most of the workers of the hospital are from the enemy camp. Necessities became

difficult to obtain and the people obtained them through walking in groups for

security reasons as they go to their farms, shopping or to the forests to get building

materials as the case may be. Relief aid was distributed in form of food, drugs and

even building materials to both the affected parties although the relief aid was slow

in coming and inadequate most of the times. Most of the people did not feel safe

when government security was taken to their villages because they complained of

harassment.

In the education sector, students reported lack of concentration in school, some of

the students kept thinking about their relatives at home and whether they were still

alive or not, some lost their relatives, others were involved in the conflict through

guarding their villages, other student respondents were orphaned as a result of the

conflict, in the schools studied the students do not trust each other because some of

them carry weapons like knives, among other impacts.

The cultural impacts were as follows; some of the displaced people have settled on

graveyards such that another group is not able to bury their dead. In addition the

traditional rules of war were not observed during the conflict and this brings the

realization that cultural expectation in intergroup relations are fast disintegrating.

The psychological impact is manifested in the following ways; confusion and

individuals getting depressed, some people are ever miserable, some get nightmares

and they hallucinate, still others experience sleeplessness. Old people have suffered

from hypertension and sudden deaths, some people are abnormally calm even after

seeing mutilated bodies of relatives, others react violently to loud noise, at least two

people are completely insane while others ‘feel ugly’ due to physical deformities

they succumbed to and they fully cover their bodies and stay indoors.

Page 152: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

138

It is recommended that intervention strategies in the study area by the government or

Non-governmental organizations should find a way of dealing with the

psychological impact apart from giving aid on physical needs alone. People need to

have their psychological needs attended too.

There are some positive impacts that have occurred as a result of the conflict. The

sub-tribes from both the conflicting groups that usually are divided were united

during the period of active conflict. Some Orma pastoralists have acquired their own

canoes and can ferry themselves across the river meaning that they do not have to

pay the fee to be ferried by the Pokomo farmers in some areas.

The fourth specific objective was to find out ways of managing the conflict. A

number of views have been obtained from the study area. There are a number of

organizations/institutions, which are involved in the management of the conflict.

Some of the organizations include the Red Cross, Council of Imams and Preachers

of Kenya, World vision, the Arid Lands and Resource Management Programme in

conjunction with the ox-fam group among others. The institutions involved include

the Pokomo elders of council (Gasa) and the Orma/Wardei council of elders

(Matadheda).

For the conflict to be managed different groups have their roles to play. The farmers

it is reported should fence their farms, they should press for the land adjudication

exercise, should increase the water corridors where they are not enough, ought to

report to the authorities in case pastoralists graze their animals in their farms, must

not encroach on water corridors, should take grabbed farmlands from the

pastoralists. In addition the farmers are to insist on separate areas for themselves and

the pastoralists and finally individual farmers should not allow their farms to be used

as grazing areas as this is likely to affect other farmers.

The pastoralists are to graze their animals in the hinterland far away from the farms,

they are to use specified water corridors, they are to surrender the land they grabbed

from the farmers and in cases of emergencies like droughts livestock should not be

left to graze on farms but pastoralists should respect farmers property. The

pastoralists should confine grazing in the ranches, they should reduce their herd size,

Page 153: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

139

should accept land adjudication for the farmers because the farmers did not object to

the ranches being registered. The pastoralist in order to manage the conflict it is

proposed that they should surrender their guns to the government; they should do

away with cultural beliefs and take their children to school. Finally, they should

tackle individual cases of conflict as individual instead of letting the conflict

between two people spread to the whole society leading to ethnic war.

The solutions given to the pastoralists themselves are that, the land should not be

registered according to Pokomo customs alone but consideration should be given to

pastoralist traditional system of land-use. In addition the pastoralist would like to be

educated on the issue of land adjudication before they can be expected to accept the

exercise.

The solution given by the Gasa generally is that, the government should not deny the

Pokomo an inalienable right to legally own their land under the pretext of insecurity

while the pastoralists own ranches legally.

According to participants of a workshop there is need to strengthen the traditional

structures of the council of elders in order to handle the conflicts, at least two water

corridors should be availed in every location and registration of land should

continue.

In another workshop, the views of the participants include; that the community

members should be involved on issues related to land adjudication so that both

farmers and pastoralists can know what is at stake, the community elders should be

involved, land to be adjudicated following cultural and traditional structures,

consideration of dry and wet seasons for both farmers and pastoralists for the sake of

different livelihood set-ups, land to be adjudicated following traditional and ancestral

ownership. In order to address the issue of droughts there should be the construction

of dams/reservoirs to harness water for use during dry spells.

With regard to reluctance of appropriate measures by administrative arms the

government should deal with early warning signs of conflict such as rumour

mongering among other things. To improve on community relations conflicts

Page 154: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

140

occurring in one area should not spread over the entire district and the communities

should respect each others culture and lifestyles. With regard to conflict management

it is recommended that the government should as a matter of priority establish a

barracks in Tana River considering its strategic position to some unstable countries

such as Somalia and Ethiopia.

The research findings show that there is a great need for proper policies on land in

Tana River district taking into consideration the traditional ways of land-use and

ownership of the locals.

An unbelievable amount of human suffering has already occurred in the district,

resulting from the conflict. It is to the credit of the local people mostly, that a fragile

peace now holds as a result of different committees for peace (Elders, women and

the youth), which enabled the visitations of pastoralists and farmers at their

respective villages to talk about peace.

At the base of the human suffering are the complex problems of natural resources of

land, water and pasture. If these are not managed with reasonable priority and in a

way to lead to the settlement of the conflict, the existing peace will suffer strains it

may be unable to endure.

Page 155: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

141

REFERENCES

Reuck, A. (1984). The Logic of Conflict: Its Origin, Development and

Resolution. In Banks, M. (ed.) Conflict in World Society: A New

Perspective on International Relations. Brighton: Wheat sheaf Books

Adedeji, A. (ed.) (1999). Comprehending and Mastering African Conflicts; The

Search for Sustainable Peace and Good Governance. London: ACDESS

Arid Land Resource Management Project (ALRMP), (2001a). Tana-River Baseline

Study of the Gasa and Matadeda Traditional Structures. (Unpublished).

Arid Lands Resource Management Project, (2002). Peace and Reconciliation

Workshop for Councilors of Clash Affected Areas. (Garsen and Kipini

Divisions) (Unpublished).

Arid Lands Resource Management Program, (2001b). Tana River District Workshop

Report on Conflict Management held at the Lutheran Guest house, Malindi

(Unpublished).

ALRMP, (2002). Report on the Proceedings of Constituency Leaders Peace

Meetings; Tana River District. (Unpublished).

Baxter, P.T.W. (ed.) (1991). When the grass is gone; Development intervention in

African arid lands, Uppsala: The Scandinavian institute of African studies.

Baxter, P.T.W. (1994). “The Creation and Constitution of Oromo Nation”. In Fukui,

K and Markakis, J (eds.) Ethnicity and conflict in the Horn of Africa.

London: James Currey.

Bonaya, T. W. (1969). ‘The young Buu Association 1944 -1956’. In Macintosh,

B.G. (ed.) Nairobi Historical Studies 1: Ngano. Nairobi: East African

publishing House.

Page 156: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

142

Bunger, R. (1970). Pokomo Political Organization History. Discussion paper No.

10. Nairobi: University of Nairobi.

Burton, J. (1990). Conflict Human Needs Theory. London: Macmillan.

Caritas Malindi Diocese, (2002). Peace Building Elected Leaders Meeting: Kipini

and Garsen divisions, Garsen, Kenya (Unpublished).

Chadwick-Jones, J. (1979). “Social Psychology”. In Chadwick-Jones (et al.) Brain,

Environment and Social Psychology. Baltimore: University Park Press.

Chisholm, M. and Smith, D.M. (1990). Shared Space Divided Space. London:

Unwin Hyman Limited.

Cohen, Y.A. (1974). Man in Adaptation: The Cultural Present. 2nd

ed. Chicago:

Aldine.

Coser, L.A (1969). “The Functions of Social Conflict” In Coser, L.A and Rosenberg,

B. (ed.) Sociological Theory: A Book of Readings. 3rd

ed. New York:

Macmillan Company.

Dahrenndorf, (1969). “Out of Utopia: Toward a reorientation of Sociological

Analysis”. In Coser, L.A and Rosenberg, B. (ed.) Sociological Theory: A

Book of Readings. 3rd

ed. New York: Macmillan Company.

Daily Nation, December, 11, 2001.

Daily Nation, March 7, 1992.

Deusdedit, N. (ed.) (2002). African Journal of Leadership and Conflict Management.

Vol. 1 No. 1. Kampala: Makerere University.

Duffield, M. (1991). War and Famine in Africa. Oxfam Research paper # 5. Oxford:

Oxfam publications.

Page 157: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

143

El-Hinnawi, E. (1985), “Environmental Refugees”. In United Nations Environmental

Programme. Nairobi: UNEP.

Fukui, K. and Markakis, J. (1994). Ethnicity and Conflict in the Horn of Africa.

London: James Currey.

George, Simmel. (1969). “Conflict as Sociation”. In Coser, L.A and Rosenberg, B

(ed.) Sociological Theory: A Book of Readings. 3 ed. New York: The

Macmillan Company.

Gasa elders, (August 2001). The Tana Clashes: The Real Causes and Solutions.

(unpublished).

Glickman, H. (ed.) (1995). Ethnic Conflict and Democratization in Africa. Atlanta

and Georgia: The African Studies Association Press.

Gluckman, M. (1959). Custom and Conflict in Africa. Oxford: Basil Blackwell

Homer-Dixon, D.F. (et al.) (1993). Environmental Change and Violent Conflict. The

scientific American Journal

Horowitz, D.L. (1985). Ethnic Groups in Conflict. Berkeley: University of California

Press.

Jalata, A. (1993). War and Famine in Africa; State Formation and Ethno-National

Identities in the European Conflict 1868-1992. Boulder and London: Lynne

Rienner Publishers.

John, M. 1994). “Ethnic Conflict and the State in the Horn of Africa”. In Fukui, K

and Markakis, J. (eds.) Ethnicity and Conflict in the Horn of Africa. London:

James Currey.

Page 158: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

144

Kagwanja, P.M, (2002). Blaming The Environment: Ethnic Violence and the

Political Economy of Displacement in Kenya. Eldoret: Moi University Press.

Karl Marx, (1969).“Class Cohesion through Conflict”. In Coser, L.A and

Rosenberg, B. (ed.) Op Cit.

Kassam, A.and Megerssa, G. (2002). Things that have been said and heard: Time

and Production history in Traditional Boorana and Gabra Oromo Society. In

Proceedings of the Association of Social Anthropologists of the United

Kingdom and the Commonwealth, Perspectives on Time and Society

Experience, Memory, History. Arusha Tanzania.

Kenya National Archives, (1920-1925). Tanaland Pokomo and Galla Reserves.

PC/Coast/1/11/345, File No. 1420, Vol. 1.

Kenya National Archives, (1940-1950). Intelligent Reports DC Tana River to PC,

Coast Province, 5th

January, 1950, Pub 3/6/7.

Law Society of Kenya report, (July 2002). A Mission to Tana River (Unpublished).

Levinson, D and Ember, M. (eds.) (1996). Encyclopedia of cultural Anthropology.

Henry Holt and Company; New York.

Little, Peter D. (1987). ‘Land use conflicts in the agricultural and pastoral

borderlands: the case of Kenya’. In Little, D.P (et al) (eds.) Lands at Risk in

the Third World: Local Level Perspectives. Boulder and London: West view

press.

Mair, L. (1964). Primitive Government. London: Penguin Books.

Martin, E.B. (1973). The History of Malindi; a Geographical Analysis of an East

African. Nairobi, Kampala and Dar-Es-salaam: Literature Breau.

Page 159: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

145

Martiniello, M. (ed.) (1995). Migration, Citizenship and Ethno-National Identities in

the European Union. Avebury: Aldershot.

Mitchel, C. R. (1998). The Structure of International Conflict. London: Macmillan.

Mollison, S. (1971). Kenya’s Coast. Nairobi: East African publishing house.

Moran, E. F. (1982). Human Adaptability: An Introduction to Ecological

Anthropology. Boulder, Colorado: Westview Press.

Mukhtar, M.H. (1988). The Emergence and Role of Political Parties in the Inter-river

Region of Somalia from 1947 to 1960. In Proceedings of the Third

International Congress of Somali Studies, (May 1986 at the University of

Rome). Annarita Puglieli, ed. Rome: II Pensiero Scientifico Editore.

Mwagiru, M. (2000). Conflict: Theory, Processes and Institutions of Management.

Nairobi: Watermark publications.

National Environmental Secretariat (NES), (1985a). Lower Tana River: District

Environmental Assessment Report. Nairobi: NES.

National Environmental Secretariat, (1985b). Kwale: District Environmental

Assessment Report. Nairobi: NES.

NCCK, (1992), The Cursed Arrow; Contemporary Report on the Politicized Land

Clashes in Rift Valley, Nyanza and Western Provinces. NCCK: Nairobi.

Netting, R.M. (1986). Cultural Ecology. 2 ed. Illinois: Waveland Press, Inc.

Ochieng, W.R. (ed.) (1990). Themes in Kenya’s History. Ohio University Press: East

African publishers and James Currey publishers.

Ogot, B.A and Kieran, J. (eds.) (1968). Zamani; A survey of east African history.

Nairobi: East African publishing house and Longman of Kenya.

Page 160: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

146

Ogot, B.A. (ed.) (1976). Kenya Before 1900. Nairobi: East African Publishing

House.

Okidi, C.O. (1994). Environmental Stress and Conflicts in Africa: Case studies of

Drainage Basins. Nairobi: Acts Press.

Osogo, J.N.B. (1968). Traditional History of Kenya. Nairobi: Longman Kenya.

Peacenet-Kenya (Peace and development Network), (2001). Ethnic Clashes in

Kenya; Events and Trends Monitoring Report. Vol 1. No. 2. Nairobi, Kenya.

Prins, A.H.J. (1952). The Coastal Tribes of the Northeastern Bantu. London:

Ethnographic survey of Africa.

Republic of Kenya, (1994). Kenya population Census 1989. Vol. 1. Office of the

President and Ministry of Planning and National Development, Central

Bureau of Statistics, Nairobi.

Republic of Kenya, (1999). Population and Housing census, vol. 1. Central Bureau

of Statistics, Ministry of Finance and Planning, Nairobi.

Republic of Kenya, (1999). Report of the Judicial Commission Appointed to inquire

into Tribal Clashes in Kenya. Akiwumi (et al.) Nairobi: Government printer.

Republic of Kenya, (1997). Tana River Development Plan, 1997-2001. Nairobi:

Government printer.

Republic of Kenya, The National Assembly (1992). Report of the Parliamentary

Select Committee to Investigate Ethnic Clashes in Western and other Parts of

Kenya. Nairobi: Government printer.

Rosenberg, B and Coser, L.A, (eds.) (1969). Sociological Theory: A Book of

Readings. 3 ed. New York: The Macmillan Company.

Page 161: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

147

Rupesinghe, K (ed.) (1989). Conflict Resolution in Uganda. Oslo: International

Peace Research Institute

Ryan, S. (1995). Ethnic Conflict and International Relations. 2 ed. England and

Vermont: Dartmouth Publishing Company Limited.

Salim, A.I. (1973). Swahili Speaking Peoples of Kenya’s Coast 1895-1965. Nairobi:

East African publishing house.

Salvadori, C. and Fedders, A. (1984). Peoples and Cultures of Kenya. London:

TransAfrica, Nairobi and Rex Collings.

Schlee, G. (1989). Identities on the Move; Clanship and Pastoralism in Northern

Kenya. Manchester: Manchester University press.

Simmel, G. (1955). Conflict and the web of group-affiliations. Illinois: The free

press; Glencoe.

Simon, Fischer. (et al), (ed.) (2000). Working with Conflicts Skills and Strategies for

Action. London: Zed Books.

Smith, Andrew B. (1992). Pastoralism in Africa; Origins and Development Ecology.

London and Witwaters: Hurst and Company.

Spear, T. (1978). The Kaya Complex; A history of the Mijikenda Peoples of the

Kenya Coast to 1900. Nairobi: Kenya Literature Bureau.

Steward, J. (1973). “The concept and method of cultural ecology”. In Bohannan, P

and Glazer, M (eds.) High Points in Anthropology. New York: Alfred A.

Knopf.

Weekly Review, May 26th

, 1995.

Page 162: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

148

OTHER SOURCES

Dietz, Ton. (1996). Entitlements to Natural Resources; Contours of Political

Environmental Geography. Utrecht: International books.

John Kieran, (1971). ‘A route to the Galla’ In Ogot, B.A (ed). Hadith 3. Nairobi:

East African publishing house.

Salim, A.I (1978). Kenya’s people; people of the coast. London: Evans brothers Ltd.

Page 163: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

149

APPENDICES

APPENDIX 1: STANDARD QUESTIONNAIRE

LETTER OF INTRODUCTION

Dear respondent,

This interview is part of the requirements of getting an Mphil degree in Human

Ecology, in the School of Environmental Studies, Moi University. It is conducted in

an attempt to learn about the conflict in Tana-River district and its socio-economic

impact. The results of this study, it is hoped will lead to sustainable methods of

resolving the conflict and also, enable policy makers and government administrators

in the district to make informed decisions concerning the perennial conflict.

Most questions involve what has been experienced during the period of active

conflict and it may be distressing to express yourself. But please do try and take your

time to answer the questions aptly and sincerely. This is because if some solutions to

this problem are going to be attained we need you to be strong enough and tell us

what you think.

If you find it difficult to answer some questions sincerely say so. But since we are

asking only a few people to answer these questions your full cooperation is

extremely important. All your answers will be kept completely confidential and

your name will never be associated with them.

Pilly Martin

Research Executant

Human Ecology, School of Environmental Studies, Moi University - Eldoret.

Page 164: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

150

Section A

1.What do you understand by ethnicity? In the Tana-River conflict?

a. Differences in religion

b. Differences in languages

c. Differences in culture and modes of livelihoods

d. All of the above

e. Others (specify)

2. How did the Pokomo farmers and the Orma/Wardei pastoralists find themselves in

Garsen division together?

a. Is there any myth that relates the two (above)?

3. How are the Pokomo adapted to the environment?

4. How are the Orma/Wardei adapted to the environment?

5. What is the social organization of the Pokomo?

6. What is the social organization of the Orma/Wardei?

7. What are the causes of the conflict in Garsen division?

8. Are there any rules in the society to guide the use of resources by the farmers and

the pastoralists?

9. Did you stay in your village throughout the period of the conflict in the year 2001?

a. If the answer is No above, where did you go?

11. Are there any houses or manyattas that were burned in your village in the year

2001?

Page 165: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

151

12. Were schools closed during the period of active conflict in the year 2001 or

learning continued in your location?

13. Are you attending the same hospital you used to attend before the conflict broke?

a. If No why?

b. Where do you go for medication when you are sick?

14. Are there any rules of the market shared by the pastoralists Orma/Wardei and the

Pokomo farmers?

a. If yes, what are they?

15. How were necessities obtained during the conflict period?

15. What are the traditional rules of war?

a. Were they observed during the period of active violence? (Please explain)

16. What are the regulations regarding grazing areas near the farmers’ settlements?

17. How was the trend of farming during the period of active conflict?

18. How was the trend of herding livestock during the period of active conflict?

19. How does the community organize itself in anticipating for attacks?

20. What kind of form did the attacks take?

a. Were the attacks done during the day or at night?

21.What was the stand of the politicians during the period of active conflict?

22. Do you know anybody in your village who is psychologically affected as a result

of the conflict?

a. What form does this psychological impact take?

23. How did the conflict affect you as a person and your family?

Page 166: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

152

24. Were you safe when the government brought its security personnel in the area?

a. If yes in what way?

b. If no, in what way?

25. What do you think should be done to restore peace?

a. What should the pastoralists do?

b. What should the farmers do?

c. What should the government do?

26. Are there any organizations/institutions that are involved in resolving the

conflict in your area?

a. If yes, which are they?

b. Are there any positive signs of achieving sustainable peace?

27. Whenever there was tension in the past between the farmers and the pastoralists

how was it resolved?

28. What is the role of the Government in;

a. Conflict and

b. Conflict management?

Page 167: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

153

Section B: Personal information

The information you have given is strictly confidential as stated above. However,

the following questions form an important part of the research.

Q1. What is your age category?

a. Under 20

b. 20-29

c. 30-39

d. 40-49

e. 50-59

f. 60-69

g. 70 – or over

Q2. Your sex? Male/Female

Q3. What is your level of education attained?

a. No formal education

b. Primary school and less

c. Secondary school and less

d. College

e. Diploma

f. Degree

g. Post-graduate

Q4. What is your ethnic group?

a. Orma

b. Wardei

c. Pokomo

d. Others (please specify)

Page 168: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

154

Q5. Please indicate whether you agree with each of the following statements by

answering (T) true, (F) false or (D) don’t know.

i. I found the interview very interesting

ii. The interview took too long

iii. I felt I did not have enough information

iv. I felt I did not have enough time to consider

v. Offering my opinions generally comes easy to me

vi. I answered the questions hoping the conflict will be resolved soon

vii. I don’t like being asked questions about the conflict

Thank you for completing this survey

Section C: Interviewer comments

1. Understanding

Complete – 1

Great deal – 2

Somewhat – 3

Little – 4

Not very much – 5

Not at all – 6

2. Consideration given to questions

Prolonged – 1

Careful – 2

Some – 3

Very little – 4

3. For what length of time did the interview appropriately last? ……….minutes.

4. Site of interview…………………………………

5. Date of interview…………………………………

6. Questionnaire number……………………………

I certify that I conducted the above interview, to the best of my ability and have

correctly recorded the answers given by the respondent.

Signed………………………. Date……………….

Supervisor………………….. Date…………………..

Page 169: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

155

APPENDIX 2: STUDENT QUESTIONNAIRE

Section A: Instruction

1. This questionnaire is aimed at acquiring knowledge on the causes, impacts and

resolution of the conflict that took place in Tana River, Garsen division in the

year 2001.

2. You may not consult your friends your opinions are very important

3. Thank you

Section B: Personal Details

Age………………

Sex F/M…………

Ethnic Group (E.g. Pokomo, Orma etc.)……..

Form (e.g. 1, 2, 3, or 4)…………………………...

Section C

1. How did the conflict affect you?

2. Was your school attacked? a. Yes/No

3. If the answer is yes for question two (2) above.

a. Are there any students who died in your school as a result of the attack?

b. Please give details of the attack?

4. How are your marks per subject for the year 2001? (Excellent, Good, Fair, Poor)

a. Which term did you perform the worst during the three terms?

b. How can you compare your performance for the year 2000 and 2001?

5. For how long did your school closedown in the year 2001?

a. Which term was it (for Q5. above)?

Page 170: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

156

6. What was the relationship among students from pastoralist families (especially the

Orma and the Wardei) and those from the Pokomo families?

7. Did your family move to another area during the period of the conflict?

a. If yes, where did you go?

8. Have your parents or guardian been able to pay fees for you as usual immediately

the schools were opened in the year 2002?

9. Were your teachers teaching normally in the whole of the year 2001?

a. Describe the situation

10. What do you think are the causes of the conflict?

11. What do you think should be done to attain sustainable peace in the district?

12. Were you involved in the conflict in any way?

a. If yes how?

13. Have you witnessed anybody who was been murdered during the conflict?

a. If yes what type of weapon was been used?

b. Do you still think about it or you got used to it?

Page 171: Orma-Pokomo Conflict in Tana River - An MPhil Thesis by Pilly Martin [1]

157

APPENDIX THREE: CHECKLIST FOR FOCUS GROUP DISCUSSION

1. What are the causes of the conflict?

2. What are the types of conflicts in the Tana region?

3. What are the rules in the society used to guide the use of resources between the

farmers and the pastoralist?

4. How have the Pokomo farmers been able over the years, to build a force to

counter the pastoralists?

5. What need to be done to resolve the conflict once and for all?

6. What are the needs of the pastoralists?

7. What are the needs of the farmers?

8. What are the impacts of the conflict?

9. Who do you think should conduct the conflict resolution procedures? The

government, village elders, or some Non-Governmental Organization. Give a

reason for your choice.

10. What kinds of weapons were used in the violent conflict?

11. Did the community form an “army” to defend or attack the enemy?

12. What has been the local politicians’ attitude throughout the conflict period?

13. Do you consider yourself to be peaceful now that the conflict is inactive? What

led to this state of affairs?