Nanyuki Peace Agreement between the Aulian Community of Garissa County and Borana Community of Isiolo County

  • Country/entity
    Kenya
  • Region
    Africa (excl MENA)
  • Agreement name
    Nanyuki Peace Agreement between the Aulian Community of Garissa County and Borana Community of Isiolo County
  • Date
    22 Sep 2016
  • Agreement status
    Multiparty signed/agreed
  • Interim arrangement
    Yes
  • Agreement/conflict level
    Intrastate/local conflict ( Kenyan Post-Electoral Violence (2007 - 2008) )
  • Stage
    Framework/substantive - partial
  • Conflict nature
    Inter-group
  • Peace process
    Kenya Local Agreements
  • Parties
    9 individuals from Isiolo (signatures unclear)
  • Third parties
    Witnessed by

    Garissa County (no signature)
    Isiolo County, Godawa Doyo

    In the Presence Of:

    Hon. Frances Ole Kamparo, EGH, NCIC Chair
    Mr Amos Gathecha, S/SIS
    Mr Peter K. Thuko, S/PDR
    Amb Mohamed Saleh, RC North Eastern
    Mr Wycliffe Ogallo, RC Eastern
    Mr George Natembya, CC Isiolo (only case where actual signature is present)
    Mr James Kyanda, CC Garissa
  • Description
    Agreement dealing in detail with inter-communal violence between Aulian community, Garissa and Borana community, Isiolo.


Groups

  • Children/youth

    No specific mention.

  • Disabled persons

    No specific mention.

  • Elderly/age

    No specific mention.

  • Migrant workers

    No specific mention.

  • Racial/ethnic/national group
    Groups→Racial/ethnic/national group→Rhetorical
    Page 1, 1.1, On Political Incitement
    a) Politicians and leaders to desist from inciting their respective communities and issuing threats whenever the feel aggrieved.
    b) The National Government will take appropriate legal action against inciters.
  • Religious groups

    No specific mention.

  • Indigenous people

    No specific mention.

  • Other groups

    No specific mention.

  • Refugees/displaced persons

    No specific mention.

  • Social class

    No specific mention.


Gender

  • Women, girls and gender

    No specific mention.

  • Men and boys

    No specific mention.

  • LGBTI

    No specific mention.

  • Family

    No specific mention.


State definition

  • Nature of state (general)

    No specific mention.

  • State configuration

    No specific mention.

  • Self determination

    No specific mention.

  • Referendum

    No specific mention.

  • State symbols

    No specific mention.

  • Independence/secession

    No specific mention.

  • Accession/unification

    No specific mention.

  • Border delimitation

    No specific mention.

  • Cross-border provision

    No specific mention.


Governance

  • Political institutions (new or reformed)

    No specific mention.

  • Elections

    No specific mention.

  • Electoral commission

    No specific mention.

  • Political parties reform

    No specific mention.

  • Civil society

    No specific mention.

  • Traditional/religious leaders
    Page 1: Preamble
    We the representatives of Isiolo County and Garissa County including the Governors, Member of Parliament, Members of County Assembly, Religious leaders, Elders, Peace Committee Members and other representatives held deliberations at the Sportsman Arms Hotel, Nanyuki on 22nd September, 2016, with facilitation from the Ministry of Interior and Coordination of National Government jointly with the National Cohesion and Integration Commission to address the Lagdera-Gabartullah conflict.

    ...

    Page 1: Preamble
    ...
    The two communities will use the existing traditional mechanisms to compensate lives lost, stolen livestock and destroyed property.

    ...

    Page 2, 1.5, On Illegal Settlements
    The Regional Coordinators from both North Eastern and Eastern regions to create a special committee comprising of elders, religious leaders, Cheifs, national government officials, political leaders from both counties to look into the issue of illegal settlements as stipulated in 1.2(a) above.
  • Public administration
    Page 3, 1.6, On Attacks and Retaliatory Attacks and Compensation
    e) Due diligence to be done while creating new administrative units.
  • Constitution

    No specific mention.


Power sharing

  • Political power sharing

    No specific mention.

  • Territorial power sharing
    Power sharing→Territorial power sharing→Other
    Page 2, 1.2, On Boundary Disputes
    a) Respective Regional Coordinators from both North Eastern regions to address the matter immediately within 3 weeks from the date of this agreement by identifying the beacons of the common boundary.
    b) No further developments on disputed areas until a resolution is finally reached.
  • Economic power sharing

    No specific mention.

  • Military power sharing

    No specific mention.


Human rights and equality

  • Human rights/RoL general

    No specific mention.

  • Bill of rights/similar

    No specific mention.

  • Treaty incorporation

    No specific mention.

  • Civil and political rights

    No specific mention.

  • Socio-economic rights

    No specific mention.


Rights related issues

  • Citizenship

    No specific mention.

  • Democracy

    No specific mention.

  • Detention procedures

    No specific mention.

  • Media and communication

    No specific mention.

  • Mobility/access

    No specific mention.

  • Protection measures

    No specific mention.

  • Other

    No specific mention.


Rights institutions

  • NHRI

    No specific mention.

  • Regional or international human rights institutions

    No specific mention.


Justice sector reform

  • Criminal justice and emergency law

    No specific mention.

  • State of emergency provisions

    No specific mention.

  • Judiciary and courts

    No specific mention.

  • Prisons and detention

    No specific mention.

  • Traditional Laws
    Page 1: Preamble
    ...
    The two communities will use the existing traditional mechanisms to compensate lives lost, stolen livestock and destroyed property.

Socio-economic reconstruction

  • Development or socio-economic reconstruction

    No specific mention.

  • National economic plan

    No specific mention.

  • Natural resources

    No specific mention.

  • International funds

    No specific mention.

  • Business

    No specific mention.

  • Taxation

    No specific mention.

  • Banks

    No specific mention.


Land, property and environment

  • Land reform/rights

    No specific mention.

  • Pastoralist/nomadism rights

    No specific mention.

  • Cultural heritage

    No specific mention.

  • Environment

    No specific mention.

  • Water or riparian rights or access
    Page 1: 1.3 On Pasture and Water Sharing
    a) Migrating communities to liaise continuously with host communities in regard to modalities of pasture and water sharing before moving in with their animals.
    b) The communities in search of pasture and water should declare arms in their possession and that they will rightfully use them to protect their livestock.

Security sector

  • Security Guarantees

    No specific mention.

  • Ceasefire

    No specific mention.

  • Police
    Page 2, 1.4, On Disarmament
    ...
    b) National Police Reservists to be recruited, trained and issued with firearms.

    ...

    Page 3: On Attacks and Retaliatory Attacks and Compensation
    ...
    d) Security agencies to act on Early Warning information given by the community and political leaders make follow-ups/implement recommendations made thereof.
  • Armed forces

    No specific mention.

  • DDR
    Security sector→DDR→Demilitarisation provisions
    Page 2, 1.4, On Disarmament
    a) Disarmament/registration exercise on illicit arms held by local communities to continue.
    b) National Police Reservists to be recruited, trained and issued with firearms.
  • Intelligence services

    No specific mention.

  • Parastatal/rebel and opposition group forces

    No specific mention.

  • Withdrawal of foreign forces

    No specific mention.

  • Corruption

    No specific mention.

  • Crime/organised crime

    No specific mention.

  • Drugs

    No specific mention.

  • Terrorism

    No specific mention.


Transitional justice

  • Transitional justice general

    No specific mention.

  • Amnesty/pardon

    No specific mention.

  • Courts

    No specific mention.

  • Mechanism

    No specific mention.

  • Prisoner release

    No specific mention.

  • Vetting

    No specific mention.

  • Victims

    No specific mention.

  • Missing persons

    No specific mention.

  • Reparations
    Transitional justice→Reparations→Material reparations
    Page 2, 1.6, On Attacks and Retaliatory Attacks and Compensation
    a) Existing traditional dispute resolution mechanisms like the Modogashe Declaration 2011 be reviewed and enforced when addressing compensation of loss of lives, stolen livestock and destruction of property.
    b) The National Government to equally take action against culprits involved.
    c) Leaders from both communities to engage in inter-communal and counter-attacks.
  • Reconciliation

    No specific mention.


Implementation

  • UN signatory

    No specific mention.

  • Other international signatory

    No specific mention.

  • Referendum for agreement

    No specific mention.

  • International mission/force/similar

    No specific mention.

  • Enforcement mechanism

    No specific mention.

  • Related cases

    No specific mention.

  • Source
    Originally obtained from the National Steering Committee on Peace Building and Conflict Management, online link no longer available.

THE NANYUKI PEACE AGREEMENT BETWEEN THE AULIAN COMMUNITY OF GARISSA COUNTY AND BORANA COMMUNITY OF IFIOLO COUNTY

Sportsman’s Arms Hotel, NANYULO

The 22nd Day of September, 2016

PREAMBLE

We the representatives of Isiolo County and Garissa County including the Governors, Member of Parliament, Members of County Assembly, Religious leaders, Elders, Peace Committee Members and other representatives held deliberations at the Sportsman Arms Hotel, Nanyuki on 22nd September, 2016, with facilitation from the Ministry of Interior and Coordination of National Government jointly with the National Cohesion and Integration Commission to address the Lagdera-Gabartullah conflict.

Cognizant of the adverse impact of the conflict and the loss of lives of our people;

we collectively condole with the families of those who lost their lives and whose property was destroyed during the skirmishes.

We affirm our commitment to peaceful co-existence between our communities.

We do hereby RESOLVE that:

This Community Peace Agreement shall apply to context-specific agreements and Declarations and shall apply in unique circumstances as entered into by the communities in the stated locality.

The two communities will use the existing traditional mechanisms to compensate lives lost, stolen livestock and destroyed property.

1.1 On Political Incitement

a) Politicians and leaders to desist from inciting their respective communities and issuing threats whenever the feel aggrieved.

b) The National Government will take appropriate legal action against inciters.

1.2 On Boundary Disputes

a) Respective Regional Coordinators from both North Eastern regions to address the matter immediately within 3 weeks from the date of this agreement by identifying the beacons of the common boundary.

b) No further developments on disputed areas until a resolution is finally reached.

1.3 On Pasture and Water Sharing

a) Migrating communities to liaise continuously with host communities in regard to modalities of pasture and water sharing before moving in with their animals.

b) The communities in search of pasture and water should declare arms in their possession and that they will rightfully use them to protect their livestock.

1.4 On Disarmament

a) Disarmament/registration exercise on illicit arms held by local communities to continue.

b) National Police Reservists to be recruited, trained and issued with firearms.

1.5 On Illegal Settlements

The Regional Coordinators from both North Eastern and Eastern regions to create a special committee comprising of elders, religious leaders, Chiefs, national government officials, political leaders from both counties to look into the issue of illegal settlements as stipulated in 1.2(a) above.

1.6 On Attacks and Retaliatory Attacks and Compensation

a) Existing traditional dispute resolution mechanisms like the Modogashe Declaration 2011 be reviewed and enforced when addressing compensation of loss of lives, stolen livestock and destruction of property.

b) The National Government to equally take action against culprits involved.

c) Leaders from both communities to engage in inter-communal and counter-attacks

d) Security agencies to act on Early Warning information given by the community and political leaders make follow-ups/implement recommendations made thereof.

e) Due diligence to be done while creating new administrative units.

Finally, all present at this Forum commit ourselves to reach out to all actors in the implementation of this Nanyuki Peace Agreement as contained herein.

Dated this 22nd Day of September, 2016 at Sportman’s Arms Hotel, Nanyuki

SIGNATORIES TO THE NANYUKI PEACE AGREEMENT:

22ND SEPTEMBER, 2016

NO. NAME COUNTY SIGNATURE DATE

1. Muktu [Illegible] Isiolo [Signature] 22/09/2016

2. [ Illegible] Roba Isiolo [Signature] 22/09/2016

3. Hassan Aiba Isiolo [Signature] 22/09/2016

4. Abdullahi Abdikadir Isiolo [Signature] 22/09/2016

5. Hon.

Abdi [Illegible] [Illegible] [Signature] 22/09/2016

6. Hon Mohammed Tulsi [Illegible] [Signature] 22/09/2016

7. [ Illegible] Isiolo [Signature] 22/09/2016

8. [ Illegible] Tiyah Isiolo [Signature] 22/09/2016

9. Godana Doyo Gov Isiolo [Signature] 22/09/2016

Witnessed by:

Name Signature Date

Garissa County

Governor…[No Name] [No Signature] 22/09/16

ISIOLO COUNTY

Governor Godana Doyo …………

In the Presence Of:

Hon Francis Ole Kaparo, EGH, NCIC Chair …………… …………..

Mr. Amos Gathercha, S/SIS …………… …………..

Mr Peter K. Thuku, S/SIS …………… …………..

Amb. Mohammud Saleh, RC North Eastern …………… …………..

Mr Wycliffe Ogallo, RC Eastern …………… …………..

Mr. George Natembya, CC Isiolo [Signature] 22.09.016

Mr. James Ryanda, CC Garissa …………… …………..