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

Export agreement:

Export agreement coding (PDF)

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)
The conflict emerged as post-election violence. After the incumbent President Kibaki was declared the winner of the Kenyan presidential elections in December 2007, complaints of fraud and a structural disadvantage affecting his competitor Raila Odinga lead to outbreaks of severe ethno-political violence. After the first incidents in the Rift Valley region, mainly directed against the Kikuyu ethnic group – the traditional powerbase of Kibaki – the fighting spread to the cities of Nairobi and Mombasa. After two months, Kibaki and Odinga agreed on a power-sharing agreement that granted Odinga the post as a Prime Minister and ended the violence.
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.

Agreement document: KE_160922_NANYUKI PEACE AGREEMENT.pdf (opens in new tab) | Download PDF

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 …………… …………..