Samburu and Turkana Ceasefire Agreement

  • Country/entity
    Kenya
  • Region
    Africa (excl MENA)
  • Agreement name
    Samburu and Turkana Ceasefire Agreement
  • Date
    22 Jun 2015
  • 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
    No signature but agreement is on behalf of representatives of Samburu and Turkana Communities living in Baragoi of Samburu County
  • Third parties
    NCIC Chair, Francis Ole Kaparo
    NCIC Commissioner Linda Ochiel
  • Description
    Ceasefire agreement between the Samburu and Turkana communities in Baragoi of Samburu County. Provisions largely deal with cattle theft and security.


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: Untitled Preamble
    ...
    Matters of lawlessness, marginalization and inequitable distribution of resources, discrimination on issuance of identity cards emerged as key triggers of violence between the two communities. Both the National and County Government were taken to task on their commitment to address insecurity and marginalization respectively.
    Groups→Racial/ethnic/national group→Substantive
    Page 1,
    ...
    Members of communities must cease using derogatory and humiliating names against each other.
    Members of Turkana community be allowed to access the Maralal business opportunities including the slaughter house.

    Page 2,
    ...
    The ELITES in particular immediately stop posting of hate speech and unfounded rumours on social media platforms;

    Page 2,
    ...
    Any persons found engaging in hate speech, spreading false and malicious rumours aimed at fanning ethnic hatred should be arrested and prosecuted in accordance with the law;
  • 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

    No specific mention.

  • Public administration
    Page 1,
    ...
    Turkana professionals should cease to interfere in the affairs of the Samburu County and
  • Constitution

    No specific mention.


Power sharing

  • Political power sharing

    No specific mention.

  • Territorial power sharing

    No specific mention.

  • Economic power sharing
    Power sharing→Economic power sharing→Sharing of resources
    Page 2,
    The resources and opportunities at both levels of government are shared in a fair, transparent, equitable and non-discriminatory manner in accordance with the law.
  • 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
    Human rights and equality→Socio-economic rights→Education
    Page 1,
    The government announce immediate re-opening of schools;

Rights related issues

  • Citizenship

    No specific mention.

  • Democracy

    No specific mention.

  • Detention procedures

    No specific mention.

  • Media and communication
    Rights related issues→Media and communication→Media roles
    Page 2,
    ...
    The ELITES in particular immediately stop posting of hate speech and unfounded rumours on social media platforms;
  • 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

    No specific mention.


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
    Page 1,
    ...
    Members of Turkana community be allowed to access the Maralal business opportunities including the slaughter house.
  • 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

    No specific mention.


Security sector

  • Security Guarantees

    No specific mention.

  • Ceasefire
    Security sector→Ceasefire→Ceasefire provision
    Page 1, Untitled Preamble
    ...
    The National Cohesion and Integration Commission (NCIC) today negotiated a ceasefire agreement between the Samburu and Turkana Communities living in Baragoi of Samburu County in a mediation process conducted at the Sportman’s Arms Hotel in Nanyuki.
  • Police
    Page 1,
    The government guns taken from the security officers killed in Suguta Valley in 2012 be returned;

    Page 2,
    ...
    Government fast track the improvement of roads to enable rapid deployment of security personnel when necessary.

    Page 2,
    ...
    The security personnel had generally failed to protect the lives and properties of the citizens as required of them under the Constitution of Kenya. It is of utmost importance that the government enforce the rule of law without fear or favour;
    Law enforcement agencies promptly act on actionable intelligence provided by the public and treat that information with utmost confidentiality;
  • Armed forces
    Page 2,
    The national government fast track recruitment of 300 "warriors" into the National Youth Service.
  • DDR
    Security sector→DDR→Demilitarisation provisions
    Page 1,
    ...
    The government guns taken from the security officers killed in Suguta Valley in 2012 be returned;
  • 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
    Page 1: Untitled Preamble
    The Commission has in the past three days been mediating a conflict between the Samburu and Turkana Communities following a series of cattle rustling and bandit attacks that has led to destruction of property, theft of hundreds of cattle and loss of hundreds of lives.  Insecurity has been rampant in Samburu County due to competition for County and natural resources between the two dominant communities in the County.

    The meeting mediated by NCIC Chair, Francis Ole Kaparo and the NCIC Commissioner Linda Ochiel resolved that stringent action will be taken against members of either communities that break the ceasefire agreement, including the double payment for any animals stolen by either communities, justice through the judicial process as well as a communal penalty of 50 cows for any each life lost.

    Matters of lawlessness, marginalization and inequitable distribution of resources, discrimination on issuance of identity cards emerged as key triggers of violence between the two communities. Both the National and County Government were taken to task on their commitment to address insecurity and marginalization respectively.

    “The rule of law must be upheld and that persons found culpable of criminal acts must be  apprehended and prosecuted in accordance with the law,” said Francis Ole Kaparo, NCIC Chairman. “Individuals must be held liable for the crimes they have committed and must not be attributed to the entire community,”


    Page 1,
    ...
    All animals stolen returned to their owners

    Page 2,
    That the rule of law must be upheld and that persons found culpable of criminal acts are apprehended and prosecuted in accordance with the law. Individuals must be held liable for the crimes they have committed and must not be attributed to entire communities.
  • 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

    No specific mention.

  • 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
    National Cohesion and Integration Commission, (2015), Samburu and Turkana Ceasefire Agreement, https://www.cohesion.or.ke/index.php/media-center/press-releases-speeches/86-samburu-and-turkana-ceasefire-agreement

Samburu and Turkana Ceasefire Agreement

Nanyuki, 22nd June 2015,

The National Cohesion and Integration Commission (NCIC) today negotiated a ceasefire agreement between the Samburu and Turkana Communities living in Baragoi of Samburu County in a mediation process conducted at the Sportman’s Arms Hotel in Nanyuki.

The Commission has in the past three days been mediating a conflict between the Samburu and Turkana Communities following a series of cattle rustling and bandit attacks that has led to destruction of property, theft of hundreds of cattle and loss of hundreds of lives.

Insecurity has been rampant in Samburu County due to competition for County and natural resources between the two dominant communities in the County.

The meeting mediated by NCIC Chair, Francis Ole Kaparo and the NCIC Commissioner Linda Ochiel resolved that stringent action will be taken against members of either communities that break the ceasefire agreement, including the double payment for any animals stolen by either communities, justice through the judicial process as well as a communal penalty of 50 cows for any each life lost.

Matters of lawlessness, marginalization and inequitable distribution of resources, discrimination on issuance of identity cards emerged as key triggers of violence between the two communities.

Both the National and County Government were taken to task on their commitment to address insecurity and marginalization respectively.

“The rule of law must be upheld and that persons found culpable of criminal acts must be apprehended and prosecuted in accordance with the law,” said Francis Ole Kaparo, NCIC Chairman. “

Individuals must be held liable for the crimes they have committed and must not be attributed to the entire community,”

Attended by the Joint Parliamentary Committee on National Cohesion, headed by the Chairman, Johnstone Sakaja, the Chairman on Parliamentary Committee, Asman Kamama, the Samburu Governor, senator and members of parliament from Samburu County, the meeting resolved the following that:

The two communities unconditionally commit to a ceasefire agreement and stop any actions that may undermine the peace process initiated by the National Cohesion and Integration Commission;

The government announce immediate re-opening of schools;

The government guns taken from the security officers killed in Suguta Valley in 2012 be returned;

All animals stolen returned to their owners

Turkana professionals should cease to interfere in the affairs of the Samburu County and

Members of communities must cease using derogatory and humiliating names against each other.

Members of Turkana community be allowed to access the Maralal business opportunities including the slaughter house.

Government fast track the improvement of roads to enable rapid deployment of security personnel when necessary.

That the rule of law must be upheld and that persons foundculpable of criminal acts are apprehended and prosecuted inaccordance with the law.

Individuals must be held liable for the crimes they have committed and must not be attributed to entire communities.

Any persons found engaging in hate speech, spreading false and malicious rumours aimed at fanning ethnic hatredshould be arrested and prosecuted in accordance with the law;

The ELITES in particular immediately stop posting of hate speech and unfounded rumours on social media platforms;

A multi-ethnic committee be formed to preach peace at the grassroots and that National and County Government facilitate the committee.

The Committee among other taskswill analyze and prioritize resolutions of this meeting and reach consensus on how it will be implemented;

The security personnel had generally failed to protect the lives and properties of the citizens as required of them under the Constitution of Kenya.

It is of utmost importance that the government enforce the rule of law without fear or favour;

Law enforcement agencies promptly act on actionable intelligence provided by the public and treat that information with utmost confidentiality;

The resources and opportunities at both levels of government are shared in a fair, transparent, equitable and non-discriminatory manner in accordance with the law.

National Identity Cards be issued in an impartial manner to all qualifying individuals resident in Samburu County.

The County Government facilitate fair registration of group ranches;

The national government fast track recruitment of 300 "warriors" into the National Youth Service.

Communities respect each others' grazing zones.