Situation Update | December 2023

Kenya: Examining Local Community Agreements as Alternative Routes to Peace

15 December 2023

VITAL TRENDS

From 11 November to 8 December, ACLED records 70 political violence events and over 50 reported fatalities in Kenya. Most events took place in Nairobi county, where at least seven instances of riots and three instances of violence against civilians were recorded.
West Pokot and Nairobi counties had the highest number of reported fatalities, with nine and six recorded each, respectively. The fatalities in West Pokot were attributed to battles and violence against civilians as a result of pastoral militia attacks and the ongoing government operation against this militia, while in Nairobi, the deaths were linked to riots.
The most common event type was riots, with approximately 30 recorded events, followed by battles, with 25 events. The majority of riots were recorded in Nairobi, while most of the battle events were related to armed clashes between al-Shabaab and security forces in Garissa county.

Examining Local Community Agreements as Alternative Routes to Peace

Alternative dispute resolution mechanisms have attracted the interest of state and non-state actors involved in addressing several violent conflicts affecting several regions in Kenya. These dispute resolution mechanisms are characterized by community dialogues and negotiations with the goal of leading to agreements, and are a long-standing customary conflict management tool used to resolve community tensions.¹ They are typically facilitated by third parties, such as non-governmental organizations and members of the clergy, among others. Despite concerted efforts to resolve local conflicts using such mechanisms, protracted conflicts continue unabated and have become more severe. The gravity and intensity of these conflicts pose a significant threat to communities, particularly in northern Kenya.

Community Attempts to Address Local Insecurity

Northern Kenya is marked by attacks by pastoral militia, cattle rustling, inter- and intra-ethnic disputes over water and pasture, as well as violence perpetrated by suspected al-Shabaab militants, for communities neighboring Somalia. The spread of small arms and light weapons, combined with the growing logistical and tactical sophistication, has worsened the security in the north of the country.² Underlying the causal factors are deep-seated historical and social-economic grievances following years of marginalization as a result of exclusionary colonial and post-colonial state policies.³

The conflict situation has led to loss of lives, destruction of property, and displacement of communities across the region. ACLED data show a growing trend of political violence in northern Kenya from January to November 2023, with 331 events and 406 reported fatalities, compared to 247 events and 268 fatalities during the same time period in 2022 (see graph below).

State and non-state actors encourage community dialogues and negotiations between groups at conflict, applying customary conflict management methods to address contentious matters. ACLED records no less than 25 local peace agreements involving different communities concluded in 2023 across Kenya, the majority of which – 12 local peace agreements – took place in the north (see map below).⁴

In November alone, there were at least two such peace agreements in the northern regions. One involves a peace agreement between members of the Pokot and Samburu communities in Laikipia county. These groups have been at odds for several years and accuse each other of the reported activity of armed pastoralist militias. Last month, the representatives of these communities met in Moubarak in Laikipia North sub-county and reached an agreement on peaceful co-existence by sharing pastoral resources.⁵

In neighboring Baringo county, there have also been similar attempts to address a conflict in Kapendo, where a dispute over a contested border has translated into sporadic violence. Some politicians have been accused of inciting their constituents to drive out their neighbors to enlarge their sphere of influence. In an effort to calm tensions, representatives of the Turkana and Pokot communities held a peace meeting in Kapedo, Tiaty sub-county, to discuss their grievances. It is unclear if this meeting ended with an agreement.

Elsewhere in the country, clan skirmishes over communal lands in several areas of Mandera county culminated in four days of intense negotiations between elders, religious authorities, and local elected representatives drawn from both the Degodia and Murule communities in early October in an attempt to find a resolution and stop the violence. Similar clashes between Pokot and Marakwet community members toward the end of October brought these communities to the discussion table to bring peace to the Cheptulel, Chesogon, and Tot border areas.⁶

The Dynamics of Local Peace Agreements

Community dialogues typically involve representatives from the warring parties, who attend days-long peace conferences to agree on joint declarations. Such undertakings are important for the warring parties to commit to confidence-building measures, including ceasefires; returning internally displaced persons to their homes; communal grazing in common rangelands; community policing; and the disbandment and peaceful disarmament of armed groups.⁷ When these measures are agreed upon, an important provision is the creation of a monitoring committee for implementation, monitoring, and settling disputes.⁸ Additionally, the parties involved in the dialogues and negotiations decide punitive measures against those found culpable of perpetrating violence, including penalties and fines embedded in traditional laws, known as Maslaha or Xeer among the Somali community.⁹

However, the challenge of the community peace agreements lies in the rather cosmetic way of addressing the causal elements of the conflicts. In this regard, some of the peace agreements end up being mere meetings and talk, without necessarily addressing the deep-seated historical and socio-economic grievances.¹⁰ As such, efforts to restore order through community peace agreements are likely not to meet expectations if historical and socio-economic grievances remain unresolved.¹¹

As representatives of their respective communities, the community members involved in such processes play a significant role in the decisions made during the proceedings. The question of who should participate in the peace processes adds a layer of complication, given the diversity of actors and interests. The dialogues and negotiation processes have long been faulted for failing to fairly reflect the diversity of involved parties, including the known exclusion of youth, and women. The exclusion is often exacerbated by the ingrained stereotype of youth as perpetrators of violence.¹² In such circumstances, those left out are disenfranchised, becoming potential spoilers of the agreements.

While the state, especially state security agencies, and non-state actors play a pivotal role as facilitators of the dialogues and negotiations, their partiality puts the outcome of the agreement at stake. For instance, Pokot political leaders recently lamented the skewed deployment of National Police Reservists that has left their community exposed to attacks by pastoral militias and violence by security officers.¹³ Thus, security agencies and government representatives at large are alleged to be partial. The most recent killing happened on 28 November in Lochacha village along the West Pokot-Turkana border. Three people were killed, and at least 16 sustained injuries after security officers dropped a grenade using a drone while pursuing suspected Turkana bandits. This move prompted the Pokot leaders to mobilize their community members and barricaded the Kapenguria-Lodwar highway with bonfires at Makutano town, demanding justice for the slain victims.

An Effective Path for Restoring Security?

Examples of local peace deals, such as the Lokiriama peace accord that brought temporary respite to the Kenya-Uganda border between Kenya’s Turkana and Pokot together with Uganda’s Tepes and Karamojong and South Sudan’s Nyangatom, Merille, and Toposa communities,¹⁴ are important and often historical for the communities involved. However, the wider impact of local peace agreements in establishing peace in northern Kenya remains in doubt as conflict persists.

Despite the recent agreements, security in the region remains a mirage. ACLED continues to record killings, livestock theft, and destruction of property across communities in northern Kenya. This is partly because peace agreements cannot address the protracted conflicts on their own without the concerted efforts of security agencies to restore security. Even with the deployment of national police reservists in many parts of northern Kenya, there are inadequate police personnel and police stations, giving leeway to militia gangs from neighboring communities to stage attacks.¹⁵ National police reservists are selected among local community members, and they are believed to be more effective in tackling the pastoral militias, as they are well-versed with the local landscape, including the hills, valleys, and gullies that serve as militia hideouts.¹⁶ However, porous borders, particularly along the international border with Somalia, the lack of modern weaponry, enough security vehicles, poor roads, and communication networks as a result of decades-long marginalization further compound the security challenges faced in the region.¹⁷ Therefore, peace agreements alone are unlikely to restore peace without better coordination with the government’s primary security efforts. If security forces and political leaders remain impartial and support local peace processes, then the local peace agreements would be a valuable asset to sustain peace in conflict-affected areas.