BAD GOVERNANCE THE ROOT OF INSECURITY IN MT. ELGON

UNCLAS NAIROBI 001603

SIPDIS

SENSITIVE

SIPDIS

E.O. 12958: N/A
TAGS: PREL KDEM PGOV PHUM KE
SUBJECT: BAD GOVERNANCE THE ROOT OF INSECURITY IN MT. ELGON

REF: NAIROBI 5393


1. (SBU) Summary: With the death toll approaching 150 and
the number of displaced persons rising to above 61,700, the
conflict over land settlement in the Mt. Elgon district of
Western Kenya has become a major political issue. The
Kibaki administration is promoting dialogue among the
warring factions and increasing security forces in the
area, which only addresses the symptoms. The underlying
causes of the conflict are layered, with clan identity,
corruption, and patronage playing prominent roles.
Untangling these issues and establishing a firm basis for
communal harmony in the region is further complicated by
the politics of Western Province, one of Kenya's more
politically contested regions. END SUMMARY.

A Brewing Conflict
--------------


2. (U) Mt. Elgon's slopes, an extinct volcano, are
exceptionally fertile, which has made the region the
breadbasket for much of Western Province and beyond. The
Mt. Elgon region, located on the Kenya-Uganda border, is
primarily populated by members of the Kalenjin/Nilotic
ethnic group. The Kalenjin account for approximately 11
percent of Kenya's population and are comprised of a
collection of small ethnic groups amalgamated into one
ethnic identity largely for political mobilization
purposes. (Reftel.) One of these small ethnic groups,
the Sabaot, is at the center of crisis in Mt. Elgon. The
Ndorobo clan of the Sabaot are traditionally forest
dwelling hunter-gathers living on the upper slopes of Mt.
Elgon around Chepkitale peak. The Soy clan, traditional
pastoralists and cultivators, reside on the lower slopes
of Mt. Elgon.


3. (U) Violence escalated in Mt. Elgon in November 2006
between the two Sabaot clans. There has been tension and
occasional violence between the two groups since 1971,
when a settlement program brought them into conflict over
land allocations. The Ndorobo traditionally have a low
status relative to the Soy. The land settlement scheme
was intended to make farmers of the Ndorobo so that they
would no longer depend for their sustenance on the local
flora and fauna in an ecologically unique and sensitive
area. The population living in the resettlement area has
grown since the inception of the scheme, resulting in too
little land available to accommodate the expanding
population. The most recent land allocations under Phase
III of the settlement program resulted in the eviction of
approximately 3,000 Soy by GOK security forces to clear
land intended for resettled Ndorobo.


4. (SBU) In addition to the complaint that the land
allocations disproportionately benefit the Ndorobo at the
expense of the Soy, the Soy accuse the government of
corruption in land allocation decisions. Local leaders and
land officials are accused of distributing land unfairly in
an attempt to reward particular communities at the expense
of others. It is alleged that following the recent
eviction of the Soys, the government (involving numerous
offices in the Provincial Administration and the Ministry
for Lands, as well as a local Member of Parliament aligned
with the government) distributed the land to its supporters
as a reward for their YES vote in the 2005 Constitutional
Referendum. The Ndorobos, in general, are pro-government,
as is the local MP.


5. (U) Members of the Soy clan have formed the Sabaot
Land Defense Force (SLDF) to challenge the land allocations
and protect their perceived land rights. Recently, the
SLDF evolved into an armed militia which has been fighting
the government and attacking the beneficiaries of the
allocations (predominately Ndorobos).


6. (U) In the past six months, the SLDF carried out attacks
against both the administration and the community. Over
144 people have already lost their lives in the conflict,
with the number of killings escalating in recent weeks.
Schools have been forced to close their doors due to poor
security in the area, affecting thousands of students.
The Kenya Red Cross reports over 61,700 people have been
displaced, with many fleeing to the safety of neighboring
communities in Uganda and other parts of Western Province.
There are numerous reports of violence and rape used by the
SLDF to intimidate families into fleeing their land.

Strong Arm Tactics Contribute to Insecurity
--------------


7. (U) The government's response to the conflict thus far
has been to fight fire with fire. The increasing attacks
by the SLDF prompted the government to declare the Mt.
Elgon area "closed" to outsiders due to security concerns.
The government deployed security forces to the area
(estimated at between 550 and 650 police officers) to quell
the violence in early 2007; however their arrival appears
to be more incendiary than calming. The death toll
continues to rise. The security forces themselves are
accused of committing serious abuses against Mt. Elgon
residents, particularly sexual abuses against women and
children. Their presence also contributes to tensions
between the two contending communities because they are
perceived to be victimizing (or punishing) the Soy while
defending the Ndorobo.

Death Toll Attracts GOK Attention
--------------


8. (U) Amid the rising death toll, 13 members of
parliament (MPs) urged the Kibaki administration to step up
its efforts to bring stability to the area and defuse
tensions between the affected communities by promoting
dialogue. During the April 4 special session of parliament
to discuss the conflict, members traded accusations of
responsibility for fanning the flames of the conflict.
Area MPs are accused of opportunistically fueling the
conflict for political gain in an election year. Internal
Security Minister John Michuki laid the blame squarely at
the feet of several MPs and announced that his policy of
force was working. Michuki outlined the government's
response to date, saying almost 300 suspects have been
arrested. Michuki also urged the Ministry of Lands to
expeditiously issue controversial title deeds to the
(primarily Ndorobo) allottees. Following the April 4th
debates in parliament, the government spokesperson
announced that the government was promoting dialogue
between the administration and community leaders through
the establishment of peace committees and offering amnesty
to those who surrender their weapons.


9. (U) Following more violence over the weekend in which
the children of an assistant chief in the area were
targeted and killed, the government announced on April 10
the cancellation of all of the grief-giving Phase III land
allotments. Rather than cause for celebration, the
announcement has engendered much confusion among Mt. Elgon
residents. The announcement casts additional controversy
concerning the status of ownership for people who had
assumed possession of the allotted land as well as for
people who were evicted from the land identified for
allotment. The government has yet to clarify the status of
the land under consideration for allotment. Michuki is
widely blamed for the deteriorating security situation in
Mt. Elgon. Numerous civil society organizations, prominent
religious leaders and politicians are calling for his
removal.


10. (SBU) Comment: Many of those calling for Michuki's
removal have little interest in or knowledge of the Mt.
Elgon communities. Rather, they have other reasons for
wanting to see the back of Michuki. This issue is a
convenient means to achieve that end. Michuki is a crucial
financial backer of President Kibaki. We do not expect to
see him go.


11. (SBU) The roots of the Mt. Elgon conflict
extend beyond the mere security threat posed by the SLDF.
Unless the underlying causes of the conflict are adequately
addressed, and not just "resolved" through arrests and
reshuffling of title deeds, the resentment and disaffection
of dispossessed communities will continue to simmer and
threaten stability in the region. Only by tackling the
difficult problems inherent in the controversial land
distribution program through a transparent, consultative
and objective public process can the government bring
lasting security to Mt. Elgon's residents.
RANNEBERGER