Land issue and legitimacy of Kenyan Legal system!
Posted on September 18, 2009 by Saidimu Ole ngais
It’s unavoidable to not give credit to facebook for opening up the easier channels for people of all calibers to meet and discuss matters affecting their society.
But the intention why I’m writing this is not to promote facebook but to give my reaction to the question from my facebook friend, M. Rainy about land conflicts in Laikipia.
M. Rainy’s question to me was; what is your reaction to this effort of finding legal address in civil and criminal court action? The question was generated after our discussion before on land issues in Sukuta Oo Marmar.
And so , here I drop myself dead on the question, but I warn you, reader, I got kids running all over here so….:)
Of course I think, in my not premeditated spontaneous reaction, that legal matters in Kenya as well as in any sovereign State must be solved legally with the national or if need be, international laws, governing the specified areas. I think landlessness and land conflict is a ticking bomb in my motherland! If we don’t honestly address the issue of resources sharing (land resource especially), in Kenya, then I am sure that even with the best Constitution, Kenyans will still find themselves in peril.
I imagine of Mukogodo reserve and all the generations from the time of my grand-father ( Il-tareto), who were restricted with Kipande system. My daddy says that, like many other I-tareto in Laikipia, my grand-father died a very bitter man because of among others landlessness and confinement in Mukogodo.
The legal system in Kenya may have a lot of problems when dealing with land issues because of the fact that the laws we inherited from Lancaster may not be the just laws that represent the interest of the citizens of Kenya. Landholdings, transfer, and or acquisitions may not have gone the legal and just way since the British colonial Master left Kenya for Kenyans. Those deeds which were legally acquired under the same Colonial or, if you like, neo-Colonial, may not be legitimate given the fact that some individuals own lands equivalent to a whole division and more while others do not have anything at all.
Protecting the rights of individual land owners is vital just as it is ineluctable to attend historical land crimes committed before and after the colonial era. This is why we need sober minds to tackle our domestic issues based on a legitimate and just legal system. The paradox is that, using the current legal system to settle the major land conflicts, in my personal opinion, will even worsen the situation for the already poor, oppressed and scared land grabbing victims like the Laikipiaks.
Do you think that the legal system that Odinga didn’t dare seek refuge in, during his apparent stolen presidency is now legitimate to act on behalf of the victim? Or, will it be manipulated to protect the resource owning Class that own Kenya at the expense of the poor majority?
As we are aware, about 25 %( check data) of individual Kenyans own land and control 75% of the national economical resources. So it’s genuine to say, the poor lot cannot benefit on the current legal system unless fundamental changes are made.
Most of the communal owned lands are either over grazed, or not possible to develop not only due to the nature of ownership but also due to lack of financial resources.
The tragedy is that, the landless and those who had their lands stolen from them may know that a crime was committed but they have lived and still lives with the pain and shame that they don’t know how to pursue justice. They have no one to represent their plight. We tried with OSILIGI (1995-2005) with the belief that “OUR” land was to be returned as it stated in the 1901-4 land acquisition treaties between the Colonial British and the Spiritual leader Olonana. OSILIGI sensed danger when the Kibaki administration decided that they should not exist and so OSILIGI winded up becoming a shadowy community trustee, scared to death of messing up with the government of Kenya. The land crisis of the Laikipiak Maasai continues and the population is growing as well.
All in all, people like my gone grandfather, may the lord give him peace, left my daddy and his entire family a very bitter soul. The bitterness that is inherited along the generations until justice is done. In his frustration after living Narok, he unwillingly settled in Mukogodo. He remained there under close watch by the Askaris who were installed at Mulango (Gate- Il-polei barrier) which still exist; I hope they move it to somewhere else!
Around 1978 the bitter Or-ltaretoi lo le Ngais, as he narrated down the generation, became a benefactor of 2 acre land in Sukuta Ormarmar during some kind of land transfer from a Colonial owner to the new land owners.
Although I understand he spoke of moving to the free land in Marmar, he never made it. He died a captive at Il-polei and was left to the hygienas, as was the burial traditions out in the night in a controversial patch of land around Mulango which used to be named after the perceived owner, Lekoros but in yester years, transferred from Lekoros to Korere and now under the hands of Lempurkel. My greatest hope is to one day being allowed to build a little shrine at Lempurkel’s Lekoros farm at Mulango for Ol-taretoi’s soul to enjoy the comfort of decency!
It falls naturally on me to acquire the omitted justice today or tomorrow, not only for my Ir-mekuri but for me and for my sons, so that his sons and daughters may live a better life in respect and equality because they will be able to stand for themselves on equal terms as all other animals in the farm! They will ask to be given equal portion of the milk from the farm because it’s also essential for their well-being.
For me, challenging the present Kenya legal system is fundamentally essential for our future as a nation. Just as you are, I feel the call to duty, if not for any other reason, than to ease my soul and posthumously preserve the dignity and the right to self determination of my grandfather as I finally establish a true historical reality and position for his generation.
About the legitimacy of the legal system in Kenya regarding the land re-distribution and land policy, I wish to continue later because it’s now 20:30 here in Sweden and my kids are all over me since their mother is out for a girl-party while I stay at home nursing. I never claimed that Maasai culture is STATIC! We are a changing people!
Rainy= (always wanted to call you Leshan), I can’t just be constructive right now. I will definitely love to discuss this issue in all dimensions with all open minded and concerned Kenyans. Shall we continue later?
Note: I missed the age group names between Il-tareto and Ir-mekuri. The old soul above was a Ol-taretoi and nothing else. Sorry for the mismatch.
Saidimu Ole Ngais
Comments (4)
LAND IN LAIKIPIA AND HISTORICAL LAND DISPOSSESSION.
To comment on the above i wish to begin by stating that the most contentious issue in Kenya today id the issue of Land. From the coast to the shores of lake Victoria, Wajir to Kibish the story is that the Kenyan people have an issues of being dispossessed in one way or the other either by the so called government of government functionaries.
While this being the case it is common knowledge to all and sundry that the biggest land fraud in Africa was meted upon the Maasai through the infamous Anglo -Maasai Agreements of 1902 and 1911.Note that the Maasai were the first indigenous Kenyan communities to challenge the British on the issue of Land through Ole Nchoko and others when they took the case to a municipal court to challenge the agreements in 1913/14.
The quest for the redress of the question of land by the Maasai has never been silent, the Maasai delegation walked out of the Lancaster conference deliberations when Kenyatta and the colonial office conspired not to deliberate the issue of Maasai Land in the independence conference, John Keen was detained by Kenyatta for asking for redress,1n 2004 over 300 Maasai children,women and men were arrested and incacerated in Nanyuki,Laikipia, Marlal, Nyahururu, Naivasha, Nakuru and Nairobi when the Maasai demanded redress of the same. During the same period the Maasai lost over twenty people under the gun of the police including being killed by helicopter gunships{courtesy of Michuki} Maasai Civil Society Organizations under threats of de- registration. The story is long and painful but the million answer question is and will always be ‘DOES A TITLE DEED OF AN ILLEGALITY MAKE OWNERSHIP OF LAND LEGAL?” Morally no an illegality begets an illegality and it is untill and unnless the truth is told and justice done, the healing shall never be there, it might be suppressed but only for a time. The truth is the colonialist illegally took away Maasai Land, Kenyatta made the Million acre Scheme and facilitated tribal land buying companies to buy the land at throw away prices, settled his people in the name that Kenya belongs to Kenya with him and his right hand men taking the best of the land.
I think Kenyans of good morals should learn the history of this great nation and help unravel the hidden truth so as to help Kenyans out of situations like the one witnessed during 2007 post elections
First congratulations are due to Ole Ngais for a job well done in coming up with a forum for sharing, motivation and encouragement needed for the cause to move to the nxet level.
More interaction is needed for to connect the dots in the overall community moves to help integrate gains for meaningful internal and external engagements.
That said, Ben Koissaba continues to share details on land and historical injustices that did rob minorities ancestrals lands and their means of livelihoods that continue impoverish them as those illegally blessed at their expense continue to florish, get rich and stronger in a dispensation Mwalimu Nyerere once discribed as “a man eat man society”.
As much as information is appreciable, doing nothing about that information helps now one: The disjointed manner in which we act as a people continue to leave a lot to be desired and leave us at limpo with things getting worse by the day. “Miaru ilkingarana nkishu ne meramat oo wuasha!”
I repeat this often and will continue until change comes amu ejo te maasae “irorie amu miany ee”. Enaile doshi ake neton eishu iyiook olosho le maa. Keitoki sa doshi asarunoyu oltau eipurupure?
Sapuk taa iyiook ene oitoi, kanu sa doshi kintushul kiguana ayimaki kuna nikipik indung’eta nikisujaa meo ena supat nikiiyieu?
Enkishon e Maa continue to organize meetings, just like Reto, Dupoto e Maa and Maa Civil Society Forum did preceeding them. Association of Maa Abroad/AMAA is doing them same forb community fellowship abroad. How do we bring all these efforts together, leverage on shared resources and agree to work together on a community interaction schedule to be hosted quarterly: In Kenya, Tanzania and Abroad? This in my considered view will bring us to page and develop a blue print for our engagement on community challenges.
Once vital areas of concern are identified and agreed on, critical issues prioritized then best fit teams will be mandated to set and realize goals through realistic objectives.
A struggle since Ole Nchoko (1913) to date is a long time to groop and wallow in the dark. It is time we worked in the light of love and unity among ourselves else we continue to shoot ourselves in the foot in a self defeatist attitude that threatens to kills us all.
Meelimaa
This is a good and well meaning article. However it fails to accept the reality of transition into modern history. The land in the UK, US, and most of the developed world was ‘grabbed’ consistently and relentlessly for the last several centuries. Has that prevented development?
People should stop manipulating public opinion and distorting the realities of economic development. It does not come from Land. The wealthiest countries have little land, a most of the population do NOT own it (they rent it). Japan, Luxembourg, Denmark, Switzerland. They did not become wealthy by herding cattle and thinking 2 acres per head of semiarid savannah would make them rich. That thought is preposterous.
Please do focus on what matters. Education, entrepreneurial spirit, looking forward and not looking back.
Good luck to the Maasai people. Proud and brave. And in serious need to start accepting the past is gone.
DK…….reaction ……..on comment above starts….. here………………
Oreli, I absolutely agree with you that we focus on the enlightenment of our people owing to the fact that the western world era of enlightenment was about 4 centuries earlier. I also second the vote to prioritize the spirit of income generating activities which will certainly empower not only the oppressed people but the entire Nation and indeed, continent. Consequently, I belief that there is no way we can do all this without security.
Look at what is happening in Samburu now, All the killings and human degredition, endlessness conflict beteen ethnic groups is a direct resulting from historical crimes and fraud against the Maa and other ethnic groups in Kenya.
Of course, we have never been backward, not even in the 17thc when the Western world was being enlightened! We have always been “ingenous” and self-reliant, only that our system has been corrupted and that is why we cannot live within our brilliant welfare system, e.g. restocking, large scale zero grazing while maintaining communal land ownership form and sustaining our environment for many generations to come.
It is every Kenyan wish, that we manage our resources fairly and morally,nevertheless, not all Kenyans have access to, or own the right to utilize them, and that is the problem! Luxembourg, Sweden and Denmark ,Switzerland, America are all grabbed lands but they never stopped developing just as you highlight. Unlike Kenya, the government of those Western nations attached value to individuals hence created a system to protect it. The government can be said to be a necessary evil, even in good times, but the people can always check and balance it to ensure that it does the job it is constitutionally assigned to do.
The Western world(Most of them), begun by addressing the historical injustices in some parts(regarding to if the oppressed people were aware of their rights), and people were compensated. People were given sovereinity under the constitution of their new Nations. The colonizer had to give up and let the colonized nations rule themselves. On its turn, the now free nations saw it as a necessity to provid its population with opportunities to self determination(well-to-a majority-extent). In the West, human rights were constituted and respected. Democracy became a leading star, although am not claiming that democracy is a must for a nation to prospare, look at China and its growing market(but not sure if iChina’s Capitalist face is humane).
The “Red Indians” though,may not have been compensated following the systematic Massacre by the Colonial masters who invaded. America have now repented and recognized the “Indians” I think that America have issued a public apology to the Native Americans, the Indians for the atrocities committed against them under the construction of America.
In the European countries, the royal, the Lords who owned military and farm lands negotiated with the King to share power and resources in exchange of security and taxation, an agreement that led to the creation of the English Magna Charter in the 1217c. They negotiated with their King for their Rights . This agreement to fairly share resources, gave rise toa new “Constitution” was made to regulate the agreement. A Bill of Rights came to being! This is what we as Kenyans are today working on.
We have never been so much involved than today.. Yes, we know that our people should be able to read the Constitution and understand what it says in Kimaasai and other native tongues, in order to understand how to claim their rights to equal sharing of Kenya’s natural resources.
The Constitution will soon be passed but the ingenious people may not understand what it is because the system have not taken that into consideration. Despite that, they are looking forward and craving for equal recognition.
Yes, we want to be businessmen and women because we are forced to. Here, we want to your expertise as much as any other well wishing Kenyan to help our people change attitude towards today’s life and trends of change.
People’s attitude is changed through proper and quality education for instance, and this is provided by the nation Sate, well. ought to be so…
My question to you dear fellow, Has the government of Kenya provided quality education to the children of Kenya?
Has it provided necessary facilities to distribute equality in say, Samburu, Laikipia or other parts of Northern frontier? Why?
Kenya is not a poor country and it has well educated civil servants….
Its 08.26 now and I must take some breakfast so that I run to school lest I come late and conform to the stereo-types.
I want to continue this debate… Ndugu Oreli, be positively motivated and challenge the Kenyan people..
Thank you for this time..
Saidimu Ole Ngais.
updated 15:51. on Dec 11th 2009
[...] OleOrilili, I am greatful that you found us and kindly continue to motivate us on this cause. I thought I should bring my reaction to your comments to the post section to attract more attention from our readers. We kindly as k you to be involved in this debate.Here is the original comment by OleOrilili. http://diasporakenyan.se/2009/09/18/land-issue-and-legitimacy-of-kenyan-legal-system/#comment-38 [...]