Final Draft Report-Revised

Saferworld 2013

Copyright Saferworld First Edition, 2013 All rights reserved. All or part of this report publication may be reproduced freely, provided Saferworld is duly acknowledged. Report prepared by: Daniel Kiptugen and Edwin .O. Adoga Report Edited by: Disclaimer: ISBN:

Foreword
Saferworld, with support from DFID, is implementing a 20 months electoral security programme in Kenya, including a six month cost extension. The ultimate goal of the programme is to ensure that the 2013 elections were perceived as fair and largely free of political violence. The project aims to develop an overall coordination mechanism among key peace, security and election management actors at national level; develop coordination mechanisms for preventing electionrelated violence, responding to early-warning alerts, triggers and rising social tensions in identified hotspots; and enabling peace Actors in six target areas to carry out community oriented conflict prevention and peacebuilding projects with the intention to reduce social tensions and respond to the threat or outbreak of election-related violence. Saferworld also has a policing and small arms project in Bungoma and the recent Killings in Bungoma, Busia and Trans-Nzoia was a wake-up call for the National Police Service and the National Security Council in general to reassess its mandate. Despite the on-going structural and institutional reforms to professionalize the Police service, the goodwill and confidence in the service has waned. The situation has been compounded by turf wars in the National Police Service Commission and the Inspector General of Police office. It is upon this realization, that Saferworld commissioned a rapid conflict and security analysis to understand issues, drivers, and actors as well as make recommendations using the peoples to peoples approach. The urgency of the analysis has been necessitated by unauthenticated reports from National Youth Sector Alliance (NYSA) which cites Bungoma as One County where groups of jobless youths offer services to politicians prior to, during and immediately after the election period. Now that there are petitions in 7 out of 9 constituencies; the political inter party rivalries and divides makes Bungoma County one major hot spot in Kenya. It is alleged that incumbents and losers are using harassments, intimidations to target political supporters to sway security and Justice Issues. This report therefore captures key conflict and security issues that will inform and contribute significantly in conflict prevention and reduction in a manner that inform the peace and security architecture of Bungoma County. Key actors, gaps and opportunities have been identified to improve the effectiveness of interventions in contributing to conflict prevention and reduction can be explored. The analysis also helps in the understanding of the recent acts of killings, structural antecedents of violent conflict and what converts latent conflict into open conflict or intensify the existing conflict. It will also propose and recommend actions that will help stem loss of human lives. The rapid conflict and security analysis in Bungoma has looked into the conflict structures in terms of analyzing the genesis of the recent acts of violence, factors underlying the conflict, analysis of the conflict actors by carefully analyzing their interests, relations, capacities, peace agendas and incentives. Conflict dynamics in relation to: - long term trends of the conflict, triggers for increased and decreased violence, capacities for managing the conflict and the likely future conflict scenarios were also analyzed.

In looking at the structures, vulnerability outbreak or intensification of conflict has been profoundly considered. Contextual analysis that includes the history of recent violent conflict to date and sources of tensions has been mapped out the, linkages and connections between sources of tensions and the violent conflict have been identified. The rapid analysis has also pinpointed critical actors who are affected by conflict. Violent conflict among the people of Bungoma County is a new phenomenon since communities have lived in harmony in the past. Of course, wherever there are people, there are always conflicts. However, the existing conflict among these people has confounded many! The recent concluded national elections and the devolved system of governance calls for urgent review of the peace and security architecture. The level of atrocities in Bungoma County has since taken on a new dimension. Incidentally, the levels of destruction that accompany these conflicts have taken a disproportionate dimension of exponential nature. The need to look for a lasting solution to this near endemic problem is imperative now more than ever before. The urgency called for in these efforts needs not to be overemphasized as each day that passes draws the communities closer to yet another possible clash whose costs are immeasurable. Kenya Programme Saferworld

Acknowledgement
The consultants are greatly indebted to a number of people who made the study a reality. Special thanks go to Saferworld Kenya team that guided the research team and provided helpful comments on the draft reports. We are particularly grateful to Mr. Christopher Wakube, Ms. Bonita Ayuko, and James Ndungu for their contributions in the conception and execution of the Study. Our sincere and special thanks also go to Bungoma Catholic Justice and Peace Commission and all the interviewees who actively participated in key informant interviews, focus group discussions and in reflection workshops over the recent acts of violence in the aftermath of the just concluded 2013 elections. This was enough demonstration of commitment to the study. It is our hope that they will show the same level of enthusiasm and be available to implement and monitor the recommendations from this study. We wish to give special mention to Mr. Albinus Muga and his team, Mr. Emmanuel Were for going extra mile to ensure that the relevant people and logistical arrangements were effectively. We would also like to acknowledge the support provided by our research assistant Mr. Suleiman Sultan Last but not least, we wish to thank all those who in one way or the other participated in the study. It is our hope that the study will inform the development of practical people to people approaches in peacebuilding, conflict prevention and security strategies that will mitigate in loss of lives for the Bungoma people.

Acronyms
ACT CJPC CRA CRECO CSO CSR DFID EWER FBO FGD FPFK GSU KBC KYSA MATESO NGO NPS NSC NYSA PEV SLDF TEPEHURDI TJRC Act, Change and Transform Kenya Catholic justice and peace Commission Commission on Revenue Allocation Constitution and Reform Education Consortium Civil Society Organization(s) Corporate Social Responsibility Department For International Development Early Warning Early Response Faith Based Organization Focus Group Discussion Free Pentecostal Fellowship in Kenya General Service Unit Kenya Broadcasting Corporation Kenya Youth Sector Alliance Mwatikho torture survivors organization Non Governmental Organization National police Service National Steering Committee on Peacebuilding and Conflict Management National Youth Sector Alliance Post Election Violence Sabaot Land Defense Forces Teso Peace, Human Rights and Development Initiative Truth, Justice and Reconciliation Commission

Table of Contents
Foreword ............................................................................................................................................... 3 Acknowledgement ................................................................................................................................. 5 Acronyms............................................................................................................................................... 6

Why Rapid conflict and security analysis in the county of Bungoma? .............................................. 8 Methodologies .................................................................................................................................... 10 Bungoma County Profile .................................................................................................................... 10 Conflict analysis; key conflict and security issues ............................................................................... 11 Key Actors in conflict and security ..................................................................................................... 20 Existing Initiatives addressing conflict and security in Bungoma County ......................................... 26 Conclusion ........................................................................................................................................... 28 Recommendations .............................................................................................................................. 29 Annexes ............................................................................................................................................... 32 Annex 1: Pictorials .......................................................................................................................... 32 Annex 2: FGD Questionnaire ........................................................................................................ 33 Annex 3: Conflict and security reports-Reference ......................................................................... 35 Annex 4: Participants List ............................................................................................................... 36

Introduction: Why Rapid conflict and security analysis in the county of Bungoma?
1. On April of this year (2013), a wave of killings rocked Bungoma and Busia counties where it is estimated that 15 people were killed in horrific fashions and at least 150 more injured by indescribable-like-criminal gangs. Bungoma County recorded a death toll of at least 8 people with Kibabii, Kikwechi and Mukwa villages being heavily affected. Similar temperament of insecurity was experienced in Bungoma back in the early 1990s during the reigns of the dreaded Musumbiji, Amachuma and Moja Kwisha gangs. However, the county prior to the recent incidence was relatively peaceful with minimal record of violent community conflicts except for Mt. Elgon Sub County where the Sabaot land defense forces (SLDF)-a ragtag militia outfit- had until 2008 terrorized in large scales, the locals living within and around proximate areas based on their land claims, criminal operation. 2. Chronology of events regarding the recent killlings-The first series of attacks was carried out in Makutano-Kibabii village on 11th of April 2013. Seven homesteads were assaulted, leaving two people dead and more than twelve injured1. In Mukwa and Kikwechi villages the attacks were done at around 9 pm on the night of 25th of April 2013. Their manner of operation was well coordinated and entailed pulling people out by shouting out thieves repeatedly in the local language, prompting people to rush out of their houses to help. The attackers who were around 20 people, mostly youth immediately descended on the locals using pangas and rungus as weapons. In April 26th 2013, another group of eight people attacked the village of Ndegelwa where at least three people were injured. This group of eight is said to be well known to the villagers by name and even where they live. Two of the group suspects were later on killed by the residents through mob justice, and later on one was arrested by the police while others managed to escape. Below is a table providing the dates, location and the least number of people who were killed and those that were injured. Date 11-04-2013 25-04-2013 26-04-2013 05-05-2013 08-05-2013 22-05-2013 Location Makutano-Kibabii Mukwa, Kikwechi Ndengelwa Maina, Mashambani Marrell Persons affected so far 2 deaths, 12 injured 76 injured 8 injured 6 injured 2 deaths, 3 injured 6 injured

3. On Sunday 5th of May 2013, more attacks occurred in Maina village. At least six victims were injured in the process and later on treated at Bungoma District Hospital. On
1 Case of John Simiyu-The home of John Simiyu and his wife was attacked 11 April around 3 am. Three attackers came and knocked down the two doors and headed directly to the bedroom, asking for the mwalimu (John Simiyu). They killed mwalimu and seriously injured his wife Catherine. She managed to escape and was treated in Elgon View Hospital in Bungoma. The daughter and Grand daugther, who witnessed the incident, are seriously traumatized after the attacks. (case example courtesy of Mateso- Mwatikho torture survivors Organization).
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Wednesday 8th of May, a family in Mashambani village was attacked, the husband killed, and the wife and their daughter injured. Immediately after the Mashambani terror, more intermittent attacks were reported in Marrell on 22nd of May 2013. According to the available reports on Marrell, the attackers came at around midnight, but luckily the police intervened in time forcing the gang to flee although later on, coming back at around 3am in the morning where they carried out several serious attacks. Approximately six to fifteen people were reported injured. More cases of killings and attacks have later on been reported across the County. The local People in these areas continue to receive threats through phone calls and leaflets. Note: More deaths were recorded totaling to at least eight people and more injuries captured outside the villages mentioned in the analysis. 4. Response from Authorities-On Sunday 28th of April 2013, the Governor Ken Lusaka held a security meeting with Senator Moses Wetangula and other leaders including the security machineries. Measures proposed in the meeting in their attempt to contain the killings included, immediate transfers within the police service and more patrols with the national government being asked to provide the police with vehicles and equipment, so that they can respond to the incidents. 5. Following the backwash of the Bungoma wave of killings as evinced above, debates, accusations, suspicions and allegations were brought forth by different political leaders, religious leaders, human right activists, members of the local communities, the police service, civil society organizations and the media with a view of trying to demystify the people behind the killings and the reason for the killings. Despite all these intrigues, the source of the conflict havent yet been identified, neither is there comprehensive sets of safety nets coherent enough to guarantee security normalcy in the troubled county. On the contrary rather, there are fears of local communities organizing themselves into vigilante groups/gangs to protect themselves against the criminal gangs amid loss of confidence in the law enforcement agencies.2 6. It is against the above background that Saferworld Kenya Programme decided to conduct a rapid conflict and security analysis in Bungoma County. The goal of the rapid conflict and security analysis of Bungoma County is based on the following specific objectives;a. To identify the conflict and security issues, actors and dynamics in Bungoma County; b. To map out the available local capacities for peace including CSOs, religious structures, traditional mechanisms etc; c. To identify key actors that the organization needs to engage in intervening in the conflict in Bungoma County; d. To make recommendations on people to people approaches that can be employed to mitigate and address the existing conflict in the County.

2Vigilantes lynch eight suspects over Bungoma killings, by Daniel Psirmoi (17thMay 2013) www.standardmedia.co.ke 9

Methodologies
7. To be able to provide a holistic and interactive report, this Rapid Analysis engaged the following methods: a) focus group discussions (FGD) - where peace committee members drawn from all the former Districts within the county as well as local civil society organizations that are vibrant on community security and policing initiatives were engaged. The focus group discussions additionally entailed thematic group work and presentation sessions apart from tailored conversations with regards to appraising the status of security, the processes, structures and approaches so far being pursued (See the FGD guide attached as an annex). b) Key Informant Interviews (KII)-this method was used to target; specific members of the local communities where the killings occurred, chairpersons of peace committees and opinion leaders with a view of getting deeper insights into the conflict and insecurity trends within the county. c) Reflection workshops, and document and multimedia analysis-these two method enjoined together, entailed interrogating different conflict and security documents, videos and audios online with an attempt to seek answers and discussions regarding the contextual nature and cause of the recent killings and increasing insecurity.

Bungoma County Profile

8. Bungoma County is located in the western Kenya and is consists of 9 sub Counties/constituencies namely: Bumula, Kanduyi, Webuye West, Webuye East, Tongaren, Sirisia, Kimilili, Mt Elgon and Kabuchai. Road transport is the major means of transport while the use of motorbikes and Bodaboda bicycles are widely popular. The county has a total Population of 1,630,934 and covers an area of 3,953 sq.km3. About 53% of the population lives below the poverty line4.The county is endowed with natural resources (Mt. Elgon, hills, forests, rivers Nzoia and Malakisi, hot springs) and historical sites (Chetambe Fort Ruins). Additionally, the county has Mt. Elgon National Park, Mt. Elgon Forest Reserve and the Chepkitale Forests, Nabuyole and Malakisi Falls, Sang'alo, Musikoma and Kabuchai Hills, caves at Kitum, Machingeny, Ngwarishwa, Chepnyali and Kiptoro as tourist attraction sites. The local economy is driven by Webuye Pan Paper Mills and Nzoia Sugar Factory. Other drivers of the economy include: commercial businesses, cooperative societies, sugarcane farming and livestock farming5

3Kenya: County Fact Sheets Commission on Revenue Allocation, 2012. 4 Ibid. 5 This section has been collected from Kenya Mpya, see: (www.kenyampya.com/index.php?county=Bungoma).

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Figure1: Map of Bungoma County, courtesy of Kenya Mpya (www.kenyampya.com)

Conflict Analysis; Key conflict and security issues

9. Possible causes of the recent insecurity-There are different explanations in the public domain as to the causes of the violence although all of them being claim(s) up to this moment. These causes are documented primarily as political and criminal in nature. a) Political rivalry 10. Political rivalry is alleged by the residents to be the most likely factor in the recent killings. This is due to the fact that the killers as claimed by victims fortunate to have survived the ordeal and their families, were compelled to indicate which politicians they had voted for during the 4th March general elections just before terror reigned. Prominent local politicians have so far been mentioned for allegedly funding the youth grouping in a bid to service their political interests. These youth grouping have turned out to become political gangs used purposely by local politicians to offer campaign protection services. There is a loud narrative in the same vein which intimates that the recent killings remain a tactical political move ahead of the upcoming ward and constituency election petition hearings by politicians from both sides of the isle to influence political winning and promote necessary intimidation and fear through the creation of inter-clan animosities. Subsequently, many of these attacks are claimed to be revenge attacks propagated by poll losers and firmly executed by the youth groupings with intent on forcibly relocating minority populations. b) Criminal activity of organized gangs

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11. The second cause of the recent insecurity is linked to criminal activities of organized gangs within the county. Organized criminal gangs which consist majorly of the youth are said to be mushrooming at a very fast rate due to a number of reasons some of which include: unemployment, perceived weak justice system, highly corruptible law enforcement systems, poverty, ignorance and widened socio-economic class inequality. The criminal gangs6 fullgrown in number and organization, have gone ahead to use machetes, axes and clubs on their victims, well identified in advance. The issue of Ritual practicalness by the organized criminal gangs is highly perceived as one of the reasons why the killings occurred sporadically and at transitory phases. The shared assumption is that the killings might have in some way constituted their ritualistic activities (initiation in this case). This explanation is further justified by the manner in which the killings were conducted and the refusal or reluctance by the gang members to take money or material wealth from their victims yet hacking their victims ruthlessly to death. To consolidate this point is an example of two young people alleged to be members of the organized criminal gangs who were nabbed by villagers and severe beaten to reveal the leaders of their gangs. Despite the beatings, they remained defiant since they were under oath to protect their secrecy7. In Kikwechi Village for instance, Mateso Organization revealed in their insecurity cases report (2013) that sheep and hens were slaughtered and oaths were allegedly taken just before the killings began.

12. All in all, both two explanations were cited severally as probable causes of the killing. With regards to the killings being ritualistic, then this is a new-fangled criminal gangs phenomenon and an elemental challenge to the high insecurity in the county. In both scenarios, the police service and the law courts are generally criticized as weak in enforcing and safeguarding the rule of law, a factor that catalyses possibility for more lawlessness and tension in the near future. It is sad that some of the alleged perpetrators are said to be roaming freely with no efforts certainly from the police service to arrest them even thou adequately informed. In the unlikely event of an arrest, the perpetrators have been released soon thereafter for what the police claim as lack of enough evidence or on bond by the courts. A good example is provided in the case of 36 years old Winrose Nasimiyu. Her hand was chopped off by one of the youths belonging to the criminal gangs and who she apparently recognized as Nyongesa. Nyongesa was however apprehended but later on released on bond and thereafter went around the same village exchanging bitter words and proclaiming how free he was indeed8. Unfortunately, he was later on stoned by the villagers to death in a mob justice, sparkling inter-clan feuds. With regards to the increasing organized gangs in the county, it is alleged that they have established command and communication structure that strategize their objectives to kill, and terrorize villagers. They are able to repeatedly cause harm and kill their victims even as more and more police are deployed to patrol the entire County9.
6 The gangs profit from instability due to existence of few incentives for peace. See: United Nation Office on Drug and Crimes-http://www.unodc.org/unodc/en/frontpage/preventing-organized-crime-from-spoiling-peace.html 7 This part of information was captured both in the Key informant Interviews (from a village elder in Kikwetu) and in the subsequent focus group Discussions. The Star Newspaper also captured the same sentiments in her article; combating-insecurity-bungoma-county: www.the-star.co.ke/news/article-119285. 8 Insecurity cases report in Bungoma County, 2013, by Mwatikho Torture survivors organization (Mateso). 9 This insight was captured repeatedly during the focus group discussions.

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13. Devolution and Conflict- The essence of Devolution is that the residents of Bungoma County are allowed to contribute in making decisions that are unique to themselves. This is as contemplated in Article 174 of the constitution of Kenya. The county has numerous security and development challenges which devolution may provide solutions to or otherwise precipitate violent conflicts depending with how planning and execution of county services is undertaken. As devolution intends to bring resources closer to the people, the ability of the county to make its own development decision in line with the constitution of Kenya attracts more vested political interests which if left unchecked, may dent the socio-economic development and cohesion fabric of the local people. Although the devolution framework hasnt yet triggered actual violent conflicts, the recent budget making exercise in the county and ongoing resource based conflicts especially land disputes in Mt. Elgon are seen as potential sources of community conflict recurrence. Residents of Bungoma County have complained of not being involved in the past budget making process. Their inclusion in the process through the citizen forum was generally to hear and stamp the budget proposals already constituted by the county government. Some of the appropriations that are deemed not necessary in addressing the county problems were still adopted and approved by the county assembly10. The inclusion of the residents in processes of decision making is poorly executed and hence results to loss of public confidence in the object of devolution within the county. In the event of aggravated service delivery that dampens hope for development, it is assumed that there will be increase in insecurity as the youth will be highly exposed to political manipulation as well as to the incentives of organized criminal gangs.

14. Pre-occupation of the people affected by the conflict- Bungoma is largely an agricultural town with majority of her residents practicing subsistence farming while minority practicing small and medium scale sugar farming. In Kikwechi, Maina, Marrell, Mashambani, Kibabii and Mukwa villages where the recent wave of killings were reported, majority of the residents are small scale farmers who depend on their farm produce for a living. Their living standards are relatively low and the land layout is majorly covered with huts and mud houses symbolizing the high levels of poverty. This specific factor mixed with other interrelational factors usually exposes them to a wide range of vulnerabilities. Majority of the youth within the town are involved in motorbike (bodaboda) business where others are casual laborers. Few in particular very few with regards to the native ones are in stable employment (employed either by banking institutions, cooperative societies, teaching, government and Bungoma municipality). In the rural settings including Kikwechi, Kibabii and Mukwa, the youth are largely unemployed or pettily self-employed in the bodaboda (both bicycle and motorbike) business. Women and men are largely small/subsistence farmers.

10 The revelation from the FGDs shows that the citizen forums where the people were supposed to discuss the budget and amendments were turned to endorse the already existing budget items and measures proposed

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Figure 2: the type of houses that were attacked by the gangs in Mukwaa and Makutano villages. Photos courtesy of (Mateso) Mwatikho torture survivor organization.

15. Effect of insecurity and conflict on men, women and children-trauma is one of the resulting effects of the wave of insecurity especially to the surviving victims. Families of the ones who were killed in the brutal fashion are severely traumatized while some families aside from being impoverished have also lost breadwinners. There are unconfirmed reports that women and girls were raped during the attacks. The actual number has not yet been revealed due to an array of factors such as: harsh socio-cultural stereotypical conditions that continue to intimidate and infringe on the rights of these women and girls to come forward with information, and existing fear of stigmatization by the victims of rape. The Luhya community and other ethnic communities coexisting within the county have for long upheld traditional mannerisms of naming babies born out of the ordinary circumstances (including rape, war, conflict or from hostile sub-ethnic groups). These mannerisms as embraced have been affecting and will continue to affect those girls and women who give birth to children under these circumstances by isolating and reprimanding them. As a result of the recent attacks and killings, diseases and teenage pregnancy cases are expected to rise with time, where as children of primary school going age in the affected areas and other hotspots will highly fail to regularly attend schooling for fear of further attacks or simply from fear of the unknown. 16. Another key effect which doubles up as an indicator of insecurity is the rise of incidences of mob justice. Mob justice is commonly referred to as mob injustice in the county and has seen the lynching and killing of young people whom some have later on been confirmed as innocent and nave. More than 12 people have so far been killed through mob justice in the year 2013 alone, while house of some of the suspected perpetrators have been burnt down11. Perpetrators have been released after one or two days, with police claiming that there was no gainful evidence. Because of this and the raising insecurity, people have taken law in their own hands.

11 This information was availed by members of the district peace committees during the focus group Discussion meetings.

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17. Identified Hotspots-The following were identified as hotspots where insecurity is deemed rampant and violence highly visible: Constituency Bumula Hotspot Mayanja-Kibuke Indicators drivers of violence Small arms, illicit drugs, high frequency of gender based violence (GBV), Boundary disputes, negative clanism and child trafficking Sugarcane belt/land disputes, illicit drugs, organized gangs Sugarcane belt/land disputes, illicit drugs, organized gangs Organized crimes/gangs, GBV Illicit drugs, organized crimes (child trafficking), organized gangs, small arms (from Mt. Elgon and Kenya-Uganda border). Sugarcane/land conflict, illicit drugs Organized gangs, illicit drugs, small arms Land and boundary disputes, water resource dispute, tribal animosity (sabaot, Teso and Bukusus), smallarms Mob in/justice/lynching, organized gangs Small arms, land conflict -

Nasianda Watonya Sibembe Kibabii

Bungoma South

Bungoma West

Bukembe Township-Muskoma Luandanyi & Mt. Elgon Machakha Hague Chebuyuk -

Mt Elgon -

Gaps, lessons learnt and new sights a) Causes of security and conflict intervention failures (Gaps and lesson learned) 18. Funding influences the lifespan of interventions and additionally, the ingenuity of interventions to be pursued. Almost if not all security intervention depends on funding and therefore any inconsistencies in the same, usually impact negatively on an intervention notwithstanding its achievements. It is apparent that funding has been a major challenge to civil society organizations, Networks and even the police service in Bungoma County. This equally means that healthy processes of problem solving end up not being fulfilled due to either lack of funding or funding overlaps. 19. Ethno-politics or/and clan based politics is another factor that influences the level of success and failure of conflict and security interventions. Politicians who have been accused for sponsoring criminal gangs and other acts of insecurities have remained subtly defensive and insincere about their roles with the situation compounded by existing weak early warning coordination mechanisms. Generally, there is the current habit where politicians take advantage of desperate youth using them during the electoral period as political gangs for protection and campaign. As a result of these actions, there remains a thin line on criminal gangs, vigilante groups, political gangs, electoral and ethnic instigated violence,
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sheer criminality and politics. Additionally, willingness and sincere cooperation by politicians especially those in public offices in community reconciliation and cohesion processes are relatively low in the county. This is worse in situation where these politicians are perceived key suspects. 20. The current poverty level is yet another factor which heavily deters peace and security interventions. With Bungoma County having more than 50 percent of her population living below the poverty line, any effort of bringing law and order will most likely be rejected if poorly designed. The inclusion of the local communities and peace incentives in the designing of peace and security interventions is critical if sustainability, goodwill and practical solutions are to be realized. Most importantly, peace and security interventions that intends or attempts to bring along with it economic empowerment components or attempts to in a realistic manner enjoin existing economic empowerment projects through partnerships will high likely bear dividends. 21. Poor coordination of past and current interventions by both State and Non state actors is another factor which ails the county. A lot of conflict and security interventions are overlapping whereas local organizations struggle to compete with each for mere funding without clear objectives. These local organizations pay little attention to partnerships and network as possible coordination strategies since the advantage of these strategies have not been sold to them. In the same vein, the mushrooming of joint working groups and Networks is mooted as crucial baby steps towards addressing shared problems while consequently presenting an opportunity to strengthen the principles of networking, thou the same within the context of Bungoma county is said to be confronted with unique challenges worth looking into.

b) Local capacities for peace; new insights Local capacities for peace generally include local institutions, local expertise, events, structures and traditional mechanisms which have the potential capacity to assist in strengthening peace and security in the County while enhancing tolerance and cohesion among ethnic tribes, clans and social classes. The primacy of local capacities is that they help to enhance the do no harm principle, exploiting the readily available resources and building on connectors that bring communities together. Furthermore, they reduce the divisions and sources of tensions that can lead to destructive conflict. Where people are in conflict, resources represent power and wealth and they are always critical to determining the roadmap to peace and stability or otherwise. In Bungoma County, the following were mapped out as the local capacities for peace: 22. Radio FMs- Citizen Radio, Western Fm, Kenya Broadcasting Corporation (KBC), and Mulembe Fm are the radio stations widely listened to by Bungoma residents. Peace and security initiatives can be designed to utilize these radio stations to engage the residents, offering tailored programs which seek to promote rule of law, security, cohesion and reconciliation while building on information collection and sharing. The tailored programs can be localized to include but not limited to the following:
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 Radio thematic skits which attempts to provide civic engagement on security perception and the consequences of insecurity in the economic growth and development of the county; Talk shows, county and National civic engagements and promoting musical talents that address on peace and security incentives; Youth programs that promote psycho-socio counseling and which provide information sharing and exchange platforms for economic and political empowerment among the youth; County education engagements; Linking existing agricultural promotions, corporate promotions etcetera with peace messages. 23. Kitinda Milk Processing plant, Webuye paper mill and Nzoia Sugar- These are some of the major sources of revenue for Bungoma County. The opportunity these factories avail is that of corporate social responsibility (CSR) and a multiethnic environment with a common corporate objective. CSR can be designed to help strengthen ethnic cohesion while providing support for alternative to violence initiatives in collaboration with groups and local civil societies. With regards to the multiethnic environment, these factories through their managements can be endeared upon to come up with company regulations/frameworks that attempts to reduce or watch elements of tribalism, nepotism and marginalization of minority groups. 24. Bungoma County women for peace Network- This is an upcoming group of women with representation from the peace committees structures, community based organizations, individual women members from all sectors et cetera. The Network is young (formed in 2013) and even though with a great objective to promote women participation in peace and security, it is widely vulnerable owing to lack of funding and capacity strengthening. This network can be strengthened and used to engage and use women as agents of change. 25. Universities campuses and colleges- Universities and colleges operating within Bungoma County can be used as conduits to develop and disseminate peace programs/education while building on extensive researches/studies partnerships to systematically explore options that can be advanced by actors in promoting human security components (which include community security, individual security, and economic security among others) as well as county development. Educational institutions that operate within the county (even with some in the hotspots) include: the Sang'alo Institute of Science and Technology, Mabanga Farmer's Training Centre, Kibabii Teachers Training College, SACRED Africa and the SACRED Training Institute and two private teacher-training colleges. University campuses in the area include: Moi University, Masinde Muliro University and Kenyatta University. 26. Business communities-Business communities in Bungoma County are not well interwoven into vibrant pressure groups to influence decisions and processes for the greater good of the county. These Business communities have in the past been more of spectators in security and conflict issues even though the same problem affects them directly. They

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however remain one of the untapped capacities for peace that need to be strategically and logically engaged. 27. Professional Associations-There is professional Associations as well as professional groupings. Professional groupings are amorphous and include new professional entrants from other areas of the country and Diaspora. Professional Associations and groupings are apparently not vibrant in providing checks and balances on issues affecting Bungoma County. Strengthening these professional associations is requisite if relevant civic pressure in response to insecurity and conflict is to be successfully applied across the county. Usually, professional associations at the National level assist in informing the public on the changing socio-political and economic situations, as well as protecting public interests while building disposition on various National issues. 28. Peace Committees and peace accords-The existence of District peace committees and the Mabanga peace accord present a great case of potential capacity for peace. There are huge challenges facing DPCs for instance; lack of enough and timely funds for rapid response, operational costs and capacity development. These challenges among others warrant address and joint support to DPCs is encouraged since they remain the best conduits for information gathering, sharing and dissemination. The role of Mabanga peace accord before the 2013 general elections in negotiating democracy for cohesion and regions stability comes out strongly as a local capacity for peace. A comprehensive study is advised with regard to understanding the successes and failure of the accord to draw comparative lessons. 29. Bungoma cultural festival-Annually, Bungoma County hosts a cultural festival to celebrate majorly the Bukusu culture and other existing Luhya sub tribe. This local capacity for peace needs to be engaged by all actors, promoted and components of peace, security and inter-ethnic cohesion embedded. 30. Bungoma County peace and security working group-The group was established in 2011 and brings on board NGOs, FBOs, provincial administration, police divisions within the county of Bungoma and community Based Organizations. The working group is basically a platform for exchanging information on peace and security across the county. The group is however grappling with a range of issues including lack of a secretariat and funds to coordinate day to day functions of the working group among other critical functions. This is amid the group having action plans and other documents to help in strengthening information communication. Collective efforts by the county government and donor community to strengthen the capacity of these working groups will greatly improve their attempts to mitigate future sources of conflict. 31. Bungoma County Government-The county government is an integral actor as well as an agent of change in the conflict and security state in Bungoma. The county government has the responsibility to provide basic services that intend to alleviate poverty, illiteracy and insecurity alternatives to the people of Bungoma. The county government has in the

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2013/2014 budget allocated approximately 10 million Kenya shillings 12 to facilitate reconciliation and conflict mitigation. A connector framework for implementation of the program will be more viable when it includes community based organizations and local communities from the identified target groups. In executing all her functions, the county government must listen to the voices of the people, plan and execute programmes in consultation with the people while engaging community based and National organizations operating in the areas especially on conflict and security issues. Bungoma conflict and security Insights from available reports 32. CRECO-Baseline report on conflict mapping13 features a brief analysis of Bungoma County cited on pages 83 and 84. The report rightly observes that major security concerns in Bungoma County involve Mt. Elgon constituency and the operations of the Sabaot Land Defense forces. On the economic dimension of the county, the reports indicates that over half of the population is considered to be living in poverty based on estimates from the Commission on Revenue Allocation (CRA). 33. The Truth, Justice and Reconciliation Commission (TJRC) established in the wake of the devastating events of the 2007/2008 Post-Election Violence (PEV) recently released its insightful report-volume 1,2a,2b, 3and 4- documenting historical socio-economic and political violence in Kenya and recommendation for State pursuance. Important Issues within Bungoma County were put into perspective across the five volume report and included the operations of SLDF in Mt. Elgon sub County prior to 2008. The report highlights that several gaps were left wide open and which include: lack of comprehensive disarmament programs by the government of Kenya and violation of human rights depicted during the Okoa Maisha operation, carried out by the Kenya Defense forces (KDF) in 2008. To combat insecurity within Mt. Elgon constituency, all gaps identified in the report must be addressed in a collaborative manner. 34. One key lesson or insight that can be picked from the report in the context of Bungoma County, is that the local communities are in most cases aware of their victimizers or perpetrators but due to huge challenges in the police service (intelligence gathering, enforcement competence, ratio imbalance, equipment inadequacy), weak and strenuous judicial system, and mixed challenges in community policing, the fear of retaliation from their victimizers keeps them closed up. Cited in the TJRC report volume 2b page 325 is a case by a Kenyan refugee in Uganda that exemplifies our argument. In 1997, when the residents of Chebuyuk in Mt. Elgon slept outside their houses, members of the SLDF would come and rape their women at night. Despite this heinous act, the locals did not know where to go and report. The perpetrators were known but couldnt be reported to the police. Members of SLDF hanged anyone they saw with a policeman and by end of 2005; the Sabaot Land Defence Force (SLDF) had been formally formed. This case represents the outcomes that befall areas which turn out as hotspots and the rate of lawlessness that follows thereafter.

12 This estimate is well reflected in the Bungoma county Budget of 2013/2014. 13 CRECOs Baseline report on conflict mapping and profiles of the 47 counties in Kenya, 2012

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35. The NSC-National Conflict Analysis and Mapping report provides a very general analysis outlook of conflict across the country. The conflict trends in Bungoma County are contained in page 26 under the western region category. The research provides general causes of structural conflict while indicating dissidents of SLDF or former members as some of the actors warranting engagements. Even so, Conflict factors within Former Western province report include the following: Land Issue, Poor security infrastructure, Border/boundary issues, Reactive government interventions, Political patronage, Negative ethnicity, Diminishing influence of elders, Alcohol and drug abuse, Small arms prevalence, Criminality (burglary, theft, rape), Lack of confidence in police and low confidence in the legal systems.

Key Actors in conflict and security

36. Crucial actors in the realm of peace, justice and security are primarily; the community, the central government and non-state actors. The predominance of the government in this regard is to provide security to her citizenry (communities14) and subsequently delegates this mandate directly onto the National police service (NPS). The police service just like any other law enforcing agency, upon being decentralized in the county is meant to ensure obedience to the principles of the rule of law where the security of the people is paramount, whereas the community on the other side helps to make meaning of these principles by living up their responsibilities of obeying law and order. The non-state actors comes in to complement the government in promoting enabling environment for policy development and implementation through collaboration, dialogue, capacity trainings, partnership, checks and balancesthe list is endless. 37. Their assistance is necessary in helping to address insecurity as a major barrier to development and avert instances of lawlessness15. The three main actors through concerted efforts usually produce other strategic and structural enabler actors in recognition of the importance of security in the socio-political and economic development. In the policing context of Bungoma County, these enabler actors include: Districts peace committees, county peace and security working group, and community policing structures. 38. This specific section provides insights on the types of actors in conflict and security operating within Bungoma County putting up a triangulated analysis on the work of these actors and the challenges they face based on the data collected.
14 In this regard, communities entail all the people residing within the county of Bungoma. 15 See Narayan, Patel, Schafft and Rademacher (2000) and Narayan, Chambers, Kaul, Shah and Petesch (2000).,Chabal, Patrick and Jean-Pascal Daloz (1999), Africa Works: Disorder as Political Instrument, James Curry, Oxford.

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Local civil society organizations and International NGOs 39. There are a number of International organizations, local community and faith based organizations (non - state actors) that are currently involved in supporting or directly implementing local initiatives meant to strengthen peace and security within the county of Bungoma and which have been steadfast in responding to the recent waves of killings in Kikwechi, Kibabii and Mukwa villages where at least 8 people were killed and more than 120 people injured. They are namely: Action Aid, Catholic Justice and Peace CommissionBungoma, Free Pentecostal fellowship in Kenya, Teso Peace Human Rights and Development Initiative (TEPEHURDI), Western Human Rights Watch, MATESO For instance, Bishops of Anglican Church and Mt. Elgon Residents Association Bungoma Diocese has been vocal in their (MERA)-please note that this were the peace calls to the police and the communities. organization that we were able to capture The Bishops have also attempted to dissuade in our rapid analysis exercise. Their the police severally from using live bullets in presence however, is thwarted by the dispersing crowd of peaceful demonstrators. following salient factors: Weak coordinated approaches, yielding fewer dividends in terms of reducing the risks of future amorphous security and violent conflict traps; Lack of consistent funds/inadequate funds both for rapid humanitarian response and for carrying out proactive interventions meant to curb future sources and causes of insecurity and community violence; Lack of sufficient community policing, peacebuilding and Human rights technical skills amongst local organizations in the area to conform to the ever changing conflict dynamics in the region; Lack of trust/confidence by the locals to engage and provide early warning information communication for fear of reprisal. This problem is additionally compounded by the weak implementation of witness protection program and poor participation of communities in the community policing projects. 40. Nevertheless, as one of the pertinent actors, both the International Organizations and local civil society organizations have managed to act as connectors between security organs and the county residents providing technical advice, dialogue and engagement platforms although in piecemeal.

Religious leaders 41. Although synonymous with the working of faith based organizations, religious leaders from different denominations in the county under the purview of this report have played a critical role in providing direct humanitarian assistance to the victims, while demanding for necessary points of action from the two levels of government. With more spillover effects of the killings being witnessed within Bungoma town, where business community are
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increasingly becoming targets of criminal gangs, church leaders in Bungoma have led peaceful demonstrations to highlight the inertia by government to address the unbecoming situations. Some of these leaders are drawn from both the Anglican and the catholic churches.

Figure 1: Some of the participants from the peace committees and civil society organizations in Bungoma County in a focus group discussion session.

42. The following table below highlights the existing actors, the issues that they are engaged in, challenges and the results so far.

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Actors

(nature of engagement/interventions)

Challenges

Results, likelihoods and security gaps (where necessary)

- Lack of trust has and may continue to affect the willingness of the locals to cooperate because of fear of possible retaliation. -lack of equipment and the existing intrigues in community policing will continue to slow down any existing genuine security efforts while encouraging activities that appeal to insecurity. -The retention of the same police officers that have been there for more than one year can only help but build suspicion and lack of trust by the locals because of their claims that police are involved incorruption and bribery ventures. -Worst case scenario is that the failure to effect change in the law enforcement organ will lead to loss of public confidence and an increase in mob justice/injustice.

Jubilee-Central government

-Providing services (security and provincial administration coordination) to the people of Bungoma County. -Ensuring that devolution helps to bring services and goods closer to the local people of Bungoma by handing over functions as stipulated under schedule 4 of the constitution of Kenya.

-Lack of professionalism/skills to uphold Information confidentiality by the police service fetched from community policing structures and the police security structure with regard to reports of the on the recent killings has led to diminishing public confidence in the service. -Lack of the necessary equipment (like motorcycles, vehicle) to aid police in patrol and the lack of incentives in the community policing framework. -Police stations are few and are allegedly marred by corrupt staff or ineptness. -The infighting between the National police service boss and National police service commission has complicated things with regards to communication and command structures of the police. This has led to speculations on job security by police personnel a factor that may add into the ongoing insecurities in the county of Bungoma. -Party affiliation politics causing latent disharmony. This is seen between the governor and his loyalists and senator with his loyalists who are from two different political parties. -There are election petitions filed in law courts within and without the county that are political in Nature. -County priorities with regards to combating poverty, unemployment, illiteracy, resource based conflict, ethnicity and corruption are not well reflected in the budget.

Bungoma County government

-The county government is preparing to take over functions from the central government and local authorities to promote agriculture, primary healthcare, trade, local tourism, to fight drug trafficking and pornography, promote governance and development at the countyet cetera. The county government is also with choice- in charge of developing county security, peace, conflict and development frameworks through county policies that will help to build a robust relationship with the National government and other actors.

-With the ongoing disharmony, politicians are most likely to continue waging supremacy contests at the expense of County security. -The presence of election petitions may likely, present different political rivalry dynamics by the incumbent and petitioner politicians, probable to undermine peace if the recent killings may have had any political bearing. Idle and un-employed youth is an issue that must be addressed as they are highly vulnerable to being used by politicians blindly. -Failure to provide alternative avenues for employment among the youth; failure to address resource based conflicts and corruption

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-the governor is said not to be reasonably accessible the public, particularly peace and security pressure groups

-Lack of equity and fairness in representation of minority rights in the executive committee is perceived a threat to county cohesion. -Cohesion and reconciliation isnt institutionalized within the county.

International Organizations (SAFERWORLD , ACT/ PACT and Action Aid)

-providing capacity trainings (administrative and thematic trainings), technical expertise (trainers, researchers, advisers, networking, thematic funding and problem solving strategies), organizational and thematic strengthening, and humanitarian assistance

Civil society groups (Peacenet, Act Kenya, Free Pentecostal fellowship in Kenya),

-watchdog initiatives, community peace and security dialogues, reconciliation and engagement platforms, research and fact

-Devolution elements like the recent budget making and participation process was not coherent and genuine. The communities were not able to engage in prioritizing development agenda rather stamping on the already made. The Bossiness syndrome prevailed. - Poor understanding of the local contexts and partners and therefore putting initiatives that do not sustainably address the changing conflict dynamics; -There are Various existing points of misinformation; -Lack of practical sustainability measures. Short term unpredictable funding -Lack of consistent/predictable funds; -Funds impropriety by local organizations; -Lack of realistic initiatives/projects where

will see more instances of insecurity in the region since these are some of the causes of violent conflict. -If the current complaints by the county residents are anything to go by, then the governor may likely lose the trust of the people with regard to participatory county development. Also, the people are highly losing hope to participate in the devolved concept; to consolidate county socio-economic opportunities critical towards overall county development. -there is need to rope in professional associations and youthful individuals from minority groups/rights in the governance of Bungoma County while sensitizing the essence of peace and security in the county development. -Failure to pursue open space community reconciliation by the county government will highly spoil the chances of the county to come to terms with the dynamism of violent conflicts. -The county budget which ought to provide alternative to crime and violence may end up not providing the solution but creating more conflict pouches in the future due to poor planning and all rounded participation in agenda setting. -Poor implementation and realization of projects goals (at times the projects are not effectively programmable to ensure intended results/impact).

-Existing ineffectiveness of peace and security projects to provide sustainable/alternative solutions to the current insecurity problems.

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Mt. Elgon Residents Association (MERA), Catholic Justice and Peace Commission-Bungoma, Teso Peace Human Rights and Development Initiative, and Western Human Rights Watch) Professional and County Business Bodies

finding, fundraising, partnerships, thematic project implementation (i.e. EWER projects, community policing projects), lobbying and advocacy ,humanitarian response

the communities are involved in planning and execution; -lack of skills and know how in peace, security and conflict realms, and humanitarian crisis.

-Hosting of the Bungoma cultural festival (although politicians are highly if not equally involved). -Providing public interest checks and government to both the county and National Governments

Religious and civil leaders (Catholic and Anglican Bishops) -(Bukusu council of elders) -(Politicians-aspiring, incumbents and former MPs/councilors)

-Some work close with civil society organizations to engage the police in ensuring security and the county government in ensuring responsiveness. -The Bukusu council of elders for instance spearheaded the development and signing of the Mabanga accord

-Lack of wide involvement on community and county issues-lack of visibility; -Lack of funds and diversification; -politicization of the annual events scaring away the business community; -poor participation by both business and professional communities in nonprofit ventures; -Professional associations are poorly organized and are faced by internal feuds. -They act as influential individuals although support for their action is always adhoc/seasonal. -These leaders are highly susceptible to promoting interests that may not entirely represent the position of the public.

-Difficulties by organizations to solicit more funding may kill these organizations may caput healthy peace and security initiatives intended to address potential areas of community conflict; -Lack of prompt and informed humanitarian and crisis response leading to more life loss in the event of unexpected crisis in the county; -Bungoma cultural festival just like any other peacebuilding initiative isnt well known and its background and place for county cohesion isnt equally appreciated even though it provides a great platform for communities to share and appreciate differences and diversities.

-Their seasonal and reactive nature largely helps to reduce the intensity of an ongoing problem although they rarely preempt these problems in advance.

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Existing Initiatives addressing conflict and security in Bungoma County

43. There are quite a number of initiatives that have been introduced prior to the killings and after the killings to help: strengthen community policing and security efforts; promote reintegration efforts; and enhance peacebuilding amongst members of the different ethnic communities, former militias and security organs. However, it is imperative to note that before the strange killings in the county, much of the existing peace, conflict and security interventions by the civil society organizations where heavily endeared towards the Mt. Elgon region. 44. This section is meant to highlight a few of these initiatives-which we thought are requisitewith a view of providing a feeling of how things generally appear on the ground and the gaps that manifests. a) Early warning Early response (EWER unit)16 45. One of the major hiccups that hindered proactive information feed to relevant government authorities and well as to the civil society organizations was the lack of information communication-informed data and intelligence collection- particularly from trusted sources. Essentially from our exercise, it was revealed that the security forces were caught unaware in relations to the killings that left at least 8 dead. In response to this and immediately after the killings, Free Pentecostal fellowship in Kenya (FPFK) a faith based organization based in Kitale, after consultation with district peace committees mounted an early warning early response system in Kitale earlier this year to help in information collection, analysis and relying. However, there isnt much literature in the public relating to this initiative. The FPFK project in synopsis intends to target the entire County of Bungoma especially in hotspots, although the hub is technically situated in a different county (Trans Nzoia County) for reasons known best to the implementers. Even though the project appears noble in helping to collect information for early action, there yet exists the need to study it closely, how it functions, its structures, relevance and make recommendation on how the same can be strengthened and work in tandem with National and regional early warning early response units/systems. b) Local Community security project and humanitarian assistance efforts 46. Catholic Justice and Peace Commission (CJPC), has been involved in the local community security project in partnership with Safeworld17. This project is implemented in Mt. Elgon and other areas within the county. The project essentially helps to provide skills and knowledge to community members with the view of upholding relevancy to the rule of law in light of increasing mob injustice and criminal gangs incidences. ACT Kenya is also implementing similar initiatives in Mt. Elgon under the auspices of the Kenya community support centre where policing committees are established between the police and
16 See the EWER localized system at FPFKs website: www.fpfk.org. 17 Saferworlds community security approach is about helping to make sustainable improvements to peoples experiences of safety and security.More information can be found at www.saferworld.org.uk.

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community members to address insecurity issues. Its noteworthy that an integrated disarmament, demobilization and reintegration intervention is highly lacking in the county despite the flaccidity of small arms which residents claim were not completely recovered from the Sabaot land defense force (SLDF), while the Kabuchai defense force-a vigilante outfit- is said to be re-mobilizing itself to provide security to the people as a result of the perceived failure by the police service. One of the mandates of CJPC is to assist in responding to humanitarian crisis. CJPC-Bungoma has responded in Mt. Elgon providing humanitarian assistance in terms of food and clothes to the victims of SLDF and recently responded to the wave of killings that engulfed the county. CJPC is also a member of the infantile County peace and security working group that is made up of both state and non state actors with a view of continuously and consistently sharing information on conflict and security within the entire county. Action Aid is carrying out a local rights programme in Cheptais -Mt. Elgon18. c) People to people reconciliation, counseling and reducing police brutality projects 47. The people to people project is implemented by the Teso Peace Human Rights and Development Initiative (TEPEHURDI) a community based organization situated in Teso. The project aims to bring together members of the Sabaot community with the other communities in Mt Elgon, and to contribute towards the healing and reconciliation process, following the aftermath of the conflict between the Sabaot Land Defense Force and Mt Elgon residents. TEPEHURDI also implementing a project designed to reduce the level of brutality among the local police force and promote greater citizen control in Amagoro suburban in Teso North District. The project is targets the existing Police Station, Police Post, GSU Camp and several AP Camps for a series of engagements (dialogues and community cleaning processes)19. Note: TEPEHURDI as a local organization present a perfect example of a dedicated group of peacebuilders and human right promoters who have taken up with conviction, the role of strengthening peace and security amidst huge existing financial and administrative constraints the organization is facing. This is one organization that is widely acknowledged, respected by residents living in Bungoma and can form a model organizations for other smaller local organizations.

48. MATESO has been on the ground, documenting the incidents and collecting evidence and testimonies. The organization has been counseling and contributing to the psychosocial healing of the victims of the recent gang killings. The organization is also planning for counseling, not only in the affected villages, but also in the schools, because some of the children are still traumatized.

18 See the program at www.actionaid.org/kenya. 19 Over the years TEPEHURDI has been supported, encouraged and empowered by a number of organizations and individuals. http://tepehurdi.wordpress.com.

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Conclusion
49. This report concludes that the ongoing investigation and subsequent revelation of the individuals and groups behind the Bungoma killings may not be out soon due to various interplaying factors as delineated within. What comes out clearly however, is that there are a lot of institutional gaps, challenges as well as opportunities (local capacities for peace) that havent been utilized by State and non-state actors extensively to strengthen security, peace and development within Bungoma County. The County is specifically faced with several huge security challenges around hotspot areas. The election petitions hearings may tilt the dynamics of the violence; mob injustice/justice may indicate huge underlying discontent by the people in view of the state of justice and security within the county; while pouches of lawlessness may be structurally promoted by other factors like poverty, ignorance, sheer gangterism, ethno-politics, natural resource disputes and unresolved historical injustice just to mention but a few. All in all, it is the residents of Bungoma who will bear the ultimate consequences. 50. The security organs have been caught up surprisedly unable to explain to the public the actual causes and sources of the violence let alone having intelligence or information that can be relied upon. Although transfers and redeployments have started to be effected in the police service, their relationship with the residents continues to precipitate. Yes, identifying causes of violence is critical if an informed intervention is to be provided and security improved, but the police service cannot be successful in this if the public fears engaging with them or questions their competency to conceal sensitive information provided for public good. Bungoma County needs a multidimensional assistance in strengthening her security which is a factor that will influence investment and development. The County additionally will need to improve its objectivity with regards to genuine development whereby the budget making process involve the people, reflects value for money and prioritizes trajectories for poverty alleviation and attempts to bridge social disharmonies. However, all interventions being pursued and to be pursued must be carefully scaled into short term, midterm and long term assistance bearing in mind unequivocally, the overall interest of the local people.

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Recommendations
The following were the general recommendations suggested: a) The government and civil society organizations must ensure the provision of Trauma Healing and psychosocial support to victims and family of the victims of the killings as a first step towards reconciliation and mitigation of future conflict. Currently, this initiative hasnt been pursued despite the huge number of victims documented. NGOs within the humanitarian and health sectors should identify through a conflict sensitive approach, victims and offer complementary free counseling among other services; b) Cooperation and partnership between state security agents and non-state actors should be encouraged. Platforms created to collect, document and share information for purposes of informing evidence based advocacy should be strengthen through the partnership; c) Joint research studies on conspicuous cases and points crucial in providing new insights for collaborative action within the realms of peace, security, justice and democratic governance should be encouraged amongst non-state actors (Local and International organizations) and research institutions including universities with local presence. Additionally, comparative studies should be explored to provide practical insights and opportunities to efforts that attempts to correlate two different thematic i.e. social audits good institutional and budgetary governance vis--vis the status of water, sanitation and Hygiene in the county et cetera; d) The central government should, through the county commissioners office provide consultative lead in the implementation of security and conflict reports in areas of concern within the county; a structured peace and security architecture is necessary; e) There is a glaring need by the police to speedily open up wide their investigation on the connection between the upcoming election petition hearings and the recent killings. This will help to know if the killings were politically motivated or otherwise and subsequently inform the next chapter of civic and security engagements. To date, there are victims whose statements have not been recorded; f) There is need for capacity building to inform all rounded conflict management and dispute resolution skills among other thematic knowledge and skills for timely dispute resolution/settlement. The capacity buildings should target the community elders, leaders, women, civil society organization, police and the county government and the framework of this should be spearheaded by International organizations, central government and research institutions/think tanks interested in working in the county; g) Protection of whistle blowers by the government through the witness protection program is essentially weak. There is need to engage and strengthen the witness protection units and the police service to ensure where necessary information gathering and relaying is protected and confidentiality of sensitive but useful information regarded; h) The devolution concept is not well understood by the people of Bungoma County. As a matter of fact, the residents are largely ignorant/unaware of the functions of the county
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government, their rights in terms of service delivery and responsibilities in providing citizen oversight in the development of the county; i) Conflict sensitive approaches/policies need to be explored and in cooperated in local public institution, and in schools. This can be through in house regulations/policies developed for industries and county public service. Moreover, peace clubs and peace supplements can be introduced in secondary schools and colleges to promote the virtue. This can be tested through pilot projects by local and National organizations for purposes of drawing up lessons; j) Bungoma cultural festival is monumental in promoting cohesion and therefore the need of the festival to be supported by both the county government and civil society organizations among other actors; k) There is need for more peace campaigns using the media and peace incentives-awards-to peacemakers at the village level for purposes of bolstering morale. This is a critical component that the county government of Bungoma and other willing actors should incorporate in their programs l) Regular/consistent training capacity for peace structures, committees and rapid response teams should been courage and taken over by civil societies organizations, humanitarian organizations and other actors across the county;

m) Establishment of a rapid response team and rapid response fund pool that can be managed through a well-developed framework of cooperation. This is one way of making funding more predictive and assign of serious commitment by the actors. It is also one way of dismantling conflict traps. n) Need for infrastructural development in hotspot areas, where possible motorbikes are advised for usage by the police service because they are good in maneuvering in places inaccessible to motor vehicles; o) Support for community policing strengthening where the structures, objectives can be contextualized to align with the county strategic plan. A tailored policy document on county security and conflict should also be developed through public participation to include the concept of participatory community policing concept; p) There is need to map out peace and security civil society organizations in the county and develop, where necessary strengthen frameworks of engagement and coordination. This will equally enhance Inter-agency cooperation while providing SWOT analysis. SWOT is an imperative aspect of inter-agency cooperation as it indicates the genuine capacity position of the partners; q) Joint campaigns by the community policing agents, judiciary, CSOs, the police force et cetera are important at this point in time for the county if public confidence is to be invigorated; r) Local and international organizations (both peacebuilding and livelihood/empowerment) needs to individually and jointly pursue alternative to violence empowerment programs among the youth and women to help promote self-employment and sustainability;
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s) There is need to monitor and develop publication reviews on existing peace accords like the Mabanga accord with a view of strengthening the position of agreements in the realms of peace and conflict; t) Donor support needs to take cognizance of hotspots or initiatives that attempts to address sources of conflict around the hotspots in order to avoid conflict traps; u) Need to embrace the council of elders and use them as positive influencers revamping the alternative traditional dispute resolution mechanisms of solving disputes. This method is also encouraged by the judiciary arm of the government and is additionally cheap.

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Annexes
Annex 1; Pictorials of some of the photos of the victims of the April 2013 Killings in
Bungoma

Photos courtesy of MATESO-Mwatikho torture survivors organization-Bungoma

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Annex 2;

FGD Questionnaire-Bungoma Rapid Conflict and Security Analysis 19 -20

th

th

June 2013 A number of tools were used to gather the requisite information. The conflict analysis undertaken is designed to provide the following themes: Theme 1: Types and Root Causes of Conflicts Identify conflict and security issues 1. What are the major conflicts common in this area {community, Devolution}? For each type of conflict identified, probe to get the causes. a. Has Devolution been a factor? b. What are other conflict risks represented by devolution at the county level? 2. Who in your opinion is responsible for starting such conflicts? {Probe for reasons} Theme 11: Trends and results of conflicts in Bungoma County 1. In your view, where do conflicts start and how do they spread out to other areas? {Probe to identify the general trend} 2. How do these cases of conflicts affect wellbeing of people {men, women, and children} in Bungoma County? identify gender dynamics of conflict and security 3. What are some of the results of conflicts in this area? {Probe to identify results in terms of negative consequences. Recent trends General elections a. Representation and inclusion of all stakeholders i. Have relevant stakeholders been especially community members (policing structures) been involved in the existing governance /security structures; do communities have confidence in community policing structures and where they involved in the selection of members? b. What is the nature of the peace and and security structure in the context of the newly devolved system of governance. i. Is the county government responsive to the security needs of the population to alleviate tensions based on social exclusion, polarisation and regional disparities that are often source of conflicts and insecurities? Theme 111: Key Stakeholders & Players: issues of concern and reasons for involvement Map out the available local capacities for peace 1. Identify the key stakeholders and players in conflict and security situation in Bungoma County {Probe to identify reasons for their involvement recommend actors that Saferworld needs to engage in intervening in the conflict/ security in the county} a. The peace committees b. County and community policing structures c. The police d. The county government e. Religious leaders 2. What issues of concern did these stakeholders and players raise?
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Theme IV: Peace and Security Initiatives Undertaken by various institutions in the area To make recommendations on people to people approaches that can be employed to mitigate and address the existing conflict in the county 1. Which Institutions have been involved in peace Initiatives in this area {Probe to identify issues addressed by the institution}? 2. What can residents do to prevent conflicts {Probe to identify which residents; men, women or children} 3. What are some of the peace negotiation process, which have worked well for the community? a. Identify gaps and propose/ recommend potential local capacities for peace for action Theme V: Community Oriented or Traditional Mechanism and suitable ways for humanitarian and long term preparedness and response to conflicts and insecurities Explore some intervention results following the recent insecurities and conflicts that affected Bungoma and western Kenya people 1. When conflicts / disagreement among members of this community happen, what mechanisms do you use to resolve it {Probe for traditional and modern, for mechanisms mentioned, ask the types of conflicts in which it is applicable}? Did this work recently? Why? 2. Which of the mechanisms identified were most effective? {Probe reasons} 3. Do you foresee any situations in this area that could generate more conflict in future? {a} If yes, what are the early warning signs? {b} What could be done to prevent the situation? 4. What could be done to strengthen the capacity of the community to resolve conflicts effectively?

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Annex 3. Conflict and security reports

A lot of work has been done in exploring the conflict and security situation in Bungoma. In our analysis, the following reference documents were reviewed to give a general feeling that in one way or the other connects to the current happenings the county: BBC Audio interviews. CRECO Baseline report on conflict mapping; Mwatikho Torture Survivors Organisation -Insecurity cases in Bungoma County April-May 2013 NSC National Conflict Analysis and Mapping; NSC- Unpublished report on Bungoma County; PEACENET, CRECO and RPP Rapid Assessment report Bungoma and Busia Counties; TJRC report 2013;

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Annex 4. Participants List of conflict and security analysis Workshop 20

NO NAME 01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 FREDRICK M. KERE CHARLES MASAI BETT K. MESHACK EMMANUEL WERE FRANCIS MAUYAW LENARD WEYOMBO ROSE K. CHEMUKU JMB. MUUCHI FLERIA M. MUKHULO FRIDAH N. OTUNGA DAVID MAKOKHA ISAYA W. KUTOYI COLLINS N. LUTTA LAZARUS PEPELA JACQUILINE K.WAMALWA EDWIN KILONG ALBINUS MUGA EDWIN ADOGA DANIEL KIPTUGEN ID/NO 2089609 20663203 27758964 13318048 0130 974 8406209 0133855 0824970 6092502 296535 1811277 7608799 24631810 22549545 10858801 13159118 4397032 25173270 1119657

TH

JUNE 2013

ORGANIZATION/ DISTRICT COMMUNITY B. POLICING DAPC OFFICE MWATIKHO (MATESO) MWATIKHO ( MATESO) COMMUNITY B. POLICING DPC- BUNGOMA DPC BUNGOMA SOUTH CHAIRMAN BUNGOMA WEST BUNGOMA SOUTH DPC BUNGOMA SOUTH DPC- BUMULA BUMULA CJPC- BUNGOMA PDA NSC CJPC COUNTY PM CJPC

Consultant Consultant

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