MEMORANDUM PRESENTED TO THE TRUTH, JUSTICE AND RECONCILIATION COMMISSION

KERICHO

Name: SOUTH RIFT DEVELOPMENT FORUM

[South Rift Development Forum (SRDF)is an umbrella organisation established in

August 2010 and brings together Kipsigis Council of Elders, Kipsigis Profession Group,

South Rift Churches and Youth and Women Groups as well the political leadership of the

region. SRDF promotes economic and social development in the region by facilitating

and coordinating initiatives of its members.]

Address: PO Box 1366-20200

KERICHO

TEL: 020 211 7766

EMAIL: info@kericho-county.org

Title: HISTORICAL LAND INJUSTICES

Date: 19 SEPTEMBER 2011

Submitted by: BILL RUTTO [Bill Rutto is an author and researcher specialising in social development]

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Table of Contents

EXECUTIVE SUMMARY .................................................................................................................... 2

1.1 Background ....................................................................................................................... 3

Chapter 2: SETTLEMENT PROGRAMMES ........................................................................................ 6

2.1 The Process ........................................................................................................................... 6

2.2 Selection of New Settlers ...................................................................................................... 6

Chapter 3: MATTERS OF CONCERN ................................................................................................. 8

3.1 Locations ............................................................................................................................... 8

3.2 Purpose of the Memorandum .............................................................................................. 9

3.3 Mandate of Truth, Justice and Reconciliation Commission (TJRC)....................................... 9

Chapter 4: METHODOLOGY .......................................................................................................... 10

4.1 Data Collection .................................................................................................................... 10

Chapter 5: PEOPLE’S GRIEVANCES ................................................................................................ 11

5.1 Types of Grievances ............................................................................................................ 11

5.2 Summary of Grievances ...................................................................................................... 11

5.3 Kipsigis Land Grievances (Verbatim Accounts) ................................................................... 16

5.4 Non-Kipsigis Land Grievances (Verbatim Accounts) ........................................................... 31

Chapter 6: TALAI PROBLEM .......................................................................................................... 32

6.1 Issues Raised ....................................................................................................................... 33

6.2 Compensation ..................................................................................................................... 33

6.3 Discrimination ..................................................................................................................... 33

6.4 Computation of compensation ........................................................................................... 34

6.5 Proposed Solution ............................................................................................................... 35

Chapter 7: MAU FOREST EVICTEES ........................................................................................... 39

Chapter 8: SUMMARY, CONCLUSION AND RECOMMENDATIONS ............................................... 41

APPENDIX: Maps .......................................................................................................................... 43

....................................................................................................................................................... 43

REFERENCES .................................................................................................................................. 44

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EXECUTIVE SUMMARY This presentation to the Truth, Justice and Reconciliation Commission (TJRC) is a summary of issues raised by residents of the South Rift Region. Their concerns (grievances) were collected through 15 community forums convened by the South Rift Development Forum (SRDF) over a period of two months in Kericho and Bomet Counties. The forums were held in the following locations: Chepchabas, Chebunyo, Bomet, Kapsaos, Kapsoit, Kipsitet, Kipkelion, Kunyak, Kericho Town, Jamji, Sotik, Litein, James Finlay, Sondu and Mogogosiek. The community forums enabled the resident of the region to participate in the TJRC proceedings, which we believe will contribute to the realisation of justice and peace in Kenya. The Issues raised by the people were many and varied. However, it was evident that the issues were of three broad categories, namely: historical land matters, the post-election violence (PEV) and personal issues of a general nature. It was also evident that Issues relating to land formed the largest component of the grievances expressed. This was followed by the PEV issues. Personal complaints were the least in number, but equally significant nonetheless. Consequently, we decided to articulate these issues in two parts i.e. (1) land related matters and (2) PEV related issues, which together with issues of personal nature, form the other part. This document is dedicated to the issues relating to land. The people’s grievances relating to land were collected and grouped in three parts. (1) A summary of people’s testimonies per community forum (2) verbatim accounts of the grievances of each complainant and (3) issues relating to minority groups. In this case, the minority groups are the Talai, non-Kipsigis ethnic groups and the Mau Evictees. The methodology used in the preparation of this document entailed the following: (a) the collection of complainants’ personal testimonies and (b) background research (published sources were consulted) to provide the necessary background and clarity to the historical land issues raised by the complainants. At the end of the document, we have added recommendations derived from the complainants’ suggestions regarding what they want the Commission to as the way forward, which we, consequently, ask this honourable Commission to adopt and adapt to form part its final recommendations. We trust we have been useful to the TJRC process, in that we encouraged and sensitised the residents of the South Rift region to participate fully in the process. Finally, we take this opportunity to pay tribute to the TJRC Commissioners, led by Tecla Namachanja, for their visit to the South Rift region and patiently listening to the residents’ grievances. Last, but by no means least, the Commission might find a sense of achievement in the fact that it is the first commission of inquiry to visit the South Rift region in post-colonial Kenya. The last commission of inquiry to visit the region was the Kenya Land Commission (Carer land Commission) in 1932, which sat in Kericho and Sotik towns to listen to people’s grievances regarding land rights.

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Chapter 1: INTRODUCTION “Land retains a focal point in Kenya’s history. It was the basis upon which the struggle for independence was waged.” ‒ The Ndung’u Report (2004).

1.1 Background The political history and governance of the Kenya has been influenced by land and its use since the advent of British colonial rule in Kenya. From 1895, when Kenya was declared a British Protectorate to its Colony and Protectorate status in 1920 to independence in 1963 and beyond, the country has grappled with the Land Question but has found no solution. This is because, as the National Land Policy (2007) explains, the “successive post-independence Governments have failed to address them in a holistic manner” (p. 37). In other words, land grievances were not, and have not, been accorded an honest and serious attention it deserves. Yet, land, which has “traditionally dictated the pulse of our nationhood (Ndung’u Report, 2004: xvii),” is key to every aspect of Kenya’s peaceful existence as a nation state. The origin of land problem in Kenya is the European settlement, which began in the early years of British rule in Kenya. The white settlement was effected through land policies and legislations that encouraged European immigrants to Kenya “to promote the economic the development of the country and make the railway [Uganda Railway] pay (Sorrenson, 1968: 44). The “legalisation” process began in 1901 when the East Africa (Lands) Order in Council was issued. This was followed by the Crown Lands Ordinance of 1902, 1915 and 1919. Huge chunks of African lands were declared “Crown land” and allotted to white settlers. By the end of 1915, 5,275,121 acres (see table1) had been alienated throughout the country (Sorrenson, 1968: 145). More land was alienated in subsequent years as more and more white settlers arrived in the country to occupy the territory known the White Highlands, which the colonial government had carved out for them (approximately 7 million acres when the alienation was completed).

The White Highlands covered the following administrative districts:

Trans Nzoia

Uasin Gishu

Ravine (part of Baringo)

Nakuru

Laikipia

North Nyeri

Nairobi

Kericho (including Bomet)

Kiambu

Murang’a (Fort Hall)

Machakos

Nandi

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1.2 African “Native Reserves” The establishment of African “reserves” released a considerable area of land for European use in the Highlands (Sorrenson, 1968: 219). The exercise started with the so-called Anglo-Maasai treaty of 1904 when the Maasai were removed from their lands along the railway between Naivasha and Nakuru. Subsequently, Africans in the above districts were forced out of their lands and squeezed into tiny portions of unproductive sections of their former lands. In Ukambani, Ulu and Kikubmuliu reserves were created in 1906 to pave the way for white settlement on, for example, the Mua Hills. The Kikuyu reserves boundaries were fixed in 1912 ‒ with the community having lost thousands of acres of land, for example, 100,000 acres of land in the Limuru area alone (Kiambu District Political Record Book, 1914). By October 1926, African reserve boundaries throughout the colony had been established by proclamation, and subsequently in the Native Lands Trust Ordinance of 1930. The Kipsigis “native reserve” was created in 1907. In the Sotik area, 130,000 acres of Kipsigis land was granted to Europeans to create the “Sotik Farms” (Kenya Land Commission, 1933: 302, 305). In the Londiani-Kipkelion area, 18 farms of 5,000 acres each were created for European settlement (L.O. 859 Londiani Allotment File). The alienation translated to 90,000 acres of land lost by the Kipsigis when they moved out of the area stretching from Tuluap Kipsigis Hill (their sacred hill) on the edge of Mau Forest (Mau Summit), to Muhoroni in 1911. This eviction was particularly noted during the Kenya Land Commission (Carter Land Commission) hearings in 1932 when the following elders testified (Kenya Land Commission, 1932: 2440, 2441):

Tirop Arap Maiga, Belgut: We lived from Londiani to beyond Kibulgen [tea estates]. Now farms have been given out and we are crowded in our reserve, and want unoccupied land for our cattle. When Mr. Ainsworth [DC] was here, our boundary was the railway to as far as Muhoroni. In Mr. Dobbs [DC] time, we were put on the south side of Nyando [River Kapchorian]. From Lumbwa [Kipkelion] railway station, we were moved across the Tugena. Kibirir Arap Chemwa, Buret: We have no land to graze our cattle: this land has been taken away from us. When Bwana Kibleldiondo (Probably Capt. Monckton, 1907) came and government burnt our lands and sent us away from around Ngoina, Manga, Miss-Miss, and we were sent to where we are now.

It should be noted that The Kenya Land Commission (1933) had been established to: “To determine the nature and extent of claims asserted by natives over land alienated to non-natives, and to make recommendations for adequate settlement of such claims, whether by legislation or otherwise” (p. 1). The Kipsigis lost approximately 25,000 acres of land to white settlement under soldier settlement scheme known as British East Disabled Officers’ Colony (BEADOC) in 1919 (Duder, 1980). The land was later allocated to tea companies, which still occupy it to this day. The companies include James Finlay (formerly African Highlands Produce Co Ltd) and Unilever Tea (formerly Brooke Bond). In the Muhoroni area, unspecified area of land was transferred to Kisumu district and the boundary between Kericho and Kisumu districts was altered from its

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original line that stretched to Chemelil (note the Kipsigis name) from Kipsitet was moved to Fort Ternan right inside the Kipsigis country (see map annexed).

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Chapter 2: SETTLEMENT PROGRAMMES 2.1 The Process Evidence collected for this presentation strongly suggests that the Kipsigis consider the post-colonial land re-settlement programmes the greatest source of historical injustices to them. The community failed to get back the land they had lost to white settlement under various settlement schemes established between 1961 and 1963 and implemented up to 1975. Under the Land Development and Settlement Board (LDSB) established in January 1961, 6,668 Africans were settled on 360,286 acres in 59 different settlement schemes by the end of May 1963 (Abrams, 1979). These schemes and others, collectively called the Million Acre Scheme, finally allocated 1.2 acres of land to 35,000 African families with funding from the “British government, the Colonial Development Fund and the World Bank to the tune of £ 7.5 million” (Ogot, 1995: 64). On 1 June 1963, the Central Land Board was created to continue the functions of the LDSB in order “assist in the orderly transfer of land from European to African ownership” (Abrams, 1979: 13). A body of trustees (comprising Ministers of Finance, Agriculture and Lands & Settlement) known as the Settlement Fund Trustees (SFT) was also set up at the same time to oversee the spending of settlement funds. All settlement funds were deposited into Agricultural Settlement Fund, with the Permanent Secretary of Lands and Settlement being the Administrative Officer controlling the funds through the Chief Accountant in the Department of Settlement. To ensure there was accountability and transparency in selecting African settlers on the European farms, a key safeguard was included in the process. New African settlers were to be selected “within the responsibility of the President in whose region the settlement scheme was established” (Abrams, 1979: 14). However, this safeguard was rendered useless when the Regional Constitution was quickly scrapped soon after independence by the government of President Jomo Kenyatta. The land resettlement programme was funded as follows (Abrams, 1979: 18):

Funding Agency Amount Ksh

United Kingdom government 541,297,000

West Germany government 24,360,440

International Bank of Reconstruction 35,125,720

Kenya government 208,606,140

Total 809,389,300

2.2 Selection of New Settlers The selection process and settlement of new settlers was done at “an incredible speed” (Abrams, 1979: 55). The monthly resettlement was done in great hurry so that an astonishing

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2,670 persons were settled in the month of January 1964 alone. The speed at which the process was implemented implies that there was no careful consideration accorded anyone other than persons already known to the administration. Indeed, in the case of “high density schemes,” qualification required to be allocated land was proof of four years of work at a farm being taken over. The names of labourers, irrespective of tribe, were listed and their families selected and quickly settled. It should be noted that the re-settlement process was conducted under the Minister for Lands and Settlement and the Executive Settlement Officer of the same ministry. The Minister was J. H. Angaine who hailed from the Mt Kenya region while the successive Executive Officers between 1965 and beyond 1975 were all Kikuyu (Abrams, 1979” 60). The Executive Officers were as shown in the table below: Table 1 Executive Officers of the Ministry of Lands and Settlement (1965-1975)

Name of Officer Period in Service

J. W. Maina 1 June 1965 to 31 Dec 1966

J. S. Mburu 1 Jan 1967 to 24 Dec 1971

J. R. Njenga 25 Dec 1971 to 31 Mar 1975

L. N. Mucemi 1 April 1975 to ‒

Table 2: Components of the Settlement Programme. Source: P. D. Abrams (Deputy Director of Settlement 1967 to 1972), Kenya’s Land Resettlement Story (1979).

No Type of Scheme Hectares Families Settled Farms Bought

80 High Density Scheme 308,321 27,690 687

32 Low Density Scheme 61,838 3,709 134

16 Co-op farms & ranches 75,784 4,206 -

- Assisted owners 26,253 133 133

- Compassionate case farms 43,026 138 138

- 100-acre Z plots 11,092 234 -

7 Sugar settlement schemes 20,507 2,525 -

7 Ol Kalou salient 52,758 2,501 80

35 Haraka scheme 56,582 15,052 35

- Nandi salient 6,872 - 20

- Kiplombe 5,032 - 1

2 Harambee schemes 6,529 431 4

93 Shirika or co-operative schemes 94,900 9,700 93

272 Schemes 769, 493 66,319 1,325

Note: the number of families settled up to 1975 were 66,319 in number on 1,325 large scale European farms totalling 769,493 hectares (i.e. 1,923,733 acres) at a cost of Ksh 809,389,300.

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Chapter 3: MATTERS OF CONCERN 3.1 Locations As stated above, the Kipsigis lost considerable amount of land in three main areas, namely; (1) Londiani-Kipkelion-Muhoroni (2) tea plantations and (3) Sotik farms. The Kipsigis, unlike other tribes that were affected by white settlement, lost more land. This fact was acknowledged by the Kericho District Commissioner, A. C. C. Swann, in 1946 thus: “certainly no tribe has lost more land than the unfortunate Kipsigis” (District Annual Report, 1946: 3). And, contrary to misguided notion, the Kikuyu did not lose much land in the alienation process as has been shown by John Middleton in his article, Kenya: Administration and Changes in African Life, 1912-45 in History of East Africa Vol. II: “Out of a total of almost 1,800 square miles, the actual amount of alienated land, Kikuyu land was only 109.5 square miles” (p. 340). Yet the post-colonial government of Kenya, as we have seen, hurriedly re-settled various communities without according the Kipsigis the attention they deserved. There is no evidence to suggest that the immediate post-colonial government consulted the Kipsigis about the fate of their land being vacated by Europeans. Yet there was evidence available to the government indicating that the Kipsigis had demanded the return of their lost lands before the Kenya Land Commission as far back as 1932. In the Sotik area, where European farms occupied former Kipsigis lands that stretched “ten miles beyond the Manga boundary” (Kenya Land Commission, 1933: 2409), more than 5,000 acres of land was never returned to the community during the re-settlement programme (see maps annexed). Instead, members of the Kisii community were settled on the land. In the Londiani-Kipkelion-Muhoroni area, the Kipsigis families who had been driven out of their land in 1911 to pave the way for white farms were never considered for re-settlement after independence. Instead, members of the Kikuyu, Kisii and Luo communities were settled there. In his book, Walking Through the Corridors of Service (2010), Simeon Nyachae who was Provincial Commissioner of Rift Valley Province gives an example of the unfair treat of the Kipsigis in the re-settlement process in the Kipkelion area. “The incident was created by Mr. Usher Jones, a settler who negotiated with a company owned by Kikuyus and Kisiis, called Nyagacho. Mr. Jones had not informed the Kipsigis that he was selling the land. Tension flared up and two groups [Kipsigis and Nyagacho] confronted one other. They [Kikuyu and Kisii] had moved on to the farm in large numbers within a very short time” (p. 71). Note the speed at which the new settlers moved in: it was consistent with other settlements as indicated above. In the tea plantation area, the multi-national companies still occupy the 25,000 acres of land allocated to them in 1919 despite many attempts by the original owners of the land to an audience with authorities. The ordinary Kipsigis people today do not have any details of leases granted the companies, what rent they pay is and who the shareholders of the multinationals are. Yet these are their ancestral lands which they have claimed since the 1920s when the community first asserted their rights over the land (Korir, 1978).

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3.2 Purpose of the Memorandum The purpose of this Memorandum is to communicate to the TJRC the Kipsigis people’s grievances in respect of their land, which was expropriated to European settlement and after independence failed to regain most of it. 3.3 Mandate of Truth, Justice and Reconciliation Commission (TJRC) The primary purpose of the Commission is to promote peace, justice, national unity, healing and reconciliation among the people of Kenya. This is part of the Agenda Item 4 of the National Dialogue and Reconciliation process agreed upon in 2008 in the aftermath of the post-election violence of 2007/8. TJRC is mandated to establish an accurate, complete and historical record of violations and abuses of human rights and economic rights inflicted on persons by the State, public institutions and holders of public office, both serving and retired, between 12 December 1963 and 28th February 2008. Section 5 (a)(i) of the Act further mandates the Commission to look into “antecedents, circumstances, factors and context of such violations” about which any citizen of Kenya has reason to complain about. We deliberately draw the attention of the Commission to this particular section because some of the issues we have raised in this memorandum are of an antecedent nature ‒ i.e. matters that took place prior to 12 December 1963. These are historical land issues that took place before independence, and which the independent government of Kenya failed to addressed in order to rectify and allow Kenyan people to live in harmony and peace as might have been expected.

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Chapter 4: METHODOLOGY 4.1 Data Collection Different methods were used to collect information for this write-up. Fifteen (15) Community forums were convened at key venues in Kericho and Bomet Counties where people presented their complaints/grievances for recording. The information collected was analysed and presented to a validation workshop held at the Kericho Tea Hotel in August 2011. More information was received during the validation process from organized groups such as the Kipsigis Council of Elders and the Talai and taken into account and forms part of final document. Finally, written sources were consulted to provide the necessary background to the various questions raised and discussed during the preparation process.

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Chapter 5: PEOPLE’S GRIEVANCES 5.1 Types of Grievances The evidence presented in this section had been collected directly from the people in a number of ways. (1) Community Forums were organized to collect testimonies from individuals between 15 July and 13 August 2011 in Kericho and Bomet Counties and (2) Reports from various groups were collected on specific cases of injustices. The people’s grievances, as it will noted, have been expressed largely in three broad areas, namely:

1. Historical Land Injustices 2. Post-election Violence of 2007/8 (e.g. extrajudicial killings by police, rape, discrimination

of IDPs on tribal basis, etc) 3. General grievances (grouped under “other”)

5.2 Summary of Grievances The table below summarises the information collected from 15 Community Forums and is presented in the table below, broken down into three categories as detailed.

Table 3: Information Collected from 15 Community Forums FORUM LAND PEV OTHER

CHEPCHABAS Displacement from their ancestral land by the multi-national tea companies

No compensation given for the forceful eviction from their land

Confiscation of part of their land, i.e. the communities paid for 7 acres but they were allocated 2.5 acres in 1975

Denial of rights to education for their children due to the inadequate educational facilities and sponsorship opportunities from the multi nationals.

Economical marginalization due to discrimination in employment opportunities in the tea estates.

Cheptebes killings, where people were buried alive with their livestock on forceful eviction.

KIPSIGIS COUNTY HALL (KERICHO TOWN)

Chelimo squatters land issue not resolved.

Boundary demarcation issue at Kipkelion.

Mau Forest evictees not resettled and no social facilities provided to them (health, education, etc).

A number of IDPs not compensated especially the Kipsigis community, and for the compensated ones complained not enough to sustain them.

Resettlement of the Talai community not done.

82 Air Force victim not given a fair trial in court and not been compensated for loss of earnings for false incarceration.

Disability funds are in the wrong hands thus the disabled are suffering in silence.

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SONDU Extra judicial killing of the two persons by the police. Fair trial and compensation required.

General compensation for IDPs discriminatory in the area.

Economic and social marginalisation (education, health services) of local community, hence incidents of cattle rustling.

CHEBUNYO

Investigation should be carried out to establish the claim that the police took sides during 2007/8 PEV in favour the Maasai and exposed the Kipsigis to serious danger.

Kipsigis-Maasai peace meetings should be arranged to resolve their perennial border conflicts. The Maasai should also be disarmed (the possess guns).

Economical marginalization of the local community should looked into and corrective measures taken. Poor infrastructure, lack of water, etc. denies the community their right to means of livelihoods.

Investigation should be carried out to establish arson (burning of ten houses) cattle theft in Emarti and compensation given to victims.

Security should be improved in the area to allow people enjoy their human rights.

BOMET Government officials confiscated land meant for IDP resettlement in Mau Forest

Victims of 82 Air Force have not been given a fair trial in court. Innocent victims should be compensated urgently..

Disabled persons are discriminated against by authorities and disability funds are misused.

Okiek community have been discriminated against and denied means of livelihood. Urgent measures should be taken to remedy the situation.

KIPSITET Mehta squatters have not been resettled despite many

Kipsigis IDPs have not been compensated just because they

Intervention to resolve Luo-Kipsigis border

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pleas from the group.

Boundary demarcation in Sondu area should be undertaken to resolve long-standing inter-tribal disputes.

Muhoroni-Chemlil border demarcation should be revisited and correction made. Land that originally belonged to Kericho County was transferred to Kisumu County without the consent of the locals.

do not live in camps but with relatives, yet it is acknowledged that the community suffered the PEV like any other community.

Extrajudicial killings of one person by the police during PEV should be investigated and culprits brought to justice and family compensated.

conflict should be put in place.

A 1995 murder case in Kileges are of a woman carrying her baby should be resolved urgently.

KUNYAK

Harassment and displacement from their land by the Kipsigis County Council.

Large number of landless residents in the area who require resettlement as in other places.

The PEV victims and the IDPs forgotten by the government. No compensation as promised.

Provincial Administration discouraging victims from demanding stolen property “lest they rekindle violence.”

AFC demanding loan repayments when all was lost during the PEV.

The youth grievances over economic marginalization and discrimination in the distribution of resources in the area.

LITEIN The Litein Traditional Women Dance Group denied land promised by government of President Jomo Kenyatta.

Squatters of Tinnet (Mau Forest) need to be resettled.

Ethnic conflict along Kipsigis-Kisii border needs proper intervention.

Land occupied by Litein Tea Factory and Litein Police station belonged to the Mangesoi family who have not been compensated.

Kipsigis IDPs not compensated due to discrimination.

Economic crime committed by KCC against farmers. Their milk payments were never paid the company. Supporting document can be availed.

SOTIK Private land (belonging to widows of one family) on Sotik Town/Rural border (Kabande) illegally acquired and declared school property. No action has been taken despite report to police and other authorities. .

1969 grabbing of Satian farm rendered original owners landless. Case requires investigation.

Land grabbed at Chebilat on which GSU camp is built (originally grabbed by former Kisii MP Hezron Manduku) needs to be returned to the right owners. .

Several cases of extra judicial killings by police during PEV not investigated. Families of victims demand justice and compensation.

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KIPKELION Talai community not property settled since being forcefully removed from Kericho Municipality after return from deportation in Gwassi in 1962. They are squatters on Shauri land.

Large tracts of land from where the Kipsigis were expelled to pave for white settlement were settled by outside communities after independence.

This fact is the cause of the perennial tension and violence between the Kipsigis and the tribes (Kikuyu and Kisii) that were settled on these lands by the government after independence. Consequently, many Kipsigis were rendered squatters in their own ancestral lands.

The Monastery farm should be sold to the indigenous squatters (Kipsigis) or establish an educational facility (e.g. institute) to benefit the community

Kipsigis IDPs affected by PEV in the area discriminated against. No compensation has been received as promised by the Government.

Provincial Administration obstructs victims from demanding their rights (including being denied to demand property held by their neighbours).

Extra judicial killings were carried out at Monastery farm by police on innocent residents, including a deaf person at Momoniat). His name was Vincent Kibet. The families of victims demand justice and compensation.

Talai community calls for properly structured reconciliation programme between them and the Kipsigis to end their isolation and ostracism.

There is need to be told the truth about the stolen votes that triggered the violence in whole but which has been blamed on Kalenjin people alone.

MOGOGOSIEK

Multinationals tea companies which acquired Kipsigis ancestral lands should extend corporate social responsibly resources to the local community (e.g. institutions of higher learning, scholarships ‒ especially to families who were directly displaced.

Kipsigis people were denied land they had contributed money to buy and instread given to the Kikuyu under Nakuru District Ex-Freedom Fighters Organization (NDEFO). They demand the money they had contributed by refunded to them.

Kipsigis IDPs have not been resettled nor compensated.

Chiefs who lost their homes to arsonists during the PEV have not been compensated.

KAPSAOS County Council of Kipsigis should be investigated for declaring land allocated to families under compulsory acquisition a road reserve

Extra judicial killings of innocent people in the areas during the PEV should be investigated and action taken to compensate the families of the deceased and

Claims that tea multinationals are polluting rivers, spraying people’s crops with harmful tea

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after many years.

Investigation should also be conducted to establish the whereabouts of a tea farm that documents indicate existed on the land at the time allocation.

Persons displace by Brooke Bond/Kenya Tea (now Unilever), African Highlands and Produce Co.(now James Finlay) and George Williamson Tea Co should be compensated for loss of estates have not been compensated.

Claims that there is a piece of land of approximately 41 acres belonging to 21 families illegally acquired by M/s Kaisugu Ltd in 2005 should be investigated and restitution carried out. The said land was allegedly sub-divided into three parcels of 10, 10 and 21 acres and allocated to certain “influential” individuals.

culprits brought to justice.

Kipsigis IDPs in the area have been ignored by the government. Action should be taken to correct the problem.

Investigation should be conducted to establish why the Waki Commission on PEV failed to visit the area during hearings yet the Commission had claimed Kericho had more serious incidents of PEV than Kisii where it went for its sittings. The community was thus denied the right to participate in the proceedings, which demonised the community as a result of biased testimonies of persons who had fled the area.

Previous commissions of inquiry, which also failed to visit the areas but received evidence about the area, should be similarly investigated.

Samuel Kivuiti, the former Chairman of ECK should be prosecuted for the inflammatory statements he made in the cause of vote tallying. These statements contributed to the violence the ensued after the Presidential poll was declared.

herbicides should be investigated and action taken to protect the communities from further harm.

JAMJI

IDPs (PEV 2007/8) living with relatives have been discriminated against by the government yet they also need resettlement and compensation.

Investigation should be carried out on police brutality against innocent the Kipsigis people for violence of 1992, 1997 and PEV of 2007/8. The community has been unjustifiably stereotyped as aggressors for many years.

Most workers were of the opinion that proper reconciliation modes be approached to facilitate peaceful coexistence and strengthen togetherness at work.

KAPSOIT

Cases of extrajudicial killings (including two innocent high school students) by police should be investigated, affected families compensated, and culprits

Commissions of inquiry, which failed to sit in Kericho without justification, should be investigated and

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brought to justice.

All rape cases by police during PEV should be investigated and culprits brought to justice and victims compensated.

apology extended to the residents who have been unrepresented, or unfairly misrepresented in the inquiries.

WORKSHOP (JAMES FINLAY)

Victims of arson (houses burnt) and looted property during PEV should be investigated and compensation given.

All rape cases reported during PEV should be investigated, culprits brought to justice and victims compensated.

Member of Kisii community call for the County Council of Kipsigis not to discriminate against them in employment.

5.3 Kipsigis Land Grievances (Verbatim Accounts) Mzee Arap Cheruiyot: In 1951 the white men came and took away our land, cows, donkeys, goats and even dogs. We were only given ½ an acre. My home area was Maramara. Bwana Deit [P.G. Tait] District Commissioner, Kericho arrested many of us in 1951. I was one of those arrested. We took up legal representation. Most of my co-accused like Arap Borowa and Arap Chemonen are dead. Each had a claim over the land. Some were jailed for one month, others three months. Arap Borowa was jailed for one year. On 28 February 1952, policemen came and forcefully pulled down our house and destroyed all our implements. Then in 1975, the white men gathered us from all over and brought us to Chepchabas. Christiopher Ngeno, 58: Before independence, the white settlers found our people scattered all over the present day tea estates. They turned them into squatters. They started by reducing the livestock and land. After independence, each estate rounded up its squatters and around 1970 to 1972, around Kshs. 560 was collected from each squatter to enable them be at Chepchabas. Some families were not able to raise the money. At that time, I was at Simotwet (present-day Changana) and I was in Form six (in 1975), we were told that people would be taken to Chepchabas. They promised our father seven acres of land. For us the sons, we were promised different places to settle on. I went back to school, but I returned, I found my family had moved. I spent the night at a relative’s house and the next day I started to trance the whereabouts of my family. The land were eventually given was only 2 ¼ acres per purchaser. Recently, James Finlay (the successors of African Highlands Produce Co which had acquired out land) advertised 1,500 acres of tea at Kshs 420 million on land that was our ancestral land. Because of these problems, were did not get sufficient education. Now there is population crisis among families here and poverty is endemic. The local community at Chepchabas is in deep pain. The proposed sale of our former lands is rekindling old pains and re-opening old wounds. And as if that is not enough, we a boundary issue with James Finlay; the company has encroached on the very little land we had acquired. This is unfair and is a case of gross injustice. Rebecca Sinei: I was born in the 1930s. I was living at Chepterege. I harvested only once. I then went to Kipkongit and there I also harvested only once and we were chased from there by the government. Prior to that, we used to feed well and we had a lot of livestock. We reared cows

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and goats and we ate well. Then from Kipkongit (Getumbe) we were displaced and all our livestock were taken away by the white settlers by force. Now our children do not go to school and we do not have anything to eat. We want our land back, we cannot accept to be sold. Rusi Tonui: I was born in Changana, also in the 1930s. We suffered under the white setters. Kibet Arap Birir: I was born in Cheptabes around 1923 and circumcised in 1938. Arap Taptugen was the chief at the time. The white men came in 1927 when “Kiptabot” *Capt. C. E. Ward+ was the District Commissioner at Kericho. We were misled by the settlers to thumb print documents; later we learnt that we were duped into accepting to be squatters on our land. The white settler, Mr Guz, who had employed me asked me one day why I was not married and I told him that I had no land on which to raise a family. He then decided to remove the squatters from his farm. Kiplang’at Arap Torongei: I really suffered. We were from Cheptabes until we were asked to pay for 7 acres per person. Each person was to pay Kshs 560/= It was not easy to get that kind of money at the time. We were not allowed to work on the tea plantations and we did odd jobs that earned us Kshs.35/= per month. We struggled and paid for almost five years. I used to work in Bomet. My complaint is that although I paid, I was told that my name was not on the register and yet I had receipts as proof of payment. However, I feared to take up the issue because I was intimidated. Philip Rugut, 51: I was born in Getumbe. Our old men were economically tortured. They did a lot of work with little or no compensation. Our cows were sold by force. We were denied the right to keep livestock. To date I feel colonized. We want our rights. We are economically tortured and pained. William Mosonik: Is there a government in Kenya? Our rights have been violated. The tea estates were built on our lands. We should be compensated with the equivalent in cash after proper valuation of the land and all that we lost over the years. In 1937, our displaced fathers were termed “resident labourers” on their own soil. In 1967, the white men started rounding us up as squatters. The whites misused me because they wanted labour, even at 16, a boy would be given a license so he could get a place to occupy, but from 1967, they stopped and started rounding us up. During the Kenyatta and Moi era, there were concerted efforts to cover up injustices. Sammy Cheruiyot: My grandfather was born in Chepkembe and died in Matuta.Many people were killed during the forceful evictions from Chepkembe. Bulldozers were used to pull down people’s homes while the owners and their livestock were killed. We were forcefully evicted from our ancestral land. Joseph Chumo: I was born in 1941 in Changana. We later moved to Chepkembe when the settlers wanted to plant tea. Later we were moved to Marinyin until the company asked us to pay for land at Chepchabas. This was after independence when the government declared that

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there should be no more squatters. Instead of the 7 acres we were promised each, we were given just 2 ¼ acres. We could not access the directors of the company because our fellow African managers refused use to see the white bosses. We want to be told where the Chepchabas squatters came from. We have failed to get justice through our own leaders even after independence. We have several Kipsigis Members of Parliament but I think they are all compromised. The land is from Timbolil to Kuruma. We should be paid compensation for loss the loss of our lands. Philip Koech: I was born in 1960 at Tulwet in Chetebes. The white settlers came and destroyed our huts and forcefully took us to Chepkosa a riparian area which was cold and hostile. I could not go to school because we were always on the move. Our maize was exposed to monkeys and a warthogs since our farm was near the forest and a river. We did not have enough food. We used to eat left overa from busaa brew (misigik). Our leaders such as Arap Tengecha came from far down in Kapkatet. For reconciliation, it must be accepted that were displaced and rendered homeless and landless. Rusi W/O Bii, 80: We have really suffered. I was moved from place to place. They took all our land and left us destitute. My father was stressed by white settlers until his death. All these vast lands where tea has been grown were ours. The white settlers came and threatened us and moved us and took away our land. The first tea plantation was at Saosa estate. After chasing us from our lands, the white settlers took away our livestock and when we were ready to work for them, they not give us jobs but gave them to the Kisiis and Luos. This is gross injustice committed against our people. Charles Arap Saina: In 1963, in the events leading up to Kenya’s independence some ethnic groups took the credit for the freedom that the country achieved. They took over our land. They only refer to the land in our area and never the land in their own locality. Our land was in the sugar cane growing zone – The Awasi area near Chemelil was our land but after independence, Taita Towett wrongfully ceded the land to the Luo in utter disregard of our rights. This also includes the Fort-Ternan area around Koru. Even the Kisii took our land. We are always intimidated and termed as tribalists when we seek the right to get our land back. The government alleges that one is free to live anywhere in Kenya but why it that as a Kalenjin I cannot live in Ahero? Since the Kapsoit area was considered a Hot Spot during the post-election violence, why didn’t the Waki commission sit in the area and find out why the area was so volatile. About the PEV, as we monitored the results on TV we realized there was a problem with the results that were coming in. The tallying process was not transparent and so due to the dispute between the two principals, their supporters at the grassroots started fighting against each other. The violence was perpetrated by the youth and as old people, we were victims, as we had to lie low for our own safety. Chiefs in the area were attacked due to perception that they had collaborated with the government in rigging the elections. Tanzania Arap Soi: It is alleged that before elections, our people ate dogs during an oath taking ceremony at Kenegut, which is not true. In our culture, we do not take oaths. It is a sin. The PEV began in Kisumu. It spread into Kericho because of the botched elections. We lost young people

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who are believed to have drowned in sewers. After the Ainamoi MP “Principal” was killed, violence broke out abruptly in many places in a very large scale. It was not planned as some people claim. Here at Kapsoit, there are about 30 ethnic groups. They co-exist peacefully. We believed the elections were rigged. That is what led to post election violence. I was also a victim of the violence. I tried to restrain the youth from breaking into homes but they threw stones at me. i have forgiven them. Before the white settlers same, all the land from chemasit , Awassi , Muhorobi Kileges, Fort Ternan was ours and we have told the people who live there that the land was ours. We want taxes from these areas to be paid to our county. William Arap Langat: At Kapsoit, the community abhors guns. About taking oaths, the last ceremony involving dogs was at Kipkelion and it was imposed upon by the white settlers. After independence, Mzee Kenyatta (President) and Mzee Nyachae (Settlement) brought their tribesmen into Rift valley. The reason we are always blamed is the cosmopolitan nature of the area and the yet those people who came did not seek to integrate with the locals. We also have many IDPs but they have been offered shelter by relatives since it is a taboo in our culture to allow one’s brother to live in a makeshift shelter.

Simon Kiptonui Bett : Before independence, the whites had established boundaries. After independence, the boundaries were done away with. Chemelil belonged to us, but now the Luos are settled there. Samuel Rop: I am very bitter because I was assaulted in January 2010. I reported the incident and the culprit was arrested and held at Sosiot police station where he was later released on cash bail.He was later charged at the Kericho law courts and although I testified against him, the examining doctor never attended court. The witnesses in the case also gave evidence. He was acquitted because the doctor who examined him failed to appear. I also want to add that the white settlers grabbed our land at Kabianga around 1940. David Cheruiyot: Many of the people in our tribe people were sacked starting from the year 1997. I was retrenched by the Cereals Board in 1998. There was insufficient reason for the retrenchment and this was a great injustice. I have been jobless for twelve years. We were later summoned verbally and given small payments. I had worked at NCPB for thirteen years. Many people were promoted without merit. This was not only in NCPB but also in other parastatals. Beatrice Cherono: I am a businesswoman at the Kapsoit market. The county council officials harass us a lot. They impose charges arbitrarily and they do not pay the market cleaners on time. They have not built market stalls for us and this is a violation of our rights. The youth around here are jobless. We do not have a ‘kazi kwa vijana’ program in this area.

Sharon Rono: My husband Hillary Rono was shot dead on 28/1/2008 when he was returning home on foot from a dispensary in Kapsoit. He was a businessman with a kiosk and a father of two. We reported the shooting to the police at the Kericho police station. The post mortem was done at Kericho Nursing Home. I was never received any form of compensation from the government.

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Japhet Arap Rop: On 31/12/2007, we were shot at while in Kericho town. I sustained an injury to my right. I was a taxi driver at the time. On that fateful day, as I was at the town Centre, near Tengecha Road when I saw police officers advancing towards us. I turned and started running toward a crowd of young people that was fleeing. The police shot us indiscriminately. A police officer then came toward me, stepped on me, and shot me. The bullet hit me on my right hand. A Good Samaritan later came and took me to hospital. The fleeing youth were not armed. The police officers were in groups with some were on foot and others in vehicles.

Vivian Chepchirchir Koech: On 31/12/07, my husband Kipyegon Geoffrey was shot from the back at Kericho. I have lost our family breadwinner.

Peter Korir Kapsisiywo: My brother Felix Kipng’etich Rotich was shot dead by the police. He was 20 years old and he died on the spot as the bullet shattered his head.

Raphael Kimetto: On 31/12/07, my wife sent our daughter aged sixteen (16) years to go to the posho mill to grind maize. The girl Jackline Cherono was shot on her right hand while walking by the police. I spent One Hundred and Twenty Eight Thousand shillings (128,000/=) to have her treated at Chemogonday hospital. Her right hand is now useless.

Joshua Keter: I am an employee at James Finlay. I am a member of the Talai clan who are internal refugees. My grandfather was forcefully taken to South Nyanza together with my father who was young at the time. Despite many promises to resettle us, the government has not come to our aid. We are in pain as a community. Even the few who were given land were settled at Maela in Naivasha, which is an arid area. For how long shall we suffer?

Joel Mitei: He said that Kapsaos residents feared airing their views in case they are considered traitors. He also said that 41 acres of public land was grabbed by Kaisugu LTD and divided into three portions and allocated to individuals. This land was meant for a primary school: Baraka Primary School. The former president grabbed a piece of land that belonged to a Kipsigiri resident of Ainamoi. Tea was planted in that land. The tea boundary of Ainamoi constituency was formerly at Kapkatungoi tea estate but has since been reduced. He also said that the money allocated by the Ministry of Gender does not reach the constituents who need it most. Wilson Kerio: In 1963, there was joy all over the country when we achieved our independence. He said that when the white settlers left Kenya a few rich people bought land from the white settlers but the majority of Kenyans who were poor are now squatters. He posed the question: are these people Kenyan citizens? He said that the squatters are literally squatting in the property since independence. He said that the White settlers who enjoyed the milk and honey of the land and left the people wallowing in poverty. He went on to say that, the distribution of wealth in this country was unfair and we should not continue to pay taxes to the government. He said that privatization has hurt our economy. Kenyans continue to suffer in poverty, disease

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and ignorance 53 years after independence. He asked if it were possible to launch a petition against the British colonial government for compensation. Paul Ngeny: Need to call elders of the warring communities of Luo, Kisii and Kalenjin to reconcile the communities.Need for the community to be cleansed following the post-election violence.Need for the community to ensure that the right persons are elected to leadership positions. Lost land in 1962 taken by brother, No love between me with my brother.Need for people to go and record statement.The Talaai Community has not been resettled.Mau evictees have no shelter and health facilities. Mr. Sigira Koech: Government was biased in the sale of white settlements and by bringing in people from other regions into Kericho County; they are the ones who sowed seeds of discord as this was done at the expense of the local community. In 1969 people were settled at Mutaragon, Kashin and Lelu at the expense of the local community and caused silent tensions which erupt during or prior to elections. Samuel Sang: Keptiungeny within AHP Kaproret- Land taken from us without compensation Advised the community to refrain from war as a way of resolving injustices committed against them. They should raise their concerns at the TJRC.

Koskei: Blamed the government for the post-election violence, saying that, it was the Government that divided the people by giving land to people who did not originally belong there. That houses belonging to the local community were also torched but they were not compensated. Those who lost property were registered but they have not received anything though the records are at the Kericho DC’s office.

Peter Koech: White settlers took land the where our people had settled but after they had left this land was given to people from other regions yet the colonial British Government had given money to buy and settle the people who had been displaced from those lands. The provincial administration was given orders to deal with land (resettlement) when they were supposed to act as land trustees e.g. Nyata farm and Kwa Rhonda Farms belonged to Kalenjin community. The provincial administration interfered and took part of the farm during the Kenyatta government and some of which was given to people from other regions. The post -election violence IDPs are being settled in Rift Valley from other areas: another injustice. Our people are victims of colonial occupation. During the Moi Era, the Kanu Chairman Kerich used to give orders for people to be issued with parcels of land. He is requesting TJRC to ensure justice prevails in the form of compensation.

Kimalel Chumo: Wants the boundaries where the Kipsigis lands were before the white settlers got here to be properly established e.g.the boundary of Fort Ternan- Muhoroni and Boundary at Manga to Ikonge need proper establishment. Need more (counties) at the level one. There is need for the Council of Elders to teach young people taboos of the community. The violence was started by the rigging of the elections in 2007.

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Arap Saina: Talked about the injustice that was meted on the Talai Clan. That the Talai were a Kalenjin community from Nandi and Kipsigis. The white government rounded up the Talai and deported them in 1934 to Gwassi with the aim of getting rid of them. By the time they came back in 1962 land subdivision had been done. They were told they will be resettled but were left as Squatters at the Kericho municipality. This has led to hatred and constant strife amongst them and other Kipsigis clans. It came to a point where they had to marry amongst themselves which is a taboo in the Kalenjin community. Want forgiveness and the reconciliation with the rest of the community. Samuel Tonui: He started with a word of ‘Pole’ to all those whose rights were violated. He posed a question as to whether the TJRC will prosecute all those who will reveal their misdeeds. He blamed the opinions polls for giving some impression of who will emerge as the winner of the elections coming 2012. This may cause violence again. He challenged those coming to the testify at the TJRC to do so with forgiveness in their hearts so that they could also be forgiven.

Peter Koech: The post-election violence victims come from the Kalenjin community. The police executed over 100 young people. The people who wanted to record statements were warned not to attempt to do so by the police.

Willy Mutai: The Mau evictions were based on environmental concerns. It was agreed that the people would be compensated. Some people were compensated. However, the evictions were done in a very inhuman way by the government as they burned and looted people’s property and caused a lot of suffering to women and children. Alice Chelangat Chumo: I was born at Chelimo 1961 and to date I am is still living as a squatter here. The municipal council promised to give us alternative pieces of land but up to now, nothing has been done about our plight. The IDPS in Kericho have not been assisted to date. Henry Peter Kitur: (Person with disability). Violence creates a unique challenge for people like us as we are unable to move around with ease and we suffer dearly. This is especially true for cases like people who are blind, deaf. They are unable to see or hear what is going on. We therefore ask for special consideration so that we may be allowed to vote separately. Sexual assault of the physically and mentally challenged is rampant, this occurred during the PEV, and as a result, many women conceived and got children. The Disabilities Act has not been adequate to protect our Human Rights. We really need peace and reconciliation and one of us should make a presentation to the TJRC.Ours is not about ethnicity. It is about the stigmatization of the physically challenged.

Philemon Koskei:The Belgut area is usually forgotten. The Electoral Commission of Kenya recruited us as Agents. We were 158 Agents in total. Only 80 were paid and the rest have not been paid. After the PEV, some elders were taken for training for peace building. They were to be paid but this has not been done yet.Many members of the Kipsigis did not get a chance to air their grievances due to selective criteria used in the statement taking process.

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Peter Ngeno:PEV began with a multiparty democracy. No civic education has been conducted to educate people. In 1992 when section 2A was introduced, this area was a KANU zone. We suffered greatly.On a Friday in 1992, the stock market was closed. The Government came, recorded statements from victims but to date there has been no compensation for lost lives or lost businesses. The local Administration is the main cause of all our problems. The chiefs allow residents to sell land to just about anybody. Many sell their pieces of land and this eventually results in violence due to the many tribes in one area. Why does the Administration allow this? Before the 2007 elections on a Sunday, I was at Sigowet. The police used excess force and three young boys were killed in an inhumane manner by the police. The police failed to play their part during the violence.

Henry Osoro: Many of us bought land within this community. Right now as victims of PEV, we are undergoing great suffering. Many are undernourished, squatters and are dying. We need equal treatment with other Internally Displaced Persons. Reconciliation is impossible before we are resettled. Our children’s rights have been trampled on. Philip Koech: Sondu is a place where many communities are settled. Personally, I am married to a Kisii. My daughter is married to a Kisii and my son to a Luo. What led to the PEV? In October 2007, Honorable Rutto and Honorable Magara went to disrupt a rally in South Mugirango. There, they were then beaten and their supporters became irate thus leading to a cycle of violence that was difficult to control. All the local communities were affected. Many of the problems we have are largely due to politics.

Christine Tabarno Barchilei: The 2007 PEV was abrupt and took me by suprise. I lost my child. I thought it was the Kisii’s who had killed my child but later I discovered it was the Government. The people who were compensated on 10/9/2009 are not the true victims. The Government has not helped us in any way. I want to know why my son was killed by this government. The Government that was supposed to help us turned against us when we needed them the most.

David Maewa Maritim: Right from 1963, the Government promoted inequality. There are landless people like the Ndorobo. We would rather be given enough money to buy land. The Government’s evaluation of the situation is not accurate. There should be special Refugee zones e.g market places where it will be easy to for them to access the aid that they need.

Michael Cheruiyot Rono: I was born in Sondu before 1963, and we have been at peace until we were disrupted by the “educated elites”. We had co-existed peacefully. In the past, the Government used to handle violence objectively but now the Government brings in the GSU to kill a specific community; in the case of the 2007 PEV, the Kipsigis. At Maemba, we were victims too. My house was burnt down but the Government officers were partial in the compensation process. We seek equal treatment. This area Is economically marginalized. There is no education, No Chief or Assistant Chief here in Sondu.we have no piped water, no medical services and no roads. Our area is not a tea-growing zone. We ask the government to ensure

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that services are brought closer to the people. We want a leader who is sympathetic to our plight. many Kalenjins suffered but they are afraid to say it. Joseph Koech: In 1992, water was piped into Chebunyo, Kaboson, but we only used it for one month. It was only until 2003 when we were able to access water through the CDF projects. In 1966, I was employed by the Youth Service. We were assured of employment after six months of training. But on completion of training, the Kikuyu’s who were the managing officers refused to give us jobs saying, ‘We ni Mlumbwa’. When Moi took over power, they hated us even more. They need to apologize to us for discrimination based on tribe. They must seek forgiveness. Joseph Rugutt: Nobody from the Waki Commission came to record statements from us yet they prepared a bad report about us. How do we get this resolved? Julius Kerich: With regard to economic injustices, KCC went under with our money because of mismanagement. We lost our livelihood. This was in 1996 and 1998 and we suffered great economic loss. Kaplesesoi farmers lost Kenyan shillings1.4 million. Manga, Kapkimoliwa, Matemaiywa, Kipkebe and Keroka areas belonged to us. I was born in Tinderet (now Manga) in 1943. In 1946, the colonial settlers came and forced us out of the land. Afterwards, instead of the land being given back to us, it was given to the Kisii. (At Matamaiywa, there is a pillar on which is inscribed “county of the Kipsigis”. Nyandusi (Nyachae’s father) was the Chief. The land was taken over by the Kisii when Simeon Nyachae was the Provision Commissioner. The bitterness arises from the fact that the land belonged to us.In 1961, Taita Towett requested us to give the Manga land to the Kisii. I was present when he made the request. Some of the displaced were forced to go to the Mau forest. The rest were forced to live in the harsh climate of Chebunyo (Chebalungu area). In our culture, it is a taboo to leave a brother suffering and without shelter so we always offer shelter i.e integrate IDPS.The Kisii, need to apologize to us.

Francis Kerich: I am an IDP from Tegamko. Our houses were burnt down in 1973. Tegamko is in the Mau. I am an Ogiek of the Dorobo. We used to live in the Mau and derive our livelihood there from. Following orders from Isaiah Mathenge (P.C), our livestock were taken away and our houses burnt and we were displaced and we became very bitter. I sought shelter from kinsmen at Chebunyo. In 1996, the Moi Government allocated Manche settlement scheme to some of us. I never got any portion of the land due to corruption. I did not have money for a bribe so other people who were well off got land. In 1996, the Ndungu Commission declared Manche a forest. In 1997, Nandi’s from Tindiret were given titles. Though we tried to settle with them, our homes were later burnt down by the Government. The Kikuyu often start the violence. Once violence has been sparked off, riots escalate due to long held resentment. This area has no tarmac road.We have constant disease and poverty due to lack of access to clean water.

William Tanui: There is no tarmac road in the entire Chebalungu location. It is alleged that Chebole-Laboitiet and the KCC-Kilgoris is tarmacked. This is not the case. I was born in Soba in Koru in 1946. In 1952, Kenyatta was arrested, and the settlers forced us out of our homes. We

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came to Chebalungu since the settlers had grabbed the Kipsigis land. They should give back our land. The proceeds from the Tea Estates should benefit the Kipsigis. Chemomul, Maramara and other Tea Estates are put up in land that was originally ours. We want to be compensated for this great loss. Chebunyo borders Transmara. There are Kipsigis in Transmara. In 1969, there was famine. The Kipsigis took their cows to river Ntulele for pasture and water. The Masai then took our cows and killed our men. In 1974, Mathenge descended on us at Emarti burnt Kipsigis houses and drove away Kipsigis cows and gave them to the Masai at thrown away prices.

Pastor Bartai arap Milgo:The Kipsigis-Masai boarder line is very volatile. When there is an incident of stock theft, even if it is a single cow, the Government unleashes too much force on the people. These are police, anti-stock theft and GSU.The GSU routinely commit atrocities, plundering our property and raping our women. Conversely, when the Masai steal our cows, we are told the law must be followed. We are not allowed to pursue the stolen cows and often, the cows are not recovered. This has become worse since Professor Saitoti became the Minister. The Masai lease land to us since we are short of arable land. During the harvest, the Masai intentionally cause trouble so that amidst such trouble, they harvest our produce, which is on their land. We are also bitter because of the eschewed settlement of the IDPS. We see one community being settled on land that the Government has bought. What happened to their land from which they were displaced? The land was not burnt! At Kamosiro in Chebalungu, some people were displaced. Eight (8) houses were burnt. At Gelegele, about Two hundred (200) houses were burnt. To date, they have not been compensated and they are back on their land and trying to reconstruct their lives. The Government cannot talk about reconciliation when it is practicing open discrimination. Also, why does the Government settle people on an area before engaging in dialogue with the people of the community? Every community has its poor, and the landless, and the Government is insensitive by such discriminatory settlements. People should be settled near their communities as much as possible.

Richard Rono:The Kipsigis have leased farmland Emariti. Before 1957, we were residents of Emariti. However, in 1957, we were displaced and move to Bomet. In 1983, I was among a group of people who bought land. I had 3 acres of land and I paid for it. We lived there for a short while but we were then driven away by the Masai thus losing our land. In1994, the Kenya Seed Company sold us fake seeds and our crops failed. The chemicals that we used in the Dips were also contaminated from 1994 to 1996 and our cows died. Caroline Chepkoech: The boundary issue: In 2008 through to 2009, some cows from the Masai land were stolen. The police went through Abosi and Gatunga shooting people. Many were injured including our mother. Some people died and our cows were taken away. The masai also have guns and the Government has never disapproved of them. The Government discriminated against the Kipsigis. The Masai therefore take advantage and formulate trouble all the time to avoid payment of the cows that they take away. I have a child who died and to date is still at the mortuary because I am unable to raise the fee need to get his body.

Chelule arap Rorony : I was born in Taiya in 1935. In 1941, the Masai displaced us and we came to live at Emarti.The Tugens came later. Lolgaria-Olulunga was also our land. The land at

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Motianik was brought by the settlers in 1937. In June 1957, the Tugens were settled in Emarti by the white settlers. They found us here. This is our home and if anyone is to go, it should not be us. Francis Kimuriet: In the 50’s, many Kipsigis people were living in what is now present day Kisii land. Some people were displaced and they have no land to date. John Chelule: Olesakwana: Adjudication Section. Many people bought land and settled there. When titles were issued, they were issued to others who had not settled there. This needs to be resolved immediately. It is a ticking time bomb.

William Koros: I am an Ogiek. Our community has suffered alienation and marginalization through all the regimes that have come into power. Various memorandums have been presented with respect to this. Richard Arap Cheboin: In 2004, an Act of Tax exemption was passed but it had so many pre-conditions that it negates the spirit of the Act. The TJRC has not referred to persons with disabilities and we feel marginalized. In the institutions of learning in Kenya, the buildings are not put up with consideration for the special needs of the people with disabilities. In CDF allocations, bursaries are hardly given to people with disabilities. People with disabilities lack representation. They face many challenges while learning, why should they not be given extra consideration? Rosemary Borowa: I am from the Mau. I am an IDP. I live in a tent. There are many challenges especially for those with infants. There are IDPS in two categories-the PEV IDPS and the Mau evictee IDPS? The government should not treat the two groups differently. David Chepkwony: In 2007, our houses were razed to the ground in due to PEV. If it were not that we had a place to go, we would be living in tents. People came to investigate but to date; we have not received any assistance. We are not able to pay school fees for our children and we are homeless. I am living with relative. I am from Saoset, Location in Longisa. I live in a makeshift structure. Kiprono Tuei Barngetuny: The greatest injustice done to us was in 1905, the colonialists came, killed our people, burnt houses and even children and chased our people to Kabiyet. Some went to Congo, Sudan, Tanzania, Narok and Laikipia. My grandfather came back and was employed by the whites. In 1954, the whites drove away our cows. In 1963, our people in Koru were forcefully displaced. Bulldozers were used to destroy their homes. In 1992, the GSU went on the rampage killng people when violence arose between the Luos and Kalenjins. Timbilil Primary School has been made a dumping ground for teachers who have disciplinary issues and hence the school is not performing as it should. Robert Rutto: I am a youth representative. The youth suffer from lack of equal distribution of resources. Youths from this area are marginalized during recruitment for job opportunities.

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Now that we are part of the County, we fear that the marginalization will be worse because of the level of education here. Youths from faraway places come here to take their identity cards so they can get jobs. We need affirmative action. I also implore the people of this area to help one another in time of need. Intermarriages will also help eradicate tribal animosity. Henry Chumo: We were constantly harassed by the Government during the election period. I was in my house at around 8.00 a.m when the violence broke out and I was beaten up by the police. I sustained injuries and to date, I have side effects from the beating. We are children of God. Why do we fight? The Government ought to come to the grassroots and find out the problem. Willis Kipngetich Rutto: I used to live in Koru. I got married in Nyanza and my last-born was born there. I had a homestead of thirty-two (32) members. In 1992, I suffered violence due to multiparty politics. I lost all my property and some members of my family. I came to the Rift Valley and bought land in 1993 but it had no title deed. It has been a problem after a problem. We have suffered a great loss. Let us come together and live in peace. I was never compensated for my loss. Michael Laboso: I came here in 1994. Here we are told there are two different types of people who live here: “visitors” and “residents”. There is marginalization and discrimination. Even at the Urafiki factory, I cannot get a job because this is a Kikuyu factory. David Chelule: I am forty-nine (49) years old. My father is seventy-two (72) years but to date, my father is a squatter. What kind of independence is this? There are several squatters here. Marindeny is over Ninety years old and yet he is a squatter. For how long will this continue? The reason for violence is the squatters who demand justice. Kibyebei Ngeno: I relocated here recently. This was our ancestral land but my parents were displaced by the settlers. We were reduced to poverty. After independence, the Kenyatta Government came into power but did not return our land to us. IUILI used to live in Legetet. In 1992, we were displaced from Legetet. We went to stay with relatives. To date we have no place to call home. Cllr ‘Big Five’: My ward is a borderline running from Monire to Gelegele. For two (2) months, residents of the area did not sleep nor till their land. Many people were killed. They were promised some compensation but to date, no aid is forthcoming. The Government security was not fair or enough. They watched as we were butchered by the other side. Even the GSU camp that is there is not taking care of peace. Right now there is tension at the boundary. In 1969, our farm known as ‘Satian’ was given away. The Satian farm is next to the Kaitet settlement scheme. The Government took over Satian, which shareholders had paid for, (at the time it was known as Kalyasoi). The original shareholders of Satian were taken to Kaitet and as a result, some people were displaced. The Government also took some individual’s land forcefully without compensation only to allocate the same to some individual’s at a latter date.

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Chief Kaplong Location: At the height of the PEV, I suffered greatly. I could not sleep in our home for a period of one week. I slept in the bushes. I took my personal effects out of my house for hiding. The burning started at Kapletundo. Personal effects were stolen. I was forced to give away one cow and kshs. 5,000/= as an appeasement. I did this through my brother. I was less affected compared to the other chiefs. Some lost vehicles, tractors, permanent houses and personal effects. We were not compensated by the Government. I also wish to state that all businessmen suffered great losses. The culprits were not only targeting other communities but they looted indiscriminately. My grandfather Arap Sonoiya used live on the other side of the border. They were not aggressors. The other community would come down and provoke us. The Kipsigis did not provoke violence.

CLLR Kitur: Casualties were very many particularly those who suffered from gunshot wounds yet the roads to the hospitals were closed. It was a struggle to get them open. Some businessmen lost their businesses. Yet they were not compensated. We took several casualties to Kaplong hospital where the Government had promised to settle the hospital bill which had reached Kenya shillings three hundred thousand (300,000/=) but this was never done. A few farmers from one community were compensated.

Rachel w/o Jonas Keter: I have really suffered but God has been so gracious. There is an underlying problem between the Kisii and us. My land was grabbed by Hezron Manduku. He had all along wanted the land but was defeated in court by my husband. In 2002, when my husband died, Manduku invaded our land. After the PEV, he sold my land to the Government for use by the GSU. He sold the remaining portion to individuals who have put up high-rise buildings. I was paid kshs 10,000/= and 25,000/= and I was given iron sheets. I lost four shops and four residential houses at Chebilat in 2008. My husband had earlier sold Manduku a sixteen (16) acre piece of land. In 2008, we were attacked by security forces. My houses were targeted. My daughter’s house was burnt, but mine was not. John Kibet Bii: I was a civic candidate for the KENDA party in 2007. I am also a businessman in Sotik town. As I was campaigning, I faced no hostility though I was in another party. The voting process was forceful and I was a runner up. When the election results were announced, violence broke out abruptly. No one was called to violence. It was spontaneous. Every body from a different party other than ODM were ambushed and there property looted or burnt. At the time violence broke out, I was in Sotik. I was prevented from going home though I feared that my family would be in danger. I lost personal property at home and my business. At the end of the PEV, no one listened to us. The Waki Commission did not visit us to hear our side of the story though we were victims. To date we have not been invited to present our cases. As a Kipsigis, I wish to state that we were not aggressors. We only seek to be given back our land. In our culture, we do not accept the culture of IDPS. IDPS are integrated and given temporary shelter by relatives. We did not get compensation. As I speak, AFC has threatened to sell my land because of default of a loan. While I was at my business premises with my employees, bullets were shot into my compound. We really need reconciliation in Sotik.

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Jane Chepkoech Keter: The day when the Chebilat violence broke out because of the death of the Ainamoi Member of Parliament was 27/2/2008. I was at a P.T.A meeting at Cheptenye Boys. We came back home with great difficulty since the roads had been blocked. We reached Sotik and the matatu driver told us that he would not go through Chebilat because of the violence. On the way home, the police, who were in a truck, gave us a lift. The violence went on until the next day when my son Ronald Kipkoech then aged 18 years was shot with an arrow while he was outside our compound. They were trying together with relatives to protect their grandmother’s house from being burnt. The police were escorting Kisii aggressors to come and attack us. My son was treated as an in-patient for three days. One day, the police came driving a land drover into our compound. We were in our mother’s house. The O.C.P.D of Litein who was a Meru, got out of the vehicle and commanded us to kneel down. It was lunchtime and we were taking lunch. The police started spraying bullets indiscriminately. We were arrested and placed in custody for a day; my sister who has since died, my son, another worker and I. We were then taken to Kericho Law Courts. We found the Advocate Chelule who assisted us. We were each placed on bond of kshs. 10,000/= coming to 50,000/=. Chelule then gave us a lift because the police refused to take us back home. We were accused of taking part in an unlawful assembly. We kept on attending court until May 2009 when we were acquitted. Paul Kiget: Violence broke out after the disputed election results. At the heights of the campaigns, the chiefs were convened at Kapkatet Stadium, kept in an enclosed area and given money. People resented the chiefs from then on. At the height of the violence, the Government deployed police officers who were new to the area and took away local officers. The strangers came caused mayhem. The police officers at the border chased away the Kipsigis from their houses, and then the Kisii got the opportunity to burn the houses belonging to the Kipsigis. Our former District Commissioner Nakitare was in collusion with the O.C.S to ensure that we forced to keep quiet by being threathened. Mr. Nyachae (not sure) paid off a group called the ‘Chinkororo’ to come and beat us up. We need to reconcile. Philip Ketienya: The violence in 2007 was aimed at the Government. The D.C was new and he alleged that we had brought in Pokots, which was not true. We tried to call a peace meeting but the D.C refused to give us a chance. He ordered the police to shoot to kill. We do not want land but resources. Chebilat has a boundary at the tarmac. We want it to be consolidated to be within our administrative unit to make it easy for purposes of resolution of disputes. Right now Sotik is administered by outsiders. The D.C has been a Kisii all along. He resents us. Rose Samumkut: As one of 3 wives, we have a farm at Kabande in Sotik. There were many houses, which we used to rent out. At the outbreak of violence, we lost all the houses. They had been broken into and looted. I made the necessary reports to the police. We were later shocked to see some strangers planting trees on that plot. We inquired and established that a school committee from Sotik Primary School had planted cypress trees on the land. The land is ours. It is L.R NO.KERICHO/CHEMALEL/1899 in the name of JOSHUA Kimilge A. Samumkut: (0.60 hectares).The map and the title confirm that the land is ours. As widows, we have suffered injustices. Our brothers-in-law grabbed our husbands’ properties and wasted them. The case is still in court.

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John Kipsigei Kirui: When the election results were announced at around 6.00p.m, I was at Kaplong. The youth were upset with the results and began to fight amongst themselves. The D.C, Nakitare and police officers contributed to the violence. They mishandled the people. The D.C kept on threatening to shoot people even at public meetings. No one incited people to violence. Economic injustices as K.C.C went down with the farmers’ money. They delivered milk. Matayo arap Tiriyta: The violence is always brought about by politics. In 1982, there was violence after Mzee Moi had taken over. Both political divides contribute to the violence.Also, the other problem is land. Our land has been sold by brokers who pose as the original owners. Stanley Kiplangat Maritim: My business premises were razed down to the ground. The boundaries are not clear. Anyone who has no title deed is in danger from land grabbers. Kimase Secondary School is supposed to have been constructed but we cannot get funds because we do not have the title deed of the property. The County council is encouraging the grabbing of private property. Samwel Kiplangat Koskei:I had a shop at Mare. My shop was burnt down. At the time, I was in Sotik doing some shopping. On that day, there had been demonstrations by the Abagusii who were brandishing pangas. They are the ones who razed down property at Chebilat.

Wesley Rono:We wish to state that we are disappointed with the TJRC commission. Why were only five people sent to take our statements? Most of us did not get a chance to air our views and present our cases to the commission. It should be noted that at Roret, one person was killed by the police who shot indiscriminately into the air.In addition to that, the government was unfair in how it handled the compensation of those who lost their property. It would have been better for the government to compensate each IDP with a little money but on an equal basis than to pay huge sums of money to some IDPS and leave out others. Some of the IDPS are living in tents up to date. We also wish to state that we are very disappointed with commissions that are set up to look into some of the injustices that occurred during the P.E.V but are unable to deliver results that are fair and just. John Rotich: During P.E.V, we went through a very difficult period in our lives. We were attacked from the surrounding villages and because the estate is cosmopolitan, we were easy targets. The Kalenjins and Luos who lived in the estate were affected as well and were subject to attacks. The company assisted us, but to date, the government has not helped us at all. I am assuming the Kisiis who were attacked and taken to their homeland received assistance from the government. We all lost a lot of personal property. Sarah Kirui : I am a Kalenjin married to a Kisii. I lost my house, which was burnt down and I am a nursery school teacher. My husband was a civic candidate and he campaigned peacefully but on outbreak of violence, we became victims. I have not been paid the required kshs 12,000/= compensation by the company. Yet some Kalenjins whose houses were not burnt were paid. The government has never considered us for compensation.

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Elijah Tanui: My father worked with Unilever Company. He established a water mill near Tagabi (Monkey Sanctuary) and he lived there. He worked at the mill from 1946 until 1969 when the company took over ownership. We have asked for compensation on behalf of our father, but to date, nothing has been done about it. The company took over father’s entire land, planted tea and has now established the Monkey Sanctuary there. We need compensation for the loss of our fathers land. Stephen Soi: I categorically state that there is no ethnic discrimination here. I have been a supervisor here since May 2011. We have almost all the tribes here. We have constantly employed every qualified person without regard to ethnicity. It is not true that we discriminate or harass Kisiis. In fact, we use the ballot method of selection during employment of unskilled labor. No one has been turned away for reasons of his ethnic origin. I have tried my best to employ non-Kalenjins. We are an equal opportunity employer. 5.4 Non-Kipsigis Land Grievances (Verbatim Accounts) It was noted that the land grievances expressed by non-Kipsigis residents were those living in Kipkelion (Kunyak/Girimori) area which was once European farms. They alleged the “grabbing” of their land by individuals and by the County Council of Kipsigis. Dorcas Nyamoita: My shamba [plot of land] is Minihaha Plot No.1. I was refused to continue tilling it by the County Council of Kipsigis.

Stanley Mwangi Njuguna: Since we bought Urafiki farm in 1964. In 1966, there was an outbreak of violence from Urafiki to Nyagacho. Our land was grabbed. Somebody by the name Githere grabbed the title to the land. He also grabbed the Urafiki Primary School. To date he has not returned.

George Jared Odhiambo: I have a problem with land (Kapkoros Plot No. 190). In 1977, I was told that I had no shamba to claim, yet we were allocated the land in 1971. Despite the fact that the shamba was ours, it was taken back. In 1998, I was told the shamba belongs to Kapkoros Primary School. The chairman of the school told me so. I took an advocate who helped me to a limited extent. The Government wanted to seize my land by force. Later the case was taken to the Tribunal which took my land by force although my father died in 1985 and the land is in his name and succession is yet to be done. As I speak, the committee is undertaking construction there on my land. I was later arrested and charged with creating disturbance. My file got lost in Kericho court. I am troubled.

Francis Gakuru Njuguna: (Kapkoros, Urafiki Farm). Our chairman came and looked for land and we only settled here because we could not find any other land. We purchased the land from the County Council of Kipsigis. It was a settlement farm. Time and again, violence has broken out in our farm and all our houses and farm implements were burnt down. If the Government cannot guarantee peace, then it ought to move us to another peaceful land.

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Veronica Wamae: Every one of us bought land. We live in poverty; we cannot keep furniture because we fear another outbreak of violence. We see those who did not heed the call for ‘Operation Rudi Nyumbani’ being given more food, land and houses and yet they have land here.

Chapter 6: TALAI PROBLEM The problem of the Talai, also known as the Laibons (i.e. diviners), begins from their deportation, en masse, by the British colonial authorities in 1934 for leading resistance to colonial rule in the Kipsigis country. As a clan, the Talai played the religious role of divination and were, ipso facto, key advisers of the people and their traditional government and social institutions on a wide range of issues. By dint to this role, the Talai were inevitably set on a collision course with the British colonial authorities who, as colonisers, were on a mission to dismantle all Kipsigis traditional systems (social, economic, cultural and political), including the authority of the Talai. Being the vanguard of the community’s interests, the Talai, naturally, countered the British onslaught on the Kipsigis by spearheading resistance and circumventing colonial edicts and other forms of control. The unprecedented show of courage by the Talai in colonial-era Kenya, where most other communities submitted to colonial authority with no more than token resistance, led to an unprecedented and most draconian action by an offended colonial government. They chose to deport the Talai rather than seek a creative administrative strategy to “pacify” a group which colonial administrators considered recalcitrant or truculent in the extreme.

To facilitate a speedy removal of the entire Talai clan from amongst the Kipsigis, the colonial authorities enacted two ad hoc legislative instruments, namely, The Laibons Removal Ordinance, 1934, and a general one—The Special Districts (Administrative) Ordinance (No. XIII), 1934. The Talai Removal Ordinance provided for the “removal and settlement” of the Talai community, while the latter legislation guaranteed generally any displaced persons in the colony an award of compensation for loss suffered in the event and process of forced removal. The expulsion of the Talai began on 22 October 1934 and was completed on 30 June 19371 after a most heart-rending and cruel displacement of an innocent group of people in Kenya’s colonial history. A total of 698 members of the Talai clan were removed.

Although, obviously, the moral authority to deport the Talai did not exist, the implementation of the twin legislations, namely, The Laibons Removal Ordinance, 1934, and a general one—The Special Districts (Administrative) Ordinance (No. XIII), 1934, was callous and contravened, ironically, the very laws under which the deportation was to be undertaken. Nor did the British respect the provisions of the international laws of the time by which they were bound, notably Article 23 of the League of Nations Charter2, which commanded colonial authorities to accord colonised persons just treatment. As it turned out, the manner of the deportation exercise was

1 See Appendix 1

2 Article 23 (b) of the Charter stated, " Subject to and in accordance with the provisions of international

conventions existing or hereafter to be agreed upon, the Members of the League: [will] undertake to secure just treatment of the native inhabitants of territories under their control".

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most brutal and fell far short of the prima facie “humane” provisions of the laws that were supposed to guide the colonial administrators in carrying out the expulsions. While, indeed, the removal of the Talai was carried out under The Laibons Removal Ordinance, expeditiously and efficiently, the resettlement of the community in Gwassi as provided for under The Special Districts (Administrative) Ordinance (No. XIII), 1934, which required the government to ensure that any displaced persons in the colony were awarded just and adequate compensation for any loss suffered in the process of removal, this was never achieved because there was no such intention to do so in the first place. Consequently, the Talai were not effectively provided with land in Gwassi on which to settle and when they were removed and taken back to their old district of Kericho in 1962, the government, again, failed to resettle them. The implication of this unfortunate situation is that the Talai:

(1) lost all their land in the Kipsigis country in 1934; (2) were not resettled in Gwassi as provided for under The Laibons Removal Ordinance and The

Special Districts (Administrative) Ordinance; (3) were not resettled as promised (upon return to the Kipsigis country in 1962), nor were they

resettled subsequently by the free government of Kenya as might have been expected under the independent Kenya constitution and laws.

In sum, the Talai lost everything—i.e. all their land, wealth, cultural and social status. These values were replaced by abject indigence and a life in squatter camps, without resource to justice or civic representation that might otherwise provide a window of advocacy and restitution. This is the crux of the matter in the Talai problem. 6.1 Issues Raised The issues raised in this memorandum are linked to the dispossession (material and psychological) suffered by the Talai community and by extension by the Kipsigis, who as a result of the deportation of the Talai, were left bereft of their social, political and cultural heritage that had evolved over generations. Although it is empirically impossible to quantify the psychological and cultural losses the Talai have suffered, it is possible to compute the material losses suffered for the purpose of compensation or restitution.

6.2 Compensation It is the passionate desire of the Talai community to seek compensation for the losses they suffered in the past seven decades, both during their incarceration in 1934 and subsequently in post-colonial Kenya. It should be pointed out here, to illustrate the serious negligence of the successive post-colonial governments vis-à-vis the Talai, that government of Kenya embarked on a widespread settlement of landless persons (not necessarily disposed by colonialists) but failed to give due attention to the Talai problem. 6.3 Discrimination The side-lining of the Talai continued despite various pleas by leading members of the Talai community for re-settlement after their return in 1962. A letter addressed to the Regional Government Agent (British colonial representative in the transition period to Kenya's

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Independence) by Mr. Elijah Kebenei on 13 November 1963, illustrates this unsupported effort for re-settlement. Instead of dealing the issues raised by Mr Kebenei, the Regional Agent referred matter to the President of the Rift Valley Region, D. T. Arap Moi, in a letter dated 18 November 1963 (KNA;DC/HB/2/1). Mr Moi on his part referred the matter to the Kipsigis County Council—and to this date the matter has been referred back and forth from one government office to another without any success.

It is worth pointing out that various programmes to settle landless Kenyans, including the Million Acre Scheme in which 1.2 million acres of land were distributed to 66,000 Kenyan families, the Talai were completely sidelined during allocation and implementation processes that began in November 1960 and ended as recently as May 1976.3 The scheme was funded by the British government, the Colonial Development Fund and the World Bank to the tune of £ 7.5 million4 and was intended to be an equal opportunity government programme to alleviate landlessness in Kenya in the immediate post-colonial period. Yet, the Talai, having been adversely affected by the colonial dispossession, losing thousands of acres of their land, were, like the larger Kipsigis community that also suffered immense land losses resulting from the creation of the so-called White Highlands, were ignored.

The more recent challenges faced by the Talai include an abortive intervention by the Minister for Lands and Settlement to provide settlement for the landless in the Kipsigis district, allegedly because the Minister did not have “any list of the landless people in the district (G.43/79 letter dated 5 July 1973 issued by Kericho District Commissioner, J. P. Mwangovya)”. This was a spurious assertion in that the government had consistently ignored every plea for settlement not only by the Talai (since 1962), but also the Kipsigis. In 1994, then President Daniel arap Moi on a visit to Kericho ordered the resettlement of the Talai on land to be provided by the government. What transpired was further frustration for the Talai: the officers charged with the responsibility of implementing the presidential directive appropriated the land for themselves. However, a marginal re-settlement was attempted 1995 when 187 out of possible 2,000 Talai families were moved to Ndabibi in Naivasha. The re-settlement was a failure because the re-settlement site was not only too arid but also insidious manipulations were subjected to the project; the Talai, purportedly issued with letter of allotments by the provincial administration were later revoked and Talai required to pay for the land they had been moved to. This was a heartbreaking travesty of trust accorded to an arm of government by a desperate group of citizens of Kenya, whose rights had been trampled upon for generations.

6.4 Computation of compensation In view of the foregoing and in order to promote and protect the human rights of the Talai people, the community calls for comprehensive compensation, which they believe, unequivocally, they are entitled to, in order to restore to them justice and peace that has remained elusive for generations. Technically, the computation of compensation due to the

3 See P. D. Abrams, Kenya’s Land Resettlement Story (Nairobi, Challenge Publications, 1979), p. xii

4 See B. A. Ogot & W. R. Ochieng, Decolonisation and Independence in Kenya (Nairobi, EA Educational Publishers,

1995), p. 64

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Talai may be approached from a number of perspectives. One option is to base it on the demographic composition of the Kipsigis community at the time of their deportation in 1934. Considering that the Talai constituted 1% of the Kipsigis population (i.e. 698 deportees (the entire population of the Talai then) against the Kipsigis population of approximately 73,0005), it is proposed here that compensation due to the Talai ought to be computed at 1% of the equivalent Gross Domestic Product (GDP) of all the present Kipsigis districts6. This method seems sound and equitable and can be computed using the consumer price indices for each year since 1934, as published in government fiscal documents, to arrive at lost income/wealth the community would have earned or generated had they not been expelled from their land. However, any other method that achieves equity is equally acceptable.

6.5 Proposed Solution As we have indicated in the introduction to this document, the Talai people are approximately 5,000 in number. It is necessary to mention here that on 23 April 2007 a delegation of the Talai visited his Excellency President Mwai Kibaki at State House Nairobi to lay before the President the long-standing Talai issue for redress. Upon listening to the issues, the President graciously issues a directive to the provincial administration to find ways and means of resolving the Talai problem once and for all. The Provincial Commissioner (Rift Valley), Hassan Noor Hassan consulted with the Talai extensively whereupon the Talai were requested to compile a list of all Talai for the purpose of settlement. A comprehensive list was developed and submitted, but up until now the matter has not been resolved nor has the government revisited the matter. To all intents and purposes, it would appear the matter has been abandoned, as has been the experience since the end the Talai exile in 1962. The Talai community proposes to the Commission that in their recommendation for settlement, land to be allocated for their resettlement ought to be procured from unalienated trust land in the any Kipsigis district.

The list below is a record of all the Talai deported from their land to Gwassi (22 October 1934 to 30 June 1937). 698 persons were deported.

NAME WIVES CHILDREN CATTLE GOATS REMARKS

BOYS GIRLS

Tebatai Arap Songonya

1 ? ? ? ? Nandi District

Kitor Arap Kiruah 2 - - - Loc. 1

Muneria Arap Tonui

6 3 1 34 12 Prison Kisumu

Njau Arap tonui 1 - - 4 6 Loc. 1

Toroni Arap Tonui 1 - - - - " "

5 Different authorities give different population figures for the Kipsigis people: Anthropologist I.Q. Orchardson

(1930) gives, 80,000; 70,000 is given in the Hansard report of 30th

July 1934 — Hansard reports were, and still are, the official verbatim transcripts of the Legislative Council [Parliament] debates — while Kenya Land Commission Report of 1934 gives 67,942 (p.303). 6 These districts represent Talai' former homeland. This is an area of 2126 square kilometres plus an additional 425

square kilometres being what is today's Chepalungu division which by May 1934 (Kenya Land Commission Report)) had not been incorporated with the present-day Bomet district.

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Kimngetich (Kipkemil) Arap Tonui

3 - 1 - - Prison Nairobi

Saive Arap Tonui 5 4 2 10 20 Kericho Prison

Kiplangat Arap Tonui

2 2 - 10 9 Loc. 1

Sauli Arap Tonui 3 1 1 - - " "

Tendu Arap Tonui 1 1 - 5 10 " "

Kmitei Arap Kiruah - - - - - " "

Chebochok Arap Chomber

7 3 5 100 100 " "

Ngasura Arap Chomber

4 6 1 20 10 Prison Kisumu

Kiboin Arap Sitonik 7 5 4 100 20 Prison Kisumu

Sauli Mibei 8 7 6 60 30 Prison Kericho

Temonyet Arap Toinge

5 4 5 20 15 Loc. 1

Sarmoi Arap Toinge 8 5 4 18 20 " "

Koyugeh Arap Toinge

- - - 5 4 " "

Kipkoske ArapMibei

3 2 4 10 7 " "

Kiptor Arap Mibei 6 2 1 30 20 " "

Koitaba Arap Mibei 3 3 2 30 - Eldama Ravine

Kipsoi Arap Boit 3 1 1 17 12 Loc. 1

Kibor Arap Birir 14 6 6 21 13 " "

Bartiony Arap Sonoyet

1 - - - - " "

Sirma Arap Sonoyet 1 - - 10 10 " "

Kibiegon Arap Keturet

1 - 1 - - " "

Chemiro Arap Keturet

1 - - - 5 " "

Kipchaljal Arap Keturet

1 - - - 20 " "

Lesiau Arap Bore 8 1 - 5 - Prison Kisumu

Kibaragut Arap Bore

3 2 3 6 - Loc. 1

Telile Arap Mite 3 2 3 - - " "

Keriga Arap Mite 2 - 1 - - " "

Kerigera Arap Mite 3 3 1 - - " "

Sowi Arap Boigut (Chebochok)

5 2 5 3 - Escaped from cusdty

Telile Arap Boigut 10 11 7 50 60 Prison Kericho

Sowi Arap Boigut 4 2 2 - - Prison

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Kisumu

Muyonge Arap Boigut

3 1 4 10 5 Loc. 1

Kisanga Arap Koske 1 3 2 5 10 " "

Kipketer Arap Koske

1 1 2 5 10 " "

Bartion Arap Koske 2 1 1 ? ? Eldama Ravine

Lebor Arap Koske 1 - - 3 10 Loc. 1

Kipkorir Arap Rongai

5 10 4 100 100 " "

Kibinot Arap Rongai

6 6 8 100 100 " "

Kimanyah Arap Rongai

5 2 1 10 10 " "

Cherusus Arap Rongai

3 4 1 40 20 " "

Chemokombet Arap Rongai

5 1 2 10 5 " "

Chepkwony Arap Manyeh

1 1 1 - 1 " "

Pasi Arap Rongai 6 1 1 - - Nandi District

Kipksoke Arap Maina

3 - - 10 5 Muhoroni

Kibor Arap Ruto 1 1 2 - - Loc. 1

Kimurso Arap Ruto 2 1 - 4 5 " "

Kimaru Arap Ruto 2 - - 10 16 " "

Kanos Arap Cheruyot

1 2 1 - 5 " "

Kimoru Arap Cheptenges

2 1 2 - - " "

Baraiwa Arap Maritim

2 - 2 3 2 " "

Toeh Arap Rongai 1 1 1 - 3 " "

Kimoing Arap Mugeh

- - 1 - - " "

Kipsang Arap Chemitan

1 1 1 5 5 " "

Kimnyorom Arap Chelamai

1 2 - - - Kenya Police

Sawi Arap Chemitan (Kibirir)

- - - - - Loc. 1

Chongo Arap Kech 1 - - - - Rongai

Kimeli Arap Kech 2 1 1 - - Loc. 1

Kipkoske Arap Kech 1 - 1 - 50 " "

Kipto Arap Kech 2 1 1 - - Mr. Cushney's farm. Lumbwa

Sawi Arap Tonui 1 1 - 10 15 Eldama Ravine

Kipkemei Arap Kiruah

1 - - - - Loc. 1

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Kipkeswai Arap Matelengech

2 3 1 20 15 " "

Kiplangat Arap Kibinor

2 4 - 35 15 " "

Kiptormor Arap Matelengech

2 4 1 20 10 " "

Kibutuk Arap Boigut

1 2 1 7 5 " "

Kibor Arap Boigut 2 2 2 5 3 " "

Cheruyot Arap BiyamoMunywae Arap Boigut

1 1 - 5 4 " "

Munywae Arap Kwogo

1 1 - - - " "

Agui Arap Munyae 1 - - 1 - " "

Kipsegene Arap Kwogo

- - 2 4 5 " "

Kimeto Arap Kerich - - - - - " "

Agui Arap Chemitan

- - - - - " "

Sowe Arap Kech 1 - - - - Londiani

Kimugeh Arap Kech 4 - 1 - - Eldama Ravine

Kiplangat Arap Biegon (Mohindi)

2 1 - 5 10 Loc. 1

Chebatelo Arap Temuge

3 - 3 6 5 " "

Kipkatam Arap Tirmit

1 - - - - " "

Kibiator Arap Tirmit 1 1 - - - " "

Kibrop Arap Kiruah 3 1 1 - - " "

Sowe Arap Toinge 2 ? ? - - Masai Reserve

Chemiron Arap Mosoi

1 2 3 5 5 Loc. 1

Kipkerich Arap Koech

1 - - 4 5 Loc. 1

Kigonye Arap Kerich

- - - - - Loc. 1

Keriga Arap Kerich 1 1 - - - Loc. 1

Nguruna Arap Tonui

1 1 1 10 8 Loc. 1

Kiplangat Arap Ruto

1 - - - 10 Loc. 1

Kirunjai Arap Tonui 3 3 1 8 8 Loc. 1

Kimngetich Arap Tonui

1 - - - - Loc. 1

Kipchumba Arap Binot

- - - - - Loc. 1

Kimursoi Arap Binot

- - - - - Loc. 1

Kolil Arap Biyama 1 - - - - Loc. 1

Arap Songonya 3 - - - 8 Loc. 1

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Kipsegenen Arap Cheruyot

1 1 - 35 20 Loc. 1

Leboi Arap Birir 1 1 - - - Loc. 1

Kipsugut Arap Birir 1 - - - - Loc. 1

Bartiony Arap Boin 2 3 - 10 4 Loc. 1

Kiptoingeny Arap Boin

-

- - 3 2 Loc. 1

Bartiony Arap Birir 1 - - 9 14 Loc. 1

Chemiron Arap Birir Kenduiwa

1 - - - - Loc. 1

Samoe Arap Sonoyet

1 - 1 1 - Loc. 1

Keron Arap Chebochok

1 - - - - Loc. 1

Kimngetich Arap Tonui

- - - - - Loc. 1

Kibiegon Arap Ngasura

- - - - - Loc. 1

Chemiron Arap Ngasura

1 - 1 - - Loc. 1

Sowe Arap Muyonge

- - - - - Loc. 1

Ndoigo Arap Muyonge

- - - - - Loc. 1

Chapter 7: MAU FOREST EVICTEES The Mau Forest evictions started in 1975 when the government removed people in a discriminatory manner, mainly targeting the Kipsigis. This was done during the time when Mr. Mathenge was the PC Rift Valley Province

It was in 1975 when the worst violations of Human Rights were witnessed. All property were destroyed and sold at a throw away prices. There was no respect for human beings. Women and children were raped while children were separated from their parents. The livestock were sold as low as ten shillings for a cow, goats for sh. 2.50 while chickens were eaten and thrown away by the General service Unit (G.S.U), administration police, regular police and forest guards. This was done in Itare forest station and Ndoinet forest station. This eviction did not prevent people from going back into the forest after the exercise because they were not given alternative settlement. People went to stay with relatives while some hide in the bush for close to four months. The villages affected in this operations include: Kuresoi, Ndoinet, Cheptalukiat, Kusumek, Chepkoburot, Kipsaongoon, Kiptabarar among others. The schools affected include Cheputinguon, Kimesto, Chepkoburot, Kipsaongoon and Chematich. The population affected was close to three thousand families. It is estimated that the livestock sold and thrown is ten thousands heads of cattle, thirty thousand goats and thousands of chickens. Four thousands houses burnt and thousands of food stores. Subsequent evictions were carded out in 1984, 1998, 2001, 2005 and 2009.

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We had annexed here 12 reports of victims of the evictions for the attention of the Commission. The reports were compiled between 11 and 17 November 2011 after evictees were visited in twelve camps under the sponsorship of the Africa Gospel Church.

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Chapter 8: SUMMARY, CONCLUSION AND RECOMMENDATIONS Evidence gathered from the 15 community forums on land grievances indicates that there is an overwhelming concern among the majority Kipsigis community that land the re-settlement process after independence failed to protect their interests yet they had lost large tracts of land to European settlement. They claimed that they had been discriminated against and information withheld when land was being re-distribution to African communities (as has been detailed in this Memorandum). The non-Kipsigis communities (notably the Kikuyu) on the other hand expressed their grievances, but from a different perspective: they claimed that some of them have lost their land to “grabbing.” In two instances, the County Council of Kipsigis was alleged to have “grabbed” land belonging to non-Kipsigis. However, one in instance, a Kikuyu man named Githere “grabbed” land belonging to a fellow Kikuyu (cf. sub-section 5.4 above). From the evidence collected, we draw the conclusion that people in the South Rift region have serious historical land grievances that require urgent address in order to help the multi-ethnic communities living there co-exist peacefully. It seems to us that the various commissions of inquiry that have attempted to look into the question of ethnic conflicts in the region have failed to identify and deal with the “simple facts” of land grievances, which are perhaps the only factor that underpin the perennial ethnic tensions in the region. An example may be drawn from the Judicial Commission to Inquire into the Tribal Clashes in Kenya (1999), also known as the Akiwumi Report. The Commission was tasked to establish, among other things, “the origin, the probable, the immediate underlying causes of such clashes [ethnic clashes+” (p. 2). The report, incredibly enough, stated in its recommendations (which should have been its findings, or conclusions) that “In our view, it is not the lack of adequate security personnel and equipment or preparedness that contributed to the tribal clashes. The Police Force and the Provincial Administration were well aware of the impending ribal clashes and if anything, connived in it” (p. 284). The Commission did not attempt to establish the “origin” of the ethnic clashes, land. Instead, it introduced extraneous and untenable reasoning: “the lack of adequate security.” From the evidence gathered, the majority Kipsigis community strongly feels that justice was not done in the resettlement programmes that were undertaken after independence ‒ even as the non-Kipsigis minority groups complain of the “grabbing” of the land they had bought during the re-settlement period. We would recommend to this Commission to investigate the issues raised in this memorandum in order to ge to the bottom of the issues raised by the residents of the South Rift region. We have shown all the re-settlement programmes and provided information, including written sources, so that proper investigation can be conducted to establish the truth about the re-settlement process and how the Kipsigis (as they claim) could have been side lined. This will provide a framework in which lasting remedies will be developed and implemented. Similarly, the complaints of non-Kipsigis communities regarding “land grabbing” should be investigated fully. The Talai resettlement case is a long-standing issue that needs urgent solution. We recommend that this Commission recommend the immediate resettlement of the Talai by the government.

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Regarding the Mau evictions, we recommend that immediate resettlement of the evictees be effected in order that the victims are accorded their rights. We finally recommend that ways be found to encourage peaceful coexistence between the Kipsigis and the communities living amongst them so that we can all build a strong and prosperous country.

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APPENDIX: Maps

Figure 1: Sotik European Farms. Source: Kenya Land Commission, 1933

Figure 2: Original Kericho-Kisumu County boundary (1952) altered after independence allegedly without consultation with Kipsigis community

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REFERENCES Abrams, P. D. (1979). Kenya’s Land Resettlement Story. Nairobi: Challenge Publishers and Distributors. GoK (2004). Report of the Commission of Inquiry into the Illegal/Irregular Allocation of Public Land. Nairobi: Government Printer. GoK, (2004). Report of the Judicial Commission into Tribal Clashes. Nairobi: Government Printer. GoK, (2007). The National Land Policy. Nairobi: Government Printer. Nyachae, S. (2010). Walking Through the Corridors of Service. Nairobi: Mvule Africa Publishers. Odoyo, N. O. (2010). A Political Economy of Land aReofrm in Kenya: the Limits and Possibilies of Resolving Persistent Ethnic Conflicts. Njogu, K (ed). Ethnic Diversity in Eastern Africa. Nairobi: Twaweza Communications. Ogot, B. A. & Ochieng,’ W. R. (1995). Decolonization and Independence in Kenya. Nairobi: East African Educational Publishers Ltd.