DEVOLVED GOVERNMENTS AND NATIONAL SECURITY IN NORTHERN KENYA

 

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Devolved Governments and National Security in Northern Kenya

Introduction

In 2010, under the Kibaki administration, Kenya witnessed the promulgation of a new constitution. The milestone had the aim of bringing together the government and the Kenyan citizens through proper governance. The new constitution instituted amongst other things, a new form of governance involving devolved systems. The new constitution directed the dissemination of democratic power and the available resources to the grassroots, away from the capital in a procedure known as devolution. The new devolved government is similar to the Majimbo system implemented in 1963 after independence, although the system disintegrated without any substantial return after the supporting party dissolved into KADU and KANU[1]. The system was similar to the bicameral parliament used in Westminster, as it had a Senate and a national assembly.

Devolution majorly refers to the pillar of the law, which aims at bringing the power of the government closer to the Kenyan citizens. Additionally, the devolved units functioned as a central point through which to disperse political power, while the available economic resources could reach all the citizens at the grassroots level. Devolution provided an opportunity for the citizens to create their governments at a sub-national level, which ensured service provision was autonomous[2]. In addition, it also enables the citizens to make decisions based on their locality without obligation to the national governments, even with the realization that they were part of the bigger state. The definitive aim of devolving power to the grassroots is developing a clear democratic unit where the citizens receive adequate services as well as good governance.

For the devolution to work efficiently, the devolved governments should eradicate the previous challenges faced involving utilization of resources. Devolution ensures that there is cohesive national development. Each unit receives equitable resources from the national government as well as investments in the devolved units.

Devolution in Northern Kenya

The Northern region of Kenya has lagged behind for a long time in regards to infrastructural development and other aspects including healthcare, education, and energy. The changing patterns of governance brought on by the new constitution ad devolution have led to a shift in political scenery[3]. In the past, the region suffered from endless conflict arising from the irregular distribution of resources as well as incessant marginalization.

With the advent of devolution, the region benefitted from a windfall in economic resources from the national government. Additionally, global investors have also placed considerable resources in the region as they aim to tap into the vast resources available in the region including oil and gas reserves. As a result, the national and the county governments embarked on infrastructural development as they construct the northern corridor and the Isiolo airport, which will expose the region even further.

Previously, the region was plagued by conflict arising from allocation of resources such as land, and cattle. The landscape changed with the new constitution as conflict evolved to political reasons, as they fight for top county posts. The Northern region is home to various regions and tribes, which raises concerns over equitable sharing of available jobs, tenders, and other economic opportunities[4]. Due to the region’s proximity to Al-Shabaab zones, devolution of security has posed a challenge to the county government, thus forcing the national government to chip in to curb the violence. Analysts cite devolution as a major cause of the violence due to the escalating tensions from various disgruntled parties, but in the end, the northern region stands to gain from the devolution process.

While devolution provides an opportunity to acquire resources and invest in their development, the county government still faces challenges in the transfer of power and resources from the national government. The northern region of Kenya comprises of various regions including Moyale, West Pokot, Garissa, Turkana, and Isiolo. Others include, Wajir, Samburu, Marsabit, and Baringo, each of these counties comprise diverse people, which makes them unique[5]. The shared concerns arise from the similarity in that a majority of the communities practice pastoralist farming, which forces them to migrate in search of food for their livestock. Consequently, this raises issues on borders and encroachment into tribal land, hence causing further conflict.

Devolution is beneficial to the Northern region of Kenya as it improves on poor governance, financial mismanagement, inequitable distribution of resources, escalating levels of graft, and the marginalization. The ill facing the communities during the previously centralized governance system have subsided. By using the budgets allocated to the counties, the northern region takes charge of its service delivery, a departure from previous regimes where commissioners were appointed directly by the state.

Devolution also provides a clear and accountable system of governance, which the majority Somali community voted for overwhelmingly. County officials state that since the inception of devolution, there has been more progress than the preceding years since independence. The reasons include that, out of the nine counties in the northern region, three of them received the highest amount of devolution funds; Mandera received over 8 billion shillings in the budget year 2015/2016. Such figures reflect positively on sectors such as healthcare, as the communities invest in medical centers and hospitals. Educational infrastructure is also improving as more children attend classes, instead of the usual pastoralist activities. Furthermore, the World Bank classified Wajir County in northern Kenya as the top county regarding the devolution funds utilized in development projects, totaling to over 58 percent[6].

National security in Northern Kenya (state of security before and after devolution)

In Northern Kenya, thousands of Somali natives have died over the years since independence due to a pacification campaign initiated in the late 1960s. The shifta rebels trying to secede from newly independent Somalia caused the government to kill more than 4000 civilians, as they declared a state of emergency in the region. The security forces continued their rampage in the region until the curfew ceased in 1991[7].

Other than shifta rebels, the region also dealt with bandits from neighboring North Rift region including Samburu and Baringo. Cross-border raids for cattle were rampant in the years after independence, with the government creating a special unit from the General Service Unit, to deal with the menace. Drought during the early1980s caused even more harm as some communities took advantage of affected areas such as Turkana. The cattle raids persisted into the next decade despite an increase of security apparatus. The raids coincided with wars between various clans with analysts linking the military and political personnel with the raids in a bid to feed their armies or to sell. Other raids were also viewed as revenge attacks. Such continued infighting between the communities was also blamed on the security apparatus due to the lack of trust cultivated between the security forces and the tribes.

In later years, there have been recurrent peacebuilding attempts by the central government. Peace Building Committees were formed including women who effectively mediated between the fighting clans. The central government and donors paid for the committee, and with success in Wajir, the efforts spread out in the whole region. In 2011, the enactment of the new constitution saw the National Policy on Peacebuilding and Conflict Management; create a legal framework through which peace initiatives could prosper[8]. The District Peace Committees received full legal backing, thus ensuring recognition.

Devolution and the Security in Northern Kenya.

The new constitution provided an opportunity for far-reaching institutional as well as constitutional repositioning aimed at stopping the tribal wars and violent. Proponents of devolution in the region argued that the new constitution paved the way for increased accountability by the elected officials to the citizens. Devolution also ensured that northern Kenya leaders made decisions that were more in tune with the local citizens and their conditions.

The leaner central government was a blessing to the northern region as it provided the county governments with a say in their regional security matters. The devolved units also made crucial security-based decisions on how to invest the funds they received, while they could also raise taxes to fund any projects. In the northern region, a long-standing issue was the mistrust between the locals and security apparatus. Devolution mitigated conflict risks as the pastoralists felt more freedom with the removal of commissioners. Furthermore, conflicts were changed from territorial to county-level political feuds. Moreover, the devolution has also caused localization of corruption, which could risk a rise in new conflict.

Notwithstanding the new sources of conflict, figures released after the new constitution show a clear decline in the number of conflict activities in northern Kenya. After the 2010 plebiscite, the number of attacks dropped to 40 but escalated after the 2013 general as the Al-Shabaab waged war on the government. The Kenyan government placed its troops in the neighboring country, Somalia that reduced the number of attacks. Despite that, revenge attacks continued in some areas bordering the north-rift region including Baringo and Tana River, but on a smaller scale[9].

While the attacks may be more severe than before, struggles for local power and external influence from militant groups has been the main driver of such violence. This is in comparison to the previous tribal conflict based on land. A majority of the attacks since 2015 are sponsorships of the militant group, accounting for over 40 percent of attacks. The group takes sides, for instance, an attack on a governor’s convoy in 2015[10]. Militant groups take advantage of grievances brought on by devolution by minority groups with the aim of generating insurgents in the region.

Natural resources have also come under scrutiny as oil and gas exploration continues in Turkana. There is evidence of tension between separate clans in the county, which raised tensions in the run-up to the 2017 gubernatorial elections, as warring clans competed for the position. Due to this, factors such as Al-Shabaab, sharing of resources, and other devolution functions, have caused a collapse in previous peace pacts. The sway of peace committees is waning as politics takes center stage. Previous verbal peace agreements and committees are suddenly invalid, as they become mono-ethnic[11]. Without proper intervention from the national government, governors may take advantage of quickly negotiated democracy to stifle some tribes, hence leading to more conflict.

Contribution of Devolution on Northern Kenya’s Security

The newly devolved county units have a responsibility for dealing with the chronic insecurity that plagues the northern region. The newly elected governors have taken up new security-based approaches which are innovative, and do not involve delegating the task of providing security to the national government. The shared responsibility ensures that counties in the northern region create policies that are unique to their challenges, while also including provisions to ensure participation of the warring clans.

Additionally, after the devolving of governance, like-minded leaders from the Kenyan Somali tribe, created a new approach after long periods of political vendettas and infighting[12]. The new strategies led by senior national government officials of Somali origin used their ties to the society to create a bridge for dialogue between the clans. Devolution helped the security situation as such ceasefires between infighting clans enabled new collaboration in aspects of security such as sharing of information with security officials. Insecure areas also received extra security officials and patrols in collaboration with the locals.

Previously under-utilized peace committees formed by NGOs have also become active as clan elders, and religious leaders take up the mantle in each county. They also ensure they do not involve the county or national administration that ensures that they can speak in trust on issues affecting the public.

The county government’s investment in social services including health and education has created a positive effect on the security of the region. Schoolchildren previously engaged in banditry, clan violence, and livestock theft have returned to school as the counties in the north invest in schools. The national government has also provided more teachers to the region thus improving the ration in schools. Educated citizens also ensure integration between the varying religious and tribal groups, while it is also crucial in reducing the chances of youth turning into extremists. Such investments by the county government provide long-term solutions to the northern region’s long-standing issues.

To deal with marginalization, the new constitution also came up with an equalization fund. The new financial resource aimed to bring up to par the marginalized communities. Due to the deeply entrenched tribal structure, marginalization may persist, but dedicated policy decisions and the finance delivered will push counties to invest their resources in their projects.

Due to the increased insecurity lately, health and education workers are shunning the Northern region. The effect on the long-term humanitarian condition will be immense; therefore, the government in conjunction with teachers’ unions is hiring more local teachers. The aim is getting rid of future gaps in social services. In addition, providing secured sleeping quarters for the non-local teachers is important to guarantee their safety, thus keeping the impact of education investment intact.

By promoting devolution in the northern region, the national government created opportunities for governors on behalf of the county to receive aid from foreign donors. Foreign donors are entering into concessions with county governments in the northern area with the aim of providing funding for services and infrastructural developments. Partnerships with county governments could yield funds, which they can invest in the region’s security apparatus. Some of the donors have military expertise, which would benefit the northern region in their fight against the Al-Shabaab. Displaced people in camps also pose a security threat, but through devolution, county governments can collaborate with agencies such as the UN to ensure the refugees receive the required humanitarian assistance.

Devolution also created opportunities for entrepreneurs in the counties. Such businesses play an important role in subsidizing the county investments regarding the security process. They support the counties through the installation of surveillance equipment in their premises, provision of vehicles to the security personnel, as well as creating networks for information. Such cooperation between the new businesses and the county government assist in reducing cases of theft or systematic violence, thus, in the end, a benefit of devolution.

Challenges of Devolution in Improving Security in Northern Kenya

The process of devolving services including security is still incomplete. The county governments are still conducting recruitment for county officials despite the presence of top national and government leaders. The process of devolution contains structures that are aimed at facilitating security and other issues, but there is still a long way. Further investments and capacities should be built to sustain the improvement of security.

1. a) Lack of Coordination by Security Forces.

One of the main issues facing the counties is a lack of clear policies in the fight against the radical elements and cattle rustlers. Internal attacks in the region begun over 50 years ago but still the government is yet to come up with a concise plan for dealing with the bandits. Specialized units such as the anti-stock theft unit ­­­failed to deal with the menace effectively, while the previous commissioners faced accusations of inconsistency.

Other security players in the northern region including the national government administration office have created security gaps from lack of implementing county police authorities. There are no legal frameworks required to keep the authorities running, hence making it hard for the counties in northern Kenya to convey their responsibility in planning for security. Governors also have a concern over the role the county police would take since they also have an advisory role[13]. The national government could relegate them to their purposed implementation role. Additionally, any cooperation between the affected counties is also non-existent due to lack of guiding frameworks for dealing with cross-county security issues.

 

 

1. b) Unresolved Resource Conflict

The national government recently unearthed oil and mineral resources in the northern region. The discoveries offer an opportunity to grow the county as well as the local communities. Despite the opportunity, the extent to which the communities will benefit is a concern. The decisions over extraction and control of the mineral resources are mainly by the national government under the constitution. The previous conflict over resources is set to escalate with the newfound oil and gas. There are already conflicts between the mining companies and the local communities due to unequal employment, available business opportunities as well as land. Longstanding conflict coupled with new ones are already feeding into existent inter-county and intra-county conflicts. Consequently, disgruntled citizens are articulating their frustrations over such resources, which may lead to increased violence.

1. c) Ethnic Exclusion in Counties.

The advent of devolution presented the counties as new stages for politicking. A majority of the counties in the north of Kenya is diverse; they have comprised of varying ethnicities, clans or regional divisions even in cases where one ethnic group fully inhabits them. Consequently, this caused the creation of new minorities regarding their clan, ethnicity, and regional divisions. These new minorities face discrimination and in varying instances, extreme hostility since they are viewed as outsiders depending on their differences and grievances aired. For instance, the Somali tribe has created new factions of indigenous and outsiders who are immigrants, thus raising the potential for violence. The conflict also limits the area of available capacity and expertise for the northern Kenya devolved units[14].

1. d) Cultural Gang and Militia Violence.

Devolution of counties also brought about the problem of organized crime based on specific regions. In a bid to have a say in the management of resources local gangs have cropped up also stemming from the high unemployment rates witnessed in the counties. Longstanding marginalization also means some parts of northern Kenya lack employment opportunities. Additionally, previous cases of use of violence by police, bad relations with the security forces, as well as political patronage remains an issue for the community. Such challenges brought on by devolution could continue hindering the plans and strategies put in place by counties for development.

1. e) Delayed Funding by the National Government

kjnThe national government’s yearly budget dictates devolution of funds. Due to that condition, the availability of funds for sensitive elements such as security may affect how the county governments deal with conflicts. Phased payments and delays in payments all affect the northern Kenya counties negatively. Counties in northern Kenya also use the funds for payment of confidential information about sensitive security matters. The amounts ranging from 10,000 to 50,000 monthly are crucial in curbing terrorist activities[15]. Lack of funds for infrastructure also hinders efficient solution of crime and conflict.

Conclusion.

The current situation in the northern parts of Kenya has benefitted immensely from the devolved units. Despite the various uncertainties on the implementation of devolution, the region faces an outlook of sustainability and stability in future as they invest in their development. Such positive indicators will eventually lead to a reduction of conflict and thus better security.

The spillover impact of the war in Somalia is evident, and it continues causing insecurity in northern Kenya. Additionally, intra-communal fighting as well bandit attacks remain a problem for the county as well as the national governments. Injustices by previous governments in the early 1960s to 1990s has also caused mistrust, but peace committees have acted in dissipating further conflict.

In regards to security, devolution has provided an opportunity for the counties to deal with their issues more closely. With the additional funding and the prospect of county police authorities, the counties in northern Kenya will eventually deal with any instability. Further, equitable sharing of resources such as appointments and revenue from minerals will change the dynamics of the region while ensuring inclusivity for the diverse region.

Challenges in the implementation of devolution such as delayed funding, insurgencies, unresolved conflict about natural resources, as well as a lack of coordination by the county and national government negatively influence the security of the region. With continued investment in dealing with those problems, northern Kenya will continue benefitting from the natural resources and infrastructure at their disposal.

 

Bibliography

Burbidge, Dominic. 2017. “Emerging Diversity in Security Practices in Kenya’s Devolved Constitution.” Conflict Trends. ACCORD. May 10. https://hdl.handle.net/10520/EJC-6e823fc04.

Crisis Group. 2016. “Kenya’s Somali North East: Devolution and Security.” Crisis Group. August 23. https://www.crisisgroup.org/africa/horn-africa/kenya/kenya-s-somali-north-east-devolution-and-security.

Guha, Shilpa, Hannah Waddilove, Elizabeth Mahiri, Nanjala Nyabola, Jacob Rasmussen, Claire Elder, and Hannah Elliot. 2013. “Meeting Reports.” Meeting Reports | Rift Valley Institute. January 1. http://riftvalley.net/publications/368?region=293.

Humanitairan Foresight Think Thank. 2015. “North-Eastern Kenya A Prospective Analysis.” Rep. North-Eastern Kenya A Prospective Analysis. Institut De Relations Internationales Et Stratégiques.

Lind, Jeremy. 2017. “Devolution, Shifting Centre-Periphery Relationships and Conflict in Northern Kenya.” Political Geography 63: 135–47. doi:10.1016/j.polgeo.2017.06.004.

Mkutu, Kennedy, Martin Marani, and Mutuma Ruteere. 2014. “Securing the Counties: Options for Security after Devolution in Kenya – CHRIPS.” CHRIPS. July. http://www.chrips.or.ke/publications/research-reports/securing-the-counties-options-for-security-after-devolution-in-kenya/.

Mosoku, Geoffrey. 2015. “Governors Demand More Roles in Kenya’s Security Management.” The Standard. The Standard. May 21. https://www.standardmedia.co.ke/article/2000162953/governors-demand-more-roles-in-kenya-s-security-management.

 

Nema, Natasha, Fatuma Rashid, Brian Osweta, Janet Murikira, Chidulu Said, and Kamau Mwangi. 2018. “Mombasa County News | Baraka FM 95.5 FM.” County News | Baraka FM . February 3. http://barakafm.org/2018/02/03/lamu-security-officers-raise-concern-over-delayed-fundshousing-leave-days/.

Nyanjom, Othieno. 2011. “Devolution in Kenya’s New Constitution.” Rep. Devolution in Kenya’s New Constitution. Society for International Development (SID).

Turkana County Government. 2016. “Devolution Brings Hope to the Residents of Turkana County.” Turkana County. October 23. http://www.turkana.go.ke/index.php/2016/10/23/devolution-brings-hope-to-the-residents-of-turkana-county/.

 

 

 

 

[1] Lind, Jeremy. 2017. “Devolution, Shifting Centre-Periphery Relationships and Conflict in Northern Kenya

[2] Crisis Group. 2016. “Kenya’s Somali North East: Devolution and Security.” Crisis Group. August 23

[3] Lind, Jeremy. 2017. “Devolution, Shifting Centre-Periphery Relationships and Conflict in Northern Kenya

 

 

 

[4] Lind, Jeremy. 2017. “Devolution, Shifting Centre-Periphery Relationships and Conflict in Northern Kenya

[5] Nyanjom, Othieno. 2011. “Devolution in Kenya’s New Constitution.

[6] Nyanjom, Othieno. 2011. “Devolution in Kenya’s New Constitution.

[7] Turkana County Government. 2016. “Devolution Brings Hope to the Residents of Turkana County

 

[8] Turkana County Government. 2016. “Devolution Brings Hope to the Residents of Turkana County

[9] Nyanjom, Othieno. 2011. “Devolution in Kenya’s New Constitution

[10] Lind, Jeremy. 2017. “Devolution, Shifting Centre-Periphery Relationships and Conflict in Northern Kenya

[11] Lind, Jeremy. 2017. “Devolution, Shifting Centre-Periphery Relationships and Conflict in Northern Kenya

[12] Humanitairan Foresight Think Thank. 2015. “NORTH-EASTERN KENYA A Prospective Analysis”

[13] Mosoku, Geoffrey. 2015. “Governors Demand More Roles in Kenya’s Security Management

[14] Lind, Jeremy. 2017. “Devolution, Shifting Centre-Periphery Relationships and Conflict in Northern Kenya

[15] Mkutu, Kennedy, Martin Marani, and Mutuma Ruteere. 2014. “Securing the Counties: Options for Security after Devolution in Kenya

Devolved Governments