What the Mau Crisis Says About Kenyans PDF Print E-mail
Written by Stephen Wainaina   
Monday, 07 December 2009

At least Vice President Kalonzo, Uhuru Kenyatta and William Ruto are being consistent about their resolution of the Mau forest conundrum. I wonder if any of us remember what our positions were at the 2005 pre-referendum expulsions when then Environment Minister Amos Kimunya was talking about title deeds being mere pieces of paper. This is how the Rift Valley was lost to Kibaki, and it was then pushed as a human rights issue. No wonder the poor people of the Rift Valley feel betrayed now that their rights are not seen as worthy of defence. The Prime Minister then lionised for standing up for their rights, is now similarly elevated for being blind to those very rights. It is clear now that the chorus of condemnation of the Mau squatters, and the enduring absence of empathy for them in the face of the humiliation and suffering they are met with at the hands of their government is a symptom of a wider societal illness, something we must contend with as we make efforts to usher in a new order with the new constitution. A recent KTN poll had 70% of respondents declaring that the government was not being unfair to the evictees. This mere minutes after the same channel showed images of peasants drenched in pouring rain, women and children cowering under blankets, their crops left open to destruction by wildlife.

The pointy fingers and raised voices miss a number of important points. Landlessness is an undeniable fact of life for many Kenyans with no choice but to lead agrarian lives. Similarly compelling realities are population growth and diminishing returns from already cultivated land. Fundamentally, these people, fellow citizens of ours are not idle criminals, they are Kenyans trying to make a living, trying to survive in an environment where our history precludes certain life choices open to those of us privileged enough to restrict our view of property and other human rights to those posessing legal title to land. 

The tragedy of this country, that which I believe we must first contend before any meanignful reform, is that we only pay lip service to our laws, and to human rights. Only when it is convenient do we pipe up in defence of the weak and lowly, which is why the human rights industry has found more important work to do at this minute than defend the Mau peasants.

That said, I was encouraged to see some articles in the Sunday papers that made clear that respecting the human rights of the squatters and settlers, does not mean tolerating continued destruction of the forest.

But back to the environment, and this especially with an eye on Copenhagen this week. As everyone in the developing world looks to China, the USA and Europe for leadership, we need soon to see true leadership on this, on a local level too. As we condemn the destruction of vital elements of our ecosystem, we must also do something about our wasteful national culture and our excessive energy demands. A recent television report from KTN had our energy production from thermal fossil-fuel dependent sources, equivalent to our production from hydroelectric sources. With Copenhagen dominating the headlines, it is exigent that we think a little more about personal responsibility in the effort to clean up the earth and conserve vital components of it for the future. Even as the politicians attempt the big picture, the success of Copenhagen depends not on waiting on others to move, but on showing initiative ourselves, making a difference, each of us in our small ways.

With our voracious carnivorous appetite, our excessive zeal for collecting plastic rubbish and electronic toys (product list runs from polyester underwear to dildoes), the lack of an effective recycling and waste disposal culture, the desire for South African citrus (and every other kind of exotic and needless import), our excessively thirsty floriculture industry, our demand for cheap fuel, cheap parking and ever more private vehicles, our urban sprawl and our endless bingeing on soil destroying mono-cultures that demand ever more fertiliser; I doubt we have the moral case to demonise poor people eking out a living from mastering the soil. The effect of these, wasteful elements of our way of life, is many times more destructive than the settlement of the Mau.

Sure, Cheruiyot, Mwaita ought to be dispossesed and I am sure the courts can quickly order this carried out but there is a very different case to be made for desperate peasants who are victims of population pressure, climate change, an irresponsible state and their local leadership.

P.S. Is it not interesting how civil society types have now realised that these chaps are criminals? Wonder when they get to remember the same thing about people like Ntimama (whose foul genocidal words Wangari Maathai feels happy to quote now) and Raila Odinga who is peerless in the abuse of power and violence for political advancement and the accretion of wealth .

Stephen Wainaina
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414
Misplaced thoughts!
written by Branded , December 07, 2009
Hey Steve,
Nice piece but it is a bit allover the place. What is it about? Mau, Ruto, Copenhagen?
My take, Ruto and gang are pretenders they are shedding crocodile tears to cover something deeper than just Mau. The whole gang is in the KNHRC list, Hague is beckoning, they are just trying to get sympathy but from the wrong place and issue. Meanwhile, I dont think the Mau crisis says anything about the entire Kenyan populace but just Ruto and the Hague express gang.
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written by mkosakabila , December 08, 2009
Nice article.
Does someone know whether the Kenya government plans to participate in REDD or in the much-maligned CDM? Both ways they'd be lots of $$$$$ pouring in (which could finance elections). Perhaps one reason why we see such brutal evictions. Strange that UNEP wouldnt speak out, yet they seem to have been key actors, at least in the initial. I wonder whether their website still carries anything on the Mau?
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Re: Misplaced thoughts!
written by Godfrey , December 09, 2009
The Mau crisis proves once again the short memories of the Kenyan populace. It's amazing the Raila Odinga is being lionized as a fighter for the environment and yet he won votes from the Mau by promising they would not be evicted. It is also interesting how the media have bought into this line by describing the people at the Mau as con artists. I don't think there is any family that would want to sleep in the cold for the sake of government money that may never come.
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being at home then homeless all over sudden
written by catherine , December 09, 2009
its so painful and alarming to see innocent kids anguish in the cold and shanty shades by the roadside yet the media claims that they pretend during the day and disappear at nigth,how can you subject your own kid to such a terrible torture in the name of supporting some politicians who lavishly enjoy the comfort of their palatial homes,,,,no way lets be human,,a tear drop of an innocent child and the agony of a mother in diaspora,,,imagine it was your own mother and your siblings how could you feel?????...........
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written by manta ray , January 03, 2010
What is stopping Raila from going to court to ask for the titles of the big landowners who originally grabbed the Mau to be nullified? THAT TOO, IS THE LAW, not politicking all over the place in order to bamboozle gullible, naive Kenyans as to his 'nationalist' credentials. Nationalists do not mock babies when they cry as shedding crocodile tears.
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The evils of the Kenya Government
written by mkosakabila , January 05, 2010
So here's why people have been hurriedly evicted from the Mau.

Kenya can earn billions in the carbon trade--if only we can evict poor peasants from so-called forest land!!!

What a shameful contradiction for a government that only recently passed a law devolving the management and use of forests to communities. So much for poverty and sustainability, coming from a government whose track record has been dismal on both fronts. A government that mindlessly ignores its own rules.

Let us hope that potential buyers of carbon offsets are informed by a different set of values or are more accountable
to an emerging code of conduct for carbon trading!

And is the dog and pony show that is UNEP in the business of earning governments income through the dispossession of the rural poor?

ps: so did the cat get the tongues of the human rights types dwelling amongst us? This is fertile ground for their shrill voices..... a ready and pliant global audience. Orbis unum!!!


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written by manta ray , January 07, 2010
Hassan Omar of the KNHRC has now come out as a hypocrite and ODM trojan horse and charlatan, and so is most of the so called civil society in not finding it fit to speak up for those Mau evictees. What is the difference with the way the Sabaot were treated by Kibaki's Army in Mt Elgon when Hassan went positively ballistic and hysterical, or is it because now the victims are Kalenjin and Ruto supporters, and who has been giving their God Raila migraine size headaches?
What is galling is the bare faced hypocrisy and lies these civil society types and their media confreres keep spewing daily to confuse people. Unfortunately for them, some of us can see right through them.
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listen to me gentlemen!
written by OtienoAdipo , January 08, 2010
I strongly believe in the principles of democracy, equity and liberty. I am aware that every Kenyan has the right to opinion. But I as well think that for positive growth of a society, people should indulge in substantive debate. That I disagree with some of your opinion, that I discard some of your expressions as mere thought-bromide, that I take with little respect some of your statements, is not to say that I doubt your intelligence. My point is that I think you are indulging in the right debate in the wrong way.
To start with Wainana; you seem deeply hurt by one Raila Odinga. He is not sensitive to Kalenjins yet they voted for him. He is the mastermind behind the evictions. He is, as you absurdly say, unrivaled in the abuse of power and wealth grabbing. Now, let me ask you; do you have an idea of an entity called Government? Is Odinga doing things out of the blues or he is simply working on what the Government has passed? Why are those people your are sympathetic to consistent in fighting Odinga when they are a part of the Govenrment? How has Odinga abused power? What wealth are you talking of in regard to Odinga?
I wish you had a grasp of Independent Kenyan history...or maybe, you slept in 1963 and woke from your slumber just before the 2007 elections. I want to inform you that those attributes you gave Odinga perfectly befit the first Black Governor of Kenya - Jomo Kenyatta; there is another Kenyatta - the Uhuru one, and you are aware he is the heir of the huge swaths of land that his father grabbed from poor Kenyans. He is indeed consistent - never willing to give back the land his father to its rightful owners.And Kalonzo too is consistent - he is consistently cowardice. Now, it would be totally unfair to reason to compare a lily-livered lizard like Kalonzo to people like Raila. Ruto too is consistent - even though he never came out fighting when some Kenyans were being evicted from Mount Kenya forest, etc. He must now be consistent because those are his people. And as you half-rightly pointed, they are only bassooning in defence of the weak because it is convenient for them - they are looking for votes. They are forgetting that votes are not needed in the Hague! You did not say a thing about Kibaki - probably because you think he is a sacred cow or because he just doesn't care about a thing but his family. It is a pity!!!
I agree with you when you say that there are other factors that contribute to global warming apart from the Mau invasion. That, gentleman, is not to justify that very invasion.It's true we are suffering from a very wasteful culture and thus contributing to the global scourge but this does not make the act of invading and plundering our forests a good. You say we don't have a moral temerity to 'demonise'(whatever you mean by that) forest invaders. The question of whether something is moral or not is tri-hinged on the act itself, the intention of the act and the circumstance of the act. Kindly do some homework on this...
It's supremely important to appreciate your slight analysis of our culture of wastage. I agree that we need to reduce the number of cars we buy - this will require alot of work since Kenyans value cars - we regard cars a mark of success; so you find one household with four cars, all headed to the city every morning! We must change our priorities. We must cut down on products that emit greenhouse gasses, we must cut down on CFCs, compressed gases in perfumes, refrigerators, etc...this headless Government must work to improve fuel usage...we must work on a better way of disposing bodies of our deceased without having to bring down trees in forests (it is unbelievable the number of Kenyans dying every month. Our disposal systems are wanting...these plastic bags are a menace to the environ, they suffocate our rivers and ponds and whatever else you may think of...I therefore agree with you (only on this) that it is our sole responsibility to improve our environment, reduce the risk of losing the Ozone layer due to its continual depletion due to our wanton actions.
I want to say that you sounded very disciple-like when you talked about the KKK fellows - yes the Kenyan version of the Ku Klax Klan! It's a pity but I think you seem to be spectating as they kiss negative ethnicity! I want to urge you to try and express yourself without seeking refuge in ad hominem! Thank you...
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Mkosakabila, UNEP does not run this country.Secondly, it doesn't mean that giving forest to communities is giving them to invade and rape and plunder...
I hope you get it a pedibus usque ad caput
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Manta Ray, it is silly to refer to Raila as their God...He is not one and he can never be one. I almost wondered whether you were aware of your thoughts at the time of writing that...Thank you!
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thank you
written by Stephen W Wainaina , January 08, 2010
Thank you everyone for your comments. I'd start by saying that this article was not very well thought through, there's many ways I could have made it better. I was really just concerned after having a discussion with one of the Imagine Editors about the Mau evictions.

Mkosakabila,
Thank you, I will read more about the REDD campaign. I was thinking along similar lines when watching the Malawian gay marriage case on television, and listening to the Yemeni Foreign Minister on CNN talking about the threat of Al Qaeda there, pleading for international aid, but also trying to make the problem look as small as he could.

Otieno Adipo,
I'm not sure you quite got what I wrote, and your reaction perhaps explains MantaRay's comment.

Let's be clear. I believe that the Mau ought to be preserved, that it's destruction must now be stopped. I believe the forest invasions are illegal, i.e. against the law. I believe in the rule of law, and therefore that these people must be shown out of the forest. I do not think this is controversial and neither was it in 2005.

When I write about consistency, I am merely pointing out that when Raila, Ruto, Uhuru and Kalonzo were battling against the Kibaki government and Amos Kimunya in 2005, they had a common position on the Mau. Raila has changed his position, the rest of them haven't. Notice I do not particularly show any preference for them. Hint here being that my statement begins with 'at least'.

Still, I maintain that the ODM then, and the Ruto, Uhuru, Kalonzo axis now are right, and Raila and the Kenyan people wrong. It is not a matter of debate whether or not we ought to evict, the question is how to carry these out, and how to deal with the evicted; who I concede again for clarity's sake, must come out of the forest.

I agree with you that Jomo Kenyatta's government committed many crimes against Kenyans. It is clear what I think ought to be done with the consequences of his misrule, especially on land distribution. This is indicated in my preferred prescription for Sammy Mwaita and Zachayo Cheruiyot who like Kenyatta abused their public positions to increase their wealth. I'll write it clearly here so we do not have any misunderstanding, I believe that such ill-gotten wealth must be given back to the public (like Kiptagich estate and factory for example). I'll be consistent and say that we all should give back such wealth, as must the Prime Minister, President Kibaki, President Moi and President Kenyatta's family. That would be true justice. I'd like to hear you say that just so I know, and Manta too knows, that you are also looking forward to a just future for Kenya, not one where Adipo has to get all fussed and defensive for his tribesman.

In closing, I'd like to say, I am persuaded that there are only two ways to achieve the restoration of the Mau (indeed a wholesale solution to our land problem) in a manner that is durable and that precludes future illegal, wealth accretion. The first of would be through the courts, the second would be through a revolution. Seeing as the revolution would be unpredictable in its consequences, and noting that a people that are happy to see peasants in the cold and rain are unlikely to seek real improvements from the post-revolutionary order, I'd much prefer that we seek a solution from the courts.

The useless civil society groups could redeem themselves thus. There's many very intelligent Kenyans in their number, these organisations also sit on enormous budgets. If they stopped looking merely to enrich themselves and instead sought to improve life for the truly suffering Kenyans, they would sue the Kenyan courts for a restitution to the Kenyan public of all the wealth that the robber class have taken off us since this state was founded.

I do not doubt that this will be a difficult case, or that victory may be long in coming, but I very much prefer it to the cynical and hypocritical rounds of condemnation and counter-accusation that we call Kenyan politics.

We join in that hypocrisy when we pick on the Mau settlers for the state of our ecology whilst living very destructive and unsustainable lives ourselves.

Happy new year everyone.
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written by mkosakabila , January 09, 2010
Wainaina: Seems there's substantial support for your thoughts re taking the Mau issue to the courts and away from our politicians. See quote below that I hived off a website:

On compensation, the law demands it. What Kenyans *should* be doing is providing the evidence necessary to nullify the titles, especially the first titles acquired from the degazettment of the forest, regardless of the complexities. The titles held by the peasants (all close to 2000 of them per Michuki) were allegedly acquired in good faith and must be respected. But that leaves the matter of non-title holders who have customary rights unresolved–they too deserve compensation.

It behoves Kenyans to start doing things *right*. There is little sense in ignoring the law just because a majority says so–shall people be governed by the whims and feelings of a revenge-seeking/blood thirsty majority? I would wish not.

Public opinion can inform the legal and technocratic process. I see no real reason why the Mau issue should continue to be driven by ODM politics. Here is a great opportunity to learn and to set governance processes straight.


As for UNEP--what were they doing holding press conferences on the Mau alongside the PM? Why would they want to let Kenyans know how much they can earn from the carbon trade after the brutal eviction of peasants? Remember, they are a global (and not Kenyan) organization. Any statements they make should be thus qualified, locating whatever data they provide within a global or at worst, regional context. They deviate from their mandate by engaging in national politics. Shame on them!
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a nation of laws
written by Stephen W Wainaina , January 09, 2010
mkosakabila,
Indeed.
The case is made for example that Sammy Mwaita as Commissioner of Lands, allocated to himself under different names, and different ID numbers, a large acreage in the Mau. Establishing fraud here would not be too difficult, indeed I wager just taking the case to court would lead to him relinquishing the land as he would not want to be exposed.

Kiptagich also provides an interesting case. For two reasons. Firstly, it is alleged by President Moi that he only owns 25% of the land/estate/factory. Proving who owns how much and how they came into it, and how proceeds from the business have been split would be very interesting, and I think it would be nice to get this uncontested 75% immediately.

But Kiptagich is more interesting for the matter of the boundaries. Where exactly are the illegal holdings? What parts of the forest are we accepting as degazetted, what parts can be most productively reforested, especially with a view to protecting the watertowers.

Someone wrote here about the lasting effect of a case like the American Scopes Monkey Trial and how a similar case here would work to influence public policy on access to shared resources, individual property rights, environmental awareness and to deter corruption.
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written by mkosakabila , January 09, 2010
The Mau forest drama is an exemplar of how NOT to resolve public policy problems.

The framing of the problem was simply disastrous. It pitted one community against the rest of Kenya, the latter of who appeared to believe that water shortages experienced in the last year, and perhaps over time, were a direct consequence of deforestation and degradation, and not a general dessication owing to changing climatic conditions for example. The evidence on that is decidely scanty. Such single cause explanations of water scarcity should be treated with suspicion if not with contempt. Indeed, tea bushes afford the soil a cover not too dissimilar from that of trees. If the larger proportions of the deforested areas were under tea (plantations or even small holdings) there is little reason to blame the inhabitants for lack of water elsewhere.

One other issue that bothers me re framing is how just one aspect (i.e water) out of a portfolio of ecosystem goods and services (eg biodiversity, livelihoods of forest-dwellers and forest-adjacent groups etc)came to assume such prominence to the exclusion of other values. It is no wonder that the framing of the solution has been so so narrow--for instance, rather than seeking to re-plant, might it now make sense to just leave it to natural regeneration? Rather than evict everyone from all the entire area, might it not make sense to partition into zones, some of which will be no touch, no go zones and others areas that can allow some kind of use (eg the tea factory) and so on.

One wonders how government will monitor and enforce exclusion given that it continues to fail miserably in doing so, more so now that the Forest Dept (or KFS)is even more understaffed than it was before. This is another thing (the first is the brutal evictions) that will potentially knock them out from receiving the wildly anticipated billions from carbon markets--the capability to monitor and exclude must be demonstrated up-front.

In the end, I hope the tyrannical majority sees this issue for what it is--one battle ground for ODMs internal power stru*gles. The PMs involvement was not accidental.



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written by mkosakabila , January 18, 2010
Some home truths regarding the potential of mau forest in the global carbon trade have been flagged above.
Below is a link to another Kenyan project that is the first in Africa to get certified for REDD.

REDD is Ready for Prime Time in Africa

Wildlife Works becomes the first REDD project in Africa to achieve CCB GOLD Validation and inks multi-million dollar carbon credit sale that brings immediate relief to drought stricken communities in Kenya.......

The Mau forest drama and intrigue disqualifies Kenya government from being a beneficiary--at least not from the Mau. That has been killed even before it gets to the table--why did they conduct those evictions they way they did? Did they not know that there are whole communities of practice, from research to advocacy, keeping close tabs on REDD and other sequestration schemes? What kinds of duds do we have in government--especially those advising the prime minister.They've really screwed him up on this! And who's that quack UNEP official who wrote the article on carbon and revenues? The UN is one place where we expected the rights (property and others) of poor and marginalized groups to be defended--not sold to the highest bidder. POOH.
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Richard Leakey
written by trrrr , January 19, 2010
According to Richard Leakey, the bulk of the encroachment and allocations inside the forest were conducted under the first Kibaki government and not even under the Moi one.

Also, interestingly, the tree-planting exercise this weekend gone, was conducted at a public primary school, inside the Mau.
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REDD and violence in Kenya and elsewhere
written by mkosakabila , January 20, 2010

Indigenous leader kidnapped and forced at gunpoint to surrender carbon rights for REDD in Papua New Guinea


This article can be found at:http://climateimc.org/en/press...der-carbon

In the article is a blurb on the Mau, as follows
Another REDD-type project, a UNEP-funded carbon forestry project in the Mau forest of Kenya has resulted in evictions and threatens the cultural survival of the Ogiek hunter-gathers. "Ordering us to leave Mau is like taking a fish out of water and expecting it to survive" said Ogiek People Development Program Director Daniel Kobei. According to REDD Monitor, "UNEP's failure to prevent the eviction of thousands of people to make way for a carbon project does not bode well for the millions of Indigenous Peoples and forest dwelling communities of the world."


Just how poisonous can the UN get? I'm not surprised really by the Kenya government, it currently being comprised of a bunch of thugs. But the UN has a very clear mandate to protect rights, especially of the poor and marginalized. UNEPs policy and law division has over the past couple of years held expert workshops aimed at more concretely incorporating human rights into environmental governance. How miserably they fail when they collude with corrupt governments with the object that such governments earn revenues at the expense of some of their constituents!
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