The Magnitude of Land in Causing Massive Human Rights Violation A Case Study of Mt. Elgon District in Kenya

ABSTRACT This study was specifically designed to evaluate the magnitude of land conflict in causing massive human rights violation; a case study of Mt. Elgon district, this particular part of Kenya has experienced a large number of human right abuses that provides a palatable ground for data collection in the subject of human rights. The study focuses to which extend land conflict is the source of human right abuses. This research report seeks to identify the various instruments that were violated. A number of literature were reviewed on different themes such as: Land as a cause of human right violation, the emergence of Sabaot Land Defense Force (SLDF), Land Titling and Conflicts, Culture and effects of land conflicts on massive Human Right violations. The researcher applied quantitative methods of data collection supplemented by qualitative. The main methods of data collection were by use of observation, Questionnaire, Interview and documentary. Data was guided by research questions, objectives, and scope of the study that covered the four divisions of the District namely Kaptama, Kapsokwony, Kopsiro and Cheptais. A sample population of 399 was selected. The study findings indicate that, despite the enormous human right violation caused by land matter there is a lot that is still demanded to gap the underdevelopment caused by Sabaot Land Defense Force (SLDF) and the Kenyan Armed Forces (KAF), beside that the govenrment of Kenya should hasten renovation of destroyed institutions like schools, hospitals, roads and begin a process of peace and reconciliation between families that engaged in the war. Finally begin a process of settling them through the process of land distribution that has been deferred over 30 years. The government should Note that postponing today’s program is adding tomorrows burden.

 TABLE OF CONTENTS

Title page

Declaration

Dedication iii

Acknowledgement iv

Table of contents

Tables ix

Figures

List of abbreviations and acronyms

Abstract

CHAPTER: ONE INTRODUCTION . . 1

1.1 Background

1.2 Statement of the problem 2

1.3 Purpose of the study 2

1.4 Objective ofthe study 2

1 .5Research questions 3

1.6 Scope ofthe study 3

1.7 Significance of the study 4

CHAPTER TWO: LITERATURE REVIEW 6

2.1 Introduction 6

2.2 The root causes of land conflict 6

2.2.1 Struggle for scarce Land 8

2.2.2 Emergence of Sabaot Land Defense Force (SLDF) 12

2.2.3 Ethnicity 12

2.2.4 Land Titling and Conflicts 15

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2.2.5 Culture .15

2.2.6 Politics 16

2.3 The effects of land conflicts on massive Human Rights violations 19

2.3.1 Torture! Acts of Inhuman Degrading Treatment /Injuries suffered 21

2.4 The Roles ofNGO’s and foreign partners 27

2.4.1 Development and Operation of Infrastructure 28

2.4.2 Supporting Innovation, Demonstration and Pilot Projects 28

2.4.3 Facilitating Communication 28

2.4.4 Technical Assistance and Training 29

2.4.5 Research, Monitoring and Evaluation 29

2.4.6 Advocacy for and with the Poor 29

CHAPTER THREE: RESEARCH METHODOLOGY,,,,, ,, ..,. .

3.1 Introduction 30

3.2 Research Design 30

3.3 Area and population 30

3.3.1. Area of study 30

3.3.2. The population of study 31

3.4 Sample size and sampling technique 31

3.4.1 Tabulation of sample size 32

3.5. Research instruments 33

3.5.1 Questionnaire method 33

3.5.2 Interview method 33

3.5.3 Observation method 34

3.5.4 Documentary 34

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3.6 procedures for data collection 34

3.7 Data Quality control 35

3.7.1 Data Validity 35

3.7.2 Data Reliability 35

3.8. Data processing and analysis 36

3.8.1 Data processing 36

3.8.2 Data analysis 36

CHAPTER FOUR: DATA PRESENTATION, ANALYSIS AND INTERPRETATION 37

4.1 Introduction 37

4.2 Demographics 37

4,3 Causes of massive Human Rights violation 41

4.4 The impact of SLDF, Security officers 42

4.4.1 Torture 44

4.4.2 Gender distribution on impact of torture 45

4.4.3 Geological extend of the Torture Survivors across the District 46

4.5 Human Rights Violations in Mt. Elgon District 48

4.5.1 Socio-economic 48

4.5.2. Scarcity of Water and Sanitation 49

4.5.3. Poor health due to insecurity 50

4.5.4. Education 51

4.5.5 Politics on Land 52

4.5.6. Destruction of Property 52

4.5.7 Environmental consequences 55

4.5.8 Termination of life 57

4.6 The Role and challenges of NGO’S and the government 63

CHAPTER FIVE: DISCUSSION, CONCLUSION AND RECOMMENDATION ~.67

5.1 Discussion 67

5.1.1 Causes of Human rights Violation in Mt Elgon District 67

5.1.2 The effect of Land conflict on Human Rights Violation 67

5.1.3 The Impact of SLDF and security officers 68

5.1.4 The Role ofNGO’s and the government in gapping the effect 68

5.2 Conclusion 70

5.3 Recommendations 72

5.3.1 To Land conflicts 72

5.3.2 To Human rights Violators SLDF and security officers 72

5.3.3 To the NGO’s, Kenya’s Foreign Partners 76

5.4 Limitations 76

5.5 Future Areas of Research 78

REFERENCES 79

APPENDIX I: Questionnaire 84

APPENDIX II: Interview guide 87

APPENDIX III: Sample size(s) required for the given population sizes (N) 88

APPENDIX IV: Map of Mt. Elgon that shows Number of Displaced persons 89

APPENDIX V: Universal Declaration of Human Right 90