Oil prospects fuel disputes between Elgeyo Marakwet clans

By Fred Kibor and Edwin Cheserek

Hopes of oil being discovered in Elgeyo/Marakwet County has split local clans down the middle. The clans are now engaged in disputes over land.

Tullow Oil, which has already found commercially viable oil in Turkana County, has indicated that Kerio Valley in Elgeyo-Marakwet also has the black gold.

An aerial survey by the company revealed that the Kerio Valley table crossing through Keiyo and Marakwet districts could have abundant oil resources.

This announcement gave rise to numerous claims to land in the semi arid valley, most of which is trust land owned by clans.

Lack of titles for the parcels of land has compounded the situation that is threatening to get out of hand should Tullow confirm the commercial viability of oil in the area.

Clans that have been engaged in tussles in Keiyo, include Kongot, Kayoi and Setek.

Each is laying claim to a strip of land along the Kerio River on the Keiyo side, where oil is believed to lie.

The dispute has led to street protests, with members of Kongot clan laying exclusive claim to the land that extends from Kerio River down to the Elgeyo escarpment.

Boundaries dispute

One of Kongot’s clan elders, 78-year-old Joseph Tunoi, says members of a rival clan invaded it soon after Tullow ventured into the area. He said the rival clan wants to grab more than 500 hectares of land from where they reside.

Tunoi said that whenever they visit the land, they are attacked by people wielding bows and poisoned arrows.

“Several of our clan members are nursing serious arrow wounds. It is high time the government steps in and solves the matter as soon as possible to avert loss of life,” said Tunoi.

He said they do not understand how the land was transferred to another clan yet they are the bona fide owners.

“We know our boundaries by the stones which were placed by our ancestors,” said Tunoi.

Most of the land in Kerio valley is owned communally through clans. Stones were placed strategically to mark the boundaries.

But some residents have arbitrarily removed them and extended the borders, making it a recipe for conflicts.

Mzee Nicholas Kiptanui, another Kongot clan member, said the quest to recover their land back was not motivated by the expected oil exploration in the area.

“Our fathers have died while fighting to have the land back and we do not want the same fate to befall our children. The government should stick to rules governing communal land and find a truce into this matter,” said Kiptanui.

Legal agreements

On their part, the Kayoi clan said they were surprised when the Kongot fenced off several acres of their land claiming it belonged to them.

Daniel Chesire said the Kongot disregarded the features demarcating the land and intruded.

“History is very clear on this. There must be respect to the boundaries erected by our forefathers. The true owners of the land are known,” he said.

In Marakwet, oil deposits are said to lie in Chesuman and Arror locations where disputes of a different kind have  also arisen.

A section of Marakwet leaders want Tullow Oil barred from accessing the area until a legal agreement is signed while others, who stake claim on the land, want the firm to be allowed to carry out oil exploration.

Arror County Representative Christopher Kibor wants the community to be involved at all stages before the firm is allowed to start exploration to avert future controversies.

“The community is the stakeholder and it should be involved in decision making because ignoring them will attract protests from the residents,” he said.

He claimed that some “individuals with vested interests” have colluded with brokers to sell the community land to the international oil firm without the consent of the people.

Mr Kibor however said the community is not opposed to the project but wants issues like occupational hazards and employment opportunities discussed.

“We also want an Environmental Impact Assessment (EIA) to be done on the likely impact of the oil explorationin the area,” he advised.

Tullow, which struck commercially viable oil in Ngamia area of Turkana County, is giving out scholarships through the provincial administration to students from poor families in areas where oil has been discovered.

Marakwet MP William Kisang said there is a stalemate between the community and Tullow over the exploration of oil in the area, but remains optimistic that the issues raised will be resolved soon.

“The company wanted the elders to append their signatures giving them temporary access to the area, but this was rejected until proper consultations are carried out between the parties involved,” he disclosed.

Compensation

Local leaders have held talks with Tullow officials to discus issues of compensation and other binding agreements.

Authorities, worried by the feuds between the clans, say the misguided opinion on the possibility of finding oil in their lands have fanned the conflicts with many residents holding out for hefty compensation.

Keiyo North DC Moses Lilan said it is too early to make conclude that the area is rich in oil deposits.

He said Tullow Oil is carrying out seismic exploration before analysing the data, which may take several years for the results to be released.

“It is premature for the residents to think that oil has already been found and begin scrambling for land,” said the administrator.

Lilan said they have been resolving disputes between clans  over land boundaries almost on a daily basis.

He asked the Ministry of Lands to quickly identify owners of the parcels of land to avoid conflicts.

He said they are holding a series of sensitisation forums in the region to forestall the infamous oil curse arising from conflicts.