Anda di halaman 1dari 19

30th March 2016.

To The Cabinet Secretary,


Ministry Of Interior and Co-Ordination of National Government - Nairobi
Priority: Urgent!
Dear Sir,
RE: PETITION AGAINST THE SEIZURE OF SAMATAR (SUB-LOCATION) AND
FORCE OCCUPATION AT HINJIR OF HADADO SOUTH FROM ADEMASAJIDA
WARD BY ATHIBOHOL/HADADO WARD.
STATE BUILDING, PEACE BUILDING AND SERVICE DELIVERY
Strong, independent, impartial and accountable State organs and structures that
guarantee citizen security, justice, and opportunities for all is crucial to breaking
cycles of marginalization, poverty, disharmony and insecurity among communities.
Strong, transparent and corruption-free government institutions help in building
state capacity, reciprocal state-society relations and state legitimacy.
The National as well as County government services are all-important peacebuilding and State-building functions but also carry risks of corruption, conflict,
and elite capture shifting the onus from peace, development and stability to
conflict situations while diminishing State authority in resolving those conflicts.
If the State (the very arbiter and authority) becomes the central actor that plays
party in perpetuating illegal expropriation of land and manipulation of political and
administrative boundaries at the behest of cruelly aggressive politicians driven by
expansionist agenda, then feelings of discontent set in. Failure by the State organs
to live up to its mandate of ensuring justice and development opportunities for all
its citizens only serves to further marginalise sections of its citizens politically,
socially and economically, diminish its public confidence and finally leading to civil
unrest and anarchy.
SAMATAR SUB LOCATION (GAZETTE NOTICE NO. 366) AND HINJIR
SETTLEMENT ARE IN ADEMASAJIDA WARD AND NOT IN
ATHIBOHOL/HADADO WARD
Samatar Sub Location unequivocally forms part of Kanjara location of Ademasajida
Ward, both politically and administratively. The gazette notice that established
Samatar sub-locations under Athibohol/Hadado Ward is tantamount to transfer of
the same land from Ademasajida Ward to Athibohol/Hadado Ward which is both
illegal and ill-advised and contrary to the IEBC map that acknowledge both
Samatar and Hinjir are in Ademasajida Ward. This haphazard manipulation of
boundaries with total disregard for the law poses a high potential to provoke
violence among the neighbouring communities.
The simmering tension between Ajuran and Degodia residing in these two
neighbouring wards is often associated with Ajurans presumed marginal influence
in the matters of Wajir West Sub County. Ademasajida has been and continues to
Page 1 of 19

be a geographically and politically marginalized periphery as a result of its ethnic


minority status in Wajir West Constituency.
It is significant to note that Ademasajida Ward massively voted for the JUBILEE
coalition (for the presidential and gubernatorial candidates) whiles the rest of the
sub county and most county voted for CORD coalition. Ademasajidas side-lining
from the mainstream Wajir West Sub County development agenda (particularly
CDF) by the successive political regimes is self-evident and explains for the
widespread and illegal seizure of their land facilitated by the CDF coffers and
manipulation of government machinery using the CDF and other public resources.
Lolkuta North sub location and other proliferation of illegal settlements draw their
existence from orchestration of the belligerent and expansionist tendencies by our
neighbours and their leadership with the aid of these public funds. Lolkuta North
sub locations physical locations contravene both political and administrative
boundaries. The trend is still underway with a more refined script and vigour. If the
gazette notice that established Samatar as a Sub Location under
Athibohol/Athibohol Ward is implemented, the same precedent shall be used, as
has been in the past, to gazette Hinjir as a Sub Location under Athibohol/Hadado
Ward. This is despite the promulgation of the New Constitution and many other
laws that guarantees all Kenyans rights to existence and political identity.
In view of the above, we the hereunder mentioned elders (annexed) and local
leaders drawn from Ademasajida Ward would like to present our humble petition to
your Honourable office with a view to seek your urgent intervention in brewing
land row between Ademasajida and Athibohol/Hadado Wards over an ill-advised
gazette of Samatar Sub-location and massive encroachment into Hadado South
location at Hinjir area by people from Hadado North Location.
Our petition is in reference to the gazette notice (vide GAZETTE NOTICE NO. 366)
on 22'd January, 2016 by Maj. Gen, (rtd) JOSEPH NKAISSERY, Cabinet Secretary,
Ministry Of Interior and Co-ordination of National Government, that established
through an irregularly planned and ill-advised gazette notice that created Samatar
Sub-location among other units, as a National Government Service Delivery Coordination Unit in Athibohol/Hadado Ward, Wajir West Sub-County.
Through our petition, we also express our utter dissatisfaction with the department
of National Registration Bureau for the seeming infiltration by quotas out to
disenfranchise our rights to registration as citizens of Kenya.
We are contesting against the transfer of Samatar sub-location from Ademasajida
Ward to Athibohol/Hadado Ward since there is no such proposal that has ever
emanated from our Ward. Samatar forms part of Guticha sub-location of Kanjara
location, while Hinjir is an area within Hadado South Location, politically and
administratively all within borders of Ademasajida Ward.
This gazette notice follows illegal precedents set in the past, where sub-locations
and locations have been gazetted theoretically under Hadado Division both
politically and administratively but their actual settlements sites established inside
Ademasajida Ward/Division borders.
Page 2 of 19

The following settlements/sub-locations/locations actual sites and their


political/administrative jurisdictions are not in harmony. While their actual sites-are
situated in Ademasajida DivisionlWard borders, they are officially under Hadado
division both administratively and politically.
1. Lolkuta North Sub-Location
2. Baragothey Sub-Location
3. Hinjir (forced occupation inside Hadado South Location earmarked for
elevation to the status of a sub-location under Hadado North Location
evidenced by on-going constructions of structures and settlement in the
area) which was started 6th January 2016.This is a contravention of the ban
imposed by Regional Commissioner on all new settlements during his recent
visit to Wajir county
4. And now Samatar gazetted as an administrative unit under
Athibohol/Hadado Ward.
5. And next Hinjir gazetted as an administrative unit under Athibohol/Hadado
Ward
6. And on and on until nothing remains of Ademasajida Ward in Wajir West Sub
County/Constituency
Confusion and overlap between administrative and electoral boundaries only
serves to exacerbate bitter competition and fuel gory conflicts and sure recipe of
chaos.
We see gazettement of Samatar as a sub-location under Athibohol/Hadado
Division and occupation of Hinjir (and subsequent gazettement under similar
circumstances) as a systematic state sanctioned lobbyist to gulp these areas into
their fold.
Ademasajida Ward is facing a massive and well-choreographed encroachment
crusade by way of manipulation of government machinery to mutilate the original
political and administrative boundaries by the political leadership of our
neighbours using public county and national resources at their disposal.

Page 3 of 19

IDENTITY CRISIS NATIONAL IDENTITY CARD

Page 4 of 19

Page 5 of 19

Page 6 of 19

Page 7 of 19

INCONSISTENCY IN THE ADMINISTRATIVE UNITS - IDENTITY CARD


APPLICANTS DETAILS
While members of Ademasajida Ward enjoyed least services in the provision of this
vital document compared to other wards in the county, there is a new twist in
what is seen as a deliberate campaign to obliterate the existence of Ademasajida
administrative units off the map of Wajir West Constituency.
The Department of National Registration Bureau have joined this conspiracy and
grand scheme in bowing and succumbing to the pressure of lobbyist in
marginalizing and alienating our community. They have denied the community
their citizenship rights by deregistering Location and Sub Location codes and
instead registering our applicants under Hadado North and Arbajahan,
Baragothey, Arbajahan etc. Their details are mixed up showing a location in
Ademasajida listed as under Hadado or Athibohol or Arbajahan Divisions.
Our earlier efforts to seek corrections from the Registrar of Persons office in Wajir
County on these anomalies were in vain.
This misrepresentation of facts of locality and administrative jurisdictions on the
applicants identity cards of our youths have affected their chances for securing
jobs as their exact locations and sub locations have been distorted. This may be a
clever but treacherous ploy by our adversaries to distort our identity and enjoy
unfair advantage in jobs and other resources sharing.
Additionally, politicians collude with government officials to give aliens Kenyan
nationality illegally through issuance of ID cards. Ajurans living in Wajir West
Constituency have borne the brunt of these influxes of aliens, whose effects
include this endless encroachment push from our neighbours.
Ademasajida Division existed since 2008. Due to political interference from our
neighbors, we had only two (2) District Officers served for a very short period
making us always to depend on neighbouring divisions of Hadado and Lagbogol
thus making service delivery by these acting officers skewed in favour of our
neighbours.
For your information, prominent personalities hailing from Athibohol/Hadado Ward,
believed to harbour direct interests in these tugs-of-war include Ahmed Abdullahi Governor Wajir County, Hon. Abdikadir Ore MP Wajir West Constituency, Eng
Abdullahi Sharawe Commissioner IEBC, Former TSC Chairman Ibrahim Hussein
and many others.
NEGLECT BY THE STATE
Neglect by the state has led to increased simmering of tensions and eruption of
violence between Ajuran and Degodia clans. It is only a matter of time before a
new wave of fights exploded if the government machinery continues to play party
and yielded to manipulation by elites and lobby groups to execute unjust schemes.
The Boiling Equation Between the Two Sides (Ademasajida And Athibohol/Hadado
Wards), ADD State Complicity in Meting Injustices and LESS State Readiness to
Page 8 of 19

Resolve the Conflict = Loss of Public Confidence in the Government and More
Chances for Violent Conflicts.

HEREFORE, we humble petitioners Pray


1. That this petition be dealt with immediately in view of the urgency and
gravity of the issues raised
2. That the National Registration Bureau corrects this anomaly and ensure our
youths are issued with national identity cards with the correct details of
their Sub Locations, Locations, Divisions and Districts
3. That National Government de-gazettes the notice (No. 366) that established
the new National Government Delivery Co-ordination Units as they
undermine and erode the political, social and economic rights of the people
of Ademasajida Ward and other affected communities in Wajir West Sub
County.
4. That a full audit of the validity of the entire process of the creation of
Samatar as a National Government Service Delivery Co-ordination Units
under Athibohol/Hadado Ward. The minutes and other documents in our
possession reveal the following gross inconsistencies
a. The purported leaders meeting (as listed in the minutes) that approved
the proposals for the upgrading and creation of the new administrative
units acted in ultra vires. The process of gathering the proposal was
irregular, and not properly carried out by the right structures and done
with no consultation with the relevant stakeholders.
b. Furthermore our local leaders (MCA, chiefs and elders) whose names
were listed as attendants have denied attending the meeting or
knowledge of the same.
c. ACCs John Maina Kariuki and Benson Mbithi reported to their stations
(Ademasajida and Lagbogol Divisions respectively) in December 2014.
Ridiculously, they are listed as having attended and approved the
upgrading and creating new National Government Service Delivery Coordination Units in October 2013, over one year long before they
reported to their respective stations
d. The minutes are purported to have been confirmed by the DCC Wajir
West Sub County. However, a close scrutiny reveals the signature is
found to be a simulation of the true signature of the DCC Omar Dima
e. According to the minutes, Jagahir, Orahey, Garwene, BusBus, Baaji
and Shandarua were proposed and approved as Locations, while
Samatar, Bula Rasmi, Degayar, Biliq, Buriya, Eyale, Jiriqo, Yago, Sankay
Bagalla, Garsan were proposed and approved as Sub Locations. However
in the gazette Notice No. 366, Bula Rasmi, Degayar and Sankay Bagalla
were gazetted as Locations contrary to the approved proposal in which
they were slated for Sub Location status.

Page 9 of 19

The table below shows an absurd, shameful and high level of conspiracy of
manipulation and abuse of the state machinery in irregular creation of new
administrative units in Wajir West Sub County. This is an indictment on the state
for allowing such malpractices perpetuated against its own civilians.
Name of
Proposed
Location/Sub
Location

Approved as (in
the Leaders
Meeting)

Gazetted
as

Remarks

1.

Jagahir

Location

Location

2.

Garwene

Location

Location

3.

Baaji

Location

Location

4.

Samatar

Sub Location

5.

Bula Rasmi

Sub Location

Sub
Location
Location

6.

Degayar

Sub Location

Location

7.

Sub Location

Location

8.

Sankay
Bagalla
Orahey

Status/Designation Not
Changed
Status/Designation Not
Changed
Status/Designation Not
Changed
Status/Designation Not
Changed
Status Changed From Sub
Location to Location
Status Changed From Sub
Location to Location
Status Changed From Sub
Location to Location

Location

9.

Bus Bus

Location

10.

Shandarua

Location

11.

Biliq

Sub Location

12.

Buriya

Sub Location

13.

Eyale

Sub Location

14.

Jiriqo

Sub Location

15.

Yago

Sub Location

16.

Garsan

Sub Location

Not
Gazetted
Not
Gazetted
Not
Gazetted
Not
Gazetted
Not
Gazetted
Not
Gazetted
Not
Gazetted
Not
Gazetted
Not
Gazetted
Page 10 of 19

f.

And the question begs, why did only a handful of approved locations
gazetted? What criteria were used to the select the few units for
gazettement from among the rest?
5. That the National Government rescinds the decision to annex Samatar and
Hinjir areas to Athibohol/Hadado Ward.
6. That the National Government freezes with immediate effect all on going
settlement at Hinjir. Tensions are already reigning high along the frontiers of
these two neighbouring wards following encroachment on Ademasajida
lands by Hadado North residents.
7. That the National Government takes immediate steps to synchronize
Lolkuta North and Baragothey Sub-locations/settlements' sites with their
political and administrative maps in order to minimize potential for conflict.
8. That the National Government assures Ademasajida community are
protected against all acts of belligerence and encroachment by way of
abuse of state machinery.
9. That the National and County governments acts in the best interests of all
its citizens irrespective of geographical, ethnic, political or other affiliations.
10.That all state organs strictly adhere to and follow the principles of all
relevant Kenyan laws, mutual confidence, equal partnership, transparency
and predictability, in a spirit that would facilitate friendly relations among
neighbouring communities and fairness-in delivery of government goods
and services.

In conclusion, we take this opportunity to reiterate our full and unreserved support
for all government measures and institutions that promote peace and security in
our county and country by extension. We are peace loving citizens who shall
always remain steadfast in abiding by all laws of Kenya and maintaining law and
order. In equal measure, we deserve protection against expansionist politicians
hell-bent to create chaos and upheaval between neighbouring communities. We
believe in the eternal and universal premise of a government of the people, by the
people, for the people, true for Kenya, the Jubilee Administration, HE President
Kenyatta and the people of Ademasajida Ward.
We look forward to your office to intervene in this politically instigated invasion
before it escalates into a security crisis.
Warm regards
Local leaders and Elders (SEE THE ANNEX)
Ademasajida
Ward Wajir County
CC

Regional Commissioner Northern Region


The County Commissioner Wajir County
The Governor Wajir County
Page 11 of 19

National Registration Bureau Email: director.nrb@kenya.go.ke


MP Wajir West
Deputy County Commissioner Wajir West Sub County
Chairman - IEBC Email info@iebc.or.ke
MCA Ademasajida Ward
MCA Athibohol/Hadado Ward
Assistant County Commissioner Ademasajida Division
Chiefs Hadado South - Lolkuta South - Kanjara Ademasajida

Page 12 of 19

Page 13 of 19

Page 14 of 19

Page 15 of 19

Page 16 of 19

Page 17 of 19

Page 18 of 19

Page 19 of 19