MEMORANDUM FROM SENGWER OF KENYA - PART 4

 

PART 1 , PART 2 , PART 3 , PART 4 , CODE LIST FOR 1989 POPULATION CENSUS

 

Index of this compilation

ANNEX I

MAP OF KENYA

RESOURCES

 

ANNEX I

CHERANG'ANY OF WEST POKOT (MEMORANDUM) - (COMMUNIQUE) 11-4-1966

We arrived at Mr. Erick Cheserek on Friday at 10.00 a.m.

POINTS THAT WERE DISCUSSED ARE:


1. (a) We want both Cherang'any of West Pokot and Elgeyo Marakwet to meet and have their full meeting. 

(b) We want a commission or inquiry to come and adjust the boundaries of the following districts Trans Nzoia, West Pokot and Elgeyo and Marakwet and attend the complains of Cherang'any from both mention districts. 

2. We want both District Commissioners of above Districts and all members of parliament with the following officers:

(a) D.A.F. Officer 

(b) Tambach Forest Officer 

(c) Kitale Forest Officer 

(d) Settlement Scheme Officer of Kitale 

To meet on this issue of Kipsoen of Kapolet Crown Land. 

Also a selection committee should be, even distributed with West Pokot, Elgeyo Marakwet, Trans Nzoia and Cherang'any from both Districts. 

3. Anybody who is brought to Cherang'any crown land of Kabolet of Kipsoen from outside Cherang'any must go through selection committee where majority of the members are Cherang'any by Origin. 

4. Failure of which on steps are taken delegation to see the Minister for Land Settlement is essential. 

5. Failure from getting satisfactory practical reply from the Minister concern will mean that seeing the President of the Republic of Kenya on this Vital issue. 

This issue is from Cherang'any of West Pokot and Elgeyo Marakwet districts. 

 

MAP OF KENYA



Proposed by: 

1. Mr. Krop Psitot 

2. Mr. Daniel Pkeiyo 

3. Mr. Wilson Cheruiyot 

4. Mr. William Kisang 

5. Mr. Kachaluk Pchana 

6. Mr. Arap Kitilit 

7. Mr. Kisapit Mamit 

8. Mr. Joseph Kimaiyo 

9. Mr. Kapelio Psakas 

10. Mr. Pchoke Psitot 

11. Mr. Cheruitich Yano 

Copy: 

D.C. West Pokot 

D.C. Trans Nzoia 

D.C. Elgeyo - Marakwet 

D.A.F.O. Kitale 

D.A.F.O. Elgeyo - Marakwet 

Senator Marakwet 

M.P. West Pokot 

Senator West Pokot 

M.P. Elgeyo - Marakwet 

Mr. Krop Psitot 

Mr. William Kisang 

Mr. Wilson Cheruiyot 




RESOURCES

[1] "Katika Constitution, katika katiba mpya, Serikali yenu imeahidi kwamba kila sehemu ya nchi kama ni ya Maasai itakaa kama ilivyo ikitawaliwa na Maasai wenyewe …Kama ya Wanandi, Wanandi ndio watatawala nchi yao, hiyo ni kusema ardi yao. Hakuna mtu kutoka inje kwenda kunyakuwa mali yao. Mashamba yao ni shauri yao kujua watafanya nini nayo"

[2] District Commissioner Elgeiyo/Marakwet, Tambach, Report dated 11^th October 1927

[3] Arap Kamussein, Sengwer chief, giving evidence before the Carter Land Commission on 2^nd October 1932 at Mr. A.C. Hoey farm

[4] Assistant District Commissioner, Marakwet, letter to the Provincial Commissioner, Naivasha on 1^st October 1918

[5] Kenya Land Commission report 1932

[6] Kenya Land Commission report as stated by Sengwer chief Arap Kamussein at A.C.Hoey's farm on 2^nd October 1932. 

[7] Kenya Land Commission of 1932 and colonial District Commissioners monthly and yearly reports

[8] Evidence given by Mr. C.H. Adams acting Provincial Commissioner Rift Valley Province before the Kenya Land Commission in 1932

[9] Mr. H.C. Kirk giving evidence before the Kenya Land Commission on 8^th October 1932

[10] Mr. A.C. Hoey giving evidence before the Kenya Land Commission on 3^rd October 1932

[11] Kenya Land Commission report 1932

[12] Sengwer chief Arap Kamussein before the Kenya Land Commission on 2^nd October 1932

[13] Kenya Daily Nation, Opinion pg. 9, by Mr. John Kamau - editor Rights Features Service, dated 1^st May 2002

[14] Mr. P. Booth, Agricultural Officer of Trans Nzoia, Kitale, giving evidence before the Carter Land Commission at Mr. Hoey's farm on 3^rd October 1932

[15] Mr. A.C. Hoey giving evidence before the Kenya Land Commission on 3^rd October 1932

[16] Captain M.R. Mahony District Commissioner, West Suk, comments during a meeting in Kapenguria on 17^th September 1935.

[17] Mr. C.B. Thompson, Officer in Charge, Turkana district Dated 17^th September 1935

[18] Memorandum by Mr. C.H. Adams acting Provincial Commissioner Rift Valley to the Kenya Land Commission of 1932

[19] Mr. H.E. Welby, Provincial Commissioner, Rift Valley on 8^th March 1933

[20] Chairman, Carter Land Commission, comments on Sengwer land grievances through their headmen Arap Kamussein and Kipsagas Arap Kabelio, on 2^nd October 1932

[21] ILO Convention on Indigenous and Tribal Peoples, 1989 (NO. 169)

[22] Back to land speech on 11^th September 1964 by the late President of Kenya(J. Kenyatta)

[23] Kenya Land Commission report of 1932

[24] Mr. C.H. Adams', District Commissioner, letter to the Provincial Commissioner, Kerio on 15^th December 1925

[25] Assistant District Commissioner in charge, Elgeyo and Marakwet in a letter to Provincial Commissioner, Kerio, dated 21^st January 1926

[26] Arap Kamussein, Sengwer Chief, giving evidence before the Kenya Land Commission at Mr. Hoey's Farm on 2^nd October 1932.

[27] The Provincial Commissioner, Kerio, in his letter to the Chief Native Commissioner, dated 3^rd May 1926

[28] Kenya Land Commission report 1932

[29] H.R. Carver, District Commissioner, Tambach, letter to District Commissioner, Kapsabet, Nandi in Cherangani Report, on 16^th September 1936. Ref. No. ADM/15/2

[30] Mr. Kipsagas Arap Kapelio, Sengwer Headman, giving evidence before the Kenya Land Commission in 1932

[31] Monthly Intelligence Reports for November 1938 and March 1939 from DC's office Tambach to Hon PC Rift Valley dated 5^th December 1938 and 8^th April 1939, respectively.

[32] Ass. Conservator of Forests letter (Natives in Kapolet Forest) to the district commissioner Kitale on 7^th January 1943. Ref. No. 12/17/16

[33] Assistant District Commissioner, Marakwet, letter to the Provincial Commissioner, Naivasha, on 12^th August 1915

[34] Memorandum Regarding the Movement of Certain Cherangany Dorobo From Marakwet District to West Suk (1934 -1935).

[35] Memorandum Regarding the Movement of Certain Cherangany Dorobo From Marakwet District to West Suk (1934 -1935).

[36] Monthly Intelligence Report of March 1939 and September 1939. Signed by Mr. W.H. Hale, DC Tambach to PC Rift Valley. Dated 8^th April 1939 and 14^th October 1939

[37] Kapchepororwo, Kapchepar (Kaptoyoi), Kapumpo, Kaptogom, Kapcherop, Kaki-sango, Kimarich (Kamosus), Kapsormei (Kapseto), Kapteteke, Kipsirat, Kamengetiony (Kopoch & Kapkotet), Kaplema and Kamesieu 

[38] Evidence given by Mr. C.H. Adams acting Provincial Commissioner Rift Valley Province before the Kenya Land Commission in 1932

[39] Assistant District Commissioner in charge, Elgeyo and Marakwet in a letter to Provincial Commissioner, Kerio, dated 21^st January 1926

[40] Mr. A.C. Hoey giving evidence before the Kenya Land Commission on 3^rd October 1932

[41] Mr. A.C. Hoey giving evidence before the Kenya Land Commission on 3^rd October 1932

[42] International Convention on the Elimination of All Forms of Racial Discrimination, Part I, Article 1.1

[43] General Recommendation XXIII adopted by the Committee on the Elimination of Racial Discrimination - Fifty-first session, 1997 - document A/52/18

[44] Memorandum by Mr. C.H. Adams acting Provincial Commissioner Rift Valley to the Kenya Land Commission of 1932

[45] Mr. A.C. Hoey giving evidence before the Kenya Land Commission on 3^rd October 1932

[46] "Torture" means any act which severe pain or suffering, whether physical or mental…. for such purposes as intimidation of any kind,….or for any reason based on discrimination of any kind…"

[47] Universal Declaration of Human Rights, article 5

[48] Sengwer elder, the late Mr.Daudi C. Maina before Mr. Peter Lagat former District Commissioner West Pokot on 1^st October 1986

[49] Memorandum and letter sent to Hon. President Jomo Kenyatta dated 16^th July 1963, signed by Mr. William Kisang' 

[50] Letter sent to Ms A. Brazeal American Ambassador to Kenya, signed by Dickson K. Rotich among others.

[51] Letter from the Civil Secretary, Rift Valley Region, to Mr. William Kisang'(Sengwer Elder), dated 15^th October 1963

[52] Part of speech delivered by Hon. Dr. Noah Wekesa, M.P. for Kwanza Constituency during Kenya Land Review Commission at Kitale Museum Hall on 27^th October 2000

[53] Speech of the Founding Father, the late President J. Kenyatta when he was a Prime Minister about the independent constitution when he arrived from Lancaster on 5^th February 1962

[54] "…the Cherangany from forest areas in question should move to Suk…they should become entirely merged in the Suk, Subject to Suk Chiefs, Headmen, Tribunals, Law and Custom"…. Mr. C.B. Thompson, Officer In-Charge, Turkana District (17^th October 1932)

"I agree then the recommendation reported in the prescription that - wherever possible the Dorobo should become members of and be absorbed into the larger tribe which they have most affinity.". Memorandum by Mr. C.H. Adams acting Provincial Commissioner Rift Valley to the Kenya Land Commission of 1932

[55] Letter to the then Head of Civil Service and Secretary to the cabinet, Dr. Richard Leakey, on 4^th November 1999 by Leleu Laima, W.K.Kipkwen and B.R.Ngesemwo

[56] Declaration of Philadelphia (1944)

[57] Universal Declaration of Human Rights, Preamble(para.1)

[58] Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities, Article 1

[59] International Convenant on Civil and Political Rights, Article 27

[60] Rio Declaration on Environment and Development, Principle 22

[61] A nation is a group of people who feel themselves to be a community bound together by ties of history, culture, and common ancestry(International Politics on the World Stage a) 

[62] Commission on Human Rights, Sub-Commission on Prevention of Discrimination and Protection of Minorities, forty-sixth session, Item 15 of the provisional agenda, E/CN.4/Sub.2/1994/2/Add.1 - Technical Review of the United Nations draft declaration on the rights of indigenous peoples, article 7

[63] ILO Convention No. 169, Article 17.3

[64] ILO Convention No. 169, Article 16.3

[65] ILO Convention No. 169, Article 16.4 

[66] Letter from British High Commission Nairobi, signed by Mr. Jonathan Bradbury, dated 11^th November 1997

[67] The Whitehorse conclusions and recommendations on indigenous land rights and claims - The United Nations Expert Seminar on Practical Experiences Regarding Indigenous Land Rights and Claims meeting at Whitehorse, Canada from 24^th to 28^th March 1996

[68] International Covenant on Civil and Political Rights, Part I, Article 1.1

[69] Commission on Human Rights, Sub-Commission on Prevention of Discrimination and Protection of Minorities, forty-sixth session, Item 15 of the provisional agenda, E/CN.4/Sub.2/1994/2/Add.1 - Technical Review of the United Nations draft declaration on the rights of indigenous peoples, article 3

[70] ILO Convention No. 169, Article 1.2

[71] ILO Convention on Indigenous and Tribal Peoples, 1989(NO.169), pg. 10

[72] ILO Convention No. 169, Article 15.1

[73] Mr. A.C. Hoey, giving evidence before the Carter Land Commission on 3^rd October 1932

[74] ILO Convention No. 169, Article 16 provides the rules to be followed for consultations:

a) Peoples Concerned: Those who will be affected by a specific measure. For instance, when a highway which will pass through indigenous villages is being planned, then these same villages have the right to be consulted and given an opportunity to let the authorities know what they think of this scheme. They may have alternatives to suggest.

b) Appropriate Procedures: The way in which the concerned people are consulted depends on the circumstances. For consultation to be 'appropriate' it must meet the requirements of each specific situation, and must be meaningful, sincere and transparent. For instance, in the case of the proposed highway, it is not sufficient to talk to a few village members only. A closed meeting with selected persons who do not represent the majority view is not "true" consultation.

c) Representative Institutions: This can include traditional institutions, e.g. councils of elders, village councils, as well as contemporary structures such as indigenous and tribal peoples' parliaments or locally-elected leaders who are recognised as true representatives by the community or people concerned. It will be different in every case. 

[75] Such measures include, for example:

a) Amendments to the National Constitution;

b) Initiating projects within indigenous peoples territories;

c) Land rights degree or procedures for obtaining land titles;

d) Any public policies affecting indigenous peoples;

[76] ILO Convention No. 169, Article 6.1

[77] The Whitehorse conclusions and recommendations on indigenous land rights and claims - The United Nations Expert Seminar on Practical Experiences Regarding Indigenous Land Rights and Claims meeting at Whitehorse, Canada from 24^th to 28^th March 1996

[78] On 3^rd June 1992 the High Court of Australia handed down its historic decision in Mabo v The State of Queensland (No 2). The High Court rejected the view that Australia was terra nullius at the time of European colonisation and held that the common law of Australia recognises a form of native title to which radical title of the Crown is subject. - Report submitted by the Aboriginal and Torres Strait Islander Commission to the United Nations Committee on the Elimination of Racial Discrimination (February 1999).

[79] Equality in Employment and Occupation, pages 116 - 117

[80] Indigenous Peoples, Racism and The United Nations, Pg. 107..quote from Victor Hugo

[81] Declaration on the Promotion among Youth of the Ideals of Peace, Mutual Respect and Understanding between Peoples, Principle III

[82] See article 37, Convention on the Rights of the Child

[83] The Convention on the Rights of the Child, Article 32.1 

[84] Unicef, July 1999 

[85] The Convention on the Rights of the Child, Article 30* 

[86] Convention on the Elimination of Discrimination against Women, Part I, Article 1

[87] ILO Convention on Indigenous and Tribal Peoples, 1989 No. 169, Article 8.1

[88] Kawatia is a form of an oath performed as a last alternative in dispute and conflict resolutions. The parties take the oath and the liar or the person who wants to take the others property by force or through deceit will die. This is almost same with Muma

[89] From ILO Convention No. 169, pg. 26 

[90] ILO Convention No. 169, Article 12

[91] ILO Convention No. 169, Article 14.2

[92] ILO Convention No. 169, Article 14.3

[93] Sunday Nation/East African Standard 25^th March 2001 - Non-Pokot to leave or prepare for war - Speech by a member of parliament from Pokot community

[94] Kenya Daily Nation, Talking Point, 14^th May 2002

[95] The substantive issues that need to be developed and articulated in a formal agreement should address:

a) Equality: The rights of Aboriginal peoples to common human rights and fundamental freedoms recognised in national and international law. Respect for our distinct rights as indigenous peoples.

b) Distinct characteristics and identities: Maintain and develop our distinct identity and culture…Not being subject to assimilation, taking of our lands and resources, any action, which threatens our distinct cultures, identities,

c) Land and Resources: The right to own and control our land and resources. Restitution - return of land and resources taken without our consent or appropriate compensation. The right to give or withhold consent before government grants approval to activities that affect our land and resources.

d) Self Determination: The right to negotiate our political status and pursue economic; social and cultural development.

e) Law: The right to our own law, customs, traditions and equality under the national law.

[96] East African Standard, pg. 32, 14^th May 2002

[97] The Whitehorse conclusions and recommendations on indigenous land rights and claims - The United Nations Expert Seminar on Practical Experiences Regarding Indigenous Land Rights and Claims meeting at Whitehorse, Canada from 24^th to 28^th March 1996 

[98] Daily Nation, pg.4, 27^th May 2002 …Members of the Teso community in Trans Nzoia

OGIEK HOME