WHY THE GOVERNMENT OF
KENYA 
DISCLAIMER- this is a
very long post!
Last week, a
three-judge bench ruled out that the Mombasa 
There is nothing hard
like a group demanding something from the government without the knowledge of
their history. This often leads to poor judgement and lack of direction while
advocating for your rights. MRC needs to learn a bit of history!
| 
 | 
| 
From Wikipedia, the free encyclopedia | 
| 
[edit]History | 
| 
Mombasa Republican Council
 was
  formed in 1999 to address the political and economic discrimination against
  the people of the coast province.[3]. The group traces its secession
  claims to the 1895 and 1963 agreements transferring the ten-mile strip of
  land along the coast to the Government of Kenya. Some critics characterize
  these British agreements as a form of bribery designed to facilitate
  colonization of the interior; the creation of native reserves sowed the seeds
  of negativity ethnicity. The group contests these agreements as invalid,
  because they were enacted without the consent of coastal stakeholders, and
  says the state of  | 
| 
[edit]Secession claims | 
| 
Mombasa Republican Council was
  dormant until 2008 when it first raised claims that Mombasa should secede
  from Kenya to become an independent state, their reason being that the
  secession would liberate the people of the coast province from
  marginalization by the successive governments in Kenya. The slogan they are
  using is Pwani Si Kenya ("The Coast is
  not part of  | 
| 
International
  Journal of Humanities and Social Science                                           
  Vol. 1 No. 20; December 2011 | 
| 
176 | 
| 
The Ten Miles
  Coastal strip: An Examination of the Intricate Nature of Land  | 
| 
Question at  | 
| 
Dr. John M.
  Mwaruvie | 
| 
Department of
  History | 
| 
Political Science
  and Public Administration | 
| 
Abstract  | 
| 
In  1886, the Anglo-German Treaty was signed
  between  | 
| 
influence in  | 
| 
decided to allocate
  him ten miles coastal strip running from Kipini in the north to  | 
| 
Germans thereafter
  paid for the right to use the sultan’s ten mile possession on the German East
  African section.  | 
| 
The British on the
  other hand opted to pay annual rent to the sultan equivalent to the amount of
  tax collected by  | 
| 
sultan in that part
  adjacent to  | 
| 
1920 when the
  British government wanted to change the status of EAP into a colony. The
  British realized that the  | 
| 
ten miles coastal
  strip could not be annexed without causing international conflict because of
  the various treaties  | 
| 
that the sultan had
  entered with various powers guaranteeing their sovereignty and control over
  her coastal  | 
| 
dominions. Thus,
  the colonial government went for a quick fix by renaming the territory,
  Colony and Protectorate  | 
| 
of  | 
| 
colony. It was this
  quick fix that later reared its ugly face at the time of independence when
  the Arabs in the  | 
| 
coastal strip
  rejected to be incorporated in independent  | 
| 
administration at  | 
| 
with the then Prime
  Minister of  | 
| 
African inhabitants
  who for many centuries had remained as squatters. This paper examines the
  historical  | 
| 
injustices that
  African inhabitants have endured over the centuries and how the various
  administrations have  | 
| 
overlooked their
  interests. Consequently, land at the coast has become so expensive to an
  extent that ordinary  | 
| 
people cannot
  afford. It is argued that a solution 
  has to be found to contain the recurrent land conflicts  | 
| 
experienced every
  election year. | 
| 
INTRODUCTION | 
| 
East Africa
  Protectorate (EAP) as  | 
| 
British possessions
  in Eastern Africa like  | 
| 
from  | 
| 
“white colony” like
   | 
| 
force the Imperial
  government to grant them such status. It was this realization that made the
  British government  | 
| 
in 1923 to issue
  the  | 
| 
and the Asians)
  conflicted with African interests, the latter would be paramount. | 
| 
1 While this
  declaration was  | 
| 
hollow in all
  intent and purposes it gave precedent on how to resolve conflicts arising
  from the interests of  | 
| 
Europeans, Asians
  and Arabs and the inhabitants of the country. However, this declaration, it
  would seem it did  | 
| 
not change the
  uneasy relations that existed between the Africans and the Arabs residing
  within the ten mile  | 
| 
coastal strip which
  was assumed to belong to the sultanate of  | 
| 
coastal strip as
  per 1895 agreement between the British and the sultan later proved to be a
  major obstacle to the  | 
| 
development of EAP.
  This anomaly was detected when the European settlers and the Colonial Office
  hoped to  | 
| 
finance major
  developments in the protectorate using cheap loans borrowed under Colonial
  Stock Act of 1900. | 
| 
2 | 
| 
*Paper prepared for
   | 
| 
1 | 
| 
Robert Maxon,
  Struggle for  | 
| 
2 | 
| 
This Colonial Stock
  Act was passed when Joseph Chamberlain was Secretary of State and was a great
  advocate for the  | 
| 
development of what
  he called “Imperial Estates” to refer to British overseas possessions.The
  Special Issue on Contemporary Research in Social Science                        © Centre for
  Promoting Ideas,  | 
| 
177 | 
| 
However, they were
  advised that the protectorate could not benefit from such funds since it was
  not a colony or a  | 
| 
British dominion.
  The Crown Agents for the Crown advised the CO to look for ways of changing
  the status of the  | 
| 
protectorate to a
  colony.  It was this desire to change
  the status of the protectorate to a colony that exposed the  | 
| 
intricate political
  arrangement of the territory. It became clear that the incorporation of the
  ten mile coastal strip  | 
| 
into the colony
  would arouse international conflicts from other countries that had entered
  into trading agreements  | 
| 
with the sultan of  | 
| 
of  | 
| 
3 | 
| 
France in 1862, and
  Germany in 1886, which recognized his sovereignty. Notably, the 1886  | 
| 
Anglo-Germany
  treaty did not abrogate the former treaties. In fact, the 1886 treaty is the
  one that internationally  | 
| 
recognized the ten
  mile coastal strip as the rightful dominion of the sultanate of  | 
| 
A minute by Herbert
  Read, the then Assistant Undersecretary of State observed that whether the
  loan was raised  | 
| 
by Lloyd, a private
  bank that had showed interest to fund railway construction in EAP  or by the Colonial Agents  | 
| 
of the Crown (CA),
  the protectorate would only get better terms if annexed and made a colony. He
  thought there  | 
| 
was no reason not
  to annex EAP with the exception of the Sultanate of Witu. He further observed
  that the control  | 
| 
of the protectorate
  at the time had been tightened and there would be no objection by the
  subjects. | 
| 
  4 | 
| 
   Ideally, what  | 
| 
the CA were
  suggesting seemed to be a sensible economic argument that through the
  Colonial Stock Act of 1900,  | 
| 
the country would
  get a loan at a low interest rates, but they overlooked the political and
  constitutional  | 
| 
implications to the
  Africans in the protectorate who were not privy to what was being schemed.
  Admittedly, if the  | 
| 
First World War did
  not break out in 1914, it seems the protectorate would have become a colony
  by then.  | 
| 
Thus, after the
  First World War the proposal to annex the protectorate was revisited. Read
  suggested that the  | 
| 
matter of
  annexation of EAP and the construction of the 
  Uasin Gishu railway be discussed with the newly  | 
| 
appointed governor,
  Sir Edward Northey, who was in  | 
| 
5 | 
| 
A minute by William
  Cecil  | 
| 
Bottomley, First
  clerk, East Africa Department shows that Northey agreed to take up the matter
  after reporting to  | 
| 
his station in  | 
| 
to enter
  negotiations with the Sultan of  | 
| 
the new colony. | 
| 
  6 | 
| 
Northey visited  | 
| 
What is interesting
  about the deliberations between the sultan and Sinclair is that the Resident
  tried to convince  | 
| 
the sultan that the
  annexation of his ten miles coastal strip was to ease administration of EAP
  and “there was no  | 
| 
intention of
  detracting from His Highness’s prestige and that the revenue of sultanate
  would not suffer in  | 
| 
consequence.” | 
| 
7 | 
| 
As would have been
  expected from a “puppet” administration, the sultan accepted the proposal by  | 
| 
stating that: | 
| 
He was the child of
  His Majesty’s Government and was always ready loyally to carry  | 
| 
out its wishes. If
  His Majesty’s government considered the alienation desirable  he  | 
| 
was quite prepared
  to agree to it. | 
| 
8 | 
| 
But Sinclair
  observed that although the sultan did not object to the proposal,  | 
| 
treaties with both
  the governments of France and  | 
| 
governments should
  be approached to agree on cession. | 
| 
9 When reporting
  the deliberations with the sultan,  | 
| 
Northey on his part
  reinforced the need for the S of S to approach  | 
| 
March 1862
  Declaration that had guaranteed the  | 
| 
10   | 
| 
It is not clear why
  the representatives of the British and the Germans thought that the sultan’s
  territory extended  | 
| 
for only ten miles
  from the sea. They also assumed that any person residing within the ten miles
  was a subject of  | 
| 
the sultan. After
  the 10 miles, the British protectorate was recognized. | 
| 
11   | 
| 
3 | 
| 
Robert Maxon.  | 
| 
4 | 
| 
Minute by Read, 27
  July 1914, CO 533/144. | 
| 
5 | 
| 
Minute by Read, 29
  October 1918, CO 533/196. | 
| 
6 | 
| 
Long to Northey, 18
  November 1918, CO 533/196. | 
| 
7 | 
| 
Sinclair to
  Northey, 13 September 1919, CO 533/214. | 
| 
8 | 
| 
Ibid. | 
| 
9 | 
| 
Ibid. | 
| 
10 | 
| 
Northey to Milner,
  31 October 1919, CO 533/214. | 
| 
11 | 
| 
Maxon,  | 
| 
178 | 
| 
By another treaty
  arrangement with the sultan of  | 
| 
10 miles coastal
  strip on condition that the government in EAP would pay £6,000 as interest
  for the £200,000 paid  | 
| 
to Imperial British
  East Africa Company for the company assets in the sultanates  | 
| 
being annuity
  previously paid by the company. In total the government was required to pay
  £17,000 to the Sultan  | 
| 
of  | 
| 
12    | 
| 
Unfortunately, the
  10 miles coastal strip was not clearly delimited, and the treaty remained a  | 
| 
thorny issue when
  deliberating the status of Africans residing in the controversial area. Even
  at the time it was  | 
| 
noted by Bottomley
  that it was difficult to determine “who British subjects were and which the
  sultan’s were.” | 
| 
  13 | 
| 
The annexation was
  officially issued on 11 June 1920 when the Order-In-Council was passed, | 
| 
14    | 
| 
but the  | 
| 
Legislative Council
  in the EAP was supposed to ratify it. Accordingly, when Northey returned to
  the protectorate  | 
| 
he announced the
  annexation of the EAP during a Legislative Council session on 9 July 1920. | 
| 
15 | 
| 
He told the  | 
| 
councillors that
  the annexation was passed to enable the colony raise cheap development funds
  to construct the  | 
| 
Uasin Gishu
  railway, Kilindini harbour and the Thika railway extension. Thus, Northey,
  observed: | 
| 
We shall now be
  able to float a loan for the development of the country. I anticipate  | 
| 
roughly that we
  shall require £2,000,000 for Plateau railway, £500,000 for Thika  | 
| 
extension,
  £1,000,000 for Kilindini harbour. | 
| 
  16 | 
| 
The name, Colony
  and Protectorate of  | 
| 
future independence
  of  | 
| 
join Sultanate of  | 
| 
between the coastal
  inhabitants, a joint commission under Sir James Robertson was put in place to
  seek views on  | 
| 
the future of the
  ten miles coastal strip.  | 
| 
THE GENESIS OF THE
  LAND QUESTION AT THE COAST | 
| 
A protracted debate
  has been ranging on the legitimate owners of land within the ten miles
  coastal strip. The  | 
| 
earliest documents
  demonstrate that Africans inhabited the region. The Periplus of the  | 
| 
around 100 AD by
  anonymous writer mentions the inhabitants of the region as men who were black
  and of great  | 
| 
stature ruled by
  chiefs. | 
| 
17 | 
| 
They also used
  wicker baskets to fish. These inhabitants traded with merchants from  | 
| 
Mediterranean
  world, Persia, Oman,  | 
| 
that the Swahili
  controlled the coast before Arabs settled in the area. It would seem the
  conquest of the coast by  | 
| 
the Portuguese from
  1500 and the ruthless administration they established was very un popular
  with East Africans  | 
| 
and was the main
  cause for the Swahili to enter into a marriage of convenience with the  | 
| 
In 1660 Swahili
  sent a delegation to  | 
| 
the coast of the
  Christian presence. The delegation was led by Mwinyi Nguti, Mwinyi Mole bin
  Haji, Mwinyi  | 
| 
Ndao bin Haji,
  Motomato wa Mtorogo and Kubo wa Mwamzungu but the sultan refused to assist. | 
| 
18 | 
| 
A second  | 
| 
delegation was sent
  in 1729 and was able to convince the sultan to offer military assistance. It
  was this military  | 
| 
assistance that
  routed the Portuguese out of East Africa in 1798 after a series of battles
  over  | 
| 
19 | 
| 
Later  | 
| 
sultan Said Seyyid
  transferred his headquarters from  | 
| 
descendants to have
  full political control over East African coast. | 
| 
20 | 
| 
The colonial
  domination created by the Arabs  | 
| 
at the coast made
  various European powers to enter into various treaties with the sultan for
  they assumed he was  | 
| 
the master of all
  inhabitants of the coast. It was on this assumption that the British and the
  Germans decided to set  | 
| 
aside the ten mile
  coastal strip for the sultan of  | 
| 
12 William
  MacGregor Ross,  | 
| 
13 | 
| 
Minute by
  Bottomley, 23 October 1918, CO 533/196. | 
| 
14 | 
| 
Milner to Bowring,
  telegram, 23 June 1920, CO 533/240. | 
| 
15 | 
| 
East African
  Standard, 10 July 1920. | 
| 
16 | 
| 
Ibid. | 
| 
17 | 
| 
Robert O. Collins,
  Eastern Africa: VOL. II of African History, Text and  | 
| 
1990), 48-49. | 
| 
18 | 
| 
Amos Kareith,
  “revisiting ten-mile strip controversy,” The Standard, September 30, 2007. | 
| 
19 | 
| 
Maxon,  | 
| 
20 | 
| 
Ibid., 113-117.The
  Special Issue on Contemporary Research in Social Science                        © Centre for
  Promoting Ideas,  | 
| 
179 | 
| 
The Germans later
  paid £200,000 to the sultan as compensation for the control of the coastline
  adjacent to their  | 
| 
21 | 
| 
The British on
  their part they opted to pay an annual rent of £17,000 to the sultan of  | 
| 
them that the
  British were about to grant independence to African nationalists. | 
| 
The first  | 
| 
coastal strip was
  concerned. Consequently, during the second  | 
| 
conferences, one on
  colony and the other on the protectorate. The protectorate which covered the
  ten miles coastal  | 
| 
strip was
  represented by Arabs, but Jomo Kenyatta and Ronald Ngala and a few other
  African delegates attended  | 
| 
the deliberations
  of both conferences. The Arabs wanted the ten miles coastal strip to either
  be given autonomy or  | 
| 
secede to join the
  sultanate of Zanzibar instead of being incorporated in independent  | 
| 
Muhaahamy submitted
  that: | 
| 
The Arab community
  would not regard their rights and interests as being adequately  | 
| 
protected if the
  government of the protectorate were ceded to a  | 
| 
responsible to
  Kenyan electorate. | 
| 
22 | 
| 
Their observation
  was that if Her Majesty’s Government was to cede the territory to  | 
| 
of faith entrusted
  on them by 1895 agreement. The African elected leaders led by Ngala were of
  the view that the  | 
| 
coastal strip was
  rightfully African territory and should be part and parcel of independent  | 
| 
23 | 
| 
In fact, Oginga  | 
| 
Odinga wanted the
  1895 agreement between the sultan of  | 
| 
24 | 
| 
Tom Mboya  | 
| 
was even more
  candid and proposed that those Arabs that were not ready to join Independent  | 
| 
go back to  | 
| 
25 | 
| 
It was due to this
  conflicting positions presented by Africans and Arabs at the conference that  | 
| 
made the British
  government and the sultanate of  | 
| 
of  | 
| 
Nevertheless, the
  appointment of a commission did not end the conflict. The debate continued in
  Kenyan  | 
| 
Legislative Council
  (LegCo) and among the various political parties formed after the first  | 
| 
on the future of
  Mwambao. While African political parties;  | 
| 
African Democratic
  Union (KADU) supported integration of the coastal strip, the Arabs formed
  Mwambao  | 
| 
United Front to
  further their political interests. No wonder O. S. Bassaddiq argued that the
  “the coastal strip is not  | 
| 
a part of  | 
| 
26 | 
| 
However,  | 
| 
Jomo Kenyatta
  countered such claims by declaring that: | 
| 
present nation. Any
  move to separate the strip from the reminder of the colony would be  | 
| 
resisted without
  reservation by our people. | 
| 
27 | 
| 
Sir JAMES
  ROBERTSON’S REPORT | 
| 
Robertson’
  commission received presentations from Africans and Arabs and made important
  observations. First,  | 
| 
the autonomy of the
  coastline was complicated by  | 
| 
Uganda, the great
  lakes region,  | 
| 
28 | 
| 
Furthermore, the
  development of the port  | 
| 
was financed by
  loans paid by subjects of  | 
| 
Second, the ten
  mile coastal strip was always administered as part of  | 
| 
have never been
  marked nor observed by the British administrators.  | 
| 
21 | 
| 
Colonial Office:
  The  | 
| 
Office, 1961), 31. | 
| 
22 | 
| 
The Times of  | 
| 
23 | 
| 
East African
  Standard, March 9, 1962. East African Standard, March 10, 1962. | 
| 
24 | 
| 
The Times of  | 
| 
25 | 
| 
The Times of  | 
| 
26 | 
| 
East African
  Standard, March 9, 1962. | 
| 
27 | 
| 
Ibid. | 
| 
28 | 
| 
Colonial Office:
  Report of the Commissioner, presented to Parliament by Secretary of State for
  Colonies by command of  | 
| 
Her Majesty,
  December 1961.Cmnd 1585. (London: Her Majesty’s Stationary Office,
  1961).International Journal of Humanities and Social Science                                           
  Vol. 1 No. 20; December 2011 | 
| 
180 | 
| 
The incorporation
  of the coastline into independent  | 
| 
its secession would
  make  | 
| 
not in doubt, was
  nominal, but was emotionally a fact that could not be ignored despite the
  fact that the only  | 
| 
manifestation of
  his authority was the flag which flew everywhere in the strip. | 
| 
Third, it was noted
  that the protectorate government continued to pay annual lease of £1700 a
  year as  | 
| 
compensation and
  therefore the British government should pay some money to compensate the
  sultan for the loss  | 
| 
of revenue. | 
| 
Fourth, the Arab
  population was a minority at the coast and its autonomy would not make any
  economic sense.  | 
| 
African in the
  coastal strip had asked for integration with the rest of  | 
| 
Fifth, the sultan
  had no objection to incorporation of the coastal strip as long as some
  safeguards were put in place  | 
| 
to protect the
  interests of the subjects, allow Islamic traditions and education to continue
  and guarantee of land  | 
| 
titles for Arabs. | 
| 
ROBERTSON’S
  RECOMMENDATIONS | 
| 
In view of the
  varied presentations, Sir James Robertson recommended that: | 
| 
(1) Muslim law,
  religion and education should be incorporated in the Kenyan constitution,
  which later  | 
| 
became the basis of
  establishing the Kadhi’s Courts in  | 
| 
(2) The strip
  should be integrated with  | 
| 
abrogated. | 
| 
(3) Proposed
  retention of Arab administrative officers; the Liwalis and Mudirs at the
  coast to ensure Muslim  | 
| 
traditions are
  observed. | 
| 
(4) Recommended
  that land titles should be acknowledged and guaranteed. This could be
  safeguarded by  | 
| 
creating  | 
| 
transfer of titles. | 
| 
(5) He recommended
  that the sultan should be paid compensation of £675,000 by the British government
  for  | 
| 
agreeing to forfeit
  his claim over the coastal strip. The government should also pay £400,000 for
  the  | 
| 
£200,000, plus
  interest loaned by the sultan after the Germans bought their section of ten
  mile coastal  | 
| 
strip from the
  sultan but the money was banked in  | 
| 
These
  recommendations were presented to British Parliament by Secretary of State
  for colonies (S of S) in  | 
| 
December 1961. The
  document became part of discussion items during the second  | 
| 
1962.During the
  conference the Queen’s Counsel Dingle Foot represented the sultan of  | 
| 
that the sultan’s
  desire was to have an agreement that would take into consideration the
  welfare of the coast  | 
| 
peoples.  | 
| 
29 | 
| 
Thus, the Kenyan
  leaders were required to show good will and commitment in protecting the
  rights of  | 
| 
the sultanates
  subjects so as to end fear and suspicion on the part of the Arabs. As a
  demonstration of this good  | 
| 
will, Jomo Kenyatta
  signed two agreements; one with the Prime Minister of  | 
| 
th | 
| 
October, 1963. The  | 
| 
second agreement
  was between Kenyatta the Secretary of State for Colonies, Prime minister of  | 
| 
sultan on 8 | 
| 
th | 
| 
October, 1963. | 
| 
KENYATTA AGREEMENT
  WITH PRIME MINISTER OF  | 
| 
The  agreement was signed in  | 
| 
th | 
| 
October, 1963 and
  Kenyatta placed on record the following  | 
| 
undertakings by the
  government of  | 
| 
30 | 
| 
(1) That free
  exercise of any creed or religion will at all times be safeguarded and, in
  particular, His  | 
| 
Highness’s present
  subjects who are the Muslim faith and their descendants will at all times be
  ensured of  | 
| 
complete freedom of
  worship and the preservation of their own religious buildings and
  institutions | 
| 
(2) The
  jurisdiction of Chief Kadhis will at all times be preserved and will be
  extended to the determination  | 
| 
of questions of
  Muslim law relating to personal status in the proceedings in which all
  parties profess the  | 
| 
Muslim religion | 
| 
29 | 
| 
30 | 
| 
The agreements are
  presented as appendix to presentation in British Parliament by Secretary of
  State for Colonies in  | 
| 
October 1963.  | 
| 
181 | 
| 
(3) The freehold
  titles to land in the coast region that are already registered will at all
  times be recognized,  | 
| 
steps will be taken
  to ensure the continuation of the procedure for the registration of new
  freehold titles  | 
| 
and rights of
  freeholders will at all times be preserved save for so far as it may be
  necessary to acquire  | 
| 
freehold land for
  public purposes, in which event full and prompt compensation will be paid. | 
| 
This document was
  signed by Jomo Kenyatta and Mohammed Shamte, Prime Minister of  | 
| 
As a follow up to
  this agreement, on 8 | 
| 
th | 
| 
October, 1963 the
  two Prime Mnisters and the Sultan of  | 
| 
Highness Seyyid
  Jamshid bin Abdula signed a joint agreement with the S of S for Colonies
  Duncan Sandays to  | 
| 
revoke 1890 and1895
  agreements it was agreed further that: | 
| 
(1) The territories
  comprised in the  | 
| 
and shall thereupon
  form part of  | 
| 
(2) The agreement
  of 14 | 
| 
th | 
| 
June 1890 in so far
  as it applies to those territories and the agreement of 14 | 
| 
th | 
| 
December 1895 shall
  cease to have effect. | 
| 
OBSERVATION  | 
| 
(1) The commitment
  by the Prime Minister Jomo Kenyatta minimized the fears of the Arabs over
  their future  | 
| 
stay in  | 
| 
the aspirations of
  Africans who thought that independence would address centuries of land
  dispositions  | 
| 
by Arab settlers.
  It meant that Africans would continue to be squatters. The coastal
  politicians thought  | 
| 
that Kenyatta’s
  commitment would be revoked once  | 
| 
intension of
  revoking it. He actually became a beneficiary for managed to substantial
  amount of land  | 
| 
within the coastal
  strip and other parts of the coast. Apparently, he became like the new sultan
  and spent  | 
| 
most of his
  vacation time at the coast. | 
| 
(2) Further by
  accepting to recognize freehold title deeds held by a few Asians overlooked
  African traditional  | 
| 
land tenure system.
  The Miji Kenda continues to have rightful claims over certain sacred Kayas
  within  | 
| 
the former ten mile
  coastal strip, but have no title deeds to support their traditional claims.
  Consequently,  | 
| 
tourists' hotels
  and cottages have been built on some of these sacred places. | 
| 
(3) Additionally,
  Kenyatta recognized the concept of willing seller and willing seller.
  Consequently, only  | 
| 
those with money
  could own land within the coastal strip based on the law of supply and
  demand. This  | 
| 
has led to
  exorbitant price for land within the coastal strip especially land adjacent
  to the beaches. | 
| 
(4) The land that
  did not have title deeds was thereafter declared trust land which the
  government exploited to  | 
| 
settle both
  politically and ethnically correct people. This policy has left many coastal
  people landless  | 
| 
while upcountry
  people own fertile land in the region. No wonder, every election year since
  1990 there  | 
| 
have been ethnic
  conflicts between the coast people and upcountry people who are referred to
  as “watu  | 
| 
wa bara.” | 
| 
(5) Admittedly, the
  thirst to own land at the coast by private developers has led to grapping of
  beaches which  | 
| 
has denied citizens
  the right to enjoy and have access to these natural resources. In normal
  circumstances  | 
| 
the beaches should
  have been retained as public recreational areas like  | 
| 
being exclusive
  areas for tourists. | 
| 
(6) It is equally
  disheartening to observe that international agreements which did not
  recognize the rights of  | 
| 
the Africans have
  continued to affect the Kenyan people fifty years after independence. There
  is need to  | 
| 
re-examine all
  colonial agreements to address adequately historical injustices. The
  government should  | 
| 
come up with a land
  policy that would address these historical injustices without creating new
  ones. The  | 
| 
policy should
  address land use, protection of wetlands and environment in general for the
  future  | 
| 
generations. | 
| 
CONCLUSION AND
  RECOMMENDATION | 
| 
From the fore going
  discussion it is apparent that the question of historical injustices is a
  very complex matter. It  | 
| 
is noted that the
  land question at the coast pre dates British colonization. The British
  accepted the status quo and  | 
| 
also the post
  colonial regimes. However, Africans at the coast still feel that their land
  rights have been ignored all  | 
| 
this time. On the
  other hand, the Arabs who have freehold title deeds have been in the area for
  a long time and are  | 
| 
citizens of this
  country. The solution to the problem is not to ignore it, but to accept that it
  is there and should be  | 
| 
sorted out. The
  remedy is to identify first the land owned by absentee landlords.
  International Journal of Humanities and Social Science                                           
  Vol. 1 No. 20; December 2011 | 
| 
182 | 
| 
Then the government
  should repossess such land and distribute it to deserving squatters who have
  been living and  | 
| 
working on such
  land for a long time. | 
| 
Secondly, all the
  idle land or the one kept for speculative purposes should be repossessed and
  distributed to the  | 
| 
only the people
  willing to develop it for the well being of the people of  | 
| 
all parts of the
  country. Before land title is granted there should be a development plan to
  prove that the applicant  | 
| 
would adequately develop
  it. | 
| 
Third, land already
  conserved as kayas and other areas of public interest should be gazetted as
  national  | 
| 
monuments and
  protected to thwart foreign hunger for land to construct tourist hotels and
  cottages. | 
| 
Finally, the
  problem faced by people in coast province is failure by the government to
  review some draconian  | 
| 
colonial agreements
  that do not serve the welfare of the people of  | 
| 
to put its foot
  down to address land situation in the country for the benefit of all
  inhabitants. It should be  | 
| 
emphasized that it
  is not a must that every individual should have a share of a small piece of
  land. It is the high  | 
| 
time that Kenyans
  considered land planning and utilization seriously. | 
The above documents
are proves of defining moments in history of Kenya and how agreements involving
the Sultan of Zanzibar, president Kenyatta and the British colonialists signed
an agreement releasing the 10-mile coastal strip from Zanzibar to Kenya.
In a new twist of
events, it is ironical that those calling for secession are not the original
coastal Arabs but African coastal tribes like the Digo that migrated to the
coast.
BLOG STAND: we agree
with MRC that indeed coast province has been marginalized and sidelined for a
very longtime. Being the second highest income earner province after Nairobi , the region has some of the poorest districts in Kenya 
In one of the
documents signed by the Kaya elders of the Mijikenda, they declared their
allegiance to citizens of Kenya 
and that they did not wish a Katanga 
Lessons from Katanga  and Biafra …
The Nigerian Civil War,
also known as the Nigerian-Biafran
War, 6 July 1967 – 15 January 1970, was a political conflict caused by the
attemptedsecession of the southeastern provinces of Nigeria as the self-proclaimedRepublic of Biafra. The conflict was the result of economic,
ethnic, cultural and religious tensions among the various peoples of Nigeria 
As with many other African nations, Nigeria was an artificial structure initiated
by former colonial powers which had neglected to consider religious,
linguistic, and ethnic differences.[5] Nigeria ,
which gained independence from Britain in 1960, had at that time a population
of 60 million people consisting of nearly 300 differing ethnic and cultural
groups.
The causes of the Nigerian civil war were
diverse although, in his memoir, journalist Alex Mitchell blames
"involvement of the British, Dutch, French and Italian oil companies whose
battle for the rich Nigerian oilfields started the civil war and kept it
going"[6]
More than fifty years earlier, Great Britain  carved an area out of West Africa
containing hundreds of different ethnic groups and unified it, calling it Nigeria 
The semi-feudal and Islamic Hausa-Fulani in the
North were traditionally ruled by an autocratic, conservative Islamic hierarchy
consisting of Emirs who, in turn, owed their allegiance to
a supreme Sultan. This
Sultan was regarded as the source of all political power and religious
authority.
The Yoruba political system in the southwest,
like that of the Hausa-Fulani, also consisted of a series of monarchs being the Oba.
The Yoruba monarchs, however, were less autocratic than those in the North, and
the political and social system of the Yoruba accordingly allowed for greater
upward mobility based on acquired rather than inherited wealth and title.
The Igbo in the southeast, in contrast to the
two other groups, lived mostly in mostly autonomous, democratically organised
communities although there were monarchs in many of these ancient cities such
as the Kingdom of Nri,
which in its zenith controlled most of Igbo land, including influence on the Anioma people, Arochukwu which controlled slavery in Igbo land
and Onitsha.
Unlike the other two regions, decisions among the Igbo were made by a general
assembly in which men could participate.[7]
The differing political systems among these
three peoples reflected and produced divergent customs and values. The
Hausa-Fulani commoners, having contact with the political system only through
their village head who was designated by the Emir or one of his subordinates,
did not view political leaders as amenable to influence. Political decisions
were to be submitted to. As in every highly authoritarian religious and
political system leadership positions were taken by persons willing to be
subservient and loyal to superiors. A chief function of this political system
was to maintain Islamic and conservative values, which caused many Hausa-Fulani
to view economic and social innovation as subversive or sacrilegious.
In contrast to the Hausa-Fulani, the Igbo often
participated directly in the decisions which affected their lives. They had a
lively awareness of the political system and regarded it as an instrument for
achieving their own personal goals. Status was acquired through the ability to
arbitrate disputes that might arise in the village, and through acquiring
rather than inheriting wealth. With their emphasis upon social achievement and
political participation, the Igbo adapted to and challenged colonial rule in
innovative ways.
These tradition-derived differences were
perpetuated and, perhaps, even enhanced by the British system of colonial rule
in Nigeria Nigeria 
In the South, the missionaries rapidly
introduced Western forms of education. Consequently, the Yoruba were the first
group in Nigeria 
In Igbo areas, missionaries were introduced at a
later date because of British difficulty in
establishing firm control over
the highly autonomous Igbo communities. (Audrey Chapman, “Civil War in
Nigeria,” Midstream, Feb 1968). However, the Igbo people took to Western
education actively, and they overwhelmingly came to adopt Christianity.
Population pressure in the Igbo homeland combined with aspirations for monetary
wages drove thousands of Igbo to other parts of Nigeria Nigeria 
The British colonial ideology that divided Nigeria  into three regions North, West and East
exacerbated the already well-developed economic, political, and social
differences among Nigeria UK Nigeria 
During the 1940s and 1950s the Igbo and Yoruba parties were in the forefront of the
fight for independence from Britain Nigeria 
On 15 January 1966, Major Kaduna Nzeogwu and other junior Army officers (mostly
majors and captains) attempted a coup d'état. It was generally speculated that
the coup had been initiated by the Igbos, and for their own primary benefit,
because of the ethnicity of those that were killed. The two major political
leaders of the north, The prime Minister, Sir Abubakar Tafawa Balewa and The
Premier of the northern region, Sir Ahmadu Bello were executed by Major
Nzeogwu. Also murdered was Sir Ahmadu Bello's wife. Meanwhile, the President,
Sir Nnamdi Azikiwe, an Igbo, was on an extended vacation in the West Indies . He did not return until days after the coup.
However, evidence exists to the contrary. For example, the coup was not only
generally applauded in the Northern region, it was most successful there. The
fact that only one Igbo officer, Lt Col Arthur Unegbe, was killed can be
attributed to the mere fact that the officers in charge of implementing
Nzeogwu's plans in the East were incompetent. The coup, also referred to as
"The Coup of the Five Majors", has been described in some quarters as
Nigeria Nigeria Nigeria 
The coup d'état itself failed, as Ironsi rallied
the military against the plotters. But Ironsi did not bring the failed plotters
to trial as requested by military law and as advised by most northern and
western officers. Ironsi then instituted military rule, by subverting the
constitutional succession and alleging that the democratic institutions had
failed and that, while he was defending them, they clearly needed revision and
clean-up before reversion back to democratic rule. The coup, despite its
failure, was wrongly perceived as having benefited mostly the Igbo because most of the known coup
plotters were Igbo. However Ironsi, himself an Igbo, was thought to have made
numerous attempts to please Northerners. The other event that also fuelled the
so called "Igbo conspiracy" was the killing of Northern leaders, and
the killing of the Colonel Shodeinde's pregnant wife by the coup executioners.
Despite the overwhelming contradictions of the coup being executed by mostly
Northern soldiers (such as John Atom Kpera later military governor of Benue State),
the killing of Igbo soldier Lieutenant-Colonel Arthur Unegbe by coup
executioners, and Ironsi's termination of an Igbo-led coup, the ease by which
Ironsi stopped the coup led to suspicion that the Igbo coup plotters planned
all along to pave the way for Ironsi to take the reins of power in Nigeria. It
also ignored the fact that the army was largely composed of Northerners at the
private level, but Igbo at the officer level, and thus promotions would have to
draw upon a large body of Igbo officers. As the officer corps of the army was
dominated by the Igbos logic would have had it that mainly Igbo officers could
have been killed in the coup if there wasn't an "igbo Conspiracy". On
the contrary, the murdered victims of this coup were mainly northerners. The
reason for this coup has never been made clear. If it was a revolutionary coup
as some have claimed why were the prime minister and premier of the north
killed? It has been proven that they both died with less than ten pounds in
their respective personal accounts and with one village home each to their
names. This was a young country trying to find its way and that way was
abruptly scuttled by overzealous army officers numbering above twenty.
On 29 July 1966, the Northerners executed a counter-coup. This coup was
led by Lt. Col. Murtala Mohammed. It placed Lt.
Col.Yakubu
Gowon into power. Gowon was chosen as a
compromise candidate. He was a Northerner, a Christian, from a minority tribe,
and had a good reputation within the army. Ethnic tensions due to the coup and
counter-coup increased and the sequels to the mass pogroms in May 1966 repeated
later the same year in July and September known as the large-scale
massacres of Christian Ibo living in the Muslim north.
The military governor of the Igbo-dominated
southeast, Colonel Odumegwu Ojukwu, citing the northern
massacres and electoral fraud, proclaimed with southern parliament the
secession of the south-eastern region from Nigeria 
as the Republic 
 of Biafra,
 an independent nation on 30 May 1967. Although the very young nation had a
 chronic shortage of weapons to go to war, it was determined to defend itself.
 There was much sympathy in Europe  and
 elsewhere yet only five countries[who?] recognised the new republic.
Several peace accords especially the one held at Aburi, Ghana  (the Aburi Accord)
collapsed and the shooting war soon followed. Ojukwu managed at Aburi to get
agreement to a confederation for Nigeria Nigeria Canada 
and France United
  States 
he Nigerian government launched a "police
action" to retake the secessionist territory. The war began on 6 July
1967 when Nigerian Federal troops advanced in two columns into Biafra . The Nigerian army offensive was through the north
of Biafra  led by Colonel Shuwa and the local
military units were formed as the 1st Infantry Division. The division was
led mostly by northern officers. After facing unexpectedly fierce resistance
and high casualties, the right-hand Nigerian column advanced on the town of Nsukka which fell on 14 July, while the left-hand column made
for Garkem, which was captured on 12 July. At this stage of the war, the other
regions of Nigeria 
Although Benin City Edo , Ijaw, and etc. Four battalions of
the Nigerian 2nd Infantry Division were needed to drive the Biafrans back and
eliminate their territorial gains made during the offensive. The Nigerians were
repulsed three times as they attempted to cross the River Niger during October, resulting in the loss of thousands of
troops, dozens of tanks and equipment. The first attempt by the 2nd Infantry
Division on 12 October to cross the Niger 
from the town of Asaba  to the Biafran city of Onitsha 
From 1968 onward, the war fell into a form of stalemate, with Nigerian
forces unable to make significant advances into the remaining areas of Biafran
control due to stiff resistance and major defeats in Abagana, Arochukwu, Oguta, Umuahia (Operation OAU), Onne, Ikot Ekpene, and etc.[13] But another Nigerian offensive from April to June 1968
began to close the ring around the Biafrans with further advances on the two
northern fronts and the capture of Port Harcourt on 19 May 1968. The blockade of the surrounded Biafrans
led to a humanitarian disaster when it emerged that there was widespread
civilian hunger and starvation in the besieged Igbo areas. The Biafran
government claimed that Nigeria 
Many volunteer bodies organised
blockade-breaking relief flights into Biafra ,
carrying food, medicines, and sometimes (according to some claims) weapons.[15] More common was the claim that the
arms-carrying aircraft would closely shadow aid aircraft, making it more
difficult to distinguish between aid aircraft and military supply aircraft.[15] It has been argued that by prolonging
the war the Biafran relief effort (characterised by Canadian development
consultant Ian Smillie as "an act of unfortunate and profound
folly"), contributed to the deaths of as many as 180,000 civilians.[16]
In response to the Nigerian government using
foreigners to lead some advances, the Biafran government also began hiring
foreign mercenaries to extend the war.[citation needed] Only German born Rolf Steiner a Lt. Col. with the 4th Commandos, and
Major Taffy Williams,
a Welshman would remain for the duration.[17] Nigeria 
Bernard Kouchner was one of a number of French doctors
who volunteered with the French Red Cross to work in hospitals and feeding
centres in besieged Biafra . The Red Cross
required volunteers to sign an agreement, which was seen by some (like Kouchner
and his supporters) as being similar to a gag order,
that was designed to maintain the organisation's neutrality, whatever the
circumstances. Kouchner and the other French doctors signed this agreement.
After entering the country, the volunteers, in
addition to Biafran health workers and hospitals, were subjected to attacks by
the Nigerian army, and witnessed civilians being murdered and starved by the
blockading forces. Kouchner also witnessed these events, particularly the huge
number of starving children, and when he returned to France Biafra 
in the media spotlight and called for an international response to the
situation. These doctors, led by Kouchner, concluded that a new aid
organisation was needed that would ignore political/religious boundaries and
prioritise the welfare of victims. They created Médecins Sans Frontières in 1971 (Doctors Without Borders).[18]
In September 1968, the federal army planned what
Gowon described as the "final offensive." Initially the final
offensive was neutralised by Biafran troops by the end of the year after
several Nigerian troops were routed in Biafran ambushes. In the latter stages,
a Southern FMG  offensive managed to break
through. However in 1969, the Biafrans launched several offensives against the
Nigerians in their attempts to keep the Nigerians off-balance starting in March
when the 14th Division of the Biafran army recaptured Owerri and moved towards Port Harcourt 
One of the interesting characters assisting
Count Carl Gustav von Rosen was Lynn Garrison,
an ex-RCAF fighter pilot. He introduced the Count to a Canadian method of
dropping bagged supplies to remote areas in Canada 
With increased British support, the Nigerian federal
forces launched their final offensive against the Biafrans once again on 23
December 1969 with a major thrust by the 3rd Marine Commando Division (the
division was commanded by Col. Obasanjo (who later became president twice)
which succeeded in splitting the Biafran enclave into two by the end of the
year. The final Nigerian offensive, named "Operation Tail-Wind", was
launched on 7 January 1970 with the 3rd Marine Commando Division attacking, and
supported by the 1st Infantry division to the north and the 2nd Infantry
division to the south. The Biafran town of Owerri fell on 9 January, and Uli fell on 11
January. Only a few days earlier, Ojukwu fled into exile by flying by plane to
the republic  of Côte d'Ivoire,
 leaving his deputy Philip Effiong to handle the details of the
 surrender to General Yakubu Gowon of the federal army on 13 January
 1970. The war finally ended a few days later with the Nigerian forces
 advancing in the remaining Biafran held territories with little opposition.
After the war Gowon said, "The tragic chapter of
violence is just ended. We are at the dawn of national reconciliation. Once again
we have an opportunity to build a new nation. My dear compatriots, we must pay
homage to the fallen, to the heroes who have made the supreme sacrifice that we
may be able to build a nation, great in justice, fair trade, and
industry."[19]
[edit]
The war cost the Igbos a great deal in terms of lives, money and infrastructure. It has been estimated that up to three million people may have died due to the conflict, most from hunger and disease.[20] Reconstruction, helped by the oil money, was swift; however, the old ethnic and religious tensions remained a constant feature of Nigerian politics. Accusations were made of Nigerian government officials diverting resources meant for reconstruction in the former Biafran areas to their ethnic areas. Military government continued in power inNigeria 
The war cost the Igbos a great deal in terms of lives, money and infrastructure. It has been estimated that up to three million people may have died due to the conflict, most from hunger and disease.[20] Reconstruction, helped by the oil money, was swift; however, the old ethnic and religious tensions remained a constant feature of Nigerian politics. Accusations were made of Nigerian government officials diverting resources meant for reconstruction in the former Biafran areas to their ethnic areas. Military government continued in power in
Igbos who ran for their lives during the pogroms
and war returned to find their positions had been taken over; and when the war
was over the government did not feel any need to re-instate them, preferring to
regard them as having resigned. This reasoning was also extended to Igbo owned
properties and houses. People from other regions were quick to take over any
house owned by an Igbo, especially in the Port
  Harcourt 
On Monday 29 May 2000, The Guardian (Nigeria) reported that President Olusegun
Obasanjo commuted to
retirement the dismissal of all military persons who fought for the breakaway
state of Biafra  during the Nigerian civil war.
In a national broadcast, he said that the decision was based on the principle
that "justice must at all times be tempered with mercy."
On 11 July 1960, with the support of Belgian
business interests and over 6000 Belgian troops, the province of Katanga in
the southeast declared independence as the State of Katanga under the leadership of Moise Tshombe,
leader of the local CONAKAT party. Tshombe was known to be close
to the Belgian industrial companies which mined the rich resources of copper, gold and uranium.
Katanga  was one of the
richest and most developed areas of the Congo Katanga , Congo 
In defense of the decision to declare
independence, Tshombe said Katanga Belgium 
Almost from the beginning, the new state faced a
rebellion in the north in Luba areas. This was led by a political
party called Association of
the Luba People of Katanga(BALUBAKAT). In January 1961, Katanga  faced a secession crisis of its own when
BALUBAKAT leaders declared independence from Katanga 
Source: wikipedia
 
 
