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Mitigation of armed criminality through an African indigenous approach

The case of the Sungusungu in Kenya

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Abstract

Insecurity with the use of small arms has become a disturbing theme in Kenya increasing over the past two decades. Rural areas have seen escalating levels of armed inter-communal resource conflict, with rustling of large numbers of cattle and loss of lives. Official security forces may be weak in such areas, or may be corrupt, demanding bribes to provide their services. In such circumstances communities may resort to providing their own solutions, which have their merits and demerits. One such homegrown solution has come out of Kuria. The Sungusungu are indigenous police, attached to a traditional Iritongo or court owned and funded by the community, and later hesitantly supported by the modern public administration. Their efforts at managing armed criminality in the late 1990s were unexpectedly successful, bringing law and order and leading to a transformation in the district. This article considers their successes and also notes real and potential problems with this concept of indigenous policing, with regard to its wider application.

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Notes

  1. Daily Nation, 19 April 2008, http://www.nationmedia.com/dailynation/nmgcontententry.asp?category_id=39&newsid=121449.

  2. I use the term vigilante generically and without implication of criticism or approval. It is used to denote an organised group of private citizens, volunteers who act collectively and forcefully, in the interests of a particular community. Most such groups play a role in security provision.

  3. Daily Nation, 25 April, 2009, http://www.nation.co.ke/News/-/1056/590848/-/u64bc3/-/index.html.

  4. East African Standard, 11 March 2008; See also East African Standard, 15 June 2008.

  5. Daily Nation, 8 June 2007:11, Daily Nation, 10 June 2007: 1–5; Masinde et al. (Eds) Indigenous Democracy: Traditional conflict resolution mechanisms, Polot, Turkana, Samburu and Marakwet (Nairobi, Practical Action, formerly ITDG); Mkutu [34].

  6. Interview, Heald, Lancaster, September 2005. Heald was in Kuria for a month to examine how Sungusungu could be used to control HIV/AIDS epidemic.

  7. Field observation, May 2005.

  8. Kenya Times online, 9 October 2005, “Challenges that still await Ali as police boss” http://www.timesnews.co.ke/09oct05/nwsstory/opinion2.html; Despite reforms in the police they are still perceived as brutal and corrupt and are mistrusted by Kenyans; also Bevan [8].

  9. Daily Nation, 1 January 2008.

  10. Sabala and Mkutu [55]; For crimes in Kenya between 1985–1999 see [18]; [6]; [38]. See also East African Standard, 6 February, 2007 ‘State taken to task over rising crime’ http://www.eastandard.net/hm_news/news.php?articleid=1143964500.

  11. These include revolvers and self-loading pistols, rifles and carbines, assault rifles, sub-machine guns and light machine guns. Light weapons also consist of heavy machine guns, hand-held under-barrel and mounted grenade launchers, portable anti-tank and anti-aircraft guns, recoilless rifles, portable launchers of anti-tank and anti-aircraft missiles, and mortars of less than 100 mm.caliber. See UN A/52/298 27 August [60]; For corruption in Kenya security see http:www.transparency.org/surveys/kubi.

  12. See Daily Nation, 21 June, 2006 “Kenya set to destroy 3,800 illicit firearms” www.nationmedia.com/dailynation/nmgcontententry.asp?category_id=1&bewsu.

  13. Kenya Times, April 25, 2005 “Arming private security nonsensical”; Kenya Times, 27 April 2005 “Crime: control inflow of illicit arms” http://www.kentimes.com/27apri05/nwsstory/opinion1.html; African Executive vol 2, 27, 2005 “Insecure but industrious”; East African Standard, April 12 2005 “State should disarm cattle rustlers urgently” http://www.eastandard.net/archives/cl/hm_news/news_s.php?articleid=17697&date=12/04/2005; [6]; Daily Nation, 6 June, 2007: 1–3; Daily Nation, 9 June, 2007:1–5; East African Standard, June 2007:1–5; Daily Nation, 19 April 2004.

  14. Interview, senior security officer, name withheld, Kisumu, July 2008; Interview, Tanzania secret security service officer based in Kisumu, name withheld, Arusha, 28 September, 2008; During the post election conflict, it was alleged that President Museveni sent 3,000 Uganda People’s Defence Force (UPDF) to Nyanza and Western to bring order to Kenya. This instead of bringing peace made the locals to join the arms race and to date, Nyanza is now armed.

  15. IRIN News, 26 May 2008.

  16. Government of Kenya National Development Plan, 2002–2008.

  17. See Odegi Awoundo [45]; SNV/Pax Christi Netherlands [57].

  18. Knighton [26]; Masinde et al. (Eds) Indigenous Democracy: Traditional conflict resolution mechanisms, Pokot, Turkana, Samburu and Marakwet (Nairobi, Practical Action, formerly ITDG); SNV/Pax Christi [57].

  19. Interview, provincial administrator who did not want to be named, May 2002.

  20. For more on commercial raiding in pastoral areas see Bevan [9]; Heald [23, 24]; Fleisher [16]; Ocan [44]; Osamba [47]; Oloka-Onyango [46]:17; Mirzeler [28]; ADOL [4]; Mkutu [31, 35]; Gomes [21]; SNV [57]; Kenya Times, 19 March, 2004; Daily Nation, 6 March, 2003; Daily Nation, 24 March, 2003.

  21. This dynamic was observed in the Kenya–Uganda border region during the author’s research. See ADOL [4]; Osamba [47]; Mkutu [30–32, 36]; Gomes [21]; SNV [57]; Ocan [44]; Oloka-Onyango [46]; Kenya Times, 19 March 2004 http://www.kentimes.com/magazine/magazine1.htm1.

  22. Formerly Intermediate Technology Development Group (ITDG).

  23. Nairobi Secretariat; the African Union launched the Peace Security Council (PSC) on 25 May 2004. We now have national focal points in various Greater Horn of Africa countries.

  24. For example the Inter-Governmental Authority on Development (IGAD) has no mandate to intervene in intra-state and even inter-state conflicts. Its 1996 Act articulates the sovereignty of all member states, as well as the principle of non-interference in their internal affairs.

  25. See the East African Standard, online 20 September 2005 “Kenya keen on arms pact, Kibaki tells UN” http://www.eastard.net/hm_news/news.plp?articleid=29188. The president did not talk about the main issues of livelihood.

  26. See East African Standard, 2 February 2005 “Show more seriousness” www.eastandard.net/archives/cl/print/news.plp?=12250; For total failure see Daily Nation, 23 July 2007.

  27. Mkutu [31]; Gomes [21]; SNV/Pax Christi [57].

  28. Interview, Maasai elder, Arusha, Tanzania, October 2008.

  29. Kenya is divided into seven provinces with Nairobi considered as a province.

  30. Interviews in Tanzania indicate that majority of those who fought in the Tanzania army to liberate Tanzania were Kuria. Interview retired military officer Mbezi Beach, Tanzania, 14 April 2008.

  31. Agro-pastoralists may be described as settled pastoralists who cultivate sufficient areas to feed their families from their own crop production. See also Citizen 18, March, 2009. The editor notes Tarime is one of the areas that seem to be exempted from the laws of Tanzania, where bands of criminals, who apparently have no respect for the rule of law and for sanctity of human life have continued to operate.

  32. As a student at Taranganya, we crossed the borders and bought most of our goods across the border as it was cheaper than Kenya. This illustrates how porous the border was.

  33. Interview, a former district commissioner, Kuria 2002.

  34. Interview, Mwita Maranya, former soldier in Tanzania–Uganda war, Dar es Salaam, October 2008.

  35. Ibid.

  36. During my time as a student this was not a secret, many Kuria students sometimes came to school with homemade guns.

  37. Interview, a former Mayor of Kihancha, 2000. There was a booming trade between the Kenya and Uganda Kuria.

  38. Several administrators interviewed noted this to be true in a questionnaire to administrators attending advanced public administration course 2002–2003, Kenya Institute of Administration.

  39. Interviews, 2000; See Heald [22]:213, she notes that though the General Unit Service was located it was a part of the problem.

  40. This was the situation in 1984–1985 while I was an advanced student at Taranganya high school. Taranganya was in the middle of action with one of the well known raiders known as Musabi living across the road from the school. Many of the 12–14 year old boys were married, which students from other parts of Kenya found strange.

  41. Tanzania Daily News, 6 May, 1983; Heald [23]; Abrahams [2]; Fleisher [16], Bukurura [11]; Paciotti [48], Paciotti and Mulder [49]; Heald [24]; Mwaikusa [39]; Ndagala [40].

  42. Interview Shillingi, M, Local leader Bukoba district council, Dar es Salaam, 31 January 2009.

  43. Interview, former Resident District Secretary in Tanzania, name witheld, 14 January 2009; Also see [59]; The then TANU, adopted the Sungusungu which was later succeeded by Chama Cha Mapinduzi (CCM) and later by the government to date, who have not changed the position.

  44. The powers are as enshrined in the Tanzania Criminal Procedure Act No 9/1985b.

  45. The 1971 party guidelines were created for a one party state under the ruling CCM and militia, a situation which has changed now; Tanzania is a multiparty state, hence the legal status of Sungusungu is questionable.

  46. For more on the Sungusungu and its origin in Tanzania see Abrahams [3]; Bukurura [11]; Fleisher [16]; Heald [23] and Paciotti [48].

  47. See for example East African Standard 25 August 2003 “Are police accomplices in crime?” BBC Africa 9 September 2003 “The trouble with Kenya’s police”.

  48. Ranged from 20s to mid 30s.

  49. Interview, a former Mayor of Kihancha, 2000.

  50. Ibid.

  51. Interviews, Heald had just returned from Kuria, Kenya, at the end of August 2005.

  52. Interviews, Provincial Administration, 2000, 2002.

  53. P3 forms are police forms presentable in courts as evidence of physical injury.

  54. Interview, John Egesa, Mombasa, 2003.

  55. Observation and interviews, May 2004.

  56. See Fleisher [16]: 209–228; SNV [57]; Gomes [21]; Mkutu [29–31].

  57. Observation.

  58. Personal communication with provincial administrators, 2005.

  59. Interview, Heald [24].

  60. See Administration of Justice in Kenya. Roual Wallenberg Institute (RWL) and Kenya Institute of Administration Cooperation, International Organizations Cooperation Files, 1999–2002. This file has correspondences between the author and the RWI on community policing training and how it was envisioned and what was expected of the police and community relations.

  61. Interview with Kenya Armed Forces Canon, name withheld September 2005; See Kenya Times 9 October 2005.

  62. Interview, Heald 2005.

  63. Mwaikusa [39]:175.

  64. The cattle rustling could return, as demonstrated by the incident in Kenya Times, 11 October, 2005 “Rustlers kill Kenyan Officer in Tanzania” http://www.timesnews.co.ke/11oct05/nwsstory/news20.htm1 The policeman was killed when a team of Kenya Police and civilians were pursuing livestock stolen from Trans-Mara district in Rift Valley (which neighbours Kuria) when the over 20 rustlers, who had made away with over 50 animals, attacked them. No arrest had been made in connection with the incident and not a single animal had been recovered. The violent raiding has reached another peak in June 2009.

  65. Mkutu 2004, Challenges of small arms and light weapons: Attempts at management in Karamoja–Uganda. Presentation given at a seminar, St. Anthony’s College, Oxford, 31 January 2004. Unpublished; Gomes [21]; SNV [57]; Quam [51].

  66. Observation Kisii and Migori, May 2005. See latest media information on Sungusungu vigilante killings in Kisii. East African Standard, 23 August, 2007 “Sungusungu’ gang lynches five relatives” http://www.eastandard.net/hm_news/news.php?articleid=1143973367.

  67. East African Standard, 3 February 2005; See also East African Standard, 30 September 2005 “Police boss on vigilante groups of Kisii central” http://www.eastandard.net/archives/sunday/hm_news/news.plp?artcleid=13851 From 2005 until now Sungusungu has caused mayhem in the larger Kisii and are said to have killed more than 100 people.

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Acknowledgements

Appreciation goes to Dr. Tessa Mkutu for editing the work. Thanks to Mr. John Egesa, District Commissioner of Nyando for many hours of discussions on his pioneering work in incorporating Sungusungu into the District Security Committee without which the issues would not have come out (any inaccuracies in this work are solely the responsibility of the author). Thanks also to the two anonymous reviewers.

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    Kennedy Agade Mkutu

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Mkutu, K.A. Mitigation of armed criminality through an African indigenous approach. Crime Law Soc Change 53, 183–204 (2010). https://doi.org/10.1007/s10611-009-9217-x

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