Authored By: Nasinya Nairuko Letiyion
ABSRTACT
This article examines why cattle rustling continues to be a major challenge in remote pastoralist areas. The article argues that despite the existing provisions aimed at combating cattle rustling, it continues to be a huge challenge in the Arid and Semi-Arid areas in Kenya. This article concludes by giving possible solutions that may have lasting effect, which will help to completely cease and eradicate cattle rustling.
INTRODUCTION
Cattle rustling refers to the act of stealing or illegally acquiring livestock, particularly cattle. This practice involves taking cattle without the owner’s consent, often through force or stealth. In Kenya, cattle rustling has a long history that can be linked to the nomadic groups that have historically depended on livestock for money and sustenance.
[1]Kenya’s pastoral communities have long considered cattle rustling a cultural practice, according to a 2011 Kenya Human Rights Commission report. [2]The government of Kenya has taken several measures in order to address the issue of cattle rustling in Kenya. [3]However, despite these efforts, cattle rustling continues to persist , resulting in the loss of human lives, property and hindering development.
WHY CATTLE RUSTLING CONTINUES TO BE A MAJOR CHALLENGE IN REMOTE PASTORALIST AREAS IN KENYA DESPITE THE PROVISIONS THAT SEEK TO COMBAT IT
Availability of illicit firearms
Illicit firearms have changed the nature of cattle rustling from a cultural practice to a form of organized crime committed by international criminal networks.
Illicit firearms have increased the violence and fatalities of cattle raiding, as the raiders use guns to acquire large herds of cattle by force. They have facilitated the transnational movement of cattle rustlers, who exploit porous borders and weaken the security forces.
[4]There are different sources and verifiable roots supporting the increase of cattle rustling such as unlawful arms deals to untrustworthy governments, supply of illegal firearms to various groups and various shipments of little quantities of weapons prompting to collection of substantial quantities of unlawful weapons.
Cultural Factors
Among the pastoral communities, cultural factors play a major role in why cattle rustling is still a major challenge.
For example, the need to acquire livestock for wealth, especially for paying dowry or bride price. Cattle are considered a symbol of status and prestige, and raiding is seen as a way of accumulating wealth quickly.There is also the need to demonstrate bravery and gain respect and recognition among peers and elders. Cattle raiding is traditionally a rite of passage for young men, who prove their courage and skill by participating in raids.
These traditions, rites of passage and especially ‘moranism’ is well documented and known. Additionally, there is need to defend territory and assert ethnic identity. Cattle rustling is often linked to disputes over land and resources, hence is used as a way to assert dominance
Political factors
Some of the political factors that contribute to this problem are:
i)Ethnic conflicts:
Pastoralist communities often have historical rivalries and grievances over land, water, and grazing rights. These conflicts are exacerbated by ethnic politics and mobilization, as some political leaders exploit these tensions to gain support or undermine their opponents.
ii)Border disputes:
Pastoralist areas often span across national borders, which are poorly demarcated and patrolled. This creates opportunities for cross-border raids, which can escalate into diplomatic crisis or armed clashes. For instance, the Turkana and Pokot communities in Kenya have raided the Karamojong in Uganda and the Nyangatom in Ethiopia, leading to regional instability and insecurity.
iii) Weak governance:
Pastoralist areas are often marginalized and neglected by the central government, which lacks the capacity and legitimacy to provide basic services, security, and justice. This creates a vacuum of authority, which is filled by local militias, warlords, or armed groups. These actors often engage in cattle raiding as a source of income, power, or recruitment. They also challenge the traditional institutions and norms that used to regulate and mitigate raiding.
iv)Insecurity and instability:
Pastoralist areas are vulnerable to external shocks, such as drought, famine, disease, and displacement. These shocks reduce the availability and access of resources, such as pasture, water, and livestock, which are essential for pastoralist livelihoods. This creates competition and conflict among pastoralist communities, who resort to cattle raiding as a coping mechanism or a survival strategy.
Lack of alternative livelihoods and economic opportunities for the pastoralist youth who are lured into the criminal activity
In Kenya, some young people from pastoralist communities, who traditionally raise cattle, are drawn into cattle rustling, one major reasons being they don’t have many other opportunities for work or income. Without alternative livelihoods or economic options, they may see cattle rustling as a way to make a living, even though it’s illegal and harmful to the community.
EFFECTS OF CATTLE RUSTLING IN KENYA
Loss of human lives and property
Cattle rustling in Kenya has significant effects on both human lives and property. When conflicts arise due to cattle rustling, it often leads to violence and loss of human lives. [5]People involved in these conflicts, whether they are herders or members of rival communities, may resort to armed confrontations to protect their livestock or retaliate against theft. Unfortunately, this often results in injuries and loss of life.
Loss of Livestock and Income
When the pastoral communities lose their cattle, it directly translates to loss of their valuable assets and wealth. This is because in the pastoralist communities in Kenya, cattle are often used as measure of wealth, investment and means of sustenance. Losing their livestock has long term consequences, as it definitely takes a long period of time to rebuild their cattle from scratch.
The loss of livestock on the other hand disrupts the traditional way of life and negatively impacts the social dynamics of the said communities.
Due to the loss of income, there arises more challenges such as food insecurity and increased poverty.
Erosion of social and cultural values
Cattle rustling erodes the ability of community members to trust and cooperate together. It often breeds mistrust and suspicion among community members. It creates an atmosphere of fear and uncertainty, making it difficult for people to trust one another. This results in damaged social bonds that hold communities together.
[6]Furthermore, cattle rustling disrupts cultural practices in the sense that many pastoral communities have deep – rooted cultural practices and traditions associated with cattle rustling. When cattle are lost due to rustling, it dismantles these cultural practices and tradition leading to the loss of cultural heritage and a sense of identity within the community.
Reduced access to education and health services
[7]Cattle rustling disrupts the normal functioning of schools and health facilities, as teachers, students and health workers are sadly killed, injured or displaced by the raids. In areas most affected by banditry such as Baring and Pokot, students have been forced to drop out of school or lag behind in their education so many times due to the constant state of violence and war in their surroundings.
Cattle rustling also reduces the income of the pastoralists, making it harder for them to afford education and health care.
Increased insecurity and instability
[8]When cattle rustling occurs, its immediate repercussion is creating a sense of fear and uncertainty within the communities. People may feel unsafe in their own homes and worry about the safety of their livestock and loved ones.
Cattle rustling leads to increased crime rates and violence in the affected areas, creating a cycle of instability as communities struggle to maintain law and order.
The constant threat of banditry can disrupt daily life, hinder economic activities and discourage investment in the region.
EXISTING LEGAL AND POLICY FRAMEWORK IN RELATION TO CATTLE RUSTLING
[9]Section 278 of the Penal Code
Section 278 of the Penal Code , which highlights Stealing Stock, states that if the thing stolen is any of the following things, that is to say , a horse , mare , gelding, ass , mule, camel , ostrich , bull , cow , ox , ram , ewe, goat or pig, or the young thereof the offender is liable to imprisonment for a period not exceeding fourteen years.
This section deals with the offence of stealing cattle or any other livestock. It outlines the punishment for such acts and the legal consequences for those found guilty.
[10]The National Policy for the Sustainable Development of Northern Kenya and other Arid Lands of 2012
The policy recognizes cattle rustling as one of the major challenges facing the pastoralist communities in the arid and lands (ASALs)
It also aims to address the root causes of rustling such as poverty, marginalization, insecurity, and environmental degradation and to promote alternative livelihoods, conflict resolution and peace building.
[11]Anti – Stock Theft Act
This provision criminalizes cattle theft and provides for the anti-stock theft unit, a division of the Kenya Police charged with preventing and investigating cattle raids.
It outlines the prevention of any agricultural produce or any animal or bird mentioned in section 278 of the Penal Code and including meat, hide or skin or any part of such animal or birds.
[12] The National Livestock Policy of 2019
This provision aims to promote the development of the livestock sector and enhance its contribution to food security, income generation and environmental sustainability.
It also opines cattle rustling as a major challenge facing the livestock sector and proposes measures to address it.
[13] The Prevention of Livestock and Produce Theft Bill, 2023
It is a proposed law in Kenya that aims to provide a legal framework for the identification, movement, and trade of livestock and produce, as well as the prevention and punishment of livestock and produce theft. It is intended to address cattle rustling menace that has plagued various parts of the country, especially among livestock keeping communities.
The Bill also requires the registration and branding of livestock, the issuance of permits for the movement of livestock, the keeping of records by the legitimate owners and the resolution of disputes through alternative mechanisms
GAPS IN THE EXISTING LEGISLATIVE POLICIES REGARDING CATTLE RUSTLING
This section focusses on the areas where the current laws and policies may fall short in effectively combating cattle rustling. It explores the potential loopholes and limitations that exist.
Lack of harmonizing legal and policy frameworks
There is lack of harmonization and alignment of the legal and policy frameworks with the 2010 Constitution, which devolved significant powers and resources to the county governments. There is a need to review and amend the existing laws and policies to ensure consistency with the constitutional provisions and principles. This includes principles such as public participation, human rights, and intergovernmental relations into the legal and policy frameworks
Lack of coordination and collaboration among the relevant stakeholders
There is little to no cooperation and coordination among stakeholders such as the national and county governments, security agencies, civil society, and local communities. There is no clear mechanism for information sharing, joint planning, and joint action to prevent and respond to cattle rustling incidents.
Lack of adequate resources and capacity for the ASTU to effectively carry out its mandate
[14]The Anti Stock Theft Unit (ASTU), is a specialized law enforcement unit that focuses on combating and preventing livestock theft. They work to ensure livestock owners by investigating cases of theft, apprehending criminals and recovering stolen animals.
However, it is understaffed, under-equipped, and under-funded, making it difficult to respond to the increasing sophistication and mobility of the cattle rustlers
POTENTIAL LONG – TERM SOLUTIONS TO PREVENT AND REDUCE CATTLE RUSTLING INCIDENTS IN KENYA
Strengthening law enforcement measures
This involves the following actions:
i)Increasing police presence:
[15]The government should deploy more police officers in the areas prone to cattle rustling, especially along the borders and in remote regions. This would increase the visibility and deterrence of the law enforcement, as well as the response time and capacity to prevent or intervene in raids. [16]The government should also equip the police with adequate vehicles, weapons, communication devices, and protective gear to enhance their mobility, firepower, and safety.
ii)Establishing specialized units:
The government should create and train specialized units within the police force to deal with cattle rustling and other forms of organized crime. These units should have the expertise, skills, and resources to conduct intelligence-led investigations, undercover operations, forensic analysis, and evidence collection. They should also collaborate with other relevant agencies, such as the judiciary, the customs, the wildlife authority, and the anti-corruption commission, to ensure effective prosecution and conviction of the offenders.
iii)Improving coordination among law enforcement agencies:
The government should improve the coordination and cooperation among the different law enforcement agencies at the national, regional, and international levels. This would facilitate the sharing of information, intelligence, and best practices, as well as the joint planning and execution of operations. The government should also establish mechanisms for regular dialogue and consultation with the local communities, civil society organizations, and traditional leaders, to build trust and mutual support in the fight against cattle rustling.
Enhancing Community Engagement and awareness
[17]One of the possible solutions to cattle rustling in Kenya is enhancing community engagement, awareness and cooperation through means such as;
i)Dialogue:
Creating opportunities for dialogue between different groups of people, such as pastoralists, farmers, security forces, local authorities, and civil society organizations. Dialogue can help to build trust, reduce tensions, resolve disputes, and foster cooperation
ii)Education:
Providing education and training to the communities on topics such as conflict prevention, peace building, human rights, animal husbandry, and alternative livelihoods. Education can help to increase knowledge, skills, and capacities, as well as to change attitudes and behavior.
iii)Awareness:
Raising awareness of the causes and consequences of cattle rustling, as well as the benefits of peaceful coexistence and cooperation. Awareness can help to influence public opinion, mobilize support, and encourage action.
By enhancing community engagement and awareness, the affected communities can become more resilient, empowered, and proactive in addressing the problem of cattle rustling. They can also contribute to the development and implementation of effective policies and strategies to prevent and reduce cattle rustling, and to promote sustainable development
Improving livestock management and registration systems
Implementing effective livestock registration systems can greatly enhance traceability and make it harder for stolen cattle to be sold or transported. By improving livestock management and registration, each animal can be assigned a unique identifier, such as an ear tag or a microchip.
This allows authorities to track and trace the movement of cattle, making it easier to identify stolen animals and prevent their illegal sale or transportation. It’s a crucial step in combating cattle rustling and protecting the livelihoods of pastoralist communities in Kenya.
Encouraging alternative livelihoods
One potential solution to eradicating cattle rustling is by encouraging alternative livelihoods.
This means supporting academic diversification, providing training, and resources for alternative income-generating activities. By offering opportunities for education and skills development, as well as assisting with starting businesses or pursuing other sources of income, we can reduce the incentive for individuals to engage in cattle rustling. When people have viable alternatives to support themselves and their families, they are less likely to resort to illegal activities like cattle rustling
CONCLUSION
In conclusion, cattle rustling poses a significant challenge in Kenya, particularly for pastoralist communities. However, we can work towards eradicating this issue by addressing the root causes and providing sustainable economic opportunities. This can reduce the incentive for individuals to engage in cattle rustling. As such , it is crucial for stakeholders, including government agencies, community leaders, and NGOs, to collaborate and implement these strategies to protect the livelihoods of pastoralist communities and foster a more secure and prosperous future for all.
REFERENCES AND BIBLIOGRAPHY
Articles
- Banditry and Lawlessness in Arid and Semi – Arid Lands of Kenya: Which way out? By Faith Kimaiyo, KIPPRA Young Professional John Kioko, KIPPRA Young Professional
- From Bush to Butchery: Cattle rustling as an entrepreneurial process in Kenya, by Emmanuel K. Bunei, Gerald Mcelwee, Robert J. Smith
- Managing the menace of Cattle Rustling and Banditry in North Rift Kenya: The Role of Pokot Women, by Saul Marigat
- Nation Africa: Let’s explore ways to end cattle rustling
- Cattle Rustling in Kenya; A review of the Root Causes, Emerging Trajectories and Mitigation Strategies, Susan Namaemba Kimokoti
- Why Kenya’s cattle raids are getting deadlier, by Anthony Langat
- The Impact of Illicit Arms on Security: Case Study of Cattle Rustling in Northern Kenya
- Chepyegon Selly, Cattle Rustling and Insecurity : A Case Study of Baringo County, Kenya
Cites
https://eprajournals.com/IJMR/article/
https://pastoralismjournal.springeropen.com/
[1] Anthony Langat, ‘Why Kenya’s cattle raids are getting deadlier’
[2] Chepyegon Selly,’Cattle Rustling and Insecurity : A Case Study of Baringo County, Kenya’
[3] Ibid
[4] Ndambuki Muthike, ‘The Impact of Illicit Firearms on Security : Case Study of Cattle Rustling in Northern Kenya’
[5] Faith Kimaito, ‘Banditry and Lawlessness in arid and semi – arid lands of Kenya’
[6] Eresipo.usiu.ac.ke
[7] Pastoralismjournal.springeropen.com
[8] Emmanuel K Bunei and Robert J.Smith, ‘From Bush to Butchery : Cattle Rustling as an entrepreneurial process in Kenya’
[9] Penal Code
[10] The National Policy for Sustainable Development of Northern Kenya and Other Arid Lands of 2012
[11] Anti – Stock Theft Act
[12] The National Livestock Policy of 2019
[13] The Prevention of Livestock and Produce Theft Bill, 2023
[14] Anti – Stock Theft Act
[15] Susan Namaemba Kimokoti, ‘Cattle Rustling in Kenya : A review of the Root Causes, Emerging Trajectories and Mitigation Strategies’
[16] Ibid
[17] Nation Africa, ‘Let’s explore ways to end cattle rustling’
