SPECIAL REPORT: Saving Amboseli with brutality and betrayal

Irregular land allocation, human encroachment, and allegations of human rights abuses form the core of a simmering conflict in one of Kenya's most crucial and scenic natural ecosystems-Amboseli. 

This vast wildlife haven, renowned for its breathtaking views and rich biodiversity, is now at the center of a bitter dispute involving state agencies, Kajiado county, conservation groups, and disenfranchised landowners. 

What was once a harmonious coexistence between humans and nature is now a battleground, with livelihoods, property rights, and conservation all at stake. 

At the heart of the conflict is the enforcement of county zoning regulations, a move that has sparked accusations of excessive brutality and human rights violations. 

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Kajiado County askaris and other enforcement bodies stand accused of terrorizing residents in the name of land use regulation, some currently nursing deadly wounds. 

For landowners, particularly those who bought parcels with the promise of freehold titles, the zoning enforcement has been a rude awakening. 

Many claim they were unaware of restrictions placed on land use, that have effectively rendered their investments worthless. 

One such frustrated landowner is Joseph Maina, a businessman who invested all his savings here, currently owning more than 100 acres in Eselenkei. 

"Every day brings new fears. We want to live in peace and protect the land we call home," says Maina. 

 "I bought this land fair and square with a freehold title. Now, they are telling me I can't use it for farming, I can't fence it? It's absurd," he laments. 

The vast Amboseli Ecosystem, encompassing 5,700 square kilometers, stretches from the snow-capped peak of Mount Kilimanjaro to the rugged Chyulu Hills and the fauna-rich plains of Tsavo West National Park.

It's a critical habitat for wildlife, hosting about 1,800 elephants, lions, leopards, cheetahs, giraffes, and zebras, among others. At its core lies Amboseli National Park, a premier tourist destination in Kenya. 

The current conflict stems from a shift in land tenure systems on lands surrounding the wildlife area, previously with communal Maasai group ranches now subdivided into private parcels. 

This subdivision, particularly around what's been described by county officials as wildlife corridors, has fragmented the ecosystem, threatening the free movement of wildlife. Conservation groups working in the area, such as Big Life Foundation, have raised alarms, citing frequent incidents of wildlife trapped by fences blocking their migratory paths. 

The subdivision affects several group ranches, including Kimana/Tikondo, Olgulului/Olorashi, Eselenkei, Mbirikani, Rombo, and Kuku. These ranches span over 500,000 hectares in Loitokitok sub-county, bordering critical wildlife corridors linking Amboseli, Chyulu Hills, and Tsavo West National Park. 

On May 15, 2024, Kajiado County declared Eselenkei a Special Planning Area (SPA), halting all development and triggering enforcement measures. 

However, what was meant to be an orderly enforcement of zoning laws quickly spiraled into violent confrontations. 

The county's actions have left scores of workers and landowners nursing wounds, both physical and emotional, with many accusing enforcement officials of human rights abuses. 

Take the case of 21-year-old Conrad Onyancha, a worker at one of the local farms. Onyancha, who hails from Molo, had moved to Eselenkei seeking a better life after high school. 

His hopes were crushed when, on an ordinary day at work, he was suddenly ambushed by county Askaris and bundled into a waiting vehicle. 

"I tried to run, but they cornered me," recalls Onyancha. Despite pleading with the officers, he was arrested and detained for three weeks. His crime? Working on a farm caught in the crossfire of land disputes.

According to the residents, the Kajiado county officials often team up with other players such as forestry officials, Kenya Wildlife Service (KWS), National Environment Management Authority of Kenya (NEMA), and conservation organizations working in the area to raid them. 

Another worker, speaking on condition of anonymity for fear of reprisals, recounted a terrifying ordeal. "We saw a commotion at a neighboring farm and knew we were next. They hit me with a crude weapon, handcuffed me, and suspended me on their land cruiser for hours. It was pure brutality." 

Moses Mungai, a worker at one of the farms, recalls a nasty experience at the hands of the armed officials. 

"They arrest you, lock you up, but when you are produced in court, the accusers vanish in thin air; you'll never see them; what are they hiding?" wonders Mungai.

 "We need a speedy resolution to his standoff; we cannot live all our lives in fear," noted Mungai. 

"Ours is a freehold title; the Kenyan constitution gives everyone a right to acquire and own property; this is unnecessary and a violation of our rights, "lamented a land owner. 

In June, they attacked, kidnapped another worker at a farm in Eselenkei 

"We were on normal shifts at work, and suddenly, we saw land cruisers approaching; everybody started to scamper away; they were attacking everyone in their way; they numbered about 40," he said. 

"They jumped over our fence; I can even identify some because they were in uniform. They were from Big Life, KWS officers, County officers, and others from the forestry department and two armed administration officers," 

"One of the officers said, can we do a demo? I understood what that meant- can we shoot?" 

He says they did not produce any legal document to show why they had trespassed on their premises. 

"They handcuffed me and started assaulting me, they injured my right arm, and they held me by my arms and legs and carried me to an awaiting land cruiser and took us to Loitokitok Police Station.

Our efforts to contact the police station, KWS, and NEMA for comment on whether they were involved in the violations went futile as their phones went unanswered. 

These are not isolated incidents. The Standard has obtained medical reports and police occurrence book numbers that corroborate the stories of violence. Yet, Kajiado County officials deny any wrongdoing. 

Julius Marao, the County Chief Officer in charge of Lands and Urban Development, defended the county's actions, asserting that the zoning regulations protect the ecosystem from over-exploitation. 

"We must conserve this critical ecosystem for future generations. The land buyers should have done their homework. There are designated zones for agriculture, settlement, and conservation," said Marao. 

He emphasized that zonation helps manage land use, ensuring that areas vital for wildlife migration, like rangelands, are preserved. "It's for the good of the ecosystem," Marao added, urging landowners to comply with the 2020-2030 Amboseli Ecosystem Management Plan. 

Unsuspecting, gullible landowners hoping to reap big from their investments appear to have been cheated by unscrupulous land brokers who seem to have abandoned them in their hour of need. 

An integrated management plan dubbed The Amboseli Ecosystem Management Plan 2020-2030 and seen by The Standard spells out how the zoning was to be implemented and part of what Kajiado county officials now say was ignored by land buyers. 

 "We are not aware of anyone our people have harassed; if this is brought to our attention, I promise you we shall act accordingly," stated Marao. 

"What we are having here is a case of land buyers who purchased land from brokers, and they failed to conduct some basic background checks on land usage," he added. 

Meanwhile, Big Life Foundation, which has worked in the area for more than three decades and supports the county in enforcing these regulations, has distanced itself from allegations of violence. 

In a statement shared with The Standard, Big Life CEO Benson Leyian expressed concern over reports of brutality but firmly denied the organization's involvement.

"We train and deploy our rangers to the highest standards, including safeguarding human rights. We take these allegations seriously and will investigate any misconduct claims," Leyian stated. 

Some conservationists argue that the subdivision and encroachment on wildlife corridors are not just a threat to the animals but to the entire ecosystem. 

"The County government of Kajiado needs to come out and explain how, in the first place, freehold titles were issued in these critical zones, subdivisions happened while innocent land owners were kept in the dark; if this is indeed true, then someone is not being honest here," stated a conservationist working in the area who requested anonymity. 

Amboseli's wildlife relies on a delicate balance of seasonal migration between the park and surrounding group ranches, which serve as vital linkages to Chyulu Hills and Tsavo West. 

"Fragmenting these corridors disrupts nutrient cycling and vegetation dynamics, further endangering the wildlife Amboseli is known for. He adds that Zebras, giraffes, and elephants are among the most affected animals, often finding themselves trapped by newly erected fences," he adds. 

The frustration is palpable among locals who feel caught between land brokers who misled them and a county government enforcing stringent zoning regulations. 

"We live in constant fear, never knowing when they will show up again," said one farmer.  

Landowners are now contemplating a class-action lawsuit against the county government and the agencies operating in the area, determined to reclaim their rights.

As one defiant landowner put it, "This land is our livelihood, and we will do everything in our power to protect it."