Country & Territory Reports - Landmine Action

96 kenya
decades conducted military exercises. 1033 In some
incidents the ERW exploded when locals deliberately
handled them. 1034 ERW discoveries indicate that ordnance
is also littered in the Maasai and Samburu regions. A
British lawyer representing ERW victims in the area said
that when authorities started clearing the munitions they
found four to five items per square kilometre. 1035
A representative of the local NGO “Organization for the
Survival of the Il-Laikipiak Indigenous Maasai Group
Initiative” (Osiligi), said in late 2002 that “hundreds if not
thousands” of ERW were still in the area but the British
army and government were not moving swiftly enough to
clear them. 1036 An official of Leigh Day and Company based
in Dol Dol said that, although there were no incidents in
that area in the reporting period, pastoralists continued to
encounter ERW while grazing their animals. “But in other
areas like Archer’s Post there have been incidents of blasts
and Samburu children being seriously injured,” he said. 1037
But while there were no incidents in Dol Dol, pastoralists
feared grazing their animals in areas they knew or
suspected to be heavily contaminated. 1038 In parts of
Samburu, an area that is traditionally nomadic,
pastoralists had been denied grazing pasture by the
reported presence of ERW. 1039
Efforts to address the problem
The military and the police are responsible for removal of
ERW. But while the government claims that it is cleaning up
the sites immediately after the periodic and annual
military drills, one researcher noted that “still a lot of ERW
are left behind”. 1040 Further, some ERW were buried in the
ground during the training and only got exposed when it
rained. 1041
While the military has begun some ERW clearance
operations, few risk education programmes exist to alert
people in the affected areas about the risks of the ERW.
Before conducting training exercises, the army puts up
notices in the community alerting residents and even
conducts mine risk education in the affected locations. 1042
ICBL says the government needs to increase and sustain
ERW/mine risk education and ERW clearance efforts; and
that full implementation of the new Disabilities Act is
needed. 1043 Together with the army, ICBL has been
engaged in educating residents to minimise the risks of
unexploded ordnance. KCAL is also involved in UXO risk
education in affected areas.
The issue of ERW came up in the Kenyan Parliament on 21
May 2004 when an MP threatened to take to the assembly
two boys who were injured by ERW at Archer’s Post,
Samburu District. The MP said that in two incidents
between 18 and 26 February 2004, two boys named
Sukule Timado (12 years) and Iltinga Mirgichan 1044 (14
erw and motapm – global survey 2003–2004
years) were injured by ERW at the British Army training
field at Lore Soro, and two others injured. He also said that
13 cattle had been killed by ERW on 18 February 2004. 1045
In September 2004, an eight-year-old boy was injured by
an item of ERW he was handling at Archer’s Post, and
admitted at Wamba Hospital.
Leigh Day and Company Advocates, which represented
Kenyan ERW victims seeking compensation, said it was aware
of three ERW incidents between June 2003 and July 2004. 1046
One was on the Archer’s Post range, in which two children
were severely injured 1047 and another near the airstrip close
to Maralal, in which a woman chopping firewood at
Naiborkeju “appeared to have set off an UXO which caused a
laceration wound to her right elbow joint”. The firm
maintained a member of staff in Dol Dol to monitor ERW
incidents and take part in mine risk education. 1048
During the reporting period, Leigh Day continued to be
involved in seeking compensation for ERW victims. In
February 2004, the British Army and Leigh Day announced
that 1,046 Maasai and Samburu claimants had accepted
an offer of £500,000 made by the British Government as
compensation for injuries and deaths alleged to have
taken place on three military ranges used by the British
Army over the last 50 years. 1049 Leigh Day said prior to the
deal there was evidence to suggest that the Kenyan Army
had been responsible for a greater proportion of the AXO
left on the ranges than had been understood when the first
compensation deal went through in 2002. It said the 1,046
claimants “decided to accept this reduced offer compared
to the amount received by the first group, rather than face
a lengthy and uncertain court battle”. 1050
Leigh Day said in August 2004 that it was not currently
representing any more Kenyans with claims for
compensation for injuries or deaths caused by ERW. It says
in total it represented about 1,280 claimants for whom a
total of £5 million was obtained. 1051 In July 2002, the
British Government agreed to pay US$7 million in
compensation to those killed or maimed by the ERW, but
said it could not take responsibility for all 233 victims,
saying other armies also used the grounds. 1052 Those who
had sustained minor injuries received US$1,500 each,
while some who had lost limbs or sight received as much
as US$460,000. 1053
Legislation
Kenya signed the Ottawa Convention on 5 December 1997
and ratified it on 23 January 2003. A draft bill on
landmines was at the Attorney General’s Office and it was
expected to be enacted by Parliament before the end of
November 2004. 1054 Kenya is not a State Party to the CCW
and its Protocols.