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conflict and the Nubians in Kibera, DOI: 10.1177/0042098017698416
journals.sagepub.com/home/usj
Kenya
Emma Elfversson
Department of Peace and Conflict Research, Uppsala University, Sweden
Kristine Hoglund
Department of Peace and Conflict Research, Uppsala University, Sweden
Abstract
Amid expansive and often informal urban growth, conflict over land has become a severe source
of instability in many cities. In slum areas, policies intended to alleviate tensions, including upgrad-
ing programmes, the legal regulation of informal tenure arrangements, and the reform of local gov-
ernance structures, have had the unintended consequence of also spurring violence and conflict.
This paper analyses the conflict over a proposed ethnic homeland for the Nubian community in
the Kibera slum in Nairobi, Kenya, in order to advance knowledge on the strategies communities
adopt to promote their interests and how such strategies impact on urban conflict management.
Theoretically, we apply the perspective of institutional bricolage, which captures how actors make
use of existing formal and informal structures in pragmatic ways to meet their conflict management
needs. While previous research focuses primarily on how bricolage can facilitate cooperation, the
case analysis uncovers how, over time, the land issue has become closely intertwined with claims
of identity and citizenship and a political discourse drawn along ethnic lines. In turn, such processes
may contribute to the intractability of conflict, causing significant challenges for urban planning.
Keywords
conflict management, informal settlements, Kenya, Kibera, urban land conflict
the implications for urban planning and con- In this paper, we study the origins of local
flict management? Today, the rate of urbani- communities responses to urban land conflict
sation is unprecedented in the developing by analysing the Nubian communitys pursuit
parts of world (Montgomery, 2008). As a of an ethnic homeland in Kibera, Nairobi.1
result, there has been a dramatic prolifera- The Nubians claim to be Kiberas original
tion of urban slums, and urban populations settlers and seek a communal title deed for
make up a disproportionately large share of the land. This struggle underlies interactions
the poor (Davis, 2006). Moreover, in many between the Nubian community, other com-
cities, conflict over land in informal settle- munities, and the state. Connected to this
ments has become a severe source of instabil- broader issue are conflicts between Nubian
ity (Barry et al., 2007; de Souza, 2001). landlords and tenants from other ethnic com-
Across the globe, such conflicts have led to munities, which have frequently arisen
outbreaks of violence, mass protest, and per- around elections, and from time to time man-
sistent communal tensions, as marginalised ifested themselves violently. To capture how
communities in urban areas respond to dis- actors make use of existing formal and infor-
mal living conditions, lack of basic service mal structures, we draw on the concept of
provision, and insecure tenure (Holston, institutional bricolage. While previous
2008). research mainly focuses on how bricolage can
Existing research on how to address lead to locally negotiated arrangements that
urban conflict has focused on strategies facilitate cooperation, this case shows how it
employed by governments and donor orga- can also make conflict more intractable. The
nisations (Bjorkdahl, 2013; Bollens, 2008). analysis uncovers how, over time, the land
In informal settlements and slum areas, stra- has become closely intertwined with claims to
tegies to manage conflict involve upgrading identity and citizenship and a political dis-
programmes, the legal regulation of infor- course drawn along ethnic lines, and how this
mal tenure arrangements, and the reform of has in turn exacerbated the conflict. These
local governance structures (Lombard and dynamics also provide a key to explaining the
Rakodi, 2016). Yet the policies intended to contradictory processes seen in connection
alleviate tensions have also spurred resis- with land conflict in Kibera, such as the cur-
tance, violence, and new conflict (Rigon, rent resistance of the Nubian community to
2016). Where ethnic diversity intersects with ongoing slum upgrading in the very areas
poverty, the capacity for collective action to they claim to rightfully belong to them.
address conflict is reduced and the risk of The study contributes to research that
violence becomes particularly high (Parks, seeks to uncover the challenges facing urban
2014; Parks et al., 2015). Understanding the governance, planning, and peacebuilding in
processes through which urban land can informal settlements. Much of contemporary
take on high symbolic value, even in dilapi- urban growth takes place in the Global South
dated slum settlements, is imperative for suc- and often in the form of informal settlements.
cessful urban planning in rapidly growing Slum upgrading has been seen as a relatively
cities. To address the challenges facing efficient strategy to provide a minimum of
attempts to address urban land conflict, we basic services (Roy, 2005; Werlin, 1999).
need to know more about how such conflicts However, because of the often overlapping
are socially and politically embedded, the informal claims to the land, the approach
significance of land to communal groups, also creates major challenges and has been
and the resultant strategies they use in the described as dealing with the unplannable
pursuit of secure land tenure. (Roy, 2005: 147). As in many other rapidly
Elfversson and Hoglund 3
landscape. However, power relations also residents and local government officials.
define the parameters within which bricolage Interviews were also conducted with govern-
is allowed to take place, and the extent to ment representatives of other ethnic origin,
which communities are able to make use of intercommunal CBOs and interest groups and
both formal and informal institutions local residents (structure owners and tenants)
(Cleaver et al., 2013: 175). Hence, the analy- in Kibera from other communities.
sis of local conflict should take into account In our analysis of primary and secondary
whether and how the groups in focus have sources, we mapped the Nubian commu-
ties to central and local politicians, issues of nitys responses to urban land conflict based
political representation and ethnic voting, on our theoretical framework which empha-
and how networks of patronage channel sises actors, institutions (formal and infor-
influence and resources (McMichael, 2016; mal), power relations and changes over time.
Obala and Mattingly, 2015; Patel, 2016). Thus, in the analysis of the material, we
sought to identify: (1) the main actors and
institutions involved in addressing conflict
Methodology over land and the Nubian land claims in par-
In line with the bricolage framework, we ticular; (2) the channels Nubians utilise for
depart methodologically from a community- political influence and their relation to other
based perspective, where the responses of the communities, to capture power relations; (3)
Nubian community are the primary interest. information about historical conflicts and
To capture the key dimensions highlighted how those were addressed, to capture
in the bricolage framework, we conduct a changes over time. For additional contextual
qualitative analysis of a range of different information, we also probed into the internal
sources, including academic studies, NGO organisation of the Nubian community and
reports, news articles, official documents perceived sources of conflict.
and interviews with key stakeholders on-site
in Kibera (December 2011, February and The Nubian land question and
November 2014). In total 35 local residents,
government officials, community workers,
inter-group conflicts in Kibera
leaders and activists within community-based Kibera originated as a settlement for
organisations (CBOs) were interviewed, and Sudanese soldiers who retired from the
additional interviews were carried out with British colonial forces.2 The settlement was
local academics. The interviews were semi- founded in the early 20th century, and since
structured with questions about the main then the Sudanese settlers and their descen-
actors, institutions (formal and informal), dants have fought a long battle for official
channels of influence and historical develop- recognition of their status and rights to the
ments. Two local research assistants, with territory. Originally a small group of
experience from academic and practical work ex-servicemen was given the land in return
in conflict-affected areas, assisted in identify- for their loyal service. However, while the
ing relevant interviewees and served as inter- Sudanese interpreted this as land rights that
preters. We deliberately sought to limit bias in could be passed on to their descendants, the
the sample by using multiple entry points to colonial authorities did not intend for the
approach the interviewees. The material emer- settlement to remain permanent and no for-
ging from the interviews represents the views mal rights to the land were granted.
of different stakeholders within the Nubian Although not a homogeneous ethnic com-
community, including Nubian interest groups, munity, the Sudanese ex-soldiers and their
6 Urban Studies
descendants adopted the Nubian identity in intermingled, Kibera is divided into settle-
independent Kenya in order to promote ments or villages which are usually domi-
their rights in a political system that places nated by one ethnic group. No official
strong emphasis on ethnic affinity (Adam, figures exist, but the Luo are believed to be
2009). the largest ethnic community in Kibera, fol-
lowed by the Luhya and the Kisii (de Smedt,
2011: 110). A reasonable estimate is that
Urban land conflict there are around 20,00030,000 Nubians in
The conflict between Nubians and other Kenya, of whom 10,00015,000 reside in
communities in Kibera can be traced back Kibera (Balaton-Chrimes, 2015: 20).
to the Nubians original struggle over formal The struggle for land in Kibera is inex-
rights to the land, the continuous influx of tricably linked to the political economy of
migrants, and the politicisation of Kiberas Kiberas large-scale informal rental markets.
ethnic communities.3 The legal status of the Conventional squatting was already in the
Nubians claims to the land was never set- 1970s replaced by unauthorized commercial
tled, and many Nubians faced eviction in housing development . a result of its excep-
the 1970s and 1980s as the government tional profitability (Amis, 1984: 89).
reclaimed parts of Kibera for different pur- Because of its proximity to central Nairobi,
poses (Joireman and Vanderpoel, 2011). land in Kibera has become a highly valued
Tensions persist to date between the Nubian asset and rental property is a major source
community and the government, between of income. Officially the land is state prop-
the Nubians and other ethnic communities erty; however, without any formal authority,
in Kibera, and between landlords (both local government officials approve housing
from the Nubian and other communities) structures. In this way, housing in Kibera is
and tenants. far from temporary and those receiving per-
Like many other cities in Africa, Nairobi mission . to build are acting as landlords
is facing rapid urbanisation and 6070% of (Joireman and Vanderpoel, 2011: 133). The
its inhabitants live in slums. Kiberas infor- Nubian community has retained a major
mal and unregulated status has attracted a share of the housing structures in Kibera
large influx of migrants from all over the and letting housing is their key income-
country, and today it is an ethnically divided generating activity (Balaton-Chrimes, 2015:
slum area. Over the years, Kiberas popula- 113; de Smedt, 2011).5 However, the Kikuyu
tion has also seen a tremendous growth. landlords have surpassed them in numbers,
Although population figures for Kibera are while the majority of the tenants have come
highly disputed, the population is estimated from the Luo and other communities domi-
to have increased from 3000 in 1960 to nant in western Kenya (de Smedt, 2011:
287,000 in 1999 (government figures from 101). Because residents and house owners in
2009 put it lower, at 170,000) (African Kibera who do not have title deeds are con-
Population and Health Research Center sidered squatters, they are constantly under
(APHRC), 2014: xvii). This population is threat of eviction (Balaton-Chrimes, 2015:
crowded into an area of around 550 acres or 111; Nubian community worker, 27
2.2 km2 (de Smedt, 2011: 10; Tambo, 2011). November 2014).
Of these 550 acres, around 300 acres are still The concentration of property in Kibera
public land and constitute the land being and the informal rental market also have
contested (DPC official, 24 November important political dimensions. It is well-
2014a).4 Although the communities live known that many national and local
Elfversson and Hoglund 7
politicians own structures in Kibera (as in the election; the Nubians were at this time
other slum areas in Nairobi) and the tenants politically aligned with the opposition
form key constituencies for political mobili- (Balaton-Chrimes, 2015: 112).
sation (Chege, 1981; Kiyu, 2013: 107). For
this reason, Kibera has become an impor-
tant electoral mobilisation ground, especially The institutional landscape
since the early 1990s when Raila Odinga The institutional landscape has evolved over
began to establish himself as a national poli- time and is currently undergoing transfor-
tician. Odinga, a Luo, has relied on patron- mation as a result of the new constitution
age networks to consolidate Kibera as one adopted in 2010. Under this constitution,
of his major strongholds. Kenyan politics is the most important administrative levels in
organised around ethnic networks which Kenya are the counties, headed by County
determine access to power and resources Commissioners; the sub-county level,
(Haugerud, 1995; Lynch, 2011). Thus, vio- headed by Deputy County Commissioners;
lence in the slum can often be traced to the the wards, headed by Assistant County
national political arena and the divisions Commissioners; and villages or locations,
between ethnically mobilised parties headed by Chiefs.6 In rural areas, a location
(de Smedt, 2009; Kiyu, 2013). may cover a vast geographical area but in
In this context, violence between Nubians the cities, populations are dense and loca-
and other communities in Kibera has tions are smaller in size. For instance, within
erupted on several occasions, often con- Kibera there are four locations, each with its
nected to broader political dynamics and own Chief (DPC official A, 2014). Chiefs
elections. In 1995 and 2001, there were polit- are in charge of maintaining peace and order
ically related clashes between Luo tenants within their location (Chiefs Act, 2012
and Nubian landlords. The violence in [1998]), and they in turn work with village
2001 was triggered by a visit to Kibera by elders, a position that is recognised by law
Raila Odinga, by then a presidential aspir- but is not a salaried position and recruit-
ant, who stated at a political rally that the ment is not formalised (for a broader discus-
government is the true landlord (referring sion of the political role of Chiefs and elders
to the fact that the land is formally govern- and how these have evolved over time, see
ment property) and argued that Kiberian Haugerud, 1995: 122130).
landlords should be forced to reduce their The new Kenyan constitution, adopted in
rents (Joireman and Vanderpoel, 2011: 134; 2010, has resulted in stronger local govern-
Rosenberg, 2001). Some commentators sug- ment; however, the overall responsibility for
gested the violence was instigated to drive conflict management formally still falls under
the Nubians out of Kibera; many had their the national administration (Government
properties destroyed and thousands were official, 1 December 2011). Meanwhile, the
reportedly displaced by the violence (Inter constitution includes provisions that are
Press Service, 2001). Kibera was also intended to reinforce customary conflict res-
affected by the large-scale violence in the olution in local land conflicts. Importantly, it
aftermath of the December 2007 elections, recognises community land which is held by
but the Nubian community escaped most of communities identified on the basis of ethni-
the violence. Although the violence was to a city, culture or similar community of interest
large extent carried out by Luo and land- (Constitution of Kenya, 2010: Chapter 5,
lords were targeted, it was mainly directed at Section 63). It also calls for the encourage-
Kikuyu who were perceived to have stolen ment of communities to settle land disputes
8 Urban Studies
through recognized local community initia- Reframing the political struggle in response
tives consistent with this Constitution to institutional change
(Section 60). In many rural areas of Kenya,
The Nubians struggle for land rights and
this principle was enshrined in the emergence
recognition illustrates how conflicts are
of District Peace Committees (DPCs) during
the 1990s and later, intended to deal with reframed over time to adapt to changes in
local intercommunal conflicts in areas with a the institutional context. Within different
limited state presence (Odendaal, 2013: 35 institutional frameworks, Nubian commu-
37). After the 2007/2008 post-election vio- nity leaders have drawn upon different legiti-
lence, DPCs were implemented throughout mising discourses to argue their case for title
Kenya, including in the urban areas, deeds in Kibera, and have altered the specific
intended to serve as a link between commu- claims they have pursued. These dynamics
nities and government (DPC official, 24 have influenced the very nature of the con-
November 2014a). The DPCs are hybrid flict and made it more interlinked with com-
institutions (UNDP Kenya, 2011), which munal identity issues, thereby increasing its
have a formalised role in the administrative salience and intractability.
structure, but build on informal community During the colonial period, the British
leadership (elders and religious leaders). employed indirect rule in Kenya, whereby
Many cases that are handled by Kiberas ethnic groups were ruled and, importantly,
DPC entail mediation over a specific piece of land allocation governed through custom-
land. In addition to these formal and hybrid ary or tribal institutions. However, the
arrangements intended to deal with land con- Nubians, who did not constitute a native
flict in Kibera, stakeholders on different tribe, fell outside this system. Instead,
sides of the conflict have organised to pro- Kibera was governed through military struc-
mote their interests or to mediate in the con- tures. When these were removed, the Nubian
flict, including in the form of CBOs, interest community and its settlement fell into an
groups, or through religious structures. institutional limbo (Parsons, 1997). In the
colonial period, the Nubian campaign for
the right to land in Kibera was framed in
Institutional bricolage and the relation to their special status and the obli-
struggle for an ethnic homeland gations owed to them by the military, and
they largely rejected tribal identification
The Nubian community argues that they, as
(Johnson, 2009).
the original inhabitants of Kibera, should be
In post-independence Kenya, the institu-
granted legal ownership in the form of a
tional framework around both land rights
communal title deed. They consider Kibera
and citizenship emphasises tribal identity
their home of last resort (Nubian elder, 26
and belonging. This has made ethnicity and
November 2014b). The main grievance lies
communal belonging highly territorialised
with the government who formally control
(Jenkins, 2012) and has affected the way
the land. At the same time, the uncertainty
Nubian community leaders have sought to
of the land issue has created intercommunal
legitimise their claims. The community has
tensions. The institutional bricolage frame-
been striving to become the 43rd recognised
work uncovers how, in the face of different
indigenous tribe of Kenya. Although for-
institutional and political developments, the
mally entitled to citizenship, Nubians have
strategies of the Nubian community have
faced difficulties in obtaining ID cards,
added to the complexity of the conflict over
which have both symbolic and practical
time.
Elfversson and Hoglund 9
value for Kenyans (Balaton-Chrimes, 2015: Nubians to have private title deeds. There
6375; Nubian elder, 26 November 2014a).7 are also concerns that land will be sold if pri-
The Nubians have always been in the cate- vately owned since it is so valuable.
gory of ethnic strangers in Kenya. The However, the aspiration to a communal land
2009 census coded for the first time a num- title is also intertwined with claims to be
ber of minorities and sub-tribes that had not recognised as a community with a legitimate
previously been officially classified, includ- right to belong in Kenya (Nubian elder, 26
ing the Nubians. Before that, Nubians were November 2014b).
recorded as other Kenyans or as others This shift has had negative implications
(Adam, 2009). for communal relations in Kibera. For other
Moreover, contrary to many other ethnic communities residing there, the Nubian
communities in Kenya, the Nubians do not claim to a communal title, rather than indi-
have any notion of a homeland apart from vidual ownership, is not legitimate (Nubian
Kibera. The lack of a rural homeland creates community worker, 29 February 2014).
insecurity, because if they are evicted, they Structure owners in Kibera have mobilised
have no other place to go. The notion of a to petition the government on these issues
homeland is also important for burial prac- because they fear being evicted if the
tices and the Nubians have their main burial Nubians are given the land (Kibera commu-
site in Kibera. This is often invoked by the nity activist, 26 November 2014). National-
community to strengthen the claim that level statements that title deeds will be issued
Kibera is theirs (Jenkins, 2012: 581; to Nubians have been met with fierce, and
Community activist, 27 November 2014a; at times violent, protests. There are claims
Government official, 26 November 2014). that these protests were not spontaneous,
While the land in Kibera is of economic sig- but organised mainly by Luo and Kikuyu
nificance, especially for Nubian structure stakeholders (Kibera community worker, 25
owners, the community is also interested in November 2014). In December 2013,
the land for its symbolic value a place to President Kenyatta reportedly intended to
call home (Nubian community activist, 24 come and deliver title deeds to the Nubian
November 2014a; Nubian elder, 26 community, but the visit was cancelled for
November 2014). The symbolism employed security reasons and the intention to deliver
to support their claims to become a recog- the deeds was later denied (Odunga, 2013;
nised tribe, such as tribal identity and burial Ombati, 2013).
sites as proof of belonging, signifies a rea-
lignment with dominant discourses in post-
Customary authority and urban land
independence Kenya.
The shift from a focus on individual title conflict
deeds to an emphasis on communal title also The Nubian community in Kibera engages
reflects an adjustment to the altered institu- with both formal and hybrid institutions to
tional framework around land rights. In the address everyday-level conflict with both the
1970s, Nubian MP Yanus Ali advocated government and with other communities.
individual title deeds for the Nubians. Yet the violence that from time to time
Today, representatives of the Nubian com- erupts in Kibera highlights the shortcomings
munity aspire to a community title. This of the formal political and security struc-
shift, which took place in the early 2000s, is tures to cope with intercommunal tensions,
partly a pragmatic approach since there is and the significance of customary authority
not enough land left in Kibera for all in addressing urban land conflict. Moreover,
10 Urban Studies
the case illustrates how customary authority Nubian community activist, 24 November
has adapted in the face of an altered institu- 2014b; DPC official, 20 February 2014).
tional context and changed circumstances. This dialogue was perceived as successful in
For instance, the formalisation of the elders reducing tensions between the communities.
is related to the statutory delegation of The elders also worked to prevent violence
authority regulating land and conflict man- ahead of the 2013 election, when tensions in
agement. Yet the position of the elders high- Kibera abounded. On their own initiative,
lights issues related to representation: the the Nubian elders went to all the villages in
Nubian community is not a unitary actor, Kibera for peacebuilding purposes (Nubian
but is divided as to how best to pursue its elder, 26 November 2014a).
interests. Informal institutions such as customary
In Kenya, customary leaders the elders authority adapt and evolve parallel to for-
have historically played an important role mal arrangements. Ross (1974) describes
in local governance (Haugerud, 1995: 122 how residents in the Mathare informal set-
130). They have had a key role in both for- tlement in Nairobi drew heavily on Kikuyu
mal arrangements for conflict resolution and custom in establishing a committee of elders
informal processes responding to immediate for conflict management, while simultane-
crises (Adan and Pkalya, 2006). This is also ously adapting this institution to enable
the case in Kibera. The Nubian elders are broader participation as well as cooperation
conceived of as the leaders and spokesper- with the urban courts and police authorities.
sons of the community (Government offi- Similarly, the Nubian Council of Elders has
cial, 24 November 2014; Nubian community evolved both in reaction to local necessities
activist, 24 November 2014a).8 In this capac- and the national institutional framework.
ity, they are part of the District Peace The Nubian elders draw heavily on custom-
Committee (DPC), which plays a core func- ary practices within the community as a
tion in managing land conflict and intercom- legitimising discourse, again reflecting the
munal tensions in Kibera through dialogue reframing of the Nubians struggle in tribal
and mediation. Whenever a dispute arises, it terms. At the same time the Council of
is referred to the DPC, where all commu- Elders has undergone an increasing level of
nities are represented. The DPC has been formalisation. The practice of elders as com-
effective in many cases (Government official, munity leaders has a long history within the
26 November 2014), but if the parties resist Nubian community as well as most other
its judgement and the conflict is not settled Kenyan ethnic communities.9 The establish-
through the DPCs mediation, the case is ment of a formal Council of Elders whose
referred to the courts. In this sense, there are chairman claims to represent all Nubians in
limits to the authority of this hybrid Kenya is more recent and took place around
structure. 2000 (Balaton-Chrimes, 2015: 116). Probing
In situations of crisis and conflict, the the origins of this formalisation, interesting
elders have represented the Nubians in inter- tensions are revealed. Representatives of a
community dialogue (Nubian community Nubian community-based organisation
activist, 24 November 2014b). For instance, claim that the Nubian Council of Elders was
after the 2001 violence, Nubian and Luo created by them for conflict resolution pur-
elders and spiritual leaders (as well as repre- poses, since the elders could meet with the
sentatives of other affected communities) sat other tribes leaders to resolve issues
down together and discussed at length how (Nubian community activist, 27 November
to address the conflict (de Smedt, 2011: 114; 2014a). Another source claims that the
Elfversson and Hoglund 11
Council was formed during the constitu- custodians of the land and have been the
tional review process because of the need for most vocal in the struggle for a communal
formal representation; since then it has con- deed.
tinued as a body (Nubian community acti-
vist, 27 November 2014b). Representatives
of the Council of Elders describe how they Power relations and the limits of
were assisted by an NGO in becoming a institutional bricolage
more formal organisation (Nubian elder, 26 The Nubians make use of a set of arrange-
November 2014c). ments for conflict management with hybrid
The formalisation of the Nubian Council institutional bodies that transcend the
of Elders has brought the broader problem boundaries between formal and informal,
concerning representation into full light. It is state and non-state, in order to avoid inter-
clear that the community does not speak communal tensions and manage daily con-
with one voice and has different priorities. flicts. However, the ability of the Nubian
First, the status of the Nubian Council of community to promote its interests is highly
Elders remains contested. While it is recog- influenced by its status as a small minority
nised to have a key role, not all agree that it within Kenyan politics and society. Two
speaks for the entire Nubian community points stand out as important in understand-
(Nubian community activist, 27 November ing the limits of institutional bricolage in
2014). The administration sometimes such context.
chooses to work with other Nubian elders, First, the Nubian struggle for land has
but these elders are often considered biased been highly influenced by the Nubian minor-
(Nubian community activist, 27 November ity status and this groups relationship to a
2014b; Nubian elder, 27 November 2014). governing political regime characterised by a
Second, there are several other organisations high degree of asymmetry in terms of power
claiming to represent the Nubian commu- and resources. The Nubians are a small
nitys interests (DPC official, 24 November minority which has had limited political
2014a). In addition to the Council of Elders, influence and representation in formal insti-
there are organisations such as the Kibra tutions. There has been only one Nubian
Land Committee, formed in order to pursue Member of Parliament, Yanus Ali, who sat
the issue of a communal deed (Taylor, 2004: for one term (19691974) and who failed to
24) and the Nubian Rights Forum, which win support for any of the aspirations of the
focuses mainly on human rights issues but Nubian community concerning land. In
has become increasingly involved in the land Kibera, Nubians are outnumbered by other
question. Third, not all Nubians are inter- communities and as such unable to elect
ested in a communal title deed: some their own local politicians. Because they
Nubians who own structures or use the land have not naturally belonged to any side in
for commercial purposes in Kibera aspire to the political game, the Nubians have tended
individual deeds (Nubian elder, 27 to vote for the party in power. Historically,
November 2014). Even among those who this strategy has yielded some success for the
aspire to a communal title deed, there is no Nubians. In 1984, the Nubians secured title
unity regarding the preferred arrangement deeds to the main mosque in Makina village
for its management (e.g. Kibera community in Kibera by supporting Philip Leakey, a
worker, 25 November 2014). Notably, given KANU loyal MP from 1979 to 1992
the way community land is regulated in the (Balaton-Chrimes, 2015: 51; de Smedt, 2011:
constitution, the elders would be the 111). The Nubians have also been successful
12 Urban Studies
in getting one of their own appointed as certain extent, the fact that they have no
local Chief. While the norm in Nairobi is strong allies in the political centre means
that Chiefs are transferrable and do not that their interests become subordinate to
work in their own locations, in 2007 a local other, more pressing political agendas. As a
Nubian was appointed Chief in Kibera after metaphor, one informant referred to the
a petition to the government (Government Nubians as a step child of political patrons,
official, 24 November 2014, 26 November who will prioritise the interests of their own
2014). And in response to persistent lobby- ethnicity first (Kibera community worker,
ing by the Nubian community, successive 25 November 2014). In the Kenyan context,
governments have made promises of title this makes them vulnerable, since patronage
deeds (DPC official, 24 November 2014b; through ethnic networks is a standard means
Government official, 24 November 2014; through which to secure land.
Taylor, 2004). The issue was discussed dur- Second, while there any many divisions
ing the 2013 presidential debate, and after within the Nubian community, Nubians are
the election, the Nubians were again prom- united in their awareness of the communitys
ised title deeds, but these promises remain dependence on government institutions.
unfulfilled; conflicts between the Ministry of This dependency creates highly contradic-
Land, Housing and Urban Development tory processes. Against the backdrop of the
and the National Land Commission have communitys intense lobbying for land in
added further uncertainty. From the Nubian Kibera, it may seem paradoxical that the
perspective, the status quo in terms of the governments focus on slum upgrading has
land question has resulted in frustration with been met with suspicion by the Nubians.
the government and a sense of broken pro- The Kenya Slum Upgrading Program
mises (Nubian community activist, 24 (KENSUP), supported by the government
November 2014b). Perhaps as a result of this and UN Habitat, began in 2001 but pro-
frustration, there have been attempts to gressed very slowly (Kiyu, 2013). In 2014,
bring the Nubians struggle to the interna- the President accelerated slum upgrading in
tional arena (Nubian elder, 26 November Kibera, which was undertaken by the
2014c). National Youth Service (NYS). In only a
The small and diminishing relative size of few months, the face of Kibera changed,
the Nubian community has contributed to a with roads being constructed, the sewerage
sense of urgency in their struggle for land system cleaned up, and toilet facilities built.
rights. There is also a major concern that the However, both with regards to KENSUP
rights of the Nubians are overridden by and the NYS-run upgrading, the Nubian
the interests of politicians, who seek to win community has complained about a lack of
the support of the wider Kibera population, inclusion and consultation in the planning
and the landlords and business owners and launching of the programmes (Balaton-
(many of whom are politicians and/or reside Chrimes, 2015: 96; Government official, 24
outside the slum) who see Kibera mainly as November 2014; Nubian community acti-
an income-generating project (Kiyu, 2013: vist, 27 November 2014b).
107). Thus, in various ways, the politics of The Nubian community views the slum
land in Kibera and the assurances granted upgrades as a threat to its struggle for land
the Nubians of secure tenure cannot be sepa- rights. While the programmes have provided
rated from either national-level or local-level much-needed employment for young people,
politics. While siding with those in power the community is concerned that this is a
has served the Nubian community to a first step to final dispossession (Government
Elfversson and Hoglund 13
as a representative of the Nubian commu- 2. See Parsons (1997) and de Smedt (2011) for
nity is contested and creates dividing lines accounts of the history of the Kibera
within the Nubian community. Nubians.
Third, the analysis shows how simulta- 3. For an extensive account of the Nubians
neous processes of urban development, on struggle for recognition and land rights, see
Balaton-Chrimes (2015).
the one hand, and delegation of authority to
4. The Nubian village would comprise
customary institutions and communal iden- Makina, Lindi, Kisumu Ndogo, and
tity groups, on the other, can exacerbate con- Mashimoni (Government official, 24
flict by increasing the symbolic and political November 2014); by another account also
value of land. The Nubians limited political Karanja, Kambi Muru, and Laini Saba
influence implies that they are painfully (DPC official, 24 November 2014b).
aware of the need to side with the govern- 5. Many live in extreme poverty, further exacer-
ment, while remaining sceptical and even out- bated by sociopolitical marginalisation.
right opposed to slum upgrading because of Among Nubians across Kenya, the average
daily income per household is just US$4, with
the unfulfilled promise of title deeds. In sum-
about 70% unemployed (Open Society Justice
mary, the social and political embeddedness Initiative (OSJI), 2011a).
of urban land conflicts presents difficult chal- 6. The structure of local government, and partly
lenges to urban planning and slum upgrading terminology, changed with the 2010 constitu-
programmes. To deal with these challenges tion. Previous divisions correspond to the cur-
requires in-depth understanding of the way rent wards; the previous districts to the sub-
that urban land conflict relates to issues of counties. The previous eight provinces have
recognition, political influence and identity. been replaced by 47 counties.
7. An ID card is a requisite for employment,
higher education, opening a bank account
Acknowledgements and other crucial services. To obtain ID
We thank Annika Bjorkdahl, Karen Brouneus, cards, ethnicity and district of origin have to
George Kabongah, Ulrika Waarenpera, and be declared. Motivated by security concerns,
Sarah Jenkins for valuable comments on drafts of vetting procedures were introduced in the
the manuscript, and Lucy Wambui Ndungu and 1980s for all Kenyan Somalis, but also for
Carole Kisato for research assistance. Equal other marginal groups, including the
authorship applies; the order of authors is Nubians. According to one report (OSJI,
alphabetical. 2011b), 44% of Nubians asked were screened
as part of the application process for an ID
card.
Funding 8. The conception of elder status, although
The research was funded by the Swedish Research based on age, is fluid. One informant stated
Council 348-2013-118. that elders are usually older than 60 years
(Nubian community activist, 24 November
2014b), while another suggested that they are
Notes above 40 or 50 years old (Nubian elder, 26
November 2014c).
1. Kibera is also referred to as Kibra; the origi- 9. While they build on traditional communal
nal name in Kinubi. Nubian and Nubi are practices, councils of Elders are not always
both used to refer to the community; in this ethnic councils. Especially in mixed areas,
paper we use the former, which has been the they may draw their members from different
main term used in previous research. ethnic groups (Ross, 1974).
Elfversson and Hoglund 15
their failings. In: Joireman SF (ed.) Where offending in Nairobi, Kenya. Urban Studies
There is No Government. Oxford: Oxford Uni- 51(9): 18121882.
versity Press, pp. 129152. Parks MJ, Dodoo FNA and Ayernor PK (2015)
Kiyu GM (2013) Politics and Slum Upgrading in Applying neighborhood-effect research to a
Kenya: A Case Study on the Influence of Slum global south city. Global South 8: 119138.
Upgrading in Kibera. Frankfurt: Peter Lang. Parsons T (1997) Kibra is our blood: The Suda-
Lombard M and Rakodi C (2016) Urban land nese military legacy in Nairobis Kibera loca-
conflict in the global south. Urban Studies tion, 19021968. International Journal of
53(13): 26832699. African Historical Studies 30(1): 87122.
Lund C (2006) Twilight institutions: Public Patel K (2016) Sowing the seeds of conflict? Low
authority and local politics in Africa. Develop- income housing delivery, community partici-
ment and Change 37(4): 685705. pation and inclusive citizenship in South
Lund C (2008) Local Politics and the Dynamics of Africa. Urban Studies 53(13): 27382757.
Property in Africa. New York: Cambridge Rakodi C (1995) Rental tenure in the cities of
University Press. developing countries. Urban Studies 32(45):
Lynch G (2011) I Say to You: Ethnic Politics and 791811.
the Kalenjin in Kenya. Chicago, IL: University Rigon A (2016) Collective or individual titles?
of Chicago Press. Conflict over tenure regularisation in a Ken-
McMichael G (2016) Land conflict and informal yan informal settlement. Urban Studies 53(13):
settlements in Juba, South Sudan. Urban Stud- 27582778.
ies 53(13): 27212737. Rosenberg MJ (2001) At least 12 killed in clashes
Marx C (2016) Extending the analysis of urban in East Africas largest slum. Associated Press,
land conflict: An example from Johannesburg. 4 December. New York.
Urban Studies 53(13): 27792795. Ross MH (1974) Conflict resolution among urban
Montgomery MR (2008) The urban transformation squatters. Urban Anthropology 3(1): 110136.
of the developing world. Science 319: 761764. Roy A (2005) Urban informality. Journal of
Murunga GGR (1999) Urban violence in Kenyas the American Planning Association 71(2):
transition to pluralist politics, 19821992. 147158.
Africa Development 24(1): 165198. Scambary J (2013) Conflict and resilience in an
Obala LM and Mattingly M (2015) Ethnicity, urban squatter settlement in Dili, East Timor.
corruption and violence in urban land conflict Urban Studies 50(10): 19351950.
in Kenya. Urban Studies 51(13): 27352751. Tambo JA (2011) Understanding Kibera Slum in
Odendaal A (2013) A Crucial Link: Local Peace Nairobi. Bungoma: Kelpat Press.
Committees and National Peacebuilding. Taylor WE (2004) Property rights and responsi-
Washington, DC: USIP Press. bilities? The case of Kenya. Habitat Interna-
Odunga D (2013) Tension over Uhuru Kibera tional 28(2): 275287.
visit. Sunday Nation, 8 December. Nairobi. Tsing A (2005) Friction: An Ethnography of Glo-
Ombati C (2013) Esipisu: Uhuru Kibera visit claims bal Connection. Princeton, NJ: Princeton Uni-
false. The Standard, 9 December. Nairobi. versity Press.
Open Society Justice Initiative (2011a) Nationality UN Habitat (2013) Country Programme Docu-
and Discrimination: The Case of Kenyan Nubians. ment 20132015: Kenya. Nairobi: UN Habitat.
New York: Open Society Justice Initiative. UNDP Kenya (2011) Community Peace Recovery
Open Society Justice Initiative (2011b) Nubians in & Reconciliation. Nairobi: UNDP, ACORD &
Kenya: Numbers and Voices. New York: Open NSC.
Society Justice Initiative. Werlin H (1999) The slum upgrading myth. Urban
Ostrom E (1990) Governing the Commons. New Studies 36(9): 15231534.
York: Cambridge University Press. Wilkinson SI (2004) Votes and Violence. Cam-
Parks MJ (2014) Urban poverty traps: Neigh-
bridge: Cambridge University Press.
bourhoods and violent victimisation and