Unlike previous meetings where the Ministry of
Energy and Tullow used to addressing frail-looking Turkana men and women,
under Acacia trees near drilling sites in Ngamia-1, Twiga-1 or Lokichar town,
this time round it was extraordinarily different. In a show of unity of
purpose, members of parliament from all the three constituencies i.e., Turkana
North, South and Central, joined political aspirants, civil society groups,
former MPs, civic leaders, religious leaders and professionals. The
people of Turkana standing united regardless of their political, religious,
economic and social status agreed to forge a collective agenda for a future of
sustainable development of their society. The meeting, though in a cool-modern
hall, not under the traditional tree, gave the Turkana people a platform to
discuss, confront and ask many unanswered issues of County and national
importance.
On the
first day, Mr. Ateyo, the Chairman of Turkana County Oil Committee, unhesitant,
kicked of the meeting by accusing Tullow Oil Kenya of arrogance and
disrespecting the local leaders and community. He was particularly disappointed
with Mr. Martin Mbogo, General Manager of Tullow Oil claiming that "This
man is the most arrogant man I have dealt with in my entire working life as a
teacher and now, as a councillor,” He further argued that every time the
committee plans to meet Mbogo, his handler (Corporate Affairs Manager) gives
excuses that Mbogo is abroad, either in South Africa, Uganda or the UK.
"This is the first time we are meeting head of Tullow Oil in
Kenya," said Ateyo.
At the conclusion of the first day, the people of
Turkana elected, endorsed and mandated the Turkana Leadership Forum, a group
composed of three current sitting MPs, councillors, Turkana County Council,
religious leaders, Turkana professionals, Turkana county oil committees and
representatives from faith-based and civil society organizations. The forum
main objective was to represent the Turkana people in all engagements with the
Government, Ministry of Energy, Tullow Oil Plc and other oil prospecting firms.
Additionally, the forum was tasked with developing policy and development
issues both in national and international platforms. This is to protect the
interest of the Turkana people by the Government and multinationals to
redistribute oil wealth instead of risks.
Unprecedentedly, on the second day, a
heavy contingent of anti-riot police was deployed at the meeting venue. A
heated debate ensued where local Turkana residents, owners of land and oil put
the Ministry of Energy, Tullow and Turkana County Council, on the spot. They
accused them of blatant corruption, human rights abuse, mistrust, disrespect,
arrogance, manipulation and high-handedness.
Once
again Ateyo argued that the Turkana people have been long been marginalised by
successive governments where yet again being subjected to similar exclusionist
policies. He noted adamantly that a future of Turkana people, which
is now anchored on the new Constitution, should be respected and they should be
allowed to participate. He argued that disrespecting the Turkana people by
invading Turkana land and exploring resources without consent from local
residents or Turkana County Council is tantamount to the dark days where
the district was excluded and disenfranchised from the rest of the country.
Furthermore, during the feedback session, one
elder from the Turkana County Oil Committee, a tall and sporty elder stood to
speak and told Tullow off in a thunderous signature: "This is not the
Turkana of the 60s and 70s but of the 21st century, where 50 per cent of the
Turkana are educated,” said Mr David, a respected elder and local civic leader
shouted angrily.
One time during the meeting, participants chanted
enthusiastically that "Tullow wanatumia kirauni,” (loosely
translated to mean that Tullow are using the government’s hand to oppress
them). As a resident of Turkana, it is my opinion that Tullow and other oil exploration
multinationals take effort to co-operate with a human-face and get support from
local communities because they are more equal partners in the oil business as
the same Ministry of Energy that has licensed them to prospect oil.
Currently, Tullow operates with
impunity. Tullow Oil Kenya has previously been accused of using Provincial
Administration, particularly local District Commissioners (DCs), District
Officers and chiefs to harass and intimidate local communities in the oil
exploration areas like Ngamia 1 and Twiga 1 in Turkana South District, in
addition to informally invading land without local consultations.
Turkana residents have equally observed
that Tullow Oil roams with letters from Nairobi, purportedly written by the
Permanent Secretary for Energy authorising them to access any piece of land
holding oil deposits in Turkana without public participation. Tullow has
deliberately ignored the Turkana County Council, the local authority who holds
the trust land on behalf of the Turkana community. Furthermore, both Tullow,
and the Ministry of Energy have ignored the plight of hundreds of local
residents displaced in the exploration area and learning in some schools like
Kapese Primary School, where Twiga 1, is located has been disrupted.
Moreover, since Tullow began exploring oil, it
has not made exploration Environmental Impact Assessment (EIA) report public.
Ironically the District Commissioner has been quoted several
times in the media confirming availability of the EIA and in support of Tullow.
It was also mentioned that in several incidences,
Tullow Oil Kenya has been dictating corporate social responsibility (CSRs)
activities and costing. The residents claimed that in every meeting Tullow
official flush copies of cheques purportedly to have been issued for various
CSR projects, including education bursaries and construction of classrooms to
justify their work in Turkana. The local MP, (who) accused Tullow of ignoring
existing devolved structures, like the Constituency Development Fund (CDF), to
channel its CSR funds for appropriate identification of community service
projects.
Additionally in 2011, for instance, Tullow
allocated a meagre 1.3 million Kenyan shillings (approximately GBP 10,000) for
education bursaries, This despite Tullow being a multinational company,
deriving colossal earning from its share trade whose prices which have been
increasing in the London Securities Exchange, since the discovery of oil
deposits in Turkana County in March, 2012. Mr Lochiida, chairman of Turkana
East District Oil Committee, constituted in January 2012, confirmed that
although they have received and distributed the money to university
students, the funds are insufficient to cater for the growing education needs
of the community. Though Tullow claimed that they have so far
allocated approximately 10 million Kenyan shillings (GBP. 100, 000) for various
CSR projects, the leaders and community demanded that Tullow declares
expenditure of the CSR money dished out in addition they ought to develop
a structured and accountable mechanism to harmonise CSR activities
and funding with existing local institutions.
Likewise, the Turkana people questioned the
recruitment, and tender procedures of Tullow. Residents noted that out of the
500 Tullow Oil Kenya staff, only 40 (8% of staff) were locals who are hired as
casual labourers, usually for daily or month long work. The residents accused
Tullow of importing staff, including drivers and support staff from Nairobi who
could be hired locally. They also blamed the firm of outsourcing and awarding
tenders for basic services like cleaning, foodstuff supply, including beef
supply, to Nairobi firms. Embarrassingly as demonstration that Turkana had
capable and qualified people, during the meeting, at least 10 Turkana
engineers, including those with experience working at oil companies from the
United States, were introduced to the Ministry of Energy and Tullow officials
amidst their allegations that Turkana lacked qualified engineers
It was further revealed that Tullow,
has been hiring and paying spy and moles, including local DCs, DOs, chiefs,
councillors, security agents, CSOs and professionals to stamp their authority
and protect their oil exploration interest in the county. Residents noted that
they were induced with monetary, allowances and free flights to Nairobi, in
order to undermine the leadership and the Turkana people.
The residents further accused the oil
multinational for holding parallel meetings and disrespecting decisions
made by the Turkana people and their leaders through the Turkana Leadership
Forum.
In response to these
accusations, Mr Martin Mbogo dismissed claims that Tullow displaced local
Turkana residents in the oil exploration sites. Mr. Mbogo arrogantly ignored
the accusations and instead said that they set up the camps where there were no
permanent settlements. This according to residents was an insult to their
culture and livelihood, which entails nomadic pastoralist lifestyle. Mr. Mbogo
failed to understand that Turkana people are nomadic and Ngamia-1 or Twiga-1
oil wells sit on pastoralist land set for grazing during the dry season.
He further produced a copy of a cheque,
to show they had paid 204,000 Kenyan shillings for Ngamia 1 land rates, which
the Turkana County Council Auditor, said was rejected and returned because it
was payment for sand fees harvested by Tullow.Mr. Mbogo later ran into more
trouble when he asked Ekuru Aukot, a participant, to verify his
correspondence with the Ministry of Energy and Clerk to Turkana County Council.
This move elicited sharp protests from the crowd, kaa chini! Kaa chini!
Sit down! Sit down.
The meeting was concluded with a common
position read on behalf of the community by Prof. Michael Lokuruka. The
Turkana people demanded the following:
- Terms of Engagement, an agreement not
Memorandum of Understanding (MoU), with Ministry of Energy and Tullow, to
be signed by all parties (MoE, Tullow, Turkana County Council (Turkana County
Government) and Turkana Leadership Forum (Turkana People).
- The Turkana people also demanded that
Ministry of Energy (Government) and Tullow Oil Kenya engages the community
through the Turkana Leadership Forum forthwith without doubt, favour or
contradiction.
- They also demanded that Tullow awards
at least three out of the five post-graduate scholarships advertised by Tullow
Oil through the British Council in Nairobi, to Turkana students.
- The Turkana demanded that the
Government through Ministry of Energy to outline the oil revenue sharing
formula, including billions of Kenyan shillings paid by oil and gas exploration
multinationals as license and technical training fees. They demanded 40
per cent share of the revenue and including appointment of Turkana people
in strategic leadership positions in the 10 parastatals under the Ministry of
Energy.
- Residents also demanded that Tullow
makes available the exploration Environment Impact Assessment (EIA) report to
interested parties, including individuals, institutions and public. The also
demanded that a post-exploration socio-economic audit be conducted as soon as
possible.
- The participants
noted with concern that the absence of Minister and Permanent Secretary, main
decision makers, from the meeting, undermined the terms of engagement between
the Ministry of Energy, Tullow Oil Kenya, Turkana County Council and the
Turkana people represented by Turkana Leadership Forum. To that effect, they demanded
a meeting with the Minister for Energy and Permanent Secretary as a sign of
commitment from the Government to formally endorse the agreed expectations and
aspirations of the Turkana people contained in the yet to be signed Terms of
Engagement drafted by Turkana Leadership Forum legal team.