5. Soweto: occupation and defense of urban residential site

The Soweto slum community within Nairobi shares more than a name with the Soweto township in Johannesburg, South Africa. The two Sowetos have more in common than extreme poverty, poor living conditions and state harassment. Residents share a militancy characterized by students' massive uprising against the apartheid regime in South Africa's Soweto in 1976 and by residents' determined resistance to landgrabbers and demolition crews in Kenya's Soweto in 1996.

In December 1996, occupants of the Soweto slum village were attacked, and their homes burned by thugs suspected to have been hired by a businessman who claimed ownership of the land. A few days later, one of the 100 men mobilized to finish the demolition of Soweto was cornered by the residents. They beat him unconscious. Television cameras captured a woman and several men pouring kerosene on his body and burning him to death. Jane Wairimu Mwangi was arrested for pouring kerosene on him from her lamp before a man threw a match onto his body. Many other women and men were arrested and detained without charge in January 1997. (Those arrested included Marion Wairimu and her four month old baby, who was ill at the time) Residents then rebuilt their tin and timber houses, only to see them destroyed again a week later. "Armed police sealed off the Soweto slum village, Nairobi, as hired men pulled down the structures built on a plot reportedly owned by a city tycoon. ... Attempts by the villagers to resist eviction failed because of the police presence" (Nation Correspondent, 31 December 1996:3). After living on the land for more then 23 years, Soweto residents were forcibly removed (Nation Correspondent, 21 December 1996:5).

One woman occupant whose home was destroyed stated that "'We are ready to die here unless we are compensated and given an alternative plot by the person behind the constant evictions from this land!' ... A now homeless mother said villagers feared moving to an alternative site that had been pointed out to them at Kayole as it too belonged to an individual. 'I have nowhere to go to because the new site belongs to somebody else who will definitely evict us,' she said" (Nation Correspondent, 31 December 1996:3).⁽¹²⁾

Women members of the lobby group Release Political Prisoners (RPP) helped organize protests against the mass arrests of Soweto people in January 1997. Release Political Prisoners' members mobilized with the Organization of Villagers, Mungiki (Congress) and Soweto residents to demonstrate against the police over the arrests. A white South African man was among the demonstrators. He was questioned by police, who also confiscated his passport and threatened to arrest him. The demonstrators insisted they would not vacate the police station without him. Police released him. The Daily Nation reported that "Mr. Wegerif, an opponent of the now defunct apartheid system, ... said he was told he had no right to intervene on behalf of the villagers since he is a tourist. 'I'm not a tourist. I am a human rights activist,' he said, likening the Soweto situation to the apartheid system in South Africa" (Konchora 14 January 1997:4).

6. Kamae: occupation and defense of urban residential site

In May 1998, a chief claimed ownership of a plot of land in Kamae village, 10 kilometers outside Nairobi. Kamae is home to a community made up of small scale subsistence farmers and casual labourers on nearby coffee estates. Most households are female headed. Residents claim that the land, part of a farm owned by Jomo Kenyatta, was given to them by the late president. On May 5, 1998, a chief moved in with dozens of armed guards to occupy a portion of the village land. He claimed he was going to build a home for street children. Kamae villager, Salome Wacera Wainaina (44 years), confronted the chief and called to her neighbours to help. The villagers came to resist the chief's occupation of the land. Police shot into the crowd, killing Wainaina and injuring a young man. Caroline Atieno, a secretary of Organization of Villagers, stated that

In Muungano, I can say that the women are in the front line. ... for example, in Kamae village, where a woman was in the front line protesting about the land grabbing. We Muungano and the Release Political Prisoners [lobby group] did a demonstration and left the coffin at the Provincial Commissioner's office. So the women were the people who are very active in protesting (First Woman, Caroline Atieno 25 July 1998).

The protestors demanded the arrest of the chief and the policeman who murdered Wainaina. The policeman was merely transferred to another division.

7. State-owned forests: forest dwellers' assertion of occupational entitlements

Dozens of rural squatter families have been residing by the roadside around Mt. Kenya after the government evicted them from Mt Kenya and Aberdare forests in 1989. They are among the thousands of squatters that the government claims will be settled on 170,000 acres of land to be excised from state forests in Central and Rift Valley Provinces. The excision plans have set in motion a conflict amongst the government, squatters, donors and environmentalists (Kago and Munene 20 November 2001).

Wangari Maathai and environmental activists in the Green Belt movement and in other civic organizations oppose the privatization of the forest land. They claim the forests are not only being allocated to forest dwellers, who survive especially on bee-keeping and the collection of wild honey. Genuine forest dwellers are hunters and gatherers who are very capable of preserving and nurturing the forest and its many resources, including water catchment areas. However, the environmentalists claim that much of the land has already been allocated to private developers who will destroy the ecosystem (Kago and Munene 20 November 2001). Joseph Sergon, lawyer for the Ogieks of Mau West, "differs with Green Belt Movement co-ordinator Wangari Maathai's blanket condemnation of the degazettement notice. 'It is ironic that Professor Maathai could condemn an action that was for their [the Ogiek's] benefit while all along she has been supporting their cause'" (Riunge 21 November 2001). At the same time, the Ogieks of Mau East plan to sue the government over the planned excision of more than 35,000 hectares of their forest, due to the allocation of plots in the forest to "some outsiders" (Riunge 21 November 2001). It is important to distinguish between the forest dwellers' use and preservation of the forest and the private developers' exploitation and destruction of forests.

The government claims that it is responding to the needs of the landless by allocating forest land to them. But evidence of corruption in the allocation of land to big businessmen has raised serious concerns about who is making the decisions, and how the allocations are being made.

As of December 2001, the forest dwellers were excluded from decision making, while politicians and big businessmen advanced their own interests in the forest privatization exercise. For example, in October 2001, a Cabinet Minister "hived off" 1,000 acres of clan land from the Kaptagat Forest, without the blessings of elders of the community. In protest, residents pulled down the fence he had erected, and nine of them were charged. When a local chief asked elders to curse the nine, the elders refused. Instead they asked the chief to call the Minister before their council within two weeks to explain to them why he had alienated land without their permission (Ngure 8 November 2001). Because the Minister is making decisions the forest excisions will lead to the commodification of the forest, and therefore to the exclusion of subsistence users and the eventual destruction of the ecosystem.

8. Agricultural Development Corporation (ADC) farm: assertion of ownership by community members

Another area of major concern is in the allocation of public agricultural land. For instance, landless people are known to have worked for their entire lifetimes on Agricultural Development Corporation (ADC) farms in the Rift Valley for a pittance. Yet the wheeler dealing landed aristocracy use their political and financial might to get huge chunks of such land whenever it is allocated at the expense of the poor. At the peak of the rampant land grabbing, some shameless fellows were going for land used for vital purposes such as agricultural research, army barracks and national parks! (Sisule 8 October 2001)

In early 2000, Marakwet squatters occupied a 14,500-acre Agricultural Development Corporation (ADC) farm in Cherangany, Rift Valley Province. They claimed that the land was a white settlers' estate during the colonial period and was made into an experimental agricultural station after independence. President Jomo Kenyatta had given the land to the Marakwet people. In early 2000, however, some 500 Marakwet were evicted from the farm by armed General Service Unit soldiers. A section of the farm had been allocated to a senior government official. In May 2000, the Daily Nation reported that

armed Marakwet youths barred a surveyor and a chief from entering the ADC farm. The youths, who carried arrows, swords and machetes, confronted the deputy district surveyor, Mr Naphtali Kinoti, and Kaplamai chief Michael Arusei, who fled. The 400 youths surrounded the officer's vehicle and pushed it off the road, saying the two had been sent to parcel out the land to top government officials. ... The Parliamentary Anti-Corruption Committee has named prominent personalities said to have been allocated land on the farm, formerly known as Duke of Manchester (Nation 21 May 2000).

9. Criticos' farm: re-appropriation of private land by resident labourers

Basil Criticos, a Greek-born Kenyan Member of Parliament, owns at least 72,000 acres of land in Eastern Kenya. Some 47,000 acres of this land are in Taveta. The other 25,000 acres are in the Jipe area. In early 2000, Member of Parliament Stephen Ndicho called on squatters in Kenya to follow the example of those in Zimbabwe who had invaded white owned land. Squatters had long been occupying Criticos' land. When several thousand acres of Criticos' sisal crop were burned in April 2000, Criticos accused Ndicho of inciting squatters to invade his farm. The President fired Criticos from his ministerial post and charged him with incitement when Criticos publicly protested that another 8,000 acres of his Taveta farm had been occupied by squatters. The squatters accused Criticos of setting fire to Lutimae Nursery School and 18 other houses in a fit of anger (Nation 21 May 2000).

Squatters organized into the Taveta Welfare Society. They claim that the tracts of land in question were taken from the indigenous people by force during the colonial era and that the sale of the land to Criticos' father was later sanctioned by President Jomo Kenyatta's government. The Daily Nation reported that workers on the sisal plantation blamed Criticos for the tension on the farm, "noting that they had all been allowed by him to farm on the plantation as a reward for electing him the local MP. Said Mr Mwala Kizembe, who has lived on the farm since 1952: 'It was Criticos himself who told us we are free to farm for subsistence because we had elected him. But we were surprised when he turned around and accused us of being invaders.' He challenged Mr Criticos to pick out people he claimed had come from as far afield as Kitui to his farm" (Kwena 16 May 2001).

Criticos had used his land as collateral for huge loans and could not pay his debts. The bank has taken possession and seeks to force a sale. The squatters occupying the land are resisting the sale. Consequently, the bank's "property rights" are unenforceable. The Kenya government appears ineffective in securing private property. The conflicting assertions of ownership and entitlement to Criticos' land has negative repercussions for all commercial farmers and their financiers in Kenya.

The squatters have protested the sale of Criticos' land. Ruth Lelewu, chairperson of the Taveta Welfare Society, issued a statement in May 2001, vowing to block politician Harun Mwau's attempt to buy vast tracts of the farm. "The Taveta community is not taking things lying down and very soon Mr Mwau will regret not only buying the farm but having such a desire. This is a matter of life and death. Depriving thousands of people of their birth-right is not something to play with," the statement read (Mutonya 8 June 2001).

10. Githima: Peasant defense of land against clearances by means of state sponsored violence

There is clear evidence that the government was involved in provoking this ethnic violence for political purposes and has taken no adequate steps to prevent it from spiraling out of control. So far, we estimate that the clashes have left at least 1,500 people dead and 300,000 displaced. (Human Rights Watch November 1993)

The Kenyan government instigated the violence after being forced to concede to a multiparty system, in order to punish and disenfranchise ethnic groups associated with the opposition, while rewarding its supporters with illegally obtained land. ... the government has obstructed efforts to return the displaced to their homes. The government is responsible for harassing the displaced and those who assist them, while allowing the perpetrators of the violence to enjoy complete impunity (Human Rights Watch June 1997).

One woman told me, one of the clash victims, I remember her verbatim words when she was testifying of her experience, and said, well, she has been a Christian. But for a long time, she did not imagine miracles happening. But she did see a miracle happen. And what was very significant was that Bishop Ndingi was not praying in the normal way. Because when he arrived in Molo and saw what was happening, these were the words of his prayer: "God! I am calling you to come to Molo now! Because whatever is at Molo, it is only you that can handle it. Can you come now?" And that woman was saying, the warriors now were moving to the Church, the sanctuary where the people had gone to take refuge. And they could see they were going to be burnt. But the moment Ndingi prayed like that, they don't know what held up those warriors who were not able to move. And the Molo people became wild and moved after them. And that is when many of the warriors were killed and actually the Molo people accepted that they have to fight back and they started to organize themselves (First Woman, 27 April 1997).

Githima is a village near Kerisoi in Molo South in the Rift Valley. Before independence Githima was a farm of about 1,300 acres owned by a white settler. After independence, the government purchased the settler's farm. In the mid 1960s, about 300 families joined together in a land-buying cooperative to buy the farm from the government. The cooperative's members subdivided the land into four acre plots and negotiated a purchase arrangement allowing the new residents to pay off their shares over time.

On the evening of 22 April 1992, most of the village men stayed outside keeping watch, as nearby villages had been attacked in the days before and leaflets had been spread around Githima warning Kikuyu residents to vacate or face attack. The villagers could hear war cries renting the air from a village about five kilometers away. The children could not sleep, but were told to stay inside. Many women stayed in their kitchens, near the fires, with their kitchen knives on hand.

By morning, more than 2,000 attackers reached Githima. Six or seven hundred women and men of Githima's population of approximately 3,000 stayed to fight the attackers. The rest, including children and pregnant women, were escorted by men through the forest to Kerisoi, the nearest town. Men disguised themselves in women's clothes, since it was clear that though women and children were being killed, men were especially targeted.

The residents fought the attackers all day long. Helicopters landed nearby to resupply the attackers with arrows. They killed many of the Githima people. By evening, the villagers retreated to the town of Kerisoi. Among those killed that day were Mau Mau women and men who refused to retreat from the attackers. Within two days, all of the buildings in Githima had been burnt to the ground, all of the animals stolen or killed, and all of the property destroyed including fields of crops and the cooperative society tractor.

Between 1992 and 2002, most Githima residents returned to the village and rebuilt their homes. A sense of insecurity remains, however, and some residents have sold their farms to Kalenjin buyers.

Analysis of Land Occupations

We turn now to a consideration of the social character of the land occupation movements examined above. We assess the extent to which the land occupations indicate a struggle between commodification on the one hand and the reassertion of subsistence on the other hand. We do so first by considering the types of land occupations reviewed and comparing the outcomes of each. Second, we assess the extent to which the three actors in the fight for fertility have made overall gains or losses in the course of this 15 year struggle over land. Finally, we link the Kenyan struggle to the global conflict between globalizers from above and globalizers from below.

In Part One, we differentiated seven different types of land occupations according to the relationship between the occupiers and the owners of the land. We can summarize by grouping the seven types of occupations into three categories: occupants who have 1) British legal claim (ie. title deeds); 2) customary claim or 3) moral claim to land.

Those who have British legal claim to land have succeeded in maintaining their occupation of land and their reassertion of subsistence. Under the category of 'British legal claim to land' falls occupations involving peasant reassertions of subsistence on their own land, as in Maragua; and peasant defense of their own land from incursion by state sponsored land grabs, such as in Githima. We also include peasant defense of 'slum' communities by the people of Kamae, because residents there were granted their land by Jomo Kenyatta, but never received a title deed. In each of these cases, peasants have British legal entitlements to the land they occupy. Subsistence was already strong before residents were forced to defend their right to the land they occupied. In each of these three communities, residents successfully upheld their legal entitlements and defended their subsistence livelihoods. In Maragua, subsistence was significantly elaborated through the replacement of coffee production (supplied by foreign inputs, and channeled to global markets) with banana production (supplied by local trade using indigenous knowledge, and channeled to local markets to feed local workers). In Githima, the militance of the Mau Mau struggle, which had given residents the chance to own land in the Rift Valley in the first place, was revived to defend this hard-won land. Githima residents united and successfully thwarted the extra-judicial expropriation of their land. They reestablished subsistence production. Continued insecurity has made trade difficult. Insecurity and lack of trust between neighbours have led to a trickle of Githima residents selling their land and leaving. This exodus open a channel through which Githima land is alienated to ruling party supporters by judicial means, through sale of land on the market. Finally, in Kamae, residents uphold their legal claim to land by citing the authority of Jomo Kenyatta who allocated part of his many square miles of prime land to them. The loss of life in the defense of Kamae land strengthened the social movements of Muungano wa Wanavijiji (Organization of Villagers) and Mungiki (Congress).

Land occupiers citing customary claim have challenged the colonial era expropriation of their lands and the neo-colonial reaffirmation of the British enclosures. The occupants who claim customary rights hold fast to their entitlements and boldly defy 'land grabbers' who contravene indigenous tenure procedures. In three cases, the state-owned forests of the Ogieks, the state-owned Agricultural Development Corporation farmlands and the land 'owned' privately by Basil Criticos, occupiers reassert their customary right to the land and seek to reestablish subsistence with the security of recognized entitlements. Because the land is commercially valuable; occupants' customary claims confront the market's construction of land as a commodity and as alienable collateral. However, due to the continuing political saliency of customary social practices and rights, it is not easy for private developers to extinguish customary tenure claims without raising the specter of international campaigns in defense of the rights of indigenous people. At the time of writing (December 2001) most occupiers who claim customary rights to land sustain their occupancies.

Finally, land occupiers who assert moral claims to land, in the absence of legal or customary rights, have secured only ambiguous gains. In Muruoto and Soweto, occupiers have been evicted from urban market and residential sites. Despite losing their land, those evicted from Muruoto and Soweto have shifted their locations and advanced subsistence on new ground. Further, they have retained the moral high ground and have mobilized effectively into social movements such as Muungano wa Wanavijiji (Organization of Villagers) and Mungiki (Congress), for the defense of land for all, especially the poor. In Westlands, the market occupiers face constant pressure. Only in Mwea, the state-operated rice scheme, have occupiers retained their longstanding hold on land. In Mwea, subsistence has advanced in significant ways. Tenants have united in an attempt to establish legal rights to land over which they have claimed moral ownership. Mwea women's insistence on growing and marketing tomatoes feeds into a regional reassertion of subsistence.

In terms of the fight for fertility, our analysis indicates a general strengthening of subsistence across the range of land occupations detailed. As land occupiers succeed in asserting their entitlements, they strengthen bonds with one another across religious, ethnic and gender lines and mount a growing challenge to male dealers in their midst. Further, there is growing resistance against foreign capital, as Kenya's dispossessed defend rights to land, labour and resources which have for so long been exploited by foreign firms.

Peasant women and men have advanced subsistence in Maragua, Mwea, Kamae and Githima. In each of these cases, women have insisted on land for food production and men have joined them in asserting this right. Subsistence livelihoods have in turn sustained the defense of land against attack. In the course of defending their entitlements to land, women have cultivated their militancy against anyone who attempts to bar them from access to subsistence resources. Women have been central to stand-offs with police, raiders and demolition crews in Muruoto, Westlands, Soweto, Mwea, Kamae and Githima. In some cases women have engaged in armed defense. In addition, those making customary claims (forest dwellers and squatters on Agricultural Development Corporation farms and on Criticos' land) have established or seek to reinvent subsistence livelihoods consistent with their own survival and the elaboration of their cultural heritage. In all of these diverse land battles, exploited women and men have formed gendered class alliances in defense of subsistence livelihoods against the expropriation and exploitation inherent in commodified production and exchange systems.

Male dealers in Kenya have been repeatedly identified, challenged, and delegitimized by the people they dispossess. Husbands in Maragua and Mwea were challenged by their wives, and most of them capitulated to the women's demands when they realized that the subsistence alternative proposed by their wives was more lucrative and sustainable than the commodified economy into which they had been tied for some decades. Police, paramilitary troops and demolition crews have used "ultimate force" to implement commodified property relations in Mwea, Muruoto, Westlands, Soweto, Kamae, Githima and on the Agricultural Development Corporation farmlands. But the forces of repression were repelled in all cases. Though the police finally prevailed in Muruoto and Soweto, slumdwellers and hawkers throughout the city of Nairobi have lost much of their fear of the police. The poor have joined social movements to stand against state terror, and to delegitimize the 'Homeguard' work of dispossessing the poor and defending wealthy land grabbers.⁽¹³⁾

Foreign capital, including the World Bank, International Monetary Fund and transnational corporations operating in Kenya have had their profits negatively impacted by the land occupation movement. They have had to reorient their approach to commodification in Maragua. This reorientation emphasizes French beans and genetically modified bananas as alternatives to coffee. In Mwea, foreign investors fled. Where squatters make customary claims to land entitlements, the entire system of private property is challenged. Foreign and locally based corporations face the possibility of claims by indigenous people for customary entitlements to land 'owned' by big export-oriented businesses. In fact, the more foreign capital advances the privatization project, the more desperate become those who are dispossessed and the more likely it is that they will make claims on the land of transnational corporations. More and more dispossessed people in Kenya, and worldwide denounce land grabbers and dispossessors. The project of commodification, therefore, spawns resistance. It spurs a profound integration of local and international movements for the resurgence of producer control over resources, creativity, knowledge, time, trade and life itself.

The ten instances of land occupation reviewed above reveal the existence of an expanding and integrated series of dispossessed peoples' actions against commodified uses of land. The occupations take on the character of 'globalization from below.' Many Kenyans have made international links with other activists struggling for land rights and against corporate globalization. The internet and international travel by activists have strengthened the campaign for land redistribution in Kenya in key ways. Each occupation or instance of land defense contributes to the willingness and capacity of others to follow suit. Reappropriations engender a 'circulation of struggle.' Most of the successful land occupations are characterized by alliances between dispossessed women and men which validate and champion a subsistence political economy.

Land poor Kenyans are engaged in an increasingly diverse set of actions aimed at regaining access to and control over land and resources for subsistence production and trade. This drive confronts the opposing process of commodification, which is promoted ever more ardently by the Kenyan state as it is subsumed within the World Trade Organization and its regime of corporate rule. The global scope of commodification and resistance introduces into Kenya's social movements for subsistence the universality of 'globalization from below,' and the potential for practical links between struggles on an international scale. These links are already being made. Wangari Maathai has been a powerful advocate of environmental reclamation and defense through the Green Belt Movement which operates in a dozen African countries. The global Jubilee movement for debt repudiation has a branch in Nairobi. Some joined Mungiki (Congress) after international work experience in war-torn African countries. After witnessing massive hunger, dispossession and death, they returned to Kenya prepared to engage in action to prevent such disasters at home. The Organization of Villagers devised a project in 1997 to send members to South Africa to learn from urban villagers there how to rebuild slums and register communal land titles. Some land occupiers in Kenya drew inspiration from the Zimbabwe occupations which began January 2000.

These aspects of the international character of Kenya's land occupation movement demonstrate the ways in which people are organizing 'from below.' This self-organization of the multitude contrasts sharply with donor-funded aid programs which jet elites from one country to meetings with elites from other countries. Land occupations in Kenya manifest the direct appropriation by the dispossessed of the means of production, communication and transport for their own purposes. The first global congress of landless peoples' movements took place in Honduras in July 2000. Representatives from 24 countries attended and established the Global Campaign for Agrarian Reform (Rosset 2001). It is only a matter of time before Kenya's land occupiers join the international organization of the landless.

The 'circulation of struggles' in Kenya has reached an advanced stage. One instance of the reassertion or defense of subsistence facilitates other instances. In the case of Maragua, farmers who have reinvented subsistence production are supported by and linked to the dispossessed workers who defend urban slums and marketplaces in Nairobi. One direct link is through the sale of rural produce in urban areas. This type of trade is facilitated by the involvement⁽¹⁴⁾ of Mungiki (Congress) in the transport industry countrywide and by Mungiki's control over several Nairobi city routes (East African Standard 18 November 2001). The diverse types of land occupations in urban and rural Kenya are connected by the transport and marketing of subsistence crops in locally controlled markets and hawking networks. Those involved in strengthening autonomous worker-controlled transport and marketing of subsistence goods are strengthening subsistence production. Mungiki and the Organization of Villagers are but two of the well-organized networks which support the elaboration of the re-emerging subsistence political economy. Each has been involved in land occupations, land defense and the building up of social and material infrastructure essential to the survival of new subsistence capacities.

Mungiki's (Congress') takeover of local transport routes builds on transport workers' attempt to unionize the industry in the mid 1980s. The undertaking was banned outright. The new takeover also builds on the enforcement of the Saba Saba general strike of 1990, during which time youth enforced compliance by stopping traffic with burning barricades and by dropping stones from overpasses onto scabbing vehicles. The transport takeover means that Mungiki members can facilitate the movement of some people and goods (for instance women transporting foodstuffs to markets in the middle of the night) and deny transport to others. So far, Mungiki bus route occupations have led to lower fares and more security at bus stops and on public service vehicles. In this way, Mungiki builds on the socially transformational practice of auto-valuation, or the process by which producers and consumers negotiate a price that they find mutually acceptable. Auto-valuation is also being implemented by the rent-striking residents of Kibera (Thuku 29 November 2001).

To what extent can the subsistence advances made through land occupations be maintained and elaborated? To answer this question we consider the gendered class politics of Muungano wa Wanavijiji (Organization of Villagers) and Mungiki (Congress), the two organisations most deeply involved in the occupation and defense of land. The Organization of Villagers has taken part in four of the land occupations reviewed above: Muruoto, Westlands, Soweto and Kamae. It has been involved in other struggles mounted by slumdwellers and hawkers. Mungiki members have been directly involved in four of the land occupations and defenses reviewed above. These include Mungiki members' support for the transport and marketing of subsistence foodstuffs throughout the country, but specifically in Maragua; their involvement in the defense of those evicted and brutalized in Soweto and Kamae and their recruitment in the violence-affected regions of Molo, including Githima. Muungano wa Wanavijiji (Organization of Villagers) and Mungiki (Congress) express the resurgence of Mau Mau in Kenya in the 21^st century. Each organization has tremendous influence on the direction of change in Kenyan society. The question is, will the Mau Mau resurgence repeat the mistakes made by the Mau Mau of 50 years ago by settling for 'land for some' instead of 'land for all'?⁽¹⁵⁾

We consider two indicators of the levels of equality or hierarchy in relations between women and men in Mungiki and Muungano: the organizations' positions on female education and female genital mutilation. In Muungano wa Wanavijiji (Organization of Villagers), members support the education of girls and women (First Woman 25 July 1998). They are also against the practice of female genital mutilation (First Woman 12 July 1997). Women in many cultures which used to practice female genital mutilation, have a unique social power to symbolically take away or revoke life, through guturamira n'gania, or the curse of nakedness. Guturamira n'gania is the act of one or more women removing their clothing and exposing particularly their vaginas to people who have offended them. The message communicated in this way is: "This is where your life has come from. We now revoke your life." One elderly Mau Mau woman member of Muungano wa Wanavijiji galvanized the country by her use of this "curse," during a hunger strike at Freedom Corner in Nairobi in 1992. Through the act of exposing her 'warrior marks,' Ruth Wangari Wa Thungu succeeded in repelling police who were ready to shoot and kill political activists (First Woman 29 May 1996). Women's control over their own fertility or power to give and revoke life is opposed by genital mutilation which acts to curb this power.

Members of Mungiki (Congress) hold a range of views on female education and mutilation. A Nairobi human rights activist with close Mungiki ties stated that some Mungiki men do not encourage the education of women:

You know Mungiki is dominated by men and they think the woman should always remain under the husband, at home, working at women's work, going to the shamba [farm], always under the control of the husband. But by educating the girl child, she becomes independent and equal and they are against that (First Woman 15 Aug 1998).

But other Mungiki members have a more positive approach to girls' education. They claim that in these "modern times" girls not only need to be educated, but they need to "excel" in their education (First Woman Mungiki Men 23 July 1998).⁽¹⁶⁾

Some Mungiki (Congress) advocate female genital mutilation while others oppose it. The press has stated repeatedly that Mungiki forcibly circumcise women. One Sunday Nation report stated that

On 21 June 1998, Presbyterian Church of East Africa vowed to fight the sect to the bitter end. Speaking in Nyeri, Kirimara Presbytery moderator Geoffrey Nyagah and the Rev Linus Kimani Mwangi called for the immediate arrest of its members. They said the sect leaders were recruiting jobless youth to use them in "heinous crimes, including forcibly circumcising women. Mungiki is primitive and retrogressive and the PCEA has vowed to fight it until Jesus returns." They said the sect had instilled fear among women "who now fear venturing out of doors" (Weru 28 June 1998).

Mungiki (Congress) members deny that they forcibly circumcise women (Weru 28 June 1998; Kareithi 2 July 1998). They claim that such rumors are spread as a means of 'scaring off' women who might otherwise become members (First Woman Mungiki Men 23 July 1998). Mungiki member Mwangi Macharia stated that

We don't want to be committed to the initiation process itself. What we are committed to, and what we stand for, is the counseling and advising that used to be imparted on the young initiates as a cultural process of bringing them into young adulthood. That is what we are now trying to revive and use for the benefit of mankind (First Woman Mungiki Men 23 July 1998).

The socialization into adulthood instils in initiates the positive value of maturity, responsibility and unity with members of the same age grade. Counselors also advise initiates on the proper conduct of relations between women and men as well as between one age grade and another (Robertson 1996). Mungiki member, Njoroge wa Kimunya, suggested that Mungiki sought not mutilation but the "maturity of the mind," or the "circumcision of the mind." This conceptualization is focused, as Macharia said, not on the 'cut,' but on the teachings and socialization which, in the past, was associated with it.

Our main focus as regards circumcision is a question of the 'circumcision of the mind' and the maturity of the mind, the growing up of the mind. And now, if you want to mark it with the physical process, we don't have a problem with that. Because we even have very many people who are not circumcised and this now pertains to women. And they are all our daughters, they are all our wives, and we do not have a problem with that, provided their maturity can be exhibited and it can be shown. It would also look stupid to be physically circumcised and you are just an imbecile or a dunderhead in your mind. So this thing is a whole question of how do you carry yourself, how grown up are you, how do you meet the challenges of adulthood when they call upon you (First Woman Mungiki Men 23 July 1998).

These debates within Mungiki increasingly embrace the viewpoints of a multi-ethnic and indeed international membership. Further complexity was introduced to the debate when the national coordinator of Mungiki, Ndura Waruinge, and 600 Mungiki members converted to Islam in late 2000 (Nation correspondent 3 December 2000). Members claim to value the diverse means through which their members mark the passage from childhood to adulthood.

In sum, Muungano wa Wanavijiji (Organization of Villagers) explicitly promotes education and land rights for women, while dismissing genital mutilation as a dangerous and outmoded rite, inimical to the new culture of resistance and survival. In the past, female genital mutilation tied together an entire system of community access to land. Widespread landlessness amongst men, then, poses a particular problem to this system, since much of the material reasoning behind genital mutilation disappears. Men's dispossession does not immediately imply that women stop marrying, or stop circumcisions. But the imperative arises for women to engage in squatting and land reappropriations in which they take control over land themselves. This, in turn, offers an opening through which relations between women and men around land, sexuality and production are being re-examined and solidarities built on new bases.

Muungano's rejection of mutilation and support for women's education contrasts with Mungiki's ambiguity. In Mungiki, divergent views contend. Some members are for and some are against women's education. Most Mungiki support genital mutilation, though they deny using force.⁽¹⁷⁾ Many Mungiki women, including women from communities who had practiced the rite in the past, are not circumcised. Mungiki women members are working for universal land rights against those men members who seek a continuation of the colonial practice of limiting land entitlements to men. Such a colonial dispensation forces women to be housewives in order to gain access to land. The extent to which male control over land leads to the establishment of new male deals remains to be seen. Exclusive male control over land after Mau Mau led directly to the incorporation of men and women into the international system of commodity production and export. To repeat this mistake would be to perpetuate the plague of landlessness amongst women and men.

Conclusion

In this study, we have argued that the struggle for land in Kenya between 1986 and 2002 is a fight between those who promote capitalist enterprise and those who reassert a subsistence political economy in concert with others worldwide engaged in popular 'globalization from below.' We have introduced analytical tools including the 'fight for fertility,' the 'male deal' and the 'gendered class alliance' to dissect the social anatomy of ten land occupations. Each of the ten cases exhibits distinctive ownership claims. However similarities in the basis of entitlement claims allow us to sort the ten cases into three categories according to which kind of 'bundle of entitlements' is most emphasized by insurgents: British legal, customary or moral. (1) In Maragua, Githima and Kamae, occupants assert 'British legal claims' to the land. They hold title deeds, or, in the case of Kamae, Kenyatta granted them ownership of part of his own land. (2) Forest dwellers, squatters on Basil Criticos' private farm and squatters on the state-owned Agricultural Development Corporation farm make 'customary claims.' They identify the contested land as indigenous land which had been illicitly expropriated during the colonial period. (3) In Muruoto, Westlands, Soweto and Mwea, occupants assert a 'moral claim' to land they have occupied for decades, in the absence of title deeds or claims of customary entitlement.

These categories of entitlements are fluid and contain considerable overlap. It might be argued, for instance, that those making 'moral claims' to land could in fact refer to aspects of customary law which enabled those who clear land and make it productive to become the land's 'owners.' In the homesteading provisions in British law, ownership follows from productive use of un-utilized property. Yet the distinctions between British law, custom and morality in land occupiers' claims to land are useful in assessing the outcomes of the on-going land wars.

Most successful are those occupations in which the dispossessed defend and elaborate 'British legal claims' to land. Ongoing conflict engages those who assert 'customary claims' to land. And with the exception of the tenant rice farmers of Mwea, those making 'moral claims' have been evicted and constitute a radicalized diaspora. Most of those who have lost their land have squatted elsewhere. They have joined either Mungiki (Congress) or Muungano wa Wanavijiji (Organization of Villagers) in self-defense as they organize to rebuild.

Kenya's popular land occupations are located within the international movements of globalization from below and against corporate globalization from above. The rising defense of subsistence entitlements to land has been met by attempts by international agencies to enforce exploitation. The World Bank is emphasizing so-called 'land reform' which amounts to new enclosures for capitalist, export-oriented agricultural.

Land occupiers examined in this study reorient agricultural production towards food self-sufficiency and local marketability. This reorientation counters the conversion of the subsistence political economy to a capitalist political economy. The centrepiece of the conversion was the enforcement of coffee and tea contract farming after Independence in 1963. The commodification process was imposed by "the maximum amount of violence" to extinguish "the institutions and customary laws that sanction subsistence agriculture" (Seavoy 2000:1, 113).⁽¹⁸⁾ The essential characteristic of the era of global corporate rule is 'commodification at the point of a gun.' We have argued elsewhere that violent repression (disguised as 'ethnic clashes') is visited on the dispossessed who try to re-institute subsistence production, trade and consumption (Turner, Kaara and Brownhill 2001). Land occupiers are vulnerable to attack by the forces of repression from Kenya backed by the forces of commodification from abroad.

Against the genocidal insanity of corporate rule, Kenyan millenarians⁽¹⁹⁾ defend themselves by constructing a new society. Land occupiers remember other ways of being. They re-value earlier means of livelihood which were in harmony with nature and the larger society, rather than at odds with both. Some elements of a vision of the new society are the revival of women's land rights, the practice of total land redistribution and the security of trade. The custom of the 'female husband' allowed widows to avoid destitution and retain their land rights by 'marrying' another woman, whose own children then inherited the female husband's land (MacKenzie 1998:184). Another remembered practice that bears on the new land movement is the exercise by young men of the right to periodically institute a total land redistribution. This practice consisted of a social and environmental 'audit,' meant to level social inequalities, facilitate environmental sustainability and construct infrastructural projects. Those who cultivated on steep hillsides, for instance, addressed environmental degradation by securing less fragile land through the redistribution process. Women's access to water and fuelwood were thereby ensured. Practices of social protection of the environment and of life are remembered by the Green Belt Movement's Wangari Maathai:

There are some huge trees, wild figtrees, where I grew up, these huge figtrees were never cut, because they were used as religious sites by our people. ... When I was a child my mother would tell me do not collect any twigs even from those figtrees. That tree is never cut and even the dry twigs are never burned ... Everywhere where I had seem any of those huge trees there would be a spring ... So were these trees part of the catchment system, were these trees part of the water system, was it therefore a mistake to cut these huge trees and instead plant coffee trees and tea bushes? Did we perhaps dig our own graves by cutting the beautiful trees, which our ancestors had for some reason protected and made them untouchable so that they would not be destroyed? (WINGS May 1991).

The millenarian vision of a new society centralizes freedom for subsistence production and trade, both local and long distance. The vision guarantees the means for women traders to travel long distances in the middle of the night, in order to reach markets with fresh produce by 4:00 or 5:00 in the morning (First Woman, Mungiki women 24 July 1998). Women traders' safety was ensured in pre-colonial times by "compacts" between ethnic groups "not to molest the womenfolk of either party." Consequently, even during times of armed conflict, women carried out trade "without interference or danger" (Thomson 1885:308; Macdonald 1897:110, cited in MacKenzie 1998:47). Mungiki's takeover of transport is a major step towards facilitating and protecting subsistence trade. In addition to ensuring "the smooth running of the matatu [minibus public transport] business" Mungiki national coordinator Ibrahim Ndura Waruinge said in December 2001 that "Mungiki now has a wider plan to re-settle the landless and displaced people especially those in the Rift Valley following the 1992 tribal clashes, establish businesses like hawking in major towns and spearhead civic education seminars ahead of the next year's general election" (Standard Correspondent 4 December 2001).

Kenyan land occupiers are working to realize their vision of a new 'subsistence' or life-centred society. The new social relations that land occupiers are living and defending are an East African expression of what Bennholdt-Thomsen and Mies call a global "re-invention of the commons," characterized by the championing of subsistence, which is:

freedom, happiness, self-determination within the limits of necessity - not in some other world but here; furthermore persistence, stamina, willingness to resist, the view from below, a world of plenty. The concept

of self-provisioning is, in our opinion, far too limiting because it refers only to the economical dimension. 'Subsistence' encompasses concepts like 'moral economy,' a new way of life in all its dimensions: economy, culture, society, politics, language etcetera, dimensions which can no longer be separated from each other (Bennholdt-Thomsen and Mies 1999: 19).

The women involved in land occupations - farmers, tenants, squatters, hawkers and forest dwellers - fight to control land, the production process and the fruits of their own labour. As these women and the men in alliance with them make gains in the fight for fertility, they vastly expand and re-invent a subsistence society. Kenya's Mau Mau resurgence is charting out an alternative, redistributive land reform process, which is linked to the larger processes of resistance to corporate rule and the building of globalization from below.

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