DAILY NATION
NAIROBI
By OYINGA OGAMA
March 19 2009
Boundaries on Lake Victoria have been controversial for years. Uganda reviewed its boundaries in 1995 in its constitution, when it placed some parts previously assumed to be in Kenya, in Uganda.
Kenya’s constitution is silent on the issue and even the draft constitution is mum on the matter.
In 2003, the Busia DC formed a 13 member committee to investigate the conflict. I was a member of that committee that came up with several findings.
The Luhya communities living along the lake have been fishing since time immemorial. They have known the boundary between Kenya and the Uganda waters which was marked by a big rock, “Musambwa”, beyond Lolwe Island.
During the colonial period, there existed a treaty known as The East African Treaty. It incorporated four directors of survey — Director of Survey Uganda, Director of Survey Tanganyika, Director of Survey Kenya and the Director of Overseas Survey England.
Each was entrusted with an area of survey known as a mapping block. They were to work in good faith, and information gathered was to be supplied to the other directors for incorporation to their respective maps.
Thus, the Director of survey (K) was entrusted with mapping from the mouth of River Sio to Sudan. The Director of Survey (U) was to survey from the mouth of River Sio to Tanganyika mainland.
Unfortunately, it was established that the Director of Survey (U) used the marine railway line which had been marked by the East African Railways and Harbours through Majanji (Uganda), Sio Port (Kenya), Port Victoria (Kenya), Kadibo Bay (Kenya), Mfangano Sori (Kenya), Muhuru Bay (Kenya), Musoma (Tanganyika) and Mwanza (Tanganyika).
THESE LEFT OUT SIGULU, LOLWE, Hama, Siro, Wayasi and Siamulala islands that were in Kenya. As a result of the survey, Kenya ended having only 6 per cent, Uganda 45 per cent and Tanganyika 49 per cent of Lake Victoria.
Lake Victoria was known by the Banyala sub-tribe of the Luhya as “Inyanza ya Lolwe wa Rabango”, while the Luo called it “Nam Lolwe” which meant a deep lake. “Musambwa” was painted with arrows pointing towards Kenya and Uganda.
The Coxwain of the EARH used to lower flags of the respective countries as they crossed the boundary and raised the flag of the country they were entering.
In 1930s, when there was an outbreak of sleeping sickness residents on the islands in Lake Victoria were moved to their countries. The inhabitants of the disputed islands were moved to Kenya.
The islands claimed by Uganda have always been inhabited by Kenyans. Whenever Ugandans went there to fish, they were paying fees to Kenyan authorities.
The islands were named by the two communities – Luo and Banyala. They knew the meaning of the names, which are meaningless to the Ugandans living along the lake.
The ex-chief of Bunyala Location, Wanga M. Oniang, administered some islands and collected taxes on behalf of the Kenya government.
In 1977, there was coffee smuggling through the islands to Kenya. Uganda deployed security forces to curb the illegal trade. But even after the trade stopped, Uganda did not withdraw its forces.
But fishermen continued with their activities without interruption. Only in 2001, did the Ugandan forces start arresting Kenyan fishermen, torturing and confiscating their fishing gear.
The Special Revenue Protection Unit a National Resistance Army unit, has been responsible for the violations.
sammyogama@yahoo.com
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