MPs boost Turkana’s case against State over insecurity, boundaries

A case in which Turkana County in seeking court orders compelling the national government to guarantee security has moved a notch higher after seven legislators were allowed to join the suit.

In the case filed at the High Court last week, the county government, jointly with local elders, also wants the national government ordered to secure its boundaries.

Justice Isaac Lenaola on Tuesday allowed a request by Senator John Munyes, Woman representative Joyce Emanikor and MPs Christopher Nakuleu (Turkana North), Daniel Epuyo (Turkana West), James Ekomwa (Turkana South), John Nakara (Turkana Central) and Protus Akujah (Lolma) to join the suit.

The county government wants the court to compel Interior Cabinet Secretary Joseph Nkaissery and the Attorney-General to deal with insecurity in Turkana due to frequent bandit raids.

Through lawyer Jotham Arwa, the complainants are blaming the national government and neighbouring counties — Baringo and West Pokot — for the raids that have made parts of the county almost uninhabitable.

They are pleading with the court to ensure the county’s territorial boundaries are protected.

Mr Arwa lamented that the raids have been rampant and the newly created administrative and electoral units have contributed to the problem.

“These boundaries have seen neighbouring counties take over some of Turkana County’s resources.

“The CS should be compelled to take all necessary measures to provide security and protect the county’s territory and illegal entry by raiders should be prevented,” said Mr Arwa.

Initially, Justice Lenaola only directed applicants to serve the sued parties before an inter-party hearing on Friday.

But last Friday, a state lawyer pleaded with the judge to have the matter settled out of court, a request Justice Lenaola dismissed.

“Let the CS and the AG respond to the issues raised and I hereby allow the seven legislators to be enjoined in this case. This is a dispute between two levels of governments and each party should be heard before deciding on alternative ways of settling this,” said the judge.

VIOLATED ORIGINAL BOUNDARIES

Turkana County and its residents complained that creation of new administrative and electoral units violated the original boundaries, thus, there has been a problem since the new ones were drawn.

They are accusing the national government of failing to prevent indiscriminate killings, brutalities and illegal exploitation of resources in their county.

The complainants gave an example of the Turkwel Gorge electricity power generation facility leased to KenGen by the defunct Turkana County Council, which they claim is being controlled from West Pokot.

They say the right to education for their children has been violated due to raids that have seen many schools closed.

They are also accusing the government of failing to construct roads, presiding over destruction of the environment and failing to develop learning institutions in the county.

“Constant raids violate Turkana children’s right to live a full life. Learning in this situation is impossible. Many schools have been destroyed and vegetation burnt. We have also lost livestock, which is our many source of livelihood,” Mr Arwa lamented.

They want the court to declare the alteration of boundaries of Turkana District, pursuant to the districts and provinces Act No 5 of 1992, illegal.

They also want Mr Nkaissery ordered to deploy the National Police Service, the National Intelligence Service and the Kenya Defence Forces to protect Turkana’s borders with Baringo and West Pokot counties.

They further want orders to bar any other person or county government from exploiting natural resources unless they have been permitted by the Turkana County Assembly.

The leaders also want the minister to evict raiders who reside in Turkana county, illegally occupying the land.

The case will be heard on April 7.