Judge dismisses case meant to kick out other tribes from Taveta land
Justice Anyara Emukule. He has thrown out a ten-year old petition by three elders who wanted a declaration that all non-Taveta residing in Challa-Njukini are staying there unlawfully. The judge said it was an abuse of the court process. FILE PHOTO | NATION MEDIA GROUP
What you need to know:
- He said the petitioners can channel their grievances before the adjudication committees and other dispute resolution bodies.
- He said neither the Constitutional Court or the Environment and Land Court has jurisdiction to grant the orders.
- Justice Emukule said he found no material under which the Taveta clans appointed a council of elders to govern their affairs, private or public.
- The judge awarded costs to the respondents which are to be paid by the three elders and the interested parties.
Three people claiming to belong to the council of elders of five clans that constitute the Taveta tribe have lost a case in which they wanted a declaration that all non-Taveta residing in Challa-Njukini are staying there unlawfully since they did not sanction their stay.
Justice Anyara Emukule threw out the ten-year old petition by Mr Stephen Mring’a, Jacob Anaeli and Omar Justin Mockoy, saying it was an abuse of the court process.
Justice Emukule said the petition by the three individuals regarding themselves as elders, even if it raised concerns of ownership of land, in the eyes of the constitution, is retrogressive.
He said the petitioners can channel their grievances before the adjudication committees and other dispute resolution bodies.
The petitioners also wanted the defunct County Council of Taita Taveta and the Attorney-General to deal with all non-adjudicated land falling within Challa-Njukini with the approval of the elders.
They also wanted Mr David Masila Kitise, a third respondent in the case, declared a non-Taveta in the area and be deemed representative of all others (non-Taveta).
“Kenya must develop a cohesive society devoid of the gene of indigenous and foreigners,” said Justice Emukule.
NO JURISDICTION
He said neither the Constitutional Court or the Environment and Land Court has jurisdiction to grant Mr Mring’a, Mr Anaeli and Mr Mockoy the orders they are seeking.
Justice Emukule said he found no material under which the Taveta clans appointed a council of elders to govern their affairs, private or public.
“Likewise, no law, statutory or customary or constitutional provision was cited to the court granting it power to declare the three applicants to be representatives of the Taveta tribe,” said the judge.
The three had argued that the council of elders which, according to them is the governing council of the Taveta people, and in line with the tribe’s customary law, has to approve any land dealings within Challa-Njukini.
They argued that individuals represented by Mr Kitise had over time “infiltrated and settled” in Challa-Njukini with the aim of being allocated land to the detriment of indigenous residents.
A clerk to the defunct council had opposed the petition saying the council holds the land in trust under the former constitution for the benefit of the residents on the land.
In dismissing the petition, the judge awarded costs to the respondents which are to be paid by the three elders and the interested parties.
