Mau evictions case heads to David Maraga's desk
Environment and Land Court Judge Mohamed Kullow rules on the Mau Forest eviction case in Narok on September 17, 2018. PHOTO | GEORGE SAYAGIE | NATION MEDIA GROUP
What you need to know:
- Chepkwony and 13 other petitioners are seeking conservatory orders to stop the imminent eviction of more than 40,000 settlers.
- Those sued are Cabinet Secretaries Fred Matiang'i (Interior) and Farida Karoney (Lands), Narok County Commissioner George Natembeya and the National Land Commission.
The controversy surrounding the Mau Forest evictions has deepened after the Environment and Land Court in Narok referred the matter to Chief Justice David Maraga.
Justice Mohamed Kullow on Monday said the matter now rests with Chief Justice Maraga.
"The petition raises weighty constitutional matters that can only be handled adequately by a three or five judge bench. I shall send the proposal to the CJ to request for the bench to be constituted as soon as possible to hear the matter," Justice Kullow said.
Kericho Governor Paul Chepkwony and 13 other petitioners are seeking conservatory orders to stop the imminent eviction of more than 40,000 settlers from the Mau Forest.
DISMISSED
Justice Kullow further said that the orders the petitioners were seeking had been overtaken by events after some of the targeted settlers were kicked out during phase one of the exercise in Narok.
Meaning the government can proceed with the second phase, which would be extended to Nakuru County.
He said legality of title deeds, illegal extension of group ranches, the legitimacy of cutline, and the manner in which the evictions took place could only be established in a full court hearing where witnesses would be called to testify.
But lawyers representing Mr Chepkwony and the settlers - led by Mr Humphrey Manyange - protested the ruling.
LAWSUIT
Governor Chepkwony argued that the national government wants to illegally evict people from Reiyo, Enakishomi, Sisiyan, Enoosokon and Nkaroni group ranches.
The settlers wanted the exercise suspended until the case is determined.
Those sued are Cabinet Secretaries Fred Matiang'i (Interior) and Farida Karoney (Lands), Narok County Commissioner George Natembeya and the National Land Commission.
At the close of the first phase last month, about 12,000 hectares of forest land were secured, 7,082 illegal settlers were ejected and over 1,700 temporary structures were destroyed in the 46,000 hectare Maasai Mau Forest.
The areas affected were Kosia, Nkoben, Arorwet, Kipchoge and Total.
