Githu Muigai enjoined in Samburu eviction case

Attorney-General Githu Muigai has been enjoined in a case in which retired President Daniel Moi was sued by the Samburu community for transferring 17,105 acres of their land in Laikipia North to the Kenya Wildlife Service (KWS).

The Environment and Land Court in Nyeri County said the AG should be enjoined in the suit after the community filed a contempt of court application against KWS Director-General Kitili Mbathi and Laikipia County Police Commander Simon Kipkeu.

CONTEMPT

Through lawyer Suyianka Lempaa the community wants the two government officials and Ngare Ngiro Police Station OCS Roy Mwaura cited for contempt for defying court orders.

The court had stopped the eviction on July 31 this year after the community appealed a judgment that required them to leave the land.

Mr Lempaa said the KWS rangers and police officers evicted the community from the disputed land despite been barred by the court.

“Unless they are cited in contempt of the order dated July 31, 2017, they will continue defying or violating the court order at the expense of authority and dignity of this court and the rule of law,” he told Justice Lucy Waithaka.

RIGHTS

Mr Lempaa added that the community suffered irreparable damages as their rights to housing, dignity and property were violated and jeopardised.

He added that during the illegal and forceful eviction the KWS rangers and police officers violated the community’s rights including the vulnerable groups like women and children after been rendered homeless and exposed to vagaries of weather.

“KWS and police have eviction guidelines provided for under Section 155B of the Land Act and the subsisting order of status quo,” said Mr Lempaa.

The land, which is also known as Kabarak Farm, has been at the centre of controversy between the community, retired President Daniel Moi, KWS and the Africa Wildlife Foundation (AWF) since 2008.

APPEAL

They accused Mr Moi of transferring the 17,105 acres of their ancestral land to KWS at a cost of Sh400 million in 2011 and later to AWF, without considering their fate.

The community’s efforts to stop Mr Moi from transferring ownership of the land and have the exercise declared null were dismissed by Justice Lucy Waithaka in June this year, forcing the community to lodge an appeal.

The case was fixed to proceed on February 20, 2018 when the AG is expected to reply to the claims of forceful eviction.