The Samburu community has succeeded in enjoining the Attorney General in a land suit pitting them against retired President Daniel Moi, Kenya Wildlife Service (KWS) and the African Wildlife Foundation (AWF).
The Land and Environment Court Judge, Lady Justice Lucy Waithaka allowed the application after the community filed a contempt of court claim against KWS Director, Kitili Mbathi and Laikipia Police Commander, Simon Kipkeu.
In their application, the community cited the mentioned parties of being in breach of a court order barring their eviction after successfully appealing against judgment ordering their vacation from the suit land.
The community had moved to court suing the former president for illegally transferring 17,105 acres of theirof Laikipia North to KWS.
Through Counsel, Suyianka Lempaa, the community wants legal action taken against the said parties for defying the court order barring their eviction on July 31.
Lempaa said KWS rangers and police officers went on to evict the community forcefully from the suit land despite the court order stopping the same.
If these parties are not cited as being in contempt of court, they will continue defying and violating court orders at the expense of the community and the dignity of the rule of law, said the counsel.
He continued that following the eviction, the community suffered irreparable damages as well as right to dignified living and property ownership.
The said land, commonly referred to as Kabarak Farm, has been at the centre of controversy between the said parties since 2008.
They accused the former president of transferring the said land to KWS at a cost of Sh.400 million in 2011 and later to AWF without considering their plight.
Their efforts to nullify the transfer and have the land back was dealt a blow in June when the same court dismissed their case in favour of the respondent before they successfully appealed against their eviction.
The case will come up for mentioning on February 20, 2018 where the AG was expected to file a reply to the claims of illegal and forceful eviction.
Source: Kenya News Agency