Moi enjoined in case against locals accused of trespass in Laikipia park
Former president Daniel arap Moi and the African Wildlife Foundation have been enjoined in a case in which nine elderly Samburu men are facing charges of trespassing in a national park.
The nine, who are among 249 complainants in a protracted land tussle against Moi, KWS and the African Wildlife Foundation (AWF), are accused of illegally trespassing into the Laikipia National Park on March 13 this year.
They face charges of setting on fire part of the Laikipia National Park on March 13 without authorisation from the Kenya Wildlife Service.
The nine were accused of illegal logging in the park and were also charged with being in possession of a spear and swords at the time of their arrest by KWS rangers.
They all denied the charges in March before the Nanyuki Magistrate Court and were each released on a Sh300,000 bond with a similar surety.
However, the trespass case is currently on hold, having been suspended by the Nyeri High Court after the nine men moved to court citing violation of their rights.
'ILLEGAL TRANSFER'
The nine claimed that it was the KWS rangers who had in fact acted in contravention of a court order issued by former Nyeri High Court Judge Joseph Sergon, who had directed the Samburu herders to stay in the land until their suit over the contentious 7,105 acres is heard and concluded.
Joseph Lekamario and 248 plaintiffs have sued the former president, KWS and AWF over illegal transfer and alleged alienation of the land from the Samburu community in Laikipia North constituency.
The case, which started in April 2009, has been proceeding, but the approximately 5,000 Samburu residents were allowed to stay on the land where the Laikipia National Park is currently located, pending the hearing and determination of the case.
According to the plaintiffs' application through Kituo cha Sheria advocate Suiyanka Lempaa, the land was handed to Ol Pejeta Ranch Ltd on May 1, 1962 by the colonial government.
They further claim that the Samburu community has been living in the said land since the 1980s but Moi transferred the land to himself under mysterious circumstances in 1996.
NO SALE AGREEMENTS
In the proceedings, Mr Lempaa noted that there were no sale agreements and consent as expected in land-sale transfers.
He said Moi then sold the land to the AWF at a cost of Sh400 million without following the legal land-sale agreement law.
The advocate said that the land was, however, transferred to the KWS by Moi from AWF under unclear circumstances and the land has been converted to the present Laikipia National Park.
Previously, the High Court, through Justice Antony Ombwoya, ordered the Director of Public Prosecutions and the attorney-general be included in the hearing and determination of the trespass case.
In an oral submission, the plaintiffs requested that the respondents’ lawyers — Kaplan and Stratton, representing AWF; Kiplenge and Ogola advocates, representing Moi; and Ombonya & Co. advocates, representing KWS — be hindered from participating in the hearing of the trespass case as they are private entities.
On Friday, Justice Ombwoya ruled that the respondents and the law firms have a right to participate in the case against the trespassing suspects since they are also mentioned in the case.
He ordered the case to proceed before the Nanyuki magistrate's court on November 21.
