Court halts plans to issue Eastern Mau title deeds
An aerial view of Nessuit centre in Eastern Mau, Nakuru County. Women with disability have the right to inherit and own land.
The plan by the government to end land conflicts in the Eastern Mau region has suffered a setback after the Environment and Land Court on Wednesday stopped the issuance of title deeds.
The government had in September announced plans to resettle 40,000 families evicted from the Mau Forest region in its bid to reclaim the forest land.
Interior Cabinet Secretary Fred Matiang’i said the government had entered into an agreement with the Kipsigis, Tugen and Ogiek communities to ensure the families are settled.
The government was to issue five-acre titles to people living in the Eastern Mau Forest within the Mau complex and a block title to the Ogiek community.
However, a decision by the Ogiek community to move to court to challenge the decision has seen the court issue temporary orders stopping the government’s titling process.
Justice John Mutungi, in his ruling, directed that the process be halted to allow for consultations between the parties.
The Ogiek community, through the Ogiek Council of Elders, moved to court protesting against the multi-agency team which was set up to conduct the process, saying there was no proper consultation.
Arusha judgement
They argued that the process is in contravention of the judgment by a human rights court based in Arusha which recognised them as the indigenous forest dwellers entitled to the forest.
The court further consolidated the four petitions which were filed separately but over the same subject matter.
A petition filed by the Nakuru County Assembly Deputy Speaker Samuel Tonui on behalf of the communities living in the area sought to have the government lift the caveat and issue title deeds to the land owners.
Another group named Lipwop Morop was also enjoined in the case as an interested party.
The court gave the parties 15 days to file and serve their documents before the case is heard.
