MPs rebuff squatters’ pleas on Gicheha Farm evictions
The National Assembly has rejected a petition filed by thousands of families evicted from the controversial Gicheha Farm in Taveta five years ago.
The National Assembly has rejected a petition filed by thousands of families evicted from the controversial Gicheha Farm in Taveta five years ago.
The over 1,000 families who were evicted from the 2,300-acre property owned by the Kenyatta family lodged a petition in the National Assembly last month seeking justice for their eviction in March 2018.
In response to the squatters signed by Ms Serah Kio on behalf of the assembly clerk, the MPs asked the complainants to seek redress from the National Land Commission (NLC), the Environment and Land Court, the Ministry of Lands and Physical Planning and the Water Resources Authority (WRA).
Ms Kio stated that the petition that had accused the farm of perpetrating historical land injustices cannot be presented to the House for debate as it does not fall under the scope of matters it has the authority to consider under the Constitution and the Standing Orders.
"We have considered your petition ... and wish to advise that your prayers do not fall under the ambit of matters which the House has authority to consider as contemplated under Articles 94, 95 and 119 of the Constitution and Standing Order 219," MS Kio said.
Irregular allocation claims
In 2012, Gicheha Farm donated 2,000 acres to settle over 800 squatters. Those who missed out were evicted despite a court order and protests from local leaders. The squatters claimed the allocation was carried out irregularly and denied them access to River Tsavo and natural springs that supply them with water.
They also wanted an audit of the land, arguing that Gicheha Farm had engaged in double allocations and that people from as far as Nairobi and Central regions benefited, leaving out genuine squatters.
They also wanted the MPs to direct the NLC to launch a public inquiry into historical land injustices in the area. Advising the squatters to seek help from NLC, Ms Kio stated that the Constitution mandates the commission to conduct research related to land and the use of natural resources, as well as to initiate investigations, either on its initiative or on a complaint, into present or historical land injustices and recommend appropriate redress.
Further, she requested the families to lodge their petition at the Environment and Land Court to seek redress on the issue of double or irregular allocations.
"Section 134 of the Land Act, (No 6 of 2012) provides that the national government shall implement settlement programmes and provide access to land for shelter and livelihood," she further advised.
She also urged the squatters to petition the WRA, which is mandated to regulate the management and use of water resources in the country. She said WRA will resolve the issue of water allocation for irrigation on community farms.
