The Samburu community continues to pursue justice in a long-running case against President Moi. [Photo/kahawatungu.com]
The Samburu community has succeeded in enjoining the Attorney General Githu Muigai in a land suit pitting them against retired President Daniel Moi, Kenya Wildlife Service (KWS) and the African Wildlife Foundation (AWF).
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 accused the parties of breach of a court order barring their eviction after successfully appealing against a judgment ordering their vacation from the suit land.
The community has sued the former president for “illegally” transferring 17,105 acres of their “ancestral” land in Elan Down area of 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 from the 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 added that following the eviction, the community suffered irreparable damages as well as the right to dignified living and property ownership.
The said land, commonly referred to as Kabarak Farm, has been at the center of controversy between the said parties since 2008.
They accused the retired president of transferring the said land to KWS at a cost of Sh400 million in 2011 and later to AWF without considering their plight.
Their efforts to nullify the transfer and have the land back were dealt a blow in June when the same court dismissed their case in favor of the respondent before they successfully appealed against their eviction.
The case will be mentioned on February 20.