A case brought by Samburu herders to stop the leasing of community land to a wildlife conservancy and investor has concluded at the Environment and Land Court in Isiolo. The case, which was heard physically and virtually before High Court Judge Mboya Oguttu, involved five witnesses. The plaintiffs, led by Simon Leparkiras, Leakono Jijiwe, and six others, sought an injunction against the Registrar of Land in Nyahururu, the National Land Commission, and six others.
The case centers on a 51,700-hectare parcel of community land in Sereolipi, Samburu County, that Sera Wildlife Conservancy and Great Plains Sera Limited want to lease. The plaintiffs, representing residents of Sereolipi and Archers Post, claim that the leasing process has not followed due process and may lead to human rights violations. The matter was certified as urgent on November 27, and the court granted an injunction. The full hearing of the case commenced on September 27.
During the hearing, two senior members of the Community Land Management Committee from Sereolipi were questioned by lawyers for the petitioners. Joseph Lentaka, the treasurer of the Sereolipi CLMC and a headteacher at a local primary school, explained that the conservancy had existed since 2003 under the now-defunct Trust Land Act. However, Sera sought fresh registration in line with the Community Land Act, which came into force following the enactment of the 2010 Constitution.
Lawyer Conrad Atiang, representing the petitioners, questioned the need for fresh registration if the conservancy had legally existed since 2003. Atiang also raised concerns over alleged forgery of documents and anomalies in attendance registers presented in court. He pointed out instances where an individual appeared to have used different signatures at different community meetings.
The hearing concluded after three witnesses, including representatives from the Attorney General's office, the investor, and the Registrar of Community Land, testified. Atiang stated that a new 35-year lease agreement was being prepared for approval by the CLMC on behalf of the community. However, the local residents, mainly pastoralists, oppose the proposed lease.
The petitioners claim that the community has not been directly involved in the process of preparing the lease agreement. They argue that the respondents have violated many sections of the Community Land Act and the Constitution of 2010. George Leparkiras, an elder from Sereolipi, alleged that hundreds of herders had been displaced from their traditional grazing fields.
The plaintiffs claim that the conservancy is of importance to "few corrupt politicians and elites." Leparkiras further claimed that some leaders are also officials of the conservancy and that the investments are foreign-owned but held by local proxies in the county. The court's decision on the matter is pending.
Key points
- The case challenges the leasing of 51,700 hectares of community land in Samburu County to a wildlife conservancy and investor.
- The plaintiffs claim that the leasing process has not followed due process and may lead to human rights violations.
- The court's decision on the matter is pending.
