This archive report was first published on 4 September 2019.
On September 4, 2019, a High Court case in Kitale, filed by 35 lawyers and a lobby group, was transferred to the High Court in Narok. The case seeks to stop the government from violating the rights of children caught up in the Mau Forest eviction order.
Justice Mwangi Njoroge of the Environment and Lands Court in Kitale directed that the case be moved to Narok for hearing by Justice Mohamed Gulo, who is presiding over other similar petitions.
Six lawyers, including Moses Kurgat and Hillary Koech, argued that the government had violated the rights of children in the Mau area, which they claimed was a private farmland previously held in trust by the Narok County Council.
“The government has violated the rights of the children in Mau area, which is considered as a government forest, when indeed it is a private farmland previously held in trust by the Narok County Council and later the county government,” said Mr. Kurgat.
State Counsels Oscar Eredi and Fatma Ali opposed the application, arguing that two similar petitions were pending in Narok and Narok High courts, and it would not be prudent for Justice Njoroge to issue fresh orders.
Justice Njoroge directed that the applicants serve Narok County with the application and petition before September 10, when the matter will be placed before Justice Gulo for further direction.
