Home Property Chief Justice picks three-judge bench to hear Mau eviction case

Chief Justice picks three-judge bench to hear Mau eviction case

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[Article source: The Standard, by Robert Kiplagat]

Chief Justice David Maraga has constituted a three-judge bench to hear Kericho Governor Paul Chepwony’s petition on evictions.

Governor Chepkwony and a section of Mau evictees led by Joseph Kimeto Ole Mapelu and others separately filed a petition at the Narok Lands and Environmental Court on July 12, 2018.

They asked the court to declare the recent Maasai Mau evictions illegal.

In a directive to the Narok Lands court on January 17, 2019, Maraga appointed the three-judge bench with Justice Sila Munyao (presiding) and Narok resident Judge Mohammed Kullow together with Justice George Ong’ondo.

On September 17, Judge Kullow told the court that due to the complexity of the Mau case, he shall be forwarding the file to Maraga to constitute a bench.

The case will come up for mention on February 18 at the Nakuru Lands Court and will be heard at the same court within a date to be set.

Judge Kullow issued the ruling on the application for Conservatory orders to halt the evictions.

He said the application had been overtaken by events as the eviction had already taken place.

The governor said the July 7 evictions were wrong and illegal and were done in contravention of property rights and human dignity. The governor cited the affected group ranches as Reiyo, Enakishomi, Sisiyan, Enoosokon, and Nkaroni.

In the petition Chepkwony accused government agencies of evicting residents who were several kilometers away from the forest.

Nyayo Tea Zones Development Corporation, a statutory agency, was allocated the land that borders the forest. They have planted tea on this land.

The governor cited the Lands and the Interior ministries as well as the KWS, KFS, Attorney General and Narok County Commissioner George Natembeya as respondents.

[Article source: The Standard, by Robert Kiplagat]


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