Lawyer James Orengo for A pastoralist community living in Mutara area, Rumuruti, Laikipia County.
BY THOMAS KARIUKI
A pastoralist community living in Mutara area, Rumuruti, Laikipia County has moved to court protesting an alleged land grabbing on a land set aside for wildlife conservation.
The over 748 residents told a Nairobi court that they use the land, Mutara Ranch for grazing their animals, cultivating and has also been part of their community heritage since birth.
Mutara Ranch, they say covers the larger part of Mutara Area, within Rumuruti in Laikipia and harbors most of the natural resources the residents depend on including the only river and source of clean water and vegetation including pasture and food for gatherers.
Through their lawyer, SC James Orengo, the residents say that their land has been unlawfully taken, part of it occupied and a deep trench dug to prevent them and any other persons from accessing the part of land that has been illegally grabbed.
Over the years, they said, we have had a symbiotic relationship with the Agricultural Development Corporation whereby we have been paying an agreed monthly subscription of Sh200 and grazing our animals on the unutilized area of the ranch as a way of controlling vegetation growth and the hazards of pests and a means of livelihood and the promotion of peace within the area.
The residents say that they have also been cross-breeding their animals and acquiring improved breeds from the corporation. They said that they have also provided labour to the agency in the course of exercising its functions.
They told the court that the government agency together with Lands Limited disposed of part of Mutara Ranch being all that piece of land situated on the west side of the Mutara/Rumuruti Road bordering Pesi River measuring approximately 15,000 acres or thereabouts by way of a lease dated October 1 2015 and registered on December 10 2015, to Woragus Limited.
The community says that the lease is illegal and remains null and void because Mutara Ranch is listed as a special farm under the Agricultural Development Corporation (Special Farms) Rules, 2001 and can only be disposed of with the prior mandatory approval of Parliament.
SC Orengo holds that subsequent to the illegal lease, the state agency fenced off the only access to Mutara Ranch, which has the affected community denying them access to vital resources such as the only river in the area, pastures, their source of food and a clean and healthy environment.
The residents also accuse the agency of hiring police to guard the ranch. They said the officers have continued to harass and molest them when they try to access the river and pasture within Mutara Ranch.
“In addition, they have been arbitrarily arresting us and holding our animals subsequent to which they insist on being paid Sh400 per cow so as to release them. Some animals have been lost by the police without giving any explanations,” they said.
They asked the court to issue an order allowing them access to resources on the ranch including water points and pasture pending the hearing and final determination of this suit.
The residents also want the court to issue an order of injunction against the police restraining them from arresting and harassing them or holding their livestock for reasons of accessing natural resources.
