BY SAM ALFAN.
The establishment of conservancies in Chari and Cherab wards in Merti in Isiolo County was unconstitutional as it was undertaken without public participation, the High Court has said.
Environment and Land court said there was no evidence to show that the Isiolo County government and the Ministry of Lands facilitated public participation relating to the nature, extent, benefits, and impacts of the establishment and running of wildlife community conservancies in unregistered community lands in Cherab and Chari wards.
The court said there are no records that were undertaken by the state agencies showing meetings, press conferences, gazettement, briefing of members of public village baraza, and structured questionnaires concerning wildlife community conservancies in community land before October, 2021 when the petition was filed.
“Additionally, there has been no disclosure of any approvals from relevant bodies authorizing the 1st Respondent to establish a conservancy,” Justices Oscar Angote, Charles Yano and Christopher Nzili said.
The court directed Kenya Wildlife Service to revoke any and all licenses and authorities that may have been granted to the National Rangelands Trust, Abdi, Golicha, Halkano and Fugicha related to the establishment and management of community conservancies within Cherab and Chari wards, Merti sub-county.
The judges further directed the Isiolo County Commissioner and the Isiolo County Police Commandant to oversee the implementation of the orders sought to ensure peace and order is maintained.
“We find that the Petition before the court was pleaded with sufficient precision, setting out the nature of Petitioners alleged violations and meets the constitutional threshold set out in the Anarita Karimi Case,” ruled the judges.
It was the court finding that the establishment of community conservancies outside the constitutional and legal frameworks infringed, and violated the petitioners’ constitutional rights, including but not limited to property rights.
The court ruled that the existence and operation of armed rangers in the conservancies in Chari and Cherab wards, under the management of the National Rangelands Trust was illegal and unconstitutional.
