By Sam Alfan.

The government has suffered a blow after a judge quashed plans to lease out a 15,000-acre parcel of land in Taita Taveta County to private entities.

Environment and Land Court in Voi quashed Tender NO. MOALD/SDA/BLQS/IT/10/2024/2025 inviting bids for the lease of Bachuma livestock Quarantine Sation.

The bids invited private entities to develop and maintain livestock quarantine facility for screening development and shipment of livestock.

Judge Edward Wabwoto said the process was done in contravention of the constitution.

The court faulted the Ministry of Agriculture and Livestock, National Land Commission, Ministry of Public Works and Attorney General, saying they failed in their duties to uphold the Constitution as required at Article 153(2) of the Constitution.

According to the judge, the move contravened the principle of public participation under Article 10 of the Constitution and Section 87 of the County Government Act (2012).

Taita Taveta County Government under leadership of Governor Andrew Mwadime moved to court to challenge government move to lease the Bachuma livestock quarantine facility.

Through lawyer Paul Maingi Musyimi, of Maingi Musyimi & Associates the county government submitted that the devolved unit was not consulted or the process subjected to public participation, despite its magnitude.

“Despite the magnitude and the socio-economic implications of the proposed project, the County Government of Taita Taveta was not involved as a stakeholder and neither were residents of Taita Taveta County engaged through a public participation or local referenda as contemplated under Article 10 of the Constitution and Section 87 of the County Governments Act [2012],” lawyer Maingi told the court.

He said the proposed leasing had disregarded the constitution as well as legislative safeguards for alienation of public land.

“The great people of Taita Taveta County risk losing out on the exploitation of a strategic asset to both the National Government and private entities thereby prejudicing their socio-economic rights as contemplated under Article 43 of the Constitution,” county Government told the court.

The Taita Taveta County county secretary Friday Mwafuga said the land is among the vast properties is the Bamucha LMD Farm.

Lawyer Maingi told the court that since the floating of the tender by the Agriculture Ministry and National Land Commission, the county government have attempted to iron out the glaring overreach and un-procedural pursuit.

However, the same has not been fruitful thereby prompting the county government to move to court and seek resolution of the matter through the IGRTC.

“Despite the magnitude and the socio-economic implications of the proposed project, the County Government of Taita Taveta was not involved as a stakeholder and neither were residents of Taita Taveta County engaged through a public participation or local referenda as contemplated under Article 10 of the Constitution and Section 87 of the County Governments Act [2012],” Maingi told the court.

Mwafuga further told the court that the great people of Taita Taveta County risk losing out on the exploitation of a strategic asset to both the National Government and private entities thereby prejudicing their socio-economic rights as contemplated under Article 43 of the Constitution.