BY SAM ALFAN .
The government has been blocked from leasing a 15,000-acre parcel of land in Taita Taveta County to private entities, pending the determination of a case lodged by the county government.
Environment and Land court in Voi put on hold the plans to lease Bachuma LMD Farm in Maungu area, pending the resolution of the dispute through the Intergovernmental Relation Technical Committee.
Justice Edward Wabwoto directed the committee to resolve the matter amicably within two months.
“An order restraining Ministry of Agriculture, Lands Ministry and Attorney General or the Government of Kenya in general, or its agencies, from awarding, implementation or giving effect in any way whatsoever or howsoever to Tender NO. MOALD/SDA/BLQS/IT/01/2024/2025 for the Lease of Bachuma livestock Quarantine facility station in Management, development and maintenance for screening and shipment of livestock and or leasing, alienating or interfering in any way whatsoever with all that land known as BACHUMA LMD FARM, situated in Maungu Area, Taita Taveta,” the court stated.
Through lawyer Paul Maingi Musyimi, the county government submitted that the developed 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 has disregarded the constitutional as well as Legislative safeguards for alienation of public land, thereby resulting to gross violation of the Constitution and an affront to the rule of law.
“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.
Mwafuga 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],” Mwafuga 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.
