allAfrica.com allafrica.com 28 Jan, 2021 08:00 am

Kenya: Court Dismisses Herders' Appeal Over Eviction From Disputed Nanyuki Land

The Employment and Labour Relations Court in Nyeri has dismissed an application by a pastoralist community seeking to block an order for their eviction from a 2,190-acre parcel of land in Nanyuki owned by a settler.

The court had been informed that the Water Resources Management Authority (Warma) and the National Environment Management Authority (Nema) had previously attempted to evict the nomadic group from the area with no success.As a result, Justice Oundo said she was not convinced the herders would suffer any substantial loss if the respondents, Harry Jennings and his wife Lucy Wambui, were allowed to remove the herders from the property."The appellant was obligated to show the loss that it would incur keeping in mind that it neither proved the existence of the suit property nor its ownership with the same being riparian land," said Justice Oundo.In its memorandum of appeal, the community faulted the lower court's decision for not awarding it damages after its property was destroyed through an eviction process it termed illegal.

Ms Mutai also ruled out the community's request that it be compensated Sh20 million after it lost its property on April 28, 2018 through a forcible eviction process.The judge noted that the herders, comprising about 3,000 pastoralist families from Samburu, Maasai and Turkana communities, did not prove ownership of the property.

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