Government Joins Case Against Mzee Moi

The Government of Kenya has officially been enjoined in a land suit against former President Daniel Arap Moi.

Land and Environment Court's Lady Justice Lucy Waithaka on Wednesday ruled to admit Attorney General Githu Muigai into the petition brought before the court by the Samburu community.

Samburu leaders have been in court to sue the second President of Kenya for transferring 17,105 acres of their land in Laikipia North to the Kenya Wildlife Service (KWS).

[caption caption="File image of former President Daniel Arap Moi with President Uhuru Kenyatta"][/caption]

Justice Waithaka brought the Attorney General into the case after the Samburu people filed a contempt case against KWS Director-General Kitili Mbathi, Laikipia County Police Commander Simon Kipkeu and Ngare Ngiro Police Station OCS Roy Mwaura.

The government officials defied a July 31 court injunction that had directed the Samburu leaders to continue to inhabit the land as the court determines its rightful owner.

Through lawyer Suyianka Lempaa, the Samburu community petitioned the court citing that they had been forcefully evicted from the land in violation of the court order.

"Unless they are cited in contempt of the order dated July 31, 2017, they will continue defying or violating the court order at the expense of authority and dignity of this court and the rule of law," the lawyer pleaded.

He further told the court that the rights of the people were violated during the execution of the eviction and in the process defied their own procedural code.

"KWS and police have eviction guidelines provided for under Section 155B of the Land Act and the subsisting order of status quo," Lempaa argued. 

Responding to the lawyer's plight, the judge ordered to enjoin Muigai who is the official representative of the Government in all legal matters.

[caption caption="Attorney General Githu Muigai"][/caption]

The case will be heard on February 20, 2018, when the AG is expected to present the defence in the contempt of court charges.