By Betty Luke
The Environment and Land Court in Isiolo has delivered a major ruling which may have ramifications on Northern Rangelands Trust conservation efforts in Northern and Coastal Kenya.
The High Court Friday found the organisation’s activities in Isiolo’s Chari and Cherab wards illegal and establishment of conservancies in the areas unconstitutional, after a three-year court battle between NRT and local residents who moved to court in October 2021.
A three-judge bench of Justices Oscar Angote, Christopher Nzili and Charles Yano found that establishment of the two conservancies was in breach of the constitutional principle of public participation and that their activities had violated residents’ rights.
In their submission, some 165 petitioners insisted that the establishment of the conservancies on their unregistered community land had alienated huge chunks of land, leading to displacement of tens of thousands of residents.
Further, the petitioned argued, NRT’s activities had interfered with free movement of their livestock, threatening their livelihoods and affecting their social way of life.
The residents also claimed the conservancy rangers were fueling conflicts and that they were being used to silence anyone opposed to NRT which focuses on promoting community-led conservation and sustainable land use for improved livelihoods.
NRT CEO Tom Lalampaa who was listed as the first respondent in the case downplayed the claims in his affidavit saying they were at the frontline in promoting peace and reconciliation among communities living in Isiolo county.
The respondents had asked the court to reject the petition but the Judges found justifiable issues by the petitioners which met the constitutional threshold and fell within the ambit of the court and a failure that the county government and Cabinet Secretary in the Ministry of Lands to facilitate the registration of unregistered community land in the two wards.
NRT, the Judges said, did not seek express consent approval or mandate from the public prior to establishing the conservancies.
The Judges prohibited NRT and the management of the two conservancies activities including mapping, alienating, recruitment or entering into contract evicting the public or disposing unregistered community land.
The county government and Ministry of Lands were ordered to facilitate the registration of land in the two wards and Kenya Wildlife Service to revoke all licenses that may have been issued to NRT to establish and manage conservancies in the two wards.
The respondents’ lawyer however got temporal relief after the Judges allowed a prayer for stay order that will last for two weeks, after which the court will decide whether or not to extend it.
The judgement has elicited mixed reactions with some of the residents hailing it and others expressing frustrations.
Hassan Shano, a human rights activist, said the judgment was a relief to Chari and Cherab residents whose rights had been infringed by NRT.
“We laud the court for the bold ruling. This will serve as a guide in establishing conservancies across the country,” he said.
But Adan Denge differed saying halting conservancies activities would result in loss of jobs, poor emergency services and surge in school drop outs due to termination of bursary programme.
