In a major step for Samburu communities battling for their land rights in Laikipia, Kenya, a judge handling the case was found unfit to continue serving in the judiciary after the community filed an application for his recusal. He was sent home the last week of 2012.
The community accused the judge of the following counts of bias:
- Failure for the court to summon key witnesses
- Failure to take action when the suit land was sold while the case was before court
- Failure to enforce issued orders leading to evictions, loss of life and property
- Going to private chambers with the defense attorneys and the case file
Richard Leiyagu, community organizer for the Samburu case, declared, “This success is the result of all our friends joint effort and we take this opportunity to thank you all.”
He expressed a feeling of optimism for the Samburu people’s efforts to claim their land rights. “Everyday the community is growing stronger and are able to demand for more and more of their rights, they have pushed the court to a position where they are no longer taken for granted.
“This new development and the fact that the situation on the ground is calm is a clear indication of the community progress with wonderful support from friends. The community wish to recognize the contribution of CS [Cultural Survival] FPW, SI, and the lawyers [on the case],” he wrote in an email.
The next developments on the case will be to achieve a visit by the court to the site of the land conflict in question. The new judge, so far considered by the community to be fair to all parties, ruled that the community file an application for the court to hear and determine whether there will be a visit or not.
Read more about this campaign, here:
Kenya: Stop Human Rights Abuses
