On April 7, 2014, in a magistrate courtroom in Nanyuki, Kenya, Samburu community members and their supporters battling for their land rights in Laikipia went head to head with African Wildlife Foundation (AWF), President Moi, and Kenya Wildlife Service (KWS) as they attempted to restore the criminal case against the Samburu tribe. Those in attendance were a number of Samburu elders, Lempaa Suyianka for Katiba Institute, Ngigi for Prof Yash, and Carol Mburugu for Kituo Cha Sharia. Katiba lawyers had applied for the cease of the criminal case against Samburu community members arrested earlier this year. AWF, President Moi, and KWS replied last minute with an affidavit in order to deny the community lawyers time to adequately respond to several issues that misled the court, such as follows.
The defendants portrayed Katiba Institute as if they had no business in the case when they have been relevant in the proceedings long before KWS was involved. False assertions were made by the defendants that the case was concluded by Justice Sergon, however these were dismissed by the presiding judge stating that the file was forwarded to him to decide how to proceed. The defendants claimed the arrested members of the community were not part of those protected by the court but this allegation was refuted when it was proven that the incarcerated are members of those families listed as protected. The defendants also tried to mislead the judge by claiming that there have been no community members inside the suit land since the status quo orders were issued and that the community is invading a private property. To counter this statement the judge read the order which states clearly that the community has been living in the suit land and that they should remain there until the case is heard and determined.
These attempts to mislead the court were unsuccessful and AWF, President Moi, and KWS representatives left the courtroom visibly frustrated. As a result of the late replying affidavit by the defendants, the hearing has been postponed until May 2, 2014. The court concluded that the community lawyers reply to the affidavit and have fully typed proceedings within that time. The Samburu community thanks all who have offered support in their progress and asks for the same spirit until victory is realized.
