Do not Use Courts to frustrate the State, Lawyer tells Camel Herders


High court lawyer and political analyst Morris Kimuli is in the opinion that, the camel barons who have invaded kitui should not use courts to derail and frustrate the state on the ongoing operation to flush out illegal immigrants in kitui south game reserve.

In his comment on kitui county WhatsApp group, lawyer said ” Though I have not seen the court papers if any, this completely shifts the ground. Conservatory orders give an undue advantage to the intruders. “It would have been better for the court to hear a response first before issuing conservatory orders.

Secondly, conservatory orders do not respect the rights of the Kamba community who are indigenous to Kitui County, Kitui County must now araise and challenge those orders in court.

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The community must also come in to defend community land rights. Moving to court changes the rules of engagement. Leaders need to pull together to support the County Government in this fight. We must ask the basic questions first. Where did these people vote?

“I highly doubt that they voted in Kitui, you cannot be a resident of Kitui and a voter of Tana River. For our people in Kitui South, this is an existential threat, kimuli added.

This is very worrying for courts to be used to serve orders on matters of serious national security. I think the judges have overstepped their mandate by trying to interfere and halt a security operation in Enyali in kitui NYC youth leader said.

This was a security operation mission fully authorized and executed by a state organ.

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By demolishing those semi-permanent structures and telling both kambas and the bandits to keep off from the land does not give any of the communities advantages over the other. It does not give Kambas an undue favor. It seeks to end the conflicts and deaths of innocent people.

These orders should be challenged immediately by all Ukambani benches of lawyers’ 1st thing tomorrow morning.

This is why, I say it’s not going to be an easy fight. it will need absolute dedication. Particularly because our Parliament has failed to enact community land legislation despite us having a constitutional framework for it.

But I am certain that they can be stopped in their tracks, This will, however, require a co-ordinated fight, If we lose this case, our land will be gone. Lawyer lamented.

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“As much as we support operation at Inyali let’s remember court acts as a neutral arbiter and must listen to any Kenyan who petition it to seek redress and should entertain it but now is upon the side of kambas to challenge those orders quickly so that the operation can continue before GSU is withdrawn from the area.

The county needs to act with the urgency, I am certain that Governor Ngilu is equal to this task. She will fight the political and policy battle. The County Legal Team should assemble top-notch legal minds and do the work.