Bid to stop Truth Justice and Reconciliation report report rollout flops

By Patrick Kibet

Nakuru, Kenya: A group of 24 petitioners from Nakuru County have lost a bid to stop the implementation of the Truth Justice and Reconciliation report.

Justice Anyara Emukule, while declining to issue orders, ruled that the move by the group had been overtaken by events since the report was presented to the President on May 21 this year and has also been tabled in Parliament.

Emukule noted that the petitioners, through their lawyer Kibe Mungai, did not satisfy the court on how their rights would be infringed by the implementation of the report to warrant its intervention.

Conservatory orders

Emukule, however, directed the file to be placed before the presiding judge in charge of Constitutional Court at Milimani Law Courts to have it consolidated with other petitions concerning the TJRC report.

The 24 petitioners led by George Kihara wanted the court to issue conservatory orders stopping the implementation of the report.

Mungai representing the petitioners had argued that it was prejudicial for the Commission to conclude that land acquisition by land companies in Nakuru, Uasin Gishu and Laikipia counties was illegal without giving them a hearing.

He also noted that the TJRC report adversely mentioned land buying companies and cooperatives which were owned by members of the Kikuyu community. He told the court that the independence Constitution allowed white highlands to legally exist hence any sale of land to land companies was legitimate.

Kibe had argued that when the British confiscated land from the natives to constitute the White Highlands, the land ceased being communal.

TJRC, through affidavits sworn by retired Major General Sheikh Farah, told the court that the application to stop the implementation of the report was premature.

He also told the court the report was compiled after public hearings, which were conducted in Nakuru, Laikipia and Uasin Gishu counties.

He added that the Government spent over Sh1billion in preparation of the report, which covered historical injustices which occurred between 1963 and 2008.