Maraga appoints another judge to hear Mau evictions case

Chief Justice David Maraga has appointed Justice John Mutungi to replace Justice Sila Munyao in a Mau eviction case.

At least 500 Mau forest evictees have sued the State for wrongful eviction. 

In January this year, Justice Munyao of the Nakuru Environment and Lands court recused himself following an application by the evictees who claimed a conflict of interest.

In a letter dated February 25, 2020 by Justice Maraga, Justice Mutungi has been directed to replace Justice Sila in the three-judge bench.

Mutungi will be the new presiding judge and will join Justice Mohammad Kullow and Justice Ongondo George.

Alternative homes

“Following the recusal of Justice Munyao from Narok Constitutional Petition 12 and 13 of 2018, Justice Mutungi will hear the matter,” reads maraga’s letter.

During the mention of the case yesterday, Mutungi said hearings will start from July 20 to July 24, 2020. In the petition filed in 2018, the evictees are challenging the move by the Cabinet Secretary Ministry of Lands and Physical Planning that sought the cancellation of their title deeds.

The have also argued that the Government did not issue them with an eviction notice, yet they had no alternative homes and have school-going children.