Judge disqualifies himself from land case

By Vincent Mabatuk

Justice Anyara Emukule has disqualified himself†from hearing a land case filed by a group of Maasai herdsmen against former Cabinet minister Simeon Nyachae and late Mbiyu Koinange’s estate administrator.

On Monday, Justice Emukule sitting in Nakuru, referred back the case to the Chief

Justice Evan Gicheru for constitution of bench to hear and determine the matter.

The judge did not give the reason for his withdrawal but termed the matter as of a serious nature and touches on grave issues.

"This is a very hard issue and even the counsel representing both the parties understand

this. Let the case be taken back to the Chief Justice for further directions?" he directed.

Justice Emukule also directed the group to serve the Attorney General and the Settlement Fund Trustees through an advertisement in the local daily newspapers.

The group of Maasai herdsmen want thousands of acres of land in Mau Narok reverted back to their

community.

The herdsmen had filed a suit at the Constitutional and Judicial Review Division in Nairobi High Court, but referred to Nakuru for hearing.

Through lawyer Thomas Letangule, the community has sued former Cabinet minister Simeon Nyachae,

the administration of the late Mbiyu Koinange’s estate, the Attorney General and the registered settlement Fund Trustees.

The herdsmen also claims the defendants, who were powerful civil servants in previous governments,

illegally acquired more than 30,000 acres of their grazing land.

They argue that their ancestors were wrongfully and without their consent, driven out of the fertile grazing land in Mau Narok at the beginning of the 20th century by the British colonialist.

The group further wants the court to issue orders compelling the Government to repossess land from the estate of the late Mbiyu Koinange, who served in Mzee Jomo Kenyattas administration as a Cabinet

minister.

They have asked the court to declare the Maasai of Mau Narok are entitled to compensation

from the Government, which they accuse of endorsing wrongful dispossession of their land.

According to the suit, the resettlement carried out by the Government after independence failed to resettle the community back to their ancestral land.

Instead, the Government allocated the vast land to two powerful individuals serving in the

Government.

Lawyer Githu Mungai represents Nyachae while the estate of Koinange has send three

lawyers to battle the suit.