A group of 91 Ilchamus community elders in Baringo have moved to court seeking compensation from government for loss suffered due to floods caused by the overflowing of Lake Baringo waters.
In the petition certified urgent by the High Court in Nairobi, the elders have accused the government of neglecting them and failing to respond to the humanitarian disaster caused by rising waters of Lake Baringo.
Through lawyer Thomas Letangule, the community wants the court to order formation of a commission of experts experienced in public administration to assess and quantify the loss caused by the disaster.
The terms of reference of the commission, Mr Letangule indicated, should include making recommendations on affirmative action measures to ensure the petitioners, as a marginalised community, are protected.
“The commission should also assess injury to persons and commensurate awards and prepare a report. We urge the court to order that the task be completed within 60 days,” said Mr Letangule.
Since the area has always been suffering from banditry attacks and cattle rustling, the elders want the commission to be tasked with promoting healing and reconciliation of the Ilchamus and the neighbouring communities.
In addition, they are seeking an order directing the government to settle the local internally displaced persons (IDP) resulting from the banditry attacks and compensation for the victims.
“The government has enough resources, including the funds allocated to the National Disaster Management Unit, to mitigate the suffering of the petitioners but nothing has been done,” Mr Letangule said.
The community also wants the court to compel the Ministry of Interior and Coordination of National Government to provide an elaborate plan to mitigate the disaster.
Further, the elders urged the court to issue an order compelling the Ministry of Education to explain how school-going children in the area will proceed with their education because 18 schools have since been submerged by the waters.
“The right to education for the children in the region faces the risk of being greatly violated. The Education Ministry has announced a plan to reopen schools but we do not have access to any school owing to raging floods that have swept away school buildings,” said Mr John Lekoko Lekulai, one of the elders.
He indicated that the government’s inaction and lack of plan on the disaster may render the community extinct as they have been left exposed and helpless.
According to the elders, without their children going to school or accessing the right to education, the future of the Maa-speaking sub-tribe is at risk.
In the court documents, they indicated that the community has a population of about 40,000 people living mainly around the shores of Lake Baringo.
Mr Lekulai explained that the swelling waters have displaced thousands of residents, who are now languishing in deplorable conditions and extreme poverty without the help of relevant government agencies.
The elders are aggrieved that the government is telling the community to relocate without offering them requisite support as they have no alternative land and that their security is endangered due to attacks by Pokot bandits.
“We are facing an unprecedented disaster from rising water levels of Lake Baringo and the government has ignored the adverse effects of the disaster on the petitioners as a minority community,” said Mr Lekulai in the court papers.
The community is among the minority groups in the country with Mr Lekulai saying it has been suffering constant discrimination and that their lives and property are under threat due to lack of protection by the government.
“We have often faced many threats to our lives and property yet the government has not protected us as it should. We have been perennially disadvantaged and suffered discrimination owing to our small numerical strength. We have not benefited from the constitutional protection of the marginalised communities,” the elder said.
The petition will be mentioned on October 8 before Justice Antony Mrima for directions on the hearing.
