Justice denied as court orders to save the Illchamus delayed

The quest for justice for the minority Illchamus community in Baringo seems to be a pipe dream as two landmark rulings in their favour are yet to be implemented.

The community, with a population of about 40,000, occupies two divisions of Marigat and Lokutan in the larger Baringo District. Two years ago members of the community went court to press for the creation of a constituency, which was granted, but is yet to be implemented.

Last year, the community won another case where the High Court ordered the Government to establish a commission to address the plight of the prosopis juliflora locally known as Mathenge, a weed introduced in the 1970s. It occupies half of the community’s land. It was introduced to curb soil erosion. Again the court order has not been implemented.

The court, in its ruling, held the State liable for the loss visited on the peasants by Mathenge and consequently ordered the appointment of a commission comprising technical experts to assess and quantify the peasants’ loss as well as the harm to the environment.

The commission was expected to complete its work in 60 days and make the necessary recommendations.

The court also held that the right to a clean and healthy environment free from pollution of any kind was a fundamental right to life.

“Introduction of the weed amounts to breach of right to healthy environment,” the court ruled.

The court also noted that the villagers’ children could not enjoy the land of their ancestors due to the Mathenge nuisance and that their animals were deprived of pasture and were continuously threatened by the weed’s pods.

“The right to life, including the right to live with human dignity, would mean the existence and continuance of such right up to the end of natural life,” the court ruled, adding that “taking any lesser interpretation would be an affront to the dignity of human life and any hindrance or limitation to enjoy the right to live would be a derogation of the most fundamental right of any human being.”

The entire district is occupied by the Tugen community who have dominated all aspects of political, social and economic life.

The community only recently, embarked on raising their grievances after the retirement of President Moi who for decades was their MP.

In last year’s case, the community brought a toothless goat and a three-year-girl, both victims of the noxious weed to the court as exhibits.

According to the group in court, the weed had maimed people and livestock. Its thorn, they argued, caused paralysis of limbs, leading to amputation.

One of the residents, Mr Charles Nabori, said the weed was introduced by officials from the Food and Agricultural Organisation and the Forestry Department when he served as chief. He told the court that he shifted from his home after it was invaded by the weed. He claimed that despite raising concern over the issue, the Government took no action to arrest the situation

The man behind their clamour for justice is Mr Thomas Lentangule, one of their own. The University of Nairobi trained lawyer says: “We have been neglected and the only arm of the Government we turn to is the court.”

Last week, Mr Lentangule filed an application in the High Court seeking to force the Government to move fast and form the commission. The respondents in the suit include the attorney general, the minister for Environment and Natural Resources, the National Environmental and Management Authority and the county council of Baringo.

“Why is it that other commissions are formed quickly and ours is taking time to be established?” the lawyer asked.

He cites the reasons for the urgency of the application, saying the ravages of the weed continued unabated causing suffering to the people, and that despite valid court orders, the respondents have refused to act and wants the court to compel them to do so.

This, he said, was the only course of action left for the community that does not have a political representative to voice their concern. But he points out that the speed of implementation by other arms of the Government seems to be lacking.

Mr Simon Choge, a senior researcher said several factors had enabled the weed to be invasive, most important of which being the absence of processing technologies.

Others, he said were prolific seed production, long life seed, high germination rate, effective dispersal mechanisms, rapid maturation to seed producing stage and strong vegetative growth.

“It must be understood that responsibility and accountability to manage the environment is largely vested with affected communities,” he further observed.

Mr Lentangule said when the court directed that a constituency be created for the community because they were marginalised, it was anticipated that the move would be implemented and even some of them nominated to political seats, which has never happened.

After independence

“It’s unfortunate that four decades after independence, we are still regarded as second rate citizens who have no basic rights like other Kenyans,” Mr Lentangule says.

During the hearing to demand for a constituency, he says the Constitutional Court granted the orders sought and recognised the IIlchamus.
Mr Lentangule prays that one time, “manna will fall from the heavens” so that the community’s interests are addressed.

He said it was unthinkable to even attempt to contest for the parliamentary seat since members of the rival Tugen community cannot let go of the seat.

“When we talk of superior communities who have numbers, we need at the same time to look at others who do not have the numbers but need representation.” he said.

The 40-year-old Mr Lentangule has also been in the limelight over a case where he is representing the interests of the Tugen in wrangles over the ownership of Sacho High School in Baringo District. He says he has introduced a new concept of public interest litigation representing poor clients.

The natives of Sacho allege that the retired president colluded with the authorities in the Ministry of Education to transfer the ownership of the school from public to himself (Moi).

Mr Lentangule himself attended Sacho High School for his “A” levels and obtained 19 points after scooping three principals and a subsidiary.

He is also representing 10,000 squatters in Ruiru in a land case against former First Lady Mama Ngina Kenyatta and Ms Kristina Pratt.