The High Court in Kitale has directed that a petition touching on violation of children’s rights following their eviction from Mau Forest be heard in Narok.
Justice Mwangi Njoroge yesterday stated that it would be better to have the petition heard in the county where a similar case has been filed.
“There is no need to hear this application since a similar application has been set for hearing in Nakuru,” he said.
But Moses Kurgat, who is leading a team of 35 advocates from South Rift who have filed the case, said their application was different from those filed in Narok and Nakuru.
Mr Kurgat said they were concerned that the State had violated the children’s rights to education, health and shelter.
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“The Government has placed measures that allow existence of institutions that speak for children’s rights to health, shelter and education. That’s the reason we moved to court,” he said.
Cosmas Koech, another petitioner, said county governments are tasked with education matters touching on pre-primary education, village polytechnics, home-care centres and child-care facilities, but not the primary and secondary schools that are managed by the national government.
“The court should not shy away from making a landmark decision in respect of the children living in the Mau Forest,” said Mr Koech.
But State counsel Oscar Eredi told the court they had filed a response concerning the issues raised by Kurgat and his team. He, however, wanted the court to note that the petitioners had not served the Narok County Government.
Justice Mwangi said he was not satisfied with the petitioners’ plea and set the next hearing date for September 10 in Narok. On Tuesday, the Government reversed the order to close schools to enable pupils sit national exam.
