Court nullifies creation of new administration units in Nakuru

The High Court in Nakuru has nullified the creation of an administrative division and two locations in Njoro sub-county.

Justice Samwel Mohochi ruled that the state failed to carry out public participation as enshrined in the constitution.

He ruled that the elevation of Nessuit location into a division, and the creation of Misipei and Sigotik locations were against the law.

Justice Mohochi nullified the Gazette Notice of May 31, 2022 that announced the changes in the administrative divisions.

This was after eight petitioners from the Ogiek community successfully contested the government's move, stating that it would disfranchise them.

Joseph Sang, Zakako Kipkoech, Nelson Kipkoi, Moreno Boniface, Boniface Oti, Joseph Meritu, Leonard Mindore and John Lobolo claimed they were residents of Eastern Mau and that the state was planning to evict them from their ancestral land.

In their case, they alleged that the government failed to involve the community in the exercise to create the administrative units.

“That the creation of those administrative units is a calculated move to ensure the Ogiek Community is annihilated and assimilated by the larger neighbouring communities which will eventually lead to the loss of identity of the Ogiek Community,” read the petition.

Sang claimed that the state had violated their constitutional right by amalgamating the said areas they traditionally occupied in an attempt to assimilate them into larger communities affecting their culture as a minority group.

Justice Mohochi noted that public participation was a cornerstone that forms the values and principles of the constitution not just formality but act of democracy.

The court observed that the state failed to file a response to whether the public was involved in the creation of the administration units.

“In light of all the foregoing, this Court is convinced that there was no Public Participation in the creation of the administrative units published in respect of Gazette Notice number 6282 of 31st May 2022, is unconstitutional null, and devoid” the court noted.

The court further ordered judicial review quashing the Gazette Notice and directed the state to conduct public participation towards the creation or elevation of any administrative unit.