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More than 600 families living in the Maasai Mau, in Narok, yesterday suffered a blow after a three-judge Bench, sitting in Nakuru, declined to stop the looming evictions.

Justices Sila Munyao, Mohammed Kullow and Ongondo George rejected their prayers on grounds their application had not been fully served to all parties in the suit. 

They, however, directed the petitioners to duly serve all the parties in the matter before close of business today for the court to hear the application, which has been marked as urgent, on October 28.

“The petitioners are to serve the application by close of business Tuesday, the matter is marked as urgent and all parties have to be on the same page,” they ruled. 

The petitioners had moved to court seeking conservatory orders to stop the ongoing exodus at the Mau Forest before the 60 days window of forcible eviction is enforced by the government. 

Through lawyer Joel Bosek, the families claim tat the government is unfairly removing them from their farms despite having candidates in Class Eight and Form Four. 

Alternative homes

In his submissions yesterday, Bosek argued that the families had no alternative homes and in an event of eviction they will be thrown in open fields hence exposing them to diseases and poverty. 

According to Bosek, for an eviction of that magnitude to take place, the government ought to have an order from the court since petitioners have legal titles from the Ministry of Lands in the dispute areas.

However, the State through the Office of the Attorney General maintained that the title deeds were obtained illegally and in blatant violation of the law insisting that the settlers are unlawfully in forestland.

Illegal settling

Through State counsel Oscar Iregi, the government said it is willing to demonstrate the illegal settling of the petitioners by presenting five key witnesses in the matter who include, a land surveyor, a land adjudication officer and a water tower expert.

During the last hearing in court, Ministry of Lands and Physical Planning Principal secretary  Nicholas Muraguri through an affidavit revealed that 599 titles presented by the petitioners were illegal.