A Voi court has issued conservatory orders restraining the National Land Commission from giving effect to the leasing of Bachuma LMD Farm situated in Taita Taveta county to a private investor for 30 years.

The application which was filed under a certificate of urgency by the Taita Taveta county government through Maingi Musyimi Advocates sought restriction orders by the court to prevent the Ministry of Agriculture and Livestock Development from leasing the 15,000 acres Bachuma Farm in Maungu to private entities for a period of 30 years.

In the application, the county government stated that the ministry had advertised the Tender No MOALD/SDA/BLQS/IT/01/2024/2025 for the said farm in search of a bid for the purposes of undertaking animal husbandry and allied functions which undertaking is a devolved function under Article 186 of the constitution.

It further stated that despite the magnitude and the socio-economic implications of the proposed project by the ministry, it was not involved as a stakeholder neither the residents of the county were engaged in public participation.

It indicated that the proposed tender disregarded the constitution as well as the legislative safeguards for alienation of public land therefore resulting to gross violation of the constitution and affront to the rule of law.

“The people of Taita Taveta are at risk of losing out on the exploitation of a strategic asset to both the National government and private entities thereby prejudicing the socio-economic rights,” the applicant indicated.

While issuing the orders, the Voi High Court judge Justice Edward Koroph Wabwoto directed thus; “I restrain the Ministry of Agriculture and Livestock Development, the Government of Kenya in general or its agencies from awarding and giving effect of the said tender for the lease of Bachuma LMD Farm or interfering in any way whatsoever until the matter is heard and determined.”

The matter will be mentioned on November 20 for further directions.