A section of the Mau Mau descendants and veterans leaving Meru Courts after the dismissal of their case.
By The Peak
Hundreds of Mau Mau freedom war veterans and their descendants yesterday suffered a huge blow after the Environment and Land Court at Meru dismissed a petition that they had filed claiming ownership of about 600,000 acres allegedly occupied by large-scale commercial farmers.
The petitioners, Meru Cultural Centre argued that they were driven out of the vast land in Buuri sub-county by people who were aided by the colonial Government.
Despite being disposed of the land, the petitioners also claim that they were subjected to brutality and cruelty and there was a violation of their basic rights and freedom on occupation and exploitation and possession of the land.
But Judge Charles Yano, while acknowledging that the court had the jurisdiction over the matter, dismissed it after he found it defective on the basis that the allegations contained in the petition were not supported by any substantial evidence.
At the moment, the petitioners are left with the burden of proving ownership of the land and filing a fresh petition to compel the current occupiers of the land to vacate.
The respondents in the dismissed petition included the management of the large farms, the Agricultural Finance Corporation, the National Land Commission, The Settlement Funds Trustee, and the Attorney General.
Among the orders they sought were for the respondents to be prosecuted for the cruelty against the Meru Tribe and to be compensated for the commercial loss of the properties.
However, Judge Yano said the petitioners had not stated how the respondents had violated the stated articles.
He said he was in agreement with the respondents’ submission that the petition was based on “generalized allegations” that they had participated in the forceful displacement of the petitioners from their land.
“The petitioners have not provided particulars of the allegations of organized cruel and forcible detainer and neither have they disclosed the manner in which their constitutional rights have been violated in this regard,” Yano said.
He said there were no particulars presented of the properties mentioned in the petition and to whom they belonged, which of the petitioners were dispossessed, by whom, and in what manner.
Speaking after the ruling, Mr Robert Kinyua, the cultural centre chairman said they were happy with how the ruling had turned out as the judge had said that the court had jurisdiction to hear the matter.
Meru Cultural Centre Chairman Robert Kinyua addressing journalists after the dismissal of their case.
He said they will be going back to the drawing board to do fresh papers after which they will file a fresh petition to regain ownership of the land.
He added that after their displacement, the present occupiers of the land had farmed on it from 1919 and continued to do so yet the real owners were living as squatters while others were in slums.
