Northern Rangelands Trust cited for rights violations as KNCHR holds public inquiry in Isiolo

Northern Rangelands Trust featured prominently during the Kenya National Commission on Human Rights (KNCHR) public inquiry on the impact of business operations on the rights of the indigenous people in Isiolo County.

From the forceful establishment of conservancies which dispossessed local communities of their ancestral land to the alleged arming of some communities against others and interference with the community's land and property rights, the organisation was accused of a myriad of human rights violations.

Hassan Bidhu Golicha who presented a memorandum to the commission on his behalf and that of Merti residents accused the organisation which was founded in 2004 of running the conservancies on unregistered community land without adequate involvement and participation of local communities.

After the establishment of the conservancies, he shared, local communities were being barred from accessing their traditional grazing lands, cultural sites and water points, to the detriment of pastoralism which is the region's main economic stay.

"They collude with a few elders, local politicians and leaders as well as the county government to force the process down our throats. All the decisions are made without full consent of the community," he claimed.

Hassan told KNCHR commissioners that armed with sophisticated weapons, the NRT Rapid Response Units were ostensibly exacerbating inter-community conflicts and alongside the rangers, were responsible for forced disappearances and extrajudicial killings, especially in Chari, Cherab and Garbatulla.

Those mostly targeted are residents who have either publicly opposed the organisation's activities or spearheaded protests. "There is a team (of rangers) called Nine-One which travels in a Land Cruiser. Whenever it is spotted, a resident, especially those leading the protests, must go missing".

He said despite the aggrieved residents filing a constitutional petition before the Environment and Land Court in Isiolo in 2021 (E006 of 2021) and the issuance of orders barring NRT from establishing conservancies, the process went on uninterrupted.

Isiolo residents during a KNCHR public hearing on the impact of business operations on the rights of indigenous people in Isiolo County held in Isiolo town on July 29, 2024. (Photo: Waweru Wairimu)

"The NGO has already opened two offices and is in the process of opening another in contravention of the order," he claimed, citing this month's launch of Cherab Conservancy among the instances of blatant disregard of the law.

Thwarted plan

The residents, he said, successfully thwarted an alleged plan by the organisation and rogue county officials to legitimise the illegality by petitioning the KNCHR to halt the process of passing the Community Conservancy Bill.

The commission sent an advisory to the County Assembly warning the MCAs against passing the Bill unless the community land was registered.

NRT has established 39 conservancies across Northern and Coastal counties, resting on over 40, 000 square kilometres of land mass.

The organisation has countless times maintained that conservancies could not operate without approval and acceptance by the communities and that the Boards had community representatives.

NRT has also previously claimed the accusations were a scheme by rivals to malign its name.

Hassan demanded legal action against NRT for disregarding court orders, alleged interference with community land registration and lack of transparency in the use of firearms and ammunition.

"We want to know the criteria used to arm NRT rangers, who monitors their use and under what law," Hassan who works with Waso Paralegal Network demanded.

Other grievances shared during the session held in Isiolo town and spearheaded by three KNCHR commissioners included the lack of clear inter-county boundaries and lack of compensation for mega government projects being undertaken in the county.

Osman Dima Duba said unclear boundaries between Isiolo and Meru counties were to blame for the expansionist agenda which he said displaced families from their ancestral homes.

"The confusion came with the advent of devolution. Past court rulings have been disregarded to the detriment of Isiolo residents. It has also sparked conflicts between communities in the two counties," Osman said.

Adan Jirma blamed compensation challenges during the compulsory acquisition of land for government projects such as Isiolo International Airport and Isiolo-Modogashe-Mandera road on lack of title deeds.

"Titling will help end the land injustices and ensure our people benefit from ongoing and upcoming projects," he said.

KNCHR Vice Chairperson Raymond Nyeris said the team will prepare a report detailing all the issues raised and recommendations made for presentation to concerned authorities for action.

"Majority of the cases are land related. We will push to the end and ensure the communities access justice and their rights are protected," Nyeris said.

The public hearings are being undertaken in 13 counties and have been concluded in Nakuru, Laikipia, Isiolo, Nandi, Baringo, West-Pokot and Elgeyo Marakwet counties. Among the remaining ones are Narok, Marsabit, Kajiado Lamu, Tana River, Nandi and Turkana.