High Court dismisses Wajir MCAs bid to block creation of conservancy
They argued that the registration and allocation of land to the conservancy posed a direct threat to the social fabric of the affected communities.
The High Court in Garissa has dismissed a petition by seven Wajir MCAs seeking to block the establishment of a conservancy in Banane Ward, Wajir South.
The MCAs wanted the court to quash the decision of the Ministry of Tourism and Wildlife and the Kenya Wildlife Service (KWS) to allow the registration of Sabuli Wildlife Conservancy, claiming it was established without the engagement of the residents.
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The MCAs wanted the High Court to issue an order prohibiting the Ministry of Tourism, KWS and the Attorney General from licensing Sambuli Conservancy to operate in the area until the land it stands on is registered as community land within the Community Land Act.
They contended that the registration of the conservancy was carried out without adequate community engagement, sensitisation, inclusivity and public participation.
They emphasised that the pastoral communities highly value their grazing fields and the conversion of these fields for private conservancy purposes has unintentionally created discord among the communities.
The petitioners further claimed that the registration of the conservancy did not take into account critical factors such as environmental impact assessments, land tenure issues, clear community engagement, benefit-sharing and defined community roles.
They argued that the registration and allocation of land to the conservancy posed a direct threat to the social fabric of the affected communities, as this would likely result in the displacement of these communities.
But Justice John Mutungi of the High Court in Garissa dismissed the petition for lack of merit.
Mutungi said Section 39 of the Wildlife Conservation and Management Act allows registration of community wildlife conservancies.
He also noted that KWS and the Wajir County government maintained that members of the community were being involved in the registration process.
The judge said on the appraisal of the petition, it was apparent the county government, which is the custodian of the community land as trustee, supports the establishment of the community wildlife conservancy.
"The petitioners have in the petition set out various provisions of law alleging violations of the same but there is no clarity as to the alleged violations. The petition was premised on the fact that the (conservancy) was a registered wildlife conservancy, a fact that was not proved. The court in the premises finds and holds that the petition lacks any merit and the same is ordered dismissed."
Justice Mutungi noted that the deputy governor vide a letter dated September 30, 2018, supported the establishment of the conservancy.
The county Environment Executive in his letter dated February 23, 202,3 endorsed the establishment of the conservancy.
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