In a landmark judgment, the High Court has ruled against the Northern Rangelands Trust (NRT) and other entities operating conservancies in Chari and Cherab wards of Merti Sub-County, Isiolo.
The ruling declared the establishment of these conservancies unconstitutional due to the lack of public participation, a critical tenet of Kenya’s governance framework.
Further, the court found that NRT, along with other respondents, had violated the Community Land Act, of 2016, by initiating conservancy operations without consulting or involving local communities.
“A declaration does hereby issue that the establishment of conservancies in Chari ward and Cherab, Merti Sub-County, was undertaken without due public participation and is consequently unconstitutional,” read the ruling.
These operations included mapping, surveying, recruitment of rangers, and other activities on unregistered community land in Chari and Cherab wards.
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Other Directives Issued over Northern Rangelands Trust Case
Justice O. A. Angote issued several directives aimed at restoring the rights of the local communities. A permanent injunction was granted, prohibiting the respondents from entering or carrying out any conservancy-related activities on the disputed land.
Additionally, the court directed relevant authorities to revoke all licenses and permits granted to the respondents for managing these conservancies.
“A permanent injunction does hereby issue prohibiting the respondents from entering, mapping, surveying, delineating, or carrying out conservancy operations, including recruitment or employment, evicting community members, or engaging in any activities related to the unregistered community land in Chari and Cherab wards,” stated the court.
The judgment also addressed the issue of rangers deployed by the respondents.
“A permanent injunction does hereby issue prohibiting the 1st, 3rd, 4th, 5th, and 6th respondents from operating or deploying rangers or guards in any part of Chari and Cherab ward, Merti Sub-County,” the court ruled.
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The ruling further mandated the Ministry of Lands and the Isiolo County Government to facilitate the registration of community land in Chari and Cherab under the Community Land Act. This step is expected to empower the local communities with legal ownership and control over their ancestral lands, safeguarding them from unauthorized exploitation.
The court also ordered law enforcement agencies, including the Isiolo County Police Commandant, to oversee the implementation of the ruling and ensure peace and order in the affected areas.
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