It’s unavoidable to not give credit to facebook for opening up the easier channels for people of all calibers to meet and discuss matters affecting their society.
But the intention why I’m writing this is not to promote facebook but to give my reaction to the question from my facebook friend, M. Rainy about land conflicts in Laikipia.
M. Rainy’s question to me was; what is your reaction to this effort of finding legal address in civil and criminal court action? The question was generated after our discussion before on land issues in Sukuta Oo Marmar.
And so , here I drop myself dead on the question, but I warn you, reader, I got kids running all over here so….:)
Of course I think, in my not premeditated spontaneous reaction, that legal matters in Kenya as well as in any sovereign State must be solved legally with the national or if need be, international laws, governing the specified areas. I think landlessness and land conflict is a ticking bomb in my motherland! If we don’t honestly address the issue of resources sharing (land resource especially), in Kenya, then I am sure that even with the best Constitution, Kenyans will still find themselves in peril.
I imagine of Mukogodo reserve and all the generations from the time of my grand-father ( Il-tareto), who were restricted with Kipande system. My daddy says that, like many other I-tareto in Laikipia, my grand-father died a very bitter man because of among others landlessness and confinement in Mukogodo.
The legal system in Kenya may have a lot of problems when dealing with land issues because of the fact that the laws we inherited from Lancaster may not be the just laws that represent the interest of the citizens of Kenya. Landholdings, transfer, and or acquisitions may not have gone the legal and just way since the British colonial Master left Kenya for Kenyans. Those deeds which were legally acquired under the same Colonial or, if you like, neo-Colonial, may not be legitimate given the fact that some individuals own lands equivalent to a whole division and more while others do not have anything at all.
Protecting the rights of individual land owners is vital just as it is ineluctable to attend historical land crimes committed before and after the colonial era. This is why we need sober minds to tackle our domestic issues based on a legitimate and just legal system. The paradox is that, using the current legal system to settle the major land conflicts, in my personal opinion, will even worsen the situation for the already poor, oppressed and scared land grabbing victims like the Laikipiaks.
Do you think that the legal system that Odinga didn’t dare seek refuge in, during his apparent stolen presidency is now legitimate to act on behalf of the victim? Or, will it be manipulated to protect the resource owning Class that own Kenya at the expense of the poor majority?