Land issue and legitimacy of Kenyan Legal system!
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? Read more…
Mobilize your friend! Get a piece of cake!
Let’s mobilize our community to know their rights.
We are a peace loving people. We try to do the best we can and go along with everybody even when we know we are sidelined. We are a people not well represented. We all know that we ought to be protected by our sovereign state but we are suffering quietly. We don’t like to cry in public and we can take a hit or two and still hold unto our faith.
We can elect the same Member of Parliament even when they reveal to be unwilling to help us as the one who was before him (HIM-not a single Maasai woman elected so far). All our cows can die as we migrate them along a 12m long colonial fence that took away our livelihood and identity and we cannot do anything because they are nowadays wildlife conservancies and we a wildlife loving community. FINE, FINE… YOU ALL KNOW THAT OUR GIRLS ARE CIRCUMCISED BUT WE, THE EDUCATED YOUTH ARE SERIOUSLY AGAINST THE RETROGRESSIVE TRADITION THAT DISCRIMINATE OUR GIRLS FROM ENJOYING THEIR FUNDAMENTAL RIGHT TO THEIR BODIES.
We don’t normally like to talk about sex and anything to do with this topic because is just not anything we do and absolutely not in public. However, the youth are learning how to write and type and even use online video to air their grievances. We, the younger generation of the Mukogodo Conservancy wants to be free from all oppressive ways of life. This is why we want to join our efforts as community mobilizers! That is us the Maasai people of Kenya and Tanzania.
Muraang Kipish. Yes, it’s about you and me, and Mepukori and, now let’s see the other soldier in Nairobi, thinking, and the other banker, and the other KWS, and the other social worker in Nanyuki? So many well placed Maasai grassroots “Tools”! That is what we need and we already have it.
OK, we know that the government is very heavy and slow! Let’s see what we can do for ourselves first! Can we mobilize each other with the word(s) you have the right to equal participation or you have the right to a portion of the cake! Kila mtoto ako na haki zake sio? Haya ambiya mwenzako(genderJ) lets peacefully and obediently engage in a civilized dialogue with the system.
We need 200 informed mobilizers. You already know what you want but no one gonna give you if you don’t ask for it! 1 step at a time.
Koree Laikitalak loo Laikipiak? Akiti! Eishaitie loodo kilani ntare engae?……:)
Saidimu Ole Ngais.
Enkishui E Maa thanks you for your support!
Wamaasai waandamana dhidi ya KWS 16/09/09
Dear All,
We will like to thank you all the Maa community for the support you showed during yesterday KWS demonstration. We are very delighted by your response and support.
We do show our gratitude to those who called to show their support from here at home(Kenya), Tanzania and abroad, we do appreciate a lot. For those who made to the venue and participated in the peaceful ever demonstration we say thank you and may we always show the same spirit because that is how we can fight our enemies. You can see that together we stand and divided we fall.
To our Tanzania brothers what an amazing support from you. this shows that we are one community despite the boundaries between us and nothing can stop us from bringing together ideas and work together as one people.
We cannot also forget to thank those who did pray for us to make this a success. If you were not able to be there you have a chance today to see this event in your preferred television be it NTV, KTN, KBC…etc. in 7pm and 9pm news.
We do believe that Justice is going to prevail. If it is not the Maa community many game parks and reserves won’t have been in existence and for our people to be harassed, tortured and killed in cold blood is very painful.
To our Samburu brothers what happened yesterday was very sad and we stand together at this difficult moment and may God rest their soul in peace.
Regards
Caroline Patita & Leshan Leshao.
Source: Faceboom Enkishui E Maa
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