The High Court sitting in Voi has today quashed its earlier orders compelling the Taita Taveta county government and security agencies from preventing camel grazing in the region.
Voi High Court Judge Amin J. issued the orders pending inter parties hearing on June 27th this month.
This is after hearing an application by County Legal Director Chahilu Edwin and lawyer Okano Bwire.
The lawyers argued that the orders as issued did not depict the court record and that they were issued on the basis that the petitioners had not disclosed critical information to the court.
They said this swayed the Court to issue prayers sought in the main petition pending the hearing of the same interpartes.
On June 20th, Amin J. had stopped the county government and security agencies from flushing out herds of camels under a certificate of urgency by petitioners Mohamed Bishar, Mohamed Hassan, Rahow Malim and Kullow Ibrahim.
Chahilu argued that the order was an attempt to take away the constitutional mandate of the County government as enshrined in articles 182 and 185 and that the court had every right in correcting the anomaly through stay of its earlier orders.
Bwire said that the issue in the main petition touched on grazing rights as set out in both the constitution and section 28 of the Community Land Act where issues were supposed to be addressed before the Environment and Land Court.
“The court order took away the constitutional mandate of the county government. The county government is mandated to ensure certain rights of the citizens are protected. The matter before court is specifically for Teri B group ranch but the order issued involved all the ranches in the County. Kasarani in the outskirts of Voi town is not a ranch but the camel herders are abusing orders to graze on private lands,” Chahilu said.
As such, the ongoing relocation of illegal herds will continue as the County Government seeks a holistic solution to the perennial illegal herding within its boundaries.
Leaders in Taita Taveta are against illegal camel grazing by herders who have flooded private farms in the region.
The county government does not recognize the lease agreements entered by a section of ranchers and the camel herders.
Two weeks ago, a man was stabbed to death by the camel herders at his farm in Kirumbi, Sagala Ward Voi when he barred the camel herders from grazing on his farm.