Opinion and Analysis
Let law take its course
Posted Monday, August 13 2012 at 16:39
Last week’s Court of Appeal ruling ordering former President Daniel arap Moi to vacate a disputed parcel of land in Kabarak, Nakuru, appears to have rattled some interest groups.
One of them has even trashed the ruling, suggesting that it ignored historical injustices committed against indigenous communities by white settlers.
That would make an interesting turn in the matter, but only if it were being handled by the discredited Truth Justice and Reconciliation Commission rather than the Court of Appeal.
The argument appears driven largely by an inability to respect court rulings, for long ingrained in the mindset of the high and mighty, rather than any substantial concerns on the legal issues involved.
For one, the background to the dispute between the former president and Malcolm Bell is purely private.
At no point in the proceedings were community interests canvassed as a ground for claims to the land by the parties.
Secondly, it would be inappropriate to whip up emotions surrounding the settler community in Kenya.
Mr Bell is a third generation Kenyan and it would require some digging to find out exactly who has a historical claim to the land, that is, if the contentious issue of how far back to search is resolved.
The only reason why the issue of historical injustices is being raised now is because the shoe is, literally on the other foot for Moi.
Let the law take its course.