Court orders State to stop killing livestock in Laikipia

A herdsman with his cattle along Nanyuki-Rumuruti road in Laikipia County on November 9,2017. PHOTO | EVANS HABIL | NMG

The High Court has asked the government to stop killing livestock and destruction of property in Laikipia County.

Justice John Mativo issued the order in a case filed by former Laikipia North MP Matthew Lempurkel and current county Speaker Lenas Loshore.

“I find and hold that it would be consistent with the Constitution to grant the orders as requested,” ruled Justice Mativo.

“The fundamental duty of the Constitution is to uphold the law and I find it deserving to grant the interim orders.”

The judge directed that the Inspector General of Police, Interior secretary Fred Matiang’i and the Attorney-General — who have been sued in the case — be issued with copies of the case document by Tuesday.

“An order is hereby issued and is directed to the sued parties to cease confiscating, killing and seizing livestock belonging to pastoralist communities within Laikipia,” Justice Mativo said.

The judge had questioned why the matter was filed in Nairobi contrary to a court rule which stipulates that matters be filed at the nearest station to the violation scene.

“I have read that the cause of this case took place in Laikipia County and the nearest station is Nanyuki High Court, in my view Mr Lempurkel and Mr Loshore have violated Rule 8(1),” he said.

The judge also wanted them to explain why the matter should not be transferred to Nanyuki but their lawyer, Zakayo Mapelu, said they opted to file the case in Nairobi for safety reasons.

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