I am contemplating going to the courts over an issue that has persistent for decades in my area. Cattle rustling has really affected the livelihoods of the people of Samburu North Constituency (Northern Kenya).
Over the last two decades since 1990s the government of Kenya has engaged he issue in different approaches and currently we have 3 military camps in Baragoi area , in my view they have failed to protect the people and their property. This is an area with two warring communities (Samburu (maasai) and the Turkana. I can state with facts that the samburu community has lost almost 1/8 of its young generation (the morans) through this problem. For example in the year 2012, 12 youths died in one incident , in 2014 again another 13 died in similar incident. In 2015 one of my relatives was shot while grazing alongside 3 others and all died and about 500 heads of cattle driven away by the bandits from the other community. Just a week a go 2 people died again due to exchange of fire, this time the issue was grazing area brought the quarrel.
There are contless other small incidents that led to loss of life between this communities. Even in the centre of the shopping centre (Baragoi) you can be shot at night---- this happened before.
The setting is one side of the trading centre is occupied by the Samburu (the majority) and the other the Turkana (minority) perceived to to immigrants from Turkana county years ago. We are in Samburu County (since the 2010 constitution before it was Samburu District) .
The Samburu would claim that this is there ancestral land and the Turkana would use the gun and advance their agenda of acquiring more grazing land ( this they have succeeded to some extent) ; the Samburu have long accepted this because the present Turkana generation in Baragoi is actually have birth right here and in the spirit of the 2010 constitution also any Kenyan can live anywhere in Kenya. www.kenyalaw.org:8181/exist/kenyalex/actview.xql?actid=Const2010
The government also lost about 40 police officers in the 2012 incident in suguta valley. They were in pursuit of cattle stolen from the Samburu people.
I wanted to go to court on the above issue and atleast sue the government and reguest them to compensate the poverty stricken people due to the loss of their livelihoods (cows) to the perennial attackers. No such thing has been done so far . I can extract all the families affected in the police OB with support of the community administration.
My question is , does this issue carry some weight to be listened by the courts? The 2010 Kenyan constitution is a near to perfect constitution (borrowed from the developed countries) and one of the main work of the head of state in the constitution is to safeguard the peoples lives and property. Am not a lawyer but i will get a pro-bono lawyer.
I want to seek for compensation of loss of livelihoods. The people in those manyatta have been reduced to just paupers.