The High Court has ruled that the allocation of over 1,500 acres of land by the Ministry of Interior for military bases in Turkana County was unlawful.
In a judgment delivered by Justice Kossy Bor, the court declared that the land had been allocated to the Kenya Defence Forces (KDF) without following proper legal processes or consulting the affected Turkana community in February 2021.
“A declaration is hereby issued that the process of identifying, setting aside, and annexing Turkana community ancestral land in Suguta Valley and Kawap areas by the NLC on behalf of KDF, in conjunction with the Cabinet Secretary of the Ministry of Defence and the County Government of Samburu, was unlawful and void,” ruled Justice Bor.
Although the land is currently occupied by the KDF for military training purposes, the court decided that immediate eviction was not appropriate. Instead, Justice Bor instructed the National Land Commission (NLC) to initiate a compensation process for the displaced Turkana community within 18 months.
The court also directed the NLC to ensure the Turkana community participates in the process of determining and receiving fair compensation for their land in Kawap and Suguta Valley, which had been allocated to KDF.
The land, located in parts of Turkana’s arid and semi-arid regions, was originally allocated by the Ministry of Interior in collaboration with the Ministry of Defence. Former Governor Josphat Nanok and Defence Principal Secretary Ibrahim Mohamed brokered the deal to acquire the land for military bases and training grounds, which the government said would help prevent cattle rustling, banditry, and other crimes in the region.
Cultural activities
However, the Turkana community, who have historically used the land for grazing, settlement, and cultural activities, opposed the takeover.
They argued that the land was ancestral and should not be taken without proper consultation or adherence to legal procedures.
The disputed land lies in northern Samburu, including areas such as Kawap, Suguta Valley, Nachola, Marti, and Parkati.
Petitioners, led by activist James Ochieng and Lawrence Lorunyei, the Member of County Assembly for Nachola Ward in Turkana, contended that the land was community-owned and allocated to KDF without the necessary consultation.
They argued that the Turkana community, a minority in Samburu County, has been systematically excluded from decisions affecting their ancestral land, which is crucial for their survival and livelihood.
