COURT BLOCKS LEASING OF 15,00 ACRE PARCELOF LAND IN TAITA TAVETA COUNTY TO PRIVATE ENTITIES

A judge in Voi has blocked the government from leasing 15,000-acre parcel of land in Taita Taveta to private
entities, pending the resolution of a dispute lodged by the county government.
Environment and Land court judge Justice Edward Wabwoto issued the order and directed the matter to be resolved by the Intergovernmental Relation Technical Committee (IGRTC) within 60 days.
Taita Taveta county government moved to court arguing that the Ministry of Agriculture invited bids on August 9, for leasing of Bachuma LMD Farm in Maungu for a period of 30 years.
According to court documents, the successful bidder will undertake animal husbandry, which is a devolved function.
Incidentally, Taita Taveta county government said it has been pursuing the same parcel of land pursuant to Article 187 of the Constitution in order to facilitate the county in development of Agriculture and Livestock and uplift the lives of the residents, but has not been successful.
Through lawyer Paul Musyimi, the county submitted that despite the magnitude and the socio-economic implications of the proposed project, the county government of its residents were not involved or the project subjected to public participation.
“That a conservatory order is hereby issued restraining the respondents and/or the government of Kenya in general, or its agencies, from awarding, implementation or giving effect in any way whatsoever or howsoever to tender No. MOALD/SDA/BLQS/IT/01/2024/2025,” the court said.
Justice Wabwoto directed the matter to be mentioned on November 20 for directions.
Musyimi told the court that the national government is in the process of un-procedurally and unlawfully alienating the 15,000 Acres of the county’s, a move that was unconstitutional.
“The great people of Taita Taveta County risk losing out on the exploitation of a strategic asset to both the National Government and private entities thereby prejudicing their socio-economic rights as contemplated under Article 43 of the Constitution,” said the lawyer.
The lawyer added that there is imminent risk that the Ministry of Agriculture and Livestock Development will award the tender to a private entity and cause the transfer, through leasehold, of public land for a term of 30 years.
He submitted that it was in the interest of justice that the land subject to alienation by the Ministry of Agriculture and Livestock Development be preserved pending the resolution of the dispute before the IGRTC.
In an affidavit, Friday Mwafuga, a resident said the decision is against a circular issued by the Treasury on January 18, 2024, directing all ministries and departments on the requirement for leasing of public assets, thereby compromising the integrity of the process.