Tome Francis: Frivolous Litigations and Rights Talks Impeding Conservation Efforts

Seemingly “litigations” and “rights talk” have permeated the creases and wrinkles of our society so much so that even land grabbers and illegal settlers have the temerity to rush to the court of law to contest an eviction order issued by the Government. It matters less that the said eviction is informed by the cabinet`s decision to rehabilitate a water tower that has over the years been desecrated.

Neither do the illegal settlers give a hoot that eviction talks have been with us for over a year now. Instead, the illegal settlers, acting with impunity continued unabated with their agricultural activities besides the wanton destruction of the Mau Complex. They now have the impertinence to order the Government to give them time ad infinitum to ostensibly harvest their crops.

It becomes even more worrisome if one was to go by the intimations that behind the move to mobilize and incite councilors and the illegal settlers to seek an injunction are a cabal in Government. At this rate, it will become increasingly difficult to put the genie of impunity and grubbiness back in the bottle.

As for the courts of law, one wonders why they appear to have set aside their qualms and waded in the murky waters of politics. Time and again we have witnessed the courts entertain suits aimed at challenging decisions of the executive and parliament. For instance, this year alone, the court entertained a suit filed by the then commissioners in the defunct electoral body challenging the legality of the decision of the executive and parliament to send the entire electoral body packing. Similarly, when parliament invalidated the president`s unilateral decision to reappoint top officials of KACC, the court regaled itself with litigations from some quarters.

The willingness of the courts to entertain such suits serves as a pathway for judicial scrutiny of every single Government decision. This is an act that totally ignores the principle of separation of powers and is in the least, an abhorrent act to every right-minded citizen. Is it perhaps that the current constitution does not delineate the role of the judiciary properly? There is every reason that we should take up the task of setting equilibrium between the value of accountability through the court of law and the value of limiting judicial incursions on the autonomy of the Government to effectively discharge its sworn duties.

In the meantime I urge all and sundry to take cognizance of the overriding interests of the larger public. The overriding public and professional opinion is that conservation of the country`s water towers is sacrosanct. It would be a vile presumption for anyone to attempt to think even for once that Kenyans will entertain politically motivated subterfuge on the rehabilitation of our water towers.

Tome Francis,


This entry was posted in . Bookmark the permalink.