AU order on Mau evictions is inconsequential: Natembeya

Rift Valley Regional Coordinator George Natembeya has dismissed the ruling by the African Union Commission on Human and People’s Rights for Mau Forest evictions to be suspended.

Mr Natembeya said on Monday that the government would not act on the commission's directive as it had been "overtaken by events" and settlers had already left the forest.

“The decision is inconsequential; the government cannot implement it since there is no one left in the forest," he told the Nation.

"The eviction stage was completed. We are in the process of planting trees in the complex."

COMMISSION'S VIEW

The commission based in Banjul, the Gambia, directed the State to stop the evictions and refrain from activities that would interfere with residents' rights over the land in the forest.

“The commission calls on the respondent State to take immediate steps to halt and suspend the eviction of residents from the Mau Forest Complex,” it said in a ruling delivered on October 21.

It said the move would cause violation of the people's rights to dignity, property and education.

“The commission is of the view that the potential effect of the evictions on vulnerable groups, that is children, the elderly and persons with disabilities may result in irreparable damage to the their mental and physical wellbeing."

The ruling followed protests in September ahead of the evictions.

The Center for International and Comparative Law and the Institute for Human Rights and Development in Africa lodged the complaint on behalf of results who had said that at least 60,000 families would be left homeless.

REACTIONS

In a rejoinder, lawyers opposed the assertions by the regional administrator, terming them uncalled for.

Mr Peter Bore warned Mr Natembeya that his remarks would be seen as disregard for the African Union, Kenya being a member State.

Mr Bore further warned that an attempt to disregard the commission's order could jeopardize Kenya's relationship with the international community.

“It is very unfortunate for Mr Natembeya to use his capacity to rubbish orders of the commission which are binding to the nation. He cannot purport to have powers to overrule orders of the African Union, which ought to be obeyed to the letter."

Mr Kimutai Bosek, who has been representing the evictees in a case at the High Court, also expressed his disappointment with disregard for the commission's directive.

“We were shocked to see the government proceeding with evictions despite receiving the orders from the commission. This action is a threat to the rule of law,” he said.