The Environment and Land Court has addressed a petition submitted by five politicians challenging the current land survey and demarcation in Isiolo County.
The politicians contended that the process violated constitutional rights of residents. Justice Peter Njoroge dismissed the petition, asserting the legality of the titling process and highlighting the wastage of substantial public resources if the four-year operation were halted.
Contrary to claims by Isiolo politicians Fatuma Dullo, Rehema Jaldesa, Abshiro Halake, Hassan Halufo, and Koropu Tepo, Justice Njoroge found that significant public participation had taken place before the issuance of the notices initiating land adjudication.
The politicians had argued that the process lacked integrity due to alleged deficiencies in the legal notices and failure to meet required legal thresholds.
The petitioners also asserted that the mandatory procedures outlined in the Community Land Act for surveying, demarcating, and registering community land were overlooked.
However, both the Lands Cabinet Secretary and the Attorney-General clarified that the ongoing process fell under the Land Adjudication Act, addressing the petitioners’ confusion about the legal framework.
Justice Njoroge, in his verdict, affirmed the legitimacy of the ongoing titling process, emphasizing its compliance with the Constitution and highlighting the potential loss of public resources if deemed unlawful. The ruling represents a significant milestone in the contentious debate surrounding land adjudication in Isiolo County.
