Thika residents have supported the new Environment and Land Court Rules that seek to have land cases expedited in one year, saying they would help address the many land injustices in the area.
Speaking during a public participation exercise on the new rule, the residents said the rules would offer justice to several victims of land grabbing whose cases have dragged on for years in court.
Led by Alice Njoki, one of the victims who filed a land case at the Lands and Environment Court in Thika in 2019, which has dragged on until recently, they said expediting cases in a year would save families huge court charges from lawyers as well as offer quick resolution to land disputes.
“These rules are welcome, particularly to address protracted court battles whereinsome cases families give up and lose their land to grabbers. In some cases, the grandchildren are left to fight on in court. This will now be a thing of the past,” she said.
Her sentiments were echoed by the chairman of the Thika Business Community, Alfred Wanyoike, who said protracted court battles have frustrated several investors, some of whom have given up and left to invest elsewhere.
Wanyoike at the same time asked the court to have systems in place to ensure that even if some cases have not been determined within that time frame, they find recourse on how to address the matter.
“What will happen if the courts fail to determine certain cases in the said time frame? Will it mean that the cases will be quashed away? How will this be addressed?” posed Wanyoike.
The Judiciary team was led by Judge Joseph Sergon, a member of the Judiciary Rules Committee, who said that the Judiciary is well equipped to implement the new rules.
He said the committee has visited almost all the counties for public participation, and that most Kenyans were in support of the new rules.
“We expect these rules to bring order in how to address environment and land matters. They will also reduce case backlogs and ensure cases are expedited on time. This is just a draft, which will go through some processes before it becomes court rules,” said Sergon.
While welcoming the new rules, lawyer Mwaura Muroki called on the judiciary to organize itself by putting up structures and resources to effectively implement these new rules.
“It is now the obligation of the Judiciary to table proposals for staffing to ensure the full implementation of these rules. They will need more staff and resources to achieve these plans,” said Mwaura.
By Muoki Charles
