- The 91 Ilchamus had asked the court to refer their case to Chief Justice David Maraga as it raises weighty constitutional issues.
- They ask the court to compel the state to compensate them for damages caused to them by floods.
Members of the Ilchamus community will know by November 26 whether their compensation case against the state will be heard by more than one judge.
High Court judge Anthony Mrima on Wednesday directed the members of the community to return to court on November 26 for a ruling on their appeal for a three-judge bench.
The state did not oppose or file any documents in relation to the application to have the matter heard by a bench of three judges.
The 91 Ilchamus had asked the court to refer their case to Chief Justice David Maraga as it raises weighty constitutional issues that need to be determined by more than one judge.
In their case, they are asking the court to compel the state to compensate them for damages caused to them by floods which uprooted them from their homes and destroyed their livelihoods.
The suit was prompted by the rising levels of Lake Baringo.
“The property of petitioners has been swept away by floods and swallowed by the rain-swollen lake and they have no means of livelihood; they have no land to relocate to; they cannot be expected to relocate on their own,” the suit reads.
They need basic amenities urgently since schools and hospitals have been submerged.
The Ilchamus are a marginalised community residing in Baringo county. In addition to being neglected by the state for a long time they are now facing a new crisis that calls for urgent intervention of the court, the suit papers say.
Their lawyer Thomas Letangule says in a petition filed under a certificate of urgency that the community faces disaster and the government seems to have ignored the fact.
The rising water level has cut off access to schools.
“Petitioners do not have access to any school owing to raging floods that have also displaced thousands of people who are now languishing in deplorable conditions without the help of relevant government agencies,” the petition states.
The community under the leadership of John Lekoko Lekulai says the government’s inaction has violated its socio-economic rights.
The leaders maintain their children’s right to education is at risk of violation if schools are reopened.
They say that although the Constitution guarantees the rights of minority groups, they have not benefited from that guarantee.
“The petitioners have faced many threats to their lives and property yet the government has not protected them as it should…they have not benefited from the constitutional protection for marginalised communities in line with the intentions and spirit of Constitution.”
They cite raids since the beginning of 2005 that have had devastating effects including loss of lives, displacement and loss of livestock without state action.
“The government has not done much to help on this over the years despite endless pleas for help,” the application says.
Edited by Henry Makori