By Court News Staff Reporter
The government’s plan to lease out a 15,000-acre parcel of land in Taita Taveta County to private investors has been halted by the Environment and Land Court in Voi, dealing a major blow to the Ministry of Agriculture and Livestock.
Justice Edward Wabwoto quashed Tender No. MOALD/SDA/BLQS/IT/10/2024/2025, which invited bids for the lease and development of the Bachuma Livestock Quarantine Station — a key national facility for livestock screening and export.
Judge Faults Government Agencies
In his ruling, Justice Wabwoto declared the tender unconstitutional, faulting the Ministry of Agriculture and Livestock, the National Land Commission (NLC), the Ministry of Public Works, and the Attorney General for failing to uphold constitutional provisions.
“The respondents acted in contravention of the Constitution, particularly Article 10 on national values and principles of governance and Article 153(2) which binds Cabinet Secretaries to uphold the law,” ruled Justice Wabwoto.
The court found that the tender process violated public participation principles under Article 10 of the Constitution and Section 87 of the County Governments Act (2012).
County Government Moves to Court
The Taita Taveta County Government, led by Governor Andrew Mwadime, filed the case through lawyer Paul Maingi Musyimi of Maingi Musyimi & Associates, arguing that the devolved unit and local residents were not consulted on the leasing plan despite its economic magnitude.
“The County Government of Taita Taveta was not engaged as a stakeholder, and residents were never involved through public participation or local referenda,” lawyer Maingi told the court.
He added that the leasing plan disregarded constitutional and legislative safeguards meant to protect public land from unlawful alienation.
Socio-Economic Rights at Risk
The county government argued that the proposed lease would have deprived residents of Taita Taveta of their right to benefit from local natural resources and development projects.
“The great people of Taita Taveta risk losing out on the exploitation of a strategic asset to both the National Government and private entities, thereby prejudicing their socio-economic rights under Article 43 of the Constitution,” the county submitted.
County Secretary Friday Mwafuga supported the petition, stating that the land in question — part of the Bamucha LMD Farm — is a strategic county resource and should not be alienated without stakeholder consultation.
Failed Negotiations
The court heard that since the tender’s publication, the county government had attempted to engage the Ministry of Agriculture and NLC to resolve the matter administratively, but those efforts proved unsuccessful.
Consequently, the county escalated the dispute to the Intergovernmental Relations Technical Committee (IGRTC) and later sought judicial intervention.
Justice Wabwoto agreed that the process lacked transparency, consultation, and procedural fairness, rendering it null and void.
Court Orders
The Environment and Land Court in Voi issued orders nullifying the tender process and prohibiting the government from proceeding with any lease or development arrangements over the Bachuma land without full compliance with constitutional and statutory requirements.
The ruling marks a significant victory for devolution and public participation in Kenya’s land governance framework.