Lamu leaders, elders push for establishment of High Court

 

The Lamu Council of elders, leaders, activists and locals are pushing for the establishment of a High Court in the region so as to enable their ease of access to legal aid.

Lamu has only two Magistrate's Courts located in Mpeketoni and Lamu Island, all in Lamu west subcounty.

All cases requiring the attention of the High Court have to be forwarded to nearby High courts in Malindi in Kilifi County or Tana River.

The law requires the Judiciary to establish a High Court station in each of the 47 counties.

Residents of Lamu East subcounty have to be served by mobile courts owing to geographical challenges as most human residences are located in remote island villages that can only be accused by boat.

Security concerns are also part of the reason why areas like Faza, Pate, Kizingitini, Mkokoni, Kiwayu, Ndau and Kiunga on the border of Lamu-Somalia border can only make do with mobile courts in the meantime.

Residents however feel the establishment of the High court office in the county will enable them to easily seek and access justice.

Lamu elder and cleric Mohamed Abdulkadir it has been a costly and frustrating affair for residents seeking the services of the high court who are forced to travel all the way to Garsen in Tana River or Malindi in Kilifi county so as to be attended to.

He wondered why the government does not seem to have plans to build a high court in Lamu seeing as the constitution provides for that.

“The nearest High court serving the people of Lamu is either in Tana River or Kilifi counties. Sometimes, some cases are even referred to Mombasa and one has to cover all travel expenses which is quite a hustle. The constitution directs that such courts be in all 47 counties including Lamu,” said Abdulkadir.

The Chief Executive Officer for the Lamu Justice Network Yunus Issakia rebuked the continued marginalization of Lamu in terms of crucial amenities and services.

He said land cases are rampant in the region and that such require a high court to be in close proximity to allow for the quick determination of such cases instead of having them referred elsewhere.

“Travelling from Lamu to Tana River, for instance, is very inconveniencing as one has to cover over 200 kilometres by road. Many cases have been delayed or postponed numerously due to the same challenge. A high here will help clear backlogs make legal services smooth and easy for all parties,” said Issakia.

The Lamu council of elders advises that the presence of mega industrial projects like Lapsset will definitely cause a spike in land tussles as people seek to have a piece of Lamu.

Apart from the High court, the council also want an Environment and Land Court established to look into frequent land and environmental disputes in the region.

They said the absence of a High court in Lamu had delayed justice for many.

“We all know justice delayed is justice denied. There is already a lot of land tussles ongoing in areas where megaprojects are to be situated. The high court in Lamu is no longer a comfort but a necessity,” said elder Ali Gubo.

While on a visit to Lamu for the inauguration of the Mpeketoni Magistrate’s court, former Chief Justice David Maraga pledged to have a High court established in the county but nothing has been forthcoming.     BY THE STAR