We, the undersigned, are concerned citizens, activists, and members of the Losesia community in Samburu County, Kenya. We urgently request your support in halting the ongoing compulsory land acquisition process that threatens our community's land, livelihoods, and cultural heritage.

Under the National Land Commission’s directive (Gazette Notices No. 4055 and 16985), part of our land, LR No. Samburu/East WASO/1, in Archer's Post, Samburu East  is being acquired for public utility. However, the process has not adhered to the constitutional provisions or the Community Land Act, which protect our rights as a pastoral community and the registered owners of the land. This petition outlines the reasons we believe this acquisition should be stopped and reconsidered.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Our Issues:

• Lack of awareness among community members: Losesia community, which majority consists primarily of semi-illiterate or illiterate people, has not been properly informed about the land acquisition process. As a result, the majority are unaware of the implications of this acquisition or the procedures involved.

Community Land Act No. 27 of 2016 Section 4 - Rights of Community

4. (1) A community has the right to (a) own, use, control, and manage land and land-based resources, including customary rights, in accordance with its customs and traditions; and (b) exercise, protect, and enforce its rights to land in accordance with the Constitution, the land laws, and international law.
4. (2) A community shall have a right to give its consent before its land is alienated, transferred, or acquired by the government or any other person.

• Inadequate public participation: Public participation, a vital aspect of the acquisition process, has not been carried out in a manner that reflects the views of the entire community. Important decisions have been made without sufficient consultation with all affected individuals.

Article 232 of the Kenyan Constitution. 

232. (1) The values and principles of public service include (a) high standards of professional ethics; (b) efficient, effective, and economic use of resources; (c) responsiveness to the needs of the public; (d) transparency and accountability; (e) participation of the people in the process of policy making; and (f) provision of timely, accessible, and accurate information.

• Incompetence of the current community board: Losesia community board, which is supposed to represent the community’s interests, has failed to communicate effectively with the community. Key information about the acquisition has been hidden, leading to confusion and distrust.
• Request for reconstitution of the Community board: The tenure of the current board expired in 2024. We request that the County lands department help the community assembly  reconstitute a new board through a transparent and democratic process, ensuring proper representation of the community.
• Adherence to constitutional and legal requirements: While  Losesia community supports the government's security operations in the region, we request that the government follow the legal procedures outlined in the Constitution of Kenya and the Community Land Act. Transparency and fairness should guide the acquisition process to ensure the rights of the community are upheld.

Section 13 - Community Land acquisition

13. (1) A community land can only be acquired by the government for public purposes in accordance with the provisions of the Constitution.
13. (2) The process of acquisition of community land by the government for public purposes shall be transparent, participatory, and shall involve consultations with the affected community.

• Impact on pastoral livelihoods: The land in question is vital for our pastoral way of life. The loss of this land will devastate our nomadic livelihoods, affecting the community’s long-term well-being.

Why we must Act now:

The situation is urgent. The current community board members, whose tenure has expired and who have shown a clear lack of transparency, are pushing the land acquisition process forward without proper consultation or input from the broader community. If we do not act now, the deal may be sealed before the community has a chance to respond, and we risk losing this crucial land under unfair and opaque conditions.

The longer we wait, the more likely it is that the process will be finalized, with potentially devastating consequences for the Losesia community. We cannot afford to let this happen. Now is the time to raise our voices and demand a fair and transparent process that respects our rights and livelihoods.

What we want:

We are calling on the National Land Commission, the Ministry of lands, the County Government of Samburu, and other relevant authorities to:

• Halt the compulsory land acquisition process until proper public participation is conducted.
• Ensure that a new community board is elected in a transparent and fair manner to represent the interests of the Losesia community.
• Follow the legal procedures as outlined in the Kenyan Constitution and Community Land Act to ensure fairness and transparency in the process.
• Address the long-term impact of the acquisition on the pastoral livelihoods of Losesia community.

Conclusion:

This land is crucial to our survival as a pastoral community, and we believe the government has a responsibility to ensure that any land acquisition is conducted fairly, transparently, and in accordance with the law. We urge everyone who values justice and fairness to stand with the Losesia community by signing this petition and demanding the government halt this land acquisition process. Thank you.

Join us in protecting our land, livelihoods, and future.