Court rules on suit seeking self-determination of Luo community
2 min read
High Court rejects petition filed seeking self-determination of Luo community over non-compliance with procedures
High Court rejects petition filed seeking self-determination of Luo community over non-compliance with procedures.
The High Court has rejected a suit filed by a petitioner who sought to have Luos allowed to leave Kenya and form their own independent state.
According to Justice Lawrence Mugambi, Ojijo Mark Pascal’s lawsuit was improperly filed.
He argued that Ojijo should follow the procedures outlined in the Constitution for submitting constitutional petitions.
“I have read the notice of motion together with the certificate of urgency and note this suit is commenced by way of a Plaint rather than a constitutional Petition and is therefore struck out forthwith,” said Mugambi.
Through Ojijo, the over 10,000 petitioners sought a referendum on various grounds including consistent acts of discrimination, profiling, harassment, torture, and oppression of the Luos.
In his papers, Ojijo said secession is not a crime in Kenya and it is time Luos charted their own course as a people who believe in change.
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He alleges that the State has repeatedly, and consistently applied excessive force on Luos during demonstrations.
“My constitutional right to political, social, cultural, and economic development has been restricted by the state. The State has also used the law and media to paint Luo’s as evil, against development, and violent,” he said.
“Unless the matter is addressed urgently, the ethnic profiling, discrimination, lack of development and harassment shall continue and these shall prejudice, harm, and limit his right to self-determination.”
The petitioners contended that past and present government administrations have fostered an environment of impunity through allegedly fraudulent elections, preventing the Luos from taking charge and developing economically.
Ojijo contended that since self-determination is a constitutional right for the Luos, it should be permitted.
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