Laikipia National Park

STATEMENT AGAINST CLAIMS OF VIOLENCE IN LAIKIPIA

The African Wildlife Foundation (AWF) wishes to address the serious false allegations by the media and certain organizations concerning the Eland Downs property in Kenya’s Laikipia District that was recently donated to the people of the Republic of Kenya to form the new Laikipia National Park.

To be clear, these news reports are wholly inaccurate and reflect gross and deliberate misinformation, or, at the very least, negligence on the part of the reporters. In addition, the video that has been cited is inaccurate and sensational. AWF formally addressed these inaccuracies but the producers ignored the facts, as the correction did not fit the theme of the documentary.

Reports falsely claim that certain individuals have historically occupied the ranch and thus have rights to remain there.

Eland Downs has been private property in private use since 1960. AWF’s involvement in this piece of land began in 2008, when AWF, with critical assistance from The Nature Conservancy (TNC), formally entered negotiations with the owner, former Kenyan President Daniel Arap Moi, to purchase Eland Downs. Mr. Moi had legally purchased the land from another private landowner, Ol Pejeta Corporation, in 1997. Throughout this time, the land had been fenced, internally and externally, and used intensively for livestock keeping.

In February 2009, a lawsuit, Nanyuki SPMCC No 16 OF 2009 Joseph Lekamario and 66 others -V- AWF, was filed against AWF by the current plaintiffs. These plaintiffs clearly and correctly claimed under oath to be “neighbors” to the land, clearly claimed that they had had a good relationship with the former President as his neighbors, and stipulated that their issue was how the land was to be managed after sale. They wanted to be the sole beneficiary of the intended project to the exclusion of all the other communities residing in the area. This case was dismissed in July 2009, with costs awarded to AWF.

Just three months later, in October 2009, the same plaintiffs—who had previously confirmed under oath to having been neighbors—filed a lawsuit in Kenya’s High Court at Nyeri claiming ownership of the land by adverse possession. It is inconceivable that within three months, the plaintiffs changed from neighbors to so-called owners. In its affidavit to the court, AWF pointed out that it was not the registered owner of the land; therefore, any adverse possession suit would need to be filed against the actual owner. Former President Moi was subsequently enjoined in the suit as the landowner.

The case is still pending before the court but is substantially heard. The court has received clear evidence, even from the plaintiffs themselves, indicating that the plaintiffs have not been living on Eland Downs and that the averments they made in the Nanyuki case were true and correct. The court will determine whether under these circumstances the plaintiffs qualify for adverse possession. What is clear and beyond doubt, however, is that the property at the center of this controversy is not the traditional home of the Samburu people. The Samburu District to the north is their traditional home. The plaintiffs are not even residents of Laikipia District.

Credible reports and evidence exist that one or more wealthy cattle owners are using Samburu pastoralists as shields to try to access grazing lands to which they are not entitled and for political gains. These reports also indicate that these unscrupulous individuals have successfully encouraged the pastoralists to sell their livestock to pay for legal fees under the false premise that they will ultimately obtain ownership of Eland Downs.

As for media reports that have falsely accused AWF of human rights violations related to alleged forced evictions of the plaintiffs from the property, AWF unequivocally condemns the use of violence for any reason. Further, AWF has never and could never have carried out any evictions on the property—private organizations have no authority to orchestrate an eviction. The allegations also beg the question as to how the plaintiffs, who were by their own admission never resident on the property, could have been evicted as they have alleged.

Contrary to the accusations leveled against us, AWF does not support the displacement of indigenous people. Respect for human rights is a core value of our organization, and AWF has an established history of working with local people and communities to find and implement conservation results that benefit both people and wildlife. This tenet is enshrined in our organization’s vision for how we approach conservation. The mission of AWF is to work together with the people of Africa to ensure the wildlife and wild lands of this great continent will endure forever. Empowering Africans to be Africa’s stewards is at the core of AWF’s strategy.

Finally, reports have indicated that 2,000 families have been moved from the land. This would suggest 16,000 people have been moved. These numbers are blatantly incorrect, and there is no evidence or source provided. On 24th November 2010, the court in light of counter-arguments between the plaintiffs and the former President, directed the plaintiffs’ advocates to liaise with the advocates representing the former President to visit the property and establish as a matter of fact whether any of the plaintiffs were living on the property and to subsequently inform the court of their findings. The plaintiffs’ advocates declined to make a visit to the property for this purpose, and the court was duly informed of this refusal.

Recently, title to this land was transferred to Kenya Wildlife Service, with the understanding that the land will eventually be established as a new national park for the good of the Kenyan people. To be named Laikipia National Park and managed by the Kenya Wildlife Service, this national park will be Kenya’s first in some 20 years. We view this not only as a win for conservation, but also as a tremendous benefit for the people of this region and Kenya’s economy.

As mentioned, this court case is still pending before the Kenya’s High Court. As such, AWF, with respect for the law, do not wish to make statements that may contravene sub-judice rule. Given the gross inaccuracies being reported, however, we strongly urge the makers of these reports to refrain from any further reporting on the issues relating to the property until the court case has been determined. In addition, we urge people to seek the facts and not rely on false information.

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About African Wildlife Foundation
Founded in 1961, the African Wildlife Foundation (AWF) is a leading conservation organization focused solely on the African continent. AWF’s programs and conservation strategies are based on sound science and designed to protect both the wild lands and wildlife of Africa and ensure a more sustainable future for Africa’s people. Since its inception, AWF has protected endangered species and land, promoted conservation enterprises that benefit local African communities, and trained hundreds of African nationals in conservation—all to ensure the survival of Africa’s unparalleled wildlife heritage. AWF is a nonprofit organization headquartered in Kenya and registered as a 501(c)(3) in the United States. www.awf.org

Contact:           
African Wildlife Foundation
John Butler
Director of Marketing and Membership
+1 202 939 3333
jbutler@awf.org