Charlotte's Letter

Dear Isiolo, 

It's so unfathomable how the law is meant to be a unifying force in Kenya, but it often fails to illuminate all corners of society equally. Without playing the blame game, it is undeniable that there is a gap. Imagine, the sky, an irrefutable truth that stretches far across the skies of Kenya, given it is constant, it should exude the same serene hue. Yet, the sky is not so blue for some marginalized communities such as those in Burat and Laparua wards in Isiolo county. Instead, it is clouded by injustice, cries that fall on deaf ears, neglect and overshadowed by a dark grey cloud of ignorance of rights. The 7-hour trek to the hot, humid and dusty 25,700 square kilometres of County 011 was one of eagerness and a thirst to serve and interact with the law in practice. However, I was not ready for the instant humid wave of injustices faced by the communities. This letter questions why the courts are not addressing these issues or, if they are, why are people still crying for justice. It also expresses my thoughts and frustration about the situation. While in Leparua, the community members sang the same song of despair. They complained of an unknown man from Europe who took part of their land and blocked the main road they used to reach Isiolo. Additionally, the military and ‘Isolo Land Users Holding Company’ have taken the land they once called home and in turn forced them to either shift or buy more time by bribing the officials. In some unfortunate circumstances, the animals from the conservancy would escape and cause injuries to the communities

 The community members complained how the nearest resort for help was the Chief who even then, constantly neglected their cries and thus were left to miserably deal with the issues alone. They would have to fight tooth and nail against the Samburu cattle rustlers who would steal their cattle and belongings. The nearest legal aid they would get was in Isiolo town which was kilometres away. Perhaps this was made even further because the main road was blocked. Furthermore, while in Burat ward, the frustrated women mourned the death of their parents and children who passed on during the ‘weapon testing’ by the military. Even more saddening, was a trip to collect firewood in the forest that led to the demise of their loved ones.Unfortunately, the insecurity and lack of response to these grievous issues is continuously being curtailed. The perpetrators of these crimes take advantage of the fact that the members are not aware of their rights

I was very privileged to have been part of this cause. A cause that is at the core of humanity by reaching out to marginalized communities educating them on their rights and even taking up their cases on a pro bono basis. My heart goes out to the crying women and the anxious men who never know if they will still get to have a home in 3 years or even 3 weeks to come. What is the court's involvement in all these blatant violations of human rights? Why aren't there measures being put in place to ensure the communities whose land has been taken by the military or foreigners have been compensated in line with Article 40 of the Constitution? The courts seem to have failed the members in Leparu and Burat ward. Even when reached out to, a flimsy bribe from the chief through the police is enough to dismiss the case and let the perpetrators go. During our lecture and tour of Lewa Conservancy, we got to ask questions based on the concerns of the members of the community. We found out that the conservancy plays a huge role in taking care of the community such as establishing more than 20 schools that have aided in giving education to the children from Kindergarten to Form Four. Additionally, they have fitted screens in their laboratories that have inbuilt apparatus resulting in a streamlined learning process. They also have a programme that responds to any medical cases brought about by animal attacks as well as hospitals that aid in their health. While this is the case, it was noted that the community already sees them as the enemy and thus are hesitant to use their aid. Additionally, since they still submit to their traditional ways of living, they rarely accept help even from the foreigners who visit them. Dear Isiolo, my heart goes out to you. All the loved ones lost and the silent and endless cries for justice. It is very unfortunate that were it not for the trip we took to the North, we would have been very oblivious to the atrocities you face such as land matters, gender-based violence, cattle rustling, and ethnic clashes among others. Now that we are fully aware, as a Clinic, we promise to make the sky blue on your side of the country. That visit was not the end. We will keenly follow up on the ongoing cases and take up new cases that will deliver justice right to your doorstep. In this quest, we will ensure that you get compensation where it's due. However, I don't cry in pity knowing very well that we armed you with a breakdown of your rights and now with this powerful tool, the Constitution will allow you to fight for your rights and stand up for what is yours. The fight continues. 

Viva!