Wed. Oct 23rd, 2019

County Post

Accurate and Clear

WHO WILL HEAR THE CRIES OF CHILDREN OF MAU?

3 min read

By Frida Chausiku

The Government of Kenya issued a 60- day notice before conducting the Phase 2 Mau evictions that will be chaired by Rift Valley Regional Commissioner George Natembeya. The question that many ask and is still unanswered is WHAT IS THE FATE OF THE CHILDREN OF MAU?

 The Children of Mau are a vulnerable lot whose dreams, future, desires, rights and general wellbeing is at stake. In less than 60 days, if the people of Mau are evicted, about 15, 000 children in Mau will be homeless, displaced, destitute and desperate while the government that purports to protect children will be watching. Out of these children, about 10,000 of them are school-going and expect to resume learning next week just like other children in other parts of the country. Unfortunately, 15 schools have been closed as at now. Even after being neglected for a long time, some of the pupils have beat the odds and made their way through to Standard 8 only not to be registered for their Kenya Certificate of Primary Education (K.C.P.E) Examinations as they have been denied their right to a name and nationality (as provided under Article 53(1) (a) of the Constitution of Kenya, 2010), having not been issued with their Birth certificates.

These children who, desiring to be treated equally to other children in the world, do not deserve what is yet to be served to them. They deserve Justice and immediate justice as justice delayed is justice denied. Human rights being inalienable, indivisible interrelated and inherent, the children of Mau are fully entitled to enjoy them without any limitation whatsoever. Just like every other person, the children of Mau have the right to equal protection and equal benefit of the law as envisaged under Article 27 of the Constitution, 2010.

 The Government of Kenya, by ratifying several international instruments aimed at protecting children, undertook to recognize, respect, uphold  protect and promote the rights of children so as to preserve their dignity and that of communities and also to promote social justice for the realization of their potential. The coming Mau eviction will go down in history as one of the biggest acts  contravening the African Charter on the Rights and Welfare of the Child(ACRWC), United Nations Charter on the Rights of the Child (CRC), The Constitution of Kenya, 2010, and the Children’s Act, 2001 the amongst many other laws.

Article 53(2) of the Constitution of Kenya, 2010, provides that for very matter concerning the child, the interest of that child is of paramount importance. The government of Kenya, ought to be clear on the plans that it has for the 15,000 children in Mau in the upcoming phase 2 Mau evictions. The interests of the children are of paramount importance in every decision that will be made as regards to the looming evictions.  Either, all the stakeholders in the education, health internal security and all the other relevant sectors are called upon to condemn the injustices that are about to be meted to the children of Mau.

It is so sad that these are the same communities who have previously faced a myriad of historical injustices having been evicted and  displaced by the colonialists from their ancestral land which is the current Tea Estates occupied by the British Multi National Tea companies in Kericho and Bomet Counties. Upon trying to settle and recollect their Right to dignity as human beings, the same government that they expected to protect their rights by ensuring that they regain their land from the colonialists is evicting them. As other children are building their future and actualizing their dreams, the children of Mau will watch their homes and schools torched down to ashes.

The remaining few days before the eviction is a time enough for  the decision makers and opinion shapers of this country to think about the Rights of the children of Mau which are at stake. Furthermore, the realization and protection of the rights of these children do not require much resources. Everyone has an obligation to ensure that no child suffers. In the least of the ways you can, it’s a call to everyone to come out and condemn the injustices yet to be meted on the children of Mau.

#SAVE THE CHILDREN OF MAU

The Author is a lawyer based in Nairobi

20 thoughts on “WHO WILL HEAR THE CRIES OF CHILDREN OF MAU?

  1. This is indeed very sad. Looks like laws in this country are only meant for the dynasties. May the good Lord listen to cries of the children of Mau.

  2. The rights of every individual should be protected as far as constitution is concern. As enshrine in the law and the same should be applied. As of now the whole matter has been politicized. The leaders of Rift Valley should not use this as a political mileage but to show the humanitarian in them.

    1. I am impressed by your emphasis on protection of Children Rights. More so, my impression has been drawn further to the fact that you are not opposed to the protection of Mau.

      The Constitution of Kenya under the bill of rights guards both Children rights and rights necessary for sustaining a safe environment for both present and future generations.

      In this case, the state is faced by a myriad of human rights to protect. It is therefore upon it to take time to plan critically, and implement all processes in a manner that upholds, protects and guards human rights as stipulated in our mother law and other related treaties.

      Thanks Wakili, I know you are watching and ready to meet any deliberate offenders, as regards the matter, in court.

  3. Ah , Jeez, it hurting to be in a country where the government does not only makes laws but also violates them. Eviction of children from school without alternative place to shelter is not only unlawful but a violation of the fundamental right to inherent human dignity and fundamental right to children guaranteed in Article 53 of the constitution

  4. It is so sad to be a country where the government not only make laws but also violates them.
    Eviction of mau children from school without an alternative land to shelter is not only unlawful but amounts to previous violation of the fundamental right to inherent human dignity, security of person and violation of the fundamental rights of children guaranteed by Article 53 of the constitution.

    1. Nothing hurt the most than to see young children being denied their right to education..and eviction done in inhumane way.can the government find alternative solution to this endless mau eviction?can there be justice for legaly owned farm tittles? Who gave them the so called paper tittles…
      The same government that make laws are at high gear violating it…
      # Justice for mau residents

  5. I am impressed by your emphasis on protection of Children Rights. More so, my impression has been drawn further to the fact that you are not opposed to the protection of Mau.

    The Constitution of Kenya under the bill of rights guards both Children rights and rights necessary for sustaining a safe environment for both present and future generations.

    In this case, the state is faced by a myriad of human rights to protect. It is therefore upon it to take time to plan critically, and implement all processes in a manner that upholds, protects and guards human rights as stipulated in our mother law and other related treaties.

    Thanks Wakili, I know you are watching and ready to meet any deliberate offenders, as regards the matter, in court.

  6. Nothing hurt the most than to see young children being denied their right to education..and eviction done in inhumane way.can the government find alternative solution to this endless mau eviction?can there be justice for legaly owned farm tittles? Who gave them the so called paper tittles…
    The same government that make laws are at high gear violating it…
    # Justice for mau residents

  7. The two recent born brothers are sacrificing innocent life’s for their own political agenda. We will buy their political agenda, they may evict us but we will be back again to mau.

    Mau forest is different from mau homeland.

  8. The author, who is a lawyer of great standing has made a water tight case for the the innocent children in the Mau fiasco.
    Eviction of people with bona-fide title is a violation of a right to property under Article 40. A history of demarcations of the Mau complex has it that the said people have genuine titles,, the government has even acknowledged that through provision of social amenities in the area, the building of schools, the setting up of provincial administration in the areas, among other things, created a legitimate expectation to the people that they enjoy a good title to land and they can go on with their daily lives undisturbed.
    The only resort the government can have if it considers their further presence in the area as inimical to environmental conservation, then they can do compulsory acquisition which the law has provided the right way of doing.
    Whats happening is a grave violation of of the serious of human rights.

  9. It is quite unfortunate, it is the same government with the same administration who issued title deed to the mau settlers, it is the same government who are preaching cohesion and equality through what they call handshake. Kalenjin and particularly, the kipsigis community know to conserve the environment, there is no homestead which has never planted trees, that mean we are 100% in support of mau conservation, but why is it use for political wars, I heard of mau issue when I was a boy now I’m come of age, why is the government still where they where 20 years ago, is this building bridge Mr President and The Right Honorable Raila Odinga? If the children of mau will not be protect, what does the government stands for, MAU CHILDREN LIFE MATTERS LETS PROTECT OUR CHILDREN.

  10. The political class will take advantage of them and within a few days , The people from MAU will be ousted and forgotten .
    #MauEvictions

  11. Great piece.
    The situation at MAU is unfortunate and one that is founded in dishonestly.
    Political connivance seems to be the main mischief disguised in the name of environmental protection.
    While conservation of the Mau is an issue that cannot be overlooked, as a country we are not short of ideas of how best to approach it without unnecessarily creating a humanitarian crisis especially one that involves vulnerable groups like children and women.

  12. Mau eviction is coinned to bring hatred and is politically instigated. Our leaders must know that hatred is corrosive of a person’s wisdom and conscience; the mentality of enmity that is being cultivated by our politicians in this country can poison a nation’s spirit, instigate brutal life and death struggles, destroy a society’s tolerance and humanity, and block a nation’s progress to freedom and democracy. Mau people have the right to freedom and property ownership as well as their children who equally have rights to education, accesss to shelter, food and water. In regards to the eviction the government Must consider the blight of this people and ressetlemen should be given a priority rather than inhumane eviction.
    Jausiku it’s a tall order for you and your associates as lawyers and other people of good will to champion for the rights of this vulnerable group of people living in Mau.

  13. The lives of the children of Mau matter. Thanks for speaking for the voiceless. The greatest societal responsibility even in the traditional setup is to protect the children, and as you’ve brought it out clearly, the 2010 Constitution also emphasises on the same.
    It is sad that the same government that put up and funded the primary schools is the same government closing down these schools, thereby shutting down the dreams of better lived of the thousands of children whose only redemption from poverty is education.
    This Mau issue should be sorted in sobriety, without politicizing the lives of the future leaders.
    They are human, and human dignity must be upheld.
    This is a masterpiece Wakili

  14. Another question is, who owns the 15 schools in mau forest?
    The government?
    Individuals?
    And if it’s individuals, who approved all the necessary documents required for a school set up.
    The government is failing its people.

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