Nairobi's Ruaraka area is once again at the center of a heated land dispute, but this time, the intervention comes directly from the highest office. During his inspection of the Climate Worx programme in Ruaraka on Thursday, President William Ruto waded into the contentious issue of the Baba Dogo grounds, issuing a firm directive that has sent ripples through both the local community and legal circles. His order for the immediate withdrawal of police officers from the contested site and a halt to construction by Kenafric Industries marks a significant presidential intervention in a long-standing land ownership battle.
A President's Promise: Land for the People
Addressing residents, President Ruto unequivocally declared his stance on the Baba Dogo grounds, a vital sports hub that has nurtured talents like Harambee Stars captain Michael Olunga. "I hear that there are police officers present in that field. I am giving a directive that the police officers must leave the field immediately. They should vacate the area because that field belongs to the citizens," he stated. Emphasizing the urgency, he added, "This is not something to be done tomorrow; the police must leave now. The field is the rightful property of the people, and we have agreed to develop it for their benefit."
This directive brings immense relief to the residents of Baba Dogo, Lucky Summer, and Korogocho, who have been locked in a tense standoff with Kenafric Industries. For years, this playground has been a cornerstone of community life, providing crucial recreational space and fostering local talent. The President's direct intervention signals a clear commitment to prioritize community land rights, a move that resonates deeply with the affected residents.
The Elephant in the Room: A Court Ruling in Favor of Kenafric
However, President Ruto's directive introduces a significant legal complexity that immediately raises questions about the separation of powers in Kenya's governance. The provided information clearly states that the Environment and Land Court, in case E093 of 2023, ruled in favour of Kenafric Industries in 2023, granting the company eviction rights. This ruling occurred after the defendants, presumably the residents or their representatives, failed to file a response. Furthermore, the court specifically directed Ruaraka Police Station to assist with enforcing that eviction.
This brings us to a crucial constitutional question: Can the President overturn a ruling that has been made by a court of law? In Kenya, the judiciary operates as an independent arm of government, and its rulings are generally binding. The principle of the separation of powers dictates that the executive, led by the President, should respect judicial decisions. While the President has significant executive authority and can influence policy and resource allocation, directly overturning a court order is generally beyond the scope of his constitutional powers. Doing so could be interpreted as undermining the rule of law and judicial independence.
Past instances have shown tensions between the executive and judiciary in Kenya, particularly when court rulings challenge government initiatives or pronouncements. However, the constitutional framework emphasizes that all three branches of government – the executive, legislature, and judiciary – derive their power from the people and must exercise it within the bounds of the Constitution. Court orders are meant to be obeyed by all, including the highest offices.
A History of Conflict: Kenafric's Claim and Community Resistance
This current standoff is not an isolated incident. The dispute over the Baba Dogo grounds has a contentious history. Kenafric Industries maintains that it is the lawful and registered owner of the land, identified as land reference number 336/109. Last month, the company released a statement denying accusations of land grabbing after clashes erupted between residents and police over the attempted repossession of the site.
Back in 2022, Kenafric had even issued a gazette notice giving residents three months to vacate the premises. That move, however, was successfully halted by strong public protests and political intervention, ultimately leading to the court battle that culminated in the 2023 ruling in Kenafric's favor.
President Ruto's latest directive appears to set the stage for a constitutional showdown or, at the very least, a complex legal maneuver to reconcile his promise to the residents with the existing court judgment. While his intention to return the vital public space to the community is undoubtedly popular, the method of achieving this will be closely scrutinized for its adherence to the rule of law and the fundamental principle of judicial independence. The resolution of this Baba Dogo saga will be a significant test of how land disputes involving powerful entities and public interest are navigated within Kenya's constitutional framework.
What are your thoughts on President Ruto's directive regarding the Baba Dogo grounds in light of the court ruling? Share your perspective on this complex issue below.
