A Samburu community’s struggle to hold on to their ancestral land and their grazing rights on a property known as Kabarak Farm or Elan Downs, has taken a turn for the worst.

Following a recent court decision to block the creation of a new national park that would envelop the community’s land, on November 25, 2011, more than 300 police officers went to the community, killed at least one Samburu elder and confiscated as many as 10,000 of their cattle, goats and sheep.

A report by Samburu Indigenous Minority Rights Group provides details on the police attack. In Summary:

• On 25th November 2011, police used ten trucks and ten Land rovers to round up the Samburus’ cattle in the grazing fields. The cattle were herded by foot and trucks and impounded. Some of them were later slaughtered and feasted upon by the police. Our source told Samburu Indigenous Minority Rights Group that a Senior Government Official ordered the police to confiscate the animals.
• That night, homes were deserted; women, elders, children and young people spend night in the bush under heavy rains in fear of a police attack. The nest morning, on 26th November 2011, the police attacked Homes where they harassed, beat and intimidated the residents.
• One man was found, dead; Mzee Lelekina 56 year old with his body riddled with bullet wounds at the Segera farm, more than 30KM away from his home, where he was taken on the morning of 24th November 2011. Two others, Mzee Lekitacharan and Mzee Lenchordo, were beaten to near death and sent to the Nanyuki Police Station with no access to medical treatment.
• In the two days after the initial attacks, the assault spread to other villages at the Pois Robo area; fear and tension has gripped the area as many residents ran away from their homes in fear of cold blood killings, rape and harassment by police.
• The home of the widow of Mzee Lelekina was deserted as a result of the trauma and fear of a cold killing as a way to conceal evidence. She is the only key witness in the execution of her husband by the police.

Government officials later claimed that “the operation was in response to a raid that led to death of two policemen; even though no one knows who killed the policemen”, says Samburu Indigenous Minority Rights Group.

The police seizing the Samburu’s animals on November 25, 2011 The Samburu, who insist that they had nothing to do with the raid or the two deaths, believe the police operation was really meant to ‘punish’ the community for taking former President Daniel arap Moi to court.

The former president previously sold the Elan Downs property to the African Wildlife Foundation, which led to the forced eviction of hundreds of Samburu families.

In their response, “The Samburu initiated legal proceedings against the former president and the African Wildlife Foundation, claiming their right to the land,” explains Cultural Survival. “The judge in the case declared that the status quo should be maintained, with the Samburu continuing their occupancy in the property, until the court reaches a decision.”

“Despite this ruling,” Cultural Survival continues, “the Kenya Wildlife Service announced that the property had been donated to the government by the Africa Wildlife Foundation and [the U.S.-based] Nature Conservancy and would become a new Laikipia National Park. Members of Parliament questioned the Minister for Forestry and Wildlife, Dr. Noah Wekesa, about the establishment of the National Park during a Parliament session on November 22, and Dr. Wekesa agreed that the establishment of the Park would be put on hold until the court announces its decision. The Kenya Wildlife Service was also enjoined in the case, along with former president Moi and the African Wildlife Foundation. This was the situation when, on November 23, unknown raiders shot and killed two Kenya police who were camped at the Elan Downs property.”

The Samburu community is now demanding the release of all their confiscated animals; compensation for the animals that were slaughtered or lost during the police operation; an independent investigation into the police attack; an investigation into the police killing of Mzee Lelekina; and resettlement of the Samburu people on the Elan Downs property, pending a decision of the court on their claim to the property.