Petition To Form Independent Luo Republic Dismissed By High Court

• Justice Lawrence Mugambi ruled that the suit filed by Ojijo Mark Pascal was filed incorrectly, lacking compliance with the constitutional petition procedures
• The High Court judge explained that Ojijo's petition was filed as a plaint, not as a constitutional petition as required
• Over 10,000 members of the Luo community filed the suit to compel the government to call for a referendum for secession, claiming that they faced discrimination

Nairobi - The High Court has dismissed a petition seeking to allow the ethnic Luo community to form their republic.

In his ruling on Friday, August 11, Justice Lawrence Mugambi said the suit by Ojijo Mark Pascal was filed wrongly.

Mugambi said Ojijo had failed to comply with the procedures for filing constitutional petitions under the 2010 Constitution.

He explained that Ojijo's petition was filed as a way of a plaint instead of a constitutional petition.

"I have read the notice of motion together with the certificate of urgency and note this suit is commenced by way of a Plaint rather than a constitutional Petition and is therefore struck out forthwith," Mugambi ruled.

Why petitioners want to leave Kenya

In the suit filed at Milimani Law Courts in Nairobi, over 10,000 members of the Luo community asked the court to compel the government to urgently call for a referendum to enable them to leave Kenya, citing discrimination from the government.

"Luos have consistently been profiled, hated, abused, threatened, tortured, and harassed,” the court documents read in part.

Ojijo wanted the court to certify the application as urgent to expedite what he described as the community’s quest to form its state.

"Unless the matter is addressed urgently, the ethnic profiling, discrimination, lack of development, and harassment, shall continue and these shall prejudice, harm and limit the applicant's submission to self-determination," the applicants say.

They further sought orders barring the government from interfering with their plans to practice self-determination activities.

Kenya has dealt with various separatists since independence, with the Mombasa Republican Council (MRC) being one of the secession movements that sought to have the Coastal region break away from Kenya.

Kenya recognises Pemba community

In a related story, TUKO.co.ke reported that members of the Pemba community lined up at the Karisa Maitha Grounds to receive their identification documents, including birth certificates and identity cards.

On Friday, July 28, over 9000 people were issued vital documents following Kenya’s decision to end statelessness for the Pemba people.

During Kenya's 59th Jamhuri Day national celebrations on Monday, December 12 2022, President William Ruto announced that his administration would initiate modalities to recognise the Pemba people as Kenyans.

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Luo Nyanza.

Petition to Form Independent Luo Republic Dismissed by High Court - Tuko.co.ke

Petition to Form Independent Luo Republic Dismissed by High Court - Tuko.co.ke