{UAH} High Court asked to order Ugandans out of Migingo Island
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High Court asked to order Ugandans out of Migingo Island
TUESDAY JANUARY 17 2017
Migingo Island as it stands in the middle of Lake Victoria. Kenyan traders and fishermen want High Court to order Ugandan soldiers out of the disputed Island. PHOTO | ELISHA OTIENO | NATION MEDIA GROUP
More than 1,000 Kenyan traders and fishermen have resorted to legal action to have Ugandan soldiers forced out of the disputed Migingo Island in Lake Victoria.
They argue that concerned government security agencies have for years failed to take action despite having received reliable information from them regarding the violation of human rights by the foreign soldiers.
They want the court to order the responsible government department to issue a declaration that the Uganda security personnel were 'personae non grata' (unwanted) on the island.
Dr Dan Durell Alila, on behalf of the 1008 traders and fishermen, claims in court papers that the residents have suffered and continue to suffer under the unlawful and oppressive activities of the Uganda security personnel .
"All this has been happening while the Kenyan security agencies have elected to remain inactive, passive and unconcerned. The said unlawful and oppressive activities have been in force since 2004 with devastating economic impact on the lives of the marginalised complainants and the general public," Dr Alila argues.
Those sued include the National Security Council, the Defence Council, Kenya Defence Forces, Ministry of Defence, Ministry of Interior, Director of Public Prosecutions and Attorney General.
The victims are seeking a declaration that the Kenyan security agencies failed to protect their rights which are enshrined in the Constitution. They also want to be compensated for the losses they have incurred.
The activities have also driven many into a state of desperation, destitution and great suffering.
FAILED TO PROTECT WOMEN
Dr Alila states that the government security agencies breached their constitutional obligation by failing to protect women who were arrested by the Uganda security personnel, raped, and subjected to degrading treatment including corporal punishment, at a time when they were trading at the Island.
The 154 women, who were regular traders, were also deprived of their fish, money and other property with impunity, on various dates since the Ugandan soldiers were deployed to the island by their government.
The petitioner added that in the period between 2010 and 2015, the Kenyan government security agencies also failed in their constitutional obligation to protect the citizens when they ignored complaints by 854 fishermen who reported they were being harassed by the Ugandan security personnel.
The fishermen were allegedly arrested, tortured, harassed, subjected to degrading treatment including punishment and deprived of their boats, engines, fishing gear and money, all done with impunity while the Kenyan government ignored their complaints.
The fishermen were mostly arrested by Uganda security personnel while fishing in Lake Victoria between Migingo Island and Muhuru Bay on diverse dates.
"No intervention came forth from Kenyan administrators and security officers at Migingo Island where the incidents took place and were reported," Dr Alila in the court papers.
The petitioner was directed to serve the respondents with the court papers ahead of hearing on January 24.
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