Court Rejects Suit Seeking Independent State for Luos

The High Court has dismissed a lawsuit filed by Ojijo Mark Pascal who sought to have Luos allowed to create their own independent state and govern themselves. 

On Friday, Justice Lawrence Mugambi ruled that the suit was improperly filed and that Ojijo must follow the constitutional petition process. Mugambi said the lawsuit was struck out immediately because it was a plaint rather than a constitutional Petition. Ojijo, claiming to represent 10,000 Luos,  filed for a legal mandate which would compel the State to arrange a referendum, giving the Luos an opportunity to set up an independent state.

"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,” said Mugambi. 

Ojijo identifies himself as a Luo presidential candidate and believes secession is not a crime in Kenya. He alleges that the state has used excessive force against Luos during demonstrations, and it is time for Luos to chart their own course as a people who believe in change. The state has been accused of using the law and media to depict the Luo community as violent and opposed to development, according to court papers filed by activist Ojijio. 

"My constitutional right to political, social, cultural and economic development has been restricted by the state. The State has also used the law and media to paint Luo’s as evil, against development and violent," he said.

He warns that unless the issue is resolved, discrimination and harassment will persist, denying him and his community the right to self-determination. Ojijio is seeking an order from the court to prevent the state from impeding his self-determination efforts.