Kenyan court

In response to claims of mistreatment by the Kenyan government, over 10,000 Luos are requesting a referendum that would allow their ethnicity to withdraw from Kenya and establish their own nation.

The applicants from the Luo community, led by Ojijo Ogillo Mark Parscal, have filed a complaint with the Milimani High Court, asking the court to make orders requiring the government, through Attorney General Justin Muturi, to arrange for a referendum to allow Luos to leave Kenya.

One of the orders they request states, "That the court has directed the petitioner (the Attorney General) to arrange for an election to be held for Luos to defect from the state of Kenya and establish their own state."

Through Ojijo, the over 10,000 petitioners ask for a referendum on a number of grounds, notably that the Attorney General (the respondent) has repeatedly harassed, tortured, and discriminated against the Luos.

"In accordance with Article 20 of the African Charter on Human and People's Rights, which was enacted in Nairobi, Kenya, in 1981 and came into effect in 1986, we, the Luos of Kenya, therefore submit an application with the African Commission on Human and People's Rights in Banjul, Gambia, the UN Office on Human Rights, the East African Court, and the High Court of Kenya to have our human rights to self-determination and the establishment of our own state," as specified in writings.

"Luos have been relentlessly profiled, hated, abused, under threat, mistreated, and tormented for over 103 years since the colonialists declared Kenya a colony in 1920, and up to 60 years after independence."

To hasten what he refers to as the community's effort to establish its own state, Ojijo requests that the court designate the case as urgent.

The applicants assert that ethnic profiling, discrimination, lack of growth and development, and bullying will persist unless the issue is swiftly resolved and that these actions would prejudice, injure, and restrict the applicants' right to self-determination.

The petitioners contend that previous and present political administrations have fostered an atmosphere of irresponsibility through allegedly stolen elections, preventing Luos from taking charge and developing commercially.

The Luos should be allowed to exercise their fundamental right to autonomy, according to Ojijo.

According to him, everyone has the right to self-determination, including in terms of politics, territory, and livelihood.

"The freedom of self-determination encompasses Luo rights that allow them to independently pursue their economic, social, and economic development, ideally through democratic governance," he claims.

The petitioners also ask that the community be allowed to break away from Kenya, arguing that to do otherwise would amount to torture and colonialism, forcing the Luo people to become members of a group they do not wish to be a part of.

The petitioners claim that if the Luos are denied the right to self-determination by nonviolent methods, they may be forced to use violent tactics to achieve their independence, which might result in the loss of life and property.

Additionally, they ask for orders prohibiting the state from meddling with their intentions to engage in self-determination events.

On behalf of the 10,000 petitioners, Ojijo requests that "an order be handed down to the respondent (AG) to give the person seeking a date of commencing the self-determination deliberations within the state of Kenya."

A hearing on the matter has been scheduled but is still pending for more clarifications.

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