Archive 2001

Confusion as Kenyan High Court stops forest excision
by John Kamau, Rights Features Service

(March 15, 2001) A Kenyan High Court today stopped the intended excision of Kenya forests but Minister for Environment Francis Nyenze announced that the excision would go ahead as planned.

And as the intended notice to cut down Kenyan forests ends today, there was confusion on whether the government would abide by the court decision.

A huge part of the land to be given out is in Mau Forest, where the Ogiek indigenous community live. The Ogiek now fear that the loss of their ancestral land will lead to loss of culture and they may be "swallowed" by invading communities.

Last night, the minister went on Nation TV to defend the annexation and dismissed the signatures collected by leading environmentalist Prof. Wangari Maathai as "forgery." The environmentalists has vowed to gather more signatures.

The minister says that the land targeted for excision is already settled and what the government was doing was to formalize the settlements. But this was shot down by the Chairman of Conservation Committee of the East African Wildlife Society, Sam Mwale, who told the minister that only 15 percent of Mau Forest is settled yet he wants to cut down 70 percent of the forest.

"We have carried aerial survey and we have the facts," said Mwale. "Settlement is not a reason, but an excuse.

Meanwhile, the government today marshalled armed troops who guarded surveyors in Central Kenya's Hombe Forest, where locals have vowed to stop the destruction of a section of the Mt. Kenya forest, which has also been targeted.

This was quickly seen as a pointer that the battle to save Kenya forests is far from being won.

In a statement read by minister Nyenze today, the government insisted that it was its policy to settle the landless.

However, environmentalists here argue that the plot is not to settle the landless but to give out land to politically correct individuals.

"What we are witnessing is pure politics," says Davinder Lamba of Mazingira Institute, an environmental lobby group.

Already there is intense controversy on the Maasai Mau after local politicians awarded themselves 100 acres each of the Mau Forest. Local papers have been reporting that the land in question was given out long time ago to tycoons who already have title deeds.

"Let the government show us the list of squatters to be settled," protested Maathai.

It is not clear whether the surveyors deployed to the forests will be removed tomorrow after the High Court order is served on the government, but environmentalists here today voiced concern about the minister's sentiments and arrogance.

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BBC

The land on Mount Kenya's slopes is very fertile

A High Court in western Kenya has granted an injunction to prevent the government from handing over protected forest lands to individual Kenyans.

The court in Eldoret made the order after being petitioned by a small human rights group.

Environmental campaigners have condemned government plans to take over 14 forests on the slopes of Mount Kenya - an area of more than 160,000 acres.

They say the area, which represents one tenth of all Kenya's forests, has already been devastated by illegal logging, and any further disruption will have a serious impact on a vital water-catchment area.

Squatters

Correspondents say these groups fear the government may try to use the land to buy support in the run-up to elections next year.

Tthe government says it is simply trying to tidy up the forest boundaries, and that much of the land is already being lived on.

Centre For Human Rights and Democracy Lawyer Ken Wafula described some of the wealthy individuals on the land as "Pajero squatters".

He said he was pleasantly surprised at the court decision - but he believed the struggle was not over.

He said it was a human rights issue - for many Kenyans around Mount Kenya could suffer and even starve if the handover of forest went ahead.

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