Carve-Up of Forests Can Go Ahead, Court Rules
Copyright 2001 The Nation (Nairobi)
October 5, 2001
The Government can go ahead with plans to hive off more than 167,000 acres of forest land at the centre of a controversy earlier this year.
The High Court, sitting in Eldoret, dismissed an application by environmental lawyer Nixon Sifuna seeking to block a February 16 notice in the Kenya Gazette on the excision of 12 forests.
They are Eastern Mau, South Western Mau, Western Mau, Nakuru, Nabkoi, Mt Kenya, Marmanet, Northern Tinderet, Mt Londiani, South Nandi, Molo and Kapsabet.
Mr Justice Omondi Tunya delivered the ruling on behalf of Lady Justice Roselyne Nambuye, who has been transferred to Machakos.
The judge dismissed Mr Sifuna's suit on the grounds that it was an improper application. Former Environment Minister Francis Nyenze and Lands Commissioner Sammy Mwaita were named as first and second respondents.
The proposed National Environment Council was cited as an interested party. Mr Sifuna wanted Mr Nyenze compelled to appoint a director-general of the council and embark on implementing the Environment Coordination Act of 1999.
Mr Sifuna wanted the minister barred from allocating land in any of the forests. He also wanted the court to order Mr Mwaita not to register any allocations or issue title deeds.
The State countered that Mr Sifuna had not complied with legal rules.
During the hearing, he also reportedly presented facts different from those he had initially presented to the court.
Besides, State Counsels Valerie Onyango and Muthoni Kimani argued, the National Environmental Council had yet to be established.
Justice Nambuye said the case had generated a great deal of public interest, but there was no excuse for not following the laid down procedures.
The government's plans to excise the forests provoked public outcry. Thousands of signatures were collected in a petition presented to Mr Nyenze.
Spearheaded by Prof Wangari Maathai and other environmental activists, the petition urged the Government to reconsider its decision. Mr Nyenze was, however, adamant that the excision would continue.