Copyright 2001 The Nation (Nairobi)
October 29, 2001
By Odhiambo Orlale and Muniu Riunge 

A motion to discuss the controversial decision by the government to annex 37,000 acres of forest land is schedule to be moved in Parliament this week.

Imenti Central MP Gitobu Imanyara (Ford Kenya) yesterday said he had been assured by House Speaker Francis ole Kaparo that the motion would be allocated 30 minutes this Thursday.

Mr Imanyara was confident that when the motion comes up for debate in the House, his colleagues would support him in the proposal to censure the Government over the decision.

He recalled that when he raised a question in Parliament last week over the hiving and selling of plots in a forest in his area by senior officers in the provincial administration and in the forest department, he received an unsatisfactory answer.

Meanwhile, the Ogiek community plans to sue the Government over the planned excision of more than 35,000 hectares of the Mau forest.

They have given Environment and Natural Resources Minister Katana Ngala, through Nairobi lawyer Kathurima M'Inoti, a seven-day notice to rescind the decision to degazette the forest.

The Ogieks say that any excision or alienation of parts of East Mau Forest would be a blatant violation of High Court orders, and by extension contempt of court.

Mr M'Inoti has also sent Mr Ngala a copy of a court order issued on October 15,1997 that reads in part: "...that there shall be no further allocation of the suit land until the issues in dispute are resolved in court."

He further reminds the minister that when last February 16 the ministry published gazette notice No 889 indicating its intention to excise 35,301 hectares of the forest, the Ogieks went to court and the excision was halted last March 15.

"The order halting the hiving-off parts of the Mau forest," Mr Kathurima wrote, "is still in force and has not been vacated or appealed from."

The Government last week issued a legal notice of intention to excise more than 170,000 acres of public forests for private use. It was signed by Mr Ngala on October 8.

The land is in 13 forests and totals nearly 70,000 hectares (170,000 acres).

The forests to be cut up include Mt Kenya, Kapsaret and Naboki in Uasin Gishu, Eastern Mau, Mt Londiani and Molo in Nakuru, South Nandi and Northern Tinderet in Nandi, South Eastern and Western Mau, surrounded by Kericho, Bomet and Nakuru, Marmanet in Laikipia, and Nakuru and Western Mau in Kericho.

Another 37,500 acres in another 10 forests around the country will be lost, according to a document made available to the Nation.

The document is signed by the acting Chief Conservator of Forests, Mr J.M. Mutie and justifies the planned excision.

The reasons range from expansion of schools to settlement of tribal clash victims and the Ogiek community.

At least two of the forests will lose more than 10,000 acres. Error: Unable to read footer file.