Amadi Mugasia
23 April 2002
The Government was yesterday blocked from excising forests country-wide pending the hearing of a suit challenging the decision.
The temporary order halting the excision was issued by Nairobi Judge, Justice Richard Kuloba, who further stayed any further issuance of titles relating to the disputed forest lands. He ordered that the ruling be published in three local dailies, East African Standard, Daily Nation and Kenya Times at least once.
The judge also ordered that the contentious suit be served on the Minister for Environment and other top Government officers.
The order followed an application by Kenya Alliance of Residents Associations, East African Wildlife Society, Environmental Liaison Centre, a postgraduate student, James Aucha Akim and Lumumba Odenda.
The applicants want to block the Minister for Environment, Commissioner of Lands, Chief Lands Registrar, Principal Registrar of Titles, Director of Physical Planning and Director of Survey be barred from altering boundaries of various forests in the country.
The order by the Minister for alteration was made last October 19 and affected Kapsaret, Nabkoi, Eastern Mau, South Nandi, Mt Londiani, Molo, Northern Tinderet, Mt Kenya, South Eastern and Western Mau and Marmanet forests.
Leading the onslaught, a leading constitutional lawyer, Mr Stephen Mwenesi, told the court that the continued excision of forest cover in the country will have a devastating effect on the economy, climate, the social well-being and security of the country.
He said members of public were utterly opposed to these detrimental actions and were demanding the same be halted forthwith.
"Applicants insist that the forests are on trust land... but the Government, which is expected to protect them has continued to excise them."
Saying this raises pertinent constitutional matters relating to forests and it should be resolved by the court at once, Mwenesi emphasised that the constitution is explicitly clear that the forests are on trust lands. He lamented that prior to the Minister's order, the forest land had been allocated and titles issued.
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