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Kenya: Ignore Warmongers On the Mau
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The Nation (Nairobi)
OPINION
23 July 2008
Posted to the web 23 July 2008
Josephine Kuluo
Nairobi
I had the privillege of attending the Stakeholders Forum on the Mau Forest at the KICC and like every right thinking participant, I was appalled by the destruction of the Mau Forest.
The importance of the Mau as a water tower and catchment area cannot be over-emphasised. It is an indispensable source of many major rivers and lakes in Kenya and Tanzania, the most prominent being the Mara, Sondu, Nyando and Ewaso Nyiro rivers and lakes Victoria, Nakuru and Natron.
The Sondu Miriu Power Project is dependant on flows from the Mau which have been erratic as a result of the forest's destruction. River Mara, which is a lifeline for the world-famous Maasai Mara Game Reserve, is facing a severe drop in water levels.
As a matter of fact, tens of hippos died late last year as a result of the low water levels. Lake Nakuru is now a muddy pool and all the flamingos have migrated to Lake Natron in Tanzania. The situation is so grave that it is incomprehensible that leaders worth their weight can politicise an issue of such seriousness.
Whereas they are crying over the fate of professional squatters, land speculators and a few genuine title holders, the lives of millions of people and animals that depend on the Mau are under serious threat, and they are crying out for help.
Those who bought land, or illegally occupied the forest after senselessly cutting down trees, were well aware that they were not welcomed in the forest as Narok County Council had relentlessly tried to restore the boundaries (as recommended by the Ntutu Commission) only for the locals to return after being incited by politicians.
Where as crooks both in government and outside conspired to degazette, subdivide and sell portions of land within the Mau, their status legally is that of thieves who did not have any proprietary rights or interests to transfer to third parties.
Therefore the said sale and/or transfers, even for a consideration, were illegal and ineffectual to create, transfer, effect any estate, interest or proprietary right or title on the buyers as it was illegal ab initio and further, nothing affected, prejudicially any right, power and privilege of the county council as the custodian of the trust land. Therefore, the only recourse open for these buyers would be restitution from the vendors.
Because the Government is willing to resettle or compensate those with genuine titles, this is an option they should jump for at the earliest opportunity lest they lose it all.
They should ignore the warmongers inciting them not to leave the Mau as the resolve of the Government and all stakeholders is absolute. Everyone must leave Mau Forest or be forcibly removed.
The good of the majority supersedes the cry of the few callous and reckless settlers bent on bringing the eco-system in the whole region down.
Calling us busybodies will not deter us from our march to reclaim Mau Forest and preserve the largest water tower in Kenya.
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As for the so-called leaders advocating defiance of the moratorium to vacate the forest and calling it a political decision after they are supplied with concrete evidence of the gravity of the situation, their actions are selfish and preposterous to say the least and should be dismissed with the contempt they deserve.
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