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High Court issues injunction against Kaptagat Forest fencing
Scattered bamboo plants spotted at Kaptagat Forest in Elgeyo-Marakwet County on October 10, 2024.
What you need to know:
- Justice Olao set July 23, 2026 for the mention of the suit filed under certificate of urgency.
- According to the community, fencing the forest will deny them access to firewood, traditional herbal medicine, grazing areas and cultural shrines that have sustained the community for generations.
The Iten High Court has issued temporary orders suspending the ongoing fencing of sections of Kaptagat Forest in Elgeyo Marakwet County after members of the indigenous Keiyo community moved to court to stop the process arguing that it threatens their livelihoods and constitutional rights.
The Environment and Land Court Judge at Iten, Boaz Olao, issued the temporary injunction on Wednesday restraining the Kenya Forest Service (KFS), the Ministry of Environment, Climate Change and Forest and the County Government of Elgeyo Marakwet among others from fencing the Kaptagat Forest Ecosystem pending the hearing and determination of the suit.
“The Court do issue an order of temporary injunction against all the Respondents by themselves, their agents or proxies from fencing and related activities within Kaptagat Forest Ecosystem comprising of Kaptagat, Sabor, Penon and Kipkabus Forest station within Elgeyo Marakwet County,” stated the orders.
Justice Olao set July 23, 2026 for the mention of the suit filed under certificate of urgency.
The petitioners- Daniel Kipchumba Cheruiyot, Mark Kipkemoi Kutto and Elias Kiprono Kimutai through their lawyer Tum Cheruiyot are required to serve the respondents with relevant documents.
They had earlier filed a similar petition before Justice Emmanuel Washe at the Environment and land court at Eldoret on June 10 but the Judge did not certify the appeal as urgent but directed them to serve the respondents within seven days.
The matter was mentioned before Justice Olao on 14th July,2026 for inter party hearing and temporary injunction issued to suspend the process pending the hearing and determination of the suit.
According to the community, fencing the forest will deny them access to firewood, traditional herbal medicine, grazing areas and cultural shrines that have sustained the community for generations.
"The community will be adversely affected because the forest is the main source of firewood, herbal medicine and access to traditional shrines and ceremonial sites," stated the petition.
The KFS has previously defended the project, saying it is meant to restore the degraded Kaptagat Forest, one of Kenya's critical water towers, by curbing illegal logging, charcoal burning and human encroachment. Chief Conservator of Forests Alex Lemarkoko last month launched the fencing programme, which will cover 273 kilometres across the Kessup, Sabor, Penon, Kaptagat and Kipkabus forest blocks.
According to KFS, the exercise will begin with the first 50 kilometres at Kapkoi in Sabor Forest Station.
"The fencing is expected to enhance biodiversity conservation, promote natural regeneration and safeguard the forest's critical functions, including water catchment, carbon sequestration and soil protection," said Mr Lemarkoko.
He dismissed claims that communities would be locked out of the forest, saying the project provides for controlled access points in line with the law.
"The fencing will not exclude the local community. There will be controlled entry points and the community will continue accessing the forest as provided by law," he said, adding that about 10 kilometers of the forest is already under an electric fence.But residents insist the project amounts to exclusion from a forest they have helped conserve for decades.
"We have been at the forefront of environmental conservation through tree planting. Fencing the forest without involving us is an abuse of our rights," said Mark Kemboi, a resident of Kessup.
The community has also written to the United Nations Development Programme (UNDP), urging it to suspend engagement with conservation groups involved in the project until concerns over alleged rights violations are addressed.
Environmental expert Robert Rono said successful conservation requires the participation of communities living around forests.
"There is a need to involve the local community throughout the process because they are key stakeholders in afforestation and forest conservation programmes," he said.
The dispute comes as the government intensifies efforts to protect forests under President William Ruto's ambitious plan to plant 15 billion trees by 2032.
Speaking during the 9th edition of the Kaptagat Integrated Conservation and Livelihoods Programme, President Ruto said fencing public forests was necessary to protect water towers and curb illegal activities.
"We have fenced the Aberdares, Mau and Nandi forests as part of our conservation efforts, and Kaptagat Forest will not be left out," the President said.
He said fencing would be accompanied by a community participation framework to allow regulated activities such as grazing and collection of firewood without compromising the integrity of the forest.
More than 2,700 hectares of Kaptagat Forest have already been restored under the Kaptagat Integrated Conservation Programme.
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