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Court nullifies establishment of Kamuthe Wildlife Conservancy in Garissa
Kamuthe in Garissa County.
A judge has revoked a license issued by the Kenya Wildlife Service (KWS) for the establishment of Kamuthe Wildlife Conservancy in Garissa County.
Environment and Land Court judge John Mutungi cancelled the license, saying the establishment of the conservancy in Fafi constituency in 2023 did not follow the due process of law, and for lack of adequate public participation.
The judge said that whereas Kamuthe community land may have been legally and validly registered under the Community Land Act, registering the land it owned or part of it as a wildlife conservancy, was not taken through the process as required.
Justice Mutungi said there was no evidence as to when Kamuthe community applied to have their land or part of it registered as a wildlife conservancy.
“The registration of the Kamuthe wildlife conservancy was without the approval of the members of the registered community and failed to comply with the provisions of the Community Land Act,” said the judge.
Two residents challenged the establishment of the conservancy, saying a majority of the residents are pastoralists and never noticed the gazette notice establishing the expansive land as a community land.
Mr Idris Falir Kalba and Mohamed Maalim Ali contended that the registration of the land as a community land was not carried out in compliance with the Community Land Act, 2016, as no public participation was done.
They said the land was later converted into a wildlife conservancy without undertaking the necessary environmental impact assessment or social study.
The two residents further submitted that the land is currently guarded by armed security officers who deny the residents access rights to graze their livestock.
The government defended the establishment of the conservancy saying due process was followed and the community was involved in the plans.
According to the government, the conservancy was duly registered by KWS, which asked the community to prepare a management plan to address any environmental impact and mitigation measures employed.
The court heard that the community land was in excess of 149,000 acres and approximately 80,700 acres were set aside for the conservancy.
Further, the land was registered as community land and residents were allowed unrestricted access to graze their livestock.
Evidence tabled in court showed that 600 community members attended the meeting at Kamuthe trading centre in 2023 and elected 15 members to be community land management committee members.
The judge said the registration of Kamuthe community under the Act cannot be faulted as it was evident that due process was followed.
According to the court, the approval of the conservancy by KWS was given even before the Lands CS issued a notice of intention to adjudicate, demarcate and survey the land.
Justice Mutungi noted that while a wildlife conservancy may have been in operation before Kamuthe was registered as a community land, once it was registered as community land, the community land management committee should have sought approval to have the wildlife conservancy registered and issued with a license.
