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Encroachment: MPs have final say on plan to convert 6,708 ha of forest into human settlements
An aerial view of Kakamega Forest. Kakamega is one of the four public forests whose sections are to be hived off for human settlement.
Parliament will have the final say on the plan by the government to degazette portions of four public forests with a total land area of 6,708 hectares for human settlement.
Cabinet Secretary for Environment, Climate Change and Forestry Deborah Barasa has petitioned the National Assembly concerning the regularisation of four public forest lands in order to allow those who have settled there since the 1980s to legally acquire title deeds.
In her petition to the House, Dr Barasa is seeking the nod of lawmakers to degazette 989.17 hectares of South Nandi Forest, 1,241 hectares of Turbo Forest, 4,647 hectares of Mt Elgon Forest, 94.99 hectares of Shiru and 36 hectares of Shaviringa, both in Kakamega Forest.
“The ministry presents this petition pursuant to Articles 36, 62 and 119 of the Constitution as well as Section 34 of the Forest Conservation and Management Act Cap 385 Laws of Kenya. The Forest Conservation Act gives effect to Article 69 of the Constitution with regard to forest resources. Section 34 of the Act empowers any person to submit a petition to Parliament to recommend a proposal to vary the boundary or revoke registration,” reads the petition.
In her petition, Dr Barasa says that in the case of South Nandi Forest, the farmers on the hilly terrain of Chepkumia exchanged their land with forest land and the 989.17 hectares are currently fully occupied by the people.
The forest, with an area of approximately 17,960.50 hectares, was declared a forest area via Proclamation No. 76 of 1936 and declared a central forest vide Legal Notice No. 174 of 1964.
In the case of Turbo Forest, Dr Barasa said the targeted area is intended to settle landless squatters in Manzini Forest Block in Uasin Gishu in 1995. Turbo Forest Block was declared via Legal Notice No. 145 on June 14, 1968, and originally covered an area of 19,038 acres.
For the case of Mt Elgon Forest, the CS says in her petition that in 1974, Chepyuk Settlement Scheme was established to settle the Elgony Dorobo, who were residing deep within the moorland of the forest reserve.
In the case of Shiru and Shaviringa, which form part of Kakamega Forest, Dr Barasa says through the petition that the scheme was established in 1988 as a compensation and in exchange for land acquired to pave the way for the establishment of Vihiga District Hospital, Mbale Hospital, Vokoli Secondary School and other public institutions.
In the petition, the ministry indicates that it had received several petitions from members of the public claiming settlement within various public forest lands across the country.
In response to those claims, Dr Barasa says an Inter-Ministerial Committee was constituted to investigate and review the matters.
According to the CS, the findings of the Inter-Ministerial Committee revealed that the areas under claim are currently inhabited by persons engaged in non-forestry activities and who have resided in those areas for prolonged periods.
The ministry further informed the House that following a review of the committee's report, the Kenya Forest Service Board, in writing, recommended the regularisation of those settlements through the variation of the respective forest boundaries in accordance with Section 34 of the Forest Conservation and Management Act Cap 385.
Cabinet approval
Dr Barasa told the House that following the recommendation of the Kenya Forest Service Board, the Ministry of Environment, Climate Change and Forestry prepared and submitted a joint Cabinet memorandum on the determination of public forest land claims.
The memorandum was duly considered and approved by the Cabinet, thereby authorising the variation of the affected forest boundaries to regularise the said settlements and forward it for consideration and approval by Parliament.
Section 34 of the Forest Conservation and Management Act 2016 (Cap 385) provides for the revocation of the registration of a public forest through a petition to the National Assembly.
The petition will be considered by the Committee on Environment, Forestry and Mining, which is expected to table its report within 60 days.
If the committee finds merit in the petition after meeting various stakeholders likely to be affected by the proposal, then it will approve it, a move that will allow the ministry to process the degazettement.
While reacting to the petition, Emuhaya MP Omboko Milemba called on the committee to execute the matter fast so that the people who have been residing in the areas can get their title deeds and "start living normal lives".
“Although they live there currently, the land they have cannot be utilised business-wise. They cannot use the title deeds which they do not have,” Mr Milemba said.
Emgwen MP Josses Lelmengit said some of the people in the four forests have lived there for almost 30 years but have never been recognised as the rightful owners of the land.
“This has been long overdue. Those people have been out there for the last almost 30 years. They have not gotten their rightful title deeds. This comes at the right time,” Mr Lelmengit said.
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