Parliament has approved the excision of large parts of three government forests to formalise the settlement of squatters who have occupied the public forest land.
The National Assembly’s committee on Environment has approved the excision of 1,241.50 hectares in the Manzini area, 4,647 hectares in Chepyuk area in Mount Elgon, and 94.99 hectares at Shiru and 36 hectares at Shaviringa in Kakamega forest from the original boundaries.
The excision of the public forest land follows a petition by the Cabinet Secretary for Environment, Climate Change and Forestry who sought variation of boundaries of Turbo Forest (Manzini Area), Mount Elgon Forest (Chepyuk Phases II and III), and Kakamega Forest (Shiru/Shaviringa Settlement Schemes).
The government, through the Executive Office of the President, had asked Parliament to approve the degazettement of forestland land where squatters have settled.
The petition aims to regularise settlements that arose from historical relocations or government resettlement schemes in order to allow residents to obtain legal title deeds.
Cabinet Secretary Doborah Mulongo told MPs that the petition to vary boundaries of the three forests followed recommendations by an Inter-Ministerial Committee and the Kenya Forest Service Board.
Section 34 of the Forest Conservation and Management Act, Cap. 385 provides for the process of variation of boundaries or revocation of public forests through a Petition to the National Assembly.
“The committee recommends that the National Assembly approves that the boundaries of Turbo Forest be varied by excluding 1,241.50 hectares in the Manzini area from the original boundaries of the forest for the settlement of the landless squatters in the Manzini Forest Block,” Vincent Musyoka, who chairs the committee said in a report tabled in the House.
“That, the boundaries of Mount Elgon Forest be varied by excluding 4,647 hectares in Chepyuk area from the original boundaries of the Forest for the settlement of landless squatters in Chepyuk Phase II and Phase III.”
The committee also recommended that the boundaries of Kakamega Forest be varied by excluding 94.99 hectares at Shiru and 36 hectares at Shaviringa from the original boundaries of the Forest as compensation for beneficiaries who surrendered land to the government to establish public institutions and government offices.
The committee observed that the settlement schemes under consideration were established by the government between the 1970s and 1990s to address historical cases of landlessness, displacement arising from public projects, settlement of squatters, and resettlement of communities and retired forest workers.
“Over time, the areas have developed into fully settled communities with public infrastructure such as schools, health facilities, markets, roads, and administrative offices,” Mr Musyoka said.
“However, due to the absence of formal degazettement processes, many residents have continued to live without secure land tenure and title deeds for several decades.”
In arriving at the decision to degazette the forests, Mr Musyoka said the committee recognised that public forests are constitutionally protected ecological resources whose conservation is critical to environmental sustainability, climate regulation, biodiversity protection, and attainment of the national tree cover target.
He said the committee appreciated concerns raised by the National Land Commission and other stakeholders regarding the need to safeguard Kenya's forests against further encroachment and unsustainable land use practices.
“The committee noted the importance of balancing environmental conservation with the need to resolve long-standing historical land injustices and tenure insecurity affecting the affected communities,” the report notes.
“The committee further observed the need for strict adherence to constitutional and statutory requirements governing forest boundary variation, including public participation, environmental impact assessment, transparent beneficiary verification, and protection of the remaining forest areas,” Mr Musyoka said.
“Accordingly, the committee emphasizes that any resolution of the matter must ensure transparent and accountable processes, harmonisation and verification of beneficiary records, and clear demarcation between settlement areas and protected forest land in order to prevent future disputes and encroachment.”
Article 69(1)(b) of the Constitution requires the State to achieve and maintain a tree cover of at least ten percent of the land area in Kenya.
Additionally, Article 69(1) (d) and (h) of the Constitution provide for the obligations of the State with respect to the environment.
It provides that the State shall encourage public participation in the management and conservation of the environment and utilise the environment and natural resources for the benefit of the people of Kenya.
Dr Mulongo in May told MPs that over 100 forests are earmarked for degazettement to settle squatters and the landless across the country.
The degazettement of the three forests comes three years after President William Ruto announced an ambitious plan to plant 15 billion trees in Kenya over 10 years as a way to reverse the effects of climate change.
Forestry Principal Secretary Gitonga Mugambi told the National Assembly’s Public Accounts Committee (PAC) last week that Kenya has so far planted 1.78 billion trees as part of Dr Ruto's ambitious plan to plant 15 billion trees by the year 2032.
Mr Mugambi said if Kenya manages to plant 15 billion trees, it will generate a minimum of Sh75 trillion in wealth once they are harvested at maturity.
