State defends degazettmenent of forests, says due diligence followed

The government has defended de-gazettement of sections of forests across the country, insisting that the process followed the law.

The state at the same time defended the move as a way of resolving long-standing land disputes involving thousands of settlers.

In a submission to Parliament, Lands Principal Secretary Nixon Korir said the affected areas were earmarked for settlement decades ago to accommodate landless families, former forest workers and communities displaced by public projects.

“The current occupants are the original settlers in the forest areas. The number of occupants has, however, increased due to natural population growth and further informal settlements. There are, however, no official land transfers because the areas were declared forest areas,” Korir said.

The PS was appearing before the National Assembly Departmental Committee on Environment, Forestry and Mining to respond to appraise the community on issues raised during inspections visits on the de-gazettment of public forests.

The PS cited the Manzini-Turbo Forest settlement scheme in Uasin Gishu, which was established in 1994 on about 1,241 hectares to settle squatters and landless persons.

According to the submission,572 plots were surveyed and allocated through a ballot system overseen by provincial administrators.

On the disputed Chepyuk - Mount Elgon Forest, Korir said the land was initially excised in 1974 to settle the Elgonyi Dorobo community before additional phases were created after members of the Sabaot community settled beyond the original boundaries.

The government maintained that most current occupants are original settlers, although population growth and informal expansion have increased the number of residents.

The state also defended allocations in Shiru and Shaviringa areas within Kakamega Forest, saying beneficiaries had surrendered ancestral land in Vihiga to pave way for public facilities including schools, markets and government offices.

The affected families were allegedly promised alternative land within the forest areas as compensation.

“During the expansion of these public utilities in the 1980s, affected individuals were to be compensated with alternative land twice the size of their surrendered land, to be allocated within Kakamega Forest,” Korir said.

“The first group was settled in Shiru Sub-location between 1984 and 1985 (53 plots), while the second group was settled in Mukuchi/Shaviringa Sub-location between 1994 and 1997 (81 plots). In total,64registered landowners were affected.”

Korir dismissed fears that the degazettement could encourage fresh invasions of protected forests, arguing that the Kenya Forest Service still safeguards remaining forest land.

He said formalising the settlements would help address decades of insecure land tenure and allow residents and public institutions to obtain title deeds.

“More importantly, these de-gazettements will help ameliorate long-standing insecure land tenure on lands given out by the Government of Kenya in the 1970s, 1980s and 1990s. Equally important,Public Utilities in Vihiga County,as well as those in the Schemes,will obtain secure land ownership documents, including title deeds,” he said.

INSTANT ANALYSIS

The move has nevertheless triggered criticism from conservation groups and some leaders who warn that continued reduction of forest cover could undermine environmental conservation efforts and worsen climate-related challenges