A Nairobi court has cut short the joy of loggers and saw millers after reversing President William Ruto's order allowing the cutting down of trees.
On July 2, the President, speaking in Molo, Nakuru County, issued a directive that abolished the law that had prohibited tree-cutting and was heavily criticised "for allowing people to prioritize business interests over environmental concerns".
Ruto said the time had come for saw millers to be allowed to harvest mature trees.
Justice Oscar Angote of the Environment and Lands Court has restored a moratorium banning tree cutting following a case by the Law Society of Kenya (LSK) challenging Dr Ruto's order directive allowing logging.
The government banned logging in 2018 as part of efforts to restore forest cover. The UN recommends a forest cover of at least 10 per cent of a country's total landmass.
Policy allowing logging
But in July this year, President Ruto said the government had come up with a policy to allow logging, an announcement that was met with fierce criticism from environmental campaigners.
This came after Ruto set in motion an ambitious target to increase Kenya's forest cover to 28 per cent from the current 8.8 per cent by 2030, as part of efforts to curb Kenya's exposure to climate change. The president said his administration hopes to grow 15 billion trees on 11 million hectares of land to offset lost trees and shield communities from the adverse effects of the harsh climate.
"Orders are granted staying the government directive on the revocation of the gazette notices previously issued for de-gazettement of forest areas as forests and the re-introduction of the shamba system. Orders are granted barring the respondents from granting such licenses or permits to fell trees," Justice Angote said.
Sought reinstatement
The LSK moved to court to challenge President Ruto's decision to lift the logging ban and sought reinstatement of the restrictions imposed by the Jubilee government in 2018.
LSK's lawyer Kennedy Waweru argued there was no scientific proof or research that Kenya has more than enough trees to allow saw millers and loggers to start felling them.
Further, Waweru said although the president indicated logging will benefit those who live near forests, on the flip side, the majority of Kenyans will, in the end, suffer due to weather changes as a result of cutting down trees. Members of Kaptagat Community Forest Association inspect trees felled by illegal loggers at Kaptagat Forest on April 13, 2020. [File, Standard]
In the case where Attorney General Justin Muturi, Environment, Climate Change and Forestry Cabinet Secretary Sopian Tuya, and National Environment Management Authority have been named as respondents, Waweru termed the decision as too drastic noting there was no public participation before lifting the ban.
LSK has also listed Katiba Institute, Natural Justice, and Greenbelt Movement as interested parties.
"It is therefore at the heart of the sustainable development agenda, and noting there is lacking such scientific research nor policy outlining the Kenyan case based on the underpinning legal provisions, that the Honorable Court must find it necessary to issue the orders sought herein in the interim failure of which the irreversible effects of deforestation shall continue to ravage the country," said Waweru.
The lawyer said the president's roadside announcement has not been documented in any government records.
Adverse effects
"The media has documented adverse effects of logging from when the President lifted the ban," said Waweru.
The court heard loggers and saw millers have cut down a lot of indigenous trees since the ban was lifted.
"Respondents have not issued any Gazette Notice to this effect, nor has there been public participation nor any research-based policies, concessions or any management reports published in support of the said presidential directive, and the same lacks in procedure, is made in bad faith and a great rollback on the gains anticipated with the government pronouncements previously made on increasing the forest cover," Waweru said.
LSK, in its case, accused the government of being hell-bent to introduce the infamous Shamba System that was banned in 2002 over abuse.
In her affidavit, LSK's CEO Florence Muturi told the court that Deputy President Rigathi Gachagua has, in public forums, indicated that the government would allow farming in forests.
Government decision
She asserted that the government's decision will erode Kenya's efforts to attain 10 per cent forest cover.
"Such statements fly in the face of our constitutional and legal underpinnings noting too well that the Shamba System has been abused as farmers have been allowed to turn large sections of indigenous forests into farmlands, destroying local biodiversity and greatly reducing the capacity of forests to be effective water reservoirs," said Muruti.
The case will be heard on August 14.
