Fencing of Kaptagat Forest to proceed, land court directs

Tree planting at Kaptagat Forest on June 19, 2022. [File, Standard] 

Fencing of Kaptagat Forest will proceed after the conservation exercise was temporarily halted by a court order last week.

The Environment and Land  Court in Iten had slammed the brakes on the fencing exercise pending application by five individuals opposing the project to stop its implementation.

But on Thursday Justice Boaz Olao lifted the orders issued on July 15, restraining the Kenya Forest Service (KFS) and their agents from fencing the ecosystem.

Olao had directed KFS to halt fencing in all the forest's blocks including Kaptagat, Sabor, Penon, Kessup and Kipkabus.

 Upon hearing both parties in the application filed by Gilbert Cheruiyot, Martin Kipkoech and three others seeking to stop the fencing of Kaptagat Forest, the court lifted the orders, paving the way for implementation of the project which had kicked off on May 11.

Cheruiyot and Kipkoech had told the court that KFS had not conducted public participation and that Environmental and Social Impact Assessment was not done before the 270-kilometre electric fence around the forest commenced two months ago.

But KFS filed an application seeking to set aside the orders issued on July 15, which stopped the fencing.

The service also sought a preliminary objection challenging the jurisdiction of the Court to hear the matter.

The Kaptagat Community through the Community Forest Associations from different blocks, made an application to be enjoined in the suit.

The Community was directed to file its response to the issues before Court.

The court further directed all parties to file their respective written submissions on the preliminary objection challenging the jurisdiction of the Court, which was filed by the Attorney General on behalf of KFS.

The matter will be mentioned on October 1, 2026 to confirm compliance with the court's directions and to obtain a set a date for the ruling on the preliminary objection.