Court cancels wildlife conservancy licence, finds 76000 acres illegally allocated

Environment and Lands Court Judge John Mutungi during the hearing of the Eastern Mau case in Nakuru on October 9, 2023. [Kipsang Joseph, Standard]

Kenya Wildlife Service (KWS) and Ministry of Lands blunders have cost a wildlife conservancy its licence after it was revoked by the Lands Court for lack of public participation, environment impact assessment and approvals by the National Environment Management Authority (NEMA).

At the same time, the court also invalidated 76,602 acres land title issued to Kamuthe Wildlife Conservancy, terming it illegal.

On its website, Kamuthe indicates that it is a community-driven conservation initiative whose mandate is to protect at least 76,602 acres of land, which serves as a wildlife corridor and dispersal area.

Nevertheless, Justice John Mutungi ruled that the conservancy was illegally and unconstitutionally established.

The judge also revoked the title granted to the entity after determining that the community was neither consulted nor involved during the establishment of Kamuthe.

“The Community members were not involved in public participation as there is no evidence that they were involved in the approval of registering Kamuthe Wildlife Conservancy on any portion of their land,” said Justice Mutungi.

At the same time, the Judge said there were no approvals by NEMA, nor was there an environmental impact assessment done before the establishment of Kamuthe.

“That the registration and issue of any operating license in favour of Kamuthe Wildlife Conservancy was in violation of the Constitution and the provision of the Community Land Act for want of public participation. Any license issued by Kenya Wildlife Service to Kamuthe Wildlife Conservancy is null and void and is hereby revoked and or cancelled,” he ordered.

Idris Kalba and Mohamed Maalim filed the case against the Ministry of Lands, Housing and Urban Development, Garissa County, KWS, Kamuthe chair Badal Ahmed, and the Attorney General.

Their lawyer, Abdirahman Abubakar, told the court that on June 30, 2023, the Cabinet Secretary issued a gazette notice setting aside part of Garissa County as a conservancy. 

Abubakar said that subsequently, a title was issued to Kamuthe.

He argued that the problem was that the community had been denied a right to access grazing land and there were fears that they would be evicted from the contested area.

 Abubakar asserted that all the steps taken were without consultation.

"The respondents ignored to carry out public participation before the registration of the land as Community Land and the conversion of the same to a Wildlife Conservancy,” argued Abubakar.

The AG and the Lands Ministry opposed the case.

They, however, affirmed that the land was owned by the community, adding that an inventory issued by Garissa County indicated that the land was agricultural and for grazing.

The Deputy Director Land Adjudication and Settlement, Amos Musyoka, who was the star witness in the case argued that the community was involved in the process as they had elected officials to represent them.

According to the AG and the Ministry, the conservancy was registered with KWS, which had mandated them to prepare a management plan that would address any environmental impact or any mitigation required.

On the other hand, Ahmed explained that Kamuthe community applied to the community land registrar to be registered as a community before they sought the allocation of land for conservation.

He denied that it was Kamuthe that was managing the contested land, adding that there was no barrier to grazing cattle in the conservancy.

In a further response, Abubakar argued that by the time the land was being allocated, Kamuthe had not been registered as a community, nor was the land registered as community land.

The lawyer urged the court to cancel the certificate and the title, saying that they were illegally acquired.

“Kamuthe Community land had not been registered in the name of the Community at the time approval for the establishment of Kamuthe Wildlife Conservancy in Kamuthe Community land was approved, the registration and establishment of the Wildlife Conservancy was a nullity as it was done in violation of the Constitution,” argued Abubakar.