Mau settlers say State keeps moving forest borders

 

Nakuru Deputy Speaker Samwel Tonui (right) with lawyer Kipkoech Ng'etich during the hearing of a case over eviction in Eastern Mau in a Nakuru Court on March 22, 2022. [Harun Wathari, Standard]

Families facing eviction from Eastern Mau forest have told a judge the government has been shifting boundaries between settlement schemes and the forest in order to evict them.

Testifying before Nakuru Environment and Lands court, Nakuru County Assembly Deputy Speaker Samuel Tonui, told Justice John Mutungi the government has not been sincere on the matter.

“We need the boundaries between the forest and settlement schemes fixed once and for all. It appears that forest land in Kenya expands while land occupied by locals continues to shrink,” he said.

Mr Tonui was testifying in a case he filed in 2020 against the State over planned eviction of residents from Nessuit, Marioshoni, Sururu, Likia, Terit and Sigotik settlement schemes.

The court stopped the exercise when lawyer Kipkoech Ng’etich filed a petition to stop eviction of 70,000-odd people on 35,000 hectares in Eastern Mau.

Mr Tonui had sought orders barring Kenya Forest Service, the Ministry of Environment and Forestry and the Regional Commissioner from interfering with the quiet and peaceful enjoyment of property rights of the residents.

The government had on June 28, 2020 started an operation to stop all illegal human activities in forests forming the Eastern side of the Mau Forest Complex.

KFS then said the operation was intended to reclaim Logoman, Sururu, Likia, Marioshoni, Nessuit, Baraget and Olposimoru forests.

“KFS through its agents and being driven by ill intentions and powerful forces in the government took advantage of the operation to forcefully evict and displace residents of Nessuit, Marioshoni, Sururu, Likia, Terit, Sigotik settlement schemes,” Mr Tonui said.

Mr Tonui said they do not understand why the State is claiming the land where they had already settled.

Over 100 officers drawn from the Kenya Police and KFS are said to have torched houses and destroyed property worth millions of shillings.

Mr Tonui said that through Gazette Notice No. 889 dated January 30, 2001, and published on February 16, 2001, the government through the then Minister of Environment altered the boundary of the Eastern Mau Forest by excising approximately 35,301.01 hectares.

This led to creation of the now Nessuit, Marioshoni, Sururu, Lilia, Terit and Sigotik settlement schemes.

A survey, he said, was conducted in 1997, beacons placed and a cutline established. The people facing eviction have valid title deeds issued by the government in 1997, 2005 and in 2013, he said.

“We don’t know why we are a target of eviction,” Mr Tonui said.

“This could be political. It comes during the political period. I think this one of Mau East is being used politically and there is no legal basis for the disturbances.”

State Counsel Fronicah Shirika told Mr Tonui that no land was excised and that the area was gazetted as forest in 1932 and has never been degazetted. The Office of the Attorney General said if title deeds were issued, then they are irregular since the land had not been degazetted.

Hearing continues today.