The Mau Forest evictees have suffered a major setback after their petition was dismissed by a three-judge bench sitting at the Narok Environment and Land Court (ELC).
Over 40,000 evictees had filed a lawsuit against the state for what they called illegal and coercive evictions from their farms in the Mau Forest in 2018 and 2019.
As a result, retired Chief Justice David Maraga appointed three Environment and Land Court (ELC) judges to hear the case: Justice Mohammed Kullow, Justice John Mutungi, and Justice George Ong’ondo.
Respondents in the case included the Ministers of Forestry, Environment, and Natural Resources, the Attorney General, and the Minister of the Interior.
The judges declared the title deeds created after the ballooning of five group ranches, Enoosokon, Enkaroni, Enoosaen, Enekishomi, and Sisiyian, null and void because the subdividing included part of the Maasai Mau forest.
The court ruled that the five group ranches’ sub-division was irregular, unlawful, and null and void because the initial land was 3, 000 hectares, but the group ranches extended to the forest land in their favor to 14, 000 hectares.
“The land titles obtained as a result of the subdivision of the five group ranches were obtained illegally, unlawfully, and without due process, and constitute unlawful encroachment.”
“As a result, they are null, cancelled, and revoked,” said Judge Mutungi, who read the verdict.
The court ordered anyone still living on forest land to leave immediately, with a 90-day deadline, failing which an eviction order will be issued.
The county government was directed to conduct a ground assessment of the forest and to erect beacons indicating the extent of the forest, with particular attention paid to the initial acreage of the five group ranches.
Following the establishment of the Maasai Mau forest boundaries, the respondents and county government must erect a fence and permanent feature around the forest within 24 months, which will be maintained by the Kenya Forest Service (KFS).
The court also ordered the respondent to show the exact acreage of the five group ranches within a year to ensure the forest’s protection.
Senior counsel Kimutai Bosek, who led the team of counsels representing the evictees, expressed displeasure with the ruling and promised to appeal the case to the Court of Appeal.
Former Narok County gubernatorial aspirant Moitalel Ole Kenta, who is also a senior counsel, expressed satisfaction with the decision and urged those who sold land to evictees to compensate them.
They asked the court to declare the eviction illegal because all of the affected people had legitimately obtained title deeds from the Ministry of Lands.
Furthermore, they asked the court to order the state to conduct a new survey of the entire Mau Forest to determine whether or not there were any illegal settlers in the Mau Complex.
