Govt faces court action to stop Mau payouts

A depleted section of Mau Forest. The Government may be sued to stop it from compensating big land-owners in Mau Forest Complex. File

The Government may be sued to stop it from compensating big land-owners in Mau Forest Complex.

Civil society on Thursday said they could collect signatures and mobilise Kenyans to oppose the compensation.

This would be following in the footsteps of Nobel Laureate Wangari Maathai who successfully stopped the Moi regime from building a multi-storey building at Uhuru Park, Nairobi.

They would then file a case locally or in Human Rights Court in Africa or the International Court of Justice.

Transparency International Programme Coordinator Moses Masinde, Mr Kisamwa Lambi of National Taxpayers Association, Mr Odhiambo Makoloo (Institute of Law and Environmental Governance) and Mr Willis Otieno of International Commission of jurists termed the planned compensation as illegal.

Speaking during a public forum at Ufungamano House, the officials said the titles held by people in Mau were obtained irregularly and thus they do not qualify for compensation under Section 75 of the Constitution despite amendments made to the task force report on Mau in Parliament for recognition of the documents.

“The amendments cannot override the provisions in law which only recognise titles acquired legally. You cannot find a thief in your house then start negotiating what he should take and what should remain. You cannot use public funds to clear an illegal process,” Mr Otieno told the forum organised by TI-Kenya.

They said even in US where the economy is much bigger than Kenya's, people who had illegally occupied a forest in Kentucky were being removed without compensation.

Compensating the big land owners in Mau, who the group said looked like a Cabinet meeting of the previous regime, would encourage impunity; be unfair to hardworking Kenyans and lead to diversion of funds from other crucial national projects as the funds were not included in national budget.

“People have in the past been evicted in forests like Aberdares, Mt Elgon and Marakwet but were not compensated, why would Mau be special?” Mr Otieno asked.

They said the compensation would make some donors to freeze aid to Kenya.

Mr Otieno said Kenyans could get redress locally or in Human Rights Court in Africa or the International Court of Justice for paying people illegally, money that could be used to buy drugs, improve roads and fight insecurity.

Calling on Kenyans to stand up and stop the compensation, Mr Makoloo said public land belonged to Kenyans and is only held by the government for them as an agent.

Former President Moi and other key personalities in his regime are among those targeted for compensation of billions of shillings by the government in Phase III of the Mau conservation efforts.

Mr Makoloo said he was among the lawyers who filed a case in court in 2001 to block the government from excising thousands of hectares of forest land and thus any titles given to individuals in Mau including those issued by President Kibaki during the 2005 referendum campaigns were illegal.

“In the budget there was no provision for compensation and thus the government will be robbing Peter to pay Paul at a time when Kenyans are still in IDP camps,” he said.

He added “Even if Jesus said those who said those who have will be added it is not good to compensate people whose net worth could run government departments for years. The move will only increase poverty. It will be a triumph of politics over other legitimate issues”

Mr Masinde called for accountability in running of the country’s affairs, cancellation of all title deeds that were acquired illegally and strengthening of local institutions to fight graft.