Meru High Court allows Tharaka-Nithi saw millers access to disputed forest

Lawyer Weddy Mutegi representing the Law and Social Development Trust, one of the petitioners in the case with members of Atiriri Bururi ma Chuka trust at the Meru Law Courts after an interim ruling that removed orders barring saw millers from harvesting trees in a section of the Mt Kenya forest. Residents have protested the court ruling. PHOTO | DAVID MUCHUI | NATION MEDIA GROUP

What you need to know:

  • The petitioners are claiming a stake in the 12 kilometre stretch of Mt Kenya forest in Chuka-Igambang’ombe and Maara sub counties.
  • Following the ruling, a section of community members have opted to camp in the forest to bar saw millers from harvesting trees.
  • Law and Social Development Trust had obtained court orders barring saw millers licensed by the Kenya Forest Service (KFS) from harvesting exotic trees from Kia Muriuki plantation.
  • The Community claims it was dispossessed of the section of the Mt Kenya forest known as Magundu ma Chuka 80 years ago.

Saw millers from Tharaka-Nithi County can now access a disputed stretch of forest land in the county after the Meru High Court withdrew orders barring five licensed saw millers from harvesting trees.

In a petition filed before Judge Peter Njoroge by Atiriri Bururi ma Chuka Trust, more than 3,000 residents and Law and Social Development Trust (LSDT), the petitioners are claiming a stake in the 12 kilometre stretch of Mt Kenya forest in Chuka-Igambang’ombe and Maara sub counties.

The petitioners had also sought to have community forest officers to guard the forest but the orders were also vacated in the interim ruling.

Following the ruling, a section of community members have opted to camp in the forest to bar saw millers from harvesting trees.

“We cannot allow anyone to enter the forest and destroy our trees. We will camp here until we get justice,” said the community chairman Ngai Mutuoboro.

LSDT lawyer Ms Weddy Mutegi said that they were dissatisfied with the interim ruling and will be moving to the Court of Appeal seeking to bar saw millers from accessing the forest.

“We are not satisfied with the interim ruling. We are ready to proceed to the Court of Appeal to ensure we protect the forest from loggers,” Ms Mutegi said.

The trust had obtained court orders barring saw millers licensed by the Kenya Forest Service (KFS) from harvesting exotic trees from Kia Muriuki plantation.

The group argues that the saw millers have destroyed indigenous hardwood trees and were to clear about 40 acres of the forest.

AG AMONG SIX RESPONDENTS

In the suit, the Attorney-General, three cabinet secretaries (Energy and Natural resources, Information and Communication and Lands), the National Land Commission (NLC), and KFS are listed as the six respondents.

Other respondents are the Kenya Wildlife Service (KWS), Tharaka-Nithi County Government, Rhino Ark, the Nyayo Tea Zones Development Corporation and National Environmental Management Authority (Nema).

The construction of two proposed multi-billion shilling tourist hotels has been put off after families lodged a petition at the High Court in Meru over the disputed 12 kilometre stretch of Mt Kenya forest in Tharaka-Nithi County.

The Aturiri Bururi ma Chuka Trust, which has 3,200 members, claims the two hotels are earmarked for a stretch of forest land in Chuka-Igambangombe and Maara constituencies where they were planning to put up similar projects.

The Community claims it was dispossessed of the section of the Mt Kenya forest known as Magundu ma Chuka 80 years ago.

The court case has delayed the construction of a 450 kilometre eight-strand fence along the Mt Kenya forest, a project estimated to cost close to Sh1 billion.