Nyeri High Court Judge declines to lift logging ban

The High Court in Nyeri Wednesday struck out a petition filed by timber manufacturers challenging the government’s ban on logging.

Justice Jairus Ngaah ruled that the dispute should have been filed at the Environment and Lands Court.

“The dispute involves the environment, use, occupation and title of land. The jurisdiction of which falls under the Environment and Land Court as per Article 162(2)(b) of the Constitution. This provision of the Constitution strips this court of jurisdiction for which a special court, albeit of equal status, has been created,” said Justice Ngaah.

The traders had sued Kenya Forest Service (KFS), chief conservator of forests, Ministry of Environment and Forestry and the Attorney-General for imposing the ban on February 27.

INCOME AFFECTED

They argued that the moratorium affected their income and that the government’s security agencies were harassing them by impounding processed timber in transit.

The traders included Nyeri Timber Merchants Association, Nyandarua Timber and Tree Planters, Kiambu Timber Manufacturers and Kirinyaga Timber Manufactures Association.

They wanted the court to compel the government to lift the ban.

OBJECTION UPHELD

But Justice Ngaah upheld the preliminary objection raised by KFS and the chief conservator against the suit.

The judge explained that the dispute was between a licensee and a forest manager, which can be resolved through procedures provided in the Forest Conservation and Management Act.

“Section 70 (a) and (b) of the Act prescribes the procedure to be followed. This section is clear that the first port of call is the lowest possible structure that may have been set up in the devolved system of governance,” said the judge.

The judge termed the petition defective for failing to follow the cited procedure.