Timber traders want govt to lift logging ban

Timber traders have sued the government over the ban on logging.

The traders on Thursday said their income has been affected by the ban imposed on February 27.

Nyeri High Court Judge Jairus Ngaah certified the matter as urgent.

The traders have listed Kenya Forest Service (KFS), Chief Conservator of Forests, Ministry of Natural Resources and the Attorney General (AG) as respondents.

"...the trees cut will rot and become worthless. Property of applicants in terms of trees bought and felled is wasting away owing to the ban.

"Employees, agents and servants of respondents are harassing us by impounding processed timber on transit," their lawyer Muchiri wa Gathoni argued.

They want the ban lifted.

The groups are Nyeri Timber Merchants Association, Nyandarua Timber and Trees Planters, Kiambu Timber Manufacturers Self-help Group and Kirinyaga Timber Manufactures Association.

TRIBUNAL

The KFS and the chief conservator have raised a preliminary objection, arguing that the court lacks jurisdiction to determine the matter.

"Matters arising in respect of forest conservation, management or utilization shall in the first instance be referred to the lowest possible structure under the devolved system of the government," they said.

The Forest Conservation and Management Act of 2016, the KFS argues, provides that any matter unresolved by the county governments shall be referred to the National Environmental Tribunal for determination.

"An appeal from the tribunal then shall lie in the Environment and Land Court as established under the Environment and Land Act 2011," Munyao Muthama and Kashindi advocates for KFS noted.

The judge directed that the preliminary objection be heard on June 21, 2018.