Key water towers across the country are facing the threat of having their land hived off, with many state agencies eyeing the parcels for their own activities.
The latest report by the National Land Commission says it received several requests seeking to vary the boundaries of key water towers, including the Aberdare Forest Reserve in Nyandarua county, where 300 acres have been requested for the expansion of Ndaragwa Township.
Another 10,042 acres was requested from the Mt Elgon Forest Reserve in Bungoma county to create space for the resettlement of squatters.
This happens despite the government’s push to ensure its ambitious goal of growing 15 billion trees by 2032 is realised.
The tree-planting campaign aims to reduce greenhouse emissions, stop and reverse deforestation and restore 5.1 million hectares of deforested and degraded landscapes.
The NLC has advised the national government to have a comprehensive programme for the registration of title in land throughout Kenya, conduct research related to land and the use of natural resources, and make recommendations to appropriate authorities.
The commission also initiates investigations, on its own initiative or on a complaint, into present or historical land injustices, and recommends appropriate redress.
The NLC exit report provides a comprehensive overview of the performance, challenges, lessons and strategic impact of the commission during the six-year term (2019–2025).
It provides a comprehensive account of the NLC’s achievements during its six-year tenure (2019–2025) with a focus on performance review to guide transition and continuity.
The report was drafted following the lapse of the six-year term of a number of NLC commissioners.
Outgoing chairperson Gershom Otachi, vice chairperson Gertrude Nguku, commissioners James Tuitoek, Kazungu Kambi, Reginald Okumu, Alister Mutugi and Hubbie Al-Haji were appointed in November 2019.
Commissioners Esther Murugi and Tiyah Galgalo joined the commission in December 2020.
This means that Murugi and Galgalo still have one year in office.
In Kajiado county, the commission has received a request to degazette 3.6576 hectares (nine acres) in Ngong’ Hills Forest to settle squatters, who claim it as their ancestral land.
In Makueni county, NLC has received a request to degazette an unspecified acreage out of the Ngai Ndeithya National Reserve for human settlement.
In Kakamega county, the commission has also received the degazettement of 700 hectares (1,729 acres) from the Turbo forest reserve for human settlement.
The report shows NLC has also received a request to degazettement 10,056.306 hectares (24,850 acres) from Ol Arabel Forest Reserve in Baringo county for human settlement.
In Trans Nzoia, the commission has received a request to excise 50 hectares (124 acres) from Suam Forest for the development of a town at the Suam border.
NLC says it received the requests for degazzettment and boundary variation of various forests from the National Environment Management Authority.
“The commission pronounced itself on some of the key areas of public interests such as management and protection of public forests, in accordance with the constitution and other relevant laws. This was to strengthen the country’s responses to protect forested landscapes and to provide opportunities for increasing the forest cover in line with national development aspirations,” the report says.
NLC said it also received and reviewed Strategic Environmental Impact Assessment (SEIA) reports related to various facets of land and environmental projects from Nema.
The commission said the reviewed SEIAs formed a critical part of the advisory to the relevant agencies and stakeholders in advancing sustainable natural resource management.
SEIA is a formal and systematic process to analyse and address the environmental effects of policies, plans, programmes and other strategic initiatives.
The commission received SEIA on the proposed solid waste management site in Ntuntuni Area, in the county government of Tharaka Nithi.
NLC recommended that due diligence be undertaken in the identification of the project-affected persons to be compensated or resettled.
“There was further advice on adherence to the mitigation plan to reduce impacts on the two significant rivers.”
NLC also received SEIA on the proposed Subati group commercial plantation forest (phase 2) on Makueni/ Kitengei Scheme ‘B’/1594 in Kitengei location, Kibwezi subcounty, Makueni county.
It is recommended that there must be a strict adherence to the management plans by the proponent throughout the three phases of the project due to the potential threats to biodiversity, mainly avifauna.
NLC also received SEIA on the proposed asbestos disposal site (landfill) on plot LR No 1250B in the Minjila area in Garsen subcounty.
The commission recommended that there should be a prudent disposal procedure that conforms to the procedures and strict adherence to the Environment Management Plan proposed.
The commission also received SEIA on the proposed Mbirikani Group Ranch Land Use and Subdivision Plan, Kajiado South subcounty, Kajiado county.
It is recommended that the area being wildlife migratory and dispersal corridor, should be surveyed, demarcated and finally gazetted as a safeguard measure for their prosperity.
NLC also received SEIA on Olgulului Ololarashi Group Ranch Land Use and Sub-Division Scheme Plan, Kajiado South subcounty, Kajiado county.
It is recommended that wildlife migratory and dispersal corridors be delineated and secured to avoid any future claims through survey, demarcation and gazettal.
by GILBERT KOECH
