The indigenous Sengwer community has expressed fears of another wave of evictions from Embobut forest after five houses were torched in Kaptirbai glade.
Elias Kimaiyo, a human rights defender and a community leader, said the houses were burnt despite a court order allowing them to continue living in Embobut forest. The community maintains that’s their ancestral land and have a cultural and spiritual attachment to it.
“Our fear is that this maybe another wave of evictions as we witnessed last year while there was a court order halting further evictions. They’re movements of Kenya Forest Service bosses from yesterday. May be they are planning huge forceful evictions.,” Kimaiyo said on Thursday.
David Ribong’ar said he had lost items worth Sh33,000 in the incident, and that four other people were affected.
“I woke up and went to pick some money I had borrowed from my neighbour to clear my child’s school fee balance. While there, I was called an informed that there were KFS officers that had accessed my home and by the time I rushed back, they had destroyed my house and burnt it.
“They have burnt my bedding, including six blankets and two mattresses, my solar panel and other items,’’ Ribong’ar narrated.
He said he had been attacked several times and threatened for speaking about KFS during their barazas in Embobut.
Ribong’ar called on the government to allow them live on the blade without being interfered with by KFS so that they can live in peace and be able to educate their children.
However, a local administrator who did not want to be named said Kaptirbai is part of the forest, was being destroyed and that it is KFS work to ensure it is protected.
PENDING CASE
In the Court of Appeal matter between David Kiptum Yator and 23 others VS the Attorney General and 14 others, the community appealed a decision by the Environment and Land Court that dismissed petitions challenging their “forceful and illegal eviction” from Embobut forest in Cherangany Hills, contending it is their ancestral land.
Issuing conservatory orders in March 2021, judges Hannah Okwengu, DK Musinga and F Sichale ruled that that pending the hearing and determination of the appeal, the status quo should remain.
“[This] means that those who are in occupation of forest land as of today should not be evicted, but no new persons should be allowed to occupy forest land,” the ruling read in part.
The Sengwer, who are hunters and gatherers, and the government have in more than a decade engaged in a legal battle over their right to live in the forest.
“ There is a dispute as to whether members of the community are currently lawfully residing in the forest as it is alleged that money was paid out in 2015 for them to move out, and that those in occupation are there illegally,” the Court of Appeal noted.
In the case, the applicants sought a determination on whether Embobut forest is public land under Article 62(1)(g) of the Constitution, whether the Sengwer lawfully held, managed and used the forest as community land under Article 63(2)(d)(i) as read with Article 40 on protection to right to property. and Article 14 of the African Charter on Human and People’s Rights.
Further, they asked the court to determine whether there was violation of their rights; and whether there was an agreement entered to vacate the forest and acquire alternative settlement in consideration of a payment of Sh400,000.
GOVERNMENT DEFENDING EVICTIONS
In May last year, the government defended its decision to evict the community, with the Ministry of Environment arguing the removal of an estimated 500 families was intended to conserve Cherangany Water tower from further degradation due to illegal logging, farming, commercial grazing and charcoal burning.
Speaking at the time, then North Rift Head of Conservancy Anthony Musyoka said there were “uncontrolled agricultural activities”, which had caused massive destruction to the water tower.
However, Kimaiyo said groups that were not covered by the court order had taken advantage and invaded parts of the forest and it is those that KFS should focus on.
“On our part, we have started initiatives to conserve the forest, and have already put up a nursery to assist in our conservation efforts. We are currently working towards raising 10,000 seedlings,” Kimaiyo said.
In November last year, the community and KFS reached a deal whereby KFS would set aside 10 acres of forest land to allow the community put up tree nurseries for indigenous trees in a pilot project at Kapkok area.
This was to be extended to Kiptirbai and Koropkwen glades.
According to KFS, however, the arrangement did not allow the community to set up settlements in the forest.
