The government has ruled out any immediate change of status for a parcel of land in Kericho that the Ogiek community wants converted into community land, saying the property is still legally part of the South Western Mau public forest.
Environment Cabinet Secretary Deborah told the National Assembly Committee on Lands that L.R. No. 25005, also identified as Kericho/Samburet, has never been lawfully removed from the gazetted forest and therefore remains protected public land.
Her explanation comes after the Ogiek community petitioned Parliament to have part of the forest land converted for settlement.
The petition, presented to the House on behalf of Chang Kelek Kipsigis, Ogiek squatters from Kericho, calls for government action to allow members of the community to settle on the land.
The community says it has historical links to the area and has asked the government to facilitate the conversion of part of L.R. No. 25005 into community land.
The petition also brings to the fore concerns over historical land injustices affecting the community.
However, the Cabinet Secretary said records held by the Ministry show that the parcel remains within the boundaries of the gazetted South Western Mau Forest.
She said there was an earlier attempt to change the forest boundary covering the land, but the process did not reach completion.
“The ministry considered the matter through the Gazzete Notice No. 891 published on 30th January, 2001 for alteration of the forest boundary in respect of L.R. No. 25005. However, no further regularization process was done to effect the forest boundary alteration,” she said.
According to the CS, the publication of the notice did not complete the steps needed to change the legal status of the land.
She maintained that the parcel has neither been lawfully degazetted nor excised from the forest in line with the procedure provided by law.
This means the land cannot be treated as community land or opened up for settlement unless its status is first changed through the proper legal process.
The Cabinet Secretary further told the committee that any attempt to alter the status of the parcel must comply with the law before the land can cease to be part of the public forest.
“The overall legal position is that L.R. No. 25005 should continue to be treated as part of the South Western Mau public forest unless and until its status is lawfully altered,” she added.
The government’s position therefore leaves the Ogiek community’s request for settlement tied to the completion of the legal process for changing the status of the disputed parcel.
For now, the Ministry maintains that L.R. No. 25005 remains within the South Western Mau Forest and continues to enjoy the protection given to public forest land.