Report On Consideration Of Public Petition On Proposed Dezagettement Of 3 Specified Public Forest Land

REPUBLICOFKENYA

THENATIONALASSEMBLY THIRTEENTHPARLIAMENT-FIFTHSESSION-2026

DIRECTORATEOFDEPARTMENTALCOMMITTEES THEDEPARTMENTALCOMMITTEEONENVIRONMENT,FORESTRYAND MINING

REPORT ON:

THEPROPOSEDDE-GAZETTEMENTOFSPECIFIEDPUBLICFORESTLAND NAMELY;TURBOFOREST(MANZINIAREA),MOUNTELGONFOREST (CHEPYUKAREA),ANDKAKAMEGA-FOREST(SHIRUAND SHAVIRINGA

DATE:

2 4 JUN 2026

DIRECTORATEOFDEPARTMENTALCOMMITTEES

CLERK'S CHAMBERS,

PARLIAMENTBUILDINGS,

NAIROBI

JUNE,2026

TABLEOFCONTENTS

| LISTOFABBREVIATIONSANDACRONYMS | |--------------------------------------------------------------------------| | LISTOFANNEXURES | | CHAIRPERSON'SFOREWORD | | CHAPTERONE 6 | | 1.0PREFACE | | 1.1Establishment of the Committee | | 1.2Mandateof theCommittee | | 1.3 Committee Membership. | | 1.4 Committee Secretariat 8 | | CHAPTERTWO | | 2.0BACKGROUNDOFTHEPETITION | | 2.1 Introduction. | | 2.2 Petitioner'sPrayers | | CHAPTER THREE 10 | | 3.0LEGALFRAMEWORK 10 | | 3.1 The Constitution. 10 | | CHAPTERFOUR 11 | | 4.0-STAKEHOLDERS'SUBMISSIONSAND-INSPECTIONVISITS | | 4.1Stakeholders'SubmissionsonthePetition 11 | | 4.1.1 Ministry of Environment,Climate Change and Forestry. 11 | | 4.1.2 The National Land Commission.. 15 | | 4.1.3 Ministry of Lands, Public Works, Housing and Urban Development. 17 | | 4.2 Committee Inspection Visits... .18 | | CHAPTERFIVE. 24 | | 5.0COMMITTEEOBSERVATIONS 24 | | CHAPTERSIX 26 | | 6.0COMMITTEERECOMMENDATIONS 26 |

LISTOFABBREVIATIONSANDACRONYMS

Cap.

Chapter

CBS

Chief of the BurningSpear

EATEC

East African Tanning and Extract Company

EIA

Environmental ImpactAssessment

ESIA

EnvironmentalandSocial ImpactAssessment

KFS

KenyaForestService

KUP

Kenya Union Party

KWS

KenyaWildlifeService

MBS

Moran of the Order of the Burning Spear

NEMA

NationalEnvironmentManagementAuthority

ODM

Orange DemocraticMovement

RIMs

Registry IndexMaps

TVET

Technical,Vocational,Education andTraining

UDA

UnitedDemocraticAlliance

UPIA

United Party of Independent Alliance

WDP

WiperDemocraticParty

land

LISTOFANNEXURES

Annexl:

Adoption Schedule for the Report

Annex2:

Minutes

Annex3:

Copy of the Petition

Annex4:

Submissionsfromthestakeholders

CHAIRPERSON'SFOREWORD

This report contains the proceedings of the Departmental Committee on Environment,Forestry andMiningontheconsideration of thePetition concerningtheproposedvariation of boundaries of selected public forests,namely Turbo Forest(Manzini Area),Mount Elgon Forest(Chepyuk Phases Il and Ill), and Kakamega Forest (Shiru/Shaviringa Settlement Schemes). The Petition was presentedpursuanttoArticles37,62and119of theConstitution andSection34of theForest Conservation and Management Act, Cap. 385.

In considering the Petition,the Committee received submissions from the Ministry of Environment,Climate Change and Forestry;the National Land Commission; the Ministry of Lands, Public Works, Housing and Urban Development; the Kenya Forest Service; local leadership; and representatives of the affected communities. The Committee also undertook inspectionvisits and stakeholder engagement in the affected areas to ascertain the status of the settlementsandtheimplicationsoftheproposeddegazettement.

TheCommitteeobserved thatthesettlementschemesunderconsiderationwereestablishedby theGovernmentbetweentheI970s and1990stoaddresshistoricalcasesoflandlessness, displacement arising from public projects, settlement of squatters, and resettlement of communitiesandretiredforestworkers.Over time,theareashave developed intofullysettled communities with public infrastructure such as schools,health facilities,markets,roads,and administrative offices.However,due to the absence of formal degazettementprocesses,many residentshavecontinuedtolivewithoutsecurelandtenure and titledeedsforseveral decades.

At the same time, the Committee recognized that public forests are constitutionally protected ecologicalresourceswhoseconservationiscriticaltoenvironmentalsustainability,climate regulation, biodiversity protection, and attainment of the national tree cover target. The Committee therefore appreciatedconcernsraisedbytheNational Land Commissionand other stakeholders regarding the need to safeguard Kenya's forests against further encroachment and unsustainablelandusepractices.

TheCommitteenoted the importanceof balancingenvironmental conservationwith the needto resolve long-standing historical land injustices and tenure insecurity affecting the affected communities.TheCommitteefurtherobservedtheneedforstrictadherencetoconstitutional environmental impact assessment, transparent beneficiary verification, and protection of the remainingforestareas.

Accordingly, the Committee emphasizes that any resolution of the matter must ensure transparent and accountableprocesses,harmonization and verification of beneficiary records,and cleardemarcationbetweensettlementareasandprotectedforestlandinordertopreventfuture disputes and encroachment.

Onbehalf of the Committee,I wish to thank all stakeholders,Government agencies,community representatives,andmembersofthepublicwhoparticipatedintheconsiderationofthisPetition. Ialsoextend appreciationtoMembersof theCommittee and theSecretariatfor theirdedication andcommitmentthroughouttheinquiryprocess.

4|Page-ReportonheDC.EnvironmenForesmy.andMinigonthe proposed de-gaellement ofspecified publifore!

leinid.

It is my pleasant duty and privilege to present this Report of the Departmental Committee on Environment, Forestry and Mining on the Petition regarding the proposed variation of boundaries ofspecifiedpublicforests.

Hon.VincentMusyoka Musau,CBs,MP Chairperson, Departmental Committee on Environment, Forestry and Mining

I.0PREFACE

I.IEstablishmentoftheCommittee

• 1.TheDepartmental Committee on Environment,Forestry and Miningisoneof the twenty(20) Departmental Committeesof theNationalAssemblyestablishedunderStandingOrder216, whosemandatepursuanttoStandingOrder216(5)isasfollows:
• Toinvestigate,inquire into,and report on all matters relating to the mandate, management, activities, administration,operations and estimates of the assigned ministriesanddepartments;
• ii. TostudytheprogrammeandpolicyobjectivesofMinistriesanddepartmentsandthe effectivenessoftheirimplementation;
• ili. Onaquarterlybasis,monitorandreportontheimplementationof thenational budget inrespectofitsmandate;
• iv. Tostudyandreviewall thelegislationreferredtoit;
• V. Tostudy,assess and analyse therelative success of theMinistries and departments as measuredby theresultsobtainedascomparedwiththeirstatedobjectives;
• vi. ToinvestigateandinquireintoallmattersrelatingtotheassignedMinistriesand departmentsastheymaydeemnecessary,andasmaybereferred tothembytheHouse;
• vii. TovetandreportonallappointmentswheretheConstitutionor anylawrequiresthe National Assembly to approve, except those under Standing Order 204 (Committee on appointments);
• viii. Toexamine treaties,agreementsandconventions;
• ix. TomakereportsandrecommendationstotheHouseasoftenaspossible,including recommendationsofproposedlegislation;
• To considerreports of Commissions and Independent Offices submitted to the House X. pursuantto theprovisionsofArticle254oftheConstitution;and
• xi. To examine any questions raised by Members on amatter within its mandate.

1.2MandateoftheCommittee

• 2.In accordancewiththeSecondScheduleto theStandingOrders,theCommittee is mandated toconsider mattersrelated to Climate change,environmentmanagement andconservation, forestry, mining and natural resources, pollution and waste management.
• 3.In executing its mandate, the Committee oversees the Ministry of Environment, Climate Change and Forestry and the State Department for Mining.

land.

CHAPTERONE

1.3 Committee Membership

• 4.The Committee comprises of the following Members:

Chairperson

The Hon. Eng. Vincent Musyoka Musau Kawaya, CBS, MP Mwala Constituency

UDA Party

Vice-Chairperson

The Hon.Charles Kamuren, CBS,MP Baringo South Constituency

UDA Party

Members

Hon. Jessica Kiko Mbalu, CBS, MP Kibwezi East Constituency

Hon.Yakub Adow Kuno, MP Bura Constituency

WDM-K Party

UPIA Party

Hon. Gertrude Mbeyu Mwanyanje, CBS, MP Kilifi County ODM Party

Hon.Salim Feisal Bader,M.P. Msambweni Constituency

UDA Party

Hon. Hiribae Said Buya, MP Galole Constituency

Hon.Dr.JosephWainainaIraya,OGW,MP Nominated,

ODM Party

UDA Party

Hon. Joseph Namuah Emathe, MP Turkana Central Constituency

UDA Party

Hon. Beatrice Chepng'eno Kemei, MP Kericho County UDA Party

Hon.Fatuma Hamisi Masito,MP

Kwale County ODM Party

Hon.Leo WA Muthende Njeru, MP Mbeere North Constituency UDA Party Hon. Charity Kathambi, MP Njoro Constituency Independent Member Hon.Mohamed Mohamed, CBS, MP Nyali Constituency UDA Party Hon.Titus Lotee,MP

Kacheliba Constituency KUP Party

1.4 CommitteeSecretariat

5.ThefollowingMembersofStaffserve theCommittee:

Mr. Nicodemus Maluki ClerkAssistantI/HeadofSecretariat

Ms. Mercy Wanyonyi

Ms. Nancy Chamunga Fiscal Analyst Il

Principal Legal Counsel Il

Mr.Hamdi Hassan Mohamed ClerkAssistantIll

Dr. Joseph Kuria Research Officer IlI

Mr. Stephen Otieno Sergeant-at-Arms

Mr. Kevin Ojiambo MediaRelationsOfficerIll

CHAPTERTWO

2.0BACKGROUNDOFTHEPETITION

2.1 Introduction

• 6.The Petition was submitted to the National Assembly by Dr.Deborah Barasa,Cabinet Secretaryfor the Ministry of Environment,Climate Change andForestry,pursuant to Articles 37,62and1l9of theConstitutionandSection34of theForestConservationand Management Act, Cap. 385.

7. The Ministry of Environment, Climate Change and Forestry received petitions from members of the public claimingtohave settled in variouspublicforest lands.Consequently,the Ministry establishedaninter-ministerialcommitteetoreviewthepetitions. 8. The report of the inter-ministerial committee was subsequently presented to the Kenya Forest Service Board, which recommended the regularization of settlements within the affected forest areas.Following this, the Ministry submitted a Cabinet Memorandum on the determination of thelandclaimsinpublicforests.TheCabinetconsidered and approved the Memorandum, including the proposal to vary the boundaries of the affected public forests to regularizethesettlements. 9. Accordingly, the Petitioner sought the intervention of Parliament to approve the variation of boundariesfor thefollowingpublicforests:

• a.South Nandi Forest(Chepkumia), approximately 989.17 hectares;
• b. Turbo Forest (Manzini area), approximately I,241.50 hectares;
• C.Mount Elgon-Forest (Chepyuk area),approximately 4,647hectares; and
• d. Kakamega Forest, approximately 94.99 hectares at Shiru and 36 hectares at Shaviringa.

2.2 Petitioner's Prayers

10. The Petitioner further requested Parliament to consider the Petition and issue appropriate orders. 2. Il. In accordance with the Speaker's Communication, the Committee was directed to consider particularlyinrelationtoclaimsconcerningTurboForest(Manzini area),MountElgonForest South Nandi Forest (Chepkumia area) was already under consideration by the select Committee onPetitions.

3.0LEGALFRAMEWORK

3.1TheConstitution

12. Pursuant to Article 69(1)(b) of the Constitution, the State is required to achieve and maintain a tree cover of at least tenper cent of the land area inKenya.Additionally,Article 69(1) (d) and(h)oftheConstitutionprovidefor theobligationsoftheStatewithrespecttothe environment. In particular, it provides that the State shall encourage public participation in themanagementandconservationoftheenvironmentandutilizetheenvironmentandnatural resources for the benefit of the people of Kenya. The Forest Conservation and Management Act, Cap.385. 2. 13.Section 34 of the Forest Conservation and Management Act, Cap. 385 provides for the process of variation of boundaries or revocation of public forests through a Petition to the National Assembly.It sets out clear steps that must be undertaken in the consideration of such a Petition.These steps include: 3. a)ThePetitionshould demonstrate that thevariationof boundariesof thepublicforestdoes not: 4. i.endanger anyrare,threatenedorendangeredspecies;or 5. ii.adverselyaffectitsvalueas awatercatchmentarea;andprejudicebiodiversity conservation,culturalsiteprotectionoftheforestoritsuseforeducational, recreational, health, or research purposes. 6. b)ThePetitionshouldonlybeforwardedtotheNational Assemblyontherecommendation oftheKenyaForestService. 7. I4.UponcommittalofthePetition to theDepartmental CommitteeonEnvironment,Forestry andMining,theCabinetSecretaryresponsibleformattersrelating toforestryisrequired, within thirty(30)days,tosubmit a recommendationon whether thePetition should be approved subject to an independent Environmental Impact Assessment and public consultationbeingundertakeninaccordancewiththeSecondScheduleoftheAct.Onthe outcome,wheretheCommitteefindsthatthePetition:

• i. does not disclose a ground for the variation of boundaries of the public forest, no further proceedingsshallbetaken;or

9. ii.disclosesagroundforthevariationofboundaries,theNationalAssemblyshallvoteon whethertoapprovetherecommendation. 15. Their recommendation to vary boundaries is supported by a majority of the members present andvotingintheNationalAssembly.TheCabinetSecretaryshallpublishanoticeonthe variationofboundariesinthegazette.

CHAPTERTHREE

CHAPTERFOUR

4.OSTAKEHOLDERS'SUBMISSIONSANDINSPECTIONVISITS

• 4.IStakeholders'SubmissionsonthePetition

4.1.I Ministry of Environment, Climate Change and Forestry

The CabinetSecretary appearedbefore the Committee and submitted asfollows on thePetition:

16. The Petition seeks to determination various public forest land claims affecting South Nandi Forest, Turbo Forest, Mount Elgon Forest, and the Shiru/Shaviringa area of Kakamega Forest. 17. The Ministry received over one hundred (loo) petitions requesting the regularization of settlementswithinpublicforestland.Toaddressthis,theMinistryconstitutedatechnical team which evaluated thepetitionsbased on an established criteria,including: 3. i.EvidenceofpriorGovernment approval forresettlement; 4. ii.Absence of pending litigation; and 5. ii.Theextentandnatureofsettlementontheland. 18. The recommendations arising from this review were submitted to the Kenya ForestService 2025. Subsequently, the Ministry sought and obtained Cabinet approval on 29th April 2025 to proceedwith thePetition. 7. theMinistryconductedEnvironmental tmpactAssessments (EiA) for all affectedforestareas and submitted the reports to NEMA for licensing. The process also included stakeholder consultations.

a.TurboForest

20. Turbo Forest was declared a forest area through Legal Notice No. 145 of 14th June 1968, originally covering approximately 19,038 acres (7,404 Ha). The current forest area measures approximately10,788.17 hectares asperBoundaryPlanNo.175/132 and is administered by theKenyaForestService. 2. 21.Theforestwas establishedinthelate1960sasapulpwoodplantationfollowingland acquisition from East African Tanning and Extract Company EATEC, with additional parcels incorporated through subsequent Legal Notices issued in I971 and 1972, including land from West King, Cooper Estates, and a railway land exchange. 22. The Manzini Forest Block, measuring approximately I,214 hectares, forms part of the larger Turbo Forest. In I995, the Government proposed the excision of the area for the settlement of landless squatters; however, the process was not finalized in accordance with the applicable legal andprocedural requirements.The Ndung'u Report subsequently recommended that

ecologically sensitive sections oftheareabe excludedprior totheformalization of the settlement scheme. The area was later surveyed and designated as Land Reference No. I1945 forpurposesofsettlementplanningandregularization.

23. The current Petition seeks to regularize these long-settled areas to promote harmony with adjacent communities and prevent further encroachment while supporting national forest covertargets.

b.MountElgonForest-ChepyukArea

24. Mount Elgon Forest, covering approximately 91,997.16 hectares, was proclaimed a forest reservein1932andlaterdeclaredaCentralForestinI964. 2. 25.BoundaryadjustmentsundertakeninI939ledtothecreationof theElgonNativeLandUnit, commonly referred to as Chepkitale.Subsequently,in 1973, the Government resettled the Elgonyi Dorobo community to the Chepyuk Settlement Scheme covering approximately 3,686hectares. 26. Further developments occurred in 1992 when Chepyuk Phases ll and Ill were surveyed, covering approximately 4,607 hectares and comprising 2,576 plots intended for settlement. In 20oo, Chepkitale was gazetted as a National Reserve despite continued occupation by local communities. 4. 27.A 20l8Petition tovary forest boundaries to exclude ChepyukPhasesll and Ill was tabled and considered by Parliament in 2019,with recommendations supporting the excision. However, the process was not concluded. This Petition seeks to finalize that process. 28. Mount Elgon Forest, covering approximately 91,997.16 hectares, was first proclaimed a Forest Reserve throughProclamationNo.44of 1932,and later declared a Central Forest under Legal Notice No.174 of 1964(copy attached).Since its establishment, several boundary amendmentshavebeenundertakenasoutlinedbelow: 6. 29.InI939,the boundaries of theKavirondo Native Land Unit were altered,resulting in the 17,0o0hectares. 7. 30.InI973,theGovernmentresolved toresettle theElgonyi Dorobocommunityfrom theElgon Native Land Unit due to harshclimatic conditions.This resettlement was implemented through Legal Notice No. 51 of 1974, which allocated approximately 3,686 hectares on the lowerslopesof themountain,currentlyknownasChepyuk. 31. In mid-1992, Chepyuk Settlement Scheme Phases Il and Ill were surveyed, covering 5,252 hectares and comprising2,576 plots.The settlement comprised approximately 80%Dorobo (Mosop) and 20% Soy (Sabaot) communities. Phase Ill covers 2,865.42 hectares while Phase to 4,607 hectares in accordance with Approved Boundary Plan No. 175/49.

32. In 2000, the Chepkitale area was gazetted as the Mount Elgon National Reserve (Chepkitale). The reserve is currently managed by the Kenya Wildlife Service (KWS), although it remains inhabitedby membersof theElgonyi Dorobocommunity. 33. in 2018, the Ministry submitted a Petition to the National Assembly seeking the variation of theboundariesof MountElgonForestReserve.ThePetitionwas tabledon5thJuly20l8and subsequentlyreferred totheDepartmentalCommitteesonEnvironmentandNatural Resources and Lands for consideration.The Reportwas tabledbefore the National Assembly attached) 3. 34.Pursuant to Section 34 of theForest Conservation and Management Act,2016, the National Assembly is required to approve the variation of the boundaries of Mount Elgon Forest with the United Nations recommendation of attaining at least I0% national forest cover. A copyof theCommittee'sReport onthePetitiondated July20l9 is attachedfor reference.

C.KakamegaForest-Shiru/Shaviringa Area

35. The Government initiated a land exchange programme between private landowners in Mbale and the thenMinistry of Environment and Natural Resources.Under this arrangement,private landownersinMbaleweretosurrendertheirlandtotheGovernment,whiletheGovernment would,inturn,allocateforestlandwithinKakamegaForest. 36. An area measuring approximately-134.8 hectares in the Shiru area of Kibiri- Forest (part of the larger Kakamega Forest) was identified for this purpose. Subsequently, Boundary Plan No. 180/215 (copy attached) was prepared in anticipation of the de-gazettement. However, it is noteworthy that this plan was developed from Registry Index Maps (RiMs) by the Director of Survey without an actual ground survey, contrary to the required procedure. 3. 37.Inor about1992,36.0hectares of theidentifiedlandwas earmarkedforindividuals displaced came tobeknown as theShaviringaSettlementScheme. 4. 38.Although theShaviringaSchemewas intendedtocover36.0 hectares,agroundverification conducted by the Kenya Forest Service (KFS)inNovember 2019 established that the hectares. 5. 39.lmportantly, none of the areas earmarked for excision were formally de-gazetted. Consequently, they remain legally under the jurisdiction of the Kenya Forest Service, despite the fact that both Shiru and Shaviringa are fully settled.

• excisionof36hectaresforShaviringa.BothShiru andShaviringasettlementschemesarenow fully developed, featuring extensive public infrastructure, including schools and wellestablished road networks. The Ndung'u Report (Page 685) classified the Shiru and Shaviringa existingdevelopments.

41. On 30th September 2019, the Governor of Vihiga County submitted a request to the Kenya ForestServiceseeking thealterationof theKibiriForestboundariesinordertoregularize 385.

• 42.Thisrequestwas followed byPetitionNo.82of 2019,dated Ist October2019,which was submitted by the then Member of Parliament for Hamisi Constituency, Hon. Charles Gimose, a resolutiononsettlementandcompensationforfamilieswhohadbeendisplacedfromVihiga, Sabatia, and Hamisi Sub-Counties and subsequently resettled within Kibiri Forest.

43. The Ministry of Environment and Forestry responded to the petition,after which the Committee directed that the matter be processed through the Kenya Forest Service in accordancewiththelaw.

• 44.Both the Governor's request and the parliamentary petition were later presented to the KenyaForestServiceBoardofDirectorsforconsideration.

45. On 28th September 2021, a meeting convened by the Principal Secretary of the Ministry of Environment andForestryresolved toestablishamulti-agencyteamcomprising theMinistry ofInterior andCoordinationofNational Government,theMinistryof Lands andPhysical Planning, the Council of Governors,the National Environment Management Authority (NEMA), and the Kenya Forest Service (KFS).The team was tasked with addressing the degazettementoftheShiruandShaviringaSettlementSchemes. 46. The meeting further resolved that allegal procedures for boundary alteration must be strictly followed, and the County Government of Vihiga should formally petition the National AssemblyforthealterationoftheKakamegaForestboundarytoexcludethetwosettlement schemes, in line with the 1985 land exchange programme. It was also agreed that KFS and while the Ministry of Interior would provide security during the exercise. In addition, a joint field mission was to be conducted to engage stakeholders, and NEMA was to undertake an Environmental Impact Assessment(ElA) concurrently with the survey.Finally, the Petition, SurveyReport,and EIAfindingswere tobe submitted to theKFSBoard forconsideration. 47. Between 14th and 18th December 2021, the multi-agency team undertook a field visit to Shiru and Shaviringa, during which a series of stakeholder engagements were held. The team paid courtesy calls to the County Commissioner of Kakamega County and held consultations with

with the then Governor of Kakamega County, H.E. Hon. Wycliffe Oparanya. The visit also included a public participation forum held at Vihiga County Hall on I6th December 2021.

• 48.Duringthefieldexcursions,theteamvisitedthesettlementareasundertheguidanceof local eldersandallotteesandtraversedtheboundariesofShiruandShaviringaasdelineatedby committed,throughaletterdated10thJune2022,tofinancethesurveyandEnvironmental and Social Impact Assessment (ESlA) process. Thereafter,the Ministry undertook an Environmental Impact Assessment(ElA) in compliance with Section 34 of the Forest Conservation andManagementAct,Cap385.

4.1.2TheNationalLandCommission

TheChief Executive Officerofthe National Land Commission,Ms.KabaleTache Arero,MBS, appearedbeforetheCommitteeandmadesubmissionsonthePetitionasfollows:

49. Our forests constitute an integral part of Kenya's national heritage and remain a critical pillar ofenvironmentalsustainability andsocio-economicdevelopment.Kenyansderivenumerous benefits from public forests,including water catchment services,medicinal resources, fuelwood, grazing areas, and enhanced agricultural productivity arising from climate regulation functions. 50. Forest ecosystems further play a vital protective role by buffering communities against natural disasters such as mudslides,landslides,and floods,whichhave become increasingly frequent due to climate change.In addition,they support biodiversity conservation,sustainlivelihoods, 3. be undertaken with utmost caution, strictly guided by the Constitution and applicable legal frameworks, and with due regard to the need to safeguard these critical ecological assets for presentandfuturegenerations. 4. 52.However, the survival andcontinued existence of these forests is under significant threat fromunsustainablehuman activities,including encroachment for settlement,agricultural andtheincreasingthreatsfacingtheseecosystems,thatinformedtheiroriginalgazettement duringbothcolonial andpost-colonialperiods. 5. 53.The publicforests under consideration—TurboForest,Mount ElgonForest(Chepyuk),and Kakamega Forest (Shiru and Shaviringa)——are not unique in the range of ecological and socioeconomic benefits they provide, including their critical role as water catchment areas. 54. Consequently, any proposal to vary forest boundaries or degazette public forests, including those subjects of this Petition,is inconsistentwith the Constitution of Kenya,20lo.Such actionwould undermine the rightof everyperson to a clean andhealthy environmentunder

Article 42, and the State's obligation to protect and conserve the environment under Article 69.

• 55.Further, such proposals would contravene the principle of sustainable development under Article10(2)(d)and theprinciples of land policy under Article 60 of the Constitution,which require land tobe managed in a manner that is equitable,efficient,productive,and sustainable. These principles include equitable access to land, sustainable and productive management of resources,and theprotection of ecologicallysensitive areas.

56. In addition,variation of forest boundaries and subsequent degazettement would set a dangerous precedent for forest governance and conservation.Public forests are already significantly encroached upon, and granting this Petition would likely exacerbate further for the State, including Parliament, to regulate and protect forest resources. 57. It would also encourage similar claims over other public forests such as Ngong Hills, Aberdare Forest, Mount Kenya Forest, and the Embobut Forest complex, thereby undermining consistency, equity, and effectiveness in forest governance. 58. Moreover, such action would be inconsistent with Kenya's obligations under multilateral environmental agreements,including the Convention on Biological Diversity,as well as Articles 2(5) and 2(6) of the Constitution. WWhere genuine cases of displacement exist, appropriate redress should be pursued through established legal mechanisms for resettlement,includingtheSettlementFundTrusteesBoardunderSectionI34oftheLand Act,2012.

• 59.TheGovernmenthasfurthercommittedtoincreasingnationaltreecoverto30%by2032 These objectives require sustainedconservationof existing publicforests alongside restoration efforts on private andcommunity lands,in line with Article 69(2)and the realizationofenvironmentalrightsunderArticle42.
• 60.Allowingdegazettementofprotected forestswouldunderminethesenationalgoals and render environmental policy commitments unattainable.

61. The Government should therefore prioritize the identification and provision of alternative land outside protected forest areas,which are designatedas ecologically sensitive under Section12(2)of theLandAct,2012.Suchlandsarenot availablefor allocationandmustbe preservedforpublicuse,particularlyenvironmentalprotection andbiodiversityconservation. 62. The Commission expresses grave concern regarding the continued pressure to degazette public forests. It is essential that Parliament, in both Houses, fully appreciates the critical role of forests in climate regulation and ecological stability, and upholds the principle of sustainable

63. Our forests are increasingly at risk of ecological collapse due to encroachment and unsustainable land use practices, which significantly undermine their resilience and the public benefitstheyprovide. 2. 64.ParliamenthasaconstitutionaldutyunderArticle68oftheConstitutionnotonlytoregulate the conversion of land from one category to another, but also to protect, conserve, and ensureequitableaccesstopubliclandinthenationalinterest.

4.1.3MinistryofLands,PublicWorks,HousingandUrbanDevelopment

• 65.The Principal Secretary,State Department for Lands and Physical Planning,Hon.Generali Nixon Korir,CBS, appeared before the Committee on Thursday, 7th May 2026 informed theCommitteethatthesettlementschemes inManzini-TurboForest,ChepyukinMount ElgonForest,andtheShiru/ShaviringaareasinKakamegaForestwereestablishedbythe Government between the I970s and 1990s to settlelandless persons,squatters,retired forest workers, and communities displaced tofacilitate expansion of public utilities.
• 66.He stated that the allocation processes were undertaken through the Provincial AdministrationandrelevantGovernmentofficers,withbeneficiariesidentifiedandallocated land throughofficialprocedures.ThePSfurther notedthatwhile somephases,particularly Chepyuk Phases ll and ll, remain unregistered due to lack of formal degazettement, the timeduetonaturalgrowthandinformalsettlement.
• land tenure insecurity affectingthesettlers andpublicutilities establishedwithin theschemes, whileassuring-the Committee\_that\_the Kenya Eorest\_Service\_continues\_to\_protect\_the remainingforestareasagainstencroachment.
• 68.HefurtherinformedtheCommitteethatissuesrelatingtolandadministrationandforest management were best addressed by the National Land Commission and the Kenya Forest Service, respectively.
• settlementprocess,verificationof beneficiaries,and the need for formalizationof land ownershipwithintheaffectedareas.

70. The Committee sought clarification on the criteria used in identifying beneficiaries under ChepyukPhases I, Il and Ill, the authenticity of the beneficiaries'registers,and the legal status oftheoccupiedforestland.

• 71.TheCommitteewasinformedthattheoriginallistofbeneficiarieswaspreparedbythethen Provincial Administration and that thecurrent occupants largely comprisethe original settlers andtheirfamilies,althoughthepopulationhadincreasedovertimeduetonaturalgrowth and informalsettlement.

72. Stakeholders representing the affected communities submitted that several residents had furtherinformed theCommitteethatthematterhadpreviouslybeenpresentedbeforethe National Land Commission as a historical land injustice claim and that a multi-agency verificationexercisehadsubsequentlybeenundertakentoauthenticatethelistof beneficiaries. 73. The stakeholders stated that the initial register contained approximately 4,Il6 beneficiaries, while the verification exercise confirmed approximately 3,64l members, with additional claims arisingfrom deceasedbeneficiaries andpersonswhohadfailedtoappear during the verificationexercise. 3. 74.Members emphasized theneedfora clean,verified,and traceableregisterof beneficiaries, including national identification details, in order to avoid future disputes and irregular allocationofland. 75. The Committee further underscored the importance of balancing settlement of the affected communitieswiththeprotectionofremainingforestareasfromfurtherencroachment. Members observed that any settlement process should be undertaken transparently, with adequate public participation and inconsultation with relevant Government agencies, including theKenyaForestService and theNational Land Commission. 76. Members also noted the need for the Ministry to expedite the resolution of the matter in order toaddress thelong-standing issueofinsecurelandtenure affecting the affected communities.

4.2CommitteeInspectionVisits

77. The Committee undertook inspection visits intended to enable it to ascertain the status of thePetition on theground andreportitsfindings totheHouseregardingtheproposed degazettementofspecifiedpublicforest land.The inspectionsfocused onvariouspublicforest land claims relating to Turbo Forest at Mazini Area, Mount Elgon Forest at Chepyuk Area, andKakamegaForestatShiru/ShaviringaArea,aspresentedbyDeborahBarasa,theCabinet Secretary for the Ministry of Environment,Climate Change and Forestry.

a.Mt.Elgon(ChepyukPhaseIl and Ill)

78. During the public gathering held at Kipsigon Market Grounds in the Mt. Elgon (Chepyuk Settlement)area,variousstakeholdersexpressedsupportfor theproposed degazettement of the Mt. Elgon (Chepyuk Phase Ill and Ill) settlement land. Representatives from the Ministry initiated to address the long-standing challenges faced by residents due to the delayed degazettementofthesettlementareas.

wasthereforeviewed asnecessarytoensurecleardemarcationbetweensettlementlandand protected forest areas,thereby enhancingforestconservation efforts.Residentswere also encouragedtoplanttreesonatleasttenpercentoftheirallocatedland tohelppreventsoil erosionandlandslides.

• 80.RepresentativesfromtheNationalLandCommissioninformedtheCommitteethattheir earlier objection to the degazettement proposal had been based on the information initially presented through the Petition.However,following the site visit,they confirmed that the settlementareaswere fully occupied and developed withschools,dispensaries, Technical, extensive farming activities, with no existing forest cover within the settlement areas under consideration.

81. Members of the community expressed concern over the prolonged delay in regularizing the thatmanyfamilieshad occupiedthelandsince the1970s,yetthe allocationprocessremained incompleteduetothelackofformaldegazettement.Asaresult,theynotedthattheabsence of title deeds had denied residents the opportunity to fully utilize their land as collateral for loansandothereconomicopportunities.

• 82.Several submissions emphasized that a clear demarcationbetween settlement areas and from encroachment while also enabling the local community to support government-led forest conservation and restoration initiatives.Community members,therefore,strongly supported the ongoing degazettement process and appealed for its speedy conclusion.
• 83.ResidentsfurtherrecalledthatwhilePhaseIofthesettlementschemehadpreviouslybeen suffering and uncertainty among affected families. They requested the Committee to fastimprovetheirlivelihoodsthroughfarming,livestockrearing,andothereconomicactivities.

84. Submissions also highlighted that the uncertainty surrounding land ownership had previously contributed to security challenges and conflicts over land allocation within the area. It was thereforeobservedthatformaldegazettementandproperallocationbasedontheexisting list of occupants would promote peaceful coexistence among residents and minimize future disputes. 85. Elderly residents expressed appreciation to the Government and the Committee for taking steps to resolve the matter, noting that many original settlers had waited for decades to obtaintitledeeds.They appealedfor theprocesstobefinalizedpromptlysothatfamilies couldsecureownershipdocumentsandpassthelandtofuturegenerations. 86. Administrative officials further noted that the uncertainty over the legal status of the land had complicated the discharge of administrative responsibilities within the area. They observed

that regularization of the settlement would make administration easier and improve service delivery.

• 87.Communitymembers alsostated thatonceland allocations areregularizedandtitledeeds issued, residents would be able to engage more effectively in socio-economic activities such as farming, livestock keeping, business development, and educating their children. Leaders fromthe areaemphasized thatsecurelandownershipwouldempowerresidentstoaccess financial services and loans,therebyimproving livelihoods andfosteringlong-term economic growth within the community.

b.Manzini forest-TurboBlock

• 88.Themeetingwas attended by a broadrange of stakeholders,including officials from the Ministry of Environment, Climate Change and Forestry, the Kenya Forest Service, the National Land Commission, the Sub-County security team, members of the Turbo Settlement residents of the Manzini Forest Block settlement. The participants underscored the longstandingnatureof thesettlement and the urgentneedtofinalize the degazettementprocess to enable issuance of title deeds toresidents.

89. It was submitted that the settlement was established in 1995 following the identification and settlementofvulnerable and low-incomeresidents drawnfromneighboringlocations around the Manzini Forest Block. Since then, the settlement has grown into a fully established community occupying approximately I,240 hectares, with an estimated population of close to 20,oo0 residents. The area now hosts numerous social and public amenities, including primary and secondary schools, churches, a mosque, government administrative offices, cattle dips,shoppingcenters,and a cultural site. 90. Residents and community representatives noted that, despite occupying the land for over three decades and holding government-issued allotment letters, they continue to face significantsocial andeconomicchallengesduetotheabsenceoftitledeeds.Itwasemphasized

that thelackofsecurelandownershiphaslimitedresidents'abilityto accesscreditfacilities frombanks andfinancial institutions,investconfidentlyineconomicactivitiessuchasfarming surroundinglandownershiphasalsosubjectedfamiliestopersistentfearofevictionand hinderedlong-termdevelopmentwithinthesettlement.

• with succession processes already undertaken in some cases. Additionally, some parcels of land have been subdivided among family members,merged into larger portions, or transferred through family and informal arrangements over time. Stakeholders therefore requested that these realities be formally recognized and accommodated through a structured and lawful disadvantage to affectedfamiliesduringimplementation.
• 92.Themeetingfurthernoted that theabsenceoftitledeedshas affectedbothresidents and allegedly faced challenges in undertaking major projects due to the unsettled land status. It wasobserved thatissuanceoftitledeedsforbothresidential andpublicutilitylandwould unlock opportunities for investment and development, including the establishment of polytechnics, health facilities, water projects, and other essential services by both county and nationalgovernments.
• 93.Religiousleadersandcommunityrepresentativesalsoemphasizedthatthesettlementhas evolved into a peaceful and diverse community accommodating various faith groups and social institutions.They reiterated thatresidentshave suffered substantial losses and insecurity over theyearsduetounresolvedlandownershipissuesandappealedfortheexpeditious conclusionofthedegazettementandtitlingprocesstosecurethefutureofcurrentand succeedinggenerations.

94. Stakeholders further proposed the reconstitution of the coordination committee into a more inclusive andcrediblestructureworkingcloselywithGovernmentAdministrationoffices,in line with constitutional principles of public participation, transparency, accountability, and equitablelandgovernance.

• should be a transparent, inclusive, and fair verification exercise to identify legitimate beneficiariesfortheissuanceoftitledeeds.TheCommitteenotedthatthisprocesswouldbe essentialinbuildingpublictrust,ensuringaccountability,andpreventingfuturelanddisputes withinthesettlement.

c.KakamegaForestatShiru/ShaviringaArea

96. On Thursday, 27th March 2026, the Committee undertook a stakeholders' engagement meeting at the Shiru/Shaviringa Settlement Scheme in Kakamega County. During the engagement,theCommitteewasinformedthatin1985,theGovernmentofKenyaresolved tocreatespaceatMbaleinMaragolifor theestablishmentof thepresent-dayVihigaCounty Headquarters, including Mbale Teaching and Referral Hospital, County headquarters for the Police, Prisons, Administration, and other public amenities. 97. Consequently, members of the Maragoli community who occupied land within the affected areaswere evicted andresettled in theShiru/ShaviringaSettlementScheme.However,the proceduresrequired for compulsory acquisition of privatelandwere not adhered to,resulting in the subsequent declaration that the process constituted an illegal and irregular disposal of public land. 98. The community highlighted several anomalies arising from the process, namely that:

• i) Thoseevictedfromtheir ancestral landhaveremained,and continue tobe,thelegally registeredfreeholdproprietorsofthelandtheyvacated,forwhichtheystillholdtitle deeds;
• i) government institutions andpublic amenitieswere established;
• i) The persons resettled in the Shiru/Shaviringa Settlement Scheme have not been issuedwithtitledeeds,asthelandremainspartofKakamegaForest;and

7. iv) These matters have remained unresolved for thelast fortyyears. 99. The community therefore appealed to the Committee to approve the proposed degazettementprocesstoenableissuanceoftitledeedstotheaffectedresidentsof Shiru/ShaviringaSettlementScheme.

CHAPTERFIVE

5.0COMMITTEEOBSERVATIONS

UponhearingfromthePetitionerandotherstakeholders,theCommitteeobservedthat:

1. Public forests are constitutionally protected under Articles 42, 60, and 69 of the Constitution, and any proposal for boundary variation or de-gazettement must strictly comply with 2. The settlement schemes in Manzini-Turbo Forest, Chepyuk in Mount Elgon Forest, and the Shiru/ShaviringaareasinKakamegaForestwereestablishedby theGovernmentbetweenthe 1970s and 1990s to address cases of landlessness, squatter settlements, displacement arising fromtheexpansionofpublicutilities,andtheresettlementofretiredforestworkers. 3. 3.The allocation of land to beneficiaries was undertaken through the Provincial Administration and relevant Government officers using official Government procedures. However, the Committee noted that some areas remain unregistered due to the absence of formal degazettementoftheaffectedforestland. 4. 4.The current occupants of the settlement schemes largely comprise the original settlers and theirfamilies,although thepopulation within the areashas increased over time as a result of naturalpopulationgrowthandinformalsettlement. 5. 5.Theproposeddegazettementofthe affectedforest areaswouldfacilitatetheresolutionof land tenure challenges while enabling the continued protection of the remaining forest areas by theKenyaForestService. 6. 6.TheCommitteenotedtheneedforharmonization andverificationof allbeneficiaryrecords 7. 7.Pursuant to Section 34 of the Forest Conservation and Management Act, Cap.385: 8. a)ThePetitionwasforwarded totheNational Assemblyon therecommendationof the Kenya Forest Service. 9. b)The variation of boundaries of the public forests will not endanger any rare, threatened prejudicebiodiversityconservation,culturalsiteprotectionoftheforestoritsusefor educational,recreational,health or research purposes; 10. TheCabinetSecretaryresponsibleformattersrelated toforestry,within thirty days of thecommittalof thePetitiontotheCommittee,submittedarecommendationthatthe Petition should be approved after an independent Environmental Impact Assessment and publicconsultationhadbeenundertakeninaccordancewiththeSecondScheduleofthe Act;and 11. d)ThePetitiondisclosessufficientgroundsfor thevariationof theboundariesofthe following public forests:

• i.Turbo Forest (Manzini area) -approximately I,241.50 hectares;
• i. Mount Elgon Forest (Chepyuk area) -approximately 4,647 hectares; and
• ili. Shaviringa.

CHAPTER SIX

6.0COMMITTEERECOMMENDATIONS

Basedon the analysis of the grounds set out in thePetition;the findings from sitevisits;the engagementswithgovernmentagenciesandstakeholders;andhavingreviewedtherelevant provisionsof theForestConservation andManagementAct,Cap.385,theCommittee:

FINDs THAT,thePetitionby the CabinetSecretaryforthe Ministry ofEnvironment,Climate Change and Forestry relating to variation of boundaries of Turbo Forest (Manzini Area), Mount Schemes)providessufficientgroundsfor the variation of theboundariesof the specified publicforests;and

RECOMMENDSTHAT,theNationalAssemblyAPPROVES:

• 1.THAT, the boundaries of Turbo Forest be varied by excluding I,24l.50 hectares in the ManziniareafromtheoriginalboundariesoftheForestforthesettlementofthelandless squattersintheManziniForestBlock;
• 2.THAT,theboundaries of Mount ElgonForest bevaried by excluding4,647 hectares in ChepyukareafromtheoriginalboundariesoftheForestforthesettlementoflandless squattersinChepyukPhaseIlandPhaseIll;and
• 3.THAT,theboundariesofKakamegaForestbevariedbyexcluding94.99hectares atShiru and36hectares atShaviringafrom theoriginalboundariesof theForestascompensationfor beneficiarieswhosurrenderedlandtothegovernmenttoestablishpublicinstitutionsand government offices.

lon

Signature:....

..Date:...

Hon. Vincent Musyoka Musau, CBs, MP Chairperson,

Departmental Committee on Environment, Forestry and Mining

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