By Standard Team
Kenya Forest Service has stirred a fresh storm over Mau Forest Complex by giving illegal settlers 14 days to vacate the water tower without a word on compensation. It also did not mention alternative land for evictees and compensation structure per hectare, and if at all it also targets plantation owners. Counting from August 3, when KFS put up the notice, it means the illegal occupiers have just nine days left, to wilfully pull down their homes and leave.
The service, which is under Forest and Wildlife Minister Noah Wekesa, could have put the Kwanza MP’s office on a collision course with that of Prime Minister Raila Odinga, who has the presidential mandate to reclaim forestlands to restore water towers.
It is expected that the PM will next week establish an interim secretariat to co-ordinate the implementation of the Cabinet decision on the Mau Forest Complex for a period of two years. KFS’ action, however, raised the fears of duplication of roles, conflicting orders, and confusion in management of the Mau issue, which has shown it could destabilise current political alliances.
The notice, which has raised fears of the settlers they could go empty-handed, was not specific on whether illegal occupiers include those who bought land from holders of illegal title deeds, and those who hold genuine titles for public forest lands.
shoved out
The notice also raises questions on why the settlers would be shoved out before some of the key recommendations Cabinet agreed the Government must first implement on July 30, were realised. They include:
• Demarcation and gazettement of all critical water catchment areas in the Mau Forest Complex and institution of their management according to the Water Act 2002.
• Issuance of a notice of three months to non-deserving people who were allocated land to surrender title deeds.
• Surveying, demarcation and issuance of title deeds for the 22 forest blocks in the Mau Complex.
• Compensation of third party purchasers for value where applicable.
• Setting up of conflict resolution mechanisms to address conflicts arising from use of natural resources management.
• Issuance of a notice of three months to non-deserving people who were allocated land to surrender title deeds.
The notice, which Rift Valley MPs say flies in the face of withdrawal agreement reached with President Kibaki, does not however specify what would happen if the notice lapses and its targets have not moved out.
But as Rift MPs, who threatened to severe political links with Raila on Sunday, spoke out, sources at the PM’s office intimated Wekesa’s office could have jumped the gun. But yesterday Raila refused to comment on the KFS advert. Sources, however, revealed he would follow his own programme of action, which includes progress report to the President and Cabinet.
The restoration programme is expected to cost Sh37 billion, but excluding compensation of those holding five hectares and less — as was agreed by Cabinet.
A KFS official, who spoke to The Standard on condition of anonymity because of non-clearance to comment on the matter, said the service had taken the notice to the PM’s office for approval but he was away in Italy.
"As KFS we do not need any mandate from the PM’s office to do our job. KFS has been blamed for doing little on the Mau. Now we are doing our job. We will evict all those who hold no title deeds from the forest."
Independent sources at the PM’s office, however, intimated that the notice was irrelevant, as it did not have the PM’s authority.
"The PM saw it just like you and me — on the paper. He has nothing to do with it,’’ said a source.
Deputy Prime Minister Uhuru Kenyatta, who is also Finance Minister, said he would seek money to compensate settlers. While on a campaign trail this week in Bomachoge, he accused some politicians of misleading Kenyans on Mau forest evictions.
Speaking at Egetugi market in Bomachoge during campaigns for PNU candidate Joel Onyancha, Uhuru said those with title deeds would be compensated.
"The Government intends to compensate Mau settlers. We won’t forcibly evict settlers and the Government will ensure the process is as humane as possible," Uhuru said.
Energy Assistant Minister Charles Keter, and ODM MPs Isaac Ruto, Julius Kones, Zakayo Cheruiyot, Julius Kones, Magerer Langat, Benjamin Langat and Kanu Secretary General Nick Salat separately condemned the move.
They said that there should be orderly reclamation of land, to pave way for compensation and that the law on compulsory acquisition should be implemented.
Orderly reclaimed
The MPs said they had met with President Kibaki and Raila and separately agreed that there would be orderly reclamation.
Keter said it was ironical for the Government to issue a blanket notice to settlers without specifying which category of people would be affected. Keter added: "It is ridiculous that KFS have issued the notice when demarcation of the forest and private land has not been done."
The Belgut MP said there was need for statistics of people in the complex to be sought before a blind quit notice was given — something he argued would have far reaching effects.
Terms of payment
"We are all in agreement that the Mau complex be conserved but alternative land for the families settled in it should be identified and terms of compensation agreed upon," Keter said, in a statement.
Ruto, the Chepalungu MP, said the notice shows myriad contradictions. He argued KFS had overstepped its mandate by ordering people out of their farms.
"We are rallying the people to ignore the directive until there is a clear and agreed upon method," he said.
He said that the move negated what Raila has always said about compensation.
Dr Kones asked the families to ignore the quit notice while Cheruiyot asked: "What happens to the registered public schools, students and teachers in the complex, what of the KCSE and KCPE candidates?"
"The best the Government could do is to compensate the families to allow them resettle elsewhere instead of creating a humanitarian crisis," Magerer said. Ainamoi MP Benjamin Langat said the Government should handle the eviction with utmost care.
