Government plan for public participation in Imenti Forest project is illegal

Stakeholders say Imenti Forest public participation is unlawful after the project rollout. [File, Standard]

The National Government's plan to hold public participation on an airstrip project inside Imenti Forest is illegal, various stakeholders have said.

Alongside the airstrip, the Meru

County government, in partnership with the national government, also plans a state lodge and a golf course in Imenti Forest, in Meru County.

Never has a development plan faced such levels of opposition, with conservationists, community-based organisations and the general public expressing their feelings in different forums.

The government is determined to implement the state lodge and airstrip projects, and has made that clear in recent days.

While President William Ruto and Meru County Governor Isaac Mutuma have told off those opposing the projects, the Kenya Forest Service (KFS) has said the proposed airstrip.

Speaking at Burieruri Boys last week, President Ruto told off those opposing the mini state house project.

"I hear there are some people who are opposed to a state lodge. We have built them (mini state houses) elsewhere, so why can't we do it in Meru? Who says the president cannot stay in Meru?" he posed.

Governor Mutuma said they were keen to implement it, something that had also been affirmed by Forestry Principal Secretary Gitonga Mugambi.

The KFS had also started clearing the site for the airstrip project, with Mr Mugambi stressing that they wanted to finish the project quickly.

In a bid to stop the project which they said threatened biodiversity, Mugambi Imanyara, Charles Mutuma, Mwende Kirera, Michael Koome and Douglas Mwiti sued the county government of Meru, Kenya Forest Service, the Cabinet Secretary for Environment, Climate Change and Forestry, and National Environment Management Authority.

Justice Oguttu Mboya of the Environment and Land Court at Meru issued orders halting the project, pending determination of the suit.

In a strange twist, the KFS has now convened a public participation forum on the airstrip project, slated for Wednesday at Meru National Polytechnic.

"KFS proposes to construct an airstrip and ancillary infrastructure at Kithoka Beat within Upper Imenti Forest (Meru Forest Station) to enhance aviation access for forest management, emergency response, and regional economic development," read part of the invitation letter signed by Chief Conservator of Forests Alex Lemarkoko.

KFS said preliminary site surveys and wind assessments had confirmed the suitability of the proposed site for the airstrip project, and that it will occupy approximately 11 acres.

In deflecting worries expressed by different conservation groups, KFS maintained that the project site was characterised by sparse vegetation cover and is therefore expected to result in 'minimum ecological disruption.'

"In compliance with the Constitution of Kenya, the Environmental Management and Coordination Act (EMCA), 1999 (Cap 387), and the Environmental (Impact Assessment and Audit) Regulations, 2003, KFS is undertaking an Environmental and Social Impact Assessment (ESIA) for the proposed project," it said.

KFS invited the stakeholders to the forum to be hosted at Meru National Polytechnic on July 8 as it seeks to convince them of the viability of the project.

"The purpose of the forum is to actively consult with the stakeholders on the impacts of the proposed project, receive and incorporate feedback, and assure the public that all possible measures are taken into consideration to keep the project within the legal and public interest framework," Mr Lemarkoko said.

Charles Mbogori, the Chairman of Imenti Development Forum (IDF), a community-based organisation, termed KFS's plan to hold public participation on the project an illegality and contempt.

"What should come first - public participation or cutting trees and levelling the ground? The construction started, so why the afterthought? In the view of Imenti Development Forum, we are saying that by bringing the public participation at this point, the government should accept that it has put the cart before the ox," Mr Mbogori said.

He added: "IDF maintains that the project should be shelved. The government can buy land in Ruiri or use the Meru University land for some of these projects."

IDF Vice Chairman Kairu Magambo said the planned public participation is a blatant disregard for the rule of law and a disregard for court directions. 

 "This public participation should have come way before the start of construction, which was by itself illegal. As they say, it is like putting the cart before the horse. The people of Meru are being taken for granted and what they are being told is that their views do not matter. It is just a formality to fulfil a certain end. KFS is a constitutionally established entity and it should follow the law in its undertakings. Their mandate is to protect the forests and not to destroy them," Mr Magambo stated.

Prominent lawyers Muthomi Thiankolu and Mugambi Kiogora also questioned the legality of the Wednesday event.

"Public participation as a matter of law is undertaken before a project kicks off. The essence of public participation is for residents and interested parties to give their views concerning such a project. Undertaking any public participation after kicking off the project is not only illegal but a process meant to sanitise the illegalities already done or occasioned by the illegal constructions being undertaken," Mr Kiogora said.

Mr Thiankolu added: "I doubt the public participation is lawful in the circumstances."