North Rift farmers protest 44-year land control in controversial carbon credit deal

Several landowners across three counties in the North Rift have expressed shock after discovering that a carbon credit deal they signed with two foreign firms would give the companies control of their properties for 44 years. On Tuesday, the farmers staged protests against the deal they have termed as a scam. A section of farmers who signed agreements to give out the land for tree planting, and in return earn lucrative carbon credit cash every five years, said they shockingly discovered months after signing the deals that they were shortchanged. They alleged that they ran the risk of losing control of their land for 44 years and still share 50 per cent of the profits from the trees and other farm products with the firms. During the protest on Tuesday, the landowners who were seeking answers from officials of the companies were denied entry into the firms' offices, sparking tension. The angry farmers said they wanted to pull out of the carbon credit deal, which they claim was touted as lucrative contract farming, only for alleged oppressive clauses to be sneaked in. Joseph Mosop, from Kipchiloi in Keiyo South, said they initially signed agreements that gave the farmers unlimited access to their farms after planting trees but were later on puzzled by added clauses that negated the initial deals. Mr Mosop claimed that activities by the environment restoration groups turned suspicious after their officials asked farmers who offered land for tree planting to surrender their title deeds for a search. "I signed a three-page agreement with the two companies but I was shocked when they brought back another deal which had five pages and contained additional clauses that never existed in the original agreement," Mr Mosop said. He went on to say: "In the first agreement, the deal was that I give out my land for tree growing for 30 years but surprisingly it was changed to 44 years in the second agreement. "Initially, they persuaded me and many other farmers to sign the initial deal through individuals from our locality - people that we knew. Later on, strangers came to an agreement containing new clauses and demanded our title deeds," the agitated farmer further claimed. Hosea Koech, from Chepkorio, who claims to have provided three acres after learning of the sweet carbon credit deal wondered why officials from the companies denied him entry into their offices yet they have been promising farmers that they were free to come and ask questions. Kipruto Maiyo, from Metkei, said he was duped to donate 30 acres of land on behalf of his elderly parents only to discover questionable clauses in his agreement. Mr Maiyo said early this year, the carbon credit dealers visited his parents' farm without their knowledge just after introducing new clauses which he claims denied his family rights to manage the land and compelled them to co-share all proceeds from the property. "I have struggled since January this year to withdraw from this deal because we feel shortchanged. I came to their offices and expressed my intention to immediately withdraw from the deal but I was taken round in circles. I was told to write an e-mail, but I have not been withdrawn even after writing one," he claimed. Some farmers were promised that they would start earning from a carbon credit fund in five years. A field officer in the carbon credit market, Wilfred Yego, distanced himself from the new clauses in the agreement and said they were sneaked in without his knowledge. "The process started in 2022 under Earthbanc (registered in Sweden) and we on-boarded more than 4,000 farmers. Later on, we were informed that another company called Earthtree, which is a Kenyan firm, had joined the initiative and would be dealing with salaries and payments. Afterwards, complaints started emerging after the contracts were updated to accommodate the new company," Yego said. Through their lawyer Janet Cheruto, the environmental conservation companies said one of the companies, Earthtree, had no intention of taking away land from farmers. Ms Cheruto said the farmers were free to withdraw their membership. She said over 200 farmers from Uasin Gishu, Trans Nzoia, Elgeyo Marakwet, Baringo and Narok among other counties had been enlisted in the carbon credit deal. "We work with leaders and local chiefs and our activities are open. Our contracts are for 44 years because carbon takes time," Ms Cheruto said. She added: "We have not changed any contract. The farmers have been consulted and we have records, and consultations are still ongoing. Every time our officers go to the field, they do more consultations." According to the lawyer, the companies were not leasing land from the farmers and the deal was a partnership between the firms and the farmers to grow trees under the terms and conditions in the contract. "Finally, the trees will belong to the farmer. We don't demand land documentation from the farmer; through consultations, we tell them what is needed," she added. A contract between the companies and a farmer, and seen by The Standard, indicates that one of the firms called Earthbanc is a private limited company registered in Sweden while Eathtree is a Kenyan entity. But the two companies, according to the contract titled "Contract Farming and Carbon Servicing Agreement," have one representative identified as Rishabh Khanna. Clause 6.1 of the duties and obligations reads in part, "The landowner agrees to transfer full management rights of the land and right of use of assets on the land to Earthtree." "Under the terms of this agreement and any agreements, the carbon rights from the trees, shrubs and grasses planted shall belong to Earthbanc from the date of signing this agreement," clause 6.11 of the contract says in part. A section of farmers led by Ruth Kemboi, the Kenya National Farmers Federation, Uasin Gishu chapter defended the companies, saying it will create employment for the youth and increase earnings for farmers. "There is a tree nursery with 5.4 million seedlings. We want to dispute any opposition to the programme. Elgeyo Marakwet, Uasin Gishu and Trans Nzoia farmers are happy," she said.

North Rift farmers protest 44-year land control in controversial carbon credit deal

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North Rift farmers protest 44-year land control in controversial carbon credit deal

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