Nema and KFS locked in legal tussle over tree harvesting in forest

By Munene Kamau

The Kenya Forest Service (KFS) has been taken to court for failing to comply with an order to stop harvesting trees from Mt Kenya forest.

The National Environment Management Authority (Nema), in papers filed at the Kianyaga Law Courts, says the KFS failed to prepare an Environmental Impact Assessment report before clearing 20 hectares of trees within Kirinyaga County.

The offence attracts a fine of up to Sh2 million or a jail term of two years as provided by the Environment Management and Coordination Act.

Nema has also slapped a second charge on the State corporation for failing to comply with a lawful order issued on September 2 that required KFS to cease timber harvesting at the Nyagithuchi section of the Mt Kenya Forest.

"Within seven days of the receipt of the order, you are required to carry out an EIA or provide a plan committing to carry out the exercise," reads part of the restoration order issued by Kirinyaga County Environment Officer Samuel Nyaga.

Pine trees

The orders were issued to KFS Kirinyaga Zonal Manager Francis Misonge after he allegedly allowed the harvesting of pine trees in Castle and Kamwiti sections.

In its third charge, Nema accuses KFS of hindering its environment inspectors from carrying out their work alleging they were blocked at Kimunye gate on September 21.

They included Nyaga, environment enforcement officers Michael Kadie, Ruth Okwara and Moses Mburu, who were on an inspection tour of the forest.

KFS is expected to take their plea tomorrow when the case comes up in court and also to prepare their defence.

Meanwhile, tension is high within Karandi section where a sawmill has been put up at the edge of the dense forest.

The KFS has put armed rangers on a 24-hour guard with strict instructions not to allow anyone into the forest.

On Tuesday, some journalists who attempted to take pictures of the sawmill had to run for dear lives upon being charged at by an irate mob and the armed rangers.

Confrontation

Last Friday, Nema Director General Dr Ayub Macharia toured the forest following a confrontation between his officers and forest guards the previous day.

He said the organisation was not opposed to harvesting mature tress, but the right procedure has to be followed to ensure mitigations are put in place to cover the open spaces created by logging.

"We have to follow the law to safeguard against depletion of our forests by logging without mitigation measures," Macharia said.