Michuki orders eucalyptus trees near rivers uprooted

By Kepher Otieno

Environment Minister John Michuki has ordered the uprooting of eucalyptus trees on wetlands.

The move is likely to ruffle feathers in the conservation circles.

In a circular obtained by The Standard yesterday, the minister says the tree species, widely planted in many parts of the country, was a threat to the environment, especially in water catchment areas.

But experts have poked holes into the minister’s directive, saying it had no legal backing.

Investigation by The Standard has established that Section 42 of Environmental Management and Co-ordination Act, which deals with the protection of riverbanks, lakeshores and seashore, was deleted from the Constitution two years ago.

This, legal experts say, could render the directive ineffective.

Mr Mark Oloo, an environmental lawyer with the Institute for Law and Environmental Governance, said Mr Michuki’s directive would not be implemented because it lacked legal backing.

"Environmental officers cannot enforce the directives because they require legal backing, which was deleted in the Constitution in 2007 through an amendment in Parliament," said Oloo.

Ceased to exist

He told The Standard the laws were scraped by Act No 5 of 2007 under the licensing laws (Repeal and Amendment) Act.

"Shockingly, why was it done under the Licensing Act yet Section 42 did not deal with protection and conservation laws at all?" he asked.

In March, Michuki gazetted the directive under Section 42 in exercise of powers conferred to him by Section 42(3) and 147 of the Environmental Management and Co-ordination Act, 1999. The Act promotes the integration of sustainable use of water resources.