MPs outline conditions to be met before forests can be degazetted
Section 34 of the Act allows Parliament to revoke the registration of public forests following a petition.
A parliamentary committee has outlined key requirements the government must meet before approving the removal of forest protection on 6,708 hectares to formalise long-standing human settlements.
The National Assembly Committee on Environment, Forestry and Mining, which is examining the petition, has asked Cabinet Secretary Deborah Barasa to submit evidence showing public participation reports, proof of Cabinet approval, an independent Environmental Impact Assessment, and recommendations from the Kenya Forest Service.
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The committee declined to meet with the State Department for Forestry’s PS Gitonga Mugambi, insisting that only the Cabinet Secretary appear before them.
Barasa’s petition seeks Parliament’s approval to degazette 989.17 hectares of South Nandi Forest, 1,241 hectares of Turbo Forest, 4,647 hectares of Mt Elgon Forest, and 130.99 hectares of Shiru and Shaviringa forests in Kakamega.
The move would allow residents who have lived in these areas since the 1980s to obtain legal title deeds.
She noted that historical settlement schemes, land swaps, and public infrastructure projects justify the claims.
According to the ministry, an Inter-Ministerial Committee determined that the areas are occupied by residents who have engaged in activities other than forestry for extended periods.
The KFS Board then recommended regularisation of these lands through boundary adjustment under Section 34 of the Forest Conservation and Management Act, a step already approved by Cabinet before submission to Parliament.
Section 34 of the Act allows Parliament to revoke the registration of public forests following a petition.
The parliamentary committee is expected to release its report within 60 days.
If the petition is found to have merit after consulting all relevant stakeholders, Parliament’s endorsement would formally allow the degazettement process to move forward
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