Upcoming construction on disputed land
Environment and Forestry Cabinet Secretary Keriako Tobiko has reiterated that operations to reclaim encroached and illegally acquired land on Ngong Road forest will go on, to restore and protect the forest.
Tobiko has said the government will not negotiate repossession of illegally acquired land and the purported allocation was illegal and unlawful and the purported title deeds are illegal, invalid and null and void.
“It is the policy of the Government to ensure that in terms of its constitutional obligations forest land that has been illegally acquired or encroached upon is reclaimed, conserved and protected irrespective of ones community, tribe, political party affiliations & ones social status” The CS affirmed.
Appearing before National Assembly's Environment and natural resource committee today, the CS told the committee that over time, several parcels of land in the un-degazetted forest area of Ngong Road Forest Reserve were illegally and fraudulently allocated to various individuals, companies and other entities and purported titles in respect thereof issued.
He advised those who claim to have pre-existing rights in the forest land like in the case of the Ogiek community, there is a mechanism for determination of historical injustices, and native/customary titles and that is the avenue they should take.
The CS told lawmakers that directors of most of the entities and companies which were listed as initial beneficiaries could not be traced at the Registrar of Companies and others distanced themselves from the claims.
He said that 207 individuals and companies benefited from the illegal allocations, and reaffirmed that the land will be repossessed. A company like SENECA holding Ltd which was listed as a beneficiary refuted claims that they have been allocated or owned any parcel of land within the forest.
“Further, any subsequent sale, disposal and/ or transfer of any such illegal and invalid titles will not confer to the 3rd party any or any legal/valid property ownership, rights, and/or interest recognized in law” stated the CS.
Citing the Langata Women Prison land, which originally was 34 acres and was reserved for Nairobi Prison and is still part of the un-degazetted forest reserve, was illegally and fraudulently allocated to 3 allotees namely; Arladyks Investments Limited, Prilscot Company Limited and Mr. Onesmus Ngunjiri; who subsequently, subdivided, sold and transferred to 3rd parties, a number of whom have since constructed and/or built on it.
This has given rise to a number of residential Estates (KMA, Sunvalley I, Langata Gardens, Langata View and Shalom Estate) and St. Mary’s Hospital.
Ngong Road Forest was declared a Central Forest in 1964 and measured approximately 1,506.88 Ha it was however by a number of Proclamations and Legal Notices been reduced to 1,328.74 Ha.
The CS decried incessant encroachment into public forests which roughly stands at 130,935.81 hectares forming 5.1% of the total public forest area and remains a perpetual issue that the Ministry through Kenya Forest Service and other Government Agencies continue to tackle. #GreenSpaces #RestoringPublicSpaces #NgongRoadForest #TreesForBetterLives
