Lands PS: Govt will implement Court order restoring land rights of residents of five settlements in Nakuru County
Nakuru County, December 7th, 2024
Lands and Physical Planning Principal Secretary Generali Nixon Korir has assured residents of five settlements in Nakuru County that the Government will restore their ownership rights as ordered by the High Court.
The PS, who spoke on Friday at Kapsinendent, Mariashoni Ward, said the Ministry of Lands and the Forestry Department will embark on remarking the border between the settlements and the Mau Forest as per the directives of the Environment and Land Court (ELC).
PS Korir said the delineation of the boundaries will commence immediately and this will then be followed by the issuing of titles to those who were not covered in the initial process.
The PS said those who were alloted land in the settlements of Mariashoni, Sururu, Likia, Terit and Sigotik are known and the Government will ensure non residents do not interfere with the process.
He also announced that the surveying and Titling process was fully funded by the State and warned those who might be tempted to extort money from residents.
The PS was accompanied by his Forestry counterpart Gitonga Mugambi and many elected leaders led by Senate Majority leader Aaron Cheruiyot.
ELC Judge Justice J M Mutungi in a judgement issued on September 30th ordered that the residents whose land ownership rights were left in jeopardy for decades by an Executive decision in 2019, which contradicted a 2001 Legal Notice specifying the boundaries, should have their rights restored.
The settlements were established by the Government then to settle landless people.
Justice Mutungi said the residents had sufficiently proved that they were rightful owners and occupants in the pieces of land allocated to them after the Government excised land for the settlements through a legal process.
The Judge said the Legal Notice No. 142 of 8th October, 2001, which was never revoked, should be implemented. He directed the Government to, within a period of 12 months from the date of the Judgment, establish and delineate the forest boundaries within the Settlement Schemes by placing physical and visible beacons on the ground.
He also directed the Government to verify and authenticate the allottees of land within the Settlement Schemes and to issue titles to any of the allottees who may not have been issued title to land allocated to them.
In his judgement, Justice Mutungi said that after the delineation, those found to have encroached onto forest land should vacate forthwith.
To sustain environmental stability, the judge said the owners of land within the Schemes shall be required to ensure there is no interference with the riparian reserve of any rivers flowing through their lands and every land owner within the schemes shall be required to increase the tree cover in their parcels of land to a minimum of 30% of the land within a period of 60 months from the date of the Judgment.
"The Ministry of Interior and Coordination of National Government, the Kenya Forest Service, the National Environment Management Authority (NEMA) and the Water Resources Management Authority (WARMA) shall oversee the implementation of (6) above under the auspices of Article 69(2) of the Constitution," said Justice Mutungi.
Other leaders who spoke at the public Baraza included Nakuru Deputy Governor David Kones, Rongai MP Paul Chebor, Kuresoi North MP Alfred Mutai, Emurua Dikir MP Johanna Ngeno and Nakuru Women Rep Liza Chelule.
Ends.
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