Court stops eviction of Chebombai community from Mt Elgon Forest
A view of Mt Elgon Forest in Bungoma County. The Land Court in Bungoma has stopped the eviction of Chebombai community members from the forest until a case they have file is determined.
The Environment and Land Court in Bungoma has stopped the eviction of Chebombai community members from Mt Elgon Forest.
Justice Boaz Olao ordered the government to put a stop to the planned eviction of the community from the land in North Malakisi/North Wamono until a case before the court is heard and determined.
The court also ordered that all parcels of land outside the cutline between Cheptais Forest and Chebombai area should not be interfered with as hearing of the application continues.
Through their lawyer Joseph Onchiri, the 154 petitioners have argued against their removal from what they say is their ancestral land.
Lawyer Joseph Onchiri, who is representing members of the Chebombai community, at Bungoma Law Courts.
Honour cutline
They argue that the government should honour the cutline that was established and also respect the title deeds they say were issued to them after the cutline was placed.
They argued that they have built houses and other developments on the land and that they would be disadvantaged were they to be moved from the land.
Justice Olao certified the application as urgent and issued an interim order restraining the government from evicting or harassing the community.
The judge also stopped the destruction of crops and the torching of homes until the case is heard and determined.
The group has sued the Bungoma county commissioner, principal secretary for Interior, as well as the land registrar and chief land surveyor in Bungoma County.
Others sued are the National Land Commission, Kenya Forest Service and principal secretaries for Lands, Environment and Forestry as well as the Attorney-General.
"The respondents will have 14 days from the date of service to file and serve their responses and submissions and the affidavit of service [should] also [be] filed," the judge ordered.
Supplementary affidavit
Justice Olao stated that the petitioners will have three days from the date of service, if they so wish, to file and serve the supplementary affidavit.
The court plans to deliver a ruling on June 30.
The government, through Kenya Wildlife Service and Kenya Forest Service, had embarked on evicting all illegal forest cultivators, which the Chebombai community now says threatens their homes.
A number of residents of Cheptais depend on Mt Elgon Forest for cultivation of crops as they take care of indigenous trees and also keep bees for honey.
However, the government banned forest cultivation, saying a number of farmers had taken advantage of it to engage in illegal logging, charcoal burning and hunting of wild animals in the forest.
Forest rangers have been destroying crops, arresting trespassers and torching houses constructed by the community.
