Mau forest evictions infringed children’s rights, E. African court told

The pupils were in class when they suddenly felt the heavy presence of Kenya Forest Service (KFS) officers, armed with guns and dressed in military gear.

In moving testimony, Aron Korir, who was a Standard Eight candidate at Koitabai Primary School in Narok County, told the East African Court of Justice how KFS officers stormed their classroom and sent them scampering out.

The boy, now 17 years old, was one of 5,000 pupils who lodged a case at the Arusha-based court in 2019, saying their rights had been violated when more than 40,000 people were evicted from the Maasai Mau forest by the government that year.

"There were 27 students (candidates) and we were all in class. They came to our class and shouted for us to move, saying we were in a forest. They did not use their guns on us but we were scared of them and so we ran," he told the five-judge bench hearing the case last week.

As they fled, the school was vandalised. Some students were injured as they ran. Via Zoom, the teenager addressed justices Audace Ngiye, Yohane Masara, Charles Nyachae, Charles Nyawello and Richard Muhumuza. 

He said, "We ran home but when we got there, we realised that our homestead had been burned too...my parents were chased by KFS too.”

He explained that the events had disrupted his preparations for the Kenya Certificate of Primary Education examinations, which he sat at a neighbouring school amid homelessness.

Having scored 250 marks (out of 500), he said, he was unable to proceed to secondary school because his parents had been evicted and could no longer make money from farming.

The case was brought by Kericho Governor Paul Chepkwony on behalf of the children affected by the closure of 23 primary schools in the area. 

The children's lawyer, Kimutai Bosek, argued that the KFS officers had violated the rights of the children in the violent evictions from settlements in former group ranches in Narok County bordering the Mau forest. 

"The destruction of schools violated article 28 of the Basic Education Act number 14 of 2013, which guarantees a child's right to free and compulsory education," Mr Bosek stated.

Governor Chepkwony had lined up eight witnesses, including the boy, who testified from Nairobi in a five-day virtual court session that ended on Friday.

The governor told the court, “On or about the month of July 2018, the respondent (government of Kenya) through its officials and/or agents and particularly, the Narok County Commissioner, one Mr (George) Natembeya, embarked on a programme of forcefully evicting civilian population from their dwelling places and homes in the most cruel, horrifying, degrading, traumatising and inhumane manner.” 

Mr Bosek argued that the evicted people held lawful title deeds issued by the government and which had not been revoked under the law. 

He also said that only three forests in the Mau complex in Narok had been gazetted and not the area in question.

"The Ol Pusimoru, Trans Mara and Southern Mau forests were the only ones gazetted. The expansive Maasai Mau area, which was allegedly encroached on by the settlements, remains ungazetted," he said.

He quoted several documents, including the Prime Minister's Task Force report on the Mau compiled in the 2000s.

The non-gazettement meant that the area was community land under the jurisdiction of Narok County and not the national government. 

The involvement of KFS, police and other State organs was, therefore, unlawful, he argued.

However, State Counsel Oscar M. Eredi urged the court to strike out the case on the grounds that the alleged actions did not meet the threshold required under Article 30 (1) of the East African Community Treaty. 

“The respondent vehemently denies the allegations set out therein and more particularly denies allegations that the government of Kenya through its security organs particularly the Kenya police carried out the forceful evictions of civilians from their dwelling places, raped, physically tortured and destroyed homes and property while violating children’s rights and generally acted without due regard to the law…” he said. 

Four witnesses for the State testified that no schools were destroyed, arguing that the schools were unregistered except for one identified as Osotua Primary School.

The case was adjourned until next month.

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