State hands back Amboseli National Park to the Maasai

The Government has handed back Amboseli National Park to the Maasai in what appears to be a move to woo the community into the Banana camp before the November 21 referendum.

President Kibaki on Thursday directed that a legal notice be issued to ensure the park was returned to the community as trust land.

Through a special gazette notice issued on the same day by Tourism and Wildlife minister Morris Dzoro, the park now becomes a national reserve and will be run by Olkejuado County Council.

Yesterday, Health assistant minister Gideon Konchellah and Kajiado South MP Katoo ole Metito led the community in declaring that they would support the Government since it had corrected a wrong committed 31 years ago.

They said the Sh250 million the park generated in gate fees every year would henceforth be managed by the community. In August, the park collected Sh40 million.

The decision to return the park to the community was reached at a meeting at State House, Nairobi, with President Kibaki, who directed that the community be given the rights to manage the reserve.

Also present at the State House meeting on Thursday were Transport minister Chris Murungaru, Narok South MP Stephen ole Ntutu, attorney-general Amos Wako and director of public prosecutions Keriako Tobiko.

But in a quick rejoinder, some Maasai leaders said the decision would not change their stand against the proposed new Constitution.

Speaking at Bomas of Kenya, officials of Maa Civil Society Forum urged the community to reject the move, saying the proposed new Constitution was clear that all national parks and game reserves would revert to the Government. They criticised MPs Konchellah and Metito for not consulting the community before the State House visit. 

Their views were supported by Cabinet minister William ole Ntimama, who described the move to return the Amboseli as a "desperate measure to secure Maasai votes" in the referendum.

Mr Ntimama said article 80 (1) (g) of the new Draft put reserves under the National Land Commission.

He added that the decision was unlawful as it required a parliamentary resolution to give the park back to the Maasai. Said Mr Ntimama: "It is a hoax...a desperate effort to get the Maasai votes during the referendum. This is flouting of the law."

Yesterday, Mr Konchellah accused some Maasai leaders of peddling lies and distorting provisions of the proposed new Constitution for political gain.

"They are lying to our people that this Draft will take away the Maasai Mara and Samburu national reserves," he said.

There will be a ceremony to hand over the reserve to the locals today at Amboseli as other Maasai converge on Suswa to back the No campaign.

Head of the Public Service and secretary to the Cabinet Francis Muthaura refuted claims that the Government would take the management of national reserves if the proposed new Constitution was passed.

Mr Muthaura said in a statement that the responsibility of the Government would be to ensure natural resources were sustainably developed and managed to benefit Kenyans. 

He added: "National reserves such as Maasai Mara, Samburu and others do not come under the article and they do not therefore fall under the mandate of the national government."

The 20,000-member Siana Wildlife Conservancy in Maasai Mara also announced they would vote against the proposed new Constitution. 

In a statement signed by Mr Sammy ole Nkoitoi, the conservancy said the document would force the Maasai to cede the Maasai Mara Game Reserve and other sanctuaries in Kajiado and Narok districts.

The Kenya Wildlife Service, he added, in conjunction with the council would manage the reserve.

He declared that the Gazette notice resolves a case lodged by the community at the High Court demanding reversal of the 1974 decision to take charge of the park.

The notice reads in part: "In exercise of the powers conferred by sections 18 of the Wildlife (Conservation and Management) Act, the Minister for Tourism and Wildlife, after consultation with Olkejuado County Council, hereby declares the area of land described in the schedule hereto to be a national reserve which shall be known as Amboseli National Reserve, to vest in and be held by Olkejuado County Council."

The coordinator of the Maa Civil Society Forum, Godfrey Ntapayia, wondered said the management of Amboseli by Olkejuado County Council would only be temporary adding that it would be null and void if the new constitution came into effect. 

"We are convinced that this is another divide and rule strategy to draw rift between the community and undermine its solidarity," he said.

The forum officials asked why the transfer was only being done in Kajiado and not in Laikipia, Transmara, Isiolo, Marsabit, Nakuru, Samburu and Narok.

The elders said the termination of a case against the Maasai arrested at Uhuru Park while on a peaceful demonstration last year was yet another move woo the community into the yes bandwagon.

They argued that the proposed constitution considered grazing lands as idle and would be under the control of the National Land Commission.

Mr Ben ole Koissaba, the chairman of the Maa Civil Society Forum, challenged Mr Metito and Konchellah to attend today's meeting at Suswa which would discuss the proposed constitution.

"Should they fail to show up it shall be taken as confirmation that they are on the wrong and should apologise," said Mr ole Koissaba.