The Ministry of Environment has pledged an inclusive, transparent and consultative approach in designating Mukutani Forest as a public forest.
Forestry Principal Secretary Gitonga Mugambi affirmed that the 2017 gazettement was legal and community-initiated. He stated the declaration of 32,607 acres was executed under Section 31(2) of the Forest Conservation and Management Act (FCMA), 2016, following a formal request from the Ilchamus community.
Mugambi acknowledged to the implementation committee, chaired by Budalangi MP Raphael Wanjala at Bunge Towers in Nairobi, that public confidence, inclusivity, and community ownership are vital for sustainable forest management.
The Principal Secretary informed the committee that the Ilchamus community requested gazettement to tackle water catchment degradation, diminished grazing and riparian areas, human-wildlife conflicts, displacement and insecurity, and restricted access to cultural and sacred sites.
Mugambi highlighted that the gazettement had secured 13,195.8 hectares (32,607 acres) of vital ecosystem, supporting national climate resilience, biodiversity preservation, and the government’s 30 percent tree cover objective.
A public petition, however, indicated that the process leading to the gazettement of Mukutani Forest was deficient as it failed to satisfy all legal requirements, especially comprehensive public engagement and protection of community rights.
The petition questioned the adequacy of public involvement, adherence to statutory procedures, the validity of the 2017 gazettement, and the necessity for renewed consultations and verification.
Mugambi presented the ministry’s stance and continuous efforts to guarantee that all legal, procedural and stakeholder engagement requirements are fully consistent with the Constitution and the Forest Conservation and Management Act, 2016.
The committee’s findings also revealed inadequate public participation and lack of consultation with the National Land Commission and all affected communities.
The Departmental Committee additionally criticized the Ministry’s decision as outlined in Legal Notice No. 265 of 27th October, 2017 and directed a new process for the declaration of Mukutani Forest.
The committee stated the exercise should be conducted jointly by the Environment CS, Kenya Forest Service Board, the National Land Commission and all relevant stakeholders, and that proper procedure as specified in Section 34 of the Forest Conservation and Management Act, 2016, must be followed.
Mugambi informed the committee that the ministry recognizes the concerns raised and is dedicated to addressing them in a transparent and constructive manner.
To build trust, address petition concerns, and ensure the process meets the highest standards of transparency, the Ministry pledges to conduct adequate stakeholder engagement for Mukutani Forest.
He stated the renewed process will incorporate complete and inclusive public participation.
The Ministry will ensure all affected and interested parties are meaningfully involved through Community barazas, stakeholder forums, public notices, information sessions, and documentation and publication of all received views. This will guarantee the community’s voice remains central to the process.
Mugambi added that the ministry will collaborate closely with the National Land Commission, Baringo County Government, Kenya Forest Service, all communities and their leadership and elders, Community Forest Associations (CFA), local administrators and civil society organizations.
He stated the ministry is committed to conducting comprehensive public participation and stakeholder engagement by the end of August 2026.
The Ministry remains committed to protecting Kenya’s forests while maintaining constitutional values, community rights, legal compliance, and national development priorities.
Senior officials from the State Department for Forestry were also present, led by Forestry Development Secretary George Tarus and Chief Conservator of Forests Alex Lemarkoko.
The National Assembly’s Public Petitions Committee, in its report, indicated that the process leading to the declaration of Mukutani Forest as a public forest was conducted in ‘brazen and egregious violation of the Constitution of Kenya and the Forest Conservation and Management Act, 2016.’
The Committee determined that the process leading to the gazettement of Mukutani Forest was flawed as it disregarded legal requirements, particularly comprehensive public engagement and protection of community rights.
The committee established inadequate public participation and lack of consultation with the National Land Commission and all affected communities, which it said violated the Constitution and the Forest Conservation and Management Act.
The committee recommended that the proper procedure outlined in Section 34 of the Forest Conservation and Management Act, 2016 be followed.
Separately, the Environment and Lands Court in Nakuru recently determined that Arabal Location is community land as defined by Article 63 of the Constitution.
Justice Millicent Odeny observed that the County Government of Baringo holds it in trust for the community until registration is finalized under the Community Land Act.
The judge stated the gazettement in that instance was unconstitutional, illegal, null and void.