Court stops logging ban lifted by government

After the government lifted the ban on tree cutting in the country one month ago, the Environment and Lands Court has put an end to the smiles of loggers and sawmill owners.
President William Ruto’s order legalizing logging was suspended by Justice Oscar Angote in his decision in a case brought by the Law Society of Kenya (LSK).
To restore the nation’s forest cover, the government outlawed logging in 2018. But on 2 July, 2023, Dr. Ruto declared that the Kenya Kwanza Government had developed a strategy to permit logging.
“Orders are granted delaying the government’s instruction for the cancellation of the previously published gazette notices for the de-gazettement of forest areas as forests and the re-introduction of the shamba system. Orders are obtained prohibiting the respondents from issuing such tree-felling licenses or permits,” Justice Angote ruled.
Kennedy Waweru, an attorney for LSK, stated that there was no scientific evidence or research demonstrating that Kenya had an abundance of trees that could be cut down by loggers and sawmills.
Waweru added that while the president claimed that families and those who live close to woods will benefit from logging, the majority of Kenyans will ultimately suffer due to climate change.
He added that the President’s action was too extreme and that there had not been any public input before the prohibition was lifted.
Consequently, Waweru argued, “it is at the core of the sustainable development agenda and noting there is lacking such scientific research nor policy outlining the Kenyan case based on the underlying legal provisions, that the Honorable Court must find it necessary to issue the Orders sought herein in the interim failure of which the irreversible effects of deforestation shall continue to ravage the country.”
Waweru claims that no official records exist that reflect the President’s announcement made on the roadside.
He claimed that since the President lifted the moratorium, the media has reported on the harmful repercussions of logging.
The court was informed that uncontrolled power saws and axes have killed native trees.
“Respondents have not issued any Gazette Notice to this effect, nor has there been public participation, nor have any research-based policies, concessions, or management reports published in support of the said Presidential directive, and the same lacks in procedure, is made in bad faith and a great rollback on the gains anticipated with the government pronouncements previously made on increasing the forest cover in the Country,” he claimed.
In its lawsuit, LSK claims that it is concerned that the government is determined to reinstate the infamous shamba system, which was outlawed in 2002 due to abuse.
Chief executive of the organisation Florence Muturi informed the court in her affidavit that Deputy President Rigathi Gachagua had stated in open forums that the government would permit farming in forests.
She claimed that Kenya’s efforts to reach a 10% forest cover will be undermined by the government’s decision.
“Such statements fly in the face of our constitutional and legal underpinnings,” said Muruti. “Noting too well that the Shamba System has been abused as farmers have been allowed to turn large sections of indigenous forests into farmlands, destroying local biodiversity and greatly reducing the capacity of forests to be effective water reservoirs,” he added.
The National Environment Management Authority, Attorney General Justin Muturi, and Cabinet Secretary for Environment, Climate Change, and Forestry Sopian Tuya were all named in the lawsuit.Additionally named as interested parties are the Greenbelt Movement, Natural Justice, and Katiba Institute.
On August 14, the case will be heard.