Gov't to implement court order restoring land rights in Nakuru Settlements

Lands and Physical Planning Principal Secretary (PS) Generali Nixon Korir made the announcement on Friday at a public meeting in Kapsinendent, Mariashoni Ward.

The PS confirmed that the Ministry of Lands, in collaboration with the Forestry Department, will begin the process of demarcating the boundaries between the settlements and the Mau Forest, in accordance with the directive issued by the Environment and Land Court (ELC). This process, he said, will involve placing clear physical beacons on the ground, marking the exact boundaries.

PS Korir emphasized that the restoration of land rights will be conducted with transparency.

He assured the residents of the five settlements—Mariashoni, Sururu, Likia, Terit, and Sigotik—that the government will issue title deeds to all eligible landowners who were excluded from the initial process. He also stressed that only recognized residents would benefit from the process, and warned against any attempts by non-residents to interfere.

The PS further clarified that the surveying and titling process will be fully funded by the government, cautioning residents to be wary of individuals attempting to extort money for the issuance of titles.

Also present at the meeting were Forestry PS Gitonga Mugambi, Senate Majority Leader Aaron Cheruiyot, Nakuru Deputy Governor David Kones, and elected representatives including Rongai MP Paul Chebor, Kuresoi North MP Alfred Mutai, Emurua Dikir MP Johanna Ngeno, and Nakuru Women Representative Liza Chelule.

Judge Justice J.M. Mutungi on September 30, 2023 ordered the government to restore the land ownership rights of residents whose land was jeopardized by a 2019 executive decision that contradicted a 2001 legal notice specifying settlement boundaries. This decision left the rights of the affected residents in limbo for years.

The settlements, which were established by the government to address landlessness, were legally recognized in a 2001 Legal Notice (No. 142) that had not been revoked. Justice Mutungi ruled that the residents had sufficiently proven their status as rightful landowners, having been allocated the land through a legitimate government process.

The court ordered the government to demarcate the settlement boundaries within 12 months and to verify and issue title deeds to eligible residents. The judge also directed that any individuals found to have encroached on forest land should vacate immediately.

In addition to restoring land rights, the court ruling outlined several environmental safeguards. The government will ensure that landowners within the settlements preserve riparian reserves along rivers, and that each landowner increases the tree cover on their parcels to at least 30% within five years.

The Ministry of Interior, Kenya Forest Service, National Environment Management Authority (NEMA), and Water Resources Management Authority (WARMA) will oversee the implementation of these environmental provisions, in line with Article 69(2) of the Constitution.