What You Need to Know
The Ministry of Environment in Kenya has reaffirmed its commitment to an inclusive and transparent process regarding the declaration of Mukutani Forest as a public forest. Principal Secretary Gitonga Mugambi emphasized the importance of community involvement and addressing concerns raised about the gazettement process, which has been criticized for insufficient public participation and legal non-
Africa-Press – Kenya. The Ministry of Environment has committed to an inclusive, transparent and consultative process in the declaration of Mukutani Forest as a public forest.
Forestry Principal Secretary Gitonga Mugambi maintained that the 2017 gazettement was lawful and community-driven. He said the gazettement of 32,607 acres was undertaken under Section 31(2) of the Forest Conservation and Management Act (FCMA), 2016, following a formal request by the Ilchamus community.
“However, we recognise that public confidence, inclusivity, and community ownership are essential for sustainable forest management,” Mugambi told the implementation committee chaired by Budalangi MP Raphael Wanjala at Bunge Towers in Nairobi.
The PS told the committee that the Ilchamus community sought gazettement to address degradation of water catchments, loss of grazing and riparian areas, human-wildlife conflict, displacement and insecurity, and loss of access to cultural and sacred sites.
“The gazettement had secured 13,195.8 hectares (32,607 acres) of critical ecosystem, contributing to national climate resilience, biodiversity protection, and the government’s 30 per cent tree cover target,” Mugambi said.
A public petition, however, noted that the process leading to the gazettement of Mukutani Forest was flawed as it did not meet all legal requirements, particularly comprehensive public engagement and safeguarding of community rights.
The petition raised concerns over the adequacy of public participation, compliance with statutory procedures, the legitimacy of the 2017 gazettement, and the need for renewed consultations and verification.
Mugambi outlined the ministry’s position and ongoing efforts to ensure that all legal, procedural and stakeholder engagement requirements are fully aligned with the Constitution and the Forest Conservation and Management Act, 2016.
The committee’s findings also indicated insufficient public participation and lack of consultation with the National Land Commission and all affected communities.
The Departmental Committee further faulted the Ministry’s decision as contained in Legal Notice No. 265 of 27th October, 2017 and ordered a fresh exercise towards the declaration of Mukutani Forest.
The committee said the exercise should be undertaken jointly by the Environment CS, Kenya Forest Service Board, the National Land Commission and all relevant stakeholders, and that due process as outlined in Section 34 of the Forest Conservation and Management Act, 2016, be adhered to.
Mugambi told the committee that the ministry acknowledges the concerns raised and is committed to addressing them in a transparent and constructive manner.
“To reinforce trust, address concerns raised in the petition, and ensure that the process reflects the highest standards of transparency, the Ministry commits to undertaking a sufficient stakeholder engagement for Mukutani Forest.”
He said the renewed process will include full and inclusive public participation.
“The Ministry will ensure that all affected and interested parties are meaningfully involved through Community barazas, stakeholder forums, public notices, information sessions and documentation and publication of all views received. This will guarantee that the community’s voice is central to the process,” he said.
Mugambi added that the ministry will work 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 organisations.
He said the ministry is committed to undertaking a comprehensive public participation and stakeholder engagement by the end of August, 2026.
“The Ministry remains committed to safeguarding Kenya’s forests while upholding constitutional values, community rights, legal compliance, and national development priorities,” Mugambi said.
Also present at the session were senior officials from the State Department for Forestry, led by Forestry Development Secretary George Tarus and Chief Conservator of Forests Alex Lemarkoko.
The National Assembly’s Public Petitions Committee, in its report, stated that the process leading to the declaration of Mukutani Forest as a public forest was done in “brazen and egregious contravention of the Constitution of Kenya and the Forest Conservation and Management Act, 2016.”
“The Committee finds that the process that led to the gazettement of Mukutani Forest was flawed as it ignored legal requirements, notably comprehensive public engagement and safeguarding of community rights,” the committee said in the report.
The committee established that there was insufficient public participation and lack of consultation with the National Land Commission and all affected communities, which it said contravened the Constitution and the Forest Conservation and Management Act.
The committee recommended that the due process outlined in Section 34 of the Forest Conservation and Management Act, 2016 be followed.
Separately, the Environment and Lands Court in Nakuru recently issued a declaration that Arabal Location is community land within the meaning of Article 63 of the Constitution.
Justice Millicent Odeny noted that the County Government of Baringo holds it in trust for the community until registration is completed under the Community Land Act.
The judge said the gazettement in that case was unconstitutional, unlawful, null and void.
The Mukutani Forest gazettement process has faced scrutiny since its initiation in 2017, with allegations of inadequate public engagement and legal compliance. The Ilchamus community’s request for gazettement aimed to protect vital ecosystems and address issues like human-wildlife conflict and loss of cultural sites. However, the National Assembly’s Public Petitions Committee has highlighted significant flaws in the process, calling for renewed consultations and adherence to legal requirements.
In light of these concerns, the Ministry of Environment has pledged to enhance stakeholder engagement and ensure that community voices are central to the decision-making process. This commitment is a
