Ruto threatens to withdraw Kenya from EACJ over Mau forest caveat

Kenya will withdraw from the East African Court of Justice (EACJ) by the end of December if it does not lift the caveat on Mau Forest, President William Ruto has said.

Speaking in Nakuru county during a development tour, Ruto accused the Arusha-based court of unnecessary delay in lifting a caveat on hectares of land hived off the expansive Mau Forest Complex for human settlements.

The President said the caveat has frustrated the Kenya Kwanza government promise to issue title deeds to the people and there was no reason for the country to be a member of the regional court that does not care for citizens.

He said the caveat had made the squatters' lives miserable, and there was an urgent need for it to be lifted.

“On caveat, we agreed we have done phase one, which covered almost 10,000 acres. We have lifted it because it was here in Kenya,” said the President.

The residents had demanded that the Head of State addresses the issue.

“There is a court in Arusha. They have been taking me in circles, but I have told them they have two options; either they lift the caveat, or we withdraw membership from that court,” he added.

He promised the residents, most of who occupy the former forest land, that he would sign instruments to withdraw Kenya’s membership from the court.

“It is not acceptable that citizens are living as squatters because of no act of their fault and because there is a court that does not respect the rights of other people,” Ruto said.

The President, who was accompanied by his deputy Rigathi Gachagua, Nakuru Governor Susan Kihika, Senator Tabitha Karanj, and Senate Majority Leader Aaron Cheruiyot, among other leaders, said the decision to withdraw Kenya from the court should not be interpreted to mean he did not believe in the rule of law. 

On September 25, 2023, the Kenya Kwanza government lifted part of the caveat on the 10,000 acres of forest land.

The areas that benefited from the lifting of the caveat in 2023 include the following blocks:  Nakuru/Olengurone/Amalo, Nakuru/Olengurone/Cheptuech, Olenguruone/Chepakundi, Olenguruone/Kiptagich and Olenguruone/Ambuske.

The caveat has been in force for more than 20 years, and local leaders have been using it as a campaign tool every election cycle.

In 2001, 35,301 hectares covering Kuresoi North, Kuresoi South, Njoro and Molo regions were separated from the Eastern Mau Forest. 

South Rift leaders drawn from Nakuru, Kericho, Bomet, and Narok counties have been pushing for the caveat to be lifted.

The President’s announcement is likely to attract stiff opposition from members of the minority groups who went to the African Court of Justice.