Court summons CS, PSs as settlement of families in Eastern Mau stalls

The High Court in Nakuru has summoned three senior government officials to give an update on the implementation of a judgment on settlement schemes in the Eastern Mau Forest.

Environment Cabinet Secretary Deborah Baraza, Lands Principal Secretary Nixion Korir, and his Interior counterpart Raymond Omollo, are scheduled to appear before the Environment and Lands Court in Nakuru on December 4, 2025.

They are expected to explan the status of implementation of the court judgement delivered a year ago.

Justice Anthony Ombwayo issued the summons following an oral application by advocates Steve Biko and Diana Chepkemoi, who are representing people settled on six settlement schemes in the area.

The advocates told the court that the government had failed to implement the judgment delivered on September 30, 2024, which gave ministries and agencies 12 months to execute specific directives.

That timeline lapsed on September 30, 2025.

Biko noted that despite the lapse of the deadline, the government had not taken meaningful steps toward implementation.

“The implementation timeline had been set. The deadline was September this year. KFS is yet to commence planting of trees on the riparian areas. The question of title deeds and the caveat imposed is yet to be addressed,” Biko said.

He maintained that resettlement must be undertaken across all the schemes.

“As we speak, there is a possibility of foreign influx of people from other areas and political interference,” he said, urging the court to compel the minister and PS to appear and present a comprehensive report on the implementation status.

Chepkemoi supported the application, confirming that there had been no compliance with the court order.

“We wrote a letter to the PS and the ministries involved, but it has never been responded to despite the lapse of the 12 months. We need an explanation on the implementation status,” she told the court.

The residents through lawyer Kipkoech Ng’etich — in the  letter to the Attorney General expressed concerns that the government had not completed the beaconing required to demarcate the 35,300-hectare parcel excised from the Eastern Mau Forest.

They said surveyors deployed to the area disregarded the 2001 Registry Index Map (RIM) during beaconing.

“The surveyors from the Ministry of Lands did not adhere to the Registry Index Map of 2001 in beaconing Teret, Sigaon, Nessuit and Likia Extension scheme,” reads the letter dated August 21, 2025.

Ng’etich further noted that the Kenya Forest Service had resumed tree-planting within the 35,301 hectares in Baraget, contrary to court orders.

“It is in the interest of justice that the judgment dated September 30, 2024, is complied with as directed, with compliance by the Ministries of Interior and Lands required within 12 months,” he wrote.

He said that while some steps had been taken by the government, they were “lackadaisical and opaque.”

The settlers issued a 14-day ultimatum demanding a status report on the judgment’s implementation, an action plan and a proper survey report on the beaconing exercise.

The case dates back to 2020 when residents filed suit to stop the government from evicting them. Nessuit MCA Samuel Tonui, through lawyers Ng’etich and Renny Langat, argued that locals occupied the land following the excision of 35,301 hectares from Eastern Mau by then Environment Minister Katana Ngala on October 8, 2001, through Legal Notice No. 142.

They also asked the government to revisit the planned degazettement under Legal Notice No. 889 issued in February 2001 by then Environment Minister Francis Nyenze.

Justice John Mutungi, in his 2024 judgment, ruled that the settlers had proved they were legally settled in Nessuit, Marioshoni, Sururu, Likia, Sigotik and Teret settlement schemes.

He ordered the government to re-establish boundaries within 12 months, physically place beacons, verify and authenticate allottees and issue title deeds to those without them.