Lamu East residents have petitioned Parliament over 39,927 hectares of land they claim was irregularly gazetted as a public forest.
The land in Boni Lungi area between Dodori and Boni National Reserves was home to 480 households before takeover by the Environment Ministry vide gazette notice No. 1447 of 2016.
In a petition that is before the National Assembly’s Petition Committee, the residents led by their MP Captain Ruweida Mohamed want the land declared community land and given to the residents who are now squatters.
The petitioners argue that the land was taken away before any public participation was conducted as is required.
“The gazettement was done without consulting the people and the leaders of the affected region, contrary to Article 10(2)(a) of the Constitution that provides for public participation in making, implementing public policy and in applying the law,” the petitioners said.
“Further, the gazettement was in breach of the provisions of Article 69(1)(d) that requires the state to encourage public participation in environmental management.”
Haddijah Haussein, one of the petitioners, said the contested land is actually community land that locals have been farming and also depended on for fruits, honey plants for traditional medicine and building materials.
“We want justice to be done. As a community, we have suffered since the land was taken away from us,” added Mohammed Butete, who spoke at Parliament buildings.
The petitioners were appearing before the Public Petitions Committee which is handling the petition.
The Committee is chaired by Kitui East MP Nimrod Mbai.
Speaking after appearing before the Committee, MP Ruweida called on Parliament to ensure the residents are given back their land and the ministry compelled to revoke the 2016 gazette notice.
“The Committee should recommend that the Cabinet Secretary for Lands, Public Works, Housing and Urban Development in consultation with the County Government of Lamu facilitate the registration of Boni-Lungi as community land pursuant to Article 63(5) of the Constitution and other applicable laws,” Ruweida said.
