Fate of Mau settlers sealed as 60-day eviction notice elapses

The 60-day quit notice for those who have encroached on Mau forest ended on Sunday (yesterday) leaving 60,000 settlers jittery after they failed to stop their eviction in court.

And the Kalenjin leaders raised the politicisation of the evictions a notch higher at the weekend, saying it was meant to settle political scores and undermine Deputy President William Ruto in his bid for the presidency in 2022.

The settlers' petition filed through the Uzalendo Institute of Leadership and Democracy was dismissed on Friday by Judge Mohammed Kullow of the Lands and Environment Court in Narok.

They had moved to court on August 11 seeking to restrain the state from interfering with the rights of education, health and housing of the children living in the Maasai Mau complex through eviction.

A few weeks ago, Rift-Valley regional coordinator George Natembeya said about 70 per cent out of the 3,366 Mau forest families had moved out.

“The remaining 30 per cent have partially moved out of their homes but still waiting to harvest their crops and for pupils to sit this year's KCPE exam,” Natembeya said as he declared Mau forest an operation area.

He said that there were 15 schools in the Mau but only five are operational.  None of them has KCPE candidates, he said, noting that they will be closed at the end of the Third term.

The administrator said herding of cattle in the forest will be restricted as he dismissed claims that the evictions would pave the way for other communities to move in.

“The settlers should go to their original homes. They will not be allowed to put up IDP camps on roadsides or elsewhere,” Natembeya said.

Two weeks ago, President Uhuru Kenyatta broke his silence on the impending evictions. He said Mau Forest must be preserved by all means as many people depended on it.

“We are not fighting for the conservation of Mau just because of the Maasai community but for the future generations which will depend on this vital water tower,” Uhuru said.

He said the conservation of Mau is not about those who are being removed but about their future, their dependants and millions of other Kenyans.

“Mau is the largest water catchment area and right now we are experiencing water shortage in this region. What about in future after we completely destroyed the forest? We must act now and save it,” the President said.

Kalenjin leaders argue that the land which the government says is forest land comprised group ranches and trust land. As such, the national government lacks jurisdiction to evict the settlers as the Narok county government is the custodian.

“The right boundary of the forest is where tea was planted. We are wondering why they came up with other boundaries,” former Bomet Governor Isaac Rutto says.

He said the eviction of 60,000 people is a disaster not only to the Kipsigis but to the nation. Nowhere else in the world has there been such a big number of people been forcibly evicted.

Rutto said Rift Valley leaders have unsuccessfully tried to engage the government on the and were now were considering going to the International Criminal Court to protect the human rights of their people.

He accused the government of ignoring the constitutional requirement of dialogue, consultations and public participation.

“If the state wants this land to plant trees, it should have simply approached the settlers and paid for it instead of subjecting them to untold sufferings,” Rutto said.

He said the Kalenjins would soon hold a rally at the historic Kapkatet stadium on the Mau issue.

The Kalenjins hold the Kapkatet grounds dear, having used it to make several historical declarations.

The Maasai leaders support the evictions. Narok North North MP Moitalel ole Kenta and former Narok town council chairman Kelena ole Nchoe commended the state for efforts to restore the Mau forest.

“We are fully behind the decision by the President through Environment CS Keriako Tobiko and Natembeya to restore the degraded forest,” Kenta said.

Kenta said the decision to evict settlers from all the country's water towers was made in 2009.

“Tobiko and Natembeya are implementing the government policies and people's wishes and these leaders should leave them to undertake their mandate,” Kenta said.

He said the Mau belongs to the Maasai community and there is no way the Kalenjin leaders can dictate to them on how to conserve the forest.

The ODM lawmaker said that the settlers must leave because more than three million Kenyans rely on the Mau ecosystem.

“The wildlife, especially at the Maasai Mara that bring tourists to Kenya, depends on the waters from the Mau Forest.” 

Nchoe asked why Kalenjin leaders opposed the eviction yet they did not oppose the evictions from forests in the neighbourhood.

“I am wondering why a leader like (Senator Kipchumba) Murkomen is in the frontline opposing yet his father was evicted from Embobut forest and he did not complain. We need to be honest and speak the truth,” Nchoe said.

“They (illegal settlers) knew it is the source of water not only to Kenya but to other East Africa nations. That is why we were advised not to settle in the catchments areas,” he said.

Phase One of the evictions in July last year affected about 7,700 people and over 12,000 acres were reclaimed. The focus was on Reiya group ranch. The second phase targets Nkoben, Ilmotiok and Ololunga, Enokishomi, Enoosokon, Nkaroni and Sisian areas.

The Mau is the largest water tower in the country.  It supports millions of human life and wildlife in Kenya and beyond.