The Environment committee wants former Kenya Forest Service Chairman investigated by the EACC and barred from holding public office should he be found guilty of corruption.
This recommendation was part of a report that revealed
poor governance, greed and inadequate capacity were the major reasons for the plunder in the sector.
The committee looked into rampant deforestation, degradation and encroachment of water towers and other catchment areas.
“Unmitigated human activities including wanton timber harvesting have continued to threaten and undermine Kenya’s capability to secure livelihoods for its population,” it notes in the 50-page document presented last Thursday.
On matters governance, the team said ex-Chairman Peter Kinyua contravened laws and guiding principles such as the
Mwongozo Code of Governance for State Corporations.
The report says Kinyua fired KFS officers with disregard to the
Human Resource Manual, the State Corporations Act, (Cap. 446) and Forest Conservation and Management Act, 2016.
"He was essentially performing the duties of the organisation’s management and KFS board," it says, adding he acted as if he was an executive chairperson.
The committee found the suspension of senior officers was done illegally and without adherence to procedures.
Chief Conservator of Forests Emilio Mugo was suspended on March 12 after a tour of Thogoto, Ngong Road, Oloolua and Kibiko Forests.
Finance and Administration
Senior Manager,
Patrick Nyaga, was sent on compulsory leave on February 26 to pave way for investigations into allegations of lack of facilitation for field operations, vehicle maintenance and fueling in particular.
Dedan Gatiki, the
Assistant Chief Conservator of Forests for the North Rift, was interdicted for gross misconduct through a letter dated March 14.
He allegedly failed to take action while
a debt of Sh40,500,000 accrued in Elgeyo Marakwet County.
Other suspended officers are Boniface Simiyu (Deputy Chief Conservator of Forests Plantations and Enterprise),
Francis Kariuki (Assistant Chief Conservator of Forests for the Eastern Conservancy in Embu) and Cosmas Ikiugu (Assistant Chief Conservator of Forests (Central Highlands).
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RETURN OF SUSPENDED MANAGERS
The committee's report says Kinyua made unilateral decisions, did not give the affected officers chances to be heard and
signed all the suspension letters.
"No formal board meeting that was held as required by the law and the [Mwongozo Code] before the affected senior officers were sent on compulsory leave."
The team recommended that the senior
managers be reinstated
immediately
and that any fresh actions against them be taken with strict adherence to procedures
and laws.
Kinyua was also put on the spot for running a private hotel inside Karura forest.
The committee also found that Karura served as a recreational area that earned revenue for the service. It was not clear whether the money was put to good use.
A former board member, who requested anonymity, said Kinyua's restaurant
generates at least Sh5 million shillings which is not given to the service.
"Karura gate and other activities generate Sh42 million per year. This monies were neither accounted for nor remitted to the government
through KFS," the source said.
The report stated:
“There was an illegality in the collection of revenue at Karura Forest by the Friends of Karura instead of the KFS. This was in violation of the Public Finance Management Act, 2012."
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SITUATION DIRE
The report notes the effects of climate change have become a serious reality not only in Kenya but also across the globe - it cites damage to human beings, animals and nature.
Environment Cabinet Secretary Keriako Tobiko told the committee that there was inadequate forest protection.
"The gazetted forests area is 2.5 million hectares, manned by only 2,500 rangers. This translates to a low ratio of one ranger to 1000 hectares of forest land, which is far below the internationally recommended ratio of 1:400," Tobiko said.
The same rangers also man community forests and participate in other multi- agency assignments.
The team further reported that the service is underfunded.
The service mans a total of 2.4 million Ha of gazetted forests distributed mainly in high potential areas.
Some 2.2 m Ha (94 percent) of the forests are intact natural parts
for conservation and provisions of environmental goods and services while only 135,871 Ha (six percent) of the forests are zoned for plantation development.
The purpose of this was to meet the country’s demand for timber and its products which currently stands at 41 million cubic meters against a supply of about 31 million cubic meters.
Mugo told the committee that their budget was Sh6.79 billion, Sh5.14 billion being recurrent expenditure and Sh1.66 billion development expenditure.
Kenya’s forest cover is currently at 7.2 percent while the 2022 target is 10 percent.
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The report says logging in Kenya is an unmitigated disaster in both public and community forests as well as on farmlands.
“In particular, there has been illegal logging, charcoal burning, illegal grazing, settlement encroachment and mismanagement of plantation forests and the Shamba system,” the report says.
As a result, most parts of the country have been experiencing drying of rivers, lowering of water tables and drying of wells. It was for these reason that
Deputy President William Ruto imposed a 90-day moratorium on February 24.
Members of the committee noted that the country lacks a master plan of its natural resources, a situation that has resulted in improper and uncoordinated planning for available resources.
This has caused over-exploitation of what is available and has led to major conflicts. Saw millers, for instance, have complained of imbalances in the allocation of resources and the lack of seedlings.
It was observed that the Timber Manufacturers Association has 898 members.
However, there are independent and large scale members who are not part of the association.
The committee is concerned that the large number of saw millers means a lot of pressure is being exerted on forest resources.
NEXT STEPS
The government has announced plans to plant 25 million seedlings on May 12, which is the National Tree Planting Day.
It was observed that seedling nurseries will be more valuable to youth and women groups, with proper collaboration between the Kenya Forestry Research Institute (Kefri)
and KFS.
Additionally, cooperative movements for the youth and women will provide strategic intervention in the supply of seedlings.
Recreational centres will be branded for easier management and conservation.
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