The Kenya Forest Service has been given two weeks to name all individuals who have grabbed forestland.
This was after KFS leadership revealed to the Public Investments Committee on Commercial Affairs and Energy that most of its land had been grabbed.
“There are pieces of land that have been given to individuals that did not follow due process,” KFS acting Chief Conservator Alex Lemarkoko told the committee on Wednesday.
Lemarkoko said the majority of its land does not have title deeds, making them prone to grabbing.
The committee met with KFS officials to examine the audited accounts of the service for financial year 2012-13 to 2019-20.
KFS protects 6.4 million acres of gazetted forests and another 420 million acres under counties.
The audit queries pertain to illegal encroachment into forestland, unsupported special operations expenditure, inability to settle outstanding financial obligations and aircraft acquisition and maintenance costs.
According to KFS, illegal encroachment and excision of forestland have been happening at an alarming rate.
In Kipkabus, Tingwa and Ngong forests, forestland totalling 555.9 hectares was illegally acquired by private parties.
KFS said 29.5 hectares of forestland in Uasin Gishu county has installations that were not licensed.
Some of the installations are operational but have not paid land rates running to millions to the service .
Ministry of Energy has 0.7 hectares, Kenya Airports Authority (1 hectare), Nabkoi Water Project (10 hectares), Kapsaret Water project (1.8 hectares) and County Cemetery (16 hectares).
MP Opiyo Wandayi, a member of the committee, asked Lemarkoko if the service has acquired title deeds for its parcels.
“I want to find out whether you have acquired title deeds for the parcels in question. Also, enlighten the committee on those who are involved [in grabbing forest land]. Be specific because you know [them],” the legislator said.
Wandayi asked Lemarkoko to be brave and mention them saying they are not "small people".
The Auditor General had pointed out that out of 265 gazetted forest blocks owned by the service measuring 2,585,526.44 hectares, only 77 blocks have title deeds while 25 are at the advanced stage of acquiring the document.
The auditor said the 2,585,526.44 hectares includes an undetermined area of land with ownership disputes that are ongoing between the service and private parties.
Lemarkoko got into trouble with the committee after he revealed that KFS has secured its forest land through gazettement.
“You have a huge chunk [of forest land] without titles. The auditor is saying you need titles,” committee chairman David Pkosing said.
Lemarkoko said forest blocks have since increased to 375 after KFS gazetted more.
He said he will pursue to ensure that they get title deeds.
The acting CCF said forest land belonging to the service has been grabbed in Eastern Mau, as due process was not followed.
The matter is in a Nakuru court.
Other parcels that have been grabbed are in Western Mau and North Rift.
MP Wandayi said those who grabbed forest land are senior Ministry of Environment officials as well as those who served in the Kenya Defence Forces.
“We need the names of the grabbers. If you do not know, we can compare the notes,” Wandayi said.
Lemarkoko said he did not have names but will provide them in two weeks’ time.
“If given time, I will provide the list. I need two weeks,” Lemarkoko said.
The long outstanding debt owed by government agencies and media houses amounting to Sh247 million were also mentioned.
Lemarkoko told the committee that Sh75 million is an unsettled bill by Kenya Broadcasting Corporation.
The money is for transmitters located within KFS land.
Lemarkoko said the debts arose from historical installations that happened during the then forest department without formal engagements between institutions.
He revealed that KBC has also allowed other media houses to use such installations.
Lemarkoko said GDC has not remitted Sh210 million to the service having been given way leave to its drilling wells.
He said several demand letters have since been written to defaulters.
Interestingly, KFS has a huge wage bill of Sh4.032,820,595 owed to KRA, the Ministry of Transport and the National Industrial Training Authority.
“We need to understand why they are not paying you,” Pkosing said before summoning KBC and GDC to appear before the committee in two weeks.
KFS was also put on the spot for unsupported and incomplete casual labour expenditure for financial year 2016-17.
According to the auditor, financial statements reflect general expenses of Sh1,382,815,810 which includes payments for casual labourers of Sh269,373,121, representing a significant increase of 199 per cent from the 2015-16 balance of Sh269,373,121.
An audit review of the ledgers provided disclosed the casual labour balance of Sh269,373,121 excludes casual labour wage costs from roads and building units.
It was noted that the casual wages were split into several vouchers when payments were being made.
The auditor said there was no explanation made for split payments.
“In consequence, the completeness, validity and accuracy of the casual labour cost of Sh269,373, 121 could not be ascertained as of June 30, 2017,” the auditor says.
KFS leadership is set to appear once again before the committee after the committee said they were ill-prepared to handle most of the questions.
