Ruto order lifting ban on logging is illegal, court rules

Environment and Lands Court has declared President William Ruto’s directive to allow logging in forests across the country illegal and unconstitutional.

In a judgment issued by Justice Oscar Angote yesterday, the court concurred with the Law Society of Kenya (LSK) arguments that Ruto’s order that lifted a countrywide ban on logging was done illegally without following the due process because public participation was not conducted.

“I find that lifting of the moratorium was done without proactive disclosure of information and public participation,” the judge ruled.

Further, Justice Angote found that the Nyeri and the Meru High Court consent orders between the logging companies and the Kenya Forest Service (KFS) were commercial in nature because there was no evidence of public participation placed before court.

“A declaration is hereby issued that the lifting of the moratorium in the Nyeri and Meru High Court lacked public participation and is, therefore, null and void,” the Judge ordered.

Consequently, the judge ordered that LSK and Kenyans be involved in making and formulating laws, rules and guidelines to govern logging activities in the country before the ban can be lifted.

Justice Angote further barred the government from granting licences or permits to log and felling of trees of any nature in any forest in the country.

The judge, however, partially issued orders allowing the harvesting of 5,000 hectares of mature and over-mature trees in forests under the supervision of KFS and the multi-agency team.

The same, she directed, be done strictly in accordance with the Environment Management and Coordination Act, the Forest Conservation and Management Act and the Forest and Conservation Harvesting Rules.

The court also directed that the recommendations of the Taskforce on Logging be upheld in furtherance of Article 69 of the Constitution.

He also ordered the government to engage all stakeholders and proper public participation be done before the ban on logging is lifted and file the implementation matrix put in place within three months of the judgment.

“I direct the implementation programme to include the proactive disclosure by the Respondents (the government) on the Strategic plan, Forest Management Plan and Felling Plan. An order of mandamus is hereby issued against the Respondent to implement the implementation Matrix to be filed not later than three months of the interim judgment,” the judge ruled.

The decision by the court comes after LSK through its President Eric Theuri challenged Ruto’s order to lift the ban.