Land in Kenya

The year 1997 was characterized by the general election. The administration chose to build up a settlement plan in the Nakuru/Olenguruone/Kiptagich expansion forest zone in order to resettle the Ogiek. 1,812 ha of the forest were apparently put aside for this reason. On the other hand, the essential de-gazettement of the forest was not executed by the Minister as needed by law.

The zone was then studied, sub-partitioned and dispensed. The stunning disclosure of the Ndungu Report is that the essential recipients of these portions were prominent people and organizations in Moi's legislature with just a little number of Ogiek accepting any area.

Reasons for the dispute

1. Illegal Degazettement. Kiptagich Tea estate was initially a forest. It was actually a portion of the widely disputed Mau forest. Forests were regulated by Forest Act (cap 385) regulated the process of conversion of use of the forest to alternative use. The minister in Charge of the forests had the powers to alter boundaries of the forest by publishing the notice in Kenya gazette within 28 days’ notice. Chief conservator of forests had to approve the boundary plans. The 28 days’ notice thus gave the room for the public to challenge such proposals. It is also vital to note that the above had to be done for the public interest. The degazettement in our case was done for private interest with prominent persons taking the chance to amass land

2. Primary Beneficiaries did not get the equal share. There is a long list of the individuals who benefited from the scheme and Ogiek community did not get the lion share as the scheme intended. Some of the beneficiaries with large chunks of land got around 1090 acres which amounted to around kshs 223 million around 2006. Kiptangich owned by former president Moi had its share of around 80 hectares which was valued around 39 million. San enterprises owned by Joshua Kulei among others got 129Ha amounting to around 129 million, Kangoy farm owned by Gideon...