Logging claims deepen Nandi tea land dispute as KFS seizes tractors

By  Barnabas Bii

Correspondent

What you need to know:

• The claims come a year after the government lifted a six-year suspension on tree harvesting in public forests.
• At the centre of the row is a forest on Sitoi Estate claimed by squatters and by Eastern Produce Kenya Limited.

A long-running dispute over a 350-acre tea farm in Nandi County has taken a new turn, with claims of illegal logging and environmental damage on the land. The claims come a year after the government lifted a six-year moratorium on tree harvesting in public forests.

At the centre of the row is a forest on Sitoi Estate claimed both by squatters, who are members of the Kimasas Farmers' Cooperative Society, and by Eastern Produce Kenya (EPK) Limited. Each side accuses the other of breaking the rules.

On October 23, 2023, Court of Appeal judges D.K. Masinga, Asike Makhandia and Mumbi Ngugi ordered the parties to maintain the status quo while the case is heard. EPK had gone to the Court of Appeal after a ruling by the Environment and Land Court in Kapsabet.

“The status quo as it exists on the suit property be maintained pending hearing and determination of civil appeal,” stated the judges.

The squatters took control of part of Sitoi Estate after a 2019 resolution by the National Land Commission. 

Judgement in the appeal was due on Friday, 25 September 2026, but has been put off to a date not yet given.

“The judgement on the above Appeal, scheduled for delivery on Friday,25th September 2026 is not ready. You will be notified once is ready,” stated a notice from the court of Appeal issued to both parties.

Tension on the farm has risen over the logging claims. Kenya Forest Service officers and a multi-agency security team impounded two tractors and seized timber in a crackdown on illegal logging in the forest. The tractors were taken to Nandi Hills police station.

Nandi County Forest Conservator John Momanyi said the operation followed protests over increased logging in the forest, which is occupied by some Kimasas members.

“We have intensified crackdown against illegal logging activities and more suspects face arrest and prosecution,” said Mr Momanyi on phone. 

Nandi County police commander Samuel Mukuusi said the operation involved national government officials, the National Environment Management Authority (NEMA), the Nandi East sub-county forest officer, and regular and Administration Police officers from Nandi Hills.

“The recent escalation of illegal logging activities involving use of chain saws, transportation of the timber and logs using tractors and lorries is a matter of concern. “There is a possibility that the individuals occupying the disputed land are taking advantage of the prevailing situation in extracting timber and other forest resources before the final determination of the land dispute,” said Peter Goin EPK General Manager. 

Kimasas chairman Daniel Biwott said the matter is under investigation and warned members against breaking logging rules.

“I am aware of the impounded timber materials and seizing of the tractors but this matter is now under investigation by relevant government agencies,” said Mr Biwott on phone. 

The case comes as the government's plan to plant 15 billion trees in 10 years is struggling. About 1.7 billion trees have been planted in four years, well short of the 1.5 billion a year the plan needs. Environmentalists point to a shortage of quality seedlings, too few staff, poor coordination and weak monitoring of how many planted trees survive.

To hit 15 billion by 2032, Kenya would need to plant and keep alive about 4.11 million trees a day from the launch date. Environment Cabinet Secretary Deborah Barasa has said the target, and the restoration of 10.6 million hectares of degraded forest land, can be met.

“Stringent measures have been put in place to contain further destructions of forests and water catchment and intensify afforestation programs to realise 15 billion trees and reclaim 10.6 hectares of damaged forest,” said the CS in an earlier interview.

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