The Environment and Land Court in Nairobi has struck out a petition filed by Kituo Cha Sheria, a Legal Advice Centre, challenging the lifting of a logging ban in Kenya. The petition, ELC Petition No E024 of 2023, was filed against the Cabinet Secretary, Ministry of Environment and Natural Resources, and five others. Justice Christine Ochieng ruled that the petition duplicated an earlier case already determined by Justice Angote.
The petition was filed in response to a presidential announcement on July 2, 2023, lifting a ban on logging that had been in place since 2018. The ban was imposed after a task force reviewed the state of Kenya's forests, citing widespread illegal logging, forest degradation, and encroachment. Kituo Cha Sheria argued that the lifting of the ban would have devastating effects on Kenya's forests and environment.
The petitioner contended that the decision to lift the logging ban would "decimate Kenya's forests and cause citizens to suffer from living in an environment that is not safe and healthy." They also argued that it would result in less tree cover as commercial and illegal logging driven by profit takes shape. The petitioner accused the respondents of failing to take steps to protect forests, thereby increasing the risk of global warming.
Kituo Cha Sheria pleaded that the respondents had a duty to ensure a tree cover of at least 10 per cent is maintained and their inaction was "an act of negligence." The petition sought a declaration by the court that the presidential announcement lifting the logging ban was without any legal basis and therefore unconstitutional. The petitioner also sought action against the office bearers, arguing that they had no legal or moral legitimacy to hold their respective offices.
The respondents, including the Director General of the National Environment Management Authority and the authority itself, withdrew a preliminary objection and relied on an affidavit by Dr Mamo B Mamo. They argued that the petition was an abuse of court process owing to an existing court decision. Other respondents filed a preliminary objection, while the petitioner and some respondents did not file submissions despite directions.
Justice Ochieng agreed with the respondents, finding that the petition was res judicata, or already heard and settled. She struck out the petition, citing ELC Petition No. E001 of 2023, which had already dealt with the same matter. The court also ordered each party to bear their own costs.
The ruling brings to an end Kituo Cha Sheria's challenge to the lifting of the logging ban. The decision allows the government to proceed with the lifting of the ban, which has been a contentious issue in Kenya's environmental conservation efforts. The court's decision was based on technical grounds, rather than the merits of the case.
Key points
- The Environment and Land Court in Nairobi struck out a petition challenging the 2023 lifting of a logging ban.
- The petition was filed by Kituo Cha Sheria, a Legal Advice Centre, and was dismissed due to duplication of an earlier case.
- The lifting of the logging ban has been a contentious issue in Kenya's environmental conservation efforts.
