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Title:
Joseph Leboo & 2 others v Director Kenya Forest Services & another
Party:
Kenya
Region:
Africa
Type of document:
National - higher court
Date of text:
September 26, 2013
Data source:
InforMEA
Court name:
Environment and Land Court
Seat of court:
Eldoret
Justice(s):
M. SILA
Reference number:
Environment & Land No. 273 of 2013
ECOLEX subject(s):
Forestry
Abstract:

The court is required by the plaintiff to stop the Director of the Kenya Forest Service allocates saw millers to harvest timber and fuel materials from the Lembus forest.

The plaintiffs claim that those allocations have taken place without involving the local community as required by the Forest Participation in Sustainable Forest Management Rules and the Forest Act. The Director of the Kenya Forest Service claimed that all saw millers are qualified and that all the authorisation where given with the idea of promoting sustainability.

The court considered that the absence of public participation in the absence of the inclusion of the local community and the absence of proof showing that the trees were harvested in a sustainable manner is enough to require that all harvesting activities in the Lembus Forest must be restrained.