Investment should not supersede the ecological well-being of the Yala Swamp and the livelihoods of local communities.

This week the National Land Commission (NLC) is expected to announce its position on the controversial allocation of 6,763.74 hectares of the swamp to Lake Agro Ltd. The anticipated announcement follows recent public hearings convened by NLC in Nairobi and Siaya to discuss the matter. Many stakeholders, including local communities and government agencies, explicitly expressed objection to the allocation during the hearings.

Top on the list of concerns is the failure to subject the proposed land allocation to any Environmental Impact Assessment (EIA) as required by law. Local communities, represented by the Yala Ecosystem Site Support Group, the Yala Indigenous and Community Conservation Area (ICCA) committee and the Yala Farmers Committee, view the EIA omission as illegality. Their view was supported by the National Environment Management Authority (Nema) in their submission to NLC.

Further, the communities emphasised the unconstitutionality of the proposed allocation as it violated their indigenous land ownership rights. Also of concern to the communities is the threat posed by the intended allocation to their livelihoods. Close to 250,000 people living within the wetland’s vicinity benefit from its vital resources. These include fish, cultivated crops, freshwater, fuel wood, livestock fodder, construction materials and natural medicines.  

A land-use plan for the swamp is in place. This negotiated document provides a framework to guide the sustainable use of resources within the swamp and surrounding areas. Part of the land included in the proposed allocation is designated an ICCA, as per the Tala Delta Land Use Plan. All land allocations within the wetland ought to align to the land-use plan, stakeholders said in objection.  

Yala Swamp is a wetland of great ecological importance to Kenya, its neighbours and Africa. It acts as a filter for waters flowing into Lake Victoria. It also stores water in times of floods and releases it during drought periods. These and other valuable environmental services the swamp offers make it an asset to be treasured for present and future generations. Nature Kenya stressed this when submitting its objection.

A host of birds, fish and wild animals call Yala Swamp home. Two endangered Cichlid only exist in lakes within the wetland. The swamp is one of the few refuges in Kenya for the Sitatunga, a rare swamp-dwelling antelope. Large flocks of wetland birds, including globally threatened birds that live only in papyrus swamps, inhabit the swamp. Nature Kenya, Kenya Wildlife Service and other conservation players view the proposed allocation as a big threat to the wetland’s biodiversity.

Having listened to submissions from numerous stakeholders, NLC has its work clearly cut out. Objection to the proposed land allocation is stronger than ever, as attested during the public hearings. NLC now has a crucial decision to make. Will it go with the majority fronting for the swamp’s sustainable future or give in to the whims of a few bureaucrats with vested personal interests. The ball is on their court.

—  The writer is Executive Director, Nature Kenya – the East Africa Natural History Society