State owned buildings and multi-billion shilling residential apartments developed inside Ngong Forest are staring at demolitions after a parliamentary committee said the law was not followed when the forest area was declared a private entity.

National Assembly’s  Committee on Environment and Natural Resources chaired by Kareke Mbiuki, which tabled its report yesterday, said that 34 acres within which the buildings are located was not excised in accordance with section 4 of the repealed Forest Act, Cap 385 of 1942.

 “Pursuant to the finding under paragraph 159, the Committee recommends that the law relating to declaration that a forest area shall cease to be a forest area with respect to the area of land upon which KMA Estate, Langata Gardens Estate, Langata View Estate, Shalom Estate, St Mary’s Hospital, Forest Edge View Estate, Langata Women Prison, the Police Dog Unit, Bomas of Kenya, Kenya Broadcasting Corporation, Wildlife Clubs of Kenya and International Centre of Insect Physiology and Ecology (ICIPE)  should be complied with and the land should be excised pursuant to the provisions of  Section 34 of the Forest Conservation and Management Act,  No. 34 of 2016 to support the realisation of the National Government’s Big Four Agenda on housing and stop further encroachment of  Ngong Road Forest through the practice of  allocation and subsequent surrender of land between government departments,” reads the report in part.

 Following its decision, the committee told the residents, owners or proprietors of the developments located within the said 34 acres to immediately enter into negotiations with the Ministry of Environment and Forestry in order to reach an amicable solution for peaceful coexistence.

Commence investigations

 Further it directed the Director of Criminal Investigations (DCI) George Kinoti to within the next six months of tabling of the  report, to commence investigations relating to the procedure of excising and allocating land from the Ngong Road Forest to private individuals including officers that substantively held the offices of the Commissioner of Lands,  the Chief Conservator of Forests and the Commissioner of Prisons between the period of 1993 and 1998 with a view to prosecuting any person found culpable, where a criminal offence is established.

 According to the committee, the government has the options of either revoking the titles or issuing new titles to the current registered proprietors upon new terms and condition as the forest area where the buildings are siting have substantially been developed by the original allottee or third parties, in a manner that they cannot be restored to their original purpose. 

“The Committee observed that where the Forestlands have been substantially developed whether by the original allottee or third party, such that they cannot be restored to their original purpose, titles thereto should nonetheless be revoked (given their inherent illegality).

The Government may however issue new titles to the current registered proprietors upon new terms and conditions.

Provided that where the Government decides to issue new titles, all requirements of Planning and Environmental Legislation must be strictly complied with,” adds the report.