The High Court has dismissed an application by Kenya Forest Service (KFS) to stop the Dorman Coffee chair Jeremy Block, from occupying the land it claims is part of Karura Forest.

KFS alleged that Block’s land boundary extends beyond the natural boundary, being the River Getathuru.

On February 29, 2024, Justice Grace Kimei of the High Court in Nairobi held that Block’s land LR No. 214/432 extends beyond its natural boundary with the Karura Forest.

However, KFS made an application to stay the ruling pending its appeal, saying that the judge did not consider the legal effects of the gazettement of the Karura Forest area as provided in law.

KFS Chief Conservator of Forests, Alex Lemarkoko, said the Karura Forest area was provided in Proclamation 44 of 1932, and the original survey map for the area is F/R No. 23/1.

Lemarkoko said that Block now occupies part of the Karura Forest on the basis that his boundary extends beyond his land over the natural boundary, being the River Getathuru.

He argued that the disputed portion of land is now not accessible to KFS and the public, who have a right to visit and use public amenities and facilities such as forests.

“The impugned judgement has emboldened other persons who intend to use administrative and judicial manoeuvres to alienate and grab public land for personal use at the detriment of the
greater public,” said Lemarkoko.

The officer said that people may start fencing off parts of Karura Forest and purport that the boundaries to their land extend beyond the natural boundary of the said river.

Lemarkoko said that unless a stay order is granted and the court applies the precautionary principle of adjudication of environmental matters, the said Karura Forest and parts thereof stand to be lost and erode the gains made in protecting forests in the country.

He argued that KFS and the wider public shall suffer irreparable loss and damages that will defeat the substratum of the intended appeal.

“The petitioner is likely to fence off the disputed area to the detriment of the KFS and the greater public. The suit property is used by the public for recreation activities such as sports,” said Lemarkoko.

KFS Chief Conservator of Forests said that fencing off the area is likely to lock out the public, a loss which cannot be compensated.

However, Block said that KFS has never been in possession of the suit land and no new fence has been erected.

He accused KFS of trespassing on the suit land despite the court barring it from doing so.

Block said that the KFS officers were seen patrolling the boundary between the suit property and Karura Forest, carrying maps and taking photographs without his permission.

However, Justice Kimei also declined KFS’s application to stay his orders pending appeal. The judge said KFS did not demonstrate substantial loss that it will suffer if the orders sought are not granted.

“Grant of stay of execution is at the discretion of the Court. Having considered the circumstances of the application and the applicable law, it is my finding that the applicant has not met the requisite principles for the grant of a stay order, and as such the application is unmerited,” said Justice Kimei.