Out on a Limb: Saving Kenya`s Woodlands

In a classic confrontation over how best to manage Kenya`s wild lands, public interest attorney Nixon Sifuna has challenged government plans to allow the destruction of 10% of Kenya`s remaining woodlands.

Nixon Sifuna, Kenya

The stakes are high in this case. As the Los Angeles Times reported:

"Government plans to turn thousands of acres of forest land into settlements for squatters have sparked widespread outrage among environmentalists, politicians and concerned citizens, who say the move threatens to turn Kenya into a vast desert" (4/15/01).

Nixon filed the precedent-setting "forest excision" case in Kenya`s High Court at Eldoret in March. The judge issued a temporary injunction ordering the government to halt plans allowing destruction of the woodlands.

In an interview with a local paper, Nixon said: "The government has created the impression that this is a battle between squatters and forests, which is a wrong impression as this is a battle between land grabbers and a vital natural resource" (The People, 4/25/01).

On July 16, two days after winning preliminary rulings, Nixon was arrested and imprisoned overnight in an Eldoret police cell. The details of his arrest never made the Kenyan press.

The crowd outside Kenya`s High Court at Eldoret during the second hearing of the forest case.

In August, Nixon reported another disturbing development: presiding judge Roselyn Nambuye, who issued the temporary injunction, was transferred to another post. The case is now being handled by a new judge, Justice Omondi Tunya. In October, Justice Tunya dismissed the case. Nixon is now evaluating whether to appeal this ruling.

E-LAW U.S. Staff Attorney Jennifer Gleason says, "I`m sure Nixon will persevere. When I met him in Eldoret in May I could see his strong commitment to the environment and human rights. I can`t imagine they will scare him away. Their tactics will only make him stronger. Even if the government beats him in this case, he`ll soon be back in court with another case."

Nixon learned about the E-LAW network earlier this year. He did not have a computer, so he traveled to a local cyber cafe to tap legal and scientific resources from E-LAW advocates around the world. E-LAW U.S. has now equipped him with a computer and continues to work closely with him.