Nairobi, September 18 & 19, 2023 : The Environmental and Physical Planning Division of the Environmental and Lands Courts will hear arguments concerning the lifting of the Logging Moratorium, a case filed by the Law Society of Kenya against the Attorney General and Ministry of Environment Climate Change and Forestry, among others.
Natural Justice, as the second interested party in the Environment and Planning Division ELC Petition No. E001 of 2023, is scheduled to appear before the environmental and lands court to challenge the pronouncement made by H.E. William Samoei Ruto regarding the lift of the logging moratorium. This case assumes exceptional significance as the first ever to be filed under the newly created Environment and Physical Planning division.
Natural Justice emphasizes the vital role of public engagement in a democratic society. Through our affidavit, NJ contributes to the ongoing proceedings related to the nationwide logging ban lifted by the President and various state entities. Central to our argument is the failure to uphold meaningful public engagement, a principle enshrined in our constitution and essential for proper implementation. Failure to follow these legal processes and principles, such as the precautionary principle, will likely result in an acceleration of Africa’s deforestation and deepen poverty due to climate and biodiversity crises.
While our primary focus is on public participation, our submission also addresses other important issues, such as concerns regarding the legal doctrine of res judicata, which holds that “the matter has already been heard.” We present these issues diligently to ensure that our legal discourse covers all pertinent facets.
Additionally, Natural Justice argues that the absence of relevant and effective policies to facilitate the lifting of the logging moratorium will lead to the violation of Constitutional rights and international policies and commitments. The Law Society of Kenya leads this legal charge for transparent governance and adherence to due process, with several other interested parties offering their perspectives.
As these legal proceedings unfold, we remain committed to the pursuit of justice and the protection of democratic values. Our role as an interested party allows us to provide a comprehensive perspective, rooted in our dedication to environmental integrity and procedural fairness.
According to the United Nations Food and Agriculture Organization, Africa loses 4,000,000 hectares of its forests each year. This rate of deforestation is nearly double the global average, exacerbating climate and biodiversity crises affecting indigenous and local communities in Africa and worldwide.
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Notes to Editors: For media inquiries and further information,
please contact:
Salome Muiruri, Natural Justice
+254721480153
Email: salome@naturaljustice.org
