Joseph Leboo & 2 others v Director Kenya Forest Services & another [2013] KEELC 41 (KLR)
- Court
- Environment & Land Court
- Case number
- 41
- Citation
- [2013] KEELC 41 (KLR)
- Decided
- 1 October 2013
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from an original trialCoramMiss J.
Holding
The application is allowed, and the respondents are restrained from harvesting trees or timber or removing any tree materials from the specified blocks of Lembus Forest pending the hearing and determination of the suit.
Facts
Plaintiffs filed an application seeking an injunction to restrain the defendants from harvesting timber and fuel materials in eight blocks of Lembus forest within Baringo County.
Issues
- Whether the defendants have illegally allocated saw millers to harvest timber and firewood materials in Lembus forest.
- Whether the laid down procedures as per the Forest Participation in Sustainable Forest Management Rules 2009 and the Forest Act have been adhered to.
- Whether the community has been involved in the harvesting of timber and firewood from the forests.
- Whether the applicants have demonstrated that the respondents failed to follow proper procedure.
Reasoning
The court found that the defendants have not followed proper procedures and have not involved the community in the harvesting of timber and firewood from the forests.
Outcome
Application allowed
Orders
- Pending the hearing and determination of this suit, the respondents and their agents/assigns and any person authorized by them, or by the Kenya Forest Service, are hereby restrained from harvesting trees or timber or removing any tree materials from Sabatia, Maji Mazuri, Kiptuget, Chemususu, Naivasha, Koibatek, Chemurgok, and Esegeri Blocks of Lembus Forest.
Remedies
- Tree harvesting stopped pending hearing of the suit
Authorities cited
Legislation (3)
- Civil Procedure Act
- Forest Participation in Sustainable Forest Management Rules 2009
- Forest Act
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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