The Respondent had claimed that it was not bound by law to allow for public participation before putting up advertisements to invite concessions in state forest plantations, since the act of advertisement was intended to evaluate the expression of interest and thereafter call for bids from successful applicants. The Respondent had also not conducted public consultation prior to the issuance of the notice in the newspaper nor had it provided the public with any information as to how the decision to issue the notice was arrived at. This would be ultra vires the spirit of the Constitution of Kenya 2010, the forests Act, 2005 and the rules of natural justice because the Parliament and the Government of Kenya generally had not enacted the rules and regulations for the equitable sharing of resources. The applicants complained that if the Respondent was allowed to alienate forest land to any individual or private enterprises, it would result in hundreds and thousands of hectares of forest land being allocated to individuals and companies for a period of 30 years and more. The ex-parte applicants in this case sought court orders to prohibit and quash the decision of the Respondent (Kenya Forest service) which had advertised in the Kenya Daily Nation newspaper and called for individuals and interested institutions to apply for concessions in state forest plantations, for parcels of land between 1,000 – 12,000 hectares each. R V Kenya Forest Service Ex parte Clement Kariuki & 2 others suing as the Chairman, Secretary and Treasurer of the National Alliance of Community Forest Association Kenya Forest Service Constitutionally Bound to Allow for Public Participation before inviting concessions in Forest Lands Republic v Kenya Forest Service Ex-parte Clement Kariuki & 2 others eKLR High Court at Nairobi (Milimani Law Courts) Republic v Kenya Forest Service Ex-parte Clement Kariuki & 2 others
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January 2023
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