Forests, Licences, Specific Performance, Environmental Impact Assessments, Biodiversity, Permits, Public Participation, Standing, Civil, Property

The court is required by the plaintiff to stop the Director of the Kenya Forest Service allocates saw millers to harvest timber and fuel materials from the Lembus forest.

The plaintiffs claim that those allocations have taken place without involving the local community as required by the Forest Participation in Sustainable Forest Management Rules and the Forest Act. The Director of the Kenya Forest Service claimed that all saw millers are qualified and that all the authorisation where given with the idea of promoting sustainability.

The court considered that the absence of public participation in the absence of the inclusion of the local community and the absence of proof showing that the trees were harvested in a sustainable manner is enough to require that all harvesting activities in the Lembus Forest must be restrained.