Court bans planting of eucalyptus trees near wetlands

The Ol-Kalou Land and Environment Court has issued orders prohibiting the planting of eucalyptus trees in areas less than 30 meters from wetlands.

The order, which affects the whole country and not only Nyamira where it was filed, also requires all eucalyptus trees planted in such areas to be uprooted within a 45-day window period.

While delivering the judgment, Justice Joseph Mugo noted that a public interest litigation filed by Nyamira-based lawyer Wilfred Moseti Omariba would set precedence in the determination of cases related to environmental issues.

The judge pointed out that Parliament ought to formulate laws regulating the growing of eucalyptus trees to address the growing concerns and dangers associated with uncontrolled planting, especially on wetlands.

Parliament is now required to come up with such laws within a period of 12 months.

Lawyer Omariba filed the suit against the Water and Environment Cabinet Secretaries, Kenya Forest Service (KFS), National Environment Management Authority (NEMA), and the Attorney General at the Nyamira High Court four years ago, accusing them of failing to control and regulate the growing of eucalyptus trees, thus posing serious threats to the environment.

Flanked by environmentalist Beatrice Wanjiku, Omariba welcomed the judgment and, at the same time, called on Parliament to move with speed and make laws to regulate the growing of eucalyptus trees as directed by the court.

In the 100-page judgment, the court also prohibited the planting of eucalyptus trees on marshy areas unless with written permission from the Water CS, planting of the trees on irrigated farmlands and areas where the water table depth is less than 20 meters, areas less than 30 meters from infrastructure facilities like buildings and roads, and parcels of land measuring below a quarter acre.

Further, eucalyptus trees are not to be planted in areas that receive less than 400 millimetres of rainfall on average per year.