Kenya Court Bans Eucalyptus Planting Near Wetlands, Orders Removal of Trees Within 45 Days
The Ol-Kalou Land and Environment Court has issued a landmark ruling prohibiting the planting of eucalyptus trees within 30 meters of wetlands, citing significant environmental risks posed by uncontrolled cultivation. The ruling applies nationwide, not only to Nyamira County, where the case was filed.
In a comprehensive 100-page judgment, Justice Joseph Mugo ordered that all eucalyptus trees planted within the restricted zones must be uprooted within 45 days.
The court also outlined strict guidelines governing future eucalyptus planting, including requirements for written permission from the Water Cabinet Secretary for marshy areas, restrictions on irrigated farmlands, and bans on lands with water tables less than 20 meters deep or plots smaller than a quarter acre.
Additionally, eucalyptus trees may not be planted in areas receiving less than 400 millimetres of rainfall annually or within 30 meters of infrastructure such as buildings and roads.
Delivering the judgment, Justice Mugo highlighted that the case, filed as a public interest litigation, would set a precedent for environmental protection cases in Kenya.
He urged Parliament to enact legislation regulating the planting of eucalyptus trees within 12 months to mitigate the ecological risks associated with their uncontrolled proliferation. “Parliament must act swiftly to formulate laws that address the growing environmental concerns linked to eucalyptus cultivation, particularly around wetlands,” the judge said.
The litigation was initiated four years ago by Nyamira-based lawyer Wilfred Moseti Omariba, who filed suit against the Water and Environment Cabinet Secretaries, the Kenya Forest Service (KFS), the National Environment Management Authority (NEMA), and the Attorney General. Omariba accused the agencies of failing to regulate eucalyptus planting, which he argued posed serious threats to water sources, soil quality, and biodiversity.
Speaking after the ruling, Omariba, accompanied by environmentalist Beatrice Wanjiku, welcomed the judgment but urged Parliament to act promptly. “This is a significant victory for environmental conservation in Kenya. We now call on lawmakers to implement the court’s directives without delay to safeguard our wetlands and water resources,” he said.
Environmental experts have long warned that eucalyptus trees, while economically valuable, can deplete groundwater, reduce soil fertility, and threaten wetland ecosystems if planted indiscriminately. The ruling is expected to impact farmers and private landowners nationwide, prompting urgent compliance with the court’s directive.
With this landmark decision, Kenya joins a growing number of countries imposing stricter environmental regulations to balance economic development with ecological sustainability.
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Kenya Court Bans Eucalyptus Planting Near Wetlands, Orders Removal of Trees Within 45 Days