The Environment and Land Court in Ol Kalou has banned planting eucalyptus trees within 30 meters of water sources. Judge Mugo Kamau has ordered the National Assembly to enact regulating laws within 12 months. In the interim, the court has issued temporary guidelines to manage such planting.
In his ruling, Judge Mugo Kamau ordered the National Assembly to enact laws regulating eucalyptus planting nationwide within 12 months. While those laws are prepared, the court issued interim guidelines for managing such planting. These include removing and banning eucalyptus within 30 meters of springs, rivers, dams, watercourses, lakes, and the sea. Additionally, the trees are prohibited in reservoir areas or farms used for irrigation, on land under a quarter acre, or in regions with less than 400 millimeters of annual rainfall, unless with special permission from the Minister of Environment and Climate Change.
“To avoid doubt, these directives shall be implemented nationwide, and the respondents are ordered to ensure compliance with this decision,” said Judge Mugo.
The order followed a petition filed by environmental activist and lawyer Wilfred Omariba in 2022. Omariba sued the government for failing to control rampant eucalyptus planting, which he said has caused significant environmental damage. Citing examples from Kisii and Nyamira counties, he noted that the trees have been planted near springs and water areas, reducing water volumes in rivers and dams. “Water volumes have decreased so much that residents are now fighting over water and the government has had to drill boreholes,” said Omariba. “In the past, people in Kisii and Nyamira were self-sufficient in food; now they buy from other counties—eucalyptus is the cause.”
He warned that if the trend continues, water-rich counties could disappear within the next 50 years, turning Kenya into a desert. Omariba sued the Minister of Environment, Minister of Water, NEMA, Kenya Forest Service (KFS), and the Attorney General. The court gave the government 45 days to begin implementation. After the ruling, Omariba expressed his joy, calling it a victory for citizens, the environment, and future generations.