Private conservancy and Athi River community clash over wildlife corridor

A simmering standoff is looming between the Kenya Wildlife Service (KWS) and a local community in Athi River, Machakos County, over the existence of a wildlife corridor allegedly gazetted during the Jubilee administration.

The push and shove between the local community under Kinanie Community Organisation, the KWS and a private Wildlife Sanctuary Management has prompted the community to petition the National Assembly Lands Committee seeking answers on the said wildlife corridor.

In a letter obtained by the Nation dated March 26, 2024, through Otieno Obwanda and Co Advocates questioned the existence of an expansive wildlife corridor running from neighbouring Kajiado County to Kinanie Location in Machakos County.

The locals claimed that since the government irregularly gazetted the private wildlife sanctuary, the residents were denied access to the shrine where their ancestors used to pray.

"The shrine is claimed by KWS to be in the wildlife corridor and part of Game Ranching Limited land... KWS wardens and Game Ranching Limited Management have frequently chased them out of the sites and even arrested worshippers without any justification," reads part of the petition.

 The community wants the National Assembly Lands Committee to investigate the existence of the alleged wildlife corridor and the validity of the lease title to avert further clashes between the warring factions.

 Kenya Wildlife Service (KWS) Communications Director Mburu Jinaro said the service usually extends its ranger services to private sanctuaries.

When Nation visited the disputed corridor within the expansive land measuring thousands of acres currently under KWS rangers on Saturday, an eerie silence enveloped the entire area, with little human activity apart from a few trucks transporting murram.

The guard at the main gate said the sanctuary was currently out of bounds for visitors.

 "This is a private sanctuary. We do not allow visitors at this time. Please leave," said the gatekeeper after sharing the email address of the ranch management.

Attempts to reach Game Ranching Limited Management, which is linked to a Briton, hit a snag. At the time of going to press, our email had not been responded to.

From a high point along the Stone Athi Road, the expansive land, characterised by green leafy shrubs, disappears to the horizon to the south. In one spot, dozens of large mining holes are filled with rainwater.

Land ownership in Mavoko Sub County, especially the large chunks of land under 999-year lease agreements, is not exclusive.

According to court papers obtained by the Nation in June 2023, High Court Judge Justice Christine Ochieng rejected David Hopcraft's application to strike out the case filed by Twiga Chemicals Industries seeking the eviction of some British aristocrats from the expansive ranch in Machakos County.

In the matter, Twiga Chemicals sought to evict Game Ranching Ltd from the land, arguing in court that an agreement between the two companies barred the parties from subletting the land without consent.

Game Ranching had claimed that it had been in adverse and uninterrupted possession of the land for over 12 years.

In another case at the Machakos Environment and Land Court in 2014 under case number 79 of 2014, Mr David Hopcraft for Game Ranching Limited (Defendant) was embroiled in another case with Mr Joseph Muoki Kakenyi and two other plaintiffs over a portion of land measuring 81.48ha (218 acres).

 The plaintiff's late father had entered into an agreement with the defendant for the sale of land but died before the defendant could transfer the land to him.

The court has made a declaration that the plaintiffs, on behalf of the late Peter Mwikya Kakenyi, are entitled by adverse possession to all that portion of land measuring 81.48ha (approximately 218 acres thereabout) which is a portion of all that piece of land known as LR.7590/6.