constitution of kenya review commission (ckrc ... - ConstitutionNet

5undisputed fact that a country whose forests have been destroyed, the country’s whose water bodies and air have beenpolluted, the country whose land is eroded due to destruction of vegetative cover cannot provide a healthy environment tosustain life of its people. In this respect, among the country’s resources, the forests are one of the most important naturalresources. They act as important water catchments protection. Unfortunately, the Western region does not have adequateforest cover. As destruction of indigenous trees in the Western region has affected the unique bio diversity within the regionthat is causing change of climate and hence Agriculture suffers, and is surely leading to desertification if it is not controlled.Therefore I would recommend that the Constitution should provide for serious (inaudible) protection and conservation ofindigenous trees. Whether in private individually owned land or government forest. That finishes my submission on pillar numberone- that is the forests.Pillar number two, I am going to deal with our land. The present land ownership policy allows individuals to own land from thehilltops down into the middle of the river. The individual owner cultivates the hilltops and the riverbank destroying all thevegetation that protect the soil from erosion. In this respect, I recommend:a) That the Constitution should unify land ownership Legislation to avoid contradiction in the application of the law bydifferent government ministries.b) I recommend that the Constitution should provide for stringent land use control so that, for purposes of conservation allhilltops and side areas susceptible to soil erosion, be confined for conservation as only land use option. In this regard,at least 500 metres from the hilltop-all round the hill and 50 metres corridor on each side of the riverbank be mademandatory forest and soil conservation areas to be planted indigenous tress. Commissioners, while we are sitting here,we are not far away from a hill just down here called Sangaru. Now, during your stay around if you observed, you willhave noticed that Sangaru hill is the typical example of the worst form of bio-diversity destruction and soil erosion whichrequires urgently, such Constitutional measures to save the land. You go out there to Sangaru and you can see. In thedays when I was a boy, the whole hill was fully covered in forest. Today it is only rocks standing out and I am sorry tosay that, one of these days those stones will begin rolling. I don’t which direction they will go but you can imagine whatdisaster that would be. And today all the soil from the hill has been washed into Chwele river. Where are we going?Unless we do something now to save the situation. That is why I consider that is important, that the Consitution shouldprotect the hills as one of our resources.On the water- that is pillar number three - water is an essential resource for sustaining all forms of country’s life. Be it human,plant or animals. A country without sufficient good quality water is a hardship country. The Western region occupies verystrategic position in the Lake Victoria water catchment zone as some of the important rivers drawing into the lake, have sourcesor flow through this region. It is, therefore, important that all water sources in this region be fully protected against any form ofpollution and misuse. Therefore in this regard I recommend that the Constitution should provide for control of all forms of waterpollution through industrial or urban waste discharges into the rivers and other sources of water supply.