KFS Declares Muthaiga Golf Club Occupation of Part of Karura Forest Illegal

The Kenya Forest Service (KFS) has declared the occupation of a disputed section of Karura Forest by Muthaiga Golf Club illegal, saying the club has not provided evidence demonstrating a lawful claim to the contested land.

The dispute centres on Land Reference Number 13134/3, which the golf club claims ownership of. KFS says approximately 21.8 hectares of the parcel encroach on the gazetted Karura Forest reserve.

In a statement, the Forest Service said the disputed land forms part of Karura Forest, which was gazetted as a forest reserve in 1932 and subsequently declared a Central Forest in 1964.

History of the Disputed Land

According to KFS, Karura Forest covers approximately 1,044.1 hectares and was initially gazetted through Proclamation No. 44 of 1932.

The forest was later declared a Central Forest through Legal Notice No. 174 of May 20, 1964.

KFS said historical correspondence between the then Forest Department and the Commissioner of Lands provides information on how land associated with the golf course was surveyed and leased.

The service said a plan outlining the extent of land leased to the then Karura Golf Club was issued in 1966, following which construction of the golf course commenced.

In 1974, the Chief Conservator of Forests reportedly wrote to the club concerning a proposed alteration of the golf course boundary that would have extended the course further north.

Special Use Licence Dispute

KFS said the club was invited to apply for a Forest Special Use Licence after the enactment of the Forest Conservation and Management Act, 2007.

According to the Forest Service, the club did not take up the invitation.

KFS said the issue resurfaced in 2021 when the service invited representatives of the golf club to discuss its occupation of land within the Karura Forest Reserve.

During those discussions, KFS said the club's representatives claimed to possess a title deed for the disputed property.

The Forest Service, however, said its subsequent review did not identify evidence establishing that the club's occupation of the disputed section was lawful.

KFS Raises Public Land Concerns

KFS said historical correspondence in its possession indicated that the club had previously acknowledged occupying land within the gazetted forest.

The service said the more recent ownership claims therefore raised questions concerning the status of public land within the forest reserve.

KFS has called on the golf club to address the matter through formal engagement with the Forest Service and in accordance with the Forest Conservation and Management Act.

Access Restricted to Part of Golf Course

The statement follows an intervention by KFS officers at Muthaiga Golf Club, where access to the Front Nine, covering Holes 2 through 9, was restricted.

KFS said the affected section falls within the boundary of Karura Forest.

The golf club has indicated that its driving range and parking areas remain unaffected, while members have been unable to access the Front Nine as discussions over the disputed land continue.

The disagreement has created competing positions over the ownership and legal status of the contested section.

Parties Seek Resolution

The dispute has prompted plans for engagement between KFS and Muthaiga Golf Club as the parties seek to resolve the disagreement.

The central issues include the historical allocation and boundaries of the golf course, the status of the disputed title and the legal requirements governing occupation and use of land within a gazetted forest.

For KFS, the position is that land forming part of the gazetted Karura Forest must remain subject to the applicable forest-management laws unless a lawful basis for its use or occupation is established.

The golf club's position on the ownership claim remains part of the ongoing dispute.

As discussions continue, the resolution is expected to depend on historical land records, survey information, title documentation and the applicable legal framework governing public forest land.