NAIROBI, Kenya — The Kenya Forest Service (KFS) has accused Muthaiga Golf Club of illegally occupying part of the gazetted Karura Forest, escalating a dispute over the ownership and boundaries of land on which the golf course stands.
In a statement, KFS said its records did not contain evidence establishing a legal basis for the club’s occupation of the disputed section of the forest.
The agency said the club had historically acknowledged occupying land within the gazetted forest, but recently claimed to hold a title deed for the contested area.
KFS said the claim requires formal engagement to establish the legal status of the land.
KFS Traces Karura Forest to 1932
According to KFS, Karura Forest covers approximately 1,044.1 hectares and was gazetted as a forest reserve through Proclamation No. 44 of 1932.
The forest was subsequently declared a Central Forest under Legal Notice No. 174 of May 20, 1964, alongside other state forests gazetted before independence.
KFS said historical correspondence between the then Forest Department and the Commissioner of Lands documents the surveying and leasing of land for the establishment of the golf course.
A plan showing the extent of land leased to the club was issued in 1966, after which construction of the golf course commenced.
KFS Says Golf Course Boundary Was Later Altered
The forest agency said the golf course’s boundaries were subsequently altered.
KFS cited a 1974 letter from the Chief Conservator of Forests to the club confirming a proposed alteration of the golf course boundary that would extend the course further north.
The agency said the historical correspondence forms part of the records it is relying on in the current dispute.
The disagreement centres on whether land currently occupied by the golf club falls within the boundaries of the gazetted forest.
KFS has separately identified approximately 21.8 hectares that it says the club’s claimed parcel, LR No. 13134/3, encroaches into Karura Forest.
Club Was Asked to Apply for Special Use Licence
KFS said the dispute persisted after the enactment of the Forest Conservation and Management Act, 2007, when the club was invited to apply for a Forest Special Use Licence.
The agency said the request was not honoured.
The Forest Conservation and Management Act provides for authorisations for activities in forests, including special-use licences, subject to statutory requirements.
KFS said it again invited the club in 2021 to discuss what it described as illegal occupation of Karura Forest.
During that engagement, the agency said, club representatives claimed to hold a title deed for the land.
KFS Questions Legal Basis of Club’s Occupation
The forest agency said it had found no record proving the club’s legal occupation of the disputed forest land.
“There is no evidence of record to the effect proving legal occupation of the forest by the Club,” KFS said.
The agency further said historical correspondence in its possession showed that the club had previously acknowledged occupying land within a gazetted forest.
KFS said the club’s more recent ownership claims “may imply grabbing of public land by private interest.”
That is KFS’s characterisation of the dispute; it has not been established by a court in the material currently available.
Dispute Escalates Over Eight Golf Holes
The latest dispute became public after KFS moved onto part of the Muthaiga Golf Club course and restricted access to the Front Nine, from Hole No. 2 to Hole No. 9.
Club chairman Dennis Mwirigi told members that KFS was claiming the affected section formed part of Karura Forest. The club described the move as an invasion and said its board was working to resolve the matter.
The club said its driving range and parking areas were not affected, while the eight holes were temporarily unavailable to members.
The dispute has prompted discussions involving the club, KFS and government survey and legal teams.
KFS Calls for Formal Engagement
KFS said the club should address what it considers the illegalities through formal engagement with the forest agency.
“There is need for the Club to address the illegalities through formal engagement with Kenya Forest Service, in line with the Forest Conservation and Management Act,” the agency said.
The statement comes as the two sides seek to resolve a dispute involving historical surveys, leases, forest boundaries and the club’s claimed title documentation.
The legal status of the contested land remains disputed, with KFS relying on its historical records while the club has maintained that it possesses documentation supporting its occupation.
