Tana River Senator Danson Mungatana has threatened legal action against the Interior Cabinet Secretary Kipchumba Murkomen over his recent move to declare several parts of his county as restricted areas under the National Intelligence Service (NIS).
In a fiery press conference on Thursday, May 22, Mungatana accused Murkomen of acting against the law, after the CS designated parts of Masalani in Garissa and Tana River counties as protected areas, through a gazette notice dated May 16.
After the notice, parts of Tana River and Garissa counties have restricted access to the public.
According to Mungatana, the government’s move was a blatant land grab, which has since triggered protests in Tana River.
“I want to call on the Murkomen to take out the gazette notice,” Mungatana said. “You cannot take Kenyans’ land like that. If you do that, who will listen to us? Citizens are very angry.”
“I will bring this thing to the Senate and summon Murkomen. If that does not work. We will move to court. We will explore all legal avenues if they do not heed the citizens’ request.”
Some of the areas gazetted as restricted areas include Majengo, Wenje, Garsen, Hola, and Fajua in Garissa County.
As per the gazette notice, residents from these areas and others would now need approval from Director General of the NIS, Noordin Haji before accessing the areas.
But Mungatana questioned the motives behind restricting the areas, calling on the government to compensate residents in the event that the areas were cordoned off for government projects.
“We are not begging. We are demanding. Remove the gazette notice. Call the citizens and elders, explain to them what is taking place, so that we know what is going on. And if there are benefits, let the citizens enjoy those benefits,” the Senator insisted.
According to the Protected Areas Act (Cap. 204), the government can issue access restrictions in certain areas for security and public safety.
While Murkomen did not outline why the areas were declared as protected areas, being NIS facilities, the areas house sensitive intelligence operations, requiring strict access control.
The designation of protected areas isn’t new. Kaya Forests along Kenya’s coastal region in Kilifi, Kwale, and Mombasa counties have also been previously declared as protected areas.
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