4. In its Application, the Applicant prays the Court to Order the Respondent to:
a. Halt the eviction of the Ogiek from the East Mau Forest and refrain from
harassing, intimidating, or interfering with the community’s traditional
livelihoods;
b. Recognize the Ogiek’s historic land, and issue it with legal title that is
preceded by consultative demarcation of the land by the Government and
Ogiek Community, and for the Respondent to revise its laws to accommodate
communal ownership of property; and
c. Pay compensation to the community for all the loss they have suffered
through the loss of their property, development, natural resources and also
freedom to practice their religion and culture.
5. The Applicant subsequently requested the Court to issue provisional measures
on the ground that, on 9 November 2012, the Ministry of Lands of the
Respondent issued a directive that restrictions on transactions for land
measuring five acres or less within the Mau Forest Complex Area be lifted. This,
according to the Applicant, has the potential to cause further irreparable damage
to the Ogiek in the Mau Forest Complex and will serve to perpetuate and expand
the prejudice that is the subject of the Application.
6. During its 28th Ordinary Session, the Court ordered provisional measures as
follows:
a. The Respondent immediately reinstates the restrictions it had imposed on
land transactions in the Mau Forest Complex and refrains from any act or
thing that would or might irreparably prejudice the main application before the
Court, until the final determination of the said application.
b. The Respondent reports to the Court within a period of fifteen (15) days from
the date of receipt hereof, on the measures taken to implement this Order.