-
In spite of the near universal acknowledgement of their
dependence on the Mau Forest as a space for the exercise of their
traditional livelihoods and as a source of their sacral identity,
the
Government of Kenya in October 2009 , through the Keny
a
Forestry Service, issued thirty (30) days eviction notice to
the
Ogiek and other settlers of the Mau Forest, demanding that they
move out of the Forest on the grounds that the forest constitute
da
reserved water catchment zone , and was in any event part and
parcel of government land under Section 4 of the Governme
nt's
Land Act.
4. The Applicant is concerned that the implementation of the
eviction
notices of the Government of Kenya will have far reach
ing
implications on the political , social and economic survival of the
Ogiek
Community as their eviction will lead to the destruction of their mean
s
of survival , their livelihoods , culture, religion and identity,
which
amounts to serious and massive violations of the rights enshrined
in
Articles 1, 2, 4, 14, 17(2) and (3), 21 and 22 of the African Char
ter on
Human and Peoples' Rights as envisaged under Article 58(1)
of the
same Charter.
5. The Applicant concludes the application by praying the Cour
t to order
the Respondent to:
-
Halt the eviction of the Ogieks from the East Mau Forest and
refrain from harassing, intimidating or interfering with
the
Community's traditional livelihoods ,
- Recognize the Ogieks' historic land, and issue the community
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
- Pay compensation to the community for all the loss they
have
suffered through the loss of their property, development, natur
al
resources and also freedom to practice their religion and culture.
3