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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 Kenya
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 constituted a
reserved water catchment zone, and was in any event part and
parcel of government land under Section 4 of the Government's
Land Act.
4. The Applicant is concerned that the implementation of the eviction
notices of the Government of Kenya will have far reaching
implications on the political , social and economic survival of the Ogiek
Community as their eviction will lead to the destruction of their means
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 Charter on
Human and Peoples' Rights as envisaged under Article 58(1) of the
same Charter.
5. The Applicant concludes the application by praying the Court to order
the Respondent to:
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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, natural
resources and also freedom to practice their religion and culture.
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