Now Therefore:
22.
The Court finds that there is a situation of extreme gravity and
urgency, as well as a risk of irreparable harm to the Ogiek of the Mau
Forest and also prejudice to the substantive matter before the Court;
23.
Consequently, the Court concludes that the circumstances
require it to order, as a matter of urgency, provisional measures, in
accordance with Article 27 (2) of the Protocol and Rule 51 of its
Rules, to preserve the status quo ante pending the determination of
the Court on the main application;
24.
For the avoidance of doubt, the measures the Court will order
will necessarily be provisional in nature and will not in any way
prejudge the findings the Court might make on its jurisdiction, the
admissibility of the application and the merits of the case;
25.
For these reasons,
THE COURT unanimously grants the Applicant's request and hereby
provisionally ORDERS that:
1) 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.
2) 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.
Done at Arusha, this fifteenth day of March in the year Two Thousand and
Thirteen, in English and French, the English text being authoritative.
Signed:
Sophia A.B. AKUFFO, President
Fatsah OUGUERGOUZ, Vice-President (
\~a~lA
::;J '
7
- -::;;: ~
~y:fo~
~~------~=-~-
~