objective and reasonable justification and, in the circumstances where it is not necessary and proportional. 32 1 4 0 . In the instant case, the Court notes that the Respondent's national laws as they were before 2010, including the Constitution of Kenya 1969 (as Amended in 1997), the Government Lands Act Chapter 280, Registered Land Act Chapter 300, Trust Land Act Chapter 285 and the Forest Act Chapter 385, recognised only the concept of ethnic groups or tribes. While some of these laws were enacted during the colonial era, the Respondent maintained them with few amendments or their effect persisted to date even after independence in 1963. 141. In so far as the Ogieks are concerned , the Court notes from the records available before it that their request for recognition as a tribe goes back to the colonial period , where their request was rejected by the then Kenya Land Commission in 1933 , asserting that "they [the Ogieks] were a savage and barbaric people who deserved no tribal status" and consequently, the Commission proposed that "they should become members of and be absorbed into the tribe in which they have the most affinity". 33 The den ia I of their request for recognition as a tribe also denied them access to their own land as , at the time, only those who had tribal status were given land as "s pecial reserves " or "comm unal reserves " . This has been the case since independence and is still continuing. 34 In contrast, other ethnic groups such as the Maasai, have been recognised as tribes and consequently, been able to enjoy all related rights derived from such recognition , thus proving differential treatment.35 32 As above. 33 See also Verbatim Record of Public Hearing 27 November 2014 pages 15 to 16 on the Respondent's Opening Statement. 34 See Ndung'u Report page 154, Mau Task Force Report page 36 and TJRC Report Voi iiC paragraphs 204 and 240. 35 For instance, Maasai Mau Trust Land Forest, which forms part of the Mau Forest Complex is managed by the Narok County Council rather than the Kenya Forest Service as it is the only Trust Land out of the 22 forest blocks in the complex, thereby, recognising a special designated area for the Maasai; See in this regard, Mau1 ask Force Report page g.