G. Alleged violation of Article 21 of the Charter Applicant's Submission 191 . The Applicant contends that the Respondent has violated the rights of the Ogieks to freely dispose of their wealth and natural resources in two ways. Firstly, by evicting them from the Mau Forest and denying them access to the vital resources therein , and secondly, by granting logging concessions on Ogiek ancestral land without their prior consent and without giving them a share of the benefits in those resources . 192. Countering the Respondent's contention that it has incorporated Article 21 of the Charter into the Kenyan Constitution 59 , the A p pI i cant maintains that, there is s t iII no implementing legislation in place in this regard . The Applicant adds that, under the previous Constitution and legislation , the Respondent was unable to implement the framework for protection of the Ogieks , who, could not claim any part of Kenya as their community land like other communities. 193 . The Applicant states that the Ogieks neither got land unde r the Native Land T rust Ordinance 1938 , the Constitution of Kenya, 1969 , the Land (Group Representatives) Act, Chapter 287 nor under the Trust Land Act. The Applicant adds finally that , the Ogieks have provisions still not recognising benefited from community the land new and const i tutiona l therefore the violations are continuing to date . According to the Applicant, the purpose of Article 21 of the Charter is to facilitate development, ec onomic independence and self - determination of the post - colonial States as well as the peoples that comprise those states , protecting them against multi-nat i onals as wel l as against the State itself . 59 Article 69 of the Constitution of the Republic of Kenya (2010). 58 ~ 7