VIII.
REMEDIES AND REPARATIONS
Applicant's Submission
218. The
Applicant
contends
that
the
remedies
of
restitution ,
compensation, satisfaction and guarantees of non-repetition would be
most suitable to remedy the violations they have suffered by the actions
and omissions of the Respondent .
219.
On restitution , the Applicant argues that the Ogieks are entitled to
the recovery of their ancestral land through delimitation , demarcation
and titling process conducted by the relevant Government authorities.
With regard to compensation, the Applicant argues that the Ogieks
should be granted adequate compensation for all the loss they have
suffered . With respect to satisfaction and guarantees of non - repetition,
the Applicant
recognition
rehabilitation
of
urges the Court to
the
Ogieks
of
the
as
an
economic
adopt measures
indigenous
and
including full
people
social
of
Kenya ;
infrastructure;
acknowledgment of its responsibility within one year of the date of the
judgment ; publication of the official summary of the judgment through
a broadcaster with wide coverage in the community's region; and
establishing a National Reconciliation Forum to address long-term
sources of conflict .
Respondent's Submission
220.
On the issue of restitution the Respondent contends that the Mau Forest
Complex is strictly a nature reserve , and that the Respondent is obliged to
protect and conserve it for the benefit of its entire citizenry under its national
laws as well as under the African Convention on Conservation of Nature and
Natural Resources .
221.
On the issue of compensation, the Respondent submits that the Ogieks
have adopted modern lifestyles , and as they now exist, they do not depend
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