ancestral home . 19 T he most sa lient featur e of most indigenous populations is th e ir strong attachment with nature , particularly , land and the natural e nvironm e nt. Their s urvival in a particular way depends on unhi nde red access to and use of th e ir tradit ional land and the natu ra l resources thereon . In this regard, the Ogieks, as a hunter -gat her e r community , have for centuries depended on the Mau Forest for their residence and as a source of their livelihood . 110 . The Ogieks also exhibit a voluntary perpetuation of cultural distinctiveness, which includes aspects of language , social organisation , religious , cultural and spiritual values , modes of production, laws and institutions 20 through self-identification and recognition by other groups and by State authorities 2 1, as a distinct group. Despite the fact that the Ogieks are divided into clans made up of patrilineal lineages each with its own name and area of habitation , they have their own language, albeit currently spoken by very few and more importantly , social norms and forms of subsistence, which make them distinct from other neighbouring tribes. 22 They are also identified by these neighbouring tribes , such as the Maasai , Kipsigis and Nandi , with whom they have had regular interaction , as distinct 'neighbours' and as a distinct group .23 111 . The records before this Court show that the Ogieks have suffered from continued subjugation, and marginalisation.24 Their suffering as a result of evictions from their 19 See the Presidential Commission of Inquiry into the Illegal/Irregular Allocation of Public Land or the Ndung'u Report June 2004 (hereinafter referred to as the Ndung'u Report) page 154 and the Report of the Prime Minister's Task Force on the Conservation of the Mau Forests Complex March 2009 (hereinafter referred to as the Mau Task Force Report) page 36. 2° Corinne A Kratz, 'Are the Okiek Really Masai? Or Kipsigis? Or Kikuyu?' 1980 Cahiers d'Etudes Africaines Vol20, (hereinafter referred to as Kratz, Corinne A) page 357. 21 Affidavit of Samuel Kipkorir Sungura, Affidavit of Elijah Kiptanui Tuei, Affidavit of Patrick Kuresoi filed by the Applicant; The Final Report of the Truth , Justice and Reconciliation Commission of Kenya 3 May 2013 (hereinafter referred to as the T JRC Report) Volume IIC paragraphs 204 and 240; and UNHRC, ' Cases examined by the Special Rapporteur (June 2009 July 2010) available at http://www2.ohchr.org/english/bodies/hrcouncil/docs/15session/A.HRC .15.37 .Add.1.pdf, at paragraph 268. 22 Kratz, Corinne A, pages 355 to 368. 23 Kratz, Corinne A. (1980} pages 357 to 358. 24 See Verbatim Record of Public Hearing 27 November 2014 page 137; the T JRC Report (2013), paragraphs 32-47 (including other minority and indigenous people in Kenya); UNCESCR 'Concluding 32

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