ancestral lands and forced assimilation and the very lack of recognition of their status as a tribe or indigenous population attest to the persistent marginalisation that the Ogieks have experienced for decades. 25 112. In view of the above , the Court recognises the Ogieks as an indigenous population that is part of the Kenyan people having a particular status and deserving special protection deriving from their vulnerability . 113. The Court will now proceed to examine the articles alleged to have been violated by the Respondent. B. Alleged violation of Article 14 of the Charter Applicant's Submission 114. The Applicant contends that the failure of the Respondent to recognise the Ogieks as an indigenous community denies them the right to communal ownership of land as provided in Article 14 of the Charter. The Applicant also argues that the Ogieks ' eviction and dispossession of thei r land without their consent and without adequate compensation , and the granting of concessions of their land to third parties, mean that their land has been encroached upon and they have been denied benefits deriving therefrom. 115. The Applicant avers that the Constitution of Kenya takes away land rights from the communities concerned and vests it in government institutions like the Forestry Department, adding that for the laws relating to community land rights to be effective, the Constitution and the Land Act of 2012 must be reconciled Observations of the Committee on Economic, Social and Cultural Rights: Kenya• (1 December 2008) UN Doc. E/C.12/KEN/C0 /1 page 3 paragraph 12; UNHRC, Report of the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous peoples' available at http://www2.ohchr.org/english/bodies/hrcouncil/docs/15session/A.HRC.15.37.Add.1.pdf at paragraphs 41 and 65 to 77. 25 See also Kimaiyo, Towett J (2004) Ogiek Land Cases and Historical Injustices- 1902-2004. 33 4 ~