notice was in respect of the East Mau forest and that the dispute is over the
whole of Mau Forest making it vague and ambiguous. The Respondent
maintains that those, including Ogieks in the area covered by the notice are
trespassing and that the Ogieks have been fully consulted and adequately
provided for as indicated in the Mau Task Force report.
Respondent has
fulfilled its obligations under Article 1 of the Charter by putting in place
legislative, judicial, administrative and other measures to guarantee
preservation, protection and promotion of Charter rights. The Bill of Rights of
the Constitution of Kenya has provisions that correspond to those of the
Charter. Specific initiatives to ensure the participation of minority groups
such as the Ogiek, in the development of the country, have been put in
place. These include nominating Members of Parliament to represent special
interest groups, the adoption of a national land policy which requires the
establishment of a legal framework to secure the rights of minorities and
indigenous peoples, adoption of a national poverty reduction programme and
adoption of Agenda 4 of the Kenya National Dialogue and Reconciliation
Framework of 28 February 2008 which requires, inter alia, land reforms. The
Respondent has also established the Truth, Justice and Reconciliation
Commission (TJRC), the Kenya National Commission on Human Rights
(KNCHR), the Gender Commission and the Public Complaints Standing
Committee (PCSC).
ii.
The Respondent has not violated Article 2 of the Charter as Section 82(1) of
the Constitution of Kenya accords protection against discrimination.
Interventions to this end include the promulgation of the National Cohesion
and Integration Act of 2008 which establishes a Commission to oversee its
implementation, the National Law Policy providing for recognition of
communities like the Ogiek and the establishment of the Constituency
Development Fund to ensure equitable and balanced development across
the country. The KNCHR can investigate human rights violations, the TJRC
addresses historical injustices and the PCSC deals with complaints on