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

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