Landmark ruling in Ogieks' land case expected tomorrow

Members of the Ogiek community and leaders, led by Francis Maritim, have protested against a Cabinet proposal to hive off 42 acres of the Maasai Mau Forest. More than 700 Ogieks living in Soget and Londiani, say they have been living on 5,000 acres
Members of the Ogiek community and leaders, led by Francis Maritim, have protested against a Cabinet proposal to hive off 42 acres of the Maasai Mau Forest. More than 700 Ogieks living in Soget and Londiani, say they have been living on 5,000 acres

The African Court on Human Rights will rule on Friday on the Ogiek community's request to be allowed to remain in Mau Forest.

This is the first time the Arusha-based court will rule on a case involving indigenous peoples’ rights. It is regarded as a landmark case.

The group sued Kenyan authorities over what it called continued and systematic rights violations and denial of land rights by the government.

The Ogiek, 35,000 of whom are complainants, live in the Mau Forest complex in the Rift Valley.

They are among the last remaining forest-dwelling communities and the most marginalised indigenous peoples in Kenya.

Ogieks are hunter-gatherers who have been fighting the government for more than 10 years over invasion of the forest by illegal settlers and loggers.

They have accused Kenyan authorities of violating their rights to life, property, natural resources, development, religion and culture.

The community said this violates the African Charter on Human and Peoples’ Rights, to which Kenya is a signatory.

"This case is of fundamental importance for indigenous peoples in Africa, particularly in the context of the continent-wide conflicts between communities," said Lucy Claridge, director of Minority Rights Group International's legal division.

She added that conflicts are sparked by pressures on land and resources.

"Ultimately the court will rule on the crucial role of indigenous peoples in the conservation of land and natural resources. This has implications for mitigation of climate change in a region ravaged by drought and famine," she said.

Daniel Kobei, executive director of the Ogiek Peoples’ Development Progra, said:

"This judgment will be a huge milestone for the Ogiek community. We are optimistic it will be positive and respected by the Kenyan government so that Ogieks can feel complete and enjoy all the basic rights like every other Kenyan."

The case was heard by the court in November 2014.

In March 2013, the African Court issued provisional orders stopping land transactions in the Mau Forest and barring any action which would interfere with the case pending determination.

The Ogieks said the government defied the injunction.

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