By David Omurunga
Nakuru County, Kenya: The Ogiek community in Kenya is a worried lot, even after a landmark ruling in 2017 that was in their favor.
Seven years later, the government of Kenya which was compelled by the African court to help the community go back to their ancestral land, is threatening to withdraw its membership from the court.
On 15 July 2024, the president of the Republic of Kenya Dr William Ruto, during an event in Njoro sub-county Nakuru county, allegedly said that he could not withstand the pressure from the Arusha court. “Two things, lift the caveat on land in Mau or we will withdraw from the court by December 2024”. Says the president.
However, the Ogiek People’s Development Program, OPDP an indigenous-led organization working to secure the rights of the Ogiek and other marginalized Indigenous communities in Kenya, wants the government to implement the court’s ruling.
“We don’t wish to be in and out of the corridors of justice”. Says Daniel Kobei Executive Director of OPDP.
Jane Konin, a mother, a grandmother, and a self-proclaimed rights activist is an Ogiek woman, with unanswered questions.
Mrs Konin is among those who were evicted from Mau complex in October 2009 by Kenya Forest Service officers, after the government of Kenya ordered so. “They drove the entire community away from our original home, without even providing an alternative area for us”. Says Mrs. Konin.
On 26 May 2017, the African Court of Human and Peoples Rights in Arusha Tanzania ruled in favor of the community.
The Court found out that the government of Kenya had violated 7 different articles under the African charter. These violations include but are not limited to freedom from discrimination, culture, and the right to property.
“The judgment was a reprieve and a sigh of relief”. Says John Lobolo Sironga chairman Ogiek Council of Elders who was present at the time of delivering of the Judgment.
“I feel like a heavy stone on my head has been removed” added Sironga.
The May 2017 Judgment ruled that:
- a) The Ogiek are an Indigenous community of Kenya.
- b) The Ogiek are the ancestral owners of the Mau Forest, since time immemorial.
- c) The Ogiek community has a right of occupation and use of the Mau.
- d) The need to conserve the Mau Forest, does not justify the Ogieks eviction.
- e) There was no evidence that the Ogiek had been responsible for the destruction of the Mau Forest.
- f) The Ogiek must be part of any decision made regarding their future.
Article 63 (2) (d) (ii) of the Constitution of Kenya recognizes community land and more so, the ancestral lands and lands traditionally occupied by hunter-gatherer communities.
Five years later, the same court on 23 June 2022, issued a reparation judgment.
The court ordered Kenya to compensate the Ogiek a total of Kshs 157.89 Million, for material and moral damages.
Moreover, the government of Kenya was also to take all measures directed by the court, but as early as June 2023, the Ogiek has not seen any progress towards implementing them.
“ Even with the intervention from the Ogiek Peoples’ Development Program and its partners seeking justice from local courts in Narok and Nakuru, the Kenyan government went ahead ignoring conservatory orders that were issued by the courts sitting in Narok and Nakuru”.Says Kobei in a statement.
“The government through the Kenya Forest Service unit established a camp in the community and drove the community away without providing alternative areas for the community to settle”. Added Kobei.
The Kenya population and housing census report of 2019 shows that the Ogiek population was 52,590. However, Ogiek which is a hunter-gatherer community is spread across the Mau Forest Complex, concentrated mainly, but not solely, in the following areas: Mariashoni location (Eastern Mau), Nessuit location (Eastern Mau), Sururu (Eastern Mau) Sogoo (Maasai Mau), Nkaroni (Maasai Mau), Kiptungah (Molo), Tertit (Eastern Mau), Tinet area and Saino (South Western Mau), Sasimwani (Maasai Mau), Olopirik (Maasai Mau), Nkareta (Maasai Mau), Olmekenyu (Maasai Mau), Uasin-Gishu (Northern Tinderet), Kipkurere (Northern Tinderet), Ndulungulu (Northern Tinderet), Seregonik (Northern Tinderet), Soget (Kipkelion), Tendeno, Kutung, Maasaita, Maji Mazuri area (Koibatek) and Tinderet Forest.
On 2 November 2023, over 1000 Ogiek families in Sasimwani Narok county were evicted from their homes with nowhere to go. “The situation on the ground is dire, the community members are not allowed to plant anything on their small farms, and police slash down any food crops upon realization. The police have even threatened the community before, to slaughter their domestic animals that will at any time be found in Sasimwani.”Says Kobei.
With Ogiek’s struggles and undertakings, the June 2022 Reparations Judgment and the May 2017 Merits Judgment show that:
The May 2017 Merits Judgment remains valid and legally binding on the Kenyan Government. The June 2022 Reparations Judgment does not change the May 2017 Merits Judgment in any way.
The June 2022 Reparations Judgment is not an appeal of the May 2017 Merits Judgment. The May 2017 Merits Judgment cannot be appealed, nor can it be amended. It must be implemented and respected in the form in which it was issued in May 2017.
The June 2022 Reparations Judgment concerns the implementation of the May 2017 Merits Judgment. The Reparations Judgment was issued following a deliberation by the Court during which it considered, in detail, what steps the Government of Kenya must take to place the Ogiek back in the position, had none of the various human rights violations taken place. The June 2022 Reparations Judgment sets out those steps.
As a community they have implemented several requirements, including the formation of a council of elders, that will spearhead the reparation process, have collated registers of Community Members, and formed Community Land Management Committees, that will be mandated to do mapping of the boundaries, land adjudication and register community land titles to each community. This will be undertaken in cooperation with the present holder of most of these lands, the Kenya Forest Service on behalf of the government of Kenya.
“We call for urgent justice and protection of the Ogiek community because we feel that a whole population is diving into poverty, hunger, and mental stress resulting from this harassment and torture” the statement read.
Photos Courtesy of Ogiek Peoples Development Program, OPDP.
