The Ogiek community, evicted from the South West Mau Forest in 2009, has called on the National Lands Commission (NLC) to expedite verification of a register detailing displaced individuals, citing a 2018 Environment and Land Court (ELC) ruling that ordered the commission to compile a formal list of victims. Through the Ogiek Independent Council of South West Mau Forest, Konoin, the community submitted a comprehensive register to the NLC, emphasizing adherence to Justice J.M. Onyango’s July 27, 2018, judgment (ELC Petition No. 5 of 2017). The court ruled that the 2009 evictions violated the community’s rights to property, equality, and dignity, mandating the NLC to collaborate with local chiefs and the Ogiek Council of Elders to identify alternative land for resettlement. The council described the submission as a historic step toward justice and environmental conservation, citing the 2018 ruling’s alignment with international jurisprudence, including the African Court on Human and Peoples’ Rights’ 2012 decision (Application No. 006/2012), which recognized the Ogiek as indigenous custodians of the Mau Forest. The community stressed its role as stewards of the ecosystem, arguing that its ancestral practices—such as preserving water tables and combating illegal logging—contradict claims that it threatens conservation. They also highlighted their exclusion from climate resilience initiatives despite their ecological expertise, urging the NLC to prioritize resettlement and co-management frameworks for the forest’s protection. The Environment and Land Court’s 2018 order required the NLC to verify the register and implement a structured resettlement program, a process the Ogiek community now demands be accelerated. The council reiterated its call for the NLC to engage the Ogiek Independent Council in managing the South West Mau Forest, emphasizing that environmental conservation and indigenous rights are inseparable. The community’s legal and ecological arguments underscore broader debates over land rights, judicial enforcement, and the role of indigenous populations in safeguarding Kenya’s critical water towers. The Ogiek’s demands come amid ongoing challenges in implementing the 2018 ruling, which remains a benchmark for indigenous land rights in Kenya. The NLC’s response to the register submission will determine the next phase of the community’s struggle for recognition and reparations. Meanwhile, the case highlights the tension between conservation policies and the rights of indigenous groups, with the Ogiek asserting that their survival is intrinsically linked to the health of the Mau Forest Complex.
KBC - Nyakundi Report: Ogiek calls on NLC to scrutinize land compensation register (2023-10-05) [keelc/2018/2030]
Ogiek Community Urges NLC to Verify Land Compensation Register Following Landmark Ruling
The Ogiek community, evicted from the South West Mau Forest in 2009, has called on the National Lands Commission (NLC) to expedite verification of a register detailing displaced individuals, citing a 2018 Environment and Land Court (ELC) ruling that ordered the commission to compile a formal list of victims. Through the Ogiek Independent Council of South West Mau Forest, Konoin, the community submitted a comprehensive register to the NLC, emphasizing adherence to Justice J.M. Onyango’s July 27, 2018, judgment (ELC Petition No. 5 of 2017). The court ruled that the 2009 evictions violated the community’s rights to property, equality, and dignity, mandating the NLC to collaborate with local chiefs and the Ogiek Council of Elders to identify alternative land for resettlement. The council described the submission as a historic step toward justice and environmental conservation, citing the 2018 ruling’s alignment with international jurisprudence, including the African Court on Human and Peoples’ Rights’ 2012 decision (Application No. 006/2012), which recognized the Ogiek as indigenous custodians of the Mau Forest. The community stressed its role as stewards of the ecosystem, arguing that its ancestral practices—such as preserving water tables and combating illegal logging—contradict claims that it threatens conservation. They also highlighted their exclusion from climate resilience initiatives despite their ecological expertise, urging the NLC to prioritize resettlement and co-management frameworks for the forest’s protection. The Environment and Land Court’s 2018 order required the NLC to verify the register and implement a structured resettlement program, a process the Ogiek community now demands be accelerated. The council reiterated its call for the NLC to engage the Ogiek Independent Council in managing the South West Mau Forest, emphasizing that environmental conservation and indigenous rights are inseparable. The community’s legal and ecological arguments underscore broader debates over land rights, judicial enforcement, and the role of indigenous populations in safeguarding Kenya’s critical water towers. The Ogiek’s demands come amid ongoing challenges in implementing the 2018 ruling, which remains a benchmark for indigenous land rights in Kenya. The NLC’s response to the register submission will determine the next phase of the community’s struggle for recognition and reparations. Meanwhile, the case highlights the tension between conservation policies and the rights of indigenous groups, with the Ogiek asserting that their survival is intrinsically linked to the health of the Mau Forest Complex.