Ogiek Community faults Justice Mutungi’s ruling on resettlement of residents in Eastern Mau

The recent Environment and Land Court ruling that ordered the government to settle over 45,000 residents of Eastern Mau in the six settlement schemes within Nakuru County has sparked uproar among Members of the Ogiek Community.

Justice John Mutungi ruled that the settlers proved that they were legally settled in Nessuit, Marioshoni, Sururu, Likia, Sigotik, and Terit settlement schemes measuring 35,301 hectares.

A section of Ogiek Community members during a meeting at Mariashoni, Nakuru on October 9, 2024. PHOTO/PRISTONE MAMBILI.

However, the Ogiek Community having been granted their ancestral rights in Eastern Mau by the Arusha Landmark Court ruling, have distanced themselves from the recent Justice Mutungi’s ruling delivered in September.

According to the Ogiek Community, the ruling did not consider the rights of the Ogiek Peoples.

Addressing Journalists at Mariashoni Centre, the members of the Ogiek Community expressed their dissatisfaction in the ruling.

Led by Ogiek Council of Elders National Secretary General Mr. Martin Lele, they said Justice Mutungi’s ruling did not consider the first case in Nairobi and the Arusha Landmark ruling.

“As Ogiek Community we demand to be consulted. Our rights were violated, we urge the government that our rights be consulted on any issues touching on the Mau Complex,” he stated.

Mr. Lele added that despite the Ogiek Community winning several cases concerning their ancestral land in Mau Complex, their rights have continued to be violated including in the recent Mutungi’s ruling.

He wondered why the Arusha Landmark Court ruling has never been implemented.

According to the community, lifting of the caveate in Eastern Mau paves way for illegally obtained title deeds to be used to dispose the community of their land and property.

The members of the community pointed out that the issue has now turned political hence marginalizing the Ogiek Peoples.

The disappointed Ogiek Community members called on Government to implement the Arusha Landmark Court ruling on indigenous peoples’ rights and grant them their Community land.

In their recommendations, the members of the Ogiek Community also urged Government to ensure they are consulted on matters affecting them.

“The issue of land in Mau should not be politicized evoking unnecessary emotions. We call on relevant authorities to uphold and respect the Rights of the Ogiek Community ensuring justice and fairness in implementation of the court ruling,” stated Lele.

Sentiments echoed by Ogiek Council of Elders National Coordinator Jose Miringa.

He told off Political class for undermining Ogiek Community’s rights.

According to him, the whole of Eastern Mau belongs to Ogiek Community as per the Arusha Court landmark ruling.

“If the Kenyan Government cannot respect Arusha Landmark ruling, then it’s very painful. I want to call on President Ruto, that let it not be that your Government is the one frustrating the Ogiek Peoples,” he stated.

On his part Chairman Ogiek Community Council of Elders Mr. John Sironga stated that the Government is just ignoring to implement the Landmark Court ruling concerning the Ogiek Community.

According to him, all the documents and list of members of the community are with with Government hence nothing hinders them from implementation of the Landmark Court ruling and ensure they are settled in their communal land in Eastern Mau.

On the recent Justice Mutungi’s ruling, Sironga hinted at Ogiek Community through their legal team moving to court to appeal.

“On the recent ruling to allow settlement in Mau East, we shall be moving to court to appeal as that is invasion of our land without consulting us,” he said.

Sarah Osas on her part faulted politicians who are using the plight of Ogiek Community for their scores.

According to her, they win in Arusha as a communal land and therefore settling individuals with titles is against the ruling.

Justice Mutungi’s ruling had stated that the petitioners (residents) established that they were legally settled in the schemes from 1995 and are rightfully in occupation of the land,” ruled Mutungi.

Nessuit MCA Samuel Tonui on behalf of the locals and through lawyers Kipkoech Ngetich and Renny Langat said they occupied the land following the excision of 35,301 hectares by Katana Ngala, then Minister for Environment, on October 8, 2001, through legal Notice Number 142.

Mutungi ruled that the settlers proved that the government created the six schemes to settle landless Kenyans and those affected by the 1992 tribal clashes.

The judge further said that evidence showed that on January 30, 2001, the government declared its intention to alter the boundary of the Eastern Mau and it issued a 28-day notice.

According to the notice, the 35,301 acres will be excised from the Eastern Mau to form a settlement scheme.

Another notice by Katana Ngala, then Minister for Environment, was issued on October 8, 2021, excising the 35,301 hectares through legal Notice Number 142, Mutungi noted.

“The two notices have never been vacated or overturned and it is clear that those people living within the specified hectares were validly settled,” he ruled.

With the conviction, the court ordered the government to move into the Eastern Mau within 12 months, reestablish the boundaries, and ensure those within it have legal land ownership documents.

However, the court ordered those found outside the boundaries and encroaching into the forest land to vacate, failure to which the Kenya Forest Service (KFA) will be at liberty to evict them by the land act.

The court also warned all those with valid title deeds within the settlement scheme to ensure they do not interfere with the riparian reserve or any rivers flowing through their land.

“Landowners within the schemes shall be required to replace the tree cover in their parcels of land to a minimum of 30 percent of the land within the next 60 months,” he directed.

The Ogiek Community has vowed to move to court to appeal the ruling citing that it infringes on their rights.

 

 

PRISTONE
Author: PRISTONE

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