The government’s plan to subdivide disputed land in the Eastern Mau Forest has met strong opposition from the Ogiek community, which maintains it has ancestral rights to the area.
The community is calling for a single title deed for the entire land in compliance with a 2017 African Court on Human and People’s Rights judgment recognising the forest as its ancestral home.
The announcement by Lands Principal Secretary Nixon Korir last week that the ministry would deploy surveyors and issue title deeds based on the 2001 forest cutline ruling has sparked outrage among Ogiek leaders.
Speaking in Kapsinendet area, Mr Korir said the government plans to survey and issue titles to families falling outside the forest cutline within two weeks.
“We have directed the director of survey and the surveyor in charge of forests, led by the Chief Conservator of Forests Mr Alex Lemarkoko, to come and sit down with the committee and ensure that the beacons for the cutline of 2001 are erected.
“The list of adjudication sections that were put in place like Sururu, Naisuit, Ngongogeri, Mariashoni, Kapsita in Elburgon, Barget and Teret, among others that have land issues in the area will be resolved and ensure that those living on their bona fide lands remain there,” said Mr Korir.
“Be cautious of cartels asking for surveyor money. The exercise will be done free since we need this exercise to begin before Christmas,” said Mr Korir.
The move follows a judgment by Justice John Mutungi of the Environment and Lands Court directing the government to re-establish the 2001 cutline and provide titles within a year. He acknowledged the excision of 35,301 hectares in October 2001 to create six settlement schemes.
Justice Mutungi ordered the government to move into the Eastern Mau within 12 months, re-establish the boundaries, and ensure those within it have legal land ownership documents.
But Ogiek leaders on Monday argued that the judgment contradicts the 2017 African Court one that directed the government to recognise the Ogiek’s ancestral rights.
Ogiek elder Joseph Lesingo expressed frustration, accusing the government of prioritising Justice Mutungi’s ruling over the African Court’s.
“We want the orders of the African Court to be implemented. We want our own reserve land that will have a single title, enabling us to safeguard our identity, culture and leadership as we have been oppressed for a long time,” said Mr Lesingo.
Another elder, Mr Simon Kiprotich, said that the community had appealed Justice Mutungi’s decision to disregard the African Court’s judgment.
“We do not want schemes ... we want our reserve land. The government must implement the African Court’s ruling,” he said.
The Arusha-based African Court found that the Kenya government violated the Ogiek’s rights by evicting them from their ancestral land. It ordered the government to take appropriate measures to address these violations and report progress within six months. However, delays have persisted.
On November 12, the court granted Kenya a three-month extension to file a compliance report after it cited various challenges, including leadership transitions. The court will reconvene in February to review the progress.
Kericho Senator Aaron Cheruiyot said the court ruled that those living in the area were legal owners and the government will not go against it.
Njoro MP Charity Kathambi said former Environment minister Keriako Tobiko’s decision was intended to kick out those living in the Mau Complex.
