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Appendices


Appendix 1: Gazette Notice No. 890

GAZETTE NOTICE NO. 890

THE FOREST ACT
(Chapter 385)

THE SOUTH-WESTERN MAU AND WESTERN MAU FORESTS

INTENTION TO ALTER BOUNDARIES

IN ACCORDANCE with the provisions of sections 4(2) of the Forest Act. the Minister for Environment and Natural Resources gives twenty eight (28) days’ Notice, with effect from the date of the publication of this notice, of his intention to declare that the boundaries of the South-Western Mau and Western Mau Forests will be altered so as to exclude the areas described in the schedule hereto.

SCHEDULE

An area land of approximately 24,109.01 hectares, comprising 22,797.19 hectares in South-Western Forest and 712.5 hectares in Western Mau Forest, situated approximately 16 kilometres east of Kericho Municipality, Nakuru and Bomet Districts, Rift Valley Province, the boundaries which are more particularly delineated, edged red, on Boundary Plan No. 175/387, which is signed and scaled with the seal of the Survey of Kenya and deposited at the Survey Records Office, Survey of Kenya, Nairobi, and a copy of which may be inspected at the offices of the District Forest Officer, Forest Department, Nakuru and Bomet Districts.

Dated the 30th January 2001.

F.M. Nyenze
Minister for Environment and Natural Resources


Appendix 2: Alteration of Boundaries — Southwestern Mau and Western Mau Forest

KENYA SUBSIDIARY LEGISLATION, 2001
LEGAL NOTICE No. 148

THE FORESTS ACTS
(Chapter 385)

ALTERATION OF BOUNDARIES-SOUTH-WESTERN MAU AND WESTERN MAU FOREST

IN EXERCISE of the powers conferred by section 4(1) of the Forests Act, the Minister for Environment declares that the boundaries of south-eastern and Western Mau Forests, be altered so as to exclude the area described in the Schedule hereto.

SCHEDULE

An area of land measuring approximately 24,109.01 hectares, comprising 22,797.19 hectares in south-eastern and 712.5 hectares in Western Mau Forest, situated approximately 16 kilometres east of Kericho Municipality, Nakuru and Bomet Districts, Rift Valley Province, the boundaries of which are more particularly delineated, edged red, on Boundary Plan No. 175/387, which is signed and sealed with the seal of the Survey of Kenya and deposited at the Survey Records Office, Survey of Kenya, Nairobi, and a copy of which may be inspected at the office of the District Forest Officer, Forest Department, Nakuru and Bomet Districts.

Dated the 8th October 2001.

N.K Ngala
Minister for Environment and Natural Resources


Appendix 3: Gazette Notice No. 889

GAZETTE NOTICE No. 889

THE FORESTS ACT
(Chapter 385)

THE EASTERN MAU FOREST

INTENTION TO ALTER BOUNDERIES

IN ACCORDANCE with the provisions of section 4(2) of the Forest Acts, the Minister for Environment and Natural Resources give twenty eight (28) days’ Notice, with effect from the date of the publication of this Notice, of his intention to declare that the boundaries of the Eastern Mau Forest, will be altered so as to exclude the area described in the schedule hereto.

SCHEDULE

An area of land of approximately 35,301.01 hectares, adjoining the western, northern and eastern boundary of Eastern Mau Forest, Nakuru District, Rift Valley Province, the boundaries of which are more particularly delineated, edged red, on Boundary Plan No. 175/388, which is signed and sealed with the seal of the Survey of Kenya and deposited at the Survey Records Office, Survey of Kenya, Nairobi, and a copy of which may be inspected at the office of the District Forest Officer, Forest Department, Nakuru.

Dated the 30th January 2001.

F. M. Nyenze
Minister for Environment and Natural Resources


Appendix 4: Alteration of Boundaries — Eastern Mau Forest

KENYA SUBSIDIARY LEGISLATION, 2001
LEGAL NOTICE No. 142

THE FOREST ACT (Chapter 385)

ALTERATION OF BOUNDARIES-EASTERN MAU FOREST

IN EXERCISE of the powers conferred by section 4(1) of the Forest Act, the Minister for Environment declares that the boundaries of Eastern Mau Forest be altered so as to exclude the area described in the Schedule hereto.

SCHEDULE

An area of land measuring approximately 35,301.01 hectares, adjoining the western, northern and eastern boundaries of Eastern Mau Forest, situated approximately 7 kilometres south of Njoro Township in Nakuru District, Rift Valley Province, the boundaries of which are more particularly delineated, edged red, on Boundary Plan No. 175/388, which is signed and sealed with the seal of the Survey of Kenya and deposited at the Survey Records Office, Survey of Kenya, Nairobi, and a copy of which may be inspected at the office of the District Forest Officer, Forest Department, Nakuru

Dated the 8th October 2001.

N.K Ngala
Minister for Environment and Natural Resources


Appendix 5: Gazette Notice No. 901

GAZETTE NOTICE NO. 901

THE FORESE ACT
(Chapter 385)

THE MOLO FOREST

CESSATION OF FOREST

IN ACCORDANCE with the provisions of section 4(2) of the Forest Act, the Minister for Environment and Natural Resources gives twenty-eight (28) days’ Notice, with effect from the date of the publication of this notice, of his intention to declare that the area described in the schedule hereto shall cease to be a forest area.

SCHEDULE

An area of land of approximately 901/62 hectares, situated approximately to 8 kilometres west of Elburgon Township, in the Nakuru District, Rift Valley Province, the boundaries of which are more particularly delineated, edged red, on Boundary Plan No. 175/376, which is signed and sealed with the seal of the Survey of Kenya and deposited at the Survey Records Office, Survey of Kenya, Nairobi, and a copy of which may be inspected at the office of the District Forest Officer, Forest Department, Nakuru.

Dated the 30th January 2001

F.M. Nyenze
Minister for Environment and Natural Resources


Appendix 6: Legal Notice No. 145

LEGAL NOTICE NO. 145

THE FOREST ACT
(Chapter 385)

ALTERATION OF BOUNDARIES - MOLO FOREST

IN EXERCISE of powers conferred by section 4(1) of the Forest Act, the Minister for Environment declares that the boundaries of Molo Forest be altered so as to exclude the area described in the Schedule hereto.

SCHEDULE

An area of land measuring approximately 901.62 hectares, situated approximately 8 kilometres west of Elburgon Township in Nakuru District, Rift Valley Province, the boundaries of which are more particularly delineated, edged red, on Boundary Plan No. 175/376, which is signed and sealed with seal of the Survey of Kenya and deposited at the Survey Records office, Survey of Kenya, Nairobi, and a copy of which may be inspected at the office of the District Forest Officer, Forest Department Nakuru.

Dated the 8th October 2001

N.K. Ngala
Minister for Environment and Natural Resources


Appendix 7: Standing Committee on Human Rights (Kenya) and its Terms of Reference

In exercise of the powers conferred by section 23(1) of the constitution,

I, Daniel Toroitich Arap Moi, President and commander in chief of the armed forces of the Republic of Kenya do appoint a Standing Committee on Human Rights (Kenya).

  1. There shall be a secretary to the committee and such officers assisting him/her who shall be public officers. The terms of reference of the committee shall be:
    1. to investigate complaints of alleged violations of the fundamental rights and freedoms set out in the constitutions.
    2. To investigate complaints of alleged injustice, abuse of his power and unfair treatment of any person by a public officer in exercise of official duties.
    3. To educate the public as to human rights and freedoms by such means as the committee deems fit including publication, lectures and symposia.
  2. The committee shall not investigate any matter, which is pending before a court or involving relations or dealing between the government or an international body.
  3. The committee shall submit to the President at the end of ever 3 months a written reports of its findings in respect of any complaints or allegations making such recommendations as its deems necessary.
  4. The committee shall in consultation with the Attorney General establish its own procedures
  5. The proceedings of the committee shall be held at such times and places as the committee may from time to time determine.

Dated the 22nd May, 1996

Daniel T. Arap Moi
President


Appendix 8: Joint Statement by Ministers Murungaru and Kulundu

Joint Statement by Honourable. Dr. Chris Murungaru, MP Minister of State, Office of the President and Honourable. Dr. Newton Kulundu, MP Minister FOR Environment, Natural Resources and Wildlife on the state of our Forests and Forest Land

     In the recent past, matters relating to our forest and forestland have dominated the various electronic and printed media. Indeed these matters have been of great concern to the Narc government since it took over the leadership of this country following the overwhelming victory during elections held on 27th December, 2002.

     Whereas on 30th April 2002, a total ban had been imposed on timber harvesting in all gazetted forests, including trust lands, following concerns about the sustainability of forest exploitation levels, licensing and allocation of materials for harvesting, particularly to briefcase “saw millers”, increased breaches to this ban have continued to be witnessed.

     Claims have since been made by several Saw Millers that prior to enforcing the ban m they had not been granted adequate time to remove their cut logs from the forests, for which payment had already been made to the government.

     These claims have been closely and critically scrutinised by the government following which, a decision to allow access and collection of these materials has been reached. This decision, which affects Pan African Paper Mills, Rai Plywood Group and other saw millers, has taken into consideration the current dry season which is prone to fires. Such fires, if they broke out, would destroy these materials. Also taken into account is the fact that these materials had been paid for and their collection would generate income and employment for the welfare of our people.

     In this connection therefore, it has been decided that the removal of these cut materials be done for a limited period of two weeks commencing on 24th March 2003 and be carried out under the strict supervision of the forests and law enforcement authorities.

(signed)
Hon. Dr. Chris Murungaru, MP
Minister of State in the office of the President
20th March 2003

(signed)
Hon. Dr. Newton Kulundu, MP
Minister for Environment Natural Resources and Wildlife
20th March, 2003

     This approval shall not cover felling of new trees. On completion of these materials, there shall be no logging activity within these forests until further notice. Matter regarding the harvesting of mature trees within the plantations are being addressed and a decision will be communicated at a later date.

     The Law enforcement agents, who will supervise this exercise, are under strict instructions to ensure that only the specified cut materials are removed from the forests. Any departure from this will meet with severe disciplinary action.

     Meanwhile, on the onset of the long rains, the government shall embark on the re-afforestation and afforestation activities in these forests in order to recover and enhance forest cover from the current 1.7% to about 8%. The areas to be targeted will include the current plantations and indigenous forest areas, arid and semi arid lands and the development of farm level forests. This is a mammoth and urgent task that calls for commitment and co-operation of all Kenyans.

     The government will soon announce the date for the National Tree Planting Day to be observed in the country.

     We would like to take this opportunity to call on all Kenyans in schools, colleges, universities as well as all stakeholders, especially saw millers and the general public, to plan and participate in this exercise in the spirit of patriotism, bearing in mind the immense benefits of these forests to our environment, livelihood and general welfare. In this regard, serious consideration is being given to the licensing of only those millers who prove involvement in afforestation activities.

     We would also like to take this opportunity to express our sincerer gratitude to His Excellency, Hon. Mwai Kibaki, CGH, MP, who has confirmed that he will kick off the tree planting celebrations by planting a tree at one of our forests. We look forward to all of you joining us during this worthwhile national event.

     Finally, we would like to state that matters surrounding allocation of forest land are being looked into with a view to cancelling and repossessing land that was illegally allocated. In this regard, therefore, further allocation or resettlement of persons on forest land has been stopped.


Appendix 9: Re: Dorobo Representative in Keekonyokie Section

Office of the District Commissioner
P.O Box 4
NAROK

8TH June 1967

Telegrams: “DISTRICT”, Narok
Telephone: 4 Narok

When replying please quote
REF: adm.15/28/3/Vol.11/18

Mr. Ketai Ole Kereto
C/O Nosupukia, P.O. Box 55,
NAROK

Dear Sir,

RE: DOROBO REPRESENTATIVE IN KEEKONYOKIE SECTION

Thank you for your letter dated 6th June, 1967 on the above mentioned subject.

The affairs of Dorobos living in Keekonyokie Section are looked after like of any other people living in that area. I can assure you in case of any difficulties of problems you are free to see Chief Keko Ole Kodonyo or come here and you will always receive some assistance.

However, in case of a vacancy of sub-chief crops up your case will be considered.

Yours faithfully,

J.Z. Rongomas
For District Commissioner
NAROK.
JZR/M


Appendix 10: Letter from Guy Yeoman to Joseph Kipkoech

CROWDEN LEA, UPPER BOOTH, EDALE, DERBYSHIRE, VIE SHEFFIELD S30 2ZJ
Telephone: Hope Valley (0433) 70284

19.9.90

Bw. Joseph Leshebi Kipkoech
Ogiek Primary School
Box 19
Elburgon

Dear Joseph,

My wife promised to try to send you a black pullover. Well she has at last found one, and has asked me to post it to you when I pass through Nairobi on my way to Uganda. I hope it reaches you safely and that it is the correct size to fit you.

We both send you our very best wishes and pray that God will help you in your work. If I have time on my way back from Uganda in March, I will try to find out news of the Mariashonek from Mrs. Mary Weme.

With all good wishes from my wife and me.

Yours sincerely,
Guy Yeoman


Appendix 11: Letter re Koita Squatters

CONFIDENTIAL
G.43/vol1/88
12 April 2000

The Provincial Commissioner,
Rift Valley Province,
P.O BOX 28,0
NAKURU.

RE: KOITA SQUATTERS

Refer to your letter, SR.lab.27/5/vol.iii/113 OF 23RD March, 2000 on the above squatters. This office is not aware of the Presidential Directive to the Provincial Administration to settle the squatters. Nonetheless, facts about the alternative settlement areas proposed by the squatters are as follows:

Soina settlement scheme in Sorget Londiani SORGET

Sometimes back in early 1990’s His Excellency the President directed that the above land be demarcated to settle squatters. The demarcation was done before the squatters could be settled, politics set in and the exercise was shelved indefinitely.

Chepsir Forest

This is a water catchment area and any settlement of humans will drastically affect the watershed. All rivers originating from this area will dry up and the people living down-stream will have no water. Chepsir Forest area is part of the Mau Forest that needs to be strictly protected.

A.B.Shauri
District Commissioner
Kericho Provincial Commissioner’s Office
P.O.Box 28, Nakuru


Appendix 12: Letter re Allocation of Land-Mau-Che Settlement Scheme

REF: NO. SR.LND. 16/3.1/VOL.VII/101 19TH DECEMBER 1994

ROSE CHEBET KOECH (ACTUAL NAME OF ALOTTEE) ID NO. 13461397/76

Dear Sir/Madam

ALLOCATION OF LAND-MAU-CHE SETTLEMTN SCHEME

I am pleased to inform you that your request for allocation of land at Mau area has bee approved and you are accordingly been allocated plot No. 2064 of five acres or there about. You should make arrangement to see the provincial Surveyor, Nakuru who will show you the plot.

Kindly not that the above consideration was made on grounds that you are landless and it is thus expected that you will take this advantage to quickly move, occupy an develop you plot. I do also hope that you will make use of the Agricultural Extension Staff to properly plan the farm for you and hence be able to employ the latest farming methods in maximising profits production from your farm.

Yours faithfully

(Signed)

I.K. CHELANGA
PROVONCIAL COMMISSIONER, RIFT VALLEY,

CC:
The Provincial Surveyor
Rift Valley Province
Nakuru

The District Commissioner
Nakuru District
Nakuru”


Appendix 13: Letter re Acknowledgement for 60 Acres Land Allocation for Full Gospel Churches of Kenya Development Projects

FULL GOSPEL CHURCHES OF KENYA DEV. PROJECTS
The Office Park, Riverside Drive, Off Chiromo Road
P.O. Box 49736; NAIROBI Tel: 447092 tel/fax 444354

29th September, 1997          Your ref:ADM/5/4

The Chief,
Mariashoni Location
P.O. Box 19
ELBURGON

Dear sir,

RE: ACKNOWLEDGEMENT FOR 60 ACRES LAND ALLOCATION FOR FULL GOSPEL CHURCHES OF KENYA DEVELOPMENT PROJECTS

This is to appreciate your letter dated 10.9.97 regarding the above subject.

We are very grateful for this gift that the FGCK shall use for the benefit of the local community of MURTSONIK OGIEK.

Our office here will implement your preferences as per you recommendation by order of priority i.e. pre-school head teacher and church. The others will be primary school, bible school, youth polytechnic, home craft and lastly, the secondary school.

Your co-operation is appreciated.

May Almighty God bless you.

Yours faithfully,

(SIGNED)

John Owour Ogolla
FGCK NATIONAL PROJECT CO-ORDINATOR


Appendix 14: Letter re Plight of Ndorobo People at Eburu Forest Reserve

OFFICE OF THE PRESEIDENT
PROVINCIAL ADMINISTRATION

31ST OCTOBER 1986

The District Commissioner
P.O. Box 81
NAKURU

RE: A PLIGHT OF NDOROBO PEOPLE AT EBURU FOREST RESERVE

Enclosed herein pleas find a letter addressed by your office by James Sururu Ole Lembao on behalf of Ndorobo through my office.

The Ndorobo are already living within Eburu forest reserve where they have been living for a long time. Their wish is to have a section of the forest reserve given and demarcated to them so that they can settle permanently. Recently, I toured the area and found that the area they required though a forest has been cleared but is full of grass.

My recommendation is that since the area has no forest apart from grass they can be allowed to settle there permanently or that they can be given plots elsewhere so that they can settle permanently instead of moving here and there within the forest.

Enclosed pleas find a sketch map of the area under question.

(S.I MATHAN’GA)
DISTRICT OFFICER
GILGIL

CC: JAMES SURURU OLE MEMBAN,
P.O. BOX 54
GILGIL


Appendix 15: Open Letter to the NARC Government

9th Jan. 2004

OPEN LETTER TO THE NARC GOVERNMENT

Ogiek Elders and Leaders Seek Clarification on Government Quit Directive on Forests that Expired On 31st December 2003 and which the Minister extended to 31st March, 2004.

The makers of our independence constitution, which, we believe would care for our plight, had the following words. Our objective is a united Kenyan nation capable of social and economic progress in the modern world and a Kenya in which men and women have sanctity of individual rights and liberties and in the proper safeguarding of the interests of minorities. See report of the Kenya Constitution Conference, 1962, appendix ii, paragraph 1.

Forty two years later, the Ogiek have no official recognized domicile and the close we have come to own any parcel of land is the proposed excision of between 25,000 32,000 hectares, as in the world over dominant populations and governments have had to be persuaded through various means to recognize the rights of indigenous peoples. This recognition has to be fought for and legislated into law in certain countries and internationally, reinforced by international human rights instruments and conventions or declarations on indigenous minority peoples. The ILO Convention on Indigenous and Tribal Peoples and the Convention on Indigenous and Tribal Peoples in Independent States 1989 are good examples. These legal provisions, domestic or international are intended to protect indigenous people from “extinction”. The protection is premised on the need to protect the cultures, the economic activities and social organization of indigenous peoples from encroachment from dominant cultures, forced assimilation, dispossession in terms of land rights in most countries and threats to indigenous livelihoods.

This protection is also based on the belief that indigenous peoples want to retain their culture, economic activity and would, largely want to exist as a distinct group. To this end, the indigenous people are empowered to be able to make decisions in conjunction with national governments in a way that protects their existence. Article 25 of the Draft United Nations Declaration on the Rights of Indigenous Peoples states: “Indigenous peoples have the right to maintain and strengthen their distinctive spiritual and material relationship with the lands, territories, waters and coastal seas and other resources which they have traditionally owned or otherwise occupied or used and to uphold their responsibilities to future generations in this regard”.

Article 6 requires that governments make possible for indigenous peoples to participate in all levels of decision-making, whether administrative or elective to the same extent as other sectors of society. It requires that they be consulted when action (legislative or administrative is being planned) that is likely to affect them. These consultations should be done in good faith. Consultation would deem effective where those concerned have an opportunity to influence the decision taken.

Article 7 of the UN Draft Declaration proposes: “Indigenous peoples have the collective and individual right not to be subjected to ethnocide and cultural genocide, including the prevention of and redress for:

The provisions of this draft declaration though devoid of legal force, are indicative of the consensus that has emerged globally on issues that concern indigenous peoples. They show that a conflict exists between dominant populations and indigenous peoples that needs to be resolved taking into account the disadvantage positions of indigenous peoples.

Given this background and the wisdom in our higher areas of rulership, then the following and other questions resurfaces:

Before the Minister for Environment and his counterpart in the Office of the President makes good their mass eviction threat, we pray that they answers our questions and alley our fears and also to tell us the fate of our impending cases in court which are:

In as much as we support the government in its war on zero tolerance towards corruption, our rights too can not be compromised, for “OGIEK RIGHTS ARE HUMAN RIGHTS”. A whisper has it that the government machinery have conspired to do their work irrespective of historical claims, pending cases in courts or any other opinion that give the indigenous groupings such as the Ogiek. We call upon the President of the Republic of Kenya H.E. Mwai Kibaki to defend our rights as stipulated in the current or present constitution, and further urge his government to give us a fair hearing.

Yours for and on behalf of the Ogiek community,
(Undersigned)

  1. Joseph Mungaru
  2. Boniface Mureno
  3. Stephen Lengeiywa
  4. Simon Konana
  5. John Mburuo
  6. Lesinye Magari
  7. Zablon Tulu
  8. Wilson C. Monoso
  9. Tiwodo Chemonos
  10. James M. Kimbai
  11. Wilson N. Naisuru
  12. Paul K. Kemoi
  13. Justus Kuresoi
  14. Matinoi Ngiria
  15. Stephen Siandoi
  16. Kiprono Sigilai
  17. Francis Kenduiywo
  18. Geoffrey Nengisat Kirutai
  19. William Kalegu
  20. Kiprotich James
  21. Zachary Keyah
  22. Samson S. Kiberenge
  23. David F. Rana
  24. Benson K. Kiprono
  25. Romas P. Mburuo
  26. Fredrick K. Lesingo
  27. Nelson Christopher Towett
  28. Nelson Ranoi
  29. Christopher Towett
  30. Justus Kipkoskei Milgo
  31. Chepkwony Kamoing
Towett J. Kimaiyo     Ogiek Welfare Council
Cllr. J. Miangare Nessuit Ward
Cllr. D.K. Chesot Mariashoni
Cllr. C.K Cheruiyot Tinet
Ex- Cllr. E. Tuei Kiptororo
E. Kesendany
Solomon Kones


Appendix 16: Mission Objectives of the Special Rapporteur on Adequate Housing

Office of the High Commission for Human Rights
Special Rapporteur on adequate housing, Mr. Miloon Kothari,
Of United Nations Commission on Human Rights Mission to Kenya
(8 to 22 February)

Preliminary Aide-Memoire (revision 2) as of 29 January 2004-04-14

Mission objectives

Since his appointment in 2000, the Special Rapporteur has undertaken a series of country missions with a view of fulfilling the directives of the Commission on Human Rights. The Government of Kenya has agreed for the Special Rapporteur to undertake a country mission in February 2004 t collect information and examine issues relevant to his mandate and to hold a series of dialogue with the government authorities and other relevant stakeholders in the realisation of housing rights.

General objectives of the Special Rapporteur’s mission will be:

  1. To examine and report on the status of realisation of the right to adequate housing and other related rights in the country, with particular attention to aspects of gender equality and non-discrimination;
  2. To engage in dialogue with the government, UN and international agencies and the civil society in their efforts to secure these rights;
  3. To identify practical solutions and best practices in the realisation of rights related to his mandate;

The special Rapporteur intends to take a constructive and supportive approach that will provide solutions aimed at the realisation of housing rights, and draw practical policy recommendations. The Spoecial Rapprteur will report the findings of his mission orally and in brief to the 61ST session in 2005.

Background to the mandate of the Special Rapporteur

I. General

The special Rapporteur was appointed in September 2000 by the commission resolution 2000/9, whose mandate would focus on adequate housing as a component of the right to an adequate standard of living. The Commission requested him during his mandate to, inter alia; report on the status of the realisation of the rights relevant to adequate housing; promote cooperation among the assistance to government, relevant United Nations bodies, specialised agencies, international organisations in the field of housing rights, inter alia the United National Human Settlements Programme (UN-Habitat), non-governmental organisations and international financial institutions.

The legal basis of the mandate of the Special Rapporteur is drawn from article 25, paragraph 1, of the Universal Declaration of Human Rights, article 11, paragraph 1 of the International Covenant on Economics, Social and Cultural Rights, and article 27, paragraph 3, of the Convention on the Rights of the Child, and on the right to non-discrimination as reflected in article 14, paragraph 2(h), of the Convention on the Elimination of All Forms of Discrimination against Women, and article 5(e) of the International Convention on the Elimination of All Forms of Racial Discrimination.

This Special Rapporteur submitted his first report (E/CN./4/2001/51 to the Commission at its fifty-seventh session in 2001, in which he called for a broad interpretation of the right to adequate housing. The report include a review of international legal instruments on the right to adequate housing, highlighted some of the significant impediments to realising the right to adequate housing and suggested priority issues that needed to be addressed by the international globalisation and its compatibility with human rights and particularly its impact on housing; the international cooperation dimension; forced evictions and poverty; and global social policies and their interface with human rights.

In March 2002, the Special Rapporteur submitted his second report to the Commission (E/CN. 4/2002/59), outlining his various activities carried out during the past year. In addition, the report had two thematic focuses; one on discrimination and segregation in the context of follow-up to the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, and the other on the impact of globalisation on the realisation of housing rights. He also undertook missions to Romania (January 2002), Mexico (March 2002), Peru (March 2003), Afghanstan (septemebre 2003) as well as a visit to the occupied Palestinian territories (January 2002).

The third report of the Special Rapporteur to the Commission (E/CN.4/2003/5), submitted at a three-year juncture in his mandate, comprehensively reviews his main activities since his appointment in 2000 and outlines emerging issues that require the attention of the Commission and the human rights community world for the realisation of rights relevant to his mandate. The report presents relevant outcomes of recent major Untied Nations conferences and summits, particularly those of the special session of the General Assembly for an overall review and appraisal of the Habitat Agenda (Istanbul +5) in 2001 and the World Summit on Sustainable Development (WSSD) in 2002. the report highlights several emerging issues, such as water and sanitation as essential elements for the realisation of the right to adequate housing; the need to undertake further research on innovative local responses to globalisation in urban and rural development; the need for rights-based indicators and assessment tools; and the right of persons with disabilities to adequate housing. The Special Rapporteur has continuously highlighted the gender aspect of these issues.

In its resolutions 2001/28, 2002/21 and 2003/27 adopted by the Commission, the Commission further requested him, in fulfilment of his mandate: a) to give particular emphasis to practical solutions with regard to the implementation of the rights relevant to his mandate, on the basis of pertinent information, notably on best practices, including on domestic legal enforcement of these rights, from governments, relevant United Nations agencies and non-governmental organisations; b) to facilitate the provision of technical assistance; and c0 to review the interrelatedness of adequate housing as a component of the right to an adequate standard of living with other human rights. These resolutions also called upon all States “to give full effect to housing rights, including through domestic development policies at the appropriate level of government and with international assistance and cooperation, giving particular attention to the individuals, most often women and children, and communities living in extreme poverty, and to security of tenure.

II. Women and adequate housing

The commission has also been seized with the issue of women’s equal ownership of, access to and control over land and the equal rights to won properties and to adequate housing and adopted resolutions on the subject annually since 2000, which reaffirmed women’s right to adequate standard of living, including housing, and affirmed that discrimination in law against women with respect to access to housing, land and propery constitutes a violation of women’s human right. In his first report to the Commission on Human Rights (E/CN. 4/2001/51), the Special Rapporteur called for a broad interpretation of the right to adequate housing, which he defined as “the right of every woman, man youth and child to gain and sustain a secure home and community in which to live in peace and dignity”. He further develop a framework of analysis in addressing issues of housing-related discrimination which was presented in his second report (see paras 37-47 in E/CN.(4/2002/59).

Pursuant to Commission on Human Rights resolution 2002/49, the Special Rapporteur submitted a report to the Commission in 2003 on women and adequate housing (E/CN.4/2003/55), in which he attempts to outline some significant issues facing women in the enjoyment of the right to adequate housing. The study particularly highlights that, despite the recognition of gender equality and non-discrimination in various legislation at the international and national levels, in practice women are facing de facto discrimination in access to housing, land and civic services, which can be attributed to customs and traditions, lack of awareness or persistence of gender bias in the formulation and implementation of national polices. In accordance with Commission on Human Rights resolution 2003/22, the Special Rapporteur will submit a next study on the issue in 2005.

Issues to be addressed

From the general perspectives of his mandate and in the specific context of Kenya, the Special Rapportuer would be particularly interested in examining the issues related to:

In October 2001, the Special Rapporteur transmitted questionnaires to governments and the civil society to collect pertinent information related to his mandate. Furthermore, the Special Rapportuer has developed a detailed questionnaire on women and adequate housing, pursuant to the Commission resolutions 2002/49 and 2003/22. These questionnaires, which are attached to this aide-memoire, will form a basis for the discussion with the government authorities and other stakeholders.

Finally, in cooperation with the Special Rapportuer and through wide consultations with civil society, Habitat International Coaliion Housing and Land Rights Network, has identified 14 elements of the human right to housing, arising from international treaty obligations and other commonly held norms. These elements from the basis of a methodology that can be applied to assess the realisation of the human right to adequate housing and can give further guidance for the preparation of the mission. The 14 elements are: security of tenure, public goods and services; environmental goods and services (including land and water); affordability (including access to finance); habitability; accessibility (physical); location; cultural appropriateness; freedom from dispossession; information, capacity and capacity-building; participation and self-expression; resettlement; safe environment, and; security (physical) and privacy.

Field visit

The Special Rapportuer places a particular emphasis on the need to undertake field visits, both in urban and rural areas, in order to gain first-hand understanding of different types of accommodations enjoyed by various social groups in the country.

Indicative list of meetings requested

Meetings are requested with government ministries, local authorities, attorney general, including relevant statutory corporation and national commissions; civic and community organisations; political parties; and UN/international agencies. UNDP and Kenya National Commission on Human Rights (KNCHR) will coordinate government sector meetings, including political parties. UNDP will also coordinate inter-governemntal sector (UN/international agencies) meetings. Mazingira Institute, in collaboration with Kenya Human Rights Network (KHRN) will coordinate civic and community sector meetings.

A. GOVERNMENT SECTOR

B. CIVIC AND COMMUNITY SECTOR

Civic Sector NGOs concerned with human rights, advocacy, service delivery, education around housing, habitat and land issues, including trade unions, women’s organisations and those involved with children, persons with disabilities and the aged.

Community Sector Urban and rural communities, both in crisis situations and those benefiting from best practices.

C. POLITICAL PARTIES

NARC, the ruling party and KANU, the official opposition party, concerning party policy and program related to adequate housing and associated land issues.

D. INTER-GOVERNMENTAL SECTROR

Tentative Programme

It is suggested that the programme may be divided up in four segments; (a) Nairobi for general overview and series of meetings with government /UN agencies etc; (b) field visits, both rural and urban (Nairobi, Mombasa and Kisumu, and; (c) Nairobi for additional meetings and wrap-ups sessions.

Contact persons

Ms. Cecilia Moller, Human Rights Officer (Focal Point on Housing Rights)
Research and Right to Development Branch
Office of the High Commissioner for Human Rights
United Nations Offices at Geneva
Palais des Nations, CH-1211 Geneva, Switzerland
Tel: +4122917 9265/fax: +412291710
Email:cmoller@ohchr.org/ website:http://www.unhchr/ch/housing


Appendix 17: Resolution on the Adoption of the “Report of the African Commission’s Working Group on Indigenous Populations/Communities”

The African Commission on Human and Peoples’ Rights, meeting at its 34th Ordinary Session, in Banjul, The Gambia from 6th to 20th November 2003;

Recalling the provisions of the African Charter on Human and Peoples’ Rights which entrusts it with a treaty monitoring function and the mandate to promote human and peoples rights and ensure their protection in Africa.

Conscious of the situation of vulnerability in which indigenous populations/communities in Africa frequently find themselves and that in various situations they are unable to enjoy their inalienable human rights;

Recognising the standards in International law for the promotion and protection of the rights of minorities and indigenous peoples, including as articulated in the United Nations Declarations on the Rights of Persons Belong to National or Ethnic, Religious and Linguistic Minorities, the International Labour Convention 169 on Indigenous and Tribal Peoples in Independent Countries, the International Covenant on Civil and Political Rights and the Convention on the Rights of the Child;

Considering the emphasis given in International law to self identification as the primary criterion for the determination of who constitutes a minority or indigenous person; and the importance of effective and meaningful participation and of non discrimination, including with regard to the right to education;

Considering that the African Commission at its 28th Ordinary Session held in Cotonou, Benin in October 2000, adopted the “Resolution on the Rights of Indigenous Populations/Communities” which provided for the establishment of a Working Group of Experts on the Rights of Indigenous Populations/Communities in Africa with the mandate to:

Noting that a Working Group of Experts comprise of three Members of the African Commissions, three Experts from indigenous communities in Africa and one Independent Expert was established by the African Commission at its 29th Session held in Tripoli, Libya in May 2001 and consequently held its first meeting prior to the 30th Ordinary Session held in Banjul, The Gambia in October 2001 where it agreed on developing a Conceptual Framework Paper as a basis for the elaboration of a final report to the African Commission, and where it agreed on a work plan.

Noting further that the Working Group Experts convened a Roundtable Meeting prior to the 31st Ordinary Session of the African Commission in April 2002 in Pretoria, South Africa where it discussed the first draft of the Conceptual Framework Paper with African human rights experts whose contributions were taken into account in the elaboration of the second draft of the Conceptual Framework Paper which was further discussed a Consultative Meeting held in January 2003, in Nairobi, Kenya;

Emphasising that the Final Report of the Working Group of Experts in the outcome of a thorough consultative process involving various stakeholders on matters relating to indigenous populations/communities in Africa;

Taking into account the absence of a mechanism within the African Commission with a specific mandate to monitor, protect and promote the respect and enjoyment of the human rights of indigenous populations/communities in Africa;

Decided to:

Adopt the “Report of the African Commissions’ Working Group on Indigenous Populations/Communities”, including its recommendations.

Publish as soon as possible and in collaboration with International Working Group of Indigenous Affairs (IWGIA) the report of the Working Group of Experts and ensure its wide distribution to Member States and policy makers in the international development arena;

Maintain on the agenda of its ordinary sessions the item on the situation of indigenous populations/communities in Africa;

Establish a Working Group of Experts for an initial term of 2 years comprising of:

  1. Commissioner Andrew Ranganayi Chivogera (Chair)
  2. Commissioner Kamel Rezag Bara,
  3. Marian Jensen (Independent Expert)
  4. Naomi Kipuri
  5. Mohamed Khattali
  6. Zephyrin Kalimber

For the promotion and protection of the rights of indigenous populations/communities in Africa and with the following Terms of Reference;

Done in Banjul, 20th November 2003


Appendix 18: Letter re SRM/NRK/Civil Case No. 19 of 1997

OFFICE OF THE PRESIDENT
PROVINCIAL ADMINISTRATION

Our Ref:EGR/11/23/57/(25          10TH February 2004-04-15

The Senior Resident Magistrate,
Narok Law Courts
NAROK

SRM/NRK/CIVIL CASE NO. 19 OF 1997

Reference is made to your letter No. SRM/NRK/CIV/Vol. II dated 17th November 2003 on the above case.

Forwarded herein, please find a written report on the established position on the ground for your further necessary action.

C.K CCHMJOR
FOR: DISTRICT COMMISSIONER
NAROK

+Attch.

SRM/NRK/CIVIL CASE NO. 19 OF 1997

SIMON KIWAPE & OTHERS PLAINTIFFS
VS
MUNERIA NAIMODU AND OTHER DEFENDANT

ESINONI GROUP RANCH (REPORT)

I am in reference to the above case coming up for hearing on 10th February 2004 at the Senior Resident Magistrate’s Court of Kenya Narok of which we were required to establish the position on the ground so as to put light on the issues to the court on the said date.

Esinoni Group Ranch was formerly under Reg. No. CIC-MARA/OLULUNGA 133. It received consent for dissolution of the incorporated group representatives on 5th April 1995 from the Ministry of Lands following the application for dissolution filed by members on 14th October 1993. under reply consent letter Ref. GR, 26/37/5 signed by S.KIDEMA (MS) for Director of Land Adjudication and Settlement dated 15th April 2003. Its is in NGORI NGORI Location of Ololulunga Division. (See copy attached).

The need for the dissolution of the group arose from the members themselves who wanted to have individual ownership. The members had a joint meeting on 12th February 1997 and under their Min. 4/2/97 unanimously agreed for the dissolution and the entire group ranch be equally sub-divided to registered members.

During this meeting of which Chief Sankei was then the Assistant Chief, there arose differences where members (registered) refused to admit sons of other former members who had sold their entire shares to Kipsigis (current complaints in the case now) and hence, had no shares left. These youths went to court and stopped the then on-going process and the demanded to be registered as bonafide members before the dissolution of the ranch (ESINONI)

The sub-division went ahead and new members registered from the former i.e from CIS-MARA/OLO/9761 to CIS-MARA//OLOLULUNGA 9844. This included new members who had bought shares from the former members of the group. Registered members were 62 and all members got individual parcels following the resolution of the District Land Control Board chaired by the District Commissioner, Narok, dated 15th June 1999.

This went successfully because the objection notice filed in court by the complainant took time from the court. The Civil Case No. 19 of 1997 dated 27th February 2001 in SRM Court at Narok ordered the cancellation of all the title deeds arising from former group ranch No. 133-ESINONI. The letter written by the District Land Registered on 28th January 2003 to the former Chairman of the group ranch and copied to our end held that all the title deeds issued to the members of the Esinoni group ranch are cancelled and will be of no use. The Commissioner of lands never went ahead to cancel these titles as per the court order and Land Registrar have not yet facilitated this. This were not recalled from the members; hence they still empowered the members to stay on hold.

The year 1997 was the Esinoni area and others were affected by land clashes. The former Provincial Commissioner, Mr. Francis Baya visited Esinoni area where the clash between the Maasai and Kipsigis were at the peak and ordered that group ranches, Esinoni inclusive be dissolved.

The directive of the Provincial Commissioner then was a move towards achieving positive conflict management and indeed this brought peace, which exists up to date.

All members registered have titles up to now including those complaining in this case. Nevertheless, apart from other members who seem well satisfied with the process. Dispute is between Mr. Nkoidila Naimodu & Masiyioi Ole Naimodu 0 Also Mr. Sanare Naimodu and Ereteti Kiwape.

For Example

Mr. Nkoidila Kiwape holds No. CIS-MARA/OLOLULUNGA/9765 AND HE IS LEASING IT TO THE Kipsigis while doing this, he refuses to leave a parcel that tentatively belongs to Masiyioi Naimodu of Parcel No. CIC-MARA/OLOLULUNGA/9781.

On the other, Mr. Reteti Ole Kiwape who holds CIS-MARA/OLOLULUNGA9773 has refused to vacate the area earmarked for Sanre Naimodu and also going ahead to lease the same to Kipsigis leaving the other without anywhere for subsistence. Sanare Naimodu has his parcel No. CIS-MARA/OLOLULUNGA9780.

Although they petitioned the whole process in court, they in reverse recognises the positioning as per the new registration, hence, they normally do the “Double Leasing” leaving others with totally nowhere to raise a living, hence, the dispute and disagreement persists. The fighting groups here do incite the leasees to even arm themselves with crude and lethal weapons and that is when administration comes in to arbitrate.

When arbitrating for peace, the provincial Administration takes it as a necessary obligation and used all the lawful necessary means to see to it that peace prevail.

We only pray to the court to find a lasting solution to the problem.


Appendix 19: Letter re Status of Esinoni Group Ranch

Harrison Kinyanjui & Co.
P.O. Box 100024
Nairobi

RE: STATUS OF ESINONI GROUP RANCH

Your letter Ref. JHK/EGR/366/2003
Of 15th April, 2003 refers.

Esinoni Group Ranch had applied for dissolution of the Incorporated Group Representatives on 14th October, 1993 and of which a consent was issued on the same on 5th April, 1995 vide our letter Ref. GR./26/371/5.

The consent for dissolution paves way for sub-division of the ranch to individual ownership.

(signed)

S. Kidemi (MS)
For: Director of Land Adjudication & Settlement

CC:
The Chairman
Esinoni Group Ranch
P.O. Box 95
NAROK


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