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Ogiek Land Cases
and
Historical Injustices


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Tribute

To Mr. Parsaloi Saitoti Orop Monoso who passed away on 2nd Dec 2002 at the age of 80 of which 80% was dedicated to the Ogiek struggle for ancestral lands and recognition in HCCA Nos. 635/97 and 228/2001. He was applicant Number 9.


Bibliography

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Daily Nation, Wednesday, Magazine of 23rd August 1968

Dr. Smoking Wanjala and M/s Wanza Kioko Securing the Rights of Indigenous People in the New Constitution order The case of the Indigenous Ogiek People, unpublished, 2002, Nairobi

Francis Kemei and 9 others verses the Attorney general and 3 others HCCA No. 238/99 and appeal 98/2000- Nairobi

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Genealogy

Content in printed book.


Back Cover

Ogiek Land Cases and Historical Injustices

     The case of whose land, in a controversy that pity the historical claimers, the Ogiek community, the conservation authorities and the provincial administration under the auspices of development programmes

     The Kenyan government or the successive regimes for that matter are on records as having maintained a clear, if unstated, policy to frustrate all efforts by the Ogiek to secure legal protection for their traditional lands, culture, ethnic identity and language.

     This all is manifested in the way these regimes have handled the community’s plight and more particularly the land claims. Whereas the Ogiek wanted to be recognised as distinct groups, the successive regimes sought the contrary, they went ahead to equate the community as landless persons, a justification to nullify their God given rights. They have gone a long way to criminalise their ways and modes of living, with a clear policy of assimilation, a sure road to historical oblivions and dustbins. Voicing the community’s rights is calculated to mean seeking special favours, or even classified as acts of bad faith aimed at security threats and development stagnation. This policy of integration has been institutionalised by all the arms of the government and this was manifested by the HCC238/1999,2000 March hostile judgment from the high courts. At the same time government sponsored factional groups have been used to wage political and economic war to the already impoverished Ogiek members, whereas degradation is called development, the community are yet to recover from the cheating, coercion and dispossession, hence the genesis of this research, aimed at sharing the intrigues behind the scene.

     The author has first hand experience in these matters, as he has been a central player in the community’s land question and plight. He has researched extensively on all the Ogiek groupings and also participated in all the community’s lodged complains in courts and government established bodies, commissions and select committees. His expertise in the indigenous affairs has help a lot in changing the country and world perception on the original understanding of land use and occupancy.

     Indeed today our country is proud of the proposed extensive and comprehensive land policy.


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Copyright © 2004, Ogiek Welfare Council and Towett J. Kimaiyo.
Reproduced with permission of Towett Kimaiyo.

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