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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.
The Jurisprudence of Human Rights Law: A comparative Interpretive Approach (Turko/Abo, Finland: Institute of Human Rights; Abo Akademi University, 2000)
Daily Nation - Mau Forest on the Spotlight – Kenyans must be told the truth and East African Standard Weekly – 11 and 15-21 December 2003., and 2002 Booklet Publish by Media Education Centre, Egerton, Nakuru
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– Securing the Rights of Indigenous People in the New Constitution order – The case of the Indigenous Ogiek People, unpublished, 2002, Nairobi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
Government of Kenya 1991 Land Laws Systems Inquiry Commission, Pg 70, Nairobi
Government of Kenya Constitutional Review Commission, Draft, 2002. Constitution of Kenya Review Commission, Nairobi.
Government of Kenya Gazette Notices of February 16, 2001 and Legal Notices of 19th October, 2001, Minister for Environment and Natural Resources, Nairobi
Government of Kenya Memorandum of Kenya Indigenous Forest Conservation Programme (KIFCON) 1991- 93, handed over to the president of the Republic of Kenya H.E. D.T. Moi
Government of Kenya Officials documents (Colonial and Independent). Kenya, Nairobi
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Joseph Letuya and 21 others verses the Minister for Environment and Natural Resources and Attorney General HCCA No. 228/2001- Nairobi
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Towett JK. Allotment for Assimilation, a paper submitted to the Law Society of Kenya in 2001, during World Conference against Racism preparations - Nairobi
Towett JK. Development Processes, Minority Rights and Recurring injustices- A paper submitted to the National Hunter-Gatherers Workshop – Kitale, 2003
Wamugo E. – We the Ogiek, (Nairobi: Kenya Human Rights Commission, 2001)
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 communitys 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 communitys 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 communitys land question and plight. He has researched extensively on all the Ogiek groupings and also participated in all the communitys 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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