Ogiek Land Cases
and
Historical Injustices

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

“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– Securing the Rights of Indigenous People in the New Constitution order – The case of the Indigenous Ogiek People, unpublished, 2002, Nairobi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

Government of Kenya Printer (1934) Kenya Land Commission of 1934. Report and recommendations, Nairobi

Government of Kenya Printer (2001) Government Gazette notice, February 16, 2001 and Legal Notice, 19th October, 2001

Government of Kenya-Kenya Land Commission of 1930s. Report and Recommendations – Testimony of Ogiek elders dated 17th Oct. 1932

Government Printer (1999) Presidential Land Commission of Inquiry into Land Laws and systems. Gazette notice No. 6593 of 17th November, 1999, Nairobi

Guy Yeoman “High attitude Forest. Conservation in Relation to Ogiek (Dorobo) people, 1979, East Africa, Swara Magazine,

Human Rights Committee in Lansan V Finland! (Communications No. STI/1992)

Human Rights Quarterly 345 at 348, The Case of the Awas of Tigni, Nicaragua, 1996 Ivan

John Kamau “The Ogiek- The ongoing Destruction of a Minority Tribe in Kenya, 2001, - A Rights News and Features Service Publication, Nairobi

Joseph Letuya and 21 others verses Hon. Attorney General and 21 others HCCA No. 635/97, Nairobi

Joseph Letuya and 21 others verses the Minister for Environment and Natural Resources and Attorney General HCCA No. 228/2001- Nairobi

Judicial Review HCCA No. 421 of 2002 (Republic verses the Minister for Environment and Natural Resources and Ministry of Lands officials-Nairobi

Maggio F.G. “Recognizing the Vital Role of Local Communities in International Legal Instruments for Conservation Biodiversity” (1997/1998) 16 UCLA Journal of Environmental Law and Policy 179 at 180-182.

Marinwa, Sogoo and Loloigero family’s verses Isaiah Cheluget in the Narok miscellaneous application No. 7 of 1999 – Nairobi and Tribunal No. 19/1998- Narok

Nation Media Group (2001) Daily Nation 2nd Jan, 2001, Daily Nation, 18th February, 2003

Nation Media Group(1968) Daily Nation, Wednesday Magazine 23rd August 1968

National Media Group Daily Nation of 2nd January 2001 on President Moi’s speech and 18th Feb, 2003 on President Kibaki’s speech.

Oasis Magazine, 2002, Ogiek Welfare Council Quarterly magazine – Media documentations Centre, Egerton, Nakuru

Ogiek elders and leaders, open letter to Narc 9th January 2004 Daily Nation

Ogiek Elders, Petition to the President, Mimeo December 2001.

Ogiek Welfare Council, 2002, 2003

Ogiek Welfare Council, Open Letter to the Narc Government, Daily Nation of Monday, January 19, 2004 and East African Weekly 2-7, 2004.

Presidential Land Commission of Inquiry into Land Laws and Systems. Gazette Notice No. 6593 of 17th November, 1999 - Nairobi

Riesman W.M. “Protecting Indigenous Rights in International Adjudication (1995) 89, American Law Journal of International Law, 350 at 354.

Scheim, M.: “The Right to Enjoy a Distinct Culture" Indigenous and competing uses of land, in Orlin S.T., Rosas A. and Scheinin M (Eds). The jurisprudence of Human Rights Law. A comparative Interpretive approach (Turku/Abo, Finland Institute of Human Rights: Abo Akademi University, 2002 pp 159-222 at 161

Shaw M. “The Definition of Minorities in International Law”(1991) 20 Israel Yearbook on Human.

Simon Kiwape and 19 others verses Muneria Naimodu and 2 others in Senior magistrate Court at Narok civil case No. 19/97- Narok, appeal No. 64/2001 - Nairobi

Simon Milgo verses the Land Dispute Tribunal, Elburgon division NRC Misc. Civil Application No. 1 of 2003 - Nakuru

Steiner, JH and Alston P “International Human Rights in Context. (Oxford Clarendom Press, 1996 pp 1006-1011) 1988.

Survival International UK Quarterly Bulletin (Survival International 2002)

Survival International, UK- Quarterly Bulleting, 2002

Towett JK – Mau Forest on the Spotlight- 2002,2004

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)

Genealogy

Back Cover

     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.