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Police
move in, Ogiek youth charged with capital offense
by John
Kamau, Rights Features Service
(January
25, 2001) Armed police have moved into the Ogiek ancestral land
to protect surveyors that are busy demarcating it, despite a court
order. Meanwhile, the Ogiek youth arrested last week after members
of the community seized survey equipment
has been charged with a capital offense — "robbery with violence."
He has been
detained until May 16 when his case will be heard.
The two moves
are being interpreted as another way to silence the Ogiek indigenous
tribe of Kenya, who are protesting continued theft and destruction
of their ancestral land by new settlers and wanton destruction
of their forest bases by logging companies.
The youth,
Dominic Maritim Wilson Monoso, was seized and tortured last week
by police after surveyors were confronted by Ogiek youths who
took away the equipment because they felt that a High Court order
was being ignored.
Monoso appeared
today before a local court and was charged with "robbery with
violence" and a second charge of "assault." The robbery with violence
offense carries a mandatory death sentence under Kenyan laws.
He was granted
bond of Kenya shillings 100,000 (US$1,274) for the second count
by Molo magistrate Joshua Kiarie but remains in custody since
the Kenyan laws do not permit bails for capital offenses in the
first count.
"The idea
is to settle people on our land before the general elections,"
says Ogiek Welfare Council spokesperson Joseph Towett.
The Ogiek
went to court in 1997 in a bid to stop the government from allocating
the ancestral East Mau forest to outside settlers. Although the
Kenyan High Court issued an injunction preventing allocation of
land there until the case is settled, the local administration
has moved in and started demarcating
the land. (Demarcation does not technically violate the court
order but is a clear prelude to allocating the land.) A local
District Officer has been quoted as saying that "This is purely
a government project, which is legal and anybody interfering with
it will face the full force of the law."
The Ogiek
are now left wondering what to do next.
"We will
fight to the bitter end," vows Towett.
Towett said
that the surveyors are now being protected by armed administration
police and they have camped in the Ogiek land.
"They are
busy surveying, and we appeal to the international community to
intervene," said Towett.
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