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Ogiek's notice of
objection to planned degazettement
by
Kamau Kuria & Kiraitu on behalf of the Ogiek
The following
Objection Notice was issued February 19, 2001, and is distributed
by Rights News and Features Service.
(February
20, 2001)
The Minister
for Environment
Ministry of Environment
Maji House
Ngong Road
P.O. Box 49720
Nairobi
RE: NOTICE
OF OBJECTION TO THE INTENTION TO ALTER THE BOUNDARY OF EAST MAU
FOREST PUBLISHED IN GAZETTE NOTICE NO 889 OF 16TH FEBRUARY, 2001
We act for
our clients Joseph Letuya, Patrick Kibet Kuresoy, James Rana,
Nahashon K. Kipto, Elasco Rono, Stephen Pandumunye, William Kiplagat
Kalegu, Joseph K. Sang, Parsaloi Saitoti, Kiprono Sigilai, Zakayo
Lesingo, Julius Sitonok, Isaiah Senet, Johnson Namunge, Samson
Kapkirui Mureno, Charles K. Ndaraya, Daniel Kibet Chesot, William
Seronei Tiwas, Joseph Kimaiyo Towett, Staron Meitubuny, Sembu
Oris, and Simon Rana with instructions to lodge an objection to
your intention published in the Kenya Gazette Notice No.
889 of 16th February 2001 to alter the boundary of East Mau Forest.
Our Instructions
are that under the said Gazette Notice, you have given 28 days
notice with effect from 16th February 2001 of your intention to
declare the boundaries of the East Mau Forest altered so as to
exclude an area of approximately 35,301.01 hectares adjoining
the western, northern, and eastern boundary of Eastern Mau forest.
Our client's
objection to your said Gazette Notice is based on the following
facts:-
Our clients
and other members of the Ogiek community are residents of East
Mau Forest whose boundaries you intend to alter and excise therefrom
35,301.01 hectares. Our clients and members of their said community
have been in occupation of the said lands from time immemorial.
In 1997,
our clients filed in the High Court of Kenya a constitutional
application, namely High Court of Kenya at Nairobi, Miscellaneous
Application No. 635 of 1997 inter alia against the Attorney General
on behalf of the then Ministry of Environment and Natural Resources,
the Rift Valley Provincial Forest Officer, and the Director of
Forestry.
In the said
application, our clients sought inter alia a declaration that
the allocation of the lands they occupy in East Mau Forest and
in particular in Sururu, Likia, Teret and Sigotik forests, Marioshoni
Location, Elburgon Division, and Nessuit Location, Njoro Division,
Nakuru District was illegal, null and void. Our clients also sought
an order restraining the respondents named above from allocating
the said lands and from interfering with the occupation and enjoyment
of the said lands.
On 15th October,
1997 the High Court of Kenya issued an order which provided inter
alia as follows: "That there would be no further allocation of
the suit land until all the issues in dispute are resolved in
court."
The said
order of the High Court has been served inter alia upon the Attorney
General, the Rift Valley Provincial Forest Officer, the Director
of Forestry, the Commissioner of Lands, the Provincial Surveyor,
Rift Valley, the District Commissioner Nakuru, the District Officer
Elburgon, the District Officer Njoro, the District Officer Keringet,
and the District Officer Mau Narok. All these government officials
are and have been aware of the existence of the said court order.
The said
order of the High Court has not been appealed from, reviewed or
otherwise set aside and is still in force and fully binding.
Should you
proceed to excise and alienate parts of East Mau Forest as you
have indicated in the above Gazette notice, you will be in blatant
violation of the said order of the High Court and by extension
in contempt of court and liable to process of execution to compel
compliance with the court order.
Our further
instructions are to seek your confirmation that you will not carry
out your said intention in view of the Court Order in force.
If we shall
not have received the said confirmation within the next seven
(7) days from the date hereof, our instructions are to move to
the High Court for the necessary orders of prohibition and your
committal to jail for contempt of court.
Yours Faithfully
Kamau Kuria & Kiraitu Advocates
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