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Ogiek case to begin
October 4
by
John Kamau, Rights Features Service
(July 30,
2001) The case in which the Ogiek community in Kenya has taken
the government to court over the fate of their Mau Forest land
will begin on October 4.
The date
has already been fixed at the Nairobi High Court registry and
both the Ogiek lawyer, Kathurima M'Inoti and the state counsel
say they are ready to move.
The case
comes at a time the government has once again threatened to evict
the Ogiek from the Mau Forest land with an ultimatum
issued on July 8, expiring on Wednesday, next week.
On July 8,
the government issued a general ultimatum to all communities residing
in "government forests" in Kenya's Rift Valley province to leave.
The order is interpreted as a thinly veiled move to evict the
Ogiek before their case comes to court.
"The government
wants to cause confusion," said Joseph Towett, of the Ogiek Welfare
Council.
The October
4 case challenges the government's decision to degazette some
parts of Mau Forest land and remove them from the protection of
the Forest Act.
Such removal
would have given the government a chance to settle other people
on the Ogiek land and deny the Ogiek a right to their cultural
grounds.
The Ogiek
argue that the degazettement should not be carried before a constitutional
case they filed in 1997 regarding the fate of Mau Forest and their
legal status within the forest is heard and determined. They also
argue that the decision to degazette the Mau Forest was in contempt
of a court order that stops further alienation of Mau Forest land
until the original Ogiek case is heard and determined.
With the
date now fixed, all eyes are focused on what will happen after
the ultimatum issued by the government expires.
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