Archive 2001

Thursday November 22, 2001

Ogieks win battle for forest

By MUNIU RIUNGE

The recent degazettement of Mau West forest land was a dream come true for a section of the Ogieks.

At least 3,000 Ogieks who were issued with allotment letters two years ago are set to benefit from the degazzetment.

They have occupied this land since time immemorial until the colonial government gazetted it as forest land in 1932, effectively making them squatters.

Their spokesman Charles Rono, and lawyer Joseph Sergon, welcomed the move that is seen as officially sanctioning their claims to the forest. 

But this was in contrast to their colleagues in Mau East who plan to sue the government over the planned excision of more than 35,000 hectares of the forest.

The Mau East group says its opposition to the excision stems from the fact that some outsiders had been allocated plots in the forest.

But as the Ogieks from Mau West celebrated, a lobby group in Nairobi hinted it was considering challenging in court the validity of the legal notices relating to the forest excisions.

The government issued a legal notice of intention to excise more than 170,000 acres of public forests for private use. 

But the Kenya Alliance of Resident Association (Kara) has said constitutional procedures and requirements were not followed in the forest excisions.

Group spokesman Mike Mills said: "Kara invites all interested parties to declare their interest and join (us) in determining whether a fresh suit should be instituted to challenge unconstitutional excisions past, present or in the future."

Mr Sergon differed with Green Belt Movement co-ordinator Wangari Maathai's blanket condemnation of the degazettement notice saying that she had lost touch with what was happening on the ground. 

"It is ironic that Prof Maathai could condemn an action that was for their benefit while all along she has been supporting their cause," Mr Sergon said.

Mr Sergon said that the final meeting between the Ogiek Settlement Committee and the government will be held soon to finalise details of their being issued with a title-deeds.

The land targeted by the government is in 13 forests and totals nearly 70,000 hectares. 

East and West Mau are the most affected as a huge chunk of the land will be excised from the forest. The reasons for the excisions were that during demarcation in 1946, the Ogieks/Dorobos were not included as their land had been declared forest land by the colonial government in 1932.

The oversight by the colonial government at the time emanated from the unusual living-style of the Ogieks which the colonialists could not understand. The Ogieks lived in forests and attempts to settle them in cleared arable land always failed due to their culture.

Being a community of hunters and honey gatherers a forest was the most ideal place for them to live.

Prof. Wangari Maathai among other forest defenders standing strong at a confrontational site.

 

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