President promises land titles, while Ogiek lawyer is threatend with murder

 

Index of this compilation

Lawyer claims death threat on Ogiek land - 26.03.2004

Finally, Ogiek to get title deeds - 29.03.2004

Statement by Kiplangat Cheruiyot Peter, Coordinator CEL-Kenya

Statement OPNA and ORIP

Forest settlers face eviction

 

Latest Update: 27.05.2004

 

Timber firms accused of corruption

DAILY NATION 27 May 2004

Managers of leading  timber firms were accused of bribing government officials to allow them to deplete forests.

Mr. John Sambu (Mosop, Kanu ), claimed the managers were loading briefcases with money and taking them to senior Ministry of Environment and Natural Resources officials so that they could turn a blind eye on their activities.

Mr. Sambu named Pan Paper, Timsales Timber and Rai ply as some of the firms involved.

Asked to substantiate or withdraw the claim by Mr. Gor Sunguh (Kisumu Town East, Narc), the Kanu MP said he knew what he was talking about recalling that he was sacked by former President Daniel Arap Moi in 1996 for protesting against the same issue.

He was contributing to debate on the Forest Bill moved by Environment minister Newton Kulundu on Tuesday.

Supporting the Bill, Co-operative Development assistant minister Peter Kenneth asked Mr. Sambu had failed to share with MPs his frustration as Environment Minister during his tenure.

Mr. William Ole Ntimama (Narok North Narc) said the Tanzania government may soon make a formal protest because of Mau forest.

MPs were up in arms over the manner in which Councils used the Local Authorities Transfer fund.

They accused the local Government ministry of allowing councils to divert the funds to paying salaries and other activities unrelated to it’s objective.

Assistant minister Betty Tett caused uproar when she said that at times councils used the money to pay salaries.

 

06.05.2004

Dear All,

The Ogiek are celebrating after the NARC gov't sacked the Officer of the Commanding Police Division (OCPD) of Narok District.

It is in todays Kenya newspapers that Mr.Joseph Mutuku Munyao has been shown the door.

The Ogiek welcome the gov't move since the officer has been harasing Ogiek leaders in Narok. 

Also he failed to arrest and charge the man who intimidated lawyer Charles Sena with a gun.

 Witnesses were there but he liaised with the person and released him since the person is a brother to a Hon. Member of Parliament from the former regime.

It is clear that the gov't of Kenya is transparent through the new police commissioner.

LONG LIVE NARC AND LONG LIVE OGIEK

Best Regards

Kiplangat Cheruiyot
Abode Fide Human Rights Monitor
06. 05. 2004

22.04.2004

Forest settlers face eviction

Published: 04/22/2004 Daily Nation
By: SIMON SIELE
 

Speculators occupying Government forest land in the Mau settlement scheme will be evicted, the provincial administration has warned.

Rift Valley deputy provincial commissioner Benjamin Rotich warned especially families occupying water catchment areas.

He was speaking during a visit to the forest by a team that will oversee land allocation in the scheme.

Those targeted are families illegally occupying Logman and Kiptegel. They encroached on the forest when the Government established the scheme for squatters, mainly from the Ogiek community.

Mr Rotich, accompanied by Nakuru district commissioner James Mwaura, surveyors and settlement officers, addressed a baraza at Saino, where the team was introduced to committees set up to vet the genuine beneficiaries.

The administrators' visit was in line with President Kibaki's directive that squatters in Sotiki, Ndoinet, Saino, Bararget, Mauche and other settlement schemes be given title deeds in three months.

During the President's address at Olenguruone late last month, he said he was moved by the Ogiek community's plight.

The previous regimes had failed to recognise their land ownership rights, and President directed that their settlement be formalised.

Although the initial settlement plan targeted 5,016 people screened and found to be genuine Ogiek members - thousands of others, mainly from Baringo, Bomet and Buret districts, were allocated plots.

Buresoi MP Moses Cheboi pointed out to the President during the March 28 meeting that development had not been undertaken in the local settlement schemes because there were no title deeds.

The legislator said it would be fair for the Government to complete the resettlement programme, left incomplete by the Kanu system.

Yesterday, Mr Rotich said he was optimistic the technical team would complete its work as scheduled to speed up title deeds processing.

 

Update 29.03.2004

Dear friends,

The Ogiek Peoples National Assembly (0PNA) and Ogiek Rural Integral Projects (ORIP) welcome with caution the presidential pronouncement that the Ogiek be issued with title deeds. The same statement was made by former President DANIEL ARAP MOI some years ago and President Kibaki’s statement brings back sad memories to my heart and to the Ogiek people. Under the circumstances I personally do not smell the Ogiek in the statement save that it is a political statement meant to achieve political mileage. We all know that the politicians behind the president’s visit to the Rift Valley are the same people who during KANU era opened up the Mau forest for scramble, the second scramble after the European’s scramble for Africa. They own tracks of land and have title deeds, while, when and where no Ogiek have any.

In Tinet, Ndoinet and Saino there are a handful of Ogiek and the majority are non-Ogiek yet no mention of the East Mau, Narok, Mt Elgon, Laikipia and Transzoia Ogiek ancestral territories. The statement does not say that Ogiek rights to their territories is hereby granted as a presidential decree. It merely says give title: over which land? Government’s or what our people call their ancestral lands? What are the legal implications of the statement in as far as the Ogiek claim to their lands?

The world knows that Ogiek have their land cases pending in our courts and are yet to be concluded. If the statement was made in good faith then the government of Kenya should then terminate all Ogiek cases through a logical procedure recognized under our municipal laws. The government should then establish Ogiek peoples commission to address the Ogiek land question.

I am sceptical about the whole issue and I hope that the NARC Government can go down in history as having respected the rights of the Last Hunters of East Africa by acknowledging the historical injustices meted against the Ogiek people in Kenya.

As for me and my house there is nothing to celebrate about. So let the KALENJIN and politicians celebrate. I will celebrate when the Ogiek Nation gains finally its restitution through the rule of Law.

I hope that I can write tomorrow to say the contrary.

With regards

Charles Saina Sena
CHAIRMAN-OPNA
EXECUTIVE DIRECTOR-ORIP

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President promises land titles, while Ogiek lawyer is threatend with murder

While some groups of Ogiek, who have been promised title deeds for plots in Ogiek Land, are said to be celebrating, other remain critical.

Statement by Kiplangat Cheruiyot Peter, Coordinator CEL-Kenya

President Mwai Kibaki of Kenya has urged the Ministry of Lands and Settlement to issue the minority Ogiek (Caretakekers of Fauna and Flora-Hunter-Gathers) with individual title deeds before the end of three months from 28th march 2004.

Kibaki was speaking in Kuresoi constituency after a large tour of Rift Valley Province.

Ogiek op om-Tinet Ogiek armed with their traditional regalias welcomed him with traditional folk songs.

Tinet has been with a stay of a case in court pending appeal challenging the eviction.

It seems as if the president has nullified the order of eviction if titles are to be issued to the Ogiek within the said months.

Ogiek yet to be more happier.

The presidential delegates included Minister of Lands, Mr. Amos Kimunya, Minister in charge of security Hon. Murungaru, MPs Cheboi Moses (Kuresoi), Koigi Wamwere (Subukia) and other senior individuals from the NARC government.

The Ogiek of Tinet support the issuances of individual titles to them and being settled after dermacation. They were given cards and allotments already years before and were waiting for the promised titles deeds. The problem which emerged later was that powerful individuals were benefiting from the lands and left some Ogiek landless. According to Charles Sena, the tiitles should be issued only to true Ogiek, but concerning the Non-Ogiek.see the East African Stardard today, which quoted him.

The big question is: Will the titles be issued to individuals with 10 acres (wife and husband) or to those with above 10 acres up to 200acres - land grabbers? Who will compensate the Ogiek and the Kenya Human Rights Commission officers who were arrested and only discharged after a week in in the cells in 2000? The answers fall under the docket of the Justice and Constitutional Affairs Ministry.

My personal advice - as Ogiek Community based Human Rights Defender and Coordinator of the Centre for Endangered Languages in Kenya - is that a tribunal should be set to observe equally and evict the landgrabbers.

As Ogiek are now again promised titles, the life of an Ogiek, who is a lawyers by profession, is in danger. One individual already attempted to shoot him in a restaurant in Narok town.

Charles Saina Sena escaped by God’s mercy after one Sylevester Ntutu,  a brother to Hon. Stephen Ole Ntutu - a powerful individual from the former regime, pulled a gun. The man was arrested and discharged after an hour. No action has been taken against him so far, though witnesses are available. The man still has his pistol.

The story was on Kenyans newspapers after a press conference in Nakuru. All Ogiek professionals are now worried for their safety. Among the professionals are Daniel Kobei, Changeiwa Johnstone, Cheruiyot Kiplangat, Paul Kanyinke and Sena Charles.

Lawyer Ogola of Kiplenge Associates requested the government to give protection to Ogiek leaders. Ogiek leaders have been protesting against the destruction of the Mau Forest.Is is seen as if those learned memb ers of the Ogiek community are the target - according to Daniel Kobei.

Ogiek are for the zero draft of the new Constitution of Kenya. Long life Ogiek ! Long live Mau Forest! Long live the Ogiek Language!

Yours Endangered
Kiplangat Cheruiyot Peter
Coordinator CEL-Kenya

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Finally, Ogiek to get title deeds

By Samuel Mburu and Francis Ngige
East African Standard
Monday, March 29, 2004
 

Members of the Ogiek community yesterday had their day when President Kibaki ordered that they be issued with title deeds.

Winding up his three-day tour of South Rift, Kibaki directed that title deeds for parcels of land the forest dwelling community were settled in parts of Nakuru District be given within three months.

Speaking after attending an open-air church service in Olenguruone, the Head of State said the community had a right to own land and directed that their settlement be formalised.

Members of the community were settled in Ndoinet, Saino and Tinet, but the issuance of title deeds has been stuck as people who are said to have masqueraded as members of the community also benefited.

Although the initial plan was to settle 5,016 members who were screened and found to be genuine Ogiek, thousands of others were also allocated the land.

A lawyer for the Ogiek community, Mr Charles Saina ole Kiina, immediately declared that he would draft a petition to Lands Minister Amos Kimunya opposing the issuance of title to non-Ogiek.

The church service, which was attended, by hundreds of people was conducted by Bishop Joseph Rono of African Gospel Church. The President made the announcement after the service, which was also attended by several Cabinet ministers, their assistants and MPs.

The President directed Kimunya who was present to ensure that the problem at settlement schemes in Kuresoi constituency is resolved.

He said part of forests in the constituency had been hived off for the purpose of settling the Ogiek and it would therefore be unfair for the Government not to issue them with title deeds.

He issued the directive after Kuresoi MP Moses Cheboi pleaded with him to ensure his people are settled permanently as the previous regime failed to complete the exercise.

Kibaki, who was accompanied by First Lady Lucy Kibaki, told the people of Kuresoi, Molo and other areas in Nakuru to forget the past and concentrate on building the nation.

In apparent reference to ethnic clashes that rocked the area in 1992, the President said people should concentrate on activities that would uplift their living standards.

He announced that the Government will revive the Agricultural Development Corporation (ADC) potato cooling plant in Molo.

Responding to pleas made by local leaders led by their MP Macharia Mukiri, the President said the revival of the plant will go a long way in solving the problems of farmers.

Likewise, Kibaki said, the Pan-African Vegetable Processors plant in Naivasha will soon be back in operation.

Agriculture Minister Kipruto Kirwa said pyrethrum farmers will be paid Sh190 million on top of Sh60 million already paid out. He said the Government will strive to pay the remaining Sh800 million after selling the processed flowers.

During yesterday’s tour, the President made several stopovers at Olenguruone, Keringet, Molo town, Elburgon and later Njoro where he met by an enthusiastic crowd that demanded that he address them.

See also: http://allafrica.com/stories/200403290440.html 

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26.03.2004

Lawyer claims death threat on Ogiek land

by Nation Correspondent
Daily Nation / Friday, March 26, 2004

A lawyer claims that his life is in danger after he was threatened with murder for allegedly protesting against land allocation in the Mau Forest.

Mr. Charles Saina Sena claims that he narrowly escaped death when the influential man whipped out a pistol and threatened to shoot him.

Mr. Sena has been championing the rights of the Ogiek community in Mau forest.

Residents in court to bar people from forest

The Ogiek have filed civil cases in court seeking the cancellation of human settlements created during the last decade in the vast rain forest.

Mr. Sena, who was accompanied by the chairman of the Ogiek Peoples Development Projekt Daniel Kobei, said that there was also controversy over the disputed Reiyo Ranch in Narok District.

The Ranch, measuring 23.000 hectares, he said, was allocated to a few influential individuals, who tampered with the maps at the Ministry of Lands.

The lawyer is represeenting 10 complainants in a legal tussle over the ownership of part of the Reiyo Ranch.

Mr. Sena took isue with the police in Narok for failing to arrest the gunman, despite having been notified about the death threats

"We need police protection", Mr. Sena said.

 

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