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Update 25.10.2004
THIS IS THE LAST ADJOURNMENT, COURT WARNS AS AN APPLICATION IS
DISMISSED
By Kimaiyo Towett, Nairobi, Monday Oct. 25, 2004.
The High court in Nairobi, has dismissed with costs a formal application to have individuals who dubiously acquired land in Mau forest and other areas enjoined in a highly contested Environmental suit which took place for the 3rd time in Nairobi, Yesterday. Reliable sources further confirms that the newly enjoined county councils have been given the last adjournment further pushing the final hearing date of 16th Dec. 2004 and a further (additional) day of 20th Dec. 2004 if so required. In a new Development that saw National Environment Management Authority (NEMA), a regulatory arm of the government, successfully enjoined in support of the suit, The Government have no otherwise other than succumbing defeat. The courts also ruled that experts might be invited to assist the court in arriving at conclusive and desired decision.
Speaking in Nakuru, soon after attending the court session, Towett J.K OWC national coordinator expressed hopes that the judgment shall be delivered as late as
January. "This shall open up a new chapter for Ogiek who have remained tolerance for long time while their remain landless in their ancestral lands"/ he adds. OWC has come out openly in support of the suit which is expected to have a landmark decision on matters touching land and forests.
OWC look forward for conclusive and historic judgement that is aimed at ensuring justice for all
Sang J.K
Coordinator
Ogiek Welfare Council
National Secretariat, Kwanza Hse, 3rd Floor
P.O. Box 12069, 20100
Nakuru, Kenya
Tel. +254 51 212736, Telefax +254 51 211257, Mobitel +254 722 646043
www.ogiek.org
Update 08.07.2004
GOVERNMENT ADMITS IRREGULARITIES,
STICKS TO LAND COMMISSION REPORT AS ENVIRONMENTAL SUIT KICKS OFF
Nairobi, Monday 5th July 2004, By
Sang J.K, OWC
In a constitutional Court recently set up for judicial review, The
Government finally admits that it exceeded its statutory mandates
in hiving off more than 167,000 Acers of forest land. Arguing that
the Government would abide to the recommendations made by the
Presidential Commission investigating irregular and illegal
Allocations of Public land, the Government counsel pointed out
that those who have already acquired title deeds to be brought to
court so that they may explain how they acquired the title deeds.
The suit may bring in key officials in Ministry of Lands and the
commissioner of lands who are expected to " justify their
work". Meanwhile, a list of 653 beneficiaries, through their
lawyer was availed and their have been given 21 days to defend the
legality of their title deeds.
Meanwhile the Ogiek are seeking to file a fresh affidavit to
challenge the list brought to court purporting to be members of
the Ogiek community. the case continues on 27th July 2004.
Sang J.K
Coordinator
Ogiek Welfare Council
National Secretariat, Kwanza Hse,
P.O. Box 12069, 20100
Nakuru, Kenya
Tel. +254 51 212736 Mobitel +254 722 646043
www.ogiek.org <http://www.ogiek.org>
Update 06.07.2004
The High Court of Kenya
ruled on 05. July 2004 that it will have to hear two ex parte
injunctions against the anullation of these title deads and that
the hearing will be held on 27. July 2004.
200,000 ILLEGALLY ACQUIRED
PUBLIC LANDS TO BE REPOSSESSED AS ENVIRONMENTAL CASE IS SET TO BE
HEARD
Nairobi, Friday July 3 2004, By
Joseph K.Towett
The commission of inquiry into
illegal and Irregular Allocations of Public Land on Friday
officially presented its final report to president at state House,
Nairobi. The report pointed out that more than 200,000 title deeds
to be immediately cancelled and affected land to be repossessed.
Among the targeted lands includes those in public recreational
areas, Forests and Water Catchments areas among others. Noting
that there was need of immediate remedy, the commission
recommended that the Government establishes a land titles tribunal
to handle all applications for revocations of illegal titles.
In his part, the president said that the report shall be made
public since land grabbing is a matter of national importance. The
report recommends among other things that _all forests illegally
allocated _to individuals in the pretext that Ogiek are being
issued with land shall be immediately repossessed and the Ogiek
land problems to be "specifically dealt with". The
report further recommends that all pending Court cases pertaining
forestlands should be speeded up.
While the recommendations in the report shall have a far
reaching effect, it seems to favour the Ogiek cause and might
spark a new start for the community who have fought successive
regimes over ownership of what they regard as their
"ancestral home" and only recognised by the regimes as
"forests" within its statutory provision. this situation
has worsened ogiek precarious existence which has been worsened by
the looming economic crisis for the last 1 decade.
Beginning this Monday 5th July 2004 an environmental suit is
expected to be heard before a 3 Judge bench for 3 consecutive.
Ogiek representatives are also expected to attend. The suit seeks
to declare null and void the government exercise of hiving off
167,000 Acres of Forest Land countrywide. The exercise was a
project of the ousted previous KANU government which was fighting
for its political survival and ended up rewarding politically
correct communities and well connected individuals in pretence
that Ogiek people are being settled in their ancestral Lands. In a
further filed affidavit, the Ogiek seek to have all the Maps and
Registers/names of the beneficiaries brought to Court so as to be
made public. The identity of the real beneficiaries who are hiding
by the name "Ogiek" shall then be revealed.
Towett/OWC Research Team
Ogiek Welfare Council
National Secretariat, Kwanza Hse,
P.O. Box 12069, 20100
Nakuru, Kenya
Tel. +254 51 212736 www.ogiek.org <http://www.ogiek.org>
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