Now Therefore: 22. The Court finds that there is a situation of extreme gravity and urgency, as well as a risk of irreparable harm to the Ogiek of the Mau Forest and also prejudice to the substantive matter before the Court; 23. Consequently, the Court concludes that the circumstances require it to order, as a matter of urgency, provisional measures, in accordance with Article 27 (2) of the Protocol and Rule 51 of its Rules, to preserve the status quo ante pending the determination of the Court on the main application; 24. For the avoidance of doubt, the measures the Court will order will necessarily be provisional in nature and will not in any way prejudge the findings the Court might make on its jurisdiction, the admissibility of the application and the merits of the case; 25. For these reasons, THE COURT unanimously grants the Applicant's request and hereby provisionally ORDERS that: 1) The Respondent immediately reinstates the restrictions it had imposed on land transactions in the Mau Forest Complex and refrains from any act or thing that would or might irreparably prejudice the main application before the Court, until the final determination of the said application. 2) The Respondent reports to the Court within a period of fifteen (15) days from the date of receipt hereof, on the measures taken to implement this Order. Done at Arusha, this fifteenth day of March in the year Two Thousand and Thirteen, in English and French, the English text being authoritative. Signed: Sophia A.B. AKUFFO, President Fatsah OUGUERGOUZ, Vice-President ( \~a~lA ::;J ' 7 - -::;;: ~ ~y:fo~ ~~------~=-~- ~

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