B. Declare that the Mau Forest has , since time immemorial , been the ancestral home of the Ogiek peop le, and that its occupation by the Ogiek people is paramount for their survival and the exercise of their culture, customs , traditions, religion and for the well-being of their community . C. Declare that the occupation of the Mau Forest through time immemorial by the Ogiek people and their use of the various natural resources therein , including the flora and fauna, such as honey, plants , trees and wild game of the Mau Forest, for food , clothing, medicines , shelter and other needs, was sustainab le and did not lead to the rampant destruction or deforestation of the Mau Forest. D. Find that the granting by the Respondent State, of rights such as land titles and concessions in the Mau Forest, at different periods to non-Ogiek persons, individuals and corporate bodies, contributed to the destruction of the Mau Forest, and did not benefit the Ogiek people, thus amounting to a violation of Article 21 (2) of the African Charter. E. That further to the Orders (A), (B), (C), and (D) hereinabove and by way of a separate judgment of the Court pursuant to Rule 63 of the Rules of Court... that the Honourable Court order the Respondent State to undertake and implement the necessary legislative, administrative and other measures to provide reparation to the Ogieks, through the following measures1 : (i) Restitution of Ogiek ancestral land, through: (a) the adoption in its domestic law, and through well informed consultations with the Ogieks, of the legislative, administrative and any other measures necessary to delimit, demarcate and title or otherwise clarify and protect the territory in which the Ogieks have a co mmunal property right , in accordance with their customary land use practices , and without detriment to other indigenous communities; 1 The Applicant asserts that this list is non-exhaustive and the Court is respectfully invited to supplement these methods of reparation with additional requirements.

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