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.