4. In its Application, the Applicant prays the Court to Order the Respondent to: a. Halt the eviction of the Ogiek from the East Mau Forest and refrain from harassing, intimidating, or interfering with the community’s traditional livelihoods; b. Recognize the Ogiek’s historic land, and issue it with legal title that is preceded by consultative demarcation of the land by the Government and Ogiek Community, and for the Respondent to revise its laws to accommodate communal ownership of property; and c. Pay compensation to the community for all the loss they have suffered through the loss of their property, development, natural resources and also freedom to practice their religion and culture. 5. The Applicant subsequently requested the Court to issue provisional measures on the ground that, on 9 November 2012, the Ministry of Lands of the Respondent issued a directive that restrictions on transactions for land measuring five acres or less within the Mau Forest Complex Area be lifted. This, according to the Applicant, has the potential to cause further irreparable damage to the Ogiek in the Mau Forest Complex and will serve to perpetuate and expand the prejudice that is the subject of the Application. 6. During its 28th Ordinary Session, the Court ordered provisional measures as follows: a. 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. b. 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.

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