Ill.
PROCEDURE
11. The Application was filed before the Court on 12 July 2012 and served on the
Respondent by a notice dated 25 September 2012.
12 . On 14 December 2012, the Respondent filed its Response to the Application in which
it raised several Preliminary Objections and this was transmitted to the
Applicant by a letter dated 16 January 2013.
13.0n 28 December 2012, the Applicant requested the Court to issue an Order for
Provisional Measures to forestall the implementation of the directive issued by
the Respondent's Ministry of Lands on 9 November 2012 limiting the restrictions
on transactions for land measuring not more than five acres within the Mau
Forest Complex Area.
14.By a letter dated 23 January 2013, Ms. Lucy Claridge, Head of
Law, MRGI, Mr. Korir Sing'oei , Strategy and Legal Advisor ,
CEMIRIDE, and Mr . Daniel Kobei, Executive Director of Ogiek
People's
Development
Programme
(OPDP)
sought
leave to
intervene, and be heard in the case as original complainants
before the Commission in accordance with Rule 29 (3) (c) of
the Rules.
15. On 15 March 2013, the Applicant filed its Response to the Preliminary Objections
raised by the Respondent and this was transmitted to the Respondent by a letter
dated 18 March 2013.
16.0n 15 March 2013 , the Court issued an Order for Provisional Measures
directed at the Respondent on the basis that there was a situation of
extreme gravity and urgency as well as a risk of irreparable harm to the
Ogieks . The Order contained the following measures:
"1).
The
Respondent
shall
immediately
reinstate
the
restrictions it had imposed on land transactions in the Mau
4