A) Facts of the Matter
6. The Application relates to the Ogiek Community of the Mau Forest. The Applicant
alleges that the Ogieks are an indigenous minority ethnic group in Kenya comprising
about 20,000 members, about 15,000 of whom inhabit the greater Mau Forest
Complex, a land mass of about 400,000 hectares straddling about seven
administrative districts in the Respondent's territory.
7. According to the Applicant, in October 2009, through th e Kenya Forestry
Service , the Respondent issued a 30 -day eviction notice to the Ogieks
and other settlers of the Mau Forest, demanding that they leave the
forest .
8. The Applicant states that the eviction notice was issued on the grounds that the forest
constitutes a reserved water catchment zone, and was in any event part of
government land under Section 4 of the Government Land Act. The Applicant
states further that the Forestry Service's action failed to take into account
the importance of the Mau Forest for the survival of the Ogieks, and that the latter
were not involved in the decision leading to their eviction. The Applicant contends that
the Ogieks have been subjected to several eviction measures since the
colonial
period ,
which
continued
after the
independence
of
the
Respondent. According to the Applicant, the October 2009 eviction notice is a
perpetuation of the historical injustices suffered by the Ogieks.
9 . The Applicant further avers that the Ogieks have consistently raised
objections to these evictions with local and national administrations ,
task forces and commissions and have instituted judicial proceedings,
to no avail.
B) Alleged Violations
1 0. On the basis of the foregoing, the Applicant alleges violation of Articles 1, 2, 4, 8, 14,
17(2) and (3), 21, and 22 of the Charter.
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