CS Tobiko appoints another team to handle Ogiek land issues

The Environment and Forestry CS Keriako Tobiko has appointed PS Charles Sunkuli as chairperson of a 17-member taskforce formed to implement decision of the African Court on the Ogiek Community land rights in Mau Forest.

The CS revoked appointment of the former PS Margaret Mwakima who had been given the mandate to lead the taskforce by the former Environment CS Judi Wakhungu in November, last year.

NOTICE

“The Cabinet Secretary has appointed Mr Sunkuli as Chairperson of the Taskforce on the Implementation of the Court Decision of the African Court on Human and Peoples' Rights issued against the Government of Kenya in respect of the rights of the Ogiek of the Mau and revokes the appointment of Ms Mwakima,” indicated Mr Tobiko through a notice published Friday in Kenya Gazette.

The African Court, in its judgement dated May 26, 2017, found that the 35,000-member forest-dwelling community was illegally evicted from their ancestral land in the water catchment tower and that their rights were violated.

In the landmark judgment, the African Court found that Kenyan Government violated rights of the community by evicting them from their ancestral land in Rift Valley.

The court also found that the community’s rights on religion, life, property, culture, development and non-discrimination were violated during the eviction exercise after they resisted.

“By expelling the Ogieks from their ancestral land against their will, without prior consultation and without respecting the conditions of expulsion in the interests of public need, the Kenya government violated the rights to land,” said the court.

The court found that causes of degradation of the water catchment tower was logging and settlement of other communities but not the Ogiek.

FOREST

The case was filed by the community following forceful eviction by the State security agencies in bid to protect the expansive forest.

However, the government submitted to court that the indigenous community had changed their lifestyle from the traditional one to modern and therefore their continued stay in the forest was dangerous to the forest and environment.

Mr Sunkuli’s team will also study other judgments issued by the local courts in relation to the Ogieks occupation of the Mau Forest.

The team will recommend measures to provide redress to the claims of the community, which may include restitution to their original land or compensation with alternative land.

The earlier notice indicated that the taskforce will look at the land related laws and policies to see how they can address the plight of the Ogieks community.

The team will later prepare interim and final report to be submitted to the African Court on Human and Peoples Rights in Arusha Tanzania and examine the effects of the Judgment on other similar cases in other areas in the country.

It will also conduct studies and public awareness on the rights of indigenous people and also get views of the members of the public and any interest groups alongside seeking expertise advice from consultants.

SIX MONTHS

The taskforce is in office for a period of six months starting November, 2017 while its costs will be drawn from the Kenya Forest service (KFS).

Members of the taskforce are drawn from the Office of the President, Office of the Deputy President, Ministry of Environment and Natural Resources, Ministry of Lands and Physical Planning, The National Treasury and office of Attorney-General.

Others are from Kenya National Human Rights Commission, National Lands Commission, Ministry of Sports and Culture, Kenya Forest Service.

Joint Secretaries of the taskforce are Mary Nyamichaba from Ministry of Lands, Belinda Akello from National Land Commission and Patrick Njagi from Kenya Forest Service.