Another False Start for Ogiek Case

By John Kamau, Rights Features Service

Nairobi, 21February: The Ogiek indigenous community has expressed frustration after a case which they want to stop the President Daniel arap Moi government from degazetting parts of their east Mau forest and allocating them to outsiders was once again rescheduled to April 23.

The case which has been dragging at the Kenyan courts since March last year could not go ahead since the government has yet to file a replying affidavit.

"This is yet another false start but we will have to wait for them to file the defence", the Ogiek attorney, Kathurima M'Inoti said in Nairobi.

The lawyer had earlier told Justice Rimita of the Kenyan High Court to allow the case to go ahead ex-parte since the government had not filed the defence.

The High Court was told that the state counsel, Muthoni Kimani, who was supposed to represent the government was "out of the country".

Although the Court has powers to order a case to be heard exparte if the other parties fail to file a defence that rule appears to be evaded in the Ogiek case.

The case was earlier being handled by State Counsel, Valerie Onyango and it is not clear why Muthoni Kimani is taking it over. Kimani handled the earlier forest case at the High Court sitting in Eldoret where the court gave the government the go ahead to degazette the forests.

Meanwhile the Ogiek lawyer will on Monday serve the new minister for environment Mr Joseph Kamotho with a court order that stops any interference with the east Mau land until the current case is heard and determined.

"The numerous changes at the ministry of environment and natural resources means we have to keep on serving the new ministers with the same order. We do not want to find ourselves in a position where a minister says he was not served with an order", said Kathurima.

Ever since the case was filed last year the ministry of environment is having its third minister after a reshuffle saw the exit of Joseph Nyenze, and then Noah Katana Ngala.

Addressing the press outside the High court, the Ogiek Welfare Council spokesman, Joseph Towett said the community is "determined to have the case concluded".

More than 100 Ogiek elders jammed the corridors of the High Court to listen to the case.

"We will not tire to come here", an elder told Rights Features Service.

The Ogiek are Africa's last known honey-hunters and have been fighting to save their land from encroachment by timber, tea and political interests.

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