Court extends eviction ban order against the Ogiek in Mau forest
A Nakuru Environment and Lands Court has extended orders barring the government from evicting the minority Ogiek community from the expansive Mau Forest.
At different times between May and December, the government has been conducting evictions in the Maasai Mau forest in Nakuru and Narok counties.
According to the community through its lawyers and Kenya National Commission on Human Rights (KNCHR) the affected areas include Sasimwani and Kiptunga villages.
Hearing for an application for conservatory orders in a petition filed by the community was supposed to take off yesterday but the government had not served the petitioners with their response.
“We can’t proceed with this matter since we have not been served with anything from the government side. It is our prayer that this matter is pushed forward,” Ogiek’s lawyer Victor Kamau told the court.
Serve petitioners
Justice Lynnet Omollo of the Nakuru ELC adjourned the case to January 23 and directed the government to serve the petitioners with their response.
“The interim orders that had been given by this court (on November 28, 2023) are hereby extended pending hearing of this matter,” ruled Justice Omollo.
Addressing the press outside the court, Kamau said the extension of the interim orders was a reprieve for the community, which has been suffering for months now.
No evictions
“This means that there will be no evictions and harassment of community members. This is a country where the rule of law ideally holds way,” said Kamau.
The lawyer warned that any contempt on the orders would attract legal action.
“We shall not hesitate to cite anyone who will disobey the court orders irrespective of their station and stature,” said Kamau.
The community had obtained similar orders at a Narok court seeking to stop evictions in Sasimwani area where hundreds of families have already been evicted.
The Nakuru court also issued similar orders in November stopping any evictions in parts of Mau Forest within the county.
The community however says that the government has been in contempt of the orders and continues to evict, harass and intimidate them.