“MAU FOREST COMPLEX ON THE SPOTLIGHT”

KENYAN’S MUST BE TOLD THE TRUTH

“Ogiek Opposition to the forest excision”

INTRODUCTION

“In grappling with our socio-economic cultural problems and the complex relationship between the environment and good governance, we must not ignore the linkages between landlessness, land tenure, cultural practices and habits, land titles, land use, and natural resources management, which must be at the heart of policy options in environment, constitutional law and human rights litigations, ” the words of Richard Kuloba and Samwel Oguk, the then judges of the High Court in HCCA 238/99 of Francis Kemei and 9 others Vs the Honourable Attorney General and 3 others.

Yes, Kenyans are celebrating forty years of self-rule, while the Ogiek are remembering the forty years of dispossession and institutional marginalisation of being rendered homeless and lack of identity in their natural habitat. Safe to say while the majority of Kenyans are yearning for the economic and political recovery, the Ogiek are begging for recognised domicile. The Environment Minister is planning mass eviction, the beneficiaries will go back to their homes of nativity, the Ogiek might be forced to join the street families.

FOREST COVER

The area under forests in Kenya is estimated at 2.4 million ha, of which 1.64 million hectares are gazetted. The area of forest land not gazetted (0.76 ha) is fragmented into 273 forest units. Forty percent of the units stand on 100 hectares or less. The closed canopy of indigenous and exotic forest used to occupy about 1.22 million hectares; plantations cover 0.16 million (GoK, 1999). Closed-canopy forests outside the gazetted reserves used to cover approximately 0.18 million hectares. The Kanu government proposed to add further 0.5 million hectares through afforestation and gazettement but it did the contrary. The NARC government has promised to put in place measures to increase the forest cover to at least 8% from the current 1.7%. The ongoing reforms at the forestry sector is meant to achieve this, but this is not attainable before an overhaul of the corrupt, in-effective and compromised provincial administration, who have contributed to the environmental disaster we are experiencing.

The Forest cover has been changing over time and space. In 1897 the only restricted forest area was Akamba Wood Strip running 2 miles on each side of the then Kenya Uganda railway line. The wood strip was established under the Akamba Woods and Forest Regulations. By 1932, 43 forests had been designed as government forest areas, which rose to 1.05 ha in 1940 (IUCN, 1998). At independence gazetted forests stood at 1.8 million representing 3.5% of the total land area. An aerial survey in 2000 shows that these forests have dwindled considerably to 1.7% of the forest cover. (EAWS/KFWG, 2001). This shows a loss of forest cover of 1.8%

MAU FOREST

The Mau forest complex covers over 290,000 hectares and represents the largest remaining near continuous blocks of mountain indigenous forest in East Africa, it is Kenya’s major Water Tower. It is situated approximately 250 km from Nairobi and border Kericho to the West, Nakuru to the North and Narok to the South. It comprises of South West Mau, East Mau, Transmara, Mau Narok, Maasai Mau, Western Mau and Southern Mau. These seven forest blocks merge to form the larger Mau forest Complex. Out of all these blocks, only Maasai Mau is not gazetted.

The forest lies between 2,000 m and 2,600m above the sea level, on the western slope of the Mau Escarpment. It regulates the stream flow thus helping to control flooding and maintain the water table in drier spells. It is also an important catchments area and drains into Lakes Nakuru, Bogoria, Baringo, Victoria and Natron. It is the largest montane forest in East Africa. The forest is a habitat for some rare and endangered mammals e.g. the Yellow Backed Duiker and the Golden Cat. There is also a sizeable population of Elephants, Buffalo and Giant Forest Hogs. The endangered Bongo antelope, rare primates like Columbus, blue and red- tailed monkeys, besides butterflies and birds. It is rich in natural amenities that add the much needed wildlife scenery.

The water from Mau forests serves more that 4 millions people inhabiting more than 578 locations in Kenya and several locations in Northern Tanzania. Each one of us is convinced that the Kenyan government recognises the vital importance role of forests, their role in rainmaking, water retention, recycling of oxygen, soil integrity, and provision of renewable resources, biodiversity and tourism. This is the reason as to why it is coming up with new environment and forest laws, vast improvement over the present largely inherited laws. To fill this vacuum is the indigenous traditional knowledge of the Ogiek people.

The forest is the home of the Ogiek Community who were and still are in spite the invasion by the land sharks and the ceaseless evictions by the successive regimes the only remaining forest dwelling community in Kenya. The forest bill 2000 does not take into account this fact true; leave alone the historical contributions of the Ogiek community on the conservation measures and practices.

LONE VOICE

The Ogiek like other hunters-gatherers have been speaking on behalf of the Natural world being plundered by governments and corporations. Today, the natural world is more endangered than ever, and if anything their conditions are worse. At this time, the Ogiek feel humanity must work together, not just for survival but also for quality of life based on universal values that protect the delicate inter-relatedness of life that protects us all…. Biodiversity is clinical, technical term for this intricate inter weaving of life that sustains us. The indigenous minority say and still maintain that they are related to this life; thus your “resources” are their relations. They feel that by the greedy leaders enhancing policies that work against them they are at war with Mother Earth.

THE STRUGGLE

The Ogiek people have a long history of resistance and struggle that has sustained their unity, identity and cultural distinction. Lately however, more than at any other time in their history, the very existence of the Ogiek as a distinct people has come under concerted threat. The threat took the form of excision of large chunks of land from our forest homes by the Moi regime and settlement of purported squatters thereon in total disregard of our identity, culture and way of life.

Our concern is specifically the fate of our indigenous minority people of the Mau Forest. It is noteworthy that the Mau provide 70-80% of the total forest area that is intended for excision. We Ogiek have occupied this forest from time immemorial and are customarily entitled to it. To settle so-called squatters on that land will deprive us of our only land and home lead to our domination and marginalisation. In view of the grave ramifications that the intended forest excisions and settlement will have for the Ogiek as a people, it was and still is important to understand the basis of the Ogiek objection to the same. In this light, we call upon the Presidential Commission of illegal and irregular allocation of public lands to recommend for the revocation and nullification of the forest excision in question.

We added our voices to the local and international protests against the excision of forestland. We never supported the attempt by the then year 2001 Ministers for Environment and Natural Resources to part with our national heritage and ancestral lands for the following reasons: -

  • The excision was to amount to a death warrant and would have led to the extinction of our ancestral lands in the Mau forest complex. We shall in effect lose our only home and birth right. While at the same time falling into the Government trap of the Ogiek negative publicity and misinformation.
  • The move would have destroyed and denied our identity and cultural distinction. Our identity has always been denied by branding us squatters and landless whilst we have distinct ancestral roots in the Mau Forests Complex. The government elbowed its way into our ancestral land through the Forest Act of 1930s and 1942s and through purported conservation declarations and other laws. In the name of conservation and environment justice, the NARC government is largely preparing for its deadliest assault to the perceived environment terrorists. It is to our prayer that they spare the “God’s chosen foresters”, the Ogiek.
  • The politically initiated settlement will lead to the assimilation of the Ogiek into other groups with the express aim of rendering the Ogiek extinct. This extinction is being carried out under the guise of settling the Ogiek. The government is thus implementing the policies of the colonial government, which recommended in the 1930s that “Whenever possible the Ogiek (Dorobo) should become members of and absorbed into the tribe in which they have closet or most affinity”.
  • The excisions manifested the Kanu government’s insensitivity to both local and international opinion, and disregard of its own legal system and of rights recognized by international law. For instance the excisions represented a blatant violation of a court order that we the Ogiek obtained to stop the subdivision and allotment of our forestland in Eastern Mau Forest.
  • Were we to support the excisions it would have amounted to taking sides with powerful forces jockeying for power and control over natural resources at the expense of the rights and interests of the weaker sections of society. For instance;

the second re-organizational, which was started way back eighteen years ago, by

Kanu Government whose systems were;

  1. 2nd generation identity and voters cards
  2. 2nd land adjudication and registration processes
  3. Ethnic cleansing – Tribal clashes-Co-ordinated eviction at the pretext of conservation.

IV Forest excisions schemes aimed at achieving security measures

In the name of sorting out the mess, the NARC Administration should focus widely as the whole process is interwoven and will be very costly. The beneficiaries too will target the Ogiek physical, economically and materially, with an intention of inflicting maximum harm.

FACTS

The Ogiek people are among the only remaining forest dwelling communities in Kenya. They number about 15,000 people. They live in groups and clans and are found in areas of Nakuru, Koibatek, Nandi and Narok District in the expansive Rift Valley Province, and the areas of Mt. Elgon District bordering Uganda and Kenya and in Northern Tanzania. They are a cultural entity of their own. They speak the Ogiek language and practice selective hunting and doing a bit of traditional agriculture within the system of land tenure common to the forest dwelling communities. The tenure comprises of tree tenure, animal tenure and land tenure. The Ogiek holds their land collectively while individual community members and families enjoy subsidiary rights of use and occupancy.

These traditional lands are neither demarcated nor otherwise specifically recognized by the Kenya Laws. By threatening sacred sites and the habitat within which the community engage in hunting, gathering and other pastoral activities and farming, the logging concessions and the temporarily stopped settlement scheme, not only threatens the integral aspects of the Ogiek community’s existence, continuity and culture but it also seeks to kill community's hope of passing on their identity and land to its children. It will further deny their children an opportunity to grow in their own culture and enjoy their ancestral birthright.

While the Ogiek were being evicted from one part of their ancestral lands on the ground that they are a danger to the environment, other sections were being opened up for miscellaneous settlement. The truth is that the real danger to the environment has been and which the Narc government must accept the logging companies and individuals, the Tea, coffee and flower plantations for European markets and a cartel of land mafia in the department of lands and the agents of conquest, the provincial administration.

The former regime released many contradictory figures on the supposed beneficiaries of its generosity. Our own statistics puts the Ogiek families in Eastern Mau at 543 families with a total population of 5,484 members. This is both the number of adults and children. Other areas where Ogiek are found take the remaining 10,000 persons. There are 12 major clans who own parcels of land in the Mau complex under the customary law where glades, valleys, swamps, rivers and traditional sacred trees serves as boundaries. This form of land ownership is what the current advocates of the market economy tenure seek to nullify. The drive behind the other politically correct persons to impersonate as either landless, squatters or Ogiek is for selfish reasons. The Ogiek just like any Kenyan of sound mind know themselves and are able to identify and define their needs, besides charting their destiny. Other Kenyans too know the truth of the identities of the beneficiaries, their backgrounds and the mission of the former regime population transfer. Indeed it was a reward for good work done, were it not the case the more than five thousand people in the influential positions, both in the old and new order would not be among the beneficiaries.

SCHEMES UPDATES

At Kapseita area of East Mau, of Elburgon Forest Station, 288 of the settled are clash victims, the proposal were made by the Catholic Justice and Peace Commission, Nakuru. Today there are more than 5000 beneficiaries, majority being the business community. They were said to have been considered from the Chepakundi displaces (of 1991) tribal clashes.

At Bararget area of East Mau, Bararget forest station, 261 clash victims were used to justify the opening up of this area for settlement purposes. They are said to be survivors of the Njoro tribal Clashes, of 1998. The proposals were made by the National Council of Churches of Kenya (NCCK- Eldoret) ironically it was not the local Nakuru NCCK. Today we have more than 5000 beneficiaries, majority being the senior civil servants of the former and present regimes and their friends and relatives.

Ngongongeri area of Mariashoni location was made an exclusive area for all those who mattered in the former and present regimes. In local terms it is called “officer’s mess” where “who is who” matter most.

Nessuit Location – this is location with 70% foreigners and 30% locals while Sururu, Likia and Teret is a haven for the beneficiaries from Kericho, Transmara, Bomet, Koibatek, Bureti and Baringo Districts. Logoman was earmarked for the Pokots.

 Tinet, Kiptororo and Saino in the South West and Western Mau – the identity of the beneficiaries has been made a secret oath of the highest order. The true position is that we have 10% of the beneficiaries, being members of Ogiek origin.

Mariashoni, this is the only area which is clean with 90% local inhabitants being Ogiek. The Ogiek land rights struggle is centralized here. The only remaining intact forest and regeneration is in the same area, what a true foresters.

Kiptunga Forest station had been earmarked for the Samburus, the local Maasai and Keiyos. The local Ogiek on refusing to let lose the grip, delayed the finalizing of this arrangement. Ever since a wagging finger is pointed to their direction.

The Ogiek share the following views on the settlement scheme initiative:

  1. The Ogiek do not own these schemes and this is supported by the Provincial Administration hostile attitude, their official documents and sworn affidavits. They thus feel cheated and robbed off their only remaining home in Kenya. The scheme was carried to dispossess them off whatever they hold; as it targeted their only remaining home.
  2. The settlement process does not and will never guarantee the protection of the Ogiek cultural and ethnic identity as it seeks to assimilate the Ogiek into other communities besides nullifying our identity.
  3. The sanctioned programme by the Office of the President facilitated the encroachment of our ancestral land by both the mighty and the powerful, who sought to dominate us politically and economically.
  4. The Scheme totally interfered with our customary land tenure that allowed communal sharing of land and resources besides a peaceful co-existence of both human needs and the environmental protection.
  5. There has been much mistrust, suspicion, conflict, competition and even rivalry between Kenyan communities and ethnic groups competing for power and control over natural resources leading to the current invasion trend of the Ogiek ancestral land under the guise of settlement and conservational purposes. The Colonialist protected their interests through buffer zones, which ended up being forests, as informed by the forest legislation Cap 385, while the KANU regime used Human shields against persons it did not trust.
  6. The former Minister for Environment and Natural Resources’ gazette notices aimed at privatising section of land in Mau Forest, were acts of bad faith that are aimed at denying the Ogiek a chance to follow up their pending cases, while the present Minister for Environment, Wildlife and Natural Resources acts are of vengeance and self aggrandising.

INTRANSIGENCE

Members of the Ogiek community have seriously suffered in the ever changing political landscapes of our nation. They have been sacrificed for political selfish gains and are still made Trojan horses for a race they have never applied for. Without their consent they have been made proposals and successfully marketed. Today in the outside world, it is difficult to understand the Ogiek demands for there are different group’s speaking for and on their behalf. It is not surprising that the KANU regime behave in the way it behaved for,