Size of Wales is pleased to learn that the Ogiek Indigenous Peoples of Chepkitale, Kenya have won their case in the Kenyan High Court against the conversion of their ancestral lands into a game reserve and their forced eviction.
A 22-year-long legal battle to claim back part of their ancestral lands has ended with a positive result for the Ogiek of Mount Elgon. In 2008, they filed a case to challenge the then Mt. Elgon County Council’s decision to convert part of their ancestral lands into a national park.
The community’s case claimed that this was unconstitutional and unlawful, and the community were not consulted about the proposals. They also lost their land without any form of compensation, despite this being required by law.
Despite evictions, continuous threats and attacks, the Ogiek courageously returned to live on and manage their lands and awaited the result.
The court ruled that turning the land into a national reserve was unconstitutional and unlawful, that it should revert back to its original status, and the Ogiek’s legal costs are met. The verdict is a huge step forward in their goal of registering their community land.
“We won. I am overwhelmed” said Peter Kitelo, who led on the case for the Ogiek and leads Size of Wales’ partner organisation, the Chepkitale Indigenous People Development Project (CIPDP).
Kipkerer Hill in Mount Elgon
Speaking on the judgement, the Chair of the Council of Elders, Chepkitale, Cosmas Murunga, said:
They wanted to divide us with our lands, our forests and our ancestors…Our ancestors have refused and that is why this win looks like a miracle to me.
The Ogiek have lived on and stewarded their land and the forest for millennia and are a clear example of how Indigenous Peoples are the best guardians of the forest and biodiversity. Two key pieces of evidence considered by the court – an IUCN evaluation of how the Ogiek manage their environment, and a report commissioned by the then Ministry of Environment and Natural Resources – showed that the presence of the Ogiek community plays a key role in protecting elephants and other key species, as well as in protecting and regenerating their indigenous forest.
Peter Kitelo said:
The long wait in the pursuit for justice for the Ogiek community of Chepkitale in Mt. Elgon has come to an end. Now is the time for the government of Kenya to support the Ogiek community’s desire to own and sustainably use our lands now and generations to come.
Size of Wales’ Deputy Director, Barbara Davies-Quy said:
Protecting tropical forests is vital to tackling the global climate and nature crises. Indigenous peoples are the true conservation experts, therefore we are delighted with this ruling. We are proud to have partnered with the Ogiek Indigenous People for many years including funding some of their vital legal support and the awareness-raising work.
Join us in celebrating this well-deserved and hard-fought success!
