Taskforce on Ogiek resettlement illegal, court rules

The taskforce created to implement the ruling of African Court on Human People’s Rights (ACHPR) regarding the resettlement of over 35,000 Ogiek communities is illegal, null and void.

Environment and Lands Court Judge John Mutungi ruled that the taskforce, formed by the government in November 2017, did not include Ogiek members, which was unfair and unjust.

Justice Mutungi, in his verdict delivered on Monday, said the Ogiek community have a right of access to information on their resettlement in the Mau complex.

“The rights of the Ogiek community were violated as ruled by the African Court in Arusha on May 26, 2017,” Mutungi said.

He noted that the African court set a timeline of 12 months for the resettlement and compensation, but evidence in court shows the same has not been done.

“When the multi-agency taskforce was set up, it denied the Ogiek access to information on the resettlement plan by illegally excluding the community in its decision,” observed Mutungi.

The judge ruled that the establishment of the taskforce without a gazette notice or involvement of the community was a nullity, illegal and unlawful.

The same taskforce, the court noted, not only secluded the Ogiek community in the membership but also failed to consult the community on its implementation process.

He directed the community to now focus on the enforcement of the 2017 judgement, noting that the court in Kenya had no jurisdiction to enforce the orders and cannot interfere with its ruling.

The taskforce comprised officials from the Office of the President, ministries of Environment, Land and Sports, National Treasury, the Attorney General, Kenya National Human Rights Commission, National Lands Commission and Kenya Forest Service.