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Another
false start for Ogiek case
by John Kamau,
Rights Features Service
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(February 21, 2002)
The Ogiek indigenous community today expressed frustration after
their court case was once again rescheduled to April 23.
Since last March, the
Ogiek have been attempting through legal means to stop the President
Daniel arap Moi government from degazetting parts of their east
Mau forest and allocating them to outsiders. This most recent
delay results from the government's failure to file a replying
affidavit.
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.
Legal frustrations
"This is yet another
false start, but we will have to wait for them to file the defense,"
the Ogiek attorney, Kathurima M'Inoti, said in Nairobi today.
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 defense. Ex parte, literally meaning "for one
party only," refers to situations in which only one party
(and not the adversary) appears before a judge. The
High Court was told that the state counsel, Muthoni Kimani, who
was supposed to represent the government was "out of the
country."
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 in Eldoret, where the court gave
the government permission to degazette the forests.
Meanwhile, the Ogiek
lawyer will on Monday serve the new minister for environment,
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.
Since the case was
filed last year, three politicians have held posts as Environmental
Minister. An ongoing reshuffle saw the exit of Joseph Nyenze and
then Noah Katana Ngala.
Ogiek still resolved
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.
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