The Environment and Lands Court in Bungoma has dismissed an application by the indigenous Ogiek community to live in the Mt Elgon forest.
The Ogiek community in Mt Elgon Forest sued the government for evicting them from their ancestral land and declaring it a National Game Reserve.
The community, represented by lawyer Lepad Sianga, claimed that the government erred in evicting them from the land where they had lived since 1932, when colonialists drove them out of their farms in Trans-Nzoia.
Mr. Lepaa stated that they will discuss the possibility of filing an appeal.
A three-judge bench led by justice Boaz Olao delivered the ruling, saying the community should vacate the forest without compensation because they had already been resettled at the Chepyuk settlement scheme.
He claimed that the Ogieks’ forest activities had significantly contributed to deforestation and the endangerment of the Mt Elgon water catchment tower.
Judge Olao also stated that the wild animals that once drew tourists had become extinct, while others had migrated to the Ugandan side as a result of the Ogieks’ activities in the forest.
He also stated that community members who wanted the State to compensate them for property losses incurred during the 2018 eviction had not provided sufficient evidence of the same.
“They had not reported any loss of property or life to relevant authorities, and the Court assumed that the evictions were carried out in accordance with United Nations eviction standards,” he explained.
Prof Nixon Sifuna, who represented KWS, told journalists after the ruling that the verdict was a big win for Mt Elgon forest conservation, which was on the verge of destruction.
He emphasized that the Ogieks can continue to engage in beekeeping and other agricultural activities outside of the forest.
“The Ogieks have not lost in any way because they can always benefit from the forest without having to live in the forest,” he explained.
According to Prof Sifuna, the community cannot claim ownership of the land because most African communities originated in forests where their ancestors lived.
He reiterates that they can enjoy the forest benefits without having their families in the forest because the court has made it clear that occupying a State forest is illegal.
Prof Sifuna also stated that one can only enjoy forest benefits such as collecting firewood, herbal medicine, fruits, and other items by visiting the forest between the hours of 6 a.m. and 6 p.m.
The Ogieks of Mt Elgon number around 18,000 people, with 3,000 still living on their ancestral land in Chepkitale.
