Mau Forest Complex

Last Updated
2023-12-14
Name of the Protected Area / Park / Reserve
Mau Forest Complex
Country
Kenya
Status of the Protected Area
In Operation
UNESCO Classification Information

If UNESCO classified with yes above, mention if its World Heritage site or Biosphere reserve in this area.

the Queen's Commonwealth Canopy (QCC). And UNESCO World Heritage Site.  

https://www.standardmedia.co.ke/health/health-science/article/2001455977/why-mau-forest-was-part-of-queens-canopy. 

Carbon Offsetting Project
Yes
Carbon Offsetting Project Information
Name(s) of the Impacted Indigenous People(s) / Community / Villages
Ogiek
Name(s) of the Support Groups/NGOs and Contact Details

Ogiek People Development Project -Mr. John Samorai jsamorai@ogiekpeoples.org and Daniel Kobei -executive Director OPDP

Administrative Authority of the Protect Area / Park / Reserve and Contact Details

Kenya Forest Service and Kenya Wildlife Service 

National Conservation / Environment Agency or Ministry in Charge of the Protect Area / Park / Reserve

Ministry of Environment, Forestry and Climate Change. 

Major Public and Private Donors
UN REDD+
Dutch Embassy in Kenya
Involved International Conservation NGOs, Foundations and Institutions
The World Wildlife Fund-WWF
The United Nations Environment Program-UNEP
Donor's Information

UN REDD+, Unilever, Kengen, finlays, The Water Resources Management Authority, Lel Timber, Kenya Tea Development Agency, Safaricom Foundation, Dutch Embassy in Kenya, GIZ, WWF, USAID. 

For instance: The WWF Kenya has been working with forest communities in the Mau Forest Complex to develop and operationalise participatory forest management. In 2022, the GEF funded the project Eldoret-Iten Water Fund for Tropical Water Tower Conservation to establish a Water Fund in two catchments that are in the Mau Forest Complex and the Cherangani Hills. Between 2017 and 2021, USAID Kenya and East Africa funded a four-year technical assistance programme implemented by the U.S. Forest Service in cooperation with key partners on behalf of Kenya’s Ministry of Environment, Natural Resources, and Regional Development Authorities to support improved natural resource management in five major Water Towers - Mau Forest Complex, Mt. Kenya, Aberdares, Cherangani Hills, and Mt. Elgon.

Historical Background

The Mau Forest Complex (MFC) is one of the watershed areas in Kenya. MFC is commonly referred to as Mau Water Tower. The forest complex is managed by the Kenya Forest Service (KFS), except for the Maasai Mau Forest block, which is a trust land forest under the management of Narok County. MFC covers approximately 416 542 Ha with 22 forest blocks, 21 gazetted. The government of Kenya gazetted the Mau Forest, rendering it a protected area. Despite this gazettement, the Ogiek people consider Mau their ancestral home and have since settled inside the forest as a forest dwelling community since time immemorial. The gazettement of Mau without the free, prior, and informed consent of the Ogiek people reflects the colonial legacy, which rendered the entire landmass in Kenya a crown land held by the British monarch. The Ogieks are a hunter-gatherer people, numbering approximately 40,000.

In 2009, the KFS ordered the eviction of the Ogiek people after issuing 30 days’ notice. The Ogiek filed a suit at the High Court of Kenya in Nakuru seeking an injunction; however, the joint security team went ahead to evict the Ogiek people forcefully. Minority Rights Group (MRG) petitioned the African Commission on Human and Peoples Rights (African Commission) on behalf of the Ogiek people. The Commission in 2012 referred the case to the African Court on Human and Peoples Rights (ACtHPR), which ruled in favour of the Ogiek people and found the government of Kenya in violation of Ogiek indigenous peoples’ rights to property in the inform of their ancestral land, right to dispose of their wealth and natural resources, right to religion, culture, and failure to recognize the Ogeiks as indigenous people requiring special protection from the state. In June 2022, the African court ruled on reparation and ordered Kenya to compensate the Ogiek monetary and non-pecuniary damages.      

Short description of the alleged violations

The Ogieks have been uncertain about the enjoyment and fulfillment of their rights and freedoms. They have been rendered squatters, and their rights to self-determination and development are violated. They are always on the verge of imminent eviction or moving from one forum to another, including international and regional human rights mechanisms seeking to assert their rights to access and reclaim Mau Forest. Through the Ministry of Environment and Forestry and Conservation NGOs, the government of Kenya has encouraged the Ogiek to accept and join Participatory Forest Management Plans (PFMP). Although the Ogiek are not opposed to such initiatives, they have not lost focus of their entitlement to regain the Mau Forest as their rightful possession.  When the Mau Forest was gazetted as a National Forest in 1974, the Ogiek were evicted from their traditional habitat without prior consultation or compensation.  They were prevented from hunting or collecting bee honey for survival in the forest and were reduced to a miserable subsistence on the margins of this area rich in plants and wildlife.  Illegal logging, the introduction of exotic plantations and the excision of parts of the forest for private development by outside settlers have endangered the Mau Forest as a water catchment area. Since then, Ogiek were repeatedly and violently evicted from their lands, their houses burnt. In 2017, the Ogiek won a landmark court case against Kenya at the African Court on Human and Peoples’ Rights   which should have enabled them to remain on their original lands.  However to date, the Kenyan government refused to act.  In addition, in July 2020, 600 Ogiek were evicted from their lands in breach of the 2017 judgment in the middle of the Covid-19 pandemic. Ogiek houses, structures, and fences were demolished or burned to the ground and some members of the community were injured.

Categories of Human Rights Violations
Civil Rights
Adequate Housing
Rights to Land
Right to self-determination
Cultural Rights
Right to Consultation and Free and Prior Informed Consent
National Court Decisions
  1. Joseph Letuya & 21 others v Attorney General & 5 others [2014] eKLR http://kenyalaw.org/caselaw/cases/view/95729/. 

Wilson Ngusilo on behalf of the Ogiek v. Kenya Forest Service ELC Petition No. 1 of 2023.(ongoing) 

 

Latest Developments

The Government of Kenya formed a multi-agency task force to study the African court decision and recommend mechanisms for implementing the African Court judgment to the president. The Ombudsman, Kenya National Commission on Human Rights, the National Land Commission, and the National Cohesion and Integration Commission conducted a fact-finding mission in September 2023 to push the government to honor its obligation under the African Charter and implement the African Court judgment. 

The area around Kiptunga forest block, which the Ogiek continue to claim, is conserved. The other blocks have been invaded, and others are excised by the state issuing concessions to timber companies to harvest timber. This proves indigenous peoples have unutilized traditional knowledge and are keen to conserve critical biodiversity. The government is in the process of constructing a huge reservoir dam that is going to divert rivers. The Itare dam that has excised about 280 Ha of the Mau Forest will have a devastating effect on changing water courses. This is another case of the state prioritizing development over indigenous rights and climate action. The Protected Area is also invaded by other communities that are non-Ogiek. The influx of small-scale farmers has led to forest degradation through deforestation to create farmlands. Some of the invaders bear title documents obtained unscrupulously and through Political patronage. Massive evictions often take place targeting forest invaders and the Ogieks are not spared. The KFS officials are also accused of forest resource extraction through corruption.