A vote for land?
August 6th, 2010 by LindsayLast night millions of Kenyans were celebrating a momentous occasion – the country has just voted in a new constitution, the first since colonial times.
Observers had feared the national referendum might deliver a repeat of the terrible violence which marred the 2007 Presidential election, but this week’s vote passed off peacefully.

An Ogiek man prepares his bow and arrows. © Yoshi Shimizu
One of the most contentious issues in the draft constitution is land reform – a topic which could have significant implications for the Ogiek, a hunter gatherer people living in Kenya’s Mau Forest.
Once an expansive, dense forest and a water source for the entire country, the Mau Forest has been steadily destroyed by illegal settlers, farmers and loggers invading the land. In a bid to save the forest before it’s gone forever, the government has recently been reclaiming land and evicting illegal settlers.
Many of the Ogiek, who have lived in the Mau for generations, are uncertain about the forest restoration programme. It could be the only way to stop the Mau disappearing altogether, and could force the illegal settlers who’ve taken over Ogiek land to leave.
But if Ogiek rights to the Mau Forest land are not properly recognized and respected, in the end it could be they – who have done the least to destroy the forest – who suffer the most during its restoration. The Mau is the only home they have.
Under the new constitution, a ‘Land Commission’ will be established to settle land disputes that have caused such bloodshed in Kenya in the past. The Commission will have powers to seize illegally acquired land.
As with the Mau Restoration project, this could be a positive step for the Ogiek. It all depends on how rules on paper are translated into practice and whether the Ogiek territories, defined and agreed before Kenya even existed as a country, are respected.
The new constitution could have significant implications for the land rights of some of the most marginalized indigenous peoples in Kenya, including the Mau Forest’s Ogiek people.
















An Ayoreo-Totobiegosode communal house discovered when a road was bulldozed through their land. © Survival