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KNCHR Urges Gov’t to Implement Court Rulings on Minority and Indigenous Communities

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NAIROBI, Kenya – The Kenya National Commission on Human Rights (KNCHR) has urged the government to fully implement court rulings and international obligations aimed at protecting minority, marginalized and indigenous communities, warning that progress remains slow despite existing legal frameworks.

In a statement issued on Thursday to mark International Minority Rights Day, the commission acknowledged strides made through the Constitution, the National Policy on Ethnic Minorities and Marginalized Communities (2025–2035), and the proposed Ethnic Minorities and Marginalized Communities Bill, 2025.

KNCHR also cited the creation of a dedicated department in the Office of the President to handle minority issues as a sign of growing political commitment to inclusivity.

However, the commission said major gaps persist in translating policy and legal commitments into action, particularly in implementing decisions issued by national and regional human rights bodies.

Kenya was reviewed by the UN Committee on the Elimination of Racial Discrimination in December 2024, which found that the country had failed to act on recommendations made during previous reviews.

“The implementation deficit remains a serious concern,” KNCHR said, calling on the State to demonstrate respect for the rule of law by complying with binding judgments and recommendations.

Top of the commission’s demands is the full enforcement of rulings by the African Court on Human and Peoples’ Rights, including the landmark Ogiek of Mau decision and the recent compliance order issued against Kenya.

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KNCHR also wants the government to implement the African Commission’s Endorois decision and act on recommendations made by the National Land Commission concerning the Kipsigis and Talai communities.

Beyond court rulings, the commission urged the government to enact legislation on free, prior and informed consent in line with international standards and to establish meaningful consultation mechanisms for indigenous communities.

KNCHR further warned against forced displacement of indigenous peoples from their ancestral lands without consent, especially in the context of conservation projects and climate change interventions, insisting that affected communities must be consulted and compensated.

The commission also called for comprehensive land titling and registration systems to secure both individual and communal land rights, resolve conflicts between formal and customary tenure systems, and address historical land injustices.

“As the country marks International Minority Rights Day, the focus must shift from promises to implementation,” KNCHR said

International Minority Rights Day, marked annually on December 18, was established by the United Nations to promote the protection of national, ethnic, religious and linguistic minorities and to highlight their contributions to society.

Anthony Kinyua
Anthony Kinyua
Anthony Kinyua brings a unique blend of analytical and creative skills to his role as a storyteller. He is known for his attention to detail, mastery of storytelling techniques, and dedication to high-quality content.

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