NAIROBI, Kenya — Human rights organizations are calling on the Kenyan government to act decisively on a ruling by the African Court on Human and Peoples’ Rights, which found the eviction of the Indigenous Ogiek community from the Mau Forest unlawful and discriminatory.
During a recent compliance hearing in Arusha, the African Court heard submissions questioning Kenya’s delay in fully implementing its 2017 judgment affirming the Ogiek people’s land rights and a 2022 reparations decision.
The government acknowledged limited progress but cited financial, legislative, and political hurdles as reasons for its slow pace.
The Kenya National Commission on Human Rights (KNCHR), which participated in the hearing, noted that despite two binding rulings by the African Court, “no meaningful compliance” has occurred.
The commission, represented by Acting Head of Redress and Legal Services Lynnette Mwachiro and Head of Public Affairs Daniel Mule, urged the Court to demand a time-bound implementation roadmap.
The case — African Commission on Human and Peoples’ Rights v Republic of Kenya (Application No. 006/2012) — is being closely watched by rights advocates across the continent, with many viewing it as a test of Kenya’s commitment to Indigenous rights and its obligations under the African Charter.
@HakiKNCHR was represented by the Ag. Head of Redress & Legal Services, Ms. Lynnette Mwachiro (2nd row in specs) and the Head of Public Affairs & Communication, Mr. Daniel Mule in fulfilling its mandate under Article 59(2)(g) of the Constitution during the African Court.. 1/5
An amicus curiae (friend of the court) submission also pushed for a clear checklist to fast-track compliance, arguing that bureaucratic delays have only deepened the Ogiek community’s suffering.
The African Court is expected to issue its ruling on the matter in the coming months — a decision that could set the tone for the future of Indigenous land rights enforcement in Africa.
The Ogiek, a forest-dwelling community, were forcefully evicted from the Mau Forest over several decades in the name of conservation.
However, the African Court ruled that Kenya violated the community’s right to property, religion, culture, and development by failing to protect their ancestral lands.
KNCHR reaffirmed its commitment to monitoring the government’s actions and advocating for justice, stating that it would continue to press for Kenya’s full compliance with international human rights rulings.
