Ogiek community demands enforcement of historic land rights ruling

Members of the indigenous Ogiek community have reiterated their calls for the Government of Kenya to fully comply with a historic ruling by the African Court on Human and Peoples’ Rights in 2017, which affirmed their ancestral land rights in the Mau Forest.

Speaking on the sidelines of the ongoing implementation hearing in Arusha, community representatives reiterated that the delay in enforcing the court’s judgment continues to deny them justice, dignity, and rightful access to their land.

“The Government of Kenya to demonstrate goodwill and political commitment by submitting concrete updates and timelines for full compliance,” they stated.

In its judgment on the merits, delivered on 26 May 2017, the Court found that the Republic of Kenya had violated several provisions of the African Charter on Human and Peoples’ Rights. It ordered Kenya, among other measures, to ensure the Ogiek’s access to their ancestral lands and to implement legislative and policy reforms to protect the land rights of indigenous peoples.

The Court also directed the Kenyan government to take corrective actions, including restitution, compensation, and legal recognition of their territorial claims.

However, years after the judgment, the Ogiek community claims that implementation has been slow, inconsistent, and lacking political will, putting their livelihoods and culture at risk.

The community is now calling on the international community to continue supporting their pursuit of justice through solidarity, funding, and technical engagement.

They urged all individuals and organizations to stand in support and remain vigilant in demanding accountability and respect for indigenous rights.

The case was brought before the Court by the African Commission on Human and Peoples’ Rights (ACHPR) in 2012.

The current hearing, which began yesterday, is part of a formal process by the African Court to establish the extent of compliance with its orders. Members of the community, legal representatives, and the Kenyan government are expected to make submissions during the hearing.