The African court on Thursday ruled in favour of the Ogieks, a minority community in Kenya, after a 13-year legal struggle.
Among other things, the court ruled that the Kenyan government must pay Sh57.8 million in material damages and Sh100 million compensation to the community in moral damages.
The government must also take all necessary measures, in consultation with the Ogieks and their representatives, to identify, delimit and grant collective land title to the community and assure them of unhindered use and enjoyment of their land by law.
The court also ordered the government to recognise, respect, protect and consult the community in accordance with their traditions and customs.
The court order concerns matters of development, conservation or investment on their lands and establishment of a community development fund within a year. This is where all funds ordered as compensation in the case will be deposited.
The bench also unanimously dismissed all the arguments offered by the Kenyan government, suggesting it was implementing the earlier judgment rendered in May 2017.
In a statement to the press on Monday, the lobby said the judgment is a beacon of hope for the community, indigenous peoples across Africa and “all those who are serious about mitigating climate change".
“The court had already delivered its positive judgment favouring the community in May 2017, finding seven human rights violations perpetrated against them," MRG said in the statement.
"That heralded judgment, a first of its kind for the continent, should have yielded significant change. But rather than implementing it, the Kenyan government took a series of actions that put the community into further jeopardy.”
The lobby was citing the eviction of the Ogieks from the Mau Forest by the government, ostensibly to conserve it.
The group further said the new judgment “strikes significant new ground”, and should be heralded worldwide for what it signifies to a community that has been historically marginalised.
Ogeik Peoples’ Development Programme executive director Daniel Kobei termed the ruling a relief for the Ogiek community, whom he said have been waiting for five years since the main judgment of May 26, 2017.
“For us, now, we feel like we have gotten what we want. It may not be 100 per cent, but the community are inspired thanks to the patience they have had all this time,” Kobei said.
“The main thing now is to talk to the Kenyan government to ensure that whatever the reparations judgment has ordered is complied with and implemented because we don’t wish to continue being in and out of court," the director said.
"The Ogiek community has a role to do in development – both economic and social – not only to be seen in the corridors of justice.”
They, however, foresee challenges in realising the judgment in terms of how a transition can be made from private ownership (some illegal), and other forms of land holdings, that would need to transition to collective Ogiek ownership.
“The idea of leasing territory by the community to others is mooted in the judgment and may be a meaningful step forward...In this matter it is the value of the law and the reputation of the African Court itself that is at stake,” the lobby said.
Agnes Kabajuni, Africa regional manager at Minority Rights Group, said the win was a moment to celebrate with the Ogiek, whom she said have won hard miles through resilience, integrity and vision.
“But as the celebrations die down, it is crucial that international support is galvanised to assist and ensure that the Kenyan government implements this judgment to the letter. This would equip the best custodians of nature to protect our most valuable asset,” Kabajuni said.
The community has been pushing for the implementation of the May ruling, the latest push being during the marking of the Ogiek Day celebrations on May 26.
In the protracted battle, the community, through the Ogiek Peoples' Development Programme and Centre for Minority Rights Development, accused the government of violations of the right to life.
It also accused the government of violations of property, natural resources, development, religion, culture and non-discrimination under the African Charter on Human and Peoples’ Rights.
(Edited by V. Graham)
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