•The legal battle that was provoked by the issuance of an eviction notice against the indigenous community in 2009 culminated in a resounding restatement of the rights of the Ogiek to their ancestral land.
•After the Judgment on merits was delivered, the Government of the Republic of Kenya appointed a Multi-Agency Taskforce to advise on the implementation of the Court’s decision.
The Kenya National Commission on Human Rights has welcomed the landmark and precedent-setting judgment of the African Court on Human and Peoples Rights in the case of the Ogiek of Mau.
The legal battle that was provoked by the issuance of an eviction notice against the indigenous community in 2009 culminated in a resounding restatement of the rights of the Ogiek to their ancestral land.
The Ogiek have waited painstakingly for the last 13 years.
“This progressive judgment of the continental human rights Court is not only the first one by the Court on the rights of indigenous people but also an inspiration and a beacon of hope to the Ogiek community and other indigenous people in Kenya and Africa at large,” KNCHR Chairperson Roseline Odede said on Thursday.
In its Judgment on merits delivered on May 26, 2017, the regional human rights Court confirmed violation of the rights to; the freedom of conscience and religion, the right to culture, ancestral land rights, and the right of the Ogiek to dispose of freely their wealth and natural resources and the right to development among others; as provided for and guaranteed under the African Charter on Human and People’s Rights.
After the Judgment on merits was delivered, the Government of the Republic of Kenya appointed a Multi-Agency Taskforce to advise on the implementation of the Court’s decision.
After a series of public hearings and receipt of memoranda from different communities and State as well as non-State agencies - the Taskforce compiled its final report that was submitted to the Ministry of Environment and Forestry in early 2020.
The report of the Taskforce has never been made public to date.
Five years after the Judgment on Merits, the regional Human Rights Court delivered its judgment on reparations on June 23, 2022.
The Court observed that the violations it had identified and confirmed in its 2017 judgment remained unaddressed.
The Court ordered among others the following: that the Kenyan Government pays compensation to the Ogiek community an amount of Sh 57,850,000 in material damages and Sh 100,000,000 in moral damages.
The court also ordered that the government take all necessary measures, in consultation with the Ogiek community and its representatives, to identify, delimit and grant collective land title to the community and, by law, assure them of unhindered use and enjoyment of their land.
The court also ordered the government to recognize, respect, protect and consult the Ogiek in accordance with their traditions and customs, on all matters concerning development, conservation or investment in their lands.
Further, the court ordered the establishment of a Community Development Fund within 12 months, in which all funds ordered as compensation - in this case - will be deposited and that the government adopts legislative and administrative and/or any other measures to give full effect to the terms of the judgment as a means of guaranteeing the non-repetition of the violations identified.
The Court directed that it shall conduct a hearing on the status of implementation of the orders made in its judgment on a date to be appointed by the Court within 12 months of the Judgment.
Odede said it is worth noting that the Kenyan Constitution, as the supreme law, recognizes the existence of indigenous communities in Kenya, secures the rights to culture and religion, and ancestral land ownership and guarantees the right of everyone to equal protection of the Law.
“The Kenya National Commission on Human Rights expresses optimism that implementation of the judgment of the African Court will significantly and sustainably address the plight of indigenous people in the country,” she said.
She called upon the state in line with its obligations under the African Charter on Human and Peoples Rights, to give effect to the judgment.
“It should be remembered that the African Commission on Human and Peoples Rights gave its decision on the Endorois case, another Indigenous Community in Kenya, in 2010.”
Odede said the Government of the Republic of Kenya welcomed that decision and joined the community in celebrating the decision.
She said the decision has not been fully implemented more than 10 years after that celebration.
“In line with the national values and principles of governance under Article 10 of the Constitution, the Commission further calls for genuine and meaningful consultation and cooperation in good faith with the Ogiek community with a view to ensure effective and sustainable implementation of the judgment and restoration of their rights as an indigenous community.”