By The Arusha News Reporter
Nearly eight years after the Arusha-based African Court on Human and Peoples’ Rights (AfCHPR) ruled in favour of the Ogiek indigenous community over ancestral land rights in Kenya’s Mau Forest, the country remains in violation of the court’s binding judgments.
Last week, the Arusha-based court held a public compliance hearing to assess Kenya’s failure to implement its 2017 ruling affirming the Ogiek’s rights to land, culture and natural resources, as well as a 2022 decision on reparations.
The case, Application No. 006/2012 – African Commission on Human and Peoples’ Rights v Republic of Kenya, returned to the court for a review of Kenya’s compliance with its legal obligations.
According to a press release from the court availed to The Arusha News, the session heard oral submissions from both parties. Written statements and affidavits had been filed in advance outlining each side’s position on implementation.
Kenya admitted it faces significant obstacles in fulfilling the court’s orders, specifically the concern over land demarcation and restitution. The government requested more time to implement the ruling.
However, the Applicant sharply criticised the delays, citing lack of political will and continued displacement of the Ogiek people as a prolonged denial of justice.
The court has adjourned the matter for further deliberation and is expected to issue its decision at a later date.
Established by the African Union (AU), the African Court is a continental judicial body tasked with safeguarding human and peoples’ rights across Africa.
