Today, the African Court on Human and Peoples’ Rights is conducting a public hearing in the case of the African Commission on Human and Peoples’ vs the Republic of Kenya, in Arusha, Tanzania. (The Ogiek indigenous people’s case). The hearing is on the compliance of the Judgment on reparations delivered on 23rd June 2022 by the ACHPR.
This hearing follows a judgement on a petition filed by the Ogiek Community in 2012 before the African Court and after the Kenya Forest Service issued an eviction notice to the Ogiek community to vacate from the Mau Forest.
The Ogiek Community benefited from the judgement that required the Government of Kenya to pay them KES 57,850,000 for material prejudice and KES 100,000, 000 for moral prejudice.
In today’s session, The Ogiek Community revealed to the court that the Government of Kenya had failed to comply to the Court’s decision. On the other part, the Government of Kenya argued that measures had been put in place to comply with the decision of the court to include establishments of a task force and committee to implement the said decision. They further argued that there were some challenges in the implementation citing legal, political and institutional challenges.
Despite the Ogiek Indigenous Community being recognized as an indigenous group who derive their way of life from inhabiting forests, they have continued to be subjected to serious human rights violations including sporadic evictions, access to education, healthcare, attacks on vocal community members and culture.
The Defenders Coalition urges the Government of Kenya to fully comply with the decision of the court to ensure that the Ogiek community are settled and continue with their way of life.