Press Release: Indigenous Ogiek in Kenya celebrate reparations judgment

23 June, Arusha, Tanzania

In a judgment* handed down today, the African Court of Human and Peoples’ Rights in Arusha, Tanzania, delivered a reparations judgment in the final act of a long running case. The Court unanimously rejected the Government of Kenya’s objections and ordered Kenya to title Ogiek ancestral lands in Mau Forest.

The Ogiek community has been eagerly waiting for this day since the Court ruled in 2017 that the Kenyan government had violated their rights as guaranteed by the African Charter of Human and Peoples’ Rights.

In today’s judgment, the African Court:

1. unanimously dismissed all state objections;
2. grants collective title to Ogiek through delimitation & demarcation;
3. requests full recognition of the Ogiek, including their language, cultural and religious practices, within one year of ruling;
4. recognises, respects and protects the rights of the Ogiek to be effectively consulted in accordance with their traditions and customs in respect of all development, conservation or development projects on Ogiek ancestral land;
5. requests full publication of both May 2017 judgment and reparations judgment in official gazette and a newspaper with wide national circulation, as well as on an official government website, within six months of the date of this judgment;
6. Awarded 57m KES material damages and 100m KES moral damages to the Ogiek from the Government of Kenya, to be paid into a Community Development Fund established within 12 months of the date of the judgment.

The community welcomed the African Court's judgment.

 

“This is a sigh of relief after waiting 4 or 5 years after main judgement of 26 May 2017.”

- Daniel Kobei, Executive Director of the Ogiek Peoples’ Development Program (OPDP**).

“For us now we feel like we have got what we wanted – the community is inspired,” said Kobei. 

“The main thing now is to talk with the Government of Kenya to ensure that whatever the reparations judgement has said can be complied with, and implemented,” he said.

“We don’t wish to continue being in and out of court any longer – the Ogiek Community has a role to play in development – both economic and social – in the community, and not only to be seen in the corridors of justice.” 

Previously, the Court had ruled that the Kenyan government had violated seven different articles under the African Charter — including the rights to property, freedom from discrimination, culture, freely dispose of wealth and natural resources and development.

“The reparations judgment has cemented the 26 May 2017 landmark judgment by upholding the rights of the Ogiek community with absolute surety over their ancestral land in Mau Complex,” said Kobei.

* Full text of the judgement is available here.

** OPDP is an indigenous-led organization working to secure the rights of the Ogiek and other marginalized indigenous communities in Kenya.

Contact

• For more information, please contact Tom Dixon: Email: [email protected]
• Phone: +44 1608 690760

Further Information

• Ogiek win another landmark victory in African Court (Minority Rights Group International)
• Judgment Summary (Minority Rights Group International)
• Full details of case: Application 006/2012 (The African Commission on Human and Peoples’ Rights vs Republic of Kenya)

Annexe: Timeline of the reparations process

What did the May 2017 Judgment rule?

• The Ogiek are an indigenous community of Kenya.
• The Ogiek are the ancestral owners of the Mau Forest, since time immemorial.
• The Ogiek accordingly have a right of occupation and use of the Mau.
• The need to conserve the Mau Forest does not justify the Ogiek’s eviction.
• There was no evidence that the Ogiek have been responsible for the destruction of the Mau Forest.
• The Ogiek must be part of any decisions made regarding their future.

How does the reparations process relate to the May 2017 Judgment?

• The May 2017 Judgment remains valid & legally binding on the Kenyan Government. The reparations proceedings before the African Court do not change the Judgment in any way.
• The Judgment is not being appealed and cannot be appealed. It cannot be amended. It must be implemented and respected in the form in which it was issued in May 2017.
• The reparations hearing & eventual reparations judgment concern simply the implementation of the May 2017 Judgment. The reparations process seeks a ruling from the Court to explain, in detail, what steps the Government of Kenya must take to place the Ogiek back in the position had none of the various human rights violations taken place.