African Court orders Kenya to report on compliance with Ogiek Land Rights Judgment

The African Court on Human and Peoples’ Rights has issued a three-month ultimatum to the Republic of Kenya to submit a detailed report on the measures it has implemented to comply with its judgment in Application No. 006/2012: African Commission on Human and Peoples’ Rights v Kenya.

In its landmark judgment delivered on May 26, 2017, the African Court found Kenya in violation of several provisions of the African Charter on Human and Peoples’ Rights. The court ordered Kenya to guarantee the Ogiek community's access to their ancestral lands and to undertake legislative and policy reforms to protect Indigenous peoples' land rights.

Compliance Hearing in Arusha
During a compliance hearing held on Tuesday, November 12, 2024, at the Court's headquarters in Arusha, Tanzania, Kenya sought an adjournment to file its report on actions taken to comply with the court’s directives.

The applicant, represented by the African Commission on Human and Peoples’ Rights (ACHPR), opposed the adjournment request. The commission argued that despite the court’s ruling, the Ogiek community continues to face evictions from the Mau Forest. It also requested that costs be awarded for its attendance if the adjournment was granted.

The African Court reserved its decision regarding the alleged ongoing evictions and the request for costs, stating that these matters would be addressed at a later date.

Monitoring Compliance
The compliance hearing marked the first such session under **Rule 81** of the court's 2020 Rules, which facilitate monitoring of states’ adherence to its decisions. The session was live-streamed and attended by members of the public, human rights observers, media representatives, and a significant delegation from the Ogiek community.

Ongoing Sessions and Mandate
The hearing took place during the African Court’s **75th Ordinary Session**, which commenced on November 11, 2024, and will conclude on December 6, 2024. The session will also examine several applications and address administrative matters.

The African Court, established under Article One of the **Protocol to the African Charter on Human and Peoples’ Rights**, is tasked with ensuring the protection of human rights across the continent. It complements the African Commission on Human and Peoples’ Rights, commonly referred to as the Banjul Commission, which monitors the implementation of the Charter.

Background
The Protocol establishing the African Court was adopted on June 9, 1998, in Burkina Faso and entered into force on January 25, 2004, after ratification by over 15 countries. The court convenes four ordinary sessions annually and may hold extraordinary sessions when necessary.

Call for Action
The court’s ultimatum underscores the importance of state compliance in safeguarding Indigenous rights. Kenya’s adherence to the judgment will be critical in advancing the cause of justice and addressing historical grievances of the Ogiek community.