Arusha, 4 December 2025: The African Court on Human and Peoples’ Rights (AfCHPR) has found that the Republic of Kenya has failed to comply with its decisions in the matter of African Commission on Human and Peoples’ Rights v. Republic of Kenya (Application No. 006/2012).
The Court delivered its decision on Thursday 4 December 2025, at its seat in Arusha-Tanzania, after determining that the Respondent State (Kenya) has not fulfilled several of its earlier orders relating to the protection of the Ogiek community, an indigenous community found in the Mau Forest, Kenya.
The Court made its findings following the holding of a compliance hearing on 4 June 2025, during which it reviewed various reports filed by both Parties. Primarily, the Court reviewed Kenya’s compliance with the terms of its Judgment on the merits delivered in 2017 and the Judgment on Reparations delivered in 2022.
In its decision, the Court found that Kenya had not made any of the compensation payments ordered in favour of the Ogiek community, namely KES 57,850,000 (USD 445,000) for economic loss and KES 100,000,000 (USD 770,000) for the community’s suffering, and directed Kenya to immediately pay the full amounts.
The Court also noted that Kenya had not completed the required identification, delimitation, demarcation and collective titling of Ogiek ancestral lands. While it acknowledged the creation of taskforces to facilitate the identification, delimitation, demarcation and possible titling of Ogiek ancestral lands, the Court found that the steps taken were not sufficient and lacked a clear, time-bound plan for full implementation. It therefore ordered Kenya to urgently undertake all necessary measures to finalise the process.
The Court also determined that Kenya had not begun the consultations required to resolve concessions and leases affecting Ogiek ancestral lands, and stressed that such discussions with both the Ogiek and relevant third parties must commence without delay.
On recognition of the Ogiek, the Court noted that simply acknowledging the Ogiek as an indigenous people is not enough unless practical steps are taken to ensure they can fully exercise and enjoy their rights. The Court found that Kenya’s consultations with the Ogiek were inadequate and fell below the required threshold for genuine, meaningful and continuous engagement.
The Court also found that the Community Development Fund that it had ordered had not been set up and that its Judgments in this matter had still not been published as earlier ordered. Kenya was thus ordered to take immediate steps and act without delay on all these outstanding issues.
The Court declined to issue new provisional measures despite the allegations of ongoing violations, noting that its existing orders, if implemented, could sufficiently address the alleged continuing violations.
The Court also ruled that each party will bear its own costs.
Summary of the decision can be accessed on these links English French Swahili while full details of the case can be accessed via the following link: https://www.african-court.org/cpmt/details-case/0062012
NOTES FOR EDITORS:
- The African Court on Human and People’s Rights is a continental Court established by Member States of the African Union to ensure the protection of human and peoples’ rights in Africa.
- The Court is composed of eleven Judges, nationals of Member States of the African Union elected in their individual capacity.
- The Court meets four times a year in Ordinary Sessions and may hold Extra-Ordinary Sessions.
- The Court’s mandate includes hearing cases and disputes concerning the interpretation and application of the African Charter on Human and Peoples’ Rights, as well as any other human rights instrument ratified by the concerned States.
Further information on the Court can be obtained from www.african-court.org Telephone: +255 272 510 510
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