Arusha, 04 June 2025: The African Court on Human and Peoples’ Rights (the Court/AfCHPR) has concluded a public hearing in the matter of African Commission on Human and Peoples’ Rights v Republic of Kenya, (Application No. 006/2012), a matter relating to the enforcement of its earlier judgments concerning the rights of the Ogiek indigenous people of the Mau Forest in Kenya.
The hearing, held on 4 June 2025, was convened to assess the state of compliance with the Court’s 2017 judgment on the merits and its subsequent judgment on reparations of 23 June 2022. In its judgment on the merits, the Court had found the Republic of Kenya to be in violation of several rights of the Ogieks, including rights to land, property, natural resources, culture and development.
During the public hearing, the Court heard oral submissions from both the African Commission on Human and Peoples’ Rights (the Applicant) and the Republic of Kenya (the Respondent). Both parties had earlier filed written submissions and affidavits presenting their respective assessments of the current status of compliance with the Court’s decisions.
The Respondent State acknowledged challenges in fulfilling all aspects of the Court’s orders, particularly those related to land demarcation and restitution, and requested more time to progressively implement the judgment.
The Applicant expressed concern over the slow pace of implementation and argued that the ongoing displacement and marginalisation of the Ogiek people amounted to continued denial of justice. It urged the Court to take decisive steps to ensure its judgment is enforce to ensure the Ogiek community receives full and meaningful reparations.
The Court also heard from an amicus curiae, who offered independent views on the question of State compliance with Court decisions, and the wider importance of the case for indigenous peoples’ rights.
Having heard all parties, the Court adjourned the matter for deliberation and will issue a decision at a later date.
Members of the public, human rights observers, interested parties and media outlets attended the Public Hearing in-person, while many others followed the proceedings virtually through the Court’s official online platforms.
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
For further inquiries: Dr Robert Eno, Registrar – Robert.Eno@african-court.org For media inquiries: Chipiliro Kansilanga Ngue – Senior Information & Communication Officer and Head of Communication Unit – Chipiliro.Kansilanga@african-court.org
