Arusha, 12 November 2024: The African Court on Human and Peoples’ Rights (AfCHPR) has set a three-month deadline for the Republic
of Kenya to file a report on the measures it has taken to comply with its judgments in Application No. 006/2012, African Commission on Human and Peoples’ Rights v Republic of Kenya.
The decision was made on Tuesday, 12 November 2024, at the Seat of the Court in Arusha, United Republic of Tanzania, when the Court convened for a Compliance Hearing in Application No. 006/2012.
The case was brought before the Court by the African Commission on Human and Peoples’ Rights (ACHPR) in 2012.
In its judgment on the merits, delivered on 26 May 2017, the Court found that the Republic of Kenya had violated several provisions of the African Charter on Human and Peoples’ Rights, and ordered Kenya to, among others, ensure the Ogiek’s access to their ancestral lands, and to implement legislative and policy reforms to protect indigenous peoples’ land rights.
During the Compliance Hearing, the Republic of Kenya requested for an adjournment of the Hearing to enable it file a report on the measures the country has taken to comply with the Court’s decisions.
The Applicant, for its part, opposed the request for adjournment and prayed the Court that should the adjournment be granted, it should be awarded costs for the attendance. The Applicant further submitted that the Ogiek had continued to suffer evictions in the Mau Forest even after the Court’s decisions.
The Court reserved its decisions on the alleged continuous evictions of the Ogiek and costs for a later date.
The Compliance Hearing was the first such hearing organised by the Court under Rule 81 of its 2020 Rules, as a means to monitor compliance with its decisions. The Hearing which was live-streamed was also attended in-person by members of the general public, human rights observers, the media and a large contingent of the Ogiek community.
NOTES FOR EDITORS:
- The African Court on Human and Peoples’ Rights (AfCHPR) is a continental court established by African countries to ensure the protection of human and peoples’ rights in Africa. The Court is an organ of the African Union and it complements and reinforces the functions of the African Commission on Human and Peoples’ Rights.
- 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
For further inquiries: Dr Robert Eno, Registrar – Robert.Eno@african-court.org
For media inquiries: Chipiliro Kansilanga, Senior Information & Communication Officer & Head of Communication Unit – Chipiliro.Kansilanga@african-court.org
