nubian community in kenya v republic of kenya communication 3172006 2015 achpr 2 28 february 2015

nubian community in kenya v republic of kenya communication 3172006 2015 achpr 2 28 february 2015

Kenya violated the African Charter by subjecting the Nubian community to discriminatory and arbitrary procedures in acquiring nationality and identity documents, resulting in statelessness and denial of legal status. The state failed to recognize Nubian land rights in Kibera and carried out forced evictions without due process or compensation. These actions breached Articles 1, 2, 3, 5, 12, 13, 14, 15, 16, 17(1), and 18 of the Charter.

Citation
nubian community in kenya v republic of kenya communication 3172006 2015 achpr 2 28 february 2015
Parties
Complainant: Open Society Justice Initiative and Institute for Human Rights and Development in Africa (on behalf of the Nubian Community of Kenya); Respondent: Republic of Kenya
Court
ACHPR
Jurisdiction
Tanzania
Judgment Date
28 February 2015
Procedural Posture
Human Rights Communication / Final Merits Decision
Outcome
Findings of multiple violations against Kenya; orders for remedial action.
Legal Topics
Discrimination, Nationality and Statelessness, Right to Property, Right to Education, Right to Health, Right to Work, Freedom of Movement, Due Process, Minority Rights
Source Language
English
Human Rights Law Constitutional Law International Law Discrimination Nationality and Statelessness Right to Property Right to Education Right to Health +4 more

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Parties

Open Society Justice Initiative and Institute for Human Rights and Development in Africa (on behalf of the Nubian Community of Kenya)

Complainant

Republic of Kenya

Respondent

Procedural Posture

Human Rights Communication / Final Merits Decision

Legal Issues

  1. 1 Whether the Republic of Kenya violated the rights of the Nubian community under the African Charter on Human and Peoples’ Rights, specifically regarding discrimination, nationality, property, and consequential rights.

Ratio Decidendi

Kenya violated the African Charter by subjecting the Nubian community to discriminatory and arbitrary procedures in acquiring nationality and identity documents, resulting in statelessness and denial of legal status. The state failed to recognize Nubian land rights in Kibera and carried out forced evictions without due process or compensation. These actions breached Articles 1, 2, 3, 5, 12, 13, 14, 15, 16, 17(1), and 18 of the Charter.

Court Disposition

Findings of multiple violations against Kenya; orders for remedial action.

Orders

  • Kenya to establish objective, transparent, and non-discriminatory criteria and procedures for determining Kenyan citizenship.
  • Kenya to recognize Nubian land rights over Kibera and grant security of tenure.