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Tanzania Case Law

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Human rights law african commission on human and peoples rights v republic of kenya application no 0062012 2022 afchpr 18 23 june 202

african commission on human and peoples rights v republic of kenya application no 0062012 2022 afchpr 18 23 june 202

The Court held that the Republic of Kenya violated multiple Charter rights of the Ogiek, including property, culture, religion, development, and non-discrimination, and ordered comprehensive reparations including material and moral compensation, restitution of ancestral lands through delimitation, demarcation, and titling, recognition of Ogiek as indigenous people, guarantees of consultation and non-repetition, and establishment of a community development fund, rejecting prayers for public apology and monument as the judgment itself suffices for satisfaction.

  • Reparations
  • Right to property
  • Non-discrimination
  • Right to culture
  • Right to religion
  • Right to development
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Human rights law commission africaine des droits de lhomme et des peuples c republique du kenya requete n 0062012 2017 afchpr 62 26 mai 2017

commission africaine des droits de lhomme et des peuples c republique du kenya requete n 0062012 2017 afchpr 62 26 mai 2017

Kenya violated the Ogiek’s rights under Articles 1, 2, 8, 14, 17(2) and (3), 21, and 22 of the Charter by failing to recognize their indigenous status, denying access to ancestral lands, expelling them without consultation or compensation, and restricting their cultural and religious practices. The violations were not justified by public interest or proportionate to environmental aims. The Court orders Kenya to remedy these violations and report on implementation.

  • Indigenous land rights
  • Discrimination
  • Right to property
  • Cultural rights
  • Freedom of religion
  • Right to development
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