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Tanzania decisions
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The African Court dismissed DRC’s request for expedited procedure, holding it could not abridge defence-related time limits, but listed the case for priority handling.
The Court lacks personal jurisdiction because Kenya has not deposited the Article 34(6) Declaration, making the application inadmissible regardless of alleged violations.
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The Court rejected the request for expedited procedure because the respondent did not expressly waive its right to the 90-day response period, and the complexity of the case did not justify shortening the deliberation period. However, the Court decided to give priority to the examination of the application due to the seriousness of the alleged violations.
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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.
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The African Court held that Benin violated judicial independence, national consensus, information, development, and peace rights in adopting constitutional revision law.
The Court found that the process of constitutional amendment in Benin violated the principle of national consensus as required by Article 10(2) of the CADEG, and that the independence of the Constitutional Court was not guaranteed due to the renewable nature of judges' mandates without clear criteria. The Court also found violations of the right to information, the right to development, and the right to peace and security. However, the Court found no violation of the right to an impartial tribunal, as the applicant failed to provide credible evidence of actual bias. The Court awarded symbolic…
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The applicant failed to demonstrate urgency, extreme gravity, or irreparable harm personally suffered as a result of the decree. The request for provisional measures is therefore rejected.
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The African Court found Kenya violated the Ogiek community’s rights by evicting them from the Mau Forest, except for the right to life claim, and reserved reparations.
The Court found that the Ogiek are an indigenous population entitled to special protection. Kenya violated their rights under Articles 1, 2, 8, 14, 17(2) and (3), 21, and 22 of the African Charter by failing to recognize their status, forcibly evicting them from ancestral lands without consultation or compensation, denying them access to cultural and religious sites, and excluding them from development processes. The Court held that these actions were not justified by public interest or environmental protection and ordered Kenya to take remedial measures.
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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.
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