Tanzania Case Law

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

Court

TANZLII

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.

Source excerpt

• Reparations
• Right to property
• Non-discrimination
• Right to culture
• Right to religion
• Right to development

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african commission on human and peoples rights v kenya application no 0062012 2017 afchpr 2 26 may 2017

Court

TANZLII

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.

• Right to property
• Non-discrimination
• Right to culture
• Right to development
• Freedom of religion
• Indigenous rights

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centre for minority rights development and another v kenya communication 276 of 2003 2009 achpr 102 25 november 2009

Court

ACHPR

The African Commission held that the Endorois are a distinct indigenous people and that Kenya’s eviction, denial of access, and lack of compensation violated the Charter.

• Right to property
• Right to culture
• Right to religion
• Right to development
• Right to natural resources
• Indigenous land rights

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