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Tanzania decisions
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The African Court dismissed an application by Ogiek applicants against Kenya for lack of personal jurisdiction because Kenya has not filed the Article 34(6) declaration.
The East African Court of Justice dismissed a reference over the Kibiro geothermal project because the supporting affidavit was defective and the filing was incompetent.
The Court lacks personal jurisdiction because Kenya has not deposited the Article 34(6) Declaration, making the application inadmissible regardless of alleged violations.
Source excerpt
The Court lacks temporal jurisdiction because the alleged violations and enactment of relevant laws occurred before the Respondent State became party to the Charter and Protocol and deposited the Declaration. The acts were instantaneous, not continuing, and their effects ceased with implementation. Only the Republic of Ghana is properly before the Court as Respondent.
Source excerpt
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.
Source excerpt
O Tribunal reconheceu os Ogieks como população autóctone, concluiu que o Estado Demando violou os direitos à terra, cultura, religião, desenvolvimento, propriedade e não discriminação, ao despejá-los da Floresta de Mau sem consulta, compensação ou justificativa objetiva, e sem garantir mecanismos adequados de proteção e reparação, em violação dos artigos 1, 2, 8, 14, 17(2)(3), 21 e 22 da Carta Africana.
Source excerpt
The African Court granted provisional measures in a land and eviction dispute over the Mau Forest, ordering Kenya to reinstate restrictions on land transactions pending the main case.
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