A United Nations human rights expert has raised concerns over the Kenyan government’s ongoing land demarcation activities in the Eastern Mau Complex, demanding an immediate halt. These actions reportedly threaten the ancestral lands of the Ogiek Peoples and are said to infringe upon binding judgments of the African Court on Human and Peoples’ Rights (AfCHPR) (UN OHCHR Statement).
The demarcation process is occurring without proper consultation and overlooks the Ogiek community’s legally affirmed rights to land, culture, and identity. This development persists despite prior rulings by the African Court, which has consistently supported the Ogiek’s legal claims to the Mau Forest Complex. In a 2022 reparations judgment, the court directed Kenya to provide the Ogiek with collective land titles, financial compensation, and a development fund (African Court Document). Implementation, however, remains minimal, with demarcation activities continuing without the community’s consent.
The UN’s intervention reflects rising international concern over Kenya’s non-compliance with these legal obligations. The call for suspension of land-related activities underscores the African Court’s authority and the necessity for states like Kenya to act in good faith regarding its judgments.
Additionally, advocacy groups like the Ogiek Peoples’ Development Program highlight ongoing violations, including evictions and land seizures, contravening the Court’s decisions. The initial ruling in 2017 identified significant violations against the Ogiek under the African Charter on Human and Peoples’ Rights, establishing the community’s collective rights to their ancestral lands and mandating an end to forced evictions.
This case tests Kenya’s adherence to indigenous rights and its broader commitment to the rule of law across Africa.