The African Commission on Human and Peoples’ Rights has waded into the controversial evictions of the Ogiek community from forests in Narok county.
It has appealed to the government to stop the evictions to alleviate the suffering of the community.
Through its country rapporteur on human rights Solomon Dersso, the commission said in a statement that it was concerned about the reports of the ongoing evictions.
“The African Commission, through the country rapporteur, has initiated an urgent letter of appeal to the Republic of Kenya calling for cessation of the evictions in order to limit the irreparable damage that may be caused to the lives, bodily integrity, and sources of livelihoods, family life, safety, and security of vulnerable members, including women, children, and the elderly,” the statement said.
The government has been urging those still in the forest to move out.
Squatters have been removed from Sasimwani, Olkurto and Nkareta areas of Narok.
A section of leaders, such as Environment CS Soipan Tuya and Speaker of the National Assembly Moses Wetang'ula, have been calling for humane evictions.
The Kenya National Commission on Human Rights has also called for the immediate cessation of the ongoing demolitions and evictions in Sasimwani and Nkareta.
The lobby group urged structured engagement with the affected persons.
KNCHR chairperson Roseline Odede said on Monday the commission was deeply concerned by the increasing evictions and an unprecedented trend occasioned mostly by the state, causing gross human rights violations.
“It is worrying that despite clear procedural safeguards under Section 152G of the Land Act, 2012, evictions continue to occur under unclear circumstances, without due process, and in the absence of appropriate measures to mitigate the suffering among the affected persons,” Odede said.
The evictions are taking place despite the 2017 and 2022 judgments of the African Court on Human and People’s Rights in the Ogiek of Mau case.
The court recognised the ancestral land rights of the Ogiek, with rights to, among others, use and occupy Mau Forest.
On June 23, 2022, the court ordered the government to undertake an exercise of delimitation, demarcation, and communal land titling to protect the Ogiek people's right to property, which in this case revolves around their occupation, use, and enjoyment of the Mau Forest and its various resources.
This was to be done in consultation with the community and/or their representatives, and the order directly relates to the entire 22 blocks of Mau, including the Sasimwani area.
The court also directed the government not to repeat any further violations and to pay the community Sh57.8 million in compensation for the loss of property and natural resources. It was also directed to pay Sh100 million for moral prejudice suffered due to violations of the right to non-discrimination, religion, culture and development.
This compensation is yet to be paid.
The 2022 ruling followed that of May 2017, which found that Ogiek's rights to property and natural resources under the African Charter, among other issues, had been violated.
As part of the implementation of the court’s decision, the Ogiek community has been appealing to the state to ensure that a communal title is given to them as part of the implementation of the African Court’s decision.
Ogiek People’s Development Programme executive director Daniel Kobei recently said the move will protect the parcel of land from unnecessary sale.
“We had proposed that the community land be given as per counties so that it can easily be managed,” he said.
Kobei said the community has proposed to have 10 community titles in areas where the community is found.
He cited areas such as Eastern Mau, Narok North and South, Uasin Gishu county, Nandi, Koibatek, and Kipkelion.
Kobei said the move will ensure that once the court’s decision is implemented, the community will manage themselves well and avoid squabbles.
The Ogiek community is among the indigenous minority ethnic groups, alongside the Sengwer, Yaaku, Waata, Sanya and Endorois.
They traditionally practiced hunting and gathering.
Forests provide food (honey), medicine, shelter, and preserve their culture.
Their estimated population with reference to the 2019 Kenya Population and Housing Census report is 52,000, and they mainly inhabit the Mau Forest Complex and the Mt Elgon Forest.
About 30,000 members of the community live in the Mau Forest Complex.
The rest live in the forested areas of Mount Elgon at Chepkitale.
The community has been claiming the right to what they refer as their ancestral lands in the forested Mau escarpment recognised as their property.
To the community, every forest remains their home, and they have the right to live and practice their way of life there.
The state has, however, been adamant that they must leave the area saying they have destructive tendencies.
The eviction of the community prompted them to pursue justice domestically and regionally at the human rights system of the African Union.
In November 2009, the Ogiek of the Mau Forest filed a complaint against the Government of Kenya at the African Commission on Human and Peoples’ Rights which was escalated to African Court on Human and People’s Rights in 2012.