- KNCHR further called for the provision of adequate humanitarian support to effectively respond to the immediate needs of the affected people.
- Chairperson Roseline Odede expressed concern that the evictions are being carried out under what she termed as unclear circumstances
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The Kenya National Commission on Human Rights now wants the ongoing demolitions and evictions in Sasimwani and Nkareta areas in Narok county halted with immediate effect.
In a statement on Monday, the commission called for the cessation of the evictions to allow a structured engagement with the affected persons.
KNCHR further called for the provision of adequate humanitarian support to effectively respond to the immediate needs of the affected people.
The commission chairperson Roseline Odede expressed concern that the evictions are being carried out under what she termed as unclear circumstances, without due process, and with the absence of appropriate measures to mitigate the suffering among the affected persons.
Odede noted that where evictions are inevitable, and only in exceptional circumstances, they must be carried out lawfully and in full compliance with relevant provisions of national law and international human rights principles and standards.
“The evictions have occasioned demolition of houses leaving several people homeless in the cold weather and with no source of livelihoods,” Odede said.
“Places of worship have equally been destroyed. It is unfortunate, that the evictions are being conducted during the current rainy season and while the national examinations are ongoing.”
According to the commission, section 152G of the Land Act, 2012 provides that any eviction must be preceded by the presentation of the formal authorisations for the action and carried out in a manner that respects the dignity, right to life and security of those affected.
Odede further noted that special measures to ensure effective protection for groups and people who are vulnerable such as women, children, the elderly and persons with disabilities must be put in place.
The chairperson said the act stipulates that special measures be put in place to protect property and possessions left behind involuntarily from destruction and that the affected persons be given the priority to demolish and salvage their property.
“The KNCHR stands firmly in solidarity with the affected communities in particular members of the Ogiek Community who are specially interconnected to their ancestral lands and need such lands to enjoy their rights,” Odede said.
The commission also called for the implementation of the judgment of the African Court on Human and People’s Rights in the Ogiek of Mau case.
The 2017 and 2022 judgments emphatically and unequivocally recognised ancestral land rights of the Ogiek with rights to among others use and occupy Mau forest.