Country
Kenya
Sources
InforMEA
Tagging
Forests, Declaratory Relief, Biodiversity, Multilateral Environmental Agreements, Remedies, Audits, Land Tenure, Property
Abstract

The applicants represented the Ogiek community living in East Mau Forest. They meant that their right to life protection and right to settle anywhere in Kenya was infringed on by forcible eviction and deprival of livelihood. They sought orders to declare these wrongdoings as well as compensation from the attorney general.

The Court found that there were significant irregularities committed during the allocations made of the Mau Forest area. This included the allocation of the land previously occupied by the applicants.

The Court referred to several international environmental agreements such as the Stockholm and Rio Declarations and rights conferred upon people regarding land and environment. For example it quoted Article 24 of the African Charter stating that  ‘All peoples shall have the right to a general satisfactory environment favourable to their development’

Finally, the Court declared that the right to life, right to dignity and social and economic rights of the applicants had been contravened when they were evicted from their land. The National Land Commission was directed to ensure that land was identified for the settlement of the Ogiek members and applicants in line with the recommendations of the Report of the Government Task Force on the Conservation of the Mau Forest Complex.