The Indigenous World 2026: Kenya

Written on 22 April 2026. Posted in Kenya

The peoples who identify with the Indigenous movement in Kenya are mainly pastoralists and hunter-gatherers, as well as some fisher peoples and small farming communities. Pastoral­ists are estimated to comprise 25% of the national population, while the largest individual community of hunter-gatherers numbers approximately 79,000. Pastoralists mostly occupy the arid and semi-arid lands (ASALs) of Northern Kenya and towards the border between Kenya and Tanzania in the south. Hunter-gath­erers include the Ogiek, Sengwer, Yiaku, Waata and Awer (Boni) while pastoralists include the Turkana, Rendille, Borana, Maas­ai, Samburu, Ilchamus, Somali, Gabra, Pokot, Endorois and oth­ers. They all face land and resource tenure insecurity, poor ser­vice delivery, poor political representation, discrimination and exclusion. Their situation seems to get worse each year, with increasing competition for resources in their areas.

Kenya’s Indigenous women are confronted by multifac­eted social, cultural, economic and political constraints and challenges. Firstly, by belonging to minority and marginalized peoples nationally and, secondly, through internal social and cultural prejudices. These prejudices have continued to deny Indigenous women equal opportunities to overcome high illiter­acy and poverty levels. It has also prevented them from having a voice to inform and influence cultural and political govern­ance and development policies and processes due to unequal power relations at both local and national levels.

Kenya has ratified the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and the Convention on the Rights of the Child (CRC) but not the UN Declaration on the Rights of In­digenous Peoples (UNDRIP) or ILO Convention 169.

Chapter Four of the Kenyan Constitution contains a pro­gressive Bill of Rights that makes international law a key com­ponent of the laws of Kenya and guarantees protection of mi­norities and marginalized groups. Under Articles 33, 34, 35 and 36, freedom of expression, the media, and access to informa­tion and association are guaranteed. However, the principle of Free, Prior and Informed Consent (FPIC) remains a challenge for Indigenous Peoples in Kenya although the Constitution does guarantee the participation of the people.^[1]

Kenya’s prevailing economic situation is in an intractable crisis. It is a profound indictment of the status quo that a dis­proportionate number of Indigenous communities continue to bear the burden of crisis after crisis evidenced through impacts of climate change, insecurity and apparent food insecurity.

Despite some shifts in rhetoric, however, climate financ­ing projects targeted at most Indigenous Peoples’ landscapes are seemingly failing to bridge the inequality gap and are, in most cases, coordinated by elites.

On the other hand, despite concerted efforts to secure the collective land rights of communities, disruptive actions such as the Ogiek community eviction are a glaring reminder that we are far from securing human rights and, particularly, tenure rights for most Indigenous communities in Kenya.

This article is part of the 40^th edition of The Indigenous World, a yearly overview produced by IWGIA that serves to document and report on the developments Indigenous Peoples have experienced. Find The Indigenous World 2026 in full here

Land

Indigenous communities in Kenya remained at the centre of major land disputes that reveal tensions between conservation, tourism development, and historical rights. These cases raise fundamental questions about governance, oversight, and the proper compensation for ancestral lands.

• The Ritz Carlton Maasai Mara: The lawsuit by an activist against the Ritz Carlton that drew the attention of international media alleges that the Ritz Carlton lodge was built without a proper Environmental Impact Assessment (EIA) and in violation of the Maasai Mara Management Plan (2023-2032), which bans new tourist accommodation. Despite the developer, Lazizi Mara, and the Kenya Wildlife Service (KWS) stating that all approvals were granted and the site was not on a migration corridor, the court deemed the matter of sufficient significant public interest to proceed in December 2025. This conflict highlights potential weaknesses in agencies such as the National Environment Management Authority (NEMA) and the balance between tourism and ecological integrity.^[2]

• The Olderkesi community presented its case to the Senate’s Committee on Lands, Environment and Natural Resources in 2025. They claim that approximately 7,818 acres of their communal land has been leased to an investor since the 1920s with no compensation reaching them.^[3] Furthermore, the subsequent subdivision and allocation of the group ranch was marred by a lack of transparency, with committee members allocating large parcels to themselves and other family members. Their appeal to the Senate seeks an investigation into historical ownership and equitable redistribution.

• In Kajiado County, the youth and residents of Oldonyonyokie group ranch mounted determined resistance against a proposed carbon project. They challenged the initiative as a form of “green colonialism”, arguing it was using the guise of climate action as a ploy to dispossess them of their ancestral land. This conflict has brought long-standing concerns about the rapid expansion of such projects on pastoralist lands to a critical point. The community argues that these schemes threaten to undermine Indigenous land rights and could lead to displacement, echoing similar land conflicts facing Maasai communities in Tanzania. Local protestors describe the expanding carbon market projects as a form of climate colonialism where corporations from the Global North effectively outsource their emission responsibilities by buying carbon credits tied to African lands, without delivering real climate benefits and at the expense of local people.^[4] These projects price nature and shift the climate crisis burden onto communities that did not cause it, while enriching intermediaries and bypassing community consultation.

• The National Land Commission has published its decisions following investigative hearings on historical land injustices targeting Isiolo County. Specifically, the Commission recommended that a portion of land held by the Kenya Defence Forces (KDF) be adjusted such that while KDF would retain its titled land, specific areas occupied by verified residents would be surrendered for community settlement. The Livestock Marketing Division was directed to surrender 60% of its land for verified residents, with the remaining 40% to be retained under a land-use plan developed in consultation with the authorities. Community members occupying these lands were to be regularized and verified, with a multi-agency technical committee tasked with surveying boundaries, verifying beneficiaries, and overseeing subdivision and titling.^[5] While the Commission’s findings are welcome, particularly as they recognize the long-standing residency of affected communities, it falls short of delivering substantive justice and the intent of Article 67(2)(e) of the Constitution. Recognition of presence without acknowledgement of dispossession reduces historical injustice to an administrative issue rather than a constitutional wrong. The decision is further undermined by the absence of compensation or other reparative measures.

African Court on Human and Peoples’ Rights: compliance decision in the Ogiek Case

On 4 December 2025, the African Court on Human and Peoples’ Rights delivered its compliance decision finding that the Kenyan government had failed to duly comply with its previous judgements. This ruling marks the Court's first compliance decision and is a crucial test for the enforcement of Indigenous land rights in Africa.

The legal journey that began with a 2017 merits judgement whereby the Court affirmed the Ogiek as an Indigenous people of the Mau Forest and found that the State had violated their rights to property, culture, and non-discrimination. Further, a 2022 reparations judgement ordered specific remedies, including the payment of compensation into a community fund and the restitution of ancestral lands through collective title within two years.

Despite these rulings, implementation stalled. The Ogiek informed the Court that the government's actions were not only insufficient but actively contrary to the judgements. They cited ongoing evictions, the allocation of their land to third parties, and a complete lack of meaningful consultation. In its decisive December 2025 decision, the Court systematically found Kenya in non-compliance. Key failures noted include not paying any of the ordered compensation, making no substantive progress on identifying and titling Ogiek lands, and failing to ensure the community's right to free, prior, and informed consent. The Court emphasized that domestic laws or internal processes cannot justify breaching international obligations.^[6]

Policies and legislative framework

National Policy on Ethnic Minorities, Indigenous and Marginalized Communities (2025- 2035)^[7]

To give effect to Article 56 of the Constitution of Kenya, the Cabinet has developed and approved the National Policy on Ethnic Minorities, Indigenous and Marginalized Communities with the primary objective of enhancing full integration and representation of marginalized communities across government institutions, guaranteeing affirmative action to communities’ access to credit and establishing nomadic schools to ensure access to education for nomadic pastoralists. The Policy was launched on 18 December 2025 by the President of Kenya alongside the celebrations of the UN International Day for Minorities.

Developed in partnership with Indigenous Peoples' representatives, the Policy establishes a comprehensive roadmap and financial plan aimed at reducing disparities faced by marginalized and Indigenous communities, with a specific focus on improving outcomes in education, health, and infrastructure.

The Wildlife Management and Conservation Act, 2025^[8]

The Wildlife Management and Conservation Bill, 2023 was passed into law in October 2025. While improving the position of Indigenous communities in wildlife governance, including the recognition of traditional knowledge, the implementation of the Act will indicate whether communities who continue to lose their lands to wildlife conservation will fairly benefit and whether fair compensation arising from human-wildlife conflict will be realized.

Conferences

Carbon Markets Conference: Unlocking Kenya’s Carbon Market Potential

19- 20 May 2025, Nairobi

As Kenya continues to position itself as a hub for carbon market projects, a law having been created to enhance this,^[9] the conference co-organized by the Voluntary Carbon Markets Integrity Initiative (VCMI) and the Government of Kenya provided a critical platform to reflect on how these ambitions can be realized responsibly and equitably. This high- level conference^[10] brought together government, private sector actors, carbon market intermediaries, civil society, and community representatives to interrogate both the opportunities and risks presented by the rapid expansion of carbon markets in the country. Thematic discussions centred on the need to build high-integrity carbon markets with a strong emphasis on transparency, credible measurement, reporting and verification systems, and alignment with international frameworks such as Article 6 of the Paris Agreement.

Looking forward, the conference concluded with a shared commitment to advancing a carbon market that is environmentally credible, socially just, and economically viable. Key forward actions include strengthening safeguards for communities, operationalizing transparent benefit-sharing frameworks and fostering multi-stakeholder partnerships. However, this must be matched by heightened vigilance at the community level. As national carbon markets expand, it is imperative that Indigenous Peoples exercise their right to Free, Prior, and Informed Consent (FPIC), empowering them to determine their own path. This means respecting their decision not to participate in carbon projects and, where agreements are pursued, ensuring they are transparent, credible, and guarantee that benefits are shared equitably across the entire community.

Biennial Regional Policy Conference on Customary Tenure Rights in Eastern Africa^[11]

2 September – 1 October 2025, Nairobi

The conference focused on the role of policy, research and learning in securing pastoralism and rangelands in the region with an objective of creating a space for dialogue with policymakers, and launching and disseminating recently conducted research, studies and reports, outcomes and policy briefs with a bearing on customary tenure and pastoralist rights in the East and Horn of Africa.

The discussions emphasized the strategic use of data and technology for empowerment, recognizing the need to invest in community-led land mapping and to integrate data on customary holdings into official national systems.

The conference was designed to build momentum towards the global event: International Year of Rangelands and Pastoralists (IYRP) in 2026.

Community Land Summit, 2025

24 – 27 November, Nairobi

The 5^th Annual Community Land Summit (CLS) served as a major regional platform for dialogue on community land rights, pastoralism, climate justice, and tenure security, deliberately held in the capital to amplify community voices directly with policymakers and national decision makers.^[12] Indigenous cultural identity and traditional knowledge were celebrated and integrated throughout the event, reflecting that land is both a cultural and economic heritage for participating communities. One significant outcome of CLS 2025 was its role as a policy incubator and advocacy platform specifically marked by the launch of a Pastoralism Policy serving as a fundamental tool ahead of the International Year of Rangelands and Pastoralists (IYRP) in 2026.

Mali Ole Kaunga is a Laikipiak Maasai. He has spent over 30 years supporting and advancing human rights-centred development, environmental justice, and Indigenous Peoples’ rights.  He is a social innovator, visionary and thought leader associated with IMPACT (impactkenya.org), which played a crucial role in the foundation of paraanalliance.org/, sharedlands.org),aica-africa.org, communitylandsummit.org. He is currently a undertaking a Richard von Weizsäcker Fellow with  Robert Bosch Stiftung working on  how well grounded and effective inter sectional movements can contribute.

This article is part of the 40^th edition of The Indigenous World, a yearly overview produced by IWGIA that serves to document and report on the developments Indigenous Peoples have experienced. Find The Indigenous World 2026 in full here

Notes and references

^[1] Nyanjom, Othieno. (October 2014). Re-marginalising the pastoralists of Kenya’s Asals, African Study Monographs No 50, pp. 43-72. https://www.researchgate.net/publication/280572964_Remarginalising_the_Pastoralists_of_Kenya%27s_ASALs_the_hidden_curse_of_national_growth_and_development

^[2] Wangui, J. (2025). Luxury Maasai Mara camp seeks full hearing in row with activist, Business Daily. Available at: https://www.businessdailyafrica.com/bd/corporate/companies/luxury-mara-camp-seeks-full-hearing-in-row-with-activist-5300672#google_vignette

^[3] Hansard report - Thursday, 20 November 2025  (no date) Parliament of Kenya. Available at: https://www.parliament.go.ke/sites/default/files/2025-11/Hansard%20Report%20-%20Thursday%2C%2020th%20November%202025%20%28P%29.pdf

^[4] Gakii, S. Kajiado communities resist carbon offset land grabs disguised as climate action, Greenpeace Africa. Available at: https://www.greenpeace.org/africa/en/press/57470/kajiado-communities-resist-carbon-offset-land-grabs-disguised-as-climate-action/

^[5] Kenya Gazette Vol. CXXVII-no. 230 - Kenya law. Available at: //new.kenyalaw.org/akn/ke/officialGazette/2025-11-14/230/eng@2025-11-14">https://new.kenyalaw.org/akn/ke/officialGazette/2025-11-14/230/eng@2025-11-14

^[6] Context, H.R. in (2025). The African Court’s Ogiek Compliance Decision: A turning point for indigenous land rights in Africa?, Human Rights in Context. Available at: https://www.humanrightsincontext.be/post/the-african-court-s-ogiek-compliance-decision-a-turning-point-for-indigenous-land-rights-in-africa

^[7] Office of the Head of Public Service. (October 2025). National draft policy on ethnic minorities and marginalised communities in Kenya. https://www.headofpublicservice.go.ke/sites/default/files/2025-10/NATIONAL%20DRAFT%20POLICY%20ON%20ETHNIC%20MINORTIES%20AND%20MARGINALISED%20COMMUNITIES%20IN%20KENYA.pdf

^[8] Wildlife Conservation and Management Act - Kenya Law. Available at: //new.kenyalaw.org/akn/ke/act/2013/47/eng@2025-11-04">https://new.kenyalaw.org/akn/ke/act/2013/47/eng@2025-11-04

^[9] Kaunga, Malih O. (April 2025). Kenya in The Indigenous World 2025 (ed. Mamo, D.), IWGIA. Available at: https://iwgia.org/en/kenya/5627-iw-2025-kenya.html

^[10] Voluntary Carbon Markets Integrity Initiative. (15 May 2025). VCMI partners with Government of Kenya to support Carbon Markets Conference. Available at: https://vcmintegrity.org/vcmi-partners-with-government-of-kenya-to-support-carbon-markets-conference/

^[11] Africa Land Coalition. (29 September 2025). Regional Conference on Customary Tenure Rights in Eastern Africa 2025. Available at: https://africa.landcoalition.org/en/newsroom/regional-conference-on-customary-tenure-rights-in-eastern-africa-2025/

^[12] Community land summit 2025: Community Land Summit 2021. Available at: https://communitylandsummit.org/

Tags: Global governance