Ogiek celebrate Court decision: Kenyan government must “act without delay”

Written on 09 December 2025. Posted in News

The African Court on Human and Peoples’ Rights issued a judgment on 4 December in favour of the Ogiek, ordering the Kenyan government to “take immediate steps and act without delay” to fully comply with previous Court rulings.

The Government of Kenya has not complied on any of the Court’s rulings from both the 2017 and 2022 decisions, including not paying any reparations, not implementing land demarcation and titling plans, and not fully recognizing the Ogiek as an Indigenous people, among other violations.

The Court also ordered the government to fully respect its international obligations, which are paramount, and that national laws cannot be used by authorities to justify violations and non-compliance of Court orders or the African Charter.

This is yet another big legal win for the Ogiek who have been fighting for their rights and recognition in this case for decades.

Long-term IWGIA partner, the Ogiek Peoples’ Development Program (OPDP) said in a press briefing:

“This decision is a powerful affirmation of the Ogiek people’s long struggle for recognition, dignity, and justice. It restores hope not only for the Ogiek but for Indigenous communities across Africa who continue to face marginalization and dispossession. The decision strengthens the Ogiek’s voice, validates their historic connection to the Mau Forest, and reinforces their role as environmental stewards.”

IWGIA commend the Court for their decisions, holding the Government of Kenya to account for their lack of compliance over several years.

"We celebrate alongside the Ogiek and OPDP for this legal win, and we are happy to have been able to support the Ogiek people over many years in their struggle for justice. However, the Ogiek and other Indigenous Peoples should not have to go to such legal lengths,” Marianne Wiben Jensen, IWGIA Senior Advisor on Land Rights and Africa, said.

“This continuous uphill battle is all too common for Indigenous Peoples who work tirelessly to tighten the gap between legal orders and actual implementation by authorities.”

The Government of Kenya now has six months to deliver a progress report with detailed, measurable steps for the implementation of the Court orders.

Here are some of the Court orders from the 4 December decision:

On reparations

The government has not made any of the ordered payments – KES 57,850,000 (USD 445,000) for economic loss and KES 100,000,000 (USD 770,000) for the community’s suffering – and it hasn’t made any significant steps in the collective titling of Ogiek ancestral lands.

The Court has ordered the government to pay the amounts immediately and in full.

On land titling

It has also ordered the government to urgently take the steps necessary to make a clear and time-bound plan to finalise the titling process and to grant the Ogiek collective title.

The Court has further identified that the government has not begun consultations to resolve land issues occupied by others and that they must begin without delay.

On recognition

Significantly, the Court also noted that “simply acknowledging the Ogiek as an indigenous people is not enough unless practical steps are taken to ensure they can fully exercise and enjoy their rights”.

The Court ruled that recognition of the Ogiek includes protection of their cultural, linguistic, and religious identity.

Additionally, the Community Development Fund, ordered in 2022, has now been ordered to be established immediately. The fund is meant to support the affected communities (many of which have been forcibly evicted numerous times, including as recently as November 2023) and to preserve Ogiek culture.

>> Find the Court ruling here <<

For more on the Ogiek’s fight to claim their rights, see the following IWGIA articles:

30 November 2023: Kenyan authorities continue to evict Ogiek, defying court orders and escalating violence

25 September 2018: Support to the Ogiek Peoples shall ensure implementation of historic African Court ruling

Photo: Members of the Ogiek community led by Daniel Kobei, Executive Director, Ogiek Peoples' Development (OPDP), accompanied by their legal representatives: CEO Don Deya, Pan African Lawyers Union, and Cyrus Maweu, member of the legal team from Kenya Human Rights Commission. Credit: OPDP

Tags: Land rights