By Gift Briton
A United Nations expert has condemned Kenya’s ongoing land demarcation in the Eastern Mau Complex. The process threatens the ancestral lands of the Ogiek people and violates court orders from Africa’s highest human rights tribunal.
Albert Barume, the UN Special Rapporteur on Indigenous Peoples’ rights, cautioned that Kenya’s actions could cause “irreparable harm” to the Ogiek’s land rights. He called on the government to stop all activities that undermine these rights.
The African Court on Human and Peoples’ Rights ruled twice in favour of the Ogiek people. The court’s 2017 and 2022 judgments affirmed their ownership of ancestral lands and ordered Kenya to return them. Kenya has not complied with either ruling.
The legal battle took a new turn in September 2024. Kenya’s Environment and Land Court in Nakuru dismissed the Ogiek’s land claims in East Mau. This decision directly contradicted the African Court’s rulings.
A hearing to address compliance with the African Court’s orders was scheduled for November 2024. Kenya requested a postponement, and the hearing is now set for June 2025.
Between December 2024 and April 2025, the Kenyan government held public forums to discuss implementing the Nakuru court ruling. Critics called these meetings exclusionary and politically motivated.
The government began a rushed demarcation process on April 25, 2025. Officials conducted this process without consulting the Ogiek people, as required by international law.
The demarcation affects more than 8,500 Ogiek people in three areas: Nessuit, Mariashoni, and Sururu. It also threatens ecologically sensitive areas crucial for water sustainability.
On May 6, 2025, Kenya’s president issued a 250,000-acre land title deed to Narok County. The deed covers parts of the Maasai Mau Forest, alarming the Ogiek community of Sasimwani.
The Sasimwani Ogiek remain displaced after forced evictions in 2023. More than 700 families lost their homes during those evictions.
Barume urged all parties to engage in dialogue based on mutual respect and human rights. The Special Rapporteur said he is ready to visit Kenya to support efforts toward a rights-based solution.
The conflict highlights the ongoing struggle of indigenous communities in Kenya to secure recognition of their ancestral land rights. Despite international court victories, the Ogiek people continue to face government actions that threaten their traditional territories and way of life.
