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PgK Docus1gn Envelope ID: 1BOFC047-E4B9A c· R 1 African Commission on Human and Peoples' Rights Human Rights our Collective Respons1b1hty Decision of the African Commission on Human and Peoples' Rights on Admissibility Communication 763/21 William Sipai and 13 other representatives of the Keekonyokie clan of the Maasai people of Kitet (represented initially by Dr. Duncan Ojwang, later replaced by Jonhson & Partners Advocates LLP) V The Republic of Kenya Adopted by the African Commission on Human and Peoples• Rights During the 82"" Ordinary Session held in Banjul.from 25 February to 11 March 2025, Banjul, The Gambia "'o.,,, IS ~ c; ............ . \ '&: Hon. Comml : Chairperson ti ~ on Human an MO!Jndhl African Union ~ ~ ~~r,y,"' mission The African Commission on Human and Peoples' Rights 31 Bijilo Annex Layout, Kombo North District, West Coast Region Phone: (220) 230 4361 Fax: (220) 441 05 04 Email: au-banjul@africanunion.org https./achpr.au.inVO , , •

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Communication 763/21 - William Sipai and 13 Other Representatives of the Keekonyokie Clan of the Maasai People of Kitet v. Republic of Kenya

ACHPR Decision

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Type of Document

Decision

Keywords

Economic, Social and Cultural Development
Equality Before the Law
Right to Dignity
Right to Life
Right to Property

Case Head Notes: The complainants, representing the Keekonyokie clan of the Maasai people of Kitet (Kedong), alleged that Kenya had facilitated the alienation of their ancestral lands for industrial, geothermal and infrastructure projects without their prior consultation or consent. They claimed that the establishment of the Naivasha Special Economic Zone and related developments resulted in forced displacement, destruction of homes, arbitrary arrests, criminalization of pastoralism, and denial of their rights to land, culture and development. They further argued that domestic litigation had failed to protect their collective rights. On the merits, the African Commission held that Kenya failed to respect the Maasai community's collective rights over their ancestral lands and did not adequately consult or obtain their free, prior and informed consent before implementing development projects. The Commission found that the encroachment on the community's lands and the resulting displacement violated the right to life (Article 4), right to property (Article 14), right of peoples to equality (Article 19) and right to development (Article 22) under the African Charter. It ordered Kenya to cease activities affecting the ancestral lands, refrain from further expulsions and criminalization of pastoralism, pay compensation for material and moral damages, publish the decision, and submit an implementation report within 180 days.

Country

Kenya

Outcome: Decided on Merits

Year Decided: Mar 11, 2025

Rights Alleged to be Violated (ACHPR Provisions)

ACHPR 1: General Obligations
ACHPR 14: Right to Property
ACHPR 17.2: Freedom to Participate in Community Cultural Life
ACHPR 19: Right of All Peoples to Equality and Rights
ACHPR 22.2: Duty to ensure the exercise of the right to development
ACHPR 3: Right to Equality before the Law and Equal Protection of the Law
ACHPR 4: Right to Life and Integrity
ACHPR 5: Cruel Inhuman and Degrading Treatment
ACHPR 6 : Right to Personal Liberty and Protection from Arbitrary Arrest

Rights Violated (ACHPR Provisions)

ACHPR 14: Right to Property
ACHPR 19: Right of All Peoples to Equality and Rights
ACHPR 22: Peoples' Right to Economic, Social and Cultural Development
ACHPR 4: Right to Life and Integrity

Rights Not Violated (ACHPR Provisions)

ACHPR 1: General Obligations
ACHPR 17.2: Freedom to Participate in Community Cultural Life
ACHPR 3: Right to Equality before the Law and Equal Protection of the Law
ACHPR 5: Cruel Inhuman and Degrading Treatment
ACHPR 6 : Right to Personal Liberty and Protection from Arbitrary Arrest

Duration of Procedure

Jul 12, 2021 ~ Mar 11, 2025

Country Geolocation

Latitude: -0.023559

Longitude: 37.906193

Country Geolocation (linked ACHPR Decision): Kenya

Primary Documents

William Sipai and 13 Other Representatives of the Keekonyokie Clan of the Maasai People of Kitet v. Republic of Kenya.pdf
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African Human Rights CLA 2.0

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Communication 763/21 - William Sipai and 13 Other Representatives of the Keekonyokie Clan of the Maasai People of Kitet v. Republic of Kenya

Primary Documents

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