Forest in the Republic of Kenya (hereinafter referred to as “the Respondent
State”).
2.
The Respondent State became a Party to the African Charter on Human
and Peoples’ Rights (hereinafter “the Charter”) on 25 July 2000 and the
Protocol to the African Charter on Human and Peoples’ Rights on the
Establishment of an African Court on Human and Peoples’ Rights
(hereinafter “the Protocol”) on 4 February 2004. It has not deposited the
Declaration required under Article 34(6) of the Protocol (hereinafter referred
to as “the Declaration”) through which States accept the jurisdiction of the
Court
to
receive
cases
from
individuals
and
Non-Governmental
Organisations (NGOs).
II.
SUBJECT OF THE APPLICATION
A. Facts of the matter
3.
It emerges from the Application that in 2012, the Applicants instituted
proceedings in the Respondent State’s Environment and Land Court
(hereinafter referred to as “the ELC”) against the Respondent State in
connection with their eviction from their ancestral land.1 Pursuant to this
suit, the ELC found violations of the rights to life, dignity, non-discrimination,
and economic and social rights. It ordered, notably, the National Land
Commission to open a register of the members of the Ogiek Community and
to identify land to which such members may be resettled.
4.
According to the Applicants, the reliefs ordered in the Judgment of this Court
in Application 006/2012, on the merits as well as on reparations,2 have
1
Joseph Letuya & 21 Others v. Attorney General & 5 Others [2014] eKLR.
African Commission on Human and Peoples’ Rights v. Republic of Kenya (merits) (26 May 2017) 2
AfCLR 9 and African Commission on Human and Peoples’ Rights v Republic of Kenya, ACtHPR,
Application No. 006/2012, Judgment of 23 June 2022 (reparations).
2