Concluding observations on the fifth to seventh periodic reports of Kenya

19. The Committee is alarmed by reports that the Sengwer people are being forcibly evicted from their traditional forest lands in the Embobut Forest, in violation of a High Court injunction. While noting the State party’s position that no forced evictions have recently been carried out, the Committee notes allegations that agents of the Kenya Forest Service have burned dozens of Sengwer homes. Similarly, the Committee is worried about reports that the Endorois indigenous community has been subjected to attacks and forced evictions by armed raiders. The Committee is further concerned at reports that in spite of the 2014 High Court decision in Joseph Letuya and others v. The Attorney General, the forced eviction of the Ogiek people from the Mau Forest continues today. The Committee is also concerned at reports that activities affecting the ancestral land occupied by indigenous peoples have been undertaken without their free, prior and informed consent (arts. 2, 5 and 6).

20. In line with its general recommendation No. 23 (1997) on the rights of indigenous peoples, the Committee urgently calls upon the State party to:

(a) Prevent, investigate, prosecute and sanction acts threatening the physical security and property of the Sengwer, the Endorois, the Ogiek and other indigenous peoples;

(b) Ensure legal acknowledgement of the collective rights of the Sengwer, the Endorois, the Ogiek and other indigenous peoples to own, develop, control and use their lands, resources and communal territories according to customary laws and traditional land-tenure systems and to participate in the exploitation, management and conservation of the associated natural resources;

(c) Carry out effective consultations between relevant actors and communities likely to be affected by projects to develop, conserve or exploit indigenous ancestral land or its natural resources and obtain the free, prior and informed consent of indigenous communities before implementing such projects.