Kenya National Commission on Human Rights
Press Statement: For Immediate Release Nairobi, Monday 6th November, 2023
HALT THE ONGOING FORCED EVICTIONS OF THE OGIEK COMMUNITY
The Kenya National Commission on Human Rights (KNCHR) is deeply concerned by the increasing and prevalent forced evictions and an unprecedented trend occasioned mostly by the State, occasioning gross human rights violations. It is worrying that despite clear procedural safeguards under Section 152G of the Land Act, 2012 - evictions continue to occur under unclear circumstances, without due process, and with the absence of appropriate measures to mitigate the suffering among the affected persons.
The Commission is perturbed by the on-going evictions in Sasimwani and Nkareta areas of Narok County without the prior profiling and identification of genuine forest dwelling communities. It is deeply saddening that despite the 2017 and 2022 Judgments of the African Court on Human and People’s Rights in the Ogiek of Mau case that; emphatically and unequivocally recognized ancestral land rights of the Ogiek with rights to among others use and occupy Mau forest, members of the Ogiek Community have not been spared. As a country founded on the rule of law, Kenya should immediately implement the African Court Judgment. The on-going evictions are ill advised and run counter to the obligations that Kenya has; to secure the rights of its citizens under the African Charter on Human and People’s Rights, which is applicable by virtue of Article 2(6) of the Constitution.
The brutal evictions have occasioned demolition of houses leaving several people homeless in the cold weather and with no source of livelihoods. Places of worship have equally been destroyed. It is unfortunate, that the evictions are being conducted during the current rainy season and while the national examinations are on-going.
The Kenya National Commission on Human Rights holds that, where evictions are inevitable, and only in exceptional circumstances, they must be carried out lawfully and in full compliance with relevant provisions of national law and international human rights principles and standards. At the very basic, such evictions should be preceded by the provision of relevant information to affected groups and persons, in order to have their full consultation and participation throughout the entire process.
The Commission further notes that section 22 (4) of the Prevention, Protection and Assistance to Internally Displaced Persons and Affected Communities Act, 2012 provides that; “The Government shall ensure that the displacement is carried out in manner that is respectful of the human rights of those affected, taking in particular into account the….. special needs of women, children and persons with special needs”. Equally, section 22(5) states that; “The Government shall ensure the presence of a Government official when the displacement and relocation is effected and the monitoring by an independent body”.
The Commission wishes to re-emphasize and bring to the fore that sections 152G of the Land Act, 2012 provides for the mandatory procedures during eviction including:
a) Be preceded by the presentation of the formal authorizations for the action;
b) Be carried out in a manner that respects the dignity, right to life and security of those affected;
c) Include special measures to ensure effective protection for groups and people who are vulnerable such as women, children, the elderly, and persons with disabilities;
d) Include special measures to ensure that there is no arbitrary deprivation of property or possessions as a result of the eviction;
e) Include mechanisms to protect property and possessions left behind involuntarily from destruction;
f) Respect the principles of necessity and proportionality during the use of force; and
g)Give the affected persons the first priority to demolish and salvage their property.
The Kenya National Commission on Human Rights stands firmly in solidarity with the affected communities in particular members of the Ogiek Community who are specially interconnected to their ancestral lands and need such lands to enjoy their rights. In particular, KNCHR calls for the following:-
1. The immediate cessation of the ongoing demolitions and evictions in Sasimwani and Nkareta areas, to allow a structured engagement with the affected persons;
2. Provision of adequate humanitarian support to effectively respond to the immediate needs of the affected people;
3. Implementation of the Judgment of the African Court on Human and People’s Rights in the Ogiek of Mau case; and
4. Full implementation of the Prevention, Protection and Assistance to Internally Displaced Persons and Affected Communities Act, 2012) and adoption of a National Policy on the Prevention of Internal Displacement, Protection and Assistance to Internally Displaced Persons in Kenya as well as a resettlement framework
The Commission remains committed to helping the Government in the fulfillment of its human rights obligations.
Roseline Odede, HSC
Chairperson
Kenya National Commission on Human Rights