The Commission on Administrative of Justice (CAJ) office of the Ombudsman has held a consultative forum on the promotion of Administrative Justice by public entities on the eviction case of the Ogiek community.
Citing a letter from the Ogiek community dated 7th September 2022, requesting a meeting with the Commission, the CAJ Chairperson, Office of the Ombudsman, Florence Kajuju, quoted that on the 26th of May 2017, the African Court on Human and People’s rights, delivered a judgement in favor of Mau Ogiek community in the case of African Commission on Human and people’s rights
In that case, Kajuju continued, the Court found that the Republic of Kenya, through the forced eviction of the Mau Ogiek, violated the Ogiek’s rights to property, natural resources, culture, freedom of religion, development and non-discrimination.
She added that the respondent was also ordered to take appropriate measures to have a remedy to the violations.
“Despite the latest Task Force finishing its work, the community did not receive a copy of the plan or any further detailed information on the way forward,” stated Kajuju, adding in retrospect that in November 2009, the Ogiek filed a complaint against the government and judgement was delivered, but not yet implemented.
The Chairperson disclosed that the African Court found that there was persistence in the violation of the community’s rights and in June 2022, it delivered a judgement for reparations that the government must compensate the Ogiek community
Kajuju, however, lamented that the government of Kenya has not put in place a specific way to implement the judgement delivered.
“The government of Kenya has a duty to inform the Commission on how they are going to compensate the rights of the Ogiek community,” she maintained.
Kajuju vowed that the Commission will follow-up on the issue of compensation and ensure the Ogiek’s rights are not violated.
Meanwhile, the Director of Prevention, Education and Advocacy on Campus and Community in the Office of the Ombudsman, Mr. Osman Mohamed, said that the findings and recommendations to the National Assembly and Presidency, are published in their reports.
He added that their responsibility is to promote democratic values of citizens to government agencies, including human dignity, social justice, inclusiveness, human rights, non-discrimination and protection of the marginalized groups.
CAJ ‘Office of the Ombudsman’ is an Independent Commission, established by the Constitution with the authority and responsibility to receive, investigate, and address all complaints about government actions or inactions.
By Trepher Leslie and Garvin Patrick
