Implementation of decisions by the African Court and African Commission on human and peoples' rights on indigenous peoples in Kenya

Abstract

Despite the progressive decisions by the African Court and Commission on indigenous peoples in Kenya, their rights continue to be violated. Notably, Kenya has not implemented the Ogiek and Endorois decisions by the African Court and Commission respectively. This study looks at the follow-up mechanisms that the African Court and the African Commission have adopted to ensure the implementation of their decisions generally, and in the Endorois and Ogiek decisions specifically. It also looks at the steps that Kenya has taken to implement these decisions. It looks at some of the challenges which have been experienced by Kenya, the African Court and the Commission which have hampered the effective implementation of these decisions. The study borrows from the best practices of the American Court and Commission. It specifically looks at follow-up mechanisms, and makes a case for borrowing from these experiences, since they have largely been effective in ensuring implementation of the decisions by the inter-American Court and Commission.