UN Expert Urges Kenya to Halt Mau Land Demarcation Violating Ogiek Rights

A United Nations expert has issued an urgent appeal to the Government of Kenya to immediately halt the ongoing land demarcation process in the Eastern Mau Complex, warning that it violates the land and cultural rights of the Indigenous Ogiek Peoples and contravenes binding legal rulings issued by the African Court on Human and Peoples’ Rights (AfCHPR). The alarm was raised by Albert K. Barume, the UN Special Rapporteur on the rights of Indigenous Peoples, who emphasized that Kenya’s actions risk causing irreparable harm to both the Ogiek community and the delicate ecosystem they have historically stewarded.

A History of Legal Recognition Ignored

The Ogiek people, one of Kenya’s oldest forest-dwelling Indigenous communities, have long faced systemic marginalization and displacement, primarily from the Mau Forest Complex, their ancestral home. After decades of legal battles, the AfCHPR issued landmark rulings in 2017 and again in 2022, affirming the Ogiek’s collective land rights and ordering the Kenyan government to:

• Recognize the Ogiek as an Indigenous people with legal ownership of their ancestral lands.

• Provide restitution and compensation for historical and ongoing violations.

• Cease any eviction or land use changes without prior, free, and informed consent.

Despite these binding rulings, the Kenyan state has yet to act in compliance. The restitution process remains stalled, and a follow-up hearing originally scheduled for November 2024 was postponed at the government’s request. It is now set to resume in June 2025, amid renewed tensions on the ground.

Contested Demarcation and Judicial Contradictions

In direct contradiction to the AfCHPR’s rulings, Kenya’s Environment and Land Court in Nakuru issued a judgment in September 2024 dismissing the Ogiek’s land claims in East Mau. This decision, perceived by rights groups as a setback to Indigenous justice, opened the door for the government to begin public forums—from December 2024 to April 2025—intended to explore the Nakuru Court’s implementation.

However, these forums have been widely criticized as exclusionary, rushed, and politically motivated, failing to incorporate genuine input from Ogiek communities. On 25 April 2025, the government initiated a land demarcation process in East Mau, which was neither consultative nor participatory.

Barume warned: “The demarcation threatens the rights of more than 8,500 Ogiek people in Nessuit, Mariashoni, and Sururu, and endangers ecologically sensitive areas vital for water catchment sustainability.”

Further Alarm Over Presidential Land Allocations

In a move that further raised Indigenous concerns, on 6 May 2025, the President of Kenya issued a 250,000-acre title deed for parts of the Maasai Mau Forest to Narok County. This allocation caused significant alarm among the Ogiek of Sasimwani, many of whom remain displaced since the 2023 forced evictions that affected over 700 families. These evictions, carried out without legal redress or resettlement support, left hundreds homeless and sparked condemnation from human rights organizations worldwide.

Environmental and Cultural Impacts

Beyond legal and human rights violations, the demarcation in Eastern Mau also poses serious environmental risks. The Mau Forest Complex is one of East Africa’s largest remaining indigenous forests and is critical for biodiversity conservation and regional water security, feeding rivers that supply Lake Victoria and the Nile Basin.

The Ogiek people have historically acted as custodians of the forest, practicing sustainable lifestyles centered on beekeeping, small-scale farming, and forest-based traditions. Their displacement and the introduction of external actors into the forest threaten deforestation, habitat loss, and degradation of water catchments, all of which exacerbate the climate crisis and undermine ecological resilience.

Call for Dialogue and Compliance

Barume called on the Government of Kenya, state institutions, and Indigenous communities to engage in dialogue rooted in mutual respect and international human rights standards. He reiterated his willingness to visit Kenya to help facilitate a just and peaceful resolution aligned with the AfCHPR’s legal directives.

“The Kenyan government must immediately cease all actions that undermine the Ogiek’s rights and fully comply with the rulings of the African Court,” Barume said. “Failure to do so not only disregards regional judicial authority but further deepens the historical injustices suffered by the Ogiek.”

The situation in the Eastern Mau Complex has once again spotlighted Kenya’s complex and often fraught relationship with Indigenous land rights. The UN’s intervention underscores the urgent need for compliance with continental legal standards, protection of ecological systems, and genuine engagement with marginalized communities.

As the June 2025 hearing approaches, the eyes of the international community will be watching closely to see whether Kenya honors its obligations or continues on a path that threatens both its Indigenous heritage and environmental legacy.