A note written by Professor of Law, Dr. Philip C. Aka. This note introduces a landmark case decision involving an eviction notice from ancestral land that the Kenyan government served on the Ogiek, a community of hunters and gatherers, who live on the land they were asked to vacate.
Dr. Philip C. Aka, S.J.D., LL.M., Ph.D., J.D., Professor of Law, International University of Sarajevo; Professor of Political Science, Chicago State University. Distinguished Professor of Law, Political Science, & Author of Human Rights in Nigeria’s External Affairs: Building the Record of a Moral Superpower. Dr. Aka recently won the 2017 Cecil B. Currey Book Prize from the Association of Global South Studies (AGSS) for his recent publication.
African Commission on Human and Peoples’ Rights v. the Republic of Kenya (African. Ct. H. P. R.). Aka, P. (2017). African Commission on Human and Peoples’ Rights v. Republic of Kenya (Afr. Ct. H.P.R.). International Legal Materials, 56(4), 726-764. doi:10.1017/ilm.2017.27.
The African Court was founded in 2004, delivered its first judgment 2009, and as of spring 2017 had thirty- two cases. The Court is the latest building block in the African human rights system that includes the Charter on Human and peoples’ Rights and the African Commission on Human and Peoples’ Rights. This decision is the Court’s first judgement relating to eviction from ancestral land. Coming in the wake of a complaint from the Endorois peoples, it is the second decision from the African human rights system involving Kenya.
Read more at https://doi.org/10.1017/ilm.2017.27
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