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Human Rights our
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Human and Peoples' Rights
COMMUNICATION 865/25
Willian, Kiplangat Kalegu and
others (Roy Koi111ett)
V
The Republic of Kenya
Adopted by the
African Commission on Human and Peoples' Rights
During the 85'1' Ordinary Session held in Banjul from 07 to 30 October 2025,
Banjul, The Gambia
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Communication 865/25: William Kiplangat Kalegu and
others (Roy Koimett) v. The Republic of Kenya
Summary of the Complaint:
1. The Secretariat of the African Commission on Human and Peoples' Rights (the
Secretariat) received a Communication on 7 January 2025, submitted by Koimett
& Company Advocates represented by Roy Koimett hereinafter called "the
Complainants" on behalf of William Kiplangat Kalegu, Joseph Letuya, Elasco
Rona, Nahashon K. Kipto, Stephen Pandumuye, Joseph K. Sang, Parsaloi Saitoti,
Kiprono Sigilal, Zakayo Lesinga, James Rana, Julias Sitonim, Charles K.
Ndaranya, hereinafter called "the victims".
2. The Complaint was lodged against the . Republic of Kenya (hereinafter the
Respondent State or Kenya), which ratified the African Charter on Human and
Peoples' Rights (the African Charter) on 23 January 1992.
3. The Complainants indicate that the victims are Kenyan citizen, and that the victims
are the beneficial owners of the lands located at Mariashioni Location, Elburgon
Division, Nessuitlocation and Njoro Division within the Nakuru County or the Mau
Forest outskirt ·
4. According to the Complainants, -the victims and their families have occupied the
said land since time immemorial because the same was ancestral and did indeed
support their lifestyle as the hunter-gatherer Ogiek community
5. The Complainants allege thatindeed ~he victims herein have subsisted on the said
lands as have their ancestors since they were toddlers and the same was a forest
as opposed to arable land.
6. The Complainants claim that their relatives and their ancestors have been interred
therein and the land holds sacred trees and shrines of utmost importance to the
Victims and their community.
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7. The Complainants further allege that notwithstanding the abo
State has illegally and un-procedurally moved into the Victim
purportedly with the help of their armed services forcefully
tearing down their premises and abodes without notice an
circumstances that the Victims file this application.
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8. The Complainants submit that the Victims herein are indeed the Victims in Nairobi
ELC Suit No. 821 of 2012 as against the Attorney General, Provincial
Commissioner Rift Valley Province, Rift Valley Provincial Forests Officer, District
Commissioner Nakuru, Wilson Chepkwony and the Director of Forestry being the
first to sixth Respondents respectively.
9. The Complainants submit that indeed the Victims herein were successful, and the
Court pronounced itself in their favour, ordering inter alia:
a. This Court hereby declares that the right to life protected by Section 71 of
the previous Constitution and Article 26 of the 2010 Constitution the right to
dignity under Article 28 of the 2010 Constitution · and the economic and
social rights under Article 43 of the Constitution, of the affected members of
the Ogiek Community in Marioshioni Location, Elburgon Division, Nessuit
Location and Nioro Division within Nakuru in the Mau Forest Complex
including the Victims has been contravened _and is being contravened by
their forcible eviction from said locations without resettlement and that said
members of the Ogiek Community ~ave ·been deprived of their means of
livelihood.
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b. This Court hereby declares the eviction of the Victims and other members
of the Ogiek Community from Mariashioni -Location, Elburgon Division,
Nessuit Location and Nioro Division, Nakuru in the Mau Complex is a
contravention of their right not to be discriminated against under Section 82
of the previous Constitution and Article 27 and 56 of the 2010 Constitution,
as it has resulted in the Victims being unfairly prevented from living in
accordance with their culture as farmers, hunters and gatherers in the
Forests.
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c. The National Land Commission is hereby directed to, within one year of the
date of judgment, identify .and open a register of members of the Ogiek
Community in .consultations with the Ogiek Council of Elders, and identify
land for thei settlement of the said Ogiek members and the Victims who were
· to be. settled ·in the excised area Mariashioni Location, Elburgon Division,
Nessuit Location and Njoro Division in Nakuru and have not yet been given
land in line with the recommendations in the Report of the Government Task
Force on the Conservation of the Mau Forest Complex published in March
2009.
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d. The Victims shall serve a copy of the Judgment and orders herein to the
Chairman of the National Land Commission within 30 days of the date of
this Judgment.
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e. The 1st 2nd 3rd 4th 6th Respondents shall meet the costs of ,s-'ilil'it~ET4 ,;,,<1;,i.o-<>
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10. The Complainants• submit that indeed even though the Respon ~nt
partially adhered to the ruling of the Court in so far as making a re ·~teJ,4
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the members of the Ogiek Community the process has been marred with lethargy
and indeed disinterest as they are yet to be resettled in the terms of the ruling
above.
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11. The Complainants submit that due to the above and the States non-adherence to
the orders of the local Courts the complainants have exhausted all local remedies
t~us necessitating the current complaint.
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12. The Complainants allege that the unlawful evictions and demolition of the Victims'
land violate Articles 1, 4, 5, 8, 12(1), 14, 17(2) & (3), 22, and 23( 1) of the Charter.
13. The Complainants claim that the case has not been submitted to any other
international dispute settlement body or institution of similar jurisdiction. _: .
Articles alleged to have been violated:
14. The Complainants allege a violation of the following Articles of th_e African Charter
on Human and Peoples' Rights (the African Charter) Articles 1; 4; 5; 8; 12(1 ); 14;
17(2) & (3); 22 and 23( 1)
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Prayers:
15. The Complainants request the African Commission on Human and Peoples' Rights
to recommend to the Government of Kenya that it should forthwith cease the
evictions of the Victims with immediate effect and strictly adhere to the judgment
issued by Honourable Court in the cases serialised as: Nairobi ELC Suit No. 821
of 2012, failure to which it shall refer the matter to the African Court of Human &
Peoples Rights
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Procedure:
16.The Complaint was received by the Secretariat of the African Commission on 07
January 2025 and receipt acknowledged on the same date.
17. On the 11 April 2025 the Parties were informed of the seizure of the Complaint,
and the Complainants was invitep to submit Arguments and Evidence on
Admissibility and Merits within sixty (60) days, in accordance with Article 115(1) &
116( 1) of the 2020 Rules of Procedure of the Commission.
The Commission's Analysis on Strike Out:
18. The Commission recalls that the 2020 Rules of Procedure reg
Article 55 communications: once seized (Rule 115), the Sec
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the complainant's arguments and evidence on admissibility and merits within sixty
(60) days, and the Commission may impose further time-limits and call for
additional information (Rule 116(1 ), (3)-(4)); moreover, in the absence of a specific
provision, the Commission retains residual authority to regulate procedure and
ensure the efficient operation of its Secretariat, including interpreting its own
decisions (Rule 1(2) and Rule 3(1 ), (4)-(6)).
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19. Consistent with th'?se provisions, the Commission has repeatedly struck out
communications for want of diligent prosecution where, after seizure and
notification, complainants failed to file the required submissions or otherwise
evinced no intention to proceed-see Shereen Said Hamd Bakhet v. Arab
Republic of Egypt,{strike-out for lack of diligent prosecuti-on)1; European
Alliance for Human Rights and Others v. Egypt2 (same, referencing Fayad
Allah3 and Kofi Yamagnane v. Togo4' and the ,Commission's strike-out decision
against Kenya which cites Faramawy & Others5 that reaffirmed that, under Rule
105( 1) and Rule 113 of the 201 O Rules of Procedure (now reflected in Rule 116(1)
and Rule 98 of the 2020 Rules), a complainant must file admissibility submissions
within the prescribed time or seek an exter1sion, failing which the matter may be
struck out for want of diligent prosecution.
20. In the Communication at hand, the Commission notes that after the Complaint was
seized, the Complainant was invited to present the Arguments and Evidence on
the Admissibility and Merits of the Communication within sixty (60) days of receipt
of the notification.
21. The Commission notes that the Complainant did not present its Arguments and
Evidence on Admissibility and Merits within the sixty (60) days' notice. Further, the
Complainant also-.did not respond to the email of the Secretariat drawing his
attention to submit ·on Admissibility and Merits, and that the failure to respond can
be a ground for a strike out. • •
22. The Commission notes that more than two (2) months have passed after the end
of the sixty (60) days' notice to submit Arguments and Evidence on Admissibility
and Merits of this communication, and the Complainant has not done so.
23. In view of the foregoing, the Commission notes that the Co
expressed an interest in pursuing the present Communic
I Comm. 658/17
2 Comm. 544/15
3 Comm. 594/15
4 Comm. 387/10)
5 Comms. 637/16 & 639/16
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Commission therefore does not have sufficient information to determine the
admissibility of the Communication.
The Commission's Decision on Strike Out
24. In view of the above, the Commission decides to strike out the present
Communication against the Republic of Kenya for lack of diligent prosecution.
Done at Banjul, The Gambia, at its 85th Ordina
2025
f-r:om 07 - 30 October
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