Ogiek decry fading culture due to delayed implementation of Arusha Landmark ruling in their case Against Kenyan Government

The delayed implementation of Arusha African Court Landmark ruling on Ogiek Peoples’ rights and recognition has continued to negatively impact the cultural aspect of the indigenous community.

This was revealed on Friday August 15, 2025 at Nkareta Ogiek Cultural Centre in Narok County during the 6th annual Ogiek Peoples’ cultural day.

Speaking during the event, Ogiek Peoples’ Development Program Director Daniel Kobei was categorical that the delayed implementation of the ruling continues to violate the rights of Ogiek.

He added that the members of the community had a culture of living together on ancestral land and would gather and hunt for wild animals, engage in bee farming as they conserve the forests.

However, their denial of ancestral land despite African Court pronouncing itself clear in the matter continues to impact negatively on the Ogiek culture.

“The delayed implementation of the Arusha Landmark ruling for sure is affecting the Ogiek negatively. We used to have a culture of meeting often because were peoples living on one ancestral community land,” he said.

It should be noted that a significant landmark ruling from the African Court on Human and Peoples’ Rights in Arusha is the Ogiek case, which found Kenya guilty of violating the rights of the Indigenous Ogiek community by denying them ancestral land and cultural recognition.

In rulings in 2017 and 2022, the court ordered Kenya to grant the Ogiek a collective title to their ancestral lands, provide compensation, and formally recognize their Indigenous status, a ruling that set an important precedent for indigenous rights in Africa.

The court determined that Kenya violated the rights of the Ogiek community, specifically their rights to life, property, religion, culture, and development.

The ruling addressed the denial of the Ogiek’s access to their ancestral lands in the Mau Forest, their cultural practices, and their identity as an Indigenous people.

The court mandated that the Kenyan government provide compensation and reparations for the harm caused and formally recognize the Ogiek as an Indigenous community.

The court ordered the government to identify, demarcate, and grant collective title to the Ogiek’s ancestral lands.

The case is currently in a new phase of monitoring to ensure Kenya’s compliance with these directives.

And even as members of indigenous Communities drawn from Narok, Baringo, Nakuru, Kericho, and Uasin Gishu mong other Counties gathered at the Nkareta Ogiek Cultural Centre, their plea remained one that the government adheres to the ruling and implement what the court ordered.

Ogiek Peoples’ Development Program (OPDP) Director Daniel Kobei noted that failure by Government to implement Arusha Landmark ruling in Ogiek rights pertaining ancestral land has continued to derail cultural practices of the community.

According to Kobei, the Ogiek Community had a culture of joy and appreciation but due to the challenges faced by the community this is never the same.

Meanwhile, he challenged the elderly members of the Ogiek and community at large to also allow students from learning institutions to come and learn about the culture of the Ogiek.

He added that without the Ogiek language, then the day becomes irrelevant and lacks value.

“Without language there is no culture and that is why we are calling on the community to embrace the language,” he stated.

Kobei at the same lauded the sponsors of the event for supporting the same.

He was however quick to challenge government officials to be gracing such events for the Ogiek Community as the members too have votes that can make a plus to the President.

“Ogiek Peoples should not be left out by government on matters education. We know our children are now going to schools and even Universities and we are telling them let’s come together to support our community,” he stated.

The Ogiek Cultural Centre in Nkareta, Narok North in Narok County.PHOTO/PRISTONE MAMBILI

The OPDP Director lauded the milestone made in coming up with the Cultural Centre and called on government through the National Museums to continue supporting the centre.

He reiterated the need for government to ensure implementation of the ruling which identified Ogiek Peoples’ as having right to ancestral land in Mau complex.

According to Kobei, the Ogiek community is calling for community land title deed, and not demarcations or subdivisions, adding that the Arusha Landmark court ruling was very clear on the same.

“What we applied for was customary Title deed and that is ancestral or what we call community land title so that we can go on with our cultural practices as we used to before,” he said.

On his part late retired President Daniel Moi’s former Press Chief Lee Njiru who graced the event, lauded Kobei for inviting him.

He pointed out that he has so much respect for the Ogiek Peoples who have continued to demonstrate unity despite being minority.

“Whatever happened since independence is that we were lied to that the People of Kenya are one. The people of Kenya are many in different tribes and each tribe needs to get their share of the national cake no matter whether you come from minority or majority,” he stated.

While pointing out that the Ogiek Community has continued to receive empty promises, Njiru called on government to ensure a full Ministry for the Minority and the Ministry should have civil servants from the minority community.

However, Head of Minorities and Marginalized Communities Affairs Unit under the office of the President Mr.Josephat Lowoi Lodeya in a government speech, noted that the event is key in honoring heritage of the Ogiek Peoples.

He affirmed the commitment towards preservation of the rich culture of the Ogiek towards socio-economic and diverse fabric of the nation.

On the issue of carbon credits, he pointed out that a significant percentage of the profits and proceeds will benefit the Ogiek.

He maintained that the government is committed to recognizing community land ownership as per the 2016 Act.

“The government respects the historical injustices faced by Ogiek and is determined to implement the Arusha Landmark ruling towards bringing an end to the suffering. Further discussion on the issue will be done with the leaders of the Ogiek on way forward,” he stated.

Cultural preservation, he noted remains a key in the country and the government is working towards supporting minority history and cultural history incorporated into the curriculum.

A policy on marginalized communities, he said is in Pipeline and is being crafted with extensive collaboration to ensure all needs and interests of the communities are addressed.

“We stand with Ogiek where the law applies and as a government we shall continue to do what we can,” he said.

He challenged the GenZs and upcoming generations of the Ogiek Community to ensure when doing their content, they do so in Ogiek language.

According to him, time is now for history to be done by the local communities.

He also challenged the community to ensure they take their children to school.

Guests during a time at the Ogiek Village within Nkareta Ogiek Cultural Centre on August 15, 2025.PHOTO/PRISTONE MAMBILI

Sentiments echoed by Director Research under the Executive Office of the President Minorities and Marginalized Communities Affairs Unit Ms Namwezi Zitah who noted that the rights and culture of Minorities in the country are protected.

Ogiek Council of Elders Chairman John Sironga noted that the court pronounced itself clear on the Mau as ancestral land for the Ogiek Community.

Sarah Osas representing the Ogiek Community women was categorical that the issue of resettlement of Ogiek should not be politicized by each and every government.

During the event, members of the Ogiek Community showcased various aspects of their culture from food, medicine to dressing attire.

There was also a demonstration of Ogiek Traditional wedding at the Ogiek Village within the Nkareta cultural centre.