Kenya came under sharp scrutiny at the United Nations after a panel of independent experts confronted the government over alleged abuses against indigenous and marginalised communities.
During the review before the Committee on Economic, Social and Cultural Rights in Geneva, Committee members questioned Kenya’s human rights record, accusing the State of persistent violations of land and cultural rights, forced evictions and failure to honour binding regional court rulings
Julieta Rossi, Committee Expert and Leader of the Task Force for Kenya, said information received showed the extremely adverse effects on economic, social, cultural and environmental rights from the state’s actions.
Experts pressed Nairobi over continued forced evictions and displacement of groups such as the Endorois, Ogiek and Sengwer, citing destruction of homes, confiscation of livestock and exclusion from ancestral lands. The Committee noted that these actions persist despite clear legal protections under Kenyan law and international obligations.
“The Committee requested clarification on the scope and implications of the September 2024 ruling of the Nakuru Environment and Land Court in relation to the rights of the Ogiek people over their ancestral lands and how respect for the State’s international obligations were guaranteed in this case,” the experts’ report said.
At the centre of the criticism is Kenya’s failure to implement landmark rulings by local and continental courts. The government has yet to fully comply with decisions by the African Commission on Human and Peoples’ Rights in favour of the Endorois community, as well as judgments by the African Court on Human and Peoples’ Rights in 2017 and 2022 affirming the land rights of the Ogiek people.
Those rulings ordered restitution of ancestral lands, compensation and recognition of indigenous land tenure systems, directives that remain largely unimplemented years later, raising questions about Kenya’s commitment to the rule of law.
The Committee also sought clarification on a 2024 ruling by Kenya’s Environment and Land Court in Nakuru concerning Ogiek land rights, pressing the government on whether domestic decisions align with international obligations.
In a further rebuke, the panel highlighted systemic barriers to justice, including limited access to legal aid, weak enforcement of rights, and delays in land registration under the Community Land Act. Experts questioned whether victims of rights violations, especially in remote and marginalised regions, can realistically access remedies.
There were also concerns about corporate accountability, with the Committee probing how Kenya regulates large infrastructure projects, including the Lamu Port-South Sudan-Ethiopia transport corridor, amid claims of displacement and inadequate consultation with affected communities.
Kenya’s delegation led by Justice and Huma Rights PS Judith Pareno defended its record, pointing to constitutional protections and policy reforms.
Among the interventions cited was the 2025 national policy on ethnic minorities and marginalised groups.
The delegation said efforts were underway to issue community land titles, strengthen representation and improve access to public services.
They also cited initiatives such as the Endorois biocultural community protocol, which they said supports benefit-sharing and safeguards cultural heritage.
However, the Committee’s line of questioning underscored a widening credibility gap between policy commitments and implementation on the ground.
While experts acknowledged progress in expanding social protection programmes over the past decade, they made clear that economic gains cannot come at the expense of fundamental rights.
The review painted a picture of the government struggling to reconcile development, conservation, security and human rights, with indigenous communities continuing to bear the brunt of that imbalance.
