What are useful land rights cases from Kenya?

Namati has a volunteer based in Kenya, Wangũi Kamonji @wanguik, who is helping us to build our Community Land Rights CaseBase, a free, searchable database of court decisions and case law concerning community or indigenous land and natural resource rights. We already have some cases from Kenya in the database, but we are sure that there are many more to add.

Wangũi is tasked with identifying and collecting cases from Kenya - do you have any suggestions for her?

We would greatly appreciate it if you could suggest any legal or court cases that she should include in her search. It would also be very helpful if you could send her copies of any relevant legal decisions that you may already have, or offer suggestions of good places to find full-text decisions or people who might be able to assist. You can send these to communitylandprotection@namati.org or upload them through CaseBase.

Any assistance or suggestions that you can provide would be most helpful for this project!

And if you have cases from other countries that you think are missing from the database, please email us or upload them - we will build this database together!

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I’m very excited that you’re seeking to add casebase cases from Kenya. I’ve spread the word with my friends in Kenya via twitter. Let me know how it works out and how I can help! Are you able to invite Wangũi to join the network?

#kenya peeps! Help spread the word about the @GlobalNamati #landrights #CaseBase https://t.co/s1IvD2pLp0

— Tobias Eigen (@tobiaseigen) January 28, 2016
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Hi @marenabrinkhurst - glad to see the casebase is growing!

The African Commission on Human and Peoples’ Rights recently (in 2015) released a decision in the Ali vs. Kenya case (also known as the Nubian Community in Kenya vs. Kenya case) - the findings relate to both citizenship and community land. I see the case in the casebase, though without the details - I will email through the text of the decision itself to Wangũi!

I’ll also spread the word with a few contacts in Kenya to see if you can get more recommendations on cases to include!

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@wanguik - maybe you can give us an update on cases that you are working to track down judgments for? And feel free to ask our community of expert practitioners for ideas and advice - I know we have @Husna_Mbarak @OginaHill @SAMORAI @mustafa_mahmoud from Kenya, who else from Kenya is online?

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There is the judgement on the Ogiek case known as the Joseph Letuya & 21 others v Attorney General & 5 others which was ruled in Mar 17, 2014 in favour of the community though the recommendations were not implemented. The other live case is the Ogiek case in the African court on peoples and human rights.The case is in progress whilst the community seeks restitution to of their ancestral land.

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