The Court composed of: Sophia A.B. AKUFFO, President; Fatsah
OUGUERGOUZ, Vice President;
Bernard M. NGOEPE, Gerard
NIYUNGEKO, Augustine S. L. RAMADHANI , Duncan TAMBALA , Elsie N.
THOMPSON , Sylvain ORE, El Hadji GUISSE and Kimelabalou ABA Judges; and Robert ENO - Registrar,

In the matter of:

AFRICAN COMMISS ION ON HUMAN AND PEOPLES' RIGHTS
v.

THE REPUBLIC OF KENYA

Whereas,

1. The Court received, on the 121h of July 2012, an application by the
African Commission on Human and Peoples' Rights (hereinafter
referred to as 'the Applicant'), instituting proceedings against the
Republic of Kenya (hereinafter referred to as 'the Respondent'), for
alleged serious and massive violations of human rights guaranteed
under the African Charter on Human and Peoples' Rights (hereinafter
referred to as 'the Charter');
2. The application is brought in terms of Article 5(1 )(a) of the Protocol to
the African Charter on Human and Peoples' Rights on the
Establishment of an African Court on Human and Peoples' Rights
(hereinafter referred to as 'the Protocol');
3. The Applicant, in its application , submits that, on 14 November 2009,
it received , against the Respondent, a complaint, on behalf of the
Ogiek Community of the Mau Forest asserting that:
- They are an indigenous minority ethnic group comprising about
20,000 members, about 15,000 of whom inhabit the greater Mau
Forest complex, a land area of about 400,000 hectares, straddling
about seven administrative districts,
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