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African Commission on Human and Peoples’ Rights v. Republic of Kenya
Published online by Cambridge University Press: 01 January 2021
Abstract
International tribunals — African Court on Human and Peoples’ Rights — Jurisdiction — Temporal jurisdiction — Date of entry into force of Protocol to African Charter on Human and Peoples’ Rights on Establishment of African Court on Human and Peoples’ Rights, 1998 — Continuing nature of alleged violations — Personal jurisdiction — Territorial jurisdiction — Admissibility of application — Exhaustion of local remedies — Provisional measures of protection
Human rights — Indigenous peoples — Right to freedom from discrimination — Right to life — Freedom of religion — Right to property — Right to culture — Right to disposal of natural resources — Right to development — Kenyan Forest Ministry issuing eviction notice requiring removal of Ogiek community from the Mau Forest Area — Whether Kenya violating Articles 1, 2, 4, 8, 14, 17(2) and (3), 21 and 22 of African Charter on Human and Peoples’ Rights, 1981
Treaties — African Charter on Human and Peoples’ Rights, 1981 — Protocol on Establishment of African Court on Human and Peoples’ Rights, 1998 — Jurisdiction of Court — Whether extending to acts occurring before entry into force of Protocol
Treaties — African Charter on Human and Peoples’ Rights, 1981 — Protocol on Establishment of African Court on Human and Peoples’ Rights, 1998 — Order for Provisional Measures — Whether court having prima facie jurisdiction
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- © Cambridge University Press 2019