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African Commision on Human and Peoples Rights v Republic of Kenya (Application No. 006-2012)

African Court on Human and Peoples' Rights · [2021] AfCHPR 37 · 2021 Hearing Adjourned — Proceeding on Written Submissions AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Procedural order on reparations phase following judgment on merits delivered 26 May 2017
Decision
Reparations phase to proceed on written submissions without public hearing

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Court adjourned sine die the public hearing on reparations that had been repeatedly postponed due to the COVID-19 pandemic and challenges in scheduling. The Court invoked Rule 90 of its Rules and decided that the reparations phase shall be disposed of on the basis of the parties' written pleadings and submissions already filed, rather than through oral hearing.

Outcome

Reparations phase to proceed on written submissions without public hearing

Facts

On 26 May 2017, the Court delivered judgment on the merits finding Kenya violated multiple Charter provisions regarding the Ogiek Community of the Mau Forest Complex. The Court reserved determination on reparations. Both parties filed submissions on reparations. A public hearing was scheduled for 6 March 2020 but was adjourned due to parties' unavailability. It was rescheduled for 5 June 2020, then adjourned sine die on 18 May 2020 due to COVID-19. Further attempts to schedule virtual hearings in September 2020 and June 2021 were unsuccessful, with Kenya citing pandemic-related difficulties and expressing reservations about virtual hearings involving witness examination. Both parties and amici curiae had filed responses to the Court's list of issues.

Issues

  1. Whether the public hearing on reparations scheduled for 8 and 9 June 2021 should proceed or be adjourned.
  2. What procedure should be adopted for finalizing the reparations phase given the challenges posed by the COVID-19 pandemic.

Orders

  • Public hearing scheduled in this matter adjourned sine die.
  • Reparations phase of this Application to be disposed of on the basis of the Parties' written pleadings and submissions.

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

African Commision on Human and Peoples Rights v Republic of Kenya (Application No. 006-2012) [2021] AfCHPR 37 (25 June 2021)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.