Indigenous communities seeking justice for historical land injustices (HLI) have been urged to document evidence to bolster their legal claims. Human rights and land law experts emphasized that accurate documentation, including oral histories, photographs, and videos, can provide critical support in pursuing justice.
Caroline Khasoa of the Law Society of Kenya (LSK) and convener of the Land, Environment, and Climate Change (LECC) Baraza reassured attendees at a conference in Nairobi that even oral evidence is admissible in Kenyan courts. “Your forefathers may have died, but they passed down evidence through community stories. Record these stories and photograph significant landmarks,” Khasoa said, highlighting the constitutional protection of customary land tenure.
Citing the Mau Mau case, she noted how litigants successfully collected witness statements between 2006 and 2009, resulting in a 2013 ruling where the British government compensated claimants.
The conference brought together communities from across Kenya, including Turkana, Maasai, Ogiek, and Endorois, among others. The National Land Commission’s (NLC) Commissioner, Esther Murugi, pledged to resolve all HLI claims before the statutory deadline of 2026. Legislators Sarah Korema and Titus Lotee expressed their support for strengthening the NLC and addressing ongoing land injustices.
Faith Alubbe, CEO of the Kenya Land Alliance, stressed the importance of procedural justice, ensuring affected communities—both directly and indirectly—receive equitable remedies. “Justice must start on the right footing,” Alubbe said, urging communities to engage spatial planners and surveyors in their cases, as the NLC acts on surveyed land.
She also encouraged communities to escalate unresolved issues to international mechanisms like the Human Rights Council, United Nations Special Rapporteurs, and other global human rights entities. She cited the Talai community’s success in securing justice through the Human Rights Council in Geneva after local courts failed to implement awards effectively.
Challenges to resolving HLIs include limited access to information, conflicting laws, abuse of power, and a lack of political goodwill. The Ndung’u Report and the Truth, Justice, and Reconciliation Commission (TJRC) findings remain largely unimplemented. Alubbe also criticized procedural flaws, such as relocation efforts that disregard the Land Act of 2012, and skewed compensation initiatives.
During the conference, Amos Musyoka from the Ministry of Lands revealed that Lamu County is classified as public land, prompting calls for transparency. Communities demanded an inventory of public lands, regulation of land leases, and the abolition of colonial land titles.
Participants also pressed for the implementation of the TJRC and Ndung’u reports, along with a formal apology and justice from individuals and corporations responsible for HLIs.
“Admitting wrongdoing and serving justice are crucial steps toward reconciliation and resolution,” attendees concluded, signaling their determination to pursue justice for historical grievances.