The recent ruling on reparations of the African Court on Human and Peoples’ Rights
regarding the Republic of Kenya established the territorial rights of the Ogiek Indigenous
peoples over the Mau Forest Complex. The Ogiek people had been continuously evicted
from their ancestral land since the creation of the Protected Area in the 1930s. The article
explores how Protected Areas (PAs) are based upon a colonial idea of uncontaminated nature
that should be void of any human presence in order to realize environmental protection and
biodiversity conservation. It delves into the case of the Ogiek people by analysing the status
of their right to property over the Mau Forest. It also analyses the doctrine of eminent
domain in Kenya in relation to land acquisition for the creation of PAs, highlighting why it
could not be applied to the land taken from the Ogiek. Then, the article illustrates the main
features of the African Court decisions relating to monetary and non-monetary reparations
owed to the Ogiek people and to the right to consultation and to Free, Prior and Informed
Consent. Finally, the article prescribes some general recommendations on possible ways to
manage environmental conservation with due respect to human rights, suggesting practical
examples of Indigenous involvement on the management of PAs
