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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:The role of courts in protecting indigenous peoples' rights to land and resources in Kenya and South Africa
Author:Wachira, George MukundiISNI
Year:2007
Periodical:East African Journal of Peace and Human Rights (ISSN 1021-8858)
Volume:13
Issue:2
Pages:240-269
Language:English
Notes:biblio. refs.
Geographic terms:Kenya
South Africa
East Africa
Subjects:land rights
jurisprudence
indigenous peoples
Dorobo
San
Nama
law
Land tenure--Law and legislation
Right of property
External link:https://www.ajol.info/index.php/eajphr/article/view/39353
Abstract:This article discusses the extent to which courts have been utilized and how they have fared in recognizing indigenous peoples' rights to communal landownership. Using Kenya - the Ogiek community - and South Africa - the Khoi-Khoi and Khoi San - as case studies, the article traces the efforts and outcomes indigenous peoples have made in espousing their rights to land before domestic courts. The article discusses the circumstances leading to lodgement of the cases in court and the reasons for the communities' reliance on the judiciary. It analyses the role of the different actors and the nature of the courts' response to the indigenous peoples' claims and the status of the implementation of the courts' decisions. While in South Africa, the courts recognized indigenous land claims, the Kenyan case study demonstrates that they have failed to do so. The paper analyses the factors and possible reasons that lead the courts to arrive at different verdicts despite the similarity in circumstances. Notes, ref., sum. [Journal abstract]
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