The Ogiek’s Struggle for Autonomy and Redefining Democracy in Kenya’s Mau Forest

Daniel M. Kobei

The Mau Forest complex has been home to the Ogiek community for thousands of years. However, their traditional way of life is increasingly under threat as they face forceful evictions from their ancestral lands. The Ogiek community’s struggle for land rights and recognition of customary laws illuminates profound insights into autonomy, democracy, and power dynamics. Their journey underscores the transformative potential of ‘power-with’ and ‘power-to’ paradigms, challenging conventional notions of political and economic democracy.

Note: This article was originally published in “Radical Democracy: recovering the roots of self-governance & autonomy” by the Global Tapestry of Alternatives in December 2025.

The Ogiek community1 is an indigenous with an approximate population of 52,0002 people according to the 2019 Kenyan National Census report. This community has been living in six counties (Narok, Nakuru, Kericho, Uasin-Gishu, Nandi and Baringo) within Mau Forest complex. They have for long traditionally managed their environment with intricate knowledge of flora and fauna, which has played a crucial role in preserving the forest’s ecological balance. The Ogiek people have historically lived in harmony with the Mau Forest complex in Kenya, relying on the forest for sustenance, cultural practices, and spiritual beliefs3. Their journey intertwines with broader questions of political and economic democracy, offering insights into alternative power dynamics and expanded notions of democracy beyond human realms.

However, their traditional way of life has been increasingly threatened by external forces such as perennial evictions4 having them forcefully evicted from their ancestral lands due to forced climate change solutions over their indigenous rights and are presumed to be prompted by the active carbon markets/carbon credits evolving business. For instance, the evictions that took place in November, 2023 left some significant losses to the community, not limited to the loss of their land. In the area of Sasimwani Narok County, over 200 families5 were displaced from their homes, over 42 children have currently not been going to school because all of them were burnt, the community lost their livelihoods such as small crop farming, beekeeping and loss of their valuable cultural artefacts among others. This exemplifies a profound struggle for autonomy and recognition within the context of democracy and legal rights.

Land rights are a foundation for political and social empowerment, and legal recognition of their land rights will offer the Ogiek community protection against forced evictions and land grabs. This stability allows the Ogiek to invest in long-term economic activities without the constant threat of displacement. The perennial evictions and pressures have instead marginalized the Ogiek, pushing them to the fringes of society and endangering their cultural heritage and livelihoods. In recent decades, the Ogiek Peoples’ Development Program (OPDP) has been at the forefront of legal battles to secure the communities’ ancestral land, which has often been targeted for conservation or commercial purposes by external entities. This struggle culminated in significant legal victories: the legal victory judgement on merits in May 20176 and the subsequent victory on the reparation ruling7 in June 2022 at the African Court on Human and Peoples’ Rights8 in Arusha, Tanzania.

The Ogiek’s struggle for autonomy primarily revolved around their land rights and legal recognition of customary laws. Therefore, their quest for autonomy intersects with dimensions of political and economic democracy in several ways. The Ogiek’s fight for land rights and recognition challenges conventional power structures where indigenous communities are often marginalized in decision-making processes. For instance, in Kenya, the Ogiek community has no significant number of representatives holding Government positions and who can participate more effectively in decision- making processes that affect their lives, asserting their autonomy and influencing policies in their favour. This means that the only avenue to air out their grievances is through collective advocacy efforts within the community. The Ogiek make decisions in a three tier governance Elders, Women and youth structure, however traditional way of decision making was through the Clan elders which for the Ogiek council of elders, herewith Gotoop Sogot Council of elders. In the contemporary period women are now involved unlike before, similarly with the youths. They all subscribe to the Ogiek Council of elders as the supreme body.

The Ogiek Community during the International Day of the Indigenous People

Ogiek Peoples’ Development Program (OPDP)9 has greatly helped the community to underscore the importance of inclusive democracy that respects and integrates diverse cultural perspectives and governance systems. Through OPDP the community registered the Council of Elders named ‘Gotoop Sogoot Council’ in 2019. The Council of Elders have been actively engaging the government to push for the implementation of the African Court Judgement, which reflects the struggle as a shift towards notions of ‘power-with’ and ‘power-to’ rather than ‘power- over’. The Ogiek Council of Elders have also submitted their historical land injustices to National Land Commission (NLC) and got their determination10 making recommendations to the Ministry of land to allocate land to the Ogiek community of Mau forest complex. Their collective action and advocacy are rooted in community solidarity and self-determination, challenging hierarchical power structures imposed by colonial legacies and modern state policies.

The Ogiek’s economic autonomy is also deeply connected to their land rights, considering that their livelihoods are more dependent on their distinct territories. Securing land rights allows the Ogiek to preserve their cultural heritage and traditional knowledge systems, which are often intertwined with their economic practices. This cultural continuity supports intergenerational learning and maintains the community’s identity. By securing legal recognition of their lands, they regain control over resources crucial for their livelihoods, such as honey harvesting, hunting and indigenous medicinal plants. This autonomy challenges dominant economic models that prioritize profit over sustainability and community well-being while upholding ecological knowledge which also promotes sustainable resource management practices.

By recognizing their land rights, these practices can be upheld and serve as models for sustainable development, countering the environmental degradation often associated with profit-driven exploitation such as the looming carbon markets business. Access to their ancestral lands also ensures food security for these communities, enabling them to continue with traditional farming
that maintains their indigenous food systems, beekeeping and hunting practices that provide diverse and nutritious food sources, reducing dependency on external food systems.

With control over their lands, the Ogiek community can explore better and more diverse economic opportunities, such as eco-tourism, sustainable forestry, and the sale of traditional crafts and products. This diversification can provide resilience against economic shocks and external market fluctuations.

Indigenous land management practices can also play a significant role in climate change mitigation, enhancing biodiversity, adaptation, cutting on carbon and reducing greenhouse gas emissions and greatly aligning with global climate goals and potentially attracting support and funding for climate resilience projects. By securing land rights, the Ogiek can protect their ecosystems from destructive
activities like deforestation, contributing to global biodiversity conservation efforts. This will enable them to maintain their traditional medicinal practices, which are integral to their health and well- being. This autonomy over healthcare can reduce reliance on conventional medicinal systems and
preserve valuable indigenous medicinal knowledge.

With secure land rights, the Ogiek can develop educational programs that incorporate traditional knowledge with modern skills, fostering a well-rounded development that supports both cultural preservation and economic growth.

The Ogiek experience demonstrates how political and economic democracy are intertwined. Legal recognition of their land rights not only empowers them politically but also economically, allowing them to sustain their traditional practices and economic activities without external interference.

The Ogiek’s deep connection to their ancestral lands emphasizes the importance of environmental democracy, where ecosystems have intrinsic value, and communities are stewards rather than exploiters. Currently, the Ogiek community, through OPDP are actively taking part in restoration efforts through the growing of Indigenous trees within their territories. Recognizing that indigenous rights intersect with broader struggles for human and environmental rights, it then necessitates a holistic approach to democracy that acknowledges and respects diverse forms of knowledge and governance.

Herbalist Rusia at the Ogiek Hebarium

The Ogiek community’s struggle for autonomy and recognition of customary laws illuminates profound insights into autonomy, democracy, and power dynamics. Their journey underscores the transformative potential of ‘power-with’ and ‘power-to’ paradigms, challenging conventional notions of political and economic democracy. By securing legal rights to their ancestral lands, the Ogiek community through OPDP, is reclaiming their autonomy and revitalizing their cultural heritage11 in ways that resonate globally, offering lessons for envisioning a more inclusive and sustainable future where democracy expands beyond human boundaries.

The Ogiek community, through the cultural Centre have created a home for cultural growth of Ogiek, they have established the only Ogiek Museum in Kenya, where the Ogiek children have the opportunity to engage with Ogiek elders and learn the use of Ogiek artefacts. The Centre is endowed with the scenery of indigenous trees and an excellent landscape and Ogiek cultural village, within the village is the only Ogiek herbarium. The Centre also serves as a learning centre for the Ogiek for both language and adult education, most Ogiek around the Nkareta area of Narok County. The Profound knowledge of Ogiek women in herbal and traditional medicine is one sector where promotion of Ogiek culture has excelled.

Daniel Kobei is the Founder and Executive Director of the Ogiek Peoples’ Development Program (OPDP), a Kenyan NGO with ECOSOC Status since 2019.OPDP works to advance the human rights,land rights, and well- being of Indigenous Peoples (IPs), particularly the Ogiek community, in Kenya and across Africa. A dedicated human rights defender and community development expert, Kobei has participated in high- level discussions on Indigenous land tenure, environmental protection, and sustainable development.

Footnotes

  1. Pg 3. of the Ogiek community Bio-cultural Protocol 3rd Edition. Available on: https://ogiekpeoples.org/ download/ogiek-community-bio-cultural-protocol ↩︎
  2. Volume IV – Kenya Population CHC-2019. Available on: https://www.knbs.or.ke/download/2019-kenya- population-and-housing-census-volume-iv-distribution-of- population-by-socio-economic-characteristics/ ↩︎
  3. Ogiek Community Video on Culture. Available on: https://www.youtube.com/watch?v=LeSYu0yYfcI ↩︎
  4. BBC News coverage on the evictions at Sasimwani in November 2023. Available on: https://www.bbc.com/news/world-africa-67352067 ↩︎
  5. Evictions-in-sasimwani. Available on: https:// www.kbc.co.ke/ogiek-community-in-narok-decries-latest- evictions-in-sasimwani/ ↩︎
  6. Africa court ruling on the Ogiek case. Available on: https://ogiekpeoples.org/download/african-court-ruling- on-the-ogiek-case ↩︎
  7. On the Ogiek reparation case. Available on: https:// ogiekpeoples.org/download/african-court-judgment-on-
    the-ogiek-reparation-case ↩︎
  8. See: https://www.african-court.org/wpafc/ ↩︎
  9. See: http://www.ogiekpeoples.org
    ↩︎
  10. Determination of the Ogiek Historical Land Injustices. Available on: https://landcommission.go.ke/ download/final-determination-ogiek-community-of- mau-forest-complex-march-2024–2 ↩︎
  11. Restoration Efforts by the Ogiek community through OPDP. Available on: https://x.com/ OgiekPeoples/status/1782311802119844095
    ↩︎

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