Decision of the Commission on the Merits
171. Based on the above, the African Commission on Human and Peoples’ Rights:
i. Finds that the Republic of Kenya has violated Articles 1, 2, 3, 5, 12, 13, 14, 15, 16, 17 (1) and 18 of the African Charter on Human and Peoples’ Rights;
ii. Requests the Republic of Kenya to
a) Establish objective, transparent and non-discriminatory criteria and procedures for determining Kenyan Citizenship;
b) Recognize Nubian land rights over Kibera by taking measures to grant them security of tenure;
c) Take measures to ensure that any evictions from Kibera are carried out in accordance with international human rights standards.
iii. Inform the Commission, in accordance with Rule 112 (2) of the Commission’s Rules of Procedure, within one hundred and eighty days (180) of the notification of the present decision of the measures taken to implement the present decision.
Done in Banjul, The Gambia at the 17th Extraordinary Session of the African Commission on Human and Peoples’ Rights held from 19 – 28 February 2015.
