ABSTRACT
The territory occupied by Indigenous peoples in Uganda and Kenya often characterised by fragile ecosystems is under threat from intrusion by the governments and private investors who want to explore among others, conservation, tourism, resource utilisation, and mining opportunities. This has necessitated a shift to environmental rights protection through litigation by African Indigenous peoples. As in other parts of the world, the governments of Uganda and Kenya have adopted administrative and policy directives without prior consultation with the Indigenous peoples. This has adversely affected their environmental rights, compelling them to resort to litigation. Litigation has secured the environmental rights and resources of Indigenous peoples from unwanted interference. Indigenous peoples such as the Ogiek and Endorois in Kenya, and the Batwa and Benet of Uganda have played and continue to play an important role in environmental rights protection through litigation. Domestic and regional courts have provided a neutral/non-political forum, where Indigenous peoples in Uganda and Kenya influence and enhance environmental rights protection through litigation. This chapter examines the role of indigenous peoples in enhancing environmental rights protection through litigation in Uganda and Kenya. It argues that due to their vulnerability, indigenous peoples play a significant role in shaping the terrain of litigation to protect the environment. The chapter further examines and compares the environmental legal regime of these countries concerning environmental litigation and highlights the legal approaches adopted by Indigenous peoples, the relevant jurisprudence, and the available appropriate remedies. The chapter also discusses the challenges faced by Indigenous peoples during and after litigation such as the government’s non-compliance with court decisions and limited direct legal standing before regional courts such as the African Court for Human and Peoples Rights (ACtHPR).
