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Hwnan a;ghts ou,
Human and Peoples' Rights
Collective Responsib11tty
"placed under the control of the tribal authority" and that no one could "appropriate
land belonging to another tribe". They maintain that the alienated land was never
transferred to the Maasai Community as promised by the Respondent State
government.
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4. The Complainants allege that the Maasai Community of Kitet (Kedong) faces the
imminent risk of being evicted, thus suffering irreparable damage, as the authorities
of the Respondent State are currently proceeding with the demarcation and sale of
parts of their historical lands to third parties.
5. The Complainants allege that in 2020, with a view to establishing an industrial park
within a Special Economic Zone, the Respondent State decreed the allocation, by
announcement in the Official Gazette, of up to 1,000 hectares of Kedong Ranch, the
disputed land, for the development of a special economic zone that will be known as
the Naivasha Industrial Park Special Economic Zone (Naivasha Industrial Park
Special Economic Zone). They argue that this land allocation was carried out without
any prior involvement of the Maasai Community, and foreign direct investors were
invited to sign contracts between the government and private investors and
companies.
6. The Complainants also allege that the Respondent State, in a frenzy of major
development, seems determined lo secure the full acquisition of the Kedong lands for
investments in energy, logistics, real estate and tourism - as its lands are attractive
because it sits atop a highly attractive wildlife corridor and potential geothermal energy
basin where the Respondent State has initiated geothermal projects - with little or no
regard for the rights of the Maasai community living on these lands.
7. The Complainants allege that the Special Economic Zone Plan (the Naivasha Special
Economic Zone Master Plan) does not recognize the Maasai Community as the owner
of the land, nor does it recognize its community leadership, and as such, it is excluded
from benefiting from these investments. They claim that the Respondent State carries
out these projects in partnership with other governments and public-private
partnerships, but without the consent or participation of local communities, or with
manipulation of their consent, offering monetary incentives to certain leaders.
8. The Complainants argue that the Maasai community should be forced to relocate any
time a new phase of the project begins. Thus, the authorities of the Respondent State
burned and destroyed their shelters by constructing fences and digging ditcbE!:R:IRQ~
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foundations around the disputed area. The Complainants also point out " \ c.~ ,tA~r 0 ..ot<'o
time being, the only ·obstacle to the implementation of major projects is ~ co •
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