p.CHP~ ~! ~) &£;.!jE~fi Human and Peoples' Rights Human Rights our Collective Responsibility 167. The Commission recalls that, according to the Complainants' submissions, the struggle for the conservation of the lands claimed comes from the colonial time, which resulted in the signing of a treaty with the colonial power. The continuity of this struggle for the conservation of the lands in question is expressive of the determination of the Maasai of Kedong to conserve their lands, essential for the maintenance of their tradition, culture and way of life, unlike the rest of the population. 168. The Commission considers that the Complainants' observations indicate that the Maasai of Kedong have been consistently dispossessed of their land for more than five decades, and this has accelerated in the last decade. They claim that in a frenzy of development, the government seems determined to secure the fu ll appropriation of their lands for investments in the energy, logistics, real estate and tourism sectors, with little or no regard for the Maasai community's rights to this land. 169. The Commission notes that, although this is not an, absolutely, necessary criterion, it should be noted that the Complainants' observations indicate that the Maasai community of Kedong has temporal precedence over the occupation and use of the claimed lands, occupying them from the pre-colonial period, through the entire colonial period, and persisting to this day. In fact, as the Complainants point out, Charles Elliot referred to the Maasai as the Ismail is of East Africa who "will be satisfied ... until they suffered a crushing defeat." This passage is expressive about the precedence of the Maasai in the lands claimed, thus fulfilling the first criterion. 170. The Commission recalls that, following a mission to Kenya, the Working Group on Indigenous Populations and Minorities (WGIPM) produced a report in which they described the Maasai as one of the indigenous communities in Kenya, alongside other communities, including the Ogiek, Endorois, etc.44 171 . For all the foregoing, the Commission is of the opinion that the Maasai community of Kedong fulfils the criteria to be considered as indigenous populations for the purposes of the protection they have under the African Charter and other applicable human rights instruments. Alleged violation of the right to property 172. The Commission notes that Article 14 of the African Charter provides that "[t]he right to property shall be guaranteed and may be affected only by public neces • or