p.C HJ>1t
(.~ f ~ 6~!j,iE,f,
~onm
Human and Peoples' Rights
Human Rights our
Collective Responsibility
119. The Complainants contend that between 2014 and 2019, the government of the
Respondent State, acting through the Kenya Electricity Generation Company
(KENGEN), and without any consultation with the Maasai in Kedong, expropriated
1,700 acres of Kedong Ranch to establish a Resettlement Area for individuals and
families evicted from Olkaria, as part of the development of the Olkaria IV geothermal
project. One thousand (1 ,000) people and three hundred and fifty families (350) were
relocated to new two-bedroom houses, occupying an area of 0.41 hectares each, on
land from the Resettlement Action Plan within Kedong.
120. It is stated in the Affidavit that because the disputed lands are rich in geothermal
energies, sand and gold, which has attracted companies such as KenGen and sand
sellers. It is further claimed that the Respondent State has systematically deprived
the Kedong Maasai community of their rights its and has usurped the claimed land
by illegally granting 3 000 hectares to South Sudan and Uganda.
121 . It is further stated in the Affidavit that the Kedong Unlimited Company, like the
Muguga Company, are products of the groups linked to the first politicians of the
Respondent State who alienated land to their relatives and attorneys as a way to
seize indigenous land. The Complainants further contend that the Respondent State
took with impunity another thousand acres (1,000) to build the Inland Dry Port
Container and other enterprises, which has resulted in more than 22 families of the
Maasai comm unity of Kedong being forcibly evicted without consultation or
compensation.
Alleged violation of right to life
122. For the complainants, the maintenance of a means of subsistence is fundamental
for the realization of the right to life. The arbitrary harassment, evictions, and fencing
off of the boundaries of Kedong Ranch to restrict access to land and resources by
the Kedong Maasai community, perpetrated jointly by the Respondent State and its
collaborators, constitute an affront to the right to life of the Kedong Maasai.
123. They note that the applicants rely predominantly on pastoralism. They submit that
their cattle represent their most important livelihood. Therefore, the program carried
out by Kedong Ranch Company with the acquiescence and support of the
Respondent State is making it impossible for the community to make a living from
their land, endangering the very survival of the families and the entire grou . ey
claim that the genocidal intent of the program implemented by Kedong R
~ •
1
),.t lliol R ~'f'f9;...,o'° •
the Maasai is a continuation of the colonial project articulated by Cha
0
O •
~
; 8
~
~
\\ 4 \
\
~
\
(',
~~
~ ~O,S,.
"o\
(@
·.-~~24
1 \_
w
. ,
AU·UA
C
~
~
t f
~ ~
":,CJ
•li'ICAIN~ 0~ <r,,'
~'11E' E1 DES P~\j~''- -~
__
-_
-.
__:
.r- ,...