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Human and Peoples' Rights
Human R,ghts ou,
Collective Responsibility
previous case filed by the Kedong community of Maasai in the Nakuru High Court,
challenging the ownership of Kedong's land, has been decided. Judge L.N. Waithaka
ruled that the expansive ranch was owned by a legal entity known as Kedong Ranch
ltd.
35. The complainants also allege that a subsequent appeal, filed by the community living
on the ranch, was rejected , and the Court of Appeal upheld the High Court's decision.
At the height of state-sanctioned harassment and evictions in 2005, Parkire Stephen
Munkasio and 14 others (who sued on behalf of herself, their families, and all members
of the Maasai community) filed a complaint in the High Court.
36. The complainants further allege that the legal action was intended to enforce the
property rights of the complainants (whose families are the subject of the imminent
eviction that triggered this communication to the Honorable Commission) and to
prevent them from being subjected to harassment or eviction by the government.
37. The complainants allege that the Constitutional Court dismissed the petition on the
grounds that it violated several constitutional provisions; the basis of the allegation is
that the property in question is the ancestral land of the complainants; land is private
property, as defined by the Constitution; no violation of the right to property; no
evidence of violation of the rights to dignity, torture, education, housing or health; no
evidence of violation of the right to a clean and healthy environment; The petition was
dismissed.
38. The complainants further allege that, in order to postpone the ongoing eviction and
the project, the petitioners filed a case in the High Court, which was dismissed. In this
sense, 30,000 occupants lost 76,000 land from the SGR, with the private company
rejecting them as foreigners.
39. The complainants further allege that a previous case filed in the Nairobi High Court
challenging land ownership was determined by Judge Sila Munyao of the Nakuru
Environment and Land Court, who dismissed a petition alleging that the community's
rights had been violated.