,~,-f) 6~!:tEB cr.um 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.

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