AU verdict on the Endorois Community Land Complaint
The Kenya Land Alliance (KLA) enjoins herself
in the celebrations to hail the landmark ruling by the
African Commission on Human and Peoples Rights Ruling
on the Endorois Community complaints against the Kenya
Government violation of the African Charter on Human
and Peoples’ Rights. The Government of Kenya violated
the Charter by forcibly removing the Endorois from
their ancestral lands around Lake Bogoria, without prior
consultations, adequate and effective compensation.It symbolizes the fact that correctly empowered communities will have a better chance of breaking the chains of the embedded landlord-State allegiances which limits communities’ well-being. This precedent-setting ruling in favour of the Endorois community illustrates that with control over their own community land and resources, they will be enabled to ensure long-term occupancy and sustainable utilization of these resources.
The ruling will remain a landmark in the efforts to promote a community based approach, working in an incremental manner, and on an area by area basis, which will enhance the tackling of the rights and governance grievances which embrace much of the public land estate, including existing and future protected areas.
Taking into account the expected implementation of the recommendations of the African Commission, the experience of the Endorois case ruling is an innovative community based approach to land rights reform. Thus, we in the land sector do not fi nd it fanciful to envision a thriving future Kenya where elected Community Land Boards will govern and regulate use and management of collectively owned resources including pasturelands and protected forests and reserves, under the oversight of national legislated body and technical agencies.
KLA acknowledges that there are numerous individuals and organizations across Kenya and beyond, who share the joy that this ruling brings to the land sector reform agenda in Kenya. However, while we leave it to you readers of this Ruling to judge the usefulness of its recommendations, it is important to point out that it is a mind-blowing explosion of arguments and knowledge about the centrality of land in facilitating well-being through economic transformation. In particular the ruling underlines the importance of access to land for the Endorois community, in ensuring decent livelihood.
I encourage all to read and interact with this Ruling. Let us add our own voices in urging the Kenyan Government to implement the African Commission Recommendations as a common strategy for managing our land resources. Daunting as this task may appear to be, it is within our capacity as the Kenyan people. Together we can do it!
