MAASAI LAND RIGHTS IN KENYA.

THE BODY OF YOUR MAIL WAS:
 Greetings from FOMAT.
  Please find attached herewith the Memorandum to
LONRHO
 by ourselves concerning the growing landlessness
among
 the UASIN GISHU MAASAI which came as a result of a
 "racial cleansing" by the former colony.
  We would be very much happy if you could assist us
in
 advises and financial assistance, if the matter
cannot
 be solved amicably.
   Hoping to hear from you soon.
   Fine regards.
   Hassan Ole Naado
 EXECUTIVE DIRECTOR
  03/06/2001
 THE EXECUTIVE CHAIRMAN. 
 LONRHO AFRICA LTD
 P.O.BOX 14027
 NAIROBI.
  Dear Sir,  RE:  ILLEGAL LAND SALE BY LONRHO (EATEC)
IN UASIN
 GISHU DISTRICTS.
   In regard to our petition concerning the above
case, I
 wish to ventilate our grievances to your goodself
with
 the view to seeking redress.
  The continued growing Landless among the UASIN GISHU
 MAASAI is a matter of grave concern to the FOMAT. We
 find it intolerable to see over three thousands
 families (3000) living in miserable lives while their
 land is being sold indiscriminately without concern
of
 the former.
  We feel that your company holds ownership of this
land
 illegally as the agreements which gave you a right to
 be there ceased after independence as the agreements
 were not binding to the successive governments. 
  It is by this regard that we pray you stop the sales
 and give back what belongs to others. 
  Our humble prayer to you is that you will honour the
 history and immediately enter dialogue with the
Maasai
 in view of handing over what belongs to them. 
  Find attached herewith memorandum and petition.
  Thanks,  HASSAN OLE NAADO
 EXECUTIVE DIRECTOR
  C.C 
 1.	H.E THE PRESIDENT OF THE REPUBLIC OF KENYA
 HARAMBEE HOUSE
 P.O .BOX 30510
 NAIROBI
  2.	BRITISH HIGH COMMISSIONER
 P.O. BOX  30465
 NAIROBI.
  3.	HEAD OF COMMONWEALTH MISSION TO KENYA
 COMMON WEALTH OFFICE
 P.O.BOX 30465
 NAIROBI
  4.	HEAD OF THE MISSION
 UNITED NATIONS COUNTRY OFFICE
 UNITED NATIONS COMPLEX
 GIGIRI – NAIROBI
  5.	H.E THE AMBASSADOR,%0D%0AUNITED STATES OF AMERICA
EMBASSY
 P.O.BOX 30137
 NAIROBI – KENYA
  6.	H.E THE AMBASSADOR
 ROYAL NORWEGIAN EMBASSY
 P.O.BOX 42343 
 NAIROBI.	
   7.	KENYA HUMAN RIGHTS COMMISSION
 P.O.BOX 41079
 NAIROBI
  MEMORANDUM ON THE ON GOING ILLEGAL LANDSALES
 BY LONRHO (EATEC) IN UASIN GISGU DISTRICT
  HISTORICAL BACKGROUND
  UASIN GISHU MAASAI inhabited the plateau named after
 them before the coming of Europeans.  It is in
records
 that they have been living there in 1860 and beyond.
  During 1903, applications were first received from
 Europeans for land in the Rift Valley and elsewhere
in
 places where the Maasai grazed their flocks and
herds,%0D%0Aand the 
question arose as to how far such applications
 could be granted without encroaching on the Maasai
 rights.
  The first “racial” statement by the then Governor
Sir
 Charles Eliot, says in part, “I cannot admit that
 “wondering tribes”  have a right to keep other and
 “Superior races” out of large tracts merely because
 they have acquired the habit of struggling over far
 more than they can utilize.
  The genesis of Maasai land problems started after
 large tracts of land in Nandi, Uasin and Eldama Ravin
 Districts were alienated to European settlers in
1904.
 The then District Commissioner advised the colonial
 Government that “great injustice” is being done to
the
 Uasin Gishu Maasai.  The land officer  thereupon
 reserved the only left land available around 9000
 acres.
  After the Nandi expedition of 1906, it was decided
by
 the colony to move Uasin Gishu Maasai to Eldama
Ravine
 (OLDAMA OROPIL) some of those who had gone to live
 with the Nandis in their reserve as a result of
 European settlers removing them from their land.
  Back in June 1901, Sir Charles Eliot wrote in his
 report that, “I regard the Maasai the most important
 and dangerous of the tribes with whom we have to deal
 with in East Africa”.  Immediately Sir Donald Stewart
 succeeded Sir Charles Eliot as Governor n 1904, he
 discussed the Maasai issue in the most “criminal” and
 “crooked” way by concluding that the removal of the
 Maasai from Rift Valley into two reserves would be
the
 best solution;  the one in the  North – (Laikipia)
and
 the other South of the Railway centering generally
 Narok.
  The Carter Land Commission Report paragraph 690 of
 1934 states:  It may perhapes be arguable that the
 Kenya Annexation order-in – council dated 11th June
,%0D%0A1920, had 
the effect of rendering the Maasai
 Agreements null and void.  But we are not with the
 position Law as with position in equity, and we are
 fully persuaded that the Maasai are equity entitled
to
 all the benefits of the agreements just ass if it
were
 still force.  But does not mean that the agreements
 cannot be amended by elimination of causes which are
 not in reality beneficial to the Maasai.”
  In the context of the following statement, we are in
 view that the successive Kenya Government and that of
 Her Majesty’s Government agreed that all agreements
 became or will become null and void after
 independence.  In July 1960, at Public Baraza
 (meeting) in Kajiado and Narok, His Excellency the
 Governor stated to the Maasai.  “The protection of
 your friends, the “British”  people, who made a
treaty
 (Agreement) in the year I was born, and have honoured
 that treaty, and will honour it while we hold power
in
 Kenya, their protection will not remain for ever
 ………….. with our help, when the time comes for us to
 hand over power, you will need new “treaties” 
 (Agreements) and understanding with the Kenya
 Government of the future, in which you will play your
 part.”
  In a joint memorandum by two African political
parties
 in 1960, they expressed their fear for the future of
 the Maasai tribe and requested that the Maasai
 treaties (Agreements) should be considered and
decided
 upon at the constitutional talks that were being held
 by H.E.  the Governor and that any review should take
 place with the consent of the tribes representatives
 and that a review should not be postponed until after
 independence.
  It shows that there were more worries of the future
of
 the Maasai concerning their land rights with the
 Government to come.
  STATEMENT
  In context of Maasai History from the time when the
 Europeans arrived in East Africa, the community has
 lived in persecution, isolation, neglect and
 marginalization to the  detriment of their collective
 welfare.
  As a result the community suffers from neglect of
 their basic humanitarian needs like basic
education,%0D%0Aprimary 
health care, civic awareness and individual
 land ownership.
  Friends of the Maasai (FOMAT) is in view of
addressing
 the gaps occasioned by omission by the existing Human
 Rights Organizations to pursue and safeguard to
 collective interest of the Maasai community.
   PETITION
  International Human rights Law is designed to ensure
 that all humanity enjoys a full, safe secure and
 healthy life, The rights to live in dignity can only
 be attained when basic necessities of life work
food,%0D%0Ahousing, 
health care, education and culture are
 adequately and equitably available to every one.  The
 Uasin Gishu Maasai has been denied discriminatory and
 cruelly this fundamental rights which will never be
 achieved by any landless human being on earth.
  In this and Historical facts, Friends of the Maasai
 (FOMAT) is addressing the Uasin Gishu Maasai
 landlessness and illegal land sales by LONRHO (EATEC)
 as follows:
  1.	That in the context of History,  the removal of
the
 Uasin Gishu Maasai from Uasin Gishu District was
 illegal and unjust as it was “racial” of the highest
 order.
  2.	That LONRHO have illegally held the land all this
 years against the wishes of the Maasai.
  3.	That there are over 3000 landless families  some
of
 them squaters in far places as Lugari, Nandi Uasin
 Gishu and Transmara Districts subjects to poverty of
 the highest magnitude while you occupy their land
 illegally.
  4.	That the continued landlessness has turned the
 Maasai poorer and aliens in their own land.
  5.	That you stop with immediate effect the land
sales
 and surrender the same to the owners.
  6.	That the Maasai are entitled to compensation to
 uplift their living condition which seriously
 deteriorated as you made them landless.
   NOTE:
  In failure to honour our request Friends of the
Maasai
 (FOMAT) finds it imperative to further this case
 further as we cannot shut our eyes as you continue
 alienating the said land without total respect of the
 owners.  The Maasai have suffered great injustice for
 the last 100 years without humanitarian
consideration.
  FOMAT will defiantly mobilize its potential and seek
 redress in Local and International Courts of Justice 
 in which you will be sued together with the former
 colony (British) and the successive Kenyan Government
 on behalf of the Maasai as “endangered” people.
  Thank you.
     Hassan Ole Naado
 EXECITIVE DIRECTOR
      


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Received on Monday, 23 July 2001 02:37:19 UTC