I traveled to Lake Bogoria to meet the members of the Endorois Community for the first time ever. I had read widely and talked to leaders from the community on a variety of issues. Now I wanted to have learn about the community first hand.
Endorois is a minority Community in Kenya who live in Baringo (Marigat), Nakuru (Mogotio) and Laikipia counties.
In the 1970s, the Government of Kenya appropriated land belonging to the Endorois Community to create Lake Bogoria National Reserve.
Before the appropriation by government, the Endorois people had enjoyed their land rights for over 300 years.
Photo: Flooded Lake Bogoria. The lake has flooded and an hospital, airstrip, gate to the national reserve and a spring for clean water have been submerged.
I noted that the Endorois people have a strong bond with Lake Bogoria and Mchongoi forest.
In 2003, the Endorois people launched a complaint at the African Commission for forceful eviction form their land. They claimed that Government of Kenya had violated the African Charter by failing to recognize and protect Endorois ancestral land rights as well as refusing to compensate the community adequately for the appropriation of their land.
Lake Bogoria National Reserve was created in 1973 as Lake Hannington Game Reserve. The name was changed to Lake Bogoria in 1978.
When the national reserve was being formed, 400 Endorois families were promised the following:
a) Construction of cattle dips and fresh water dams;
b) Compensation with plots of fertile lands;
c) 85% of jobs at the National Reserve were to be set aside for the members of the Endorois Community;
d) 25% of revenues collected from the game reserve
In 1986, a total of 170 out of 400 families were given some money.
In 2000, members of the Endorois community went to court in search of justice.
In 2002, High Court of Kenya issued a judgement against the community. The court stated that “although Endorois were the former bona fide occupants of the land, their customary claim to the land had been extinguished as a result of the designation of the land as a game reserve in 1973 and 1978.”
In 2003, after failing in the Kenyan courts, the Endorois sued Kenyan government at the African Commission.
This was to make sure that the case was subject to both Kenyan and international law. Basically, any glaring gaps in national laws is filled by relevant international laws.
You see for the case of the Ogiek, Kenyan law failed to recognize collective nature of land rights while international law does.
For the Endorois people, the area around the Lake is their spiritual home. The following remedies were provided by the African Court based in Banjul:
a) Government to make sure the Endorois have unrestricted access to Lake Bogoria and the surrounding areas;
b) Government of Kenya to pay adequate compensation to the community for all the loss suffered;
c) Government of Kenya to grant title to the Endorois to “Guarantee their permanent use and enjoyment” of their lands;
