Centre for Minority Rights Development (Kenya) and Minority Rights Group (on behalf of Endorois Welfare Council) / Kenya - 276/03


Recommendations of the African Commission

In view of the above, the African Commission finds that the Respondent State is in violation of Articles 1, 8, 14, 17, 21 and 22 of the African Charter. The African Commission recommends that the Respondent State:

(a) Recognise rights of ownership to the Endorois and Restitute Endorois ancestral land.

(b) Ensure that the Endorois community has unrestricted access to Lake Bogoria and surrounding sites for religious and cultural rites and for grazing their cattle.

(c) Pay adequate compensation to the community for all the loss suffered.

(d) Pay royalties to the Endorois from existing economic activities and ensure that they benefit from employment possibilities within the reserve.

(e) Grant registration to the Endorois Welfare Committee.

(f) Engage in dialogue with the Complainants for the effective implementation of these recommendations. (g) Report on the implementation of these recommendations within three months from the date of notification.

2. The African Commission avails its good offices to assist the parties in the implementation of these recommendations.

Done in Banjul, The Gambia at the 46th Ordinary Session of the African Commission on Human and Peoples’ Rights held from 11th – 25th November 2009.