Perceptions of land-tenure security in pastoral areas in Kenya

The report “Perceptions of land tenure security in pastoral areas in Marsabit, Kenya” (2024, 48pp) by Ken Otieno et al, published by SPARC (Supporting Pastoralism and Agriculture in Recurrent and Protracted Crises), aims to deepen understanding of land tenure in pastoral lands under collective ownership, taking a case from northern Kenya. Land tenure in pastoral areas is typically vested in the collective, where the rights of individuals and households to graze and water their animals exist alongside rights of the collective as a whole. The collective sets guidelines and rules on how its members use resources. Pressures on pastoral lands are mounting, among other things, from demand to appropriate grazing commons for other uses such as conservation, mining and cropping under irrigation. These pressures can lead to pastoralists losing access to the grazing and water they need for their livelihoods, as well as to conflict over resources. The study covered 550 households in the Waldaa community living in an area of 600 km2 close to the Ethiopian border.

The findings show that, for almost 50 years, the Waldaa community has retained rights to its land and natural resources without legal registration. Pastoralism defies permanent designation of rights: pastoralists use complex, messy, but effective, patterns of access to grazing. Vulnerable groups such as widows and orphans said they enjoy equal rights within the group. However, land tenure and management is challenged by: i) the Community Land Act (2016) and the drive to register community and trust lands, both collectively and individually; ii) unpredictable weather with shorter wet-season grazing periods; and iii) rising human population and settlement. These pressures may favour the privatisation of collective land. The findings emphasise the need to adopt community-based land governance and to strengthen institutions to promote the inclusiveness of traditional governance of resource use.

Posted on 11 August 2024 in Pastoralism & Natural Resources, Pastoralism, Mobility & Land Tenure