41
Land abuse issues in Kenya 40 Land Use in Kenya • The case for a national land-use policy The above scenario has a negative impact on productivity, causes pollution and reduces the economic value of land. b) Consequences of soil erosion Loss of productivity The productivity of a piece of land is demonstrated by the capacity of the soil to produce crops. When the soil is eroded, there is a general decrease in the reservoir of exchangeable nutrients absorbed by the plants for their metabolism and growth. When this reservoir is truncated and washed away, so is the source of nutrients making the remaining sub-soil less fertile and less suitable to support optimal plant growth. Loss of topsoil is therefore directly a loss of the best reservoir of soil nutrients. Similarly, when the topsoil is removed, it means loss of the soil moisture-storage capacity. The loss arises from changing the soil water-holding characteristics of the rooting zone (which is reduced in volume Gully erosion in Nyando area, Kisumu. Station Lodwar Mandera Moyale Marsabit Makindu Voi Wajir Garissa Annual potential 99.2 62.1 86.5 828.6 23.2 64.8 104.9 144.9 sand movement (m/s) 3 Risk rating *mod. mod. mod. high low low mod. mod. *moderate Source: GOK/UNEP 1997. Table 22. Sand movement potential in Kenya. CNRM

b) Consequences of soil erosion - VLIZ · Galana–Sabaki carried 250,000 and 150,000 t per year of sediment respectively. By 1986 Tana River carried 2.5 million t per year while

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Page 1: b) Consequences of soil erosion - VLIZ · Galana–Sabaki carried 250,000 and 150,000 t per year of sediment respectively. By 1986 Tana River carried 2.5 million t per year while

Land abuse issues in Kenya40

Land Use in Kenya • The case for a national land-use policy

The above scenario has a negative impact onproductivity, causes pollution and reducesthe economic value of land.

b) Consequences of soil erosion

Loss of productivity

The productivity of a piece of land isdemonstrated by the capacity of the soil toproduce crops. When the soil is eroded,there is a general decrease in the reservoir ofexchangeable nutrients absorbed by the

plants for their metabolism and growth.When this reservoir is truncated and washedaway, so is the source of nutrients makingthe remaining sub-soil less fertile and lesssuitable to support optimal plant growth.Loss of topsoil is therefore directly a loss ofthe best reservoir of soil nutrients.

Similarly, when the topsoil is removed, itmeans loss of the soil moisture-storagecapacity. The loss arises from changing thesoil water-holding characteristics of therooting zone (which is reduced in volume

Gully erosion in Nyando area, Kisumu.

Station Lodwar Mandera Moyale Marsabit Makindu Voi Wajir Garissa

Annual potential 99.2 62.1 86.5 828.6 23.2 64.8 104.9 144.9sand movement (m/s)3

Risk rating *mod. mod. mod. high low low mod. mod.

*moderate

Source: GOK/UNEP 1997.

Table 22. Sand movement potential in Kenya.

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Land Use in Kenya • The case for a national land-use policy

41

Silt-laden Tana River in the lower course.

via truncation) limiting the water-holdingcapacity. This leads to reduced plantgrowth due to limited moisture. At thesame time, a larger proportion of theprecipitation is lost as runoff causing moreerosion and destructive floods. Plantsgrown on such eroded soils wither due tolack of moisture and nutrients leading tosignificant drops in yields.

With the removal of the topsoil, thestructure of the soil becomes poorerleading to the formation of soil clods. Theclods then facilitate the development ofsurface sealing and crusting limiting plantgermination. The crusts and seals also

reduce water infiltration, promotingrunoff and subsequent flooding.

Polluton of water systems

In 1965, the Tana River and Athi–Galana–Sabaki carried 250,000 and150,000 t per year of sediment respectively.By 1986 Tana River carried 2.5 million tper year while Athi–Galana–Sabaki hadrisen to 2 million t per year (KSS, 1989).This sediment loads have destroyed inlandwater bodies and marine life.

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Land Use in Kenya • The case for a national land-use policy

42

Loss of economic value of land

Eroded soil is transported in the form of siltby rivers and deposited in the lakes and theocean. Over the years, silt accumulates andchanges the colour of water from clear blueto reddish brown. This is an unattractivecolour for people who organize aestheticactivities such as tourism and exclusivesettlements around water bodies. To thenorth of Sabaki River mouth, the village ofMambrui is being submerged in sand dunesand silt deposits from the river. The siltemptied in the ocean kills coral reefs anddamages marine life. Homes also have beenabandoned.

Some dams and pans have had their lifespanseverely reduced due to the acceleratedsediment deposits through erosion. Thehydro-power dams along the Tana Riverhave been silted on several occasionsreducing their capacity to generate power,leading to power rationing and frequentblackouts.

Frequently, the silt is deposited on the whitecoral beaches turning them into mudbeaches and damaging the scenic beauty.Some hotels in Malindi town have lostbusiness as tourists moved to other whitesandy beaches. Consequently jobs have beenlost and social structures disrupted.

2.2 Pollution

a) Air pollution

Air pollution arises from gaseous emissionsfrom domestic operations, powergeneration, agricultural practices,uncontrolled disposal of solid waste,industrial and vehicular emissions. Themajor sources of air pollution are industriesmanufacturing chemicals, rubber andplastics, paper mills, cement andexcavations, ceramic tiles and glass factories,and leather industries.

Vehicle emissions contain carbon dioxide,greenhouse gase (GHG), that is a cause ofglobal warming. Road and railway transportsystems in Kenya rely on fossil fuels which arelinked to high emissions of GHGs. Roadtransport accounts for 80–90% of thepassenger and freight transport and accountsfor 80% of Co2 emissions.

Air pollution from agricultural practicesinclude emissions of carbon dioxide,methane and nitrous oxide from croppinge.g. rice and sugarcane cultivation, andbagasse production. Methane emitted fromflooded rice fields due to anaerobicdecomposition of organic matter in the soilis the largest source of greenhouse gases inKenya. Others are animal husbandry—dueto enteric fermentation, manuremanagement facilities and anaerobic decay;application of synthetic manure and organicfertilizer; and burning savannah grasslandsand scrubland. Domestic sources includethe use of biomass, pit latrines and waste.

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Land Use in Kenya • The case for a national land-use policy

43

Am

ount

(00

0) t

ons

Period

1990/91

80706050403020100

1991/92 1992/93 1993/94 1994/5

Phosphates

Nitrogen

Potash

Figure 9. Chemical fertilizer use in Kenya.

Gaseous emission from poorly maintained vehicle.

Source: FAO, 1996.

b) Land pollution

Chemical fertilizers, pesticides and fungicidesare important in agriculture. However, theirimproper use has poisoned and compacted thesoils. Fertilizer is the dominant farm input inKenya averaging 275,270 metric tons/year.The use of industrial fertilizer is on the increase

(see figure 9). The government, in cooperationwith local non-government ogranisations andother stakeholders, is promoting the use oforganic manure, which is easy to access and isenvironmentally friendly. There are successstories on the use of organic manure amongsmallholder farmers as exemplified by theChanderema Women Group, Vihiga District.

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Land Use in Kenya • The case for a national land-use policy

44

c) Water pollution

Water resources in Kenya are increasinglybecoming polluted at point and non-pointsources due to agriculture, urbanization,and industry. Intrusion of saline water in thecoastal region, leachates from solid wastedumps and infiltration of fertilizer andpesticide residues threaten ground water.The five principal sources of water pollutionin Kenya include sediments andagrochemical residues (biocides andfertilizers); industrial processing ofagriculture and forestry products whichproduce liquid effluent, gaseous emissionsand solid waste; industrial manufacturing—heavy metals, acids, dyes, oils;domestic/municipal effluents—sewage andgarbage; sedimentation—soil erosion; andmining which produces tailings andeffluents.

d) Noise pollution

Traffic generates noise. With increasingnumber of vehicles and aircraft, most urbanareas are becoming increasingly noisy. Loudmusic in public service vehicles is a publicnuisance. Other sources of noise pollutioninclude noise form factories, ballasting atquarries and mining sites.

2.3 The polluting agents

a) Persistent organic pollutants

Persistant Organic Polutants (POPs) havebecome more concentrated as they move upthe food chain and can travel for thousandsof kilometers from the point of release. The

most notorious chemicals in PoPs includeAldrin, Chlordane, DDT, Dieldrin, Endrin,Heptacle, Hexachlorobenzene, andToxaphene. Despite their worldwide ban,they are illegally used in Kenya as fertilizerand or crop protection chemicals. ThesePoPs can persist in the environment fordecades and accumulate in marine and land-based food chains posing health risks longafter exposure (see table 23).

b) Heavy metals

Heavy metals include lead, copper, zinc andmercury among others. Industrial productsmade from these metals are used in allaspects of life. Lead is used in plumbing,and insecticide and battery manufacturing;mercury is used in the preparation ofcosmetics and is a base in some painkillers.It is also used extensively in gold miningespecially in South Nyanza and Lolgorienarea of Trans Mara District.

Species Residueconcentration

(mg/kg) wet massLake BaringoTilapia nilotica 0.009Clarius mosambicus 0.019Burbus gregorii 0.028Labeo cylindicus 0.400

Lake NaivashaTilapia spirulus nigrax 0.001Micropterus salmoids 0.003

Lake NakuruTilapia grahami 0.015Latesilotica 0.004Source: UNDP/UNEP 1996.

Table 23. Reported levels of DDT residues in fish from Kenyan lakes

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Land Use in Kenya • The case for a national land-use policy

45

c) Gaseous emissions

Air pollution especially from industries is agrowing problem. The public outcry againstKEL Chemicals in Thika in 1991 is symbolicof the problem. Large concentrations areevident at Webuye where the paper and pulpfactory emits sulfur compounds into the airturning trees yellow in the region.

Mzee Moses Luyuku of Nabuyole village inWebuye says that the smoke from the paperfactory causes rusting on iron sheets within ayear of building the house. Local peoplearound Webuye say they suffer from allergiesand respiratory diseases due to gaseousemissions from the factory. Farmers have alsocomplained that crop yields have dropped byover 80% due to chemical pollution from thefactory.

Vehicle emissions contribute significantvolumes of carbon dioxide, one of the

greenhouse gases causing global warming. In1991 there were 159,000 passenger and150,000 commercial vehicles in Kenya(GoK, 1999). This figure has since increasedadding to serious air pollution in urban areas.If these cars use leaded petrol, theycontribute significantly to theaccummulation of lead in the environment.Lead is added to petrol to boost the octanerating and hence increase power. Leadpoisoning affects the brain, kidneys, thereproductive and cardiovascular systems.Also lead has residual effects incontaminating water and land resources inthe long run.

d) Liquid effluent

Chemical discharges from industries andother urban waste have degraded the freshwater sources in rivers, lakes, and other waterbodies. Such pollutants have interfered withthe flora and fauna of these areas.

Gaseous emission from the paper factory in Webuye.

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Land Use in Kenya • The case for a national land-use policy

46

Sediment yield and discharge of industrialwaste into the major river systems havereduced the volume of fresh water, interferedwith fish species and wetland life forms suchas riparian forests and marshlands. Pollutionof inland fisheries has far-reachingimplications. There is a possibility that someof the health disorders suffered by humanbeings could be linked to eatingcontaminated fish.

The marine resources are prone to not onlyland-based pollution, but also to pollution byships, especially oil tankers. For example in1993, a tanker at the port of Mombasaspilled approximately 80,000 metric t of oil.The impact on the natural resources of suchoil spills is monumental. There is deliberatepollution from ships during de-ballastingand tank washing.

In 1930, scientists synthetically producedchlorofluorocarbon compounds to replacethe use of ammonia and other coolants in

refrigeration, air conditioning, aerosolpropelling and fire depressants. At the timethey were preferred due to their advantageover the leaks and explosions that wereassociated with ammonia products. Thesechemicals are unfortunately responsible forthe depletion of the ozone layer in thestratosphere above the atmosphere. Thedirect impact of reducing the protectiveozone layer has been the increase inultraviolet radiation which raises surfacetemperatures (as a result of the greenhousegas effect) causing changes in weathersystems and bringing about extreme episodesof drought and floods

e) Pesticide and nitrate contamination

Pesticides are valuable agricultural inputsused for protecting crops to increase yields.However, they also have severe effects onhealth due to their toxicity. They can causeheadaches, flues, skin diseases, blurred visionand many neurological disorders. The mostnotorious pesticides causing health problems

Liquid waste disposal into Mtoine River from Kibera/Nyayo High Rise Estate, Nairobi

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Land Use in Kenya • The case for a national land-use policy

47

are organophosphates and carbamates. Mostof them are banned or restricted in useworldwide.

Together with pesticides, nitrogen fertilizersincrease yields tremendously and theirapplication in Kenya has increased five-foldsince the sixties. The dissolved nitrogen thatis not taken up by plants contaminatessurface and ground water because the excessnitrate is water-soluble and easily washeddown the soil profile by rain or irrigationwater. Water contaminated with nitrates cancause disorders in red blood cells leading toconditions of low oxygen commonly called"Blue-Baby"

2.4 Urban waste

Wastes are solid, liquid or gaseous materialsthat are discarded by people and industries.They are released carelessly into the air, waterand land as though the latter have an infinitecapacity to absorb these wastes.

a) Solid waste

Household and consumer waste are themajor component of solid municipal waste.Per capita municipal waste produc-tion inKenya is 1.2 t per annum. Solid wasteconsists of a mixture of organic materials,paper, plastics, textiles, glass, metals, ash andgrit. Food remains are solid waste. Themoisture content of household waste isgenerally high and is therefore not readilycombustible.

Packaging material, glass and plastic bottles,cans, paper clips, paper and plastic wrappings

are the major constituents of litter. The use ofnon-returnable containers has increased thevolume of litter. Furthermore, theproduction and widespread use of non-biodegradable plastics in packaging materialshas compounded the litter problem. Plasticlitter in marine environments at the Coastarises from fishing gear such as nylon, buoysand nets; packaging bands straps andsynthetic ropes; general litterbags, bottles andplastic sheering. The same litter is also foundin large inland water bodies.

Treatment of domestic and industrialwastewater at the plants yields sewage sludge.This is a type of slurry made up of fineorganic-rich particles with a high chemicalcomposition. Such sludge will require ahighly efficient system to treat and clean.Demolition of old buildings andconstruction sites also generate waste.Currently, contractors in Kenya seem to havea free hand in dumping their waste.Commercial mining sites (for instancerubies, gold, marble, cement, and soda ash)leave behind trailings and spoils. Such wastemay include soil, rock and inert dirt ortrailings from extraction that arecontaminated with metals or chemicals usedfor mining separation.

Solid waste in most urban centres in Kenya isdisposed of in open dumps or crude sanitarylandfills, burned or left to decompose inopen places. In low-income residential areas,collection is very poor and waste is disposedof by simply dumping it along streets,playing fields and in between houses.Burning is practiced in some estates leading

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Land Use in Kenya • The case for a national land-use policy

48 Land abuse in Kenya

to gaseous effluents like carbon dioxide,nitrogen oxide, methane and smoke. The main method used by municipalauthorities to dispose of solid waste is bycrude and unsanitary land-filling mainlybecause it is cheap and there is scarcity ofdisposal sites in most municipalities. Thesegrounds are left open and create dangeroushealth risks to both the public and animals.The collecting efficiency in most towns isvery low leaving waste uncollected at the sites,or is dropped in the wrong place.

A study by the Japan InternationalCooperation Agency reveals that in NairobiCity only 20% of the generated waste iscollected and disposed of. The rest lies alongroadsides or riverbanks. The City Councilhas over time reneged on collecting industrialwaste, which is now done by the individuals.Table 24 summarizes solid waste generationin Nairobi City.

Of the total solid waste generated in Nairobi,the largest quantities by weight are petricibles

(65.5%) followed by paper and cardboard(23%), metals (2.6%), textiles (2.6%),unclassified (3.1%), glass (1.7%) and plastics(1.5%). The per capita solid wasteproduction for Nairobi is 0.5 kg/day—a totalof 1 million t per day for a population of 2.2million (JICA, 1998).

Uncollected and or collected and untreatedsolid waste releases methane gas in to theatmosphere. The gas raises temperatures thatcause climatic change. The average methaneproduction from solid wastes in Kenyanmunicipalities is shown in table 24.

Garbage dumping site in Dandora, Nairobi

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The main method used by municipal

authorities to dispose of solid waste is by

crude and unsanitary land-filling mainly

because it is cheap and there is scarcity of

disposal sites in most municipalities.

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Land Use in Kenya • The case for a national land-use policy

49Land abuse in Kenya

b) Liquid waste

Liquid waste is generated from industry,service premises and domestic areas. Theycontain a wide range of chemicals andphysical components which whendecomposed generate various amounts ofgreenhouse gases, such as methane.

The amount of methane emitted dependson the organic loading in the wastewaternormally measured as the BiochemicalOxygen Demand, and the extent to whichthe material will decompose underanaerobic conditions. This is the conditionunder which sewage and industrial wastestreams are maintained.

c) Hazardous waste

This is waste whose properties may beradioactive, toxic, explosive, corrosive,flammable or infectious. The waste is likelyto harm people, livestock, crops or theenvironment either on its own or whenmixed.

In Kenya, there are no facilities to store andmove such harmful classified waste. Majortowns such as Nairobi, Mombasa, Kisumuand Nakuru have facilities for storing andtransporting clinical waste from the majormedical institutions like hospitals andresearch centres, clinics, pharmaceuticalsfactories. Each medical institution is requiredby law to maintain an incineration plant fordisposing clinical wastes.

Despite the presence of such facilities andguidelines cases of careless disposal of suchclinical waste in Nairobi, like dumping it atDandora dumping site, have beenhighlighted in the print media. Expireddrugs and other waste from pharmaceuticalsis not being incinerated but instead alsodumped in Dandora.

d) The causes of inadequate waste management

The underlying causes for poor, urban wastemanagement include:

Year Population Annual municipal Annual Methane gas(million) solid waste municipal generated

generated waste disposed (tonnes)(tonnes) (tonnes)

1992 1.72 332,734 66,547 2,0501993 1.79 346,276 69,255 2,1331994 1.87 361,752 72,350 2,2291995 1.92 377,228 75,446 2,3241996 2.03 392,704 78,541 2,4191997 2.11 408,179 81,636 2,5141998 2.20 425,590 85,118 2,622

Source: JICA, 1998.

Table 24. Estimated municipal solid waste generated in Nairobi.

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Land Use in Kenya • The case for a national land-use policy

50 Land abuse in Kenya

• Weak enforcement of existing laws andregulations due to inadequate humanresources and cumbersome procedures.The municipal councils and qualitycontrol organizations like thegovernment departments in theMinistry of Environment and theKenya Bureau of Standards are not ableto fully implement the provisions of theexisting statutes. Even where they maybe able to do so, the penalties stipulatedin the statutes are unrealistically low tobe a deterrent.

• The policies and laws regulating wastemanagement do not provide incentives

for individuals or companies willing toadopt efficient waste managementtechnologies. Such incentives mayinclude tax reductions, awards, access tocheaper credit facilities as well asinformation and technology. The wastemanagement and sanitation sector doesnot feature as a priority in the develop-ment agenda of the country. As such, itnever receives adequate resources orconsideration when articulatingnational development issues.

• The lack of comprehensive dischargestandards and methods of measuringthe quality and quantity of effluentmakes it difficult for any authority tocontain waste generation. This scenariohas systematically led to a situationwhere industry and urban dwellers havebecome insensitive to legal regulationson the safety of the environment andhealth. The practice of followingstandards for health and safety ofworkers at the work place has long beenignored.

Mzee Lukuyu pointing at the damaged rooffrom contaminated rain next to Webuyepaper factory.

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In Kenya, there are no facilities to store

and move such harmful classified waste.

Major towns such as Nairobi, Mombasa,

Kisumu and Nakuru have facilities

for storing and transporting clinical waste

from the major medical institutions

like hospitals and research centres, clinics,

pharmaceuticals factories.

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Land Use in Kenya • The case for a national land-use policy

51Land abuse in Kenya

2.5 The driving forcesbehind unsustainableland use

a) Population increase

At independence, Kenya had a totalpopulation of about 7 million people. By1979 the population had risen to 15.5million people. In 1989, it shot to almost21.5 million people. By 1999 thepopulation had reached 29 million (seefigure 9). Over the same period, the Kenyaneconomy performed poorly with noremarkable industrialization to cope withthe demands of the population. Thepopulation trend has inevitably resulted inintense pressure on the available naturalresources.

The pressure in many parts of Kenya hastriggered the cycle of degradation of forests,wildlife, water and mineral resources. The

increased number of people searching foreconomic security has led to intensificationof cultivation, expansion of cultivated land,overgrazing of the range, and harvesting oftrees for fuelwood leading to deforestationand an acute water crisis as well as loss ofbiological diversity and soil erosion.

b) Misapplication of moderntechnological innovations

Technological innovations have had positiveand negative impacts on the management ofnatural resources in Kenya. A good exampleis the National Soil and Water ConservationProgramme that was started in 1974 toconserve soils in cultivated and grazing landwithin permanent settlements. By 1987, theproject had 51 tree nurseries with an outputof 200,000 fruit tree seedlings and 2.5million forest and fodder tree seedlingsannually. These conservation efforts raisedcrop yields by between 50% and 70%. In1982, the programme had put in place2,912 km of cut-off-drains, 3,090 km ofbench terraces, 556 hectares of narrow-baseterrace, 2000 km of grass strips, 283 km ofstone terraces, 1,107 km of trash lines, 81km of artificial waterways. In addition, 714hectares of grass were planted, 1964 gulliesrehabilitated and 1,247 gabbionsconstructed. These efforts are estimated tohave conserved millions of tonnes of topsoiland soil moisture thereby expanding cropagriculture into areas then not utilized.

The second commendable effort intechnological innovations has been theblending of modern and traditionalpractices—a practice called agroforestry—in the last 10–15 years. Within the humid

Pop

ulat

ion

(in m

illio

ns)

30

25

20

15

10

5

0

Period

1963 1963to

1979

1980to

1989

1990to

1999

Figure 10. Trend of population increasein Kenya, 1963–1999.

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Land Use in Kenya • The case for a national land-use policy

and semi-humid zones of Kenya, there hasbeen tremendous increase of tree cover(open-canopy forest) in the cultivated landsthrough an extension campaign based on re-vegetation of lost forests with trees that havedirect economic benefits to the household.Some areas in central Kenya, eastern(Machakos, Meru, Embu) and westernKenya (Maseno) have incorporatedtraditional knowledge and skills with newfarming technologies propagated by theKenya Forestry Research Institute, KenyaAgricultural Research Institute and theInternational Centre for Reseearch inAgroforestry, that have resulted in amazingincreases in yields.

Cases of abuse of technology have also beenreported. The irrigation technologiesadopted in places like the Kimligo–Kamlezairrigation scheme have over time depositedsalt materials on the surface rendering thesoils unproductive. If not checked, theentire scheme will experience serious soildegradation and soon end up as a wasteland.A similar fate may befall the hundreds ofhectares under small-scale and large-scaleirrigation schemes especially in the dry areasat the Coast and along the Tana and EwasoNyiro Rivers.

c) Stifling indigenous skills,technologies, knowledge andpractices

Indigenous knowledge and techniquesabound in Kenya. The Turkana pastoralistsprotect and conserve trees through ownershipof the trees by individuals and families.Pasture land near settlements is guarded bymigrant herders who cannot use the pasture

without prior permission from elders.Amongst the Suba of Nyanza, theirtraditional belief and respect for founder clanshrines has guarded against human activity.These shrines are now thick forestsalternating with farms and homesteads. TheEndo of Elgeyo Marakwet use an ancientirrigation technology that has helped themproduce bumper fruit harvests over years.

Experience shows that disregardingindigenous traditional skills has led todestruction of natural resources. When thegovernment through the Ministry ofLivestock Development introduced the"North America" model of rangemanagement by demarcating the drylandsin Turkana, Marsabit, Isiolo, Garissa, Wajirand Mandera into "Grazing Blocks", thetraditional transhumant system of seasonalmigration in search of water, pasture andthe opportunistic spread of grazing pressurewas ignored. Age old systems developed bythe Rendille, Borana, Somali and Turkanaherdsmen were regulated into designatedterritories in which the governmentundertook to develop water sources and alsodevelop social services such as schools totransform the nomads into sedentarypopulations that could be easy to governand plan for. About 40 years down the line,

The pressure in many parts of Kenya has

triggered the cycle of degradation of forests,

wildlife, water and mineral resources.

The increased number of people searching

for economic security has led to

intensification of cultivation, expansion of

cultivated land and overgrazing of the range

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Land abuse in Kenya 53

Land Use in Kenya • The case for a national land-use policy

this model failed and cases of severe de-vegetation and soil loss were reported overthe period. The centres for water and socialservices instead degenerated into epicentresof desertification and sanitation problemsassociated with urbanization.

By de-emphasizing the links andrelationships between people, their cultureand resources, previous and on-goingdevelopment programmes have unwittinglycontributed to the prevalent insensitivityand apathy of communities towards ‘sound’environmental and natural resourcesmanagement. Furthermore, they haveexacerbated the colonial legacy of separatingpeople from nature.

d) Natural and man-made disasters

Kenya experiences minor droughts every 2to 3 years, and major droughts after 8 to 10years. Drought decimates 30–40% of thewildlife and livestock, 30–40% of cropyields, destroys riparian and gallery forests.It decimates the natural germinationcapacity of grasslands by 50%. Livestockand wildlife concentration around a fewwater points leads to serious vegetation andsoil degradation. Millions of hectares offorest are lost due to forest fires, which moreoften are caused by lightening. After fierceforest fires, as much as 20% of the plant andanimal species are lost and never recurduring the regeneration period that follows.

Lack of alternative sources of goods andservices force people to exploit vulnerableenvironmental resources in order to meetlivelihood needs as seen in the new

settlements for conflict victims in Naivashaand Nakuru suburbs, and in refugee campssuch as Kakuma. Poor people use naturalresources in an unsustainable manner whensurvival strategies are necessary. Moreover,while many communities are aware ofenvironmental concerns, they lack thecapacity to practice sound management.

Subsistence farmers and pastoralists whorank among the poorest in the country areextremely vulnerable in times of prolongeddrought and/or floods. For example, duringthe prolonged drought in 2000, hundredsof pastoralists invaded commercial ranchesin Laikipia District and Mount Kenya forestin search of pasture, and a number ofMaasai herdsmen from Kajiado moved theircattle into Nairobi also in search of pasture.Arguably the drought was the result of anatural disaster rather than human-inducedenvironmental degradation. Nevertheless, itforced people into re-activating a long-standing tradition of moving into thedrought escape areas that are now privateranches and urban centres forcingpastoralists to resort to unsustainablesurvival mechanisms.

e) Poor environment regulation

A concise policy framework from which togenerate holistic and integrated strategiesand actions does not exist. Sectoralpolicies—the technocrat’s view of forests,soils, wildlife and water—have not beeneffective on the ground. The absence of aconcise national land-use policy has had adirect impact on the way natural resourceshave been conserved.

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Land Use in Kenya • The case for a national land-use policy

The enactment of the EnvironmentalManagement and Coordination Act is anattempt to address the need for a frameworklegislation on the management of theenvironment. It is too early to judge the efficacyof this legislation. Indeed the institutionalframework envisaged by the legislation is yet to beput in place even though the legislation is now inforce. Nevertheless, the legislation has beenpassed in itself and the role of the governmentand other stakeholders is to ensure that thebenefit of the legislation are realized for thesustainable management of the environment.

2.6 The impact ofunsustainable land-use practices

a) Health hazard and diseases

Almost a quarter of all diseases in Kenya can beattributed to environmental factors. The poor,particularly women and children, are mostaffected. Water-related diseases, such as choleraand diarrhea arise from polluted water. Burningbiomass fuels for cooking and heating causesindoor air pollution in turn contributing toacute respiratory infections and related illnesses.Malaria arises from poor management of watersources where malaria-carrying mosquitoesbreed. Agrochemicals affect poor farmers whouse pesticides without training on how tohandle them or without protective clothing.

Water pollution leads to environmental healtheffects in the form of water-borne diseases, suchas, cholera ad typhoid and chemical poisoning inhuman beings and animals. For example, inMwea area, there is a higher than normalincidence of water-borne diseases among paddy

rice farmers—31% of residents show signs ofbilharzia, 15% of hookworms, and up to 50% ofthe sampled population regularly have malariaparasites in their bodies (GoK/UNEP, 2001).

A survey in major horticultural areas foundthat most farmers experience occasionalpoisoning symptoms after applyingagrochemicals. It estimated that pesticidespoison 7% of the people in Kenya’sagricultural sector every year and that aquarter of the farmers in major horticulturalareas regularly suffer from pesticide-relatedill health. Organophosphates pose an acutedanger because of their relative high toxicity.

About 80% of treated cases between 1987and 1990 at Kiambu District Hospital hadsuffered agrochemical poisoning fromorganophosphates used in coffee, vegetablesand flower production (GoK/UNEP, 2001).One tenth of all illnesses treated at LakeNorth Clinic near Lake Naivasha wereattributed to pesticide poisoning of flowerfarm workers who complained mainly ofrashes, sores and gastro-intestinal problems.High organo-chorine residues, especiallyDDT and Dieldrin, have been found inhuman milk samples taken from mothers inhorticultural and coffee-growing areas.

Further, health risks arise from the ingestionof agrochemicals in contaminated containersused to carry water, or in airborne transfer.Infections can cause skin, eye, and gastro-intestinal and respiratory complications.Long-term health effects includepathogenesis of childhood anapestic anemia,chronic mercury poisoning and possibility ofimpotence. The impacts of pollution areshown in table 25.

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55Land abuse in Kenya

Type of industry Air Water Land

Chemicals Emissions of sulfur oxide, organic chemicals, heavy Sludgenitrogen and chlorofluoro- metals, suspended solidscarbons and PCBs

Paper and pulp Emissions of sulfur oxide, Suspended solids, organicmethane, carbon dioxide, matter, chlorinated organichydrogen sulfides, substances, dioxinsmercapptans, dioxins

Cement, glass Dust containing nitrogen and Oils and heavy metals Soils contaminated withand ceramics carbon oxides, chromium and contamination metals and solid wastes

lead. Emission of lead,arsenic, carbon dioxide,hydrofluoric acid, silica andfluorine compounds

Mineral Dust and heavy metals such Discharge of acids (arsenic, Degradation by slag heapsmining as mercury lead and cadmium) and soil erosion

Refineries/ Emission of sulfur, nitrogen HCs, mercaptans, caustics, Harzadous waste, sludges,petroleum and hydrogen fumes, toxic effluent from gas scrubbers spent catalysts.products compounds and ordours.

Risks of explosion high

Leather Leather dust, hydrogen Toxic solutions containing Chromium sludgesand tanning sulfide and chromium suspended solids,

compounds sulphates and chromium

Source: GoK/UNDP 1997.

Table 25. Impact of industries on air, water and land pollution in Kenya.

b) Biodiversity loss

Organic pollution, chemical dischargesfrom industries and urban waste havedegraded fresh water bodies and their biodi-versity. Waste also impacts on water qualityand are manifest through deterioration ofthe quality of the aquatic environment,deoxygenating, eutrophication, siltation,habitat modification and toxicity amongothers. In some places some plant and ani-mal species introduced into some waterbodies have caused disastrous environmen-tal impacts. The hyacinth has interferedwith the hydrological cycle of the lakes andthe breeding points of the key lake fishes.The introduction of the Nile perch, a pred-ator, has eliminated indigenous species.

Sediment deposited into the major riversystems coupled with discharge of industrialwaste has reduced the volume of sea water,interfered with fish species and the wetlandlife forms including riparian forests andmarshlands. Pollution of inland fisheries hasfar reaching implications. There is apossibility that some of the health disorderssuffered by humans could be linked toeating contaminated fish.

Where pesticides are reasonably safe forhumans, they may be acutely toxic to fish,birds, bees and other beneficial non-targetspecies. Uncontrolled development, existingpollution and sedimentation fromagricultural areas upstream increasinglythreaten marine life.

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56

Pollution reduces the capacity of soils toproduce crops and leads to food insecurityas is the case around the Webuye paperfactory. The liquid effluent has reduced thehabitats of aquatic life forms such as fish.The fishermen's catch on Lake Victoria forinstance has reduced tremendously in thelast 10 years. According to the 1997–2001National Development Plan, the “… current fish-catch levels in Lake Victoriaare unsustainable and the potential collapse

of the Nile perch fishery is imminent” (table26). Some fish species have been reported tobe now extinct as a result of pollution of thelake and river waters.

Sewage sludge is a concentration of heavymetals and water-soluble synthetic organiccompounds. It also contains grease, oils andbacteria. When such sludge is mixed withirrigation water or agricultural manure, itleads to soil poisoning.

Category Fish Amphibians Reptiles

Total species 683 101 24Endemic in Kenya 54 13 17Known extinction 7 - -Endangered 60 2 11Vulnerable 7 - -Rare 16 1 3Introduced 13 - -

Source: GoK, 1992

Table 26. Status of species of fish, reptiles and amphibians in Kenya

Land abuse in Kenya

De-vegetation of the semi arid savannah through charcoal burning in Mweiga, Nyeri.

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c) Economic loss

In Kenya there are quantitative estimates ofeconomic costs of environmental degradationbut analysis of cross-sectoral, multi-resourceor multi-species values of our naturalresources are inadequate. However, R.F.Meadows (2001) has attempted an analysisof the relationship between the environment,incomes and livelihoods both at macro andmicro levels with regard to economic costs ofenvironmental degradation. The resultsindicate substantive losses shown in table 27below.

d) Aesthetical/cultural site loss

Aesthetic losses include interfering with thescenic beauty that renders water and

recreation sites unsuitable for recreation. Forexample, the water hyacinth at the NairobiDam has derived the sailing club use of thefacility. This reflects an economic loss.Siltation, which changes vegetation forexample, in the coastal areas of Malindi andMambrui, has rendered settlements andbeach plots for recreation unsuitable.

Litter is an eyesore and spoils the scenic andaesthetic quality of beaches and other touristcentres. The Nairobi Central BusinessDistrict is one such eyesore as it is litteredwith waste from hawking activities of theprevious night, so is litter from residentialestates strewn all over exuding a pungentsmell.

Table 27. Selected economic costs of environmental degradation in Kenya.

Service Estimated loss annually (in US$ millions)

Loss of ecological services, including watershed catchment protection function alone 26

Loss of support to rural household livelihoods, including income and subsistence 94

Loss of the national economy income 4 Loss of foreign exchange earnings 0.22 Loss to commercial and industrial consumers earnings 2 Loss of global wildlife tourism values 350Loss of total government earnings from wildlife tourism 29 Loss of global tourist consumer surpluses 450–700 Loss per forest adjacent to household; 100–350Loss of tourism from Mount Kenya forests 0.3 Loss of farm income (agroforestry, livestock and soil conservation) 330 million/haloss of elephant populations 75–97 Loss of flamingos 3–6 Loss of Amboseli lions 30 Loss of Masai Mara gross revenue 31 Loss on Masai Mara wildebeest 187–225

Source: Data synthesized from Meadows (2001)

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The Kaya forests form a natural habitat forfauna and flora, and are important for thetraditional, cultural and medicalrequirements of the local communities(from the Digo’s in the South Coast to theGiriama in the North Coast). The Kayas areused by the elders (Wanatsi) to lead thecommunities in search of their gods forforgiveness or thanksgiving after success.They are also used to appease or pacify godswhen there is evidence of declining harvest,reduced rainfall, absence of peace andharmony, rampant diseases...

These cultural groves now face challengesincluding heavy encroachment due todeclining respect for traditional values andcustoms, rising demand for agricultural landand wood fuel, mining to meet the needs oflocal and international markets. Demandfor construction materials, sand, timber, andcoral blocks and the occurrence of forestfires especially in dry seasons exacerbate theproblem.

e) Land-use conflicts

The department of livestock production inLaikipia District estimates that on average,the grazing capacity varies from 5.2 ha pertropical livestock unit (TLU) in agro-ecological zone (AEZ) IV and 6.5 ha/TLUin AEZ V. Estimates by Flurry (1986) showmore localized variations form 2.8 to 5.2around Ngobit, 2.8 to 4.3 along the NaroMoru Nanyuki Sirimon area and 6.5 ha tothe north of Timau. Central divisionconsisting of most of the plateau wasestimated to have an average grazingcapacity of 4.2 ha /TLU (Mwichabe, 1997).

Studies by the department in West Laikipiashow that the average household of 7persons who are agro-pastoralists in AEZ IVneed at least 2 cows, 1 heifer, 9 sheep and 5goats to survive. This works out to about 3.5TLU/household or a per capita demand of0.5 TLU. If the grazing capacity is at best4.3 ha/TLU then it follows that could bethe minimum land holding size that canenable a family to survive above the foodsecurity line and probably market somesurplus. In order to meet other culturalobligations for example dowry, fines, gifts,etc, the family in AEZ IV would require14.5 ha/family (Mwichabe, 1997).

The optimal farm size based on its ability toprovide self-sufficiency for the CentralDivision in Laikipia is an average of 13.2 haper household for an average family toachieve food self-sufficiency—based on theassumption of substantial contribution fromfarm crop and livestock products.

It is therefore not surprising that on smallscale ranches, the livestock population farexceeds the available grazing by a factor of4.5–7. The problem is however mitigated bythe high numbers of absentee landownerswhose land is subject to pasture poaching.Were these absentees to settle, the currentstocking rates will have to be destocked by70–90%.

Irrigation schemes on smallholder farmsupstream use over 90% of the river waterreducing the flow to similar small irrigationschemes downstream resulting in conflictsin the recent past. This situation prevailsparticularly along the rivers Engare Ngobit,

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59

Suguroi, Salama, Pesi, Lamuria and Kanagoiwithin the Kieni West area (Ngobit areas).

The pastoralist Maasai move with theirlivestock during dry spells over a large areawithout any regard to private property. Thishas resulted in conflicts with large-scaleranchers who despite fencing the ranches,the Maasai still move their cattle onto theranches in search of pasture and water.

f) Increase in poverty

Degradation of the environment leads tolower fertility and productivity of a naturalresource (such as soils) resulting in foodinsecurity. This leads to a decline inhousehold nutritional status, with childrenparticularly being affected. Shortages offood coupled with lack of access to waterand poor sanitation are amongst the factors,which cause malnutrition.

One coping mechanism adopted by poorpeople when food is scarce is to findalternative land for grazing and cultivation.Often this involves the use of "unsuitable"or marginal land, such as wetlands orvulnerable forests, which, in the longerterm, cannot sustain such usage. For manyKenyans, hopes of building or evenaccessing shelter are rapidly diminishingowing to the increasing cost of buildingmaterials and inappropriate shelter policies,technologies, standards and strategies.

Catchment destruction that resulted inlowered flow of water into streams led notonly to water rationing in major towns inKenya but also to rationing of electricity. Two

hydropower generation plants closedreducing the power supply by over 70%. Thecountry undertook expensive emergencymeasures to supply power that cost billions ofshillings in importing equipment andpersonnel. Power consumption bills went upby at least 200%. Almost 40% of jobs werelost in this period. To address the shortfall, a305 megawatt thermal generator that utilizes20,000 litres of diesel a day wascommissioned. The side effects of thisgenerator included health threats to nearbyresidents and increased release ofhydrocarbons into the atmosphere. This time,an ecological mistake nearly grounded thenational economy as industries operated atless than half the capacity.

Households with few assets are mostvulnerable to all kinds of shocks. Resilience ofhouseholds is dependent on financial andsocial capital or rights to exploit naturalcapital. External shocks are an importantcause of asset loss. Households andcommunities are often poor because cruciallivelihood assets, such as livestock or land,have been affected by disease, floods, orconflicts/ethnic clashes. Natural and man-made disasters have a greater impact upon thepoor who may have no choice but to live andwork in locations that are unsuitable and atrisk or more prone to disaster.

g) Disjointed policies, laws andinstitutions

There is no policy framework from whichholistic and integrated strategies for wise useof land can be generated. Instead, there arenumerous sectoral policies laden with

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60

sectoral interests. The translation of thepolicies into practice has not beensuccessful. The absence of a concise,national land-use policy has had a directimpact on the way natural resources areconserved.

Since the late 1970s, ad hoc reviews of thesectoral policies have attempted to graft anintegrated national outlook. The reviews areusually parliamentary sessional papers,national development plans or sectoralaction plans. The first effort at formulatinga macro land-use policy was Sessional PaperNo. 1 of 1986 on Economic Managementfor Renewed Growth, which targetedlimiting misuse of land in the country.Through this, the government expressed theintention to establish a National LandCommission to review land tenure, land-usepractices, and legislation to conform withcurrent development needs.

The best attempt to put in place anintegrated, national policy on land use wascontained in the National EnvironmentalAction plan (NEAP) which culminated inthe enactment of the EnvironmentalManagement and Coordination Act of 1999which has been operationalised, but its fullinstitutional framework is yet to be put inplace.

The development policies for towns inKenya are still modeled along the colonialline, where conservation of natural resourceswithin peri-urban areas is considered atemporary use of the land as opposed tourban activities associated with industrialactivities. The main thrust of the policy oncommerce and industry is the promotion of

import substitution to attract externalinvestors into the country. The policyencourages extractive use of natural resourcebase with minimal investment in itsconservation and sustainable management.

As early as 1930, the colonial government inKenya established laws and institutions suchas the African Land Development Board toreduce soil erosion within the "nativereserves". The post-independence govern-ment elaborated on these and establishedlaws to stem land (natural resources)degradation mainly as sectoral efforts. TheKenya Constitution itself does not havedirect provisions protecting theenvironment and natural resources otherthan under sections dealing with the broadissue of human rights. The laws have beenentrusted within various ministries,parastatals and commissions that have been,and are still instrumental in themanagement of natural resources.

Fortunately an umbrella law was enacted in1999 to rationalize the sectoral acts. Theseinclude more than 50 separate statutes thatrelate to the protection of natural resourcesand the environment in general. Those thatregulate land-use activities include theAgricultural Act (CAP 318), Land Control(CAP 302), The Chief ’s Authority Act(CAP 128), the Mining Act (CAP 306), theLocal Government Act (CAP 268), theTrust Land Act (CAP 208), the LandPlanning Act (CAP 303) and theGovernment Lands Act (CAP 280).

There are separate ministries, departments,corporations, technical institutions, agenciesand organizations for every known

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biophysical component of the environment.Each of these institutions has its own set ofpolicies, regulations and even lawsgoverning its operations. Quite often, theseinstitutions have no relationship with oneanother. Hence the department dealing withsoil and water conservation is in theMinistry of Agriculture but hardly has anylinks with the Ministry of Water nor that ofLands at the policy and technical levels. Atthe policy level the Ministry ofEnvironment does not have any powers overhow land is alienated and used in thecountry.

Despite the absence of policies and laws,and despite the conflicts, overlaps andoverlooks in the sectoral policies, laws and

institutions, there is some possibility thatwere the government and its agencies toimplement the framework the way it is,some significant benefits would accrue inthe area of natural resources management.Indeed, the period between 1963 and 1980saw a show of goodwill on the part of civilservants who applied the same frameworkand went out of their way to implementprogrammes that did less damage to thenatural resources. The political establish-ment was commited to conserving naturalresources to the point where the worldrewarded them by locating a key naturalresources management institution—theUnited Nations Environment Programme(UNEP)—in Kenya!

The technocrats in government had well-placed zeal in internalizing the concerns andagreements from the global fraternity aswere emerging from the variousinternational protocols. When corruptiontook root and became some kind of nationalpastime, all the policies, laws andinstitutions were rendered irrelevant. Forestshave been destroyed everywhere. Wildlifepoaching and deforestation have reachedalarming levels. Individuals can invadewetlands and water catchment areas withoutretribution despite the existing laws.Individuals who are "politically correct" willpollute the environment and damage thewater and terrestrial resources withoutrestraint.

Land abuse in Kenya

Since the late 1970s, ad hoc reviews

of the sectoral policies have attempted

to graft an integrated national outlook.

The reviews are usually parliamentary

sessional papers, national development

plans or sectoral action plans. The first

effort at formulating a macro land-use

policy was Sessional Paper No. 1 of 1986

on Economic Management for Renewed

Growth, which targeted limiting misuse

of land in the country. Through this,

the government expressed the intention

to establish a National Land Commission

to review land tenure, land-use practices,

and legislation to conform with

current development needs.

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The emerging trends62

Land Use in Kenya • The case for a national land-use policy

3.0 The emerging trends

Shifts in policy, legislation and institutionalland-use practices have over the yearsbrought about changes in the way land-based resources have been used in space andtime. Such changes can roughly be groupedin three periods each with unique landmarkchanges.

3.1 The genesis ofsectoral policies,laws and institutions

This period covers the decades between1898 and 1963 when the country was undercolonial rule. Generally the authoritiesmade policies and laws that not only

enhanced production but also preservedforests, wildlife and soils and enforced themwithout persuading the indigenous people.The colonial administration appliedprinciples of conservation according to theletter. Settlers who had the habit ofdestroying natural resources in their bid toexpand their agricultural activities ceased todo so.

Everybody feared the consequences ofbreaking the law and the destruction offorests, wildlife, wetlands, soil loss was at aminor scale. The indigenous Africans, weresubjected to punitive laws. Indeed this wasan era when the laws stated in the variousstatutes were applied and followed to theletter. It was an age of mechanicalapplication of scientific principles without

Chapter ThreeEmerging trends

Fighting desertification in Migwani division of Mwingi district.

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Land Use in Kenya • The case for a national land-use policy

regard to the needs, responsibilities andcapacities of the local communities inmanaging natural resources.

This age could be called the “golden era” fornatural resource conservation in Kenyabecause there was little destruction of theresources. Clearing of indigenous forests wasminimal. Wildlife protection was probablyat its best. There was no economic pressureto reclaim wetlands. But, soil loss within theareas reserved for Africans was significant.

3.2 The benevolenceage

This period spans from 1963 to about 1983.These decades were the "competence test"for the new government after independence.The new government introduced a humanface in the application/enforcement of thesectoral policies and laws on conservation ofthe natural resources, which had been put inplace prior to independence. But thegovernment did not attempt to improve onthem. For instance the forced use of benchterracing for soil erosion was stopped. Forestreserves such as Marmanet, Mt. Elgon, MtKenya, Lamu were de-gazetted andconverted into settlement schemes for thepoor and landless who had been displacedby the white settlers. The punitive fines forfishing and poaching wildlife werediscarded.

Although the politicians were reluctant tostress the colonial conservation policies forfear of being associated with the draconianconduct of the colonial government, thenew government established a central policyposition in Sessional Paper No. 10 of 1965,

which recognized the need to conservenatural resources for future generations. Theconcern to balance conservation of theresources with the need to exploit wasincorporated in the national developmentplan. Subsequently the governmentestablished the National EnvironmentSecretariat which spurred this policy intodevelopment planning. Subsequently, theUnited Nations Conference on HumanEnvironment (UNCHE) facilitated thelocation of the United NationsEnvironment Programme in Kenya in 1973.

In the 20-year period, natural resourcesmanagement and environmental protectionenjoyed unprecedented political goodwilland support form the highest office in theland. Resource conservation was part of thepolitical agenda. This enabled technocratsto introduce some meaningful changeswithin the sectoral polices and internationalprotocols. This was reflected in an upsurgein the development of environment andnatural resources institutions, and schools ofwildlife management and environmentalstudies. The question of appropriatetechnology took center stage in thedevelopment process.

Overall, excision of forests was slower.However, wildlife went through the mostdramatic loss especially between 1975 and1983 when ‘politically correct poachers’nearly decimated the large herbivores in thecountry. The wildlife saga was actually thefirst impact of high-level corruption. Soilerosion worsened until about 1975 wheneconomic realities and good extensionpackages in NSWCP reversed the trend.

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Land Use in Kenya • The case for a national land-use policy

3.3 The dark age

The period between 1983 and 2001 couldbe considered in this country as the age ofironies and contradictions. Sectoral policies,legal and institutional reforms were at anadvanced stage. The application ofappropriate technology was brought withinthe policy environment to influencesustainable utilization of the naturalresources.

In addition, rational programmes emergedin response to international protocols andcooperation. In 1996, six East Africancountries decided to pool resources underthe auspices of IGADD to fight naturalresource degradation. In 1987 thegovernment took practical steps to integratedevelopment and environment on asustainable basis following the provisions ofthe report "Our Common Future" by theBrutland Commission. In 1989, thegovernment in response to the UNEPGeneral Assembly and the United NationsConference of Environment andDevelopment (UNCED) placed highpriority on integrating financial, scientificand technological resources in the nationalprogrammes to reduce the degradation ofnatural resources.

Despite all the gains at technical and policylevel, there was no political will to supportconservation of natural resources. Someindividuals and private citizens destroyedforests, wildlife and wetland areas withimpunity because of the short-term politicalsurvival interests, and high-level corruptionin the power structures and government

system. All the policies, laws andinstitutions charged with sustainableutilization of the natural resources wereignored. Forests were excised and convertedinto private land without regard of their roleas a public good. The internationalcommunity has pumped billions of shillingsinto the Kenya Wildlife Service (KWS) toprotect wildlife resources. Although theRamsar sites have been officially declared,there still are cases of individuals acquiringbeach plots along Lake Naivasha asevidenced by the spirited resistance of theNaivasha Riparian Owners Association. TheExport Promotion Zones in the industrialarea of Nakuru also discharge waste intoLake Nakuru.

Water and wetland resources, however, haveborne the brunt of decline during thisperiod. Despite significant awarenesscreation in the development andconservation of water resources, pollutionsteadily increased.

Shifts in policy, legislation and

institutional land-use practices have over

the years brought about changes in

the way land-based resources have been

used in space and time. Such changes

can roughly be grouped in three periods

each with unique landmark changes.

These periods include the age of hegemony

during the colonial period;

the benevolence age immediately after

independence and the dark ages today.

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65

4.1 Justification

It is clear from the above that the currenttrend of using land will lead to a gloomyfuture if the status quo is maintained.Pollution will continue; destruction of watercatchments will increase leading to cessationof flow of major rivers and limiting waterand power supplies; land-use conflicts overarable land; water and pastures will escalate;the savannahs and grasslands will besubjected to severe desertification due toexpanding agricultural activity, overgrazingand the search for fuelwood. Loss ofbiodiversity will accelerate the collapse ofthe life-supporting ecosystems.

The Kenya Land Alliance (KLA) formed in1999 is advocating for formulation andimplementation of a National Land Policyand a review of land laws. The initiative tocreate an institutional framework for landlaws and land policy advocacy in Kenya wasnecessitated by the realization that thepolicy, legal and institutional frameworkcreated in 1950s is inappropriate because ofthe many changes in the social, political,economic and cultural fronts in the countrytoday. The increase in population hasresulted into a heightened competition foraccess to land and natural resources. Inaddition the changes in the globalenvironment have combined to create asignificantly different reality. It is in the faceof this reality that KLA has consolidated all

efforts towards effective advocacy for landpolicy and land law reforms in Kenya, as acontribution to the constitutional reviewprocess.

4.2 The choices to bemade

The possible future scenarios regarding thenatural resources available for use in Kenyarevolve around three key areas: i) Thenational land-use patterns; ii) the evolvingpolicies and legislation with respect tonatural resources in particular; iii) therelated sectoral policies and how they affectthe entire economy, and the effects oftechnological innovations and other globalchanges.

Scenario 1Maintaining the status quo

This scenario involves maintaining thestatus quo characterized by an increasingpopulation, and the projected trends of thecurrent land-use practices worseningfollowing the search for additional land. Thesituation could accelerate migration intoASAL areas as a large proportion of thegrowing labour force find affordablesettlements but to the detriment of forestsand rangelands. Pollution and technologyabuse will continue unchecked. There willbe little improvement in governance becauseof little political goodwill in enforcing

Chapter FourTowards a national land-use policy

Towards a national land-use policy

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Land Use in Kenya • The case for a national land-use policy

policies and legislation. Corruption in everysector of the economy continues.

The consequences of this scenario will besevere particularly in the area of wildlifeconservation and the environmentalprotection. Continuation of the currenttrends in land use implies that the areaunder crop production is likely to increase

to approximately 15.0 million ha by the year2005, with a corresponding decrease inforest and woodlands. There will be moreencroachment on forests and rangelands,increased settlements and cultivation inASAL that would lead to environmental degradation and destruction of watercatchments. Agricultural expansion into theASAL will be uneconomic in the long rundue to the ecologically fragile state of theregion. Expansion of large scale agricultureinto wildlife and pastoral areas andcommercial ranching, and smallholderagriculture will increase. The expected land-use changes are shown in figure 11.

Continued land-use conflicts are expectedamong such activities as smallholderirrigated agriculture, rainfed agriculture,pastoralism and wildlife, coastal tourismand exploitation of the wetlands in districtssuch as Tana River.

There will continue to be less room forroaming wildlife. The stock of wildlife inboth reserves and national parks will reduceleading to possible decline in the volume ofboth local and international tourists. Therewill be increased pressure on wildlifeconservation and protected areas to beopened up for settlement and agriculture.The pressure to allow access to parks fordry-season grazing is already on the increaseespecially in Narok and Taita Tavetadistricts. The communities claim that theparks were their ancestral lands andtherefore have grazing rights, as they neverreceive any tangible gains from tourism.

Figure 11. Projected land-use trends

Pop

ulat

ion

(in m

illio

ns)

45

40

35

30

25

20

15

10

5

0

Period1991 2000 2005 2010 2015 2020

Source: Institute of Economic Affairs, 1999

Cultivation

Forests/woodlands

Pastrolism

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There will be increased loss of biodiversityto unplanned human activities leading to abreakdown in the life supporting systems.Destruction of catchment areas will lead tocessation of river flow and affect the watersources and supply systems, loss of scenicbeauty and irrigation potential. Uncheckedincrease in pollution and destruction of thenatural resources will inevitably occurwithout good political will, sound policiesand laws.

Scenario 2Instituting a rational national land-useprogram by chance

This scenario assumes that the goodwill ofindividual citizens and donors and sectoralreform will at some foreseeable future leadto rational use of land in the country.

Under this scenario the land resources mayundergo positive gains. Such gains may bein the form of increased open-canopy forestson private lands and the reduced rate atwhich land is converted for cultivation.Land-use intensification will continue (asemphasized in Sessional Paper No. 2 of1994 on National Food Policy). A draw

back to this scenario is the high costsinvolved and lack of political will. This willslow down the implementation process.High capital investment for the develop-ment of agricultural innovations, buildingfarmer capacity through training, andcreating public awareness will remain adream. There will be no strict land-usecontrol system to ensure that proper land-use practices are established in all places inaccordance with appropriate zoning ideals.

The best that one can expect from relianceon a goodwill scenario is the intensificationin use which lessens the pressure on land.Forest destruction may be reduced by about1.5% annually. It also implies that a total of11.5 million ha will be saved fromconversion to agriculture by the year 2020(table 28).

If implemented, intensification ofagricultural land will have tremendouspositive effects on the overall status ofnatural resources particularly availing moreland for other land uses such as pastoralism,water catchment, conservation, wildlife andsettlement.

Land use Land requirement (million ha)

1995 2000 2005 2010 2015 2020

Status quo (current agriculture) 10.6 11.8 13.1 14.3 15.5 16.7Intensification of agriculture 10.6 11.8 10.5 11.5 12.4 13.4Land made available by intensification 0 2.6 2.8 3.1 3.3

Remaining forest and rangelands

i) Status quo 42.9 41.4 40.0 38.6 37.1 35.6ii) With agriculture intensification 42.9 41.4 42.6 41.4 40.2 38.8

Source: Institute of Economic Affairs, 1999

Table 28. Changes in land use and projected requirement

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To attain the scenario, high capital invest-ment to develop appropriate technology andmanpower will be necessary to sustain thechanges. It will also require a stronggovernment input, strategy reinforcementand goodwill for promotion of productivepractices, especially the wider use ofimproved seeds, fertilizer and disease andpest control; promotion of increasedintercropping and multicropping; provisionof efficient support services includingextension, research and storage andhandling services in the agricultural sector;restructuring various institutions chargedwith the management of all the sets ofnatural resources in question; transforma-tion of most of the policies and legislationrelated to sets of natural resources to levelsthat are compatible with the socio-economic, political, environmental andecological realities.

The worst occurrence would be negativeloss through de-gazzettment of the remain-ing important forest areas, grabbing of plotsby some unscrupulous people, minor levelof poaching, minor forest losses through fireand wood poaching, and loss of soilsthrough soil erosion.

Scenario 3Instituting rational land-use by choice

Scenario three will depend on the followingassumptions.

• Population pressure is minimized as a result ofthe economic realities of the time. Policies andlaws would have been strengthened and theinstitutions harmonized.

• That corruption will be eliminated whengovernment embraces the principles of goodgovernance and the entire population’s ethicschange against corruption. In addition,increased economic burden would rise to thelevel that people reject the status quo.

• It is further assumed that new economicopportunities would emerge alongsideinnovation and use of technologies thatutilize natural resources at optimal levels.

• Introduction of multiple land use willdepend on formulation of a national land-use policy enacted and enforced to guideand harmonize land-use planning activities.Though majority of the population willcontinue to depend on land for theireconomic welfare, they will be supported topractice the best economic andenvironmentally least harmful land-usepractices based on land potential and locallevel land-use management plans with theactive participation of local communities insetting out areas for specific and appropriateuses. The local people will be encouragedand supported to participate in land-usedecisions and in the conservation of wildlifeand biodiversity in the wider sense. Localcommunities would gain more fromwildlife conservation than from alternativeland uses.

The possible impacts of this scenarioinclude more efficient use of the availablenatural resources, and an increase in theoverall balance of natural resources. Therewill be an increase in biodiversity, wildlifepopulation, rational use of ASAL andincreased land equivalent ratio.

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Introduction of multiple land-use systemsalongside agricultural intensificationtherefore has tremendous impact on Kenya’snatural resources conservation andenvironments. More land will be availed foruse. There will be reduced destruction ofnatural resources and environmentdegradation. The welfare of landowners willbe guaranteed through diversification oftheir economic base and production strategyespecially in the ASAL where climaticconditions are unpredictable.

Two major conclusions can be drawn fromthe three scenarios.

The best option is Scenario 3: Institutingrational land-use by choice, where adeliberate effort is made by all sections ofthe Kenyan society to institute a rationalland-use programme. This requires commit-ment, goodwill and a change in attitudeamongst the peoples of Kenya. It willrequire a facilitative environment(technological innovations including use oftraditional skills and indigenous knowledge,rational policy, legal and institutionalframework as well as collective bargaining).

Scenario 1 is probably the worst option.Unfortunately it is the easiest to achievesince one ends there by doing nothing.Scenario 2 will introduce half-heartedmeasures through reforms driven byinternational protocols and donor pressure.The desired results will most likely happenby chance as the process relies on externalinitiatives and the goodwill of the populace.The current externally-driven reforms willperhaps lead to a rational land use by chancebut over a long period of time. It is therefore

reasonable to suppose that everybody, notgovernment alone, is responsible forinstituting a rational land-use plannationally and each person should play theirpart in putting in place the transformationrequired for the realization of scenario 3.

4.3 The key elements ofa national land-usepolicy

To review and put in place an appropriatenational land-use policy, principles to guidethe process should be enforced.

a) The guiding principles

The principles are aimed at guiding themanner and conditions under whichappropriate use of land can be achieved. Theappropriate land-use system must involvemaking decisions, choosing betweenoptions, accommodating diverse interestsand presenting them as guidelines whoseimplementation must cater for the bestinterests of people individually, communallyand as a nation. To achieve this, the systemmust be based on some mutually agreeablerationale that guides the decision-makingprocess and the institutions in charge of theadministration of land resources. Thefollowing are core guiding principles:

• The cultural integrity of the various peoplesin Kenya relating to perceptions, rights,tenure systems, community institutions,conflict resolution among other valuesystems, must be respected and recognizedas the basis for making decisions on landuse and therefore superseding short-term

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political interests. People resident in a givenarea should have first priority indetermining access to land resources andproviding time-tested conflict resolutionmechanisms.

• Whereas it is important to meet theobjectives of the people and those fornational development when zoning landuse, an equilibrium must be maintained fora suitable environment. Satisfying humanneeds should be balanced with the needs ofother organisms in order to maintain theecological linkages that sustain life.

• The State must ensure equity amongst thevarious categories of resource users, theirproduction systems and ecosystemprotection. The land-user rights and accessby all citizens must be treated equally. Therights of access by future generations mustnot be compromised by the presentgeneration.

• Access to, use and conservation of landresources must be based on a nationalsystem of resource allocation where variousstakeholders, including the general public,participate in decision-making andadministration through a forum whereconsensus is reached after compromises andconcessions are voluntarily made.

• The ‘Abuser Pays’ principle needs to beembraced as a preventive measure. Liabilityfor resource abuse should never be passedon but rather, the abuser of naturalresources should be forced to meet the costsof rehabilitation.

b) The National Land-use Plan

For a national land-use plan to providecoherent, rational and coordinated guidanceon the use of land resources in Kenya, itmust be comprehensive and integrated andshould aim to:

• Rationalize the use of land resources in linewith the principles of appropriate use andsustainable development.

• Harmonize initiatives in the use of landresources so as to achieve an integrated andsustainable strategy for managing naturalresources.

• Consolidate the inventory of landresources, and create a platform of strategicinformation for national land-use planning,resource allocation and resourcemanagement programmes.

• Provide a suitable institutional arrangementfor a national early warning system thatwould alert the relevant policy andimplementing agencies of the current andemerging threats to ecological andeconomic sustainability of the resources.

• Establish the guidelines that control anddirect land-use and production systems,and technological choices for differentecological and social differences.

A national land-use plan can be developedusing a national land-use planning processthat entails the following.

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c) Continuous land-use planningprocess

Since land is used for different purposes, itis important to select the appropriatepurpose for a particular area that best servesthe interests of all those involved. Differentland uses such as pastoralism and sedentaryfarming in ASALs compete. The peopleliving in a specific area usually consist ofdifferent groups with divergent interests inland and its resources.

Land-use planning therefore is a process ofmitigating competing land uses and thediverse interests of people. The processbalances three objectives:

• to maximize the use of scarce naturalresources to meet socio-economic, politicaland cultural obligations of people.

• to ensure equity or fairness in thedistribution of costs and benefits from theuse of the resources among groupsregardless of social background.

• to add value to natural resources. Land-useplanning is therefore directed at the "best"use of the land.

The end result of the land-use planningprocess is a national land-use plan in whichthe country is zoned into areas suitable forvarious uses such as agriculture, conserva-tion, cultural groves, industry etc. Thedevelopment of the national land-use planwill spell out the responsibilities at thenational, meso and local levels.

Land-use planning is a continuous processnecessitated by the need for change; or aris-ing from the development of national

objectives. The process can also be triggeredby national development plans such as thecurrent focus on poverty eradication. Twoprocesses should be undertakensimultaneously. Land evaluation to re-examine the suitability of land for the useand undertake what is commonly referredto as farming systems analysis to gauge thesocio-economic constraints. In Kenya, suchdata exist in national institutes such as theKenya Agricultural Research Institute andKenya Forestry Research Institute, and withinternational non-government organiza-tions such as The African Medical andResearch Foundation and OXFAM.

Land evaluation is a critical step when carryingout a land-use planning process. It is theprocess of assessing the suitability of land foralternative uses. The process includes theidentification, selection and description ofland-use types relevant to the area. A suitabilityanalysis is then conducted to determine thebest use by matching the various landpotentials and the positive as well as negativeconsequences of each land-use type. One of thekey considerations is the level of current andfuture investment in terms of technology,which will alter the suitability ratings. The landevaluation process supplies the land-useplanning process with alternatives for landresource use.

d) Environmental impactassessment

Environmental Impact Assessment (EIA) isthe integration of the science ofenvironmental analysis with the politics ofresource management. It is a process ofenvironmental planning and monitoringthat ensures resource management is

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sustainable. It is an action-oriented policystatement providing for a mandatory andpublic environmental impact statement overany development activity.

Environmental impact assessment focuseson the unpredicted costs of developmentprogrammes. For example water reservoirsmay lead to diseases, weed problems,eutrophication and seismic effects. Healthprogrammes may lead to drug resistance,water pollution or population increase.Irrigation projects may trigger diseases,water pollution, salinization or waterlogging. Increased agricultural productioncan pollute the soil, acidify it or lead togenetic loss.

It is therefore mandatory that landearmarked as suitable for one form of landuse undergo thorough environmentalimpact assessment before implementing theprogramme and projects.

The newly enacted EnvironmentManagement and Coordination Actprovides for Environment ImpactAssessment before any major developmentsare undertaken that have a bearing onnatural resources and the environment.Once the legislation is fully in force and theinstitutional framework for its enforcementis fully operational it should be possible forthe environmental impact of majorenvironment projects to be established andcorrective and mitigation actions taken.However, as with every legislation, thegreatest challenge is in the enforcement.

e) Incentives and penalties

Incentives and penalties need to be welldefined to protect the natural resources andalso the welfare of the people who dependon these resources for their livelihoods.Sanctions are best developed through aparticipatory process with stakeholders sothat a compromise is reached betweendifferent parties.

Such sanctions will involve clearly definingthe values to be protected. For example:human health safety and life support mediasuch as water, soils, flora, fauna; use of amixture of criminal, civic andadministrative statutes to allow flexibility inadministering incentives and penalties; aclear statement and an un-ambiguous list ofcrimes perceived as land resource abuse.They may include:• Damage and permanent injury to the

ecosystem• Pollution which injures another human

being• Contributing to risk of injury to the

environment• Contributing to the risk of death or

injury to human beings and otheranimals

The crime list would include:• Released pollutant into the environment• Operated a hazardous installation• Handled toxic materials• Contributed to damage of ecosystems• Supplied false information on monitor-

ing or• Tampered with monitoring equipment

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Incentives could involve a wide range ofawards and tax exemptions for industrialistsand other land users who use technology topreserve resources; the individuals whocontribute immensely to knowledge onappropriate use of the land resources; clubsand groups who volunteer time, knowledgeand resources to lobby for specific land-useissues need to be recognized by society andlisted in the national heroes medal awardsscheme.

f) A rational land-tenure system

Arable land in Kenya comprises 19.2% oftotal land, of which 2.2% is covered byforest. The remaining 82% is arid or semi-arid. About 24 million Kenyans live off17% of the country’s arable land majority ofwhom own tiny pieces of land or arelandless. In Nyanza, Western and CentralProvinces, the average land size droppedfrom 2 to 1.6 ha between 1982 and 1992(Ogendo and Kosura, 1995). Over the sameperiod 15–25% of the 5 million householdsin Kenya were virtually landless with noguaranteed access to land.

This situation has resulted from the suitablebut scarce land being hoarded by the middleclass in the high-value highlands andmunicipalities. There are also problems ofgender where widows and youth have beendispossessed especially in trustlandsinheritance process. This skewed access anddistribution of land inevitably translatesinto sharp social differences leading toincreased poverty, political marginalizationof citizens because some are squatters.

The National Land-use Plan therefore needsto be supported by a national land-tenurepolicy which ensures fairness and equity inaccess and control of land and its resources;facilitates just and fast administration; hasfair conflict-resolution mechanisms; spellsout fair compensation mechanisms; andfacilitates and protects informal leaseholdsespecially the landless who have farmingskills but no purchasing power to own land.

g) Institutional re-arrangement

A national land-use policy with a well-articulated national land-use plan willrequire an apex, umbrella organization tointegrate all the concerns in land resourcesand take the responsibility of implementingand enforcing the provisions of the policy.A suitable institution would be a permanentnational land-use commission. Thecommission would enforce the nationalland-use policy and implement the nationalland-use plan. It will stipulate the mannerunder which land resources can be accessedand used. The commission will take intoaccount what cannot be compromised, therights of the people, and the principles ofconservation.

4.4 The assets to build on

a) The National EnvironmentAction Plan (NEAP)

The NEAP was adopted in June 1994. TheNEAP Report addresses environmentalissues in an integrated cross-sectoralmanner. The NEAP provides not only astrategy for achieving sustainable develop-ment in Kenya, but is a basis for translating

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Agenda 21—the Global Programme ofAction on Environment andDevelopment—into an action plan. Itshows the government’s continued commit-ment to conservation and sustainable use ofnatural resources, as stated in the nationaldevelopment plans and policies. Theenactment of an umbrella law for themanagement of environment (EMCA) in1999, and the development of the NationalPoverty Reduction Strategy are key achieve-ments of the NEAP.

b) The National EnvironmentalManagement and CoordinationAct (EMCA) (1999)

This is an Act of Parliament that establishesan appropriate legal and institutionalframework for the management of theenvironment in Kenya. The Act stipulatesthat there is need to improve the legal andadministrative coordination of diverseinitiatives in order to improve the nationalcapacity for the management of theenvironment. The Act also provides that theenvironment constitutes the foundation inthe national economic, social, cultural andspiritual advancement.

The general principle of the Act is that everyperson in Kenya is entitled to a clean andhealthy environment and has a duty tosafeguard and enhance the environment.The Act enforces the principles ofsustainable development, namely; • The principle of public participation • The cultural and social principles

traditionally applied by any community inKenya for the management of theenvironment or natural resources

• The principle of international cooperationin the management of environmentalresources shared by two or more States

• Intergenerational and intergenerationalequity

• The polluter-pays principle• The precautionary principle• An effective administrative structure that

consist of the following organs—

c) The National EnvironmentalManagement Authority (NEMA)

NEMA’s main object and purpose is toexercise general supervision and coordina-tion of all matters relating to the environ-ment and to be the principle instrument ofgovernment in the implementation of allpolicies relating to the environment. Themain responsibility is monitoring the stateof the environment; advising theGovernment on issues of environmentpolicy legislation; coordinating andharmonizing integration of environmentalconcerns during development planning;overseeing compliance with environmentallaws, regulations, impact assessments andstandards; and promoting environmentaleducation and awareness.

d) The external goodwill

Over the last three decades there have beenconcerted efforts globally to direct attentionto the management of the environment andnatural resources and its linkages with socialand economic development. Internationalattention on natural resource managementin Kenya picked up in 1972 after the UnitedNational Conference on HumanEnvironment (UNCHE) which attempted

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to integrate development and environmentconservation as a way of stemming naturalresource degradation.

According to the register of internationaltreaties and agreements, Kenya ratified 36out of the 152 instruments beforeindependence in 1963. Most of the treatiesdate back to 1921. Between 1963 and 1973—Kenya’s first decade of independence—the country adopted 35 conventions.Between 1973 and 1983 forcefularticulation and development of policies onenvironment and natural resourcemanagement was evident in Kenyaparticularly following the UNCHE and theBrutland Commission that generated thepolitical will by locating UNEP in thecountry.

In 1977, UNEP initiated an action plan"Global system for combatingdesertification" which triggered Kenya tostart preparing a national action plan ofnatural resource management. In 1980, theWorld Conservation Strategy was launchedin Kenya with support from TheInternational Union for conservation(IUCN), the Food and AgricultureOrganization of the United Nations (FAO),and UNEP specifically to initiate a nationalapproach to stop the environmentalproblems and diminishing naturalresources. This was the precursor to themuch-publicized National ConservationStrategy that yielded the NationalEnvironment Action Plan (NEAP).

In 1986, six East African countries resolvedto pool resources to fight natural resourcesdegradation under the auspices of the Inter-

Governmental Authority on Drought andDesertification (IGADD). In 1987 thegovernment started practical steps tointegrate development and environment ona sustainable basis following the provisionsof the report "Our Common Future" by theBrutland Commission. In 1989, thegovernment in response to UNEP GeneralAssembly and the United NationsConference on Environment and Develop-ment (UNCED) started putting highpriority on financial, scientific andtechnological resources into its nationalprogrammes to reduce the degradation ofnatural resources.

After the Rio Summit in 1992, virtually allthe government programmes within thepublic investment programmes were basedon the provision of Agenda 21. Theimmediate products have been the NEAPand the Environment and Management Actof 1999 that proposed the NationalEnvironment Management Authority[NEMA]).

The protocols come with financial andtechnical provisions that countries from thedeveloping world could use to effectivelymanage their environment. Overall, Kenyahas accepted 29 out of 54 conventions onenvironmental management. Trendsbetween 1993–2003 show poor implemen-tation of principles enshrined within theinternational protocols. It appears thepolitical establishment does not supportsome specific provisions in the agreements.Also, the competence of professionals tomanage such conventions has drasticallybeen compromised. In addition, parliamenthas never been a key party to the treaty

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provisions and therefore broad-basedpolitics may be uncertain.

e) Traditional laws, skills, practicesand institutions

The Loita Maasai, a sub group of the Masaipastoralists, inhabit the southern part ofNarok District. Under the guidance of thecultural and spiritual leaders known asO'Loibon they have since colonial times,consistently and successfully resistedmodern land tenure systems and naturalresources management. Their cousins, thePurko Maasai inhabiting the northern partof the same district rapidly embracedmodern land tenure systems and resourcemanagement. This, unfortunately, hasresulted in a rapidly degradingenvironment. Conflicts arising fromlandlessness and lack of pasture emerged aslarge chunks of the grazing land were soldoff to the wealthy who then converted theminto wheat farms.

The Loita Maasai on the other handenjoyed a healthy and well-managedenvironment. Their indigenous resourcemanagement systems continuously shieldedthem from drought.

Lpinguan Ranch has changed handsseverally. First the Laikipia Maasai wrestledit from the Samburu. Later the Whitemanappropriated it after the 1911 MaasaiAgreement and developed it into alivestock-breeding ranch under the nameP&D Ranch.

Fifteen years after independence, theownership reverted to the governmentunder the Department of Settlements in theMinistry of Lands. The Samburu who hadbeen squatting on the land made a claim tothe ranch to which government verballyacceded. Taking the promise seriously,Samburu pastoralists from the largerSamburu District, together with a few Pokotand Turkana herdsmen, started occupyingthe ranch bringing with them large herds oflivestock.

In four years, the productivity of thepastures declined from 6 t to 0.3 t perhectare due to overgrazing. The exposure ofthe topsoil accelerated soil erosion reachinglosses of about 50 t per hectare per year. Thewater dams shrunk in volume or dried up.With the help of the Laikipia WildlifeForum the old men sought security oftenure from the government so that theycould invest their money, time and labour.

They worked on a management plan thatwould revive the productivity of theirpastures. An immediate step in the plan wasto secure tenure but to use the land to getthe highest returns, through tourism. Theranch was not subdivided but individualplots would be issued to form the basis forbuying shares from the limited companythat would run the tourism facility. A smallenclosed part of the ranch would hostcritical infrastructure tha would include aveterinary diagnostic laboratory, a livestockauction yard, a small stock-fattening facility,and grounds for grazing during drought.

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Conclusion

The land-use problems facing Kenyatoday are due to the lack of anappropriate national land-use policy.

The air is increasingly being polluted; watersystems are diminishing in volume anddeteriorating in quality. The land is threatenedby desertification. The soils are being erodedand deposited in the ocean and lakes. Theforests are being cut with impunity thusdestroying the water catchments and thesavannahs and grasslands are undergoing de-vegetation through overgrazing, charcoalburning and other inappropriate land-usepractices.

The underlying causes of the deteriorationof the life support systems (air, water andland) is a result of unsustainable land-useactivities notably deforestation, badirrigation techniques, overgrazing, fuelwoodharvesting and charcoal burning. Others arepollution from industries, harmfulagricultural practices and impropermanagement of solid and liquid urbanwastes. The ever-increasing populationexerts pressure on the natural resources anddrives the misuse of the resources; it isworsened by the cyclic occurrence of naturaldisasters such as droughts and floods.

The impacts of unsustainable land use aremany. The decline in the supply of pasturesand potable water fuels conflicts amongpastoralists and between small and large-scale irrigation farmers. Poor quality of airand water increases disease risks in humanbeings and extinction of other life forms.Destruction of water catchments causesshortage of water and electricity supplynecessitating rationing. Desertificationreduces the productivity of land leading tofood insecurity, reduced income and non-accumulation of economic assets.Eventually millions of families end up livingbelow the poverty line. Currently, over 5million households are unable to accessbasic needs such as food, medical care, andeducation and to meet other socialobligations.

The current trend of deterioration will leadto a gloomy future for Kenya if the statusquo is maintained. However, the entireKenyan society can opt for rational land usethrough the application of wise-useprinciples. Striking a balance betweensatisfying the human livelihood needs andwise use of resources to ensure conservationfor future generations is the biggestchallenge.

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Introduction 79

KWS (1994): Operational Summary: Policy andGuidelines for Revenue Sharing and the WildlifeDevelopment Fund.

KWS (1994): Wildlife Human Conflicts in Kenya. Fiveperson Review Report.

KWS (1998): KWS, Wildlife Population Trends interimReport

KWS & Forestry Dep. (1991): Memorandum ofUnderstanding for the Joint Management of SelectedForests.

Lake Naivasha Riparian Association (1999): LakeNaivasha Riparian Association News, Feb. 1999.

Masibo, M. N. (1993): Environmental Impactassessment: A Case Study in the Nairobi Area.Proceedings of the Fifth conference on the Geology ofKenya.

Meadows R.F. (2001): Casual linkages between povertyand Environment in Kenya. Natural ResourcesInstitute. Catham, UK.

Ministry of Energy (1988): Rural Energy HouseholdSurvey. Government of Kenya.

Mwichabe, S., M.K. Gitau and D. Lekupe (2000): Theland tenure (and use) Change scenario study forimproved productivity and environmental conservationof P&D Ranch, Rumuruti Division, Laikipia District.Laikipia Wildlife Forum.

Mwichabe, S. and B. Wafukho (1999): The NaturalResources in Kenya. A description of the picture ofnow and the key driving forces. Scenarios for acommon ground to shape the future of Kenya. inInstitute of Economic Affairs.

Mwichabe, S. (1997): The options for sustainablelivelihoods of small holder mixed farms in LaikipiaDistrict of Kenya: Laikipia ASAL DevelopmentProgram, Nanyuki.

Mwichabe, S. (1996): Nomadic pastoralism andenvironmental legislation in Kenya. KENGO

Mwichabe, S. (1996): A proposal for a national land andland-use policy in Kenya. In: People, Land, Laws andEnvironment, KENGO/UNEP.

Ogendo and Kosura (1995) Land Tenure and AgriculturalDevelopment in Kenya: Ministry of Agriculture,Livestock Development and Marketing.

Opiyo-Akech, N (1993): Proceedings of the FifthConference on the Geology of Kenya.

Owuor, C. O. (1993): Environmental Degradation Dueto Groundwater Abstraction in

Malindi. Proceedings of the Fifth Conference on theGeology of Kenya

Shaw, R. and W. Gatheru (1998): Our problems oursolutions. An economic and public policy agenda forKenya. Institute of Economic Affairs

The World of Information (1998): Africa Review, 21stEdition, 1998, Walden information PublishingLimited. UK.

UNDP (1998): Human Development Report for Kenya.UNoN

UNEP / UNDP (1999): Development andharmonization of environmental standards in EastAfrica.

UNEP/UNDP (1999): The legal and institutional issuesin lake Victoria basin.

UNEP/UNDP (1999): Industries and enforcement ofenvironmental law in Africa.

University of Berne (1995): A conceptual approach tosustainable management of natural resources in thecontext of development. Development andEnvironment Reports No. 14.

World Resources (1999) Environmental change andhuman health.

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Land Use in Kenya • The case for a national land-use policy

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