PhD Proposal Muthee. C.B. May 2013 UNIVERSITY OF NAIROBI WANGARI MAATHAI INSTITUTE FOR PEACE & ENVIRONMENTAL STUDIES SP 1 Legal Pluralism in the Management of Forest Ecosystems in Kenya - Opportunities and Challenges for Inclusive Governance (Case Study of Eastern Mau Forest Complex) PhD Proposal Muthee. C.B. May 2013

Project Supervisors University of Nairobi: Dr. Robert Kibugi Dr. Thuita Thenya University of Copenhagen: Prof. Linda Nielsen

Statement of the Problem Legal pluralism in the management of forest ecosystems in Kenya. Kenya employs a decentralized forest management system There is a lack of harmonization of these norms and this plurality giver rise to problems with the implementation of the FA 2005 amongst the various stakeholders Implementing agencies (CFAs) in Eastern Mau are especially bedevilled by the challenges posed by this plurality of legal arrangements This plurality of normative rules has created several centres of power, such as between CFAs, WRUAs, KFS, KWS and other implementing agents This has led to unhealthy competition and consequential violence between communities over these forest resources. There is need therefore, to analyze this governance structure to expose and gaps and/or overlaps thereof AND to enable the development of a sustainable forest governance regime that will ensure sustainable forest management.

The cost of poor governance ...

Research Questions What is the Normative Framework of Forestry Management at the International, National and County levels? What is the role of the FA 2005 in relation to the institutional framework of forestry management? How does the FA 2005 relate to other formal legal frameworks in relation to managing forest resources and related conflicts? What gaps and/or overlaps exist, if any, in the governance/institutional framework between these normative frameworks? Does the FA 2005 mitigate any of these governance/institutional gaps and/or overlaps, if so, how?

Research Questions contd.... How does the FA 2005 relate to other informal legal frameworks in relation to managing forest resources and related conflicts? How do the CFAs practice customary laws and practices in forestry management, if at all? Does the FA 2005 give adequate recognition to customary law? How do community customary laws and practices relate to the FA 2005? What conflicts, if any, exist between the communities’ customary laws and practices and the FA 2005?

Research Questions contd.... What Challenges and/or Opportunities does Legal Pluralism pose for CFAs in Forest Management? How do CFAs perceive the role of the FA 2005 in forestry management? How are CFAs affected by these international, national and local legal regimes in forestry management? How are CFAs affected by this multiplicity of laws in the management forest ecosystems? How, if at all, do the CFAs manage this multiplicity of normative rules?

General Objective To Evaluate the Effects of Legal Pluralism on the Governance of Forest Resources in Kenya.

Specific Objectives To Evaluate the Governance Structure of Forestry management in Kenya. To Identify and Analyze the Gaps & Overlaps in the Legal Framework of Forestry management in Kenya To Evaluate the Effects of Legal Pluralism on CFAs in Forest Management To Identify and Analyze Opportunities for Sustainable Governance of Forest Resources in Kenya

Hypothesis CFAs do NOT face challenges in implementing forest management practices due to the plurality of the rights, responsibilities and obligations occasioned by multiple legal frameworks. The existence of multiple legal frameworks relating to forest management does NOT create gaps and/or overlaps in forestry management.

The Eastern Mau Forest Complex Now ... Then ...

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