1. The Eastern Mau Forest Complex
Legal Pluralism in the Management of Forest Ecosystems in Kenya - Opportunities and Opportunities and Challenges in Inclusive Governance for Sustainable Forest Governance (Case Study of Eastern Mau Forest Complex)
Muthee, C.B.
A82/85424/2012
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.
Research Design:
The study will be undertaken specifically in Eastern Mau within the Mau Forest Complex. Five locations have been pre-selected based upon variation along the presence or otherwise of well established CFA’s and community ethnic composition. The five pre-selected localities are (1) Kihingo (no CFA, heterogeneous); (2) Sururu (CFA, heterogeneous); (3) Nessuit (CFA, homogeneous); (4) Teret (no CFA, homogeneous) and; (5) Likia (no CFA, heterogeneous).
Data Collection:
The research examine inter alia the Constitution of Kenya 2010 for inter alia its specific provisions on land policy and environment and natural resources, the FA 2005 and the Forests Rules Annexed thereto as the principle pieces of legislation and a plethora of other formative norms within the Kenyan legal regime. Customary norms and values which largely remain uncodified are central to this research and which shall be obtained thorogh inquisition from the various community leaders and or those vested with the knowledge of these norms.
The data collection methods, discussions and analysis, will thus be designed to adopt a variable-oriented strategy.
Data Collection Tools:
Questionnaires
Focus Group Discussions
Key Informant Interviews
Introduction:
Since 1970, the pressure the human population exerts on the planet has almost doubled and the earth’s biocapacity has declined by more than 33% (WWF., 2005). Even more frightening, are the findings that humanity’s ecological footprint, has more than doubled since 1961 and now overshoots the planet’s biocapacity by about 50%. Unless urgent mitigation measures are taken, Africa’s total ecological footprint is projected to double by 2040 and further, Africa as a whole is projected to be in biocapacity deficit by 2015 (AfDB, GFN., 2012). Sustainable resource use and governance is therefore paramount if Kenya is going to effectively address conflicts and the issue of competing claims over the exploitation of her natural resources.
On February , vide Legal Notice No. 19 of 2007, the GoK enacted the Forest Act 2005 (FA 2005) as a culmination of the efforts towards increased Participatory Forest Management (PFM). The Act inter alia decentralizes the management of forests by focusing on institutional arrangements that shape the balance of powers between the central government of Kenya, county governments and local communities. However, the FA 2005 was met by reports of new instances of conflicts in the wake of its implementation, particularly amongst the new CFA groups, between the new CFAs and existing customary NRG institutions and regimes, and between community leaders and their followers (Christie 2008, Kenya Land Alliance 2011, Siringi 2010). The question therefore, that therefore berates the mind of many is then, why do these conflicts subsist in the wake of the implementation of the FA 2005 normative framework in NRG?
This project shall, address the issue of the problem challenges posed by the multiplicity of legal norms in forestry management in Kenya, and in so doing further our understanding of how to build inclusive governance that furthers stability and prosperity and in so doing achieve sustainable forest management.
Statement of the Problem:
Kenya employs a decentralized forest management system and 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.
The 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 and this has led to unhealthy competition and consequential violence between communities over these forest resources.
There is therefore need 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.
General Objective:
The general objective of this study is 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.
Research Questions:
Accordingly, the study will entail a formal legal analysis of the FA 2005 and will focus on the following broad 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?
2. What is the Normative Framework of Forestry Management at the International, National and County levels?
3. 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?
The Eastern Mau Forest Complex
Then Now.....
WANGARI MAATHAI INSTITUTE FOR PEACE AND ENVIRONMENTAL STUDIES
COLLEGE OF AGRICULTURE AND VETERINARY SCIENCES
UNIVERSITY OF NAIROBI
Acknowledgement: The studies are funded by the Danish Ministry of Foreign Affairs (DANIDA)