1. Prof. Nielsen L., Prof. Nathan I.
Legal Pluralism in the Management of Forest Ecosystems in Kenya - Opportunities and Challenges for Sustainable Forest Management (Case Study of Eastern Mau Forest Complex)
Muthee, C.B.
A82/85424/2012
Supervisors:
University of Nairobi: 
Dr. Thenya T, Dr. Kibugi R.
University of Copenhagen:
 Prof. Nielsen L., Prof. Nathan I.
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
Expected outputs:
This study shall therefore : -
Analyze this governance structure,
Expose these gaps and/or overlaps
Expose opportunities for sustainable forest management
Povide a framework that allows for the avoidance of conflicts in the legislative framework of forestry management in Kenya.
Introduction:
In Kenya, the forest sector plays a vital role in the livelihoods of a amjority of the Kenyan population through the provision of these diverse forest related goods and services.
It is estimated that 80% of the Kenyan population uses biomass energy while urban development and hydro energy rely heavily on water (Forest Policy., 2005).
Forest management in Kenya centres around the Forests Act, 2005 (FA 2005).
This forest management system is however, occurs in a setting where there exists a multitplicty of legal frameworks that relate to natural resource management.
Other natural resource legislations, such as the Water Act , the Agriculture Act, the Environment Management and Co-ordination Act (EMCA), the National Land Commission (NLC ) all affect forest management in one way or another.
This plurality of legislations 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 and between natural resource governance institutions.
These multiple legislations also create gaps and overlaps in the co-ordination and management of forest ecosystems and consequently deprive the country of a sustainable forest management regime.
Conceptual Framework:
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?
Acknowledgement: The studies are funded by the Danish Ministry of Foreign Affairs (DANIDA)