The role of community justice systems in balancing competing interests in land between ranchers and pastoralists in Laikipia, Kenya

Date
2020-11
Authors
Lekorere, Daisy Santana
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Publisher
Strathmore University
Abstract
This study begins with the statement of problem, namely, the competing interests over the same parcels of land by both pastoralists and ranchers in Laikipia, Kenya. In the second chapter, the study looks into the legal framework of the property rights of pastoralists and ranchers in Laikipia. The chapter begins by delving into a discussion of the historical account of colonialism and the effect of the colonial laws on the communal land holding tenure of the pastoralists. It brings out the legal instruments that granted ranchers land and alienated land from Africans. It also discusses legal documents and provisions of the law that recognize customary law and communal land tenure among pastoralists.
Description
Change in land tenure and related policies and practices dispossessed the pastoralists of their land during the colonial and post-colonial era in Kenya. Some of the pastoralists who are resident in Laikipia come from the Maasai community. A historical reflection on how they lost their land explains the reasons for the struggle over land with ranchers.
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