How did we get here? Unpacking the conflict in the application of Section 6(6) the Community Land Act and Section 4(b) of the Wildlife Conservation and Management Act vis a vis the establishment of conservancies in the ASAls

Abstract

Community land is recognised under Article 63 of the Constitution of Kenya. In giving meaning to Article 63, the Community Land Act was enacted to govern matters of community land. The act outlines the role of the county government in dealing with unregistered community land under Section 6. The role of the county government includes ensuring that in dealing with transactions of unregistered land due law must be followed from the act and other laws. On the other hand, conservancies have been on the rise in the Arid and Semi-Arid Lands, and the Wildlife Conservation and Management Act provides for principles meant to guide conservation practices such as in section 4(b) on the need of public participation. The county government in exercising their role under Section 6 of the Community Land Act have failed to use this guiding principle under Section 4(b) of the Wildlife Conservation and Management Act on including communities in the establishment of conservancies heightening tensions over land use and occupancy. Therefore, in employing a desk-based research methodology and relying on sources such as journals, and case law this paper studies the possibility of including communities in management of their resources through the implementation of the Community Based Natural Resource Management.