Taming tensions: legal strategies for navigating human-wildlife conflict in Kenya

Abstract

Human-wildlife conflict (HWC) in Kenya, presents a complex challenge for balancing human safety and wildlife conservation. This study explores the various dynamics contributing to HWC, including habitat loss, urbanization, and competition for resources, while evaluating the effectiveness of current legal frameworks in mitigating these conflicts. Nairobi's rapid urban growth has significantly reduced wildlife habitats, resulting in animals like elephants and monkeys increasingly interacting with human settlements. These interactions often lead to crop damage, property disruption, and threats to human safety, highlighting the need for effective conflict management strategies. Economic losses due to these encounters further underscore the urgency of addressing HWC. The study assesses Kenya’s Wildlife Conservation and Management Act of 2013 (WCMA) and other related laws, identifying shortcomings in their enforcement and application. It also explores innovative legal approaches and community-driven conservation strategies that could fill these gaps, aiming to develop a sustainable framework for human-wildlife coexistence. The research emphasizes the integration of both traditional and modern legal solutions to foster a balanced relationship between humans and wildlife. The theoretical framework combines Natural Law Theory and Social Contract Theory. Natural Law Theory focuses on the moral underpinnings of laws, promoting the protection of both human and animal lives. Social Contract Theory stresses the importance of collective agreements in creating laws that serve the mutual interests of communities and wildlife. Methodologically, the study employs desktop and doctrinal research, analysing literature, statutes, and policies related to HWC. Despite challenges such as limited data and stakeholder access, the research seeks to provide a comprehensive evaluation of legal strategies, with recommendations for enhancing conflict resolution, promoting sustainable development, and ensuring harmonious coexistence between humans and wildlife.