Land,The Environment And The Courts In Kenya

Abstract

Land is an important aspect of the life of any society. It is essential for food production and security, supports important biological resources and processes, sustains the livelihoods of the majority of Kenyans, and constitutes an important cultural heritage for many communities. Land should therefore be managed in a way that recognizes its many attributes. In particular, the law should establish a suitable framework for the sustainable management of land and land-based resources if they are to continue performing these vital functions. Further, the courts should ensure that land use, whether by government or individuals or groups thereof, adheres to the tenets of sound resource management. This is an examination of the interface between land and environmental conservation in Kenya. Part II examines the different regimes of land tenure and their implications for environmental conservation. It also reviews the powers of the state to regulate land use. Part III reviews the legislative framework for environmental conservation in Kenya. Part IV reviews the case law on land and the environment. Part V concludes.