Wise use of Wetlands under International and National Laws: the case of Kenya

Abstract

Wetlands are vital resources for human beings and the environment generally. They are natural resources that have multiple values. To mention but a few, wetlands provide source of food for a large population living around them and they are a source of national income through activities such as tourism. Wetlands have also ecological benefits to the environment through regulation of the water quality and quantity. They control impact of floods and drought and they provide habitats for numerous wetlands dependent biodiversity. Despite these essential benefits of wetlands, these resources have been subjected to extreme pressures as a result of human activities. Human beings have been over-exploiting these resources to the extent of causing them to degrade and disappear at an alarming rate. Activities such as overgrazing, agriculture, human settlement and conversion of wetlands for commercial developments have all being ranked as major causes of wetlands loss in Kenya and all-round the globe. The enacted laws and institutional arrangement formulated to regulate wetlands have proved to be inadequate hence it is incapable of abating the excessive and distractive pressure facing wetlands. The existing Kenyan laws have failed to adequately cater for wise utilization of the resource despite the Country having committed to comply with Ramsar Agreement of 1971. The institutions in charge of managing wetlands lack sufficient legal support to operate effectively. The laws have failed to provide for coordination of the multiple institutions managing wetlands. There is no legal provisions integrating the concept of prudent use of wetlands in the various sectors of the environment. Therefore, this situation calls for reform of the legal and institutional arrangement to enable the country save these essential resources for the benefit of all generation, present and those upcoming in compliance with Ramsar Convention.