Resolving Land Conflict To Ensure Sustainable Resource Use

Abstract

Land is a conflict-ridden environmental resource whereas land issues have remained contentious in Kenya. These given land conflicts have the potential of affecting sustainable resource use. This research therefore focused on the complexity within the land conflict issue in Laikipia North , and looked into the legislations present governing land and resolution mechanisms employed to deal with conflicts, and whether the solution lies in the available tools for land and environmental management, in order to ensure that the available land resources are not subjected to unsustainable access and use. In the center of this study is the place of law in addressing the contested Laikipia North Land Conflicts. These tensions in most cases arise due to competing demand for available resources. In this instance being pasture access especially when the openly accessible areas have been degraded. Degradation brought about by climate change and poor land use and management methods. Having defined tenure and ownership rights helps in proper land management practices, but with the contested ownerships, the demand for land resources then leads to invasion on privately owned and registered communal lands with claim on land from a historical injustice grievance perspective. This is further compounded by other factors such as political incitements, all in the name of fighting for right to resource access and land ownership. The conflict resolution mechanisms employed are Alternative Dispute Resolution Mechanisms and Traditional Dispute resolution mechanisms in most cases, with some cases being taken to courts. The study used a descriptive approach and was qualitative in nature. The data was collected through KIIs and FGDs. Informants were identified through strategic sampling and snow balling sampling. With an analysis on the data collected and literature reviewed, it shows that law is at the backbone of resolving the whole issue if put to good practice to ensure proper land governance and therefore enhancing sustainability.