Impacts of Legal Pluralism in Conserving Water Towers in Kenya: a Case Study of Maasai Mau Water Tower

Abstract

Water towers offer ecosystem-based goods and services that support a number of sectors, which are crucial for the well-being of humans. Over the years, water towers have experienced severe degradation due to increase in human population and unsustainable human activities such as encroachment. Kenya is still grappling with sustainable forest conservation and management despite a supportive legislative framework. These threats to the forest conservation have been reported despite the existence of multiple policies, legislation, and institutions managing the same natural resource. Furthermore, there is little empirical data focusing on how legal pluralism impacts the sustainable management and conservation of Kenya's water towers. The broad aim of this research study was to assess the impacts of legal pluralism in relation to the Joint Enforcement Unit (JEU) in conserving water towers in Kenya highlighting the Maasai Mau Water Tower (MMWT). The main aims of the study were; to assess the status of MMWT before and after the JEU’s establishment; assess how the existence of the JEU affected the access to forest products by the forest adjacent in MMWT; and to assess the sustainability and replicability of the JEU in other water towers in Kenya. The study adopted a mixed method approach where quantitative and qualitative data was collected from primary and secondary sources. Primary data was collected through household surveys, key informant interviews, focused group discussions, participant observations and satellite imagery. Secondary data was sourced from publications and reports. The key informants were purposefully selected while random sampling was applied in selecting ninety-nine (99) respondents for administering questionnaires. The study used thematic/content analysis to analyze the qualitative data and empirical analysis to analyze the quantitative data. Survey data revealed that MMWT faced a myriad of threats and challenges before the JEU was established in 2008. These challenges jeopardized the ecological potential of the water tower to provide ecosystem goods and services. Upon deployment of the JEU to protect the water tower, the study reported a decrease in the cases of illegal encroachment, charcoal production and illegal logging which was attributed to enhanced protection through regular patrols, seizures, arrests and prosecutions made by the JEU Rangers; heightened

sensitization forums; stakeholders’ support through building of synergies and the electric fence project that helped in deterring forest offenders from easily accessing the forest. This access to the water tower was initially fueled by the high dependence on the forest for crop farming, livestock grazing, firewood/ charcoal production and timber for construction. In order to sustainably manage the Water Tower, the study recommended for coordination of organizations working in the water tower to increase synergy; creation of community awareness on the importance of conserving water towers; enhanced protection though fencing of remaining section; and continued restoration activities.