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Environmental Management in Kenya Have the National Conservation Plans Worked? Wellington Nguya Wamicha and Justus Inonda Mwanje Environmental Forum Publications Series, no. 2 Organization for Social Science Research in Eastern and Southern Afri ca (OSSREA)

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Page 1: Environmental Management in Kenya - OSSREAossrea.net/publications/images/stories/ossrea/env-kenya-part-1.pdf · high volcanic mountains interrupt the plateau. ... Except on the high

Environmental Management in Kenya

Have the National Conservation Plans Worked?

Wellington Nguya Wamicha and

Justus Inonda Mwanje

Environmental Forum Publications Series, no. 2

Organization for Social Science Research in Eastern and Southern Africa (OSSREA)

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<D 20()() Organization for Social Science Research in Eastern and Southern Africa (OSSREA)

OSSREA acknowledges the support of Ford Foundation, Norwegian Agency for Development Co-operation (NORAD), Swedish Intemational Development Co­operation Agency (SidaiSAREC), The Netherlands Ministry of Foreign Affairs, and International Development Research Centre (IDRC).

Mss. submitted 1997 All rights reserved . Published 20()() Printed in Ethiopia

Copyediting: Taye Assefa Text layouts: Eta/em Engeda

Organization for Social Science Research in Eastern and Southern Africa (OSSREA) P.O. Box 31971, Addis Ababa, Ethiopia F"", 251-1-551399 E-mail: [email protected]

,

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Contents

Acknowledgements

Tables and Figures

Acronyms

I . Introduction

1.1 Natural Environment of Kenya

1.2 The Need for the Present Study

2 . Background

2.1 A Global Overview

2.2 Environmental Initiatives in Africa

2 .3 Major Environmental Concerns at the National Level

3. Conservation Plans in Kenya

v

vi

vii

4

7

8

12

3. I Historical Development of Resource Use Planning in Kenya 20

3.2 The Legal Framework

4 . Major Environmental Actors and Their Mandates

4 .1 Central Government Ministries

4.2 Specialised Agencies and Presidential Commissions

4.3 Resources Mapping and Survey Agencies

4.4 The Role of Research Organisations

4.5 The Role of Non-Governmental Organisations

4.6 Regional Authorities

5. Why Haven't the Conservation PlansIPolicies Worked?

5.1 The Constitutional and Legal Framework

5.2 Resource Management Issues

6. Future Prospects

6.1 Constitutional Change

26

29

29

29

33

34

34

35

37

42

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Contents IV

6.2 Sectoral Legislation 45

6.3 Institutional Framework 45

7. Conclusion and Recommendations

7.1 Conclusion 45

7.2 Recommendations 49

8. Bibliography 52

Annex I: List of Statutes 58

Notes on Authors 62

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Acknowledgements

We are most grateful to Prof. George Eshiwani, Vice-Chancellor of Kenyatta University, for availing us time in Kenya to prepare the paper and present it in Addis Ababa, Ethiopia. We are also deeply indebted to Prof. John Shiundu, the Vice-

President of OSSREA, for his confidence in our ability to handle the task in a very short time. We note with appreciation the secretarial services provided to us by Ms. Peninnah W. Kariuki and Miss Rukia Kageha Kayasi. We sincerely thank the Government of Kenya for readily making available through its officers all the information we requested for reference. Last but not least, we thank the various agencies we visited during the research period.

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Tables and Figures .

VI

Table I.

Table 2.

Table3.

Table 4.

Table 5.

Table 6.

Table 7.

Table 8.

Table 9.

Figure I.

Figure 2.

International ConventionsIPolicies on the Environment

I and Usc Conflicts in Kenya

Population of Kenya, 1961

Agricultural Production in the African Areas, 1960 ,

9

13

21

22

Classification of the African I and 22

I and Transfer to Smallholder Settlement 23

Non-electrical Energy Requirements, 1985-2000 25

Central Government Ministries 30

Government Specialised Agencies and Presidential Commissions 32

Administrative Units of Kenya 2

Main Drainage Areas in Kenya 6

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ACRONYMS

AHI ASALS CBD CFCs CILSS

CSI ECA FAO GEMS ICRAF IGADD MASL NPKs OAU PACD UN UNCED UNCHE UNCOD UNESCO

UNIFEM WHO WWF

African Highland Initiative Arid and Semi -Ari<,l Lands Central Business District (of an Urban Centre) Chloro Fluor Carbons Permanent Inter-State Committee on Drought Control in the Sahel Coastal Regions and Small Islands Economic Commission for Africa Food and Agriculturnl Organisation of UN Global Environmental Monitoring System International Centre for Research on Agroforestry Inter-Govemmental Authority on Drought and Development Metres Above Sea Level Nitrogen, Phosphorus and Potassium Fertilisers Organisation of African Unity Plan of Action to Combat Desertification United Nation~ United Nations Conference on Environment and Development United Nations Conference on Human Environment United Nations Conference on Desertification United Nations Educational, Scientific and Culturnl Organisation United Nations Development Fund for Women World Health Organisation World Wide Fund for Nature

.. VII

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I. INTRODUCTION

1.1 Natural Environment of Kenya

1.1.1 Location of Kenya

The Republic of Kenya is situated on the C<lstern side of the African continent with a coastline that runs along the Western seaboard of the Indian Ocean. The equator bisects the country into almost equal halves, being between 4° 40" N and 4° 04" S latitudes . The country also lies between longitudes of 33° 50" E and 41 ° 45" E (Fig. I) . The country has an area of about 580,367 km'.

1.1.2 Geology and Physical Features

From the Indian Ocean seaboard to about 200 meters above sea level (m.a .s.!) Eastern Kenya is underlain by marine sediments of various ages that constitute a plain . Between about 200 and 1500 m.a.s.! there is a fast-eroded plateau that is underlain by metamorphic rocks, which are more than 500 million years old, of the MOUlmbique Belt. In the central parts of Kenya, the Rift Valley and a complex of high volcanic mountains interrupt the plateau. The spectacular Rift Valley runs the entire length of the country and has characteristic lakes from Turkana in the North to Magadi in the South. Only Lake Naivasha and Bogoria have fresh waters . Inside and on either side of the Rift Valley there are volcanic rocks ranging in age from the Miocene period to recent times, from I to 50 nlillion years old.

To the west of the Rift Valley there are metamorphic rocks with plateaux similar to those of the East of the Rift Valley. However, the Lake Victoria basin has rocks of the Nyanzian (Sedimentary and Igneous) System that arc more than 2000 million years old. Kenya therefore has a wide range of physical features and hence climatic characteristics change rapidly over very short distances . These also influence the vegetation and land use types .

1.1.3 Climate

Since Kenya lies within the equatorial zone, seasonal temperature variations are minimal. Such variations result from altitudinal changes . So Nairobi, being about 1900 m.a .s.l, has a mean annual temperature of about 20°C while Mombasa (at sea level) has about 30°C. Due to marine influence, there is a narrow humid to sub­humid belt along the Indian Ocean. In the hinterland rainfall is also very much controlled by the altitude, with modifications caused by large water bodies such as Lake Victoria.

Typical rainfall distribution in Kenya is bi-modal whereby the long wet season is mainly from March to June while the short one is from October to December. To the west of the Rift Valley the wet seasons may be longer due to influence by Lake Victoria. Rain failures culminating in drought have also occurred in the recent past, for example, in 1960, 1966, 1974, 1983,1994 and 1997.

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Wamicha and Mwanje. Environmental Management in Kenya 3

1.1.4 Vegdation Types

Kenya has a narrow coastal strip (about 10 km wide) of high potential land in terms of rainfall and soils. lbis strip, which used to be extensively covered with forests, has now given way to agricultural production, urban settlements and tourist hotels. Along the coastline in the intertidal zone are to be found mangrove swamps.

Most of the land between 100 to 1800 m.a .s.1 has poor scrub vegetation near the coast which gradualIy changes to a barren desert in the Chalbi desert near Lake Turkana to the north. Similar conditions, though not so severe, occur in the Northwest portion of Kenya to the west of the Rift Valley.

In Central Kenya, forests used to cover most of the humid and sub-humid areas on the Rift ValIey volcanic complex extending Westwards to the shores of Lake Victoria. Except on the high mountains (Kenya, Aberdares, Mau and Elgon) these forests have now been cleared to give way to farmlands . Hence, by 1900 Kenya had about 30% of forest cover but by 1963 only 3% of the land surface of Kenya was covered by forests . Currently, forest cover is estimated at below 2.5% of the country's total land surface.

1.1. 5 Land Use Types

The area capable of supporting intensive cropping and/or grazing without irrigation is limited to the narrow strip of land along the Indian Ocean coastline and to the higher elevations (above 1800 m.a.s.1). These are areas with a reasonable probability of receiving more than 900-mm annual average rainfall. Such arcas cover only about 20% of the land surface of Kenya. Hence about 80% of Kenya is a rangeland used for livestock and wildlife grazing.

1.1.6 Biodiversity and Renewable Resources

The major terrestrial ecosystems include the forests and grasslands ranging from bush grasslands to pure grasslands . In the interphase between the aquatic and terrestrial environments there are different types of wetland ecosystems. Freshwater aquatic ecosystems in Kenya include a few inland lakes such as Victoria, Naivasha and Bogoria, and the rivers (Fig. 2). The saline aquatic ecosystems include most of the Rift ValIey lakes such as Natron, Magadi, Elementaita, Nakuru, Baringo and Turkana, and the Indian Ocean marine system.

These ecosystems are habitats of different plants (flora), birds (avifauna), and animals (fauna) which have hence been exploited as renewable resources . Such resources include wood, reeds and papyrus, fish, wild birds' eggs (e .g ., of ostrich) and game meat. The Kenyan biodiversity has also been a major basis of the tourist industry. Major threats to these resources have been, for example, deforestation, draining of wetlands, overexploitation of the mangroves and polIution .

Some species of plants, birds, and animals are also threatened with extinction. Of these the elephant and rhino have received worldwide recognition . Deforestation has also threatened many indigenous trees .

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Environmental Forum Publications Series, no. 2 4

Woodfuel, which is a renewable source of energy, is the most important in the energy sector. Other sources of renewable energy include the hydroelectric power, geothermal power, solar energy, wind energy, and sea-waves energy. Here it is only the hydroelectric power that has been developed to an appreciable scale.

1.1.7 Non-renewable Resources

The Kenyan economy is mainly based on agricultural production, for which soil is the most important resource. This is a resource that is partly renewable, naturally through weathering or artificially through the use of fertilisers . However, the use of fertilisers is hindered by their costs . Some farmers also use fertilisers indiscriminately, and this can lead to soil pollution.

Gemstones and gold are mined on a small-scale in many parts of Kenya. For instance, gold is mined in Migori, Kilgoris, Vihiga and Kakamega areas of Western Kenya. Gemstones such as rubies are mined in Taita-Taveta District. The mining of the newly found titanium is set to commence in Kilifi District, close to the littoral environments . Quarrying of different types of building stones, murram, cement lime and ballast is perhaps the most important mining activity in Kenya.

1.1.8 The Drainage Basins

The Rift Valley forms a major inland drainage basin with rivers such as Turkwel, Kerio and Ewaso Nyiro (in the south) which drain into lakes . River Ewaso Nyiro (in the north) drains into an inland wetland. To the east of the Rift Valley major rivers which flow into the Indian Ocean include the Voi, Athi and Tana. To the west of the Rift Valley, there is the expansive Victoria-Nile basin (Fig. 2) .

1.2 The Need for the Present Study

During the 1992 Rio de Janeiro Conference, the United Nations outlined the challenges of environment and development in the World. In Kenya the environmental and development challenges include ensuring an equitable and sustainable pattern of development to meet the needs and aspirations of the people. Also the environment and the natural resource base require to be enhanced. Other challenges for the country include:

• ensuring sustainable industrial production

• developing/adopting environmentally sound technologies, and

• building capacity for sustainable development planning.

However while development planning has been very comprehensive throughout the history of Kenya, environmental planning has received far less emphasis. The different aspects of environment have therefore been planned on a sectoral basis rather than comprehensively. As is evident from the following, this sectoral planning has failed to a varying degree:

• although Kenya has one of the most sophisticated soil conservation programs in Africa, sedimentation is still a major threat to its dams and lakes;

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Wamicha and Mwanje. Environmental Management in Kenya 5

• Kenya derives enonnous income from wildlife through tourists yet some of the large mammals, the most conspicuous, i.e., elephant and rhino, are threatened with extinction; and

• while the Ministry of Environment and Natural Resources would like wetlands preserved in order to conserve their biodiversity, the Department of Land Reclamation would like the same wetlands reclaimed for agricultural usc.

This is the dilemma. The current study therefore ' reviews sectoral environmental planning in Kenya and suggests how a comprehensive plan can be developed. In such a plan, a clear statement on the financing of "Environment Impact Assessment

. (EIA)" of development projects, and "Clean Technology and Conservation of Resources", should be well spelt out. In other words, national development should be economically, socially, culturally, and ecologically sustainable.

I

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Wamicha and Mwanje. Environmental Management in Kenya 7

2. BACKGROUND

2.1 A Global Overview

The absolute age of the earth is now taken to be about 4 .5 billion years. All living organisms are believed to have been single-{:elled with simple undifferentiated matrix. This then transformed into the multicellular organisms, emerging in a full range of multicellular body-plans that constituted the base on which dominant life in both aquatic and terrestrial habitats has developed. Man is seen to have come late in the game about I million years ago, although the primitive forms (the Australopithecus, "Lucy") yield fossils of around 3 million in age.

The natural environment where man lives is complex and dynamic and that any conservation plans designed by man must have the exposition of sensitivity. Consequently, different people think differently about what should be the right health status of the natural environment. Henee the question: Have conservation plans in Kenya worked?

2. I. 1 Environmental Awareness

Widespread global cnvironmcntal awareness is said to have started in the 1930s. By then man realised that the technologies of the Industrial Revolution were not always working or favouring the preservation of natural resources . This was mainly due to widespread cases of accelerated soil erosion. Awarcncss about soil salinisation was also recorded . Land degradation therefore threatened food production and hence human survival.

2. I. 2 Establishment of UN Organisations

Soon after its birth in 1945, the UN started establishing different organisations, some devoted to environmental management. These include the Rome-based FAO, which globally deals with the management of Agriculture, Forestry and Fisheries together with the related natural resources ; and the Paris-based UNESCO is devoted to education in general where it can play a major role in the development of environmental edueation curricula .

The Vienna-based International Atomic Agency has mandate to control hazardous radiation sources . There are also the Geneva-based World Meteorologic.al Organisation (WMO) devoted to atmospheric sciences and World Health Organisations (WHO), dealing with health including environmcntal health. Then the first Nairobi-based UN organisation is the Habitat, which is devoted to human settlements . United Nations Environmental Programme (UNEP), which is the second UN organisation in Nairobi, has mandate to co-ordinate research and conscrvation of all global environmental resources.

2.1.3 Other International Organisations

Some monetary organisations such as the World Bank and International Monetary Fund (IMF) have been and continue to be involved globally in the exploitation of natural resources . There are also multinational companies involved in manufacturing,

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Environmental Forum Publication. Series, no. 2 8

mineral exploitation, agricultural production and trade. The last 3 decades have also seen the mushrooming of international NGOs involved in environmental affairs .

2.1.4 Global Inventories of Natural Resources

One or more of the UN organisations have co-<lrdinated such inventories . The "Soil Map of the World" was co-<lrdinated by FAO and UNESCO between the 1960s and 1980s. In 1984 assessment of the status and trend of desertification was undertaken by the UNEP. A similar assessment was also executed in 1990-91 and a "World Map of Drylands" was prepared by the GEMS/GRID Progranune. Activity Centre of UNEP. There is also the long-term WMO World Weather Watch Progranune which collects, analyses and disseminates both meteorological and hydrological data. Between 1970 and 1986 observations on the Ozone hole had confirmed that consumption of CFCs was a major threat to the Ozone layer.

2.1.5 International Conventions/Policies

There are conventions/policies dealing with the different spheres (Pedolithosphere, Atmosphere, Hydrosphere and the Biosphere) of the environment. There are also conventions/policies on pollution which cut across these spheres (table I).

2.1.6 Global Conferences on the Environment

The 1972 Stockholm UN Conference on Human Environment (UNCHE) culminated in the establishment of UNEP. There was also the Habitat I Conference in 1976 in Vancouver, Canada, which discussed the question of adequate shelter for all human . beings. The 1977 Nairobi UN Conference on Desertification (UN COD) set out a Plan of Action to combat Desertification (PACD). In 1992 there was the Rio de Janeiro UN Conference on Environment and Development' (UNCED) which came out with "Agenda 21". Then there was the Population Summit held in Cairo in 1994 and the Copenhagen Social Development Conference (SDC) in 1995 . The Habitat II Conference of 1996 in Istanbul, Turkey, looked at the process of urbanisation by considering the goals of economic planning, environmental sustainability and universal justice.

2.2 Environmental Initiatives in Africa

2.2.1 Economic Reforms in Africa

In the recent past famine has become a major topical issue in Africa. As long as rainfall is sufficient for crop and pasture production famine in Africa is an economic phenomenon. This is because African economics are still very much dependent on agriculture, together with the related natural resources . So, economic reforms are almost synonymous with agricultural reform. Hence, a UN Special Session on Africa held in May 1986 was the first one ever devoted to the economic development problems of a single continent.

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Wamicha and Mwanje. Environmental Management in Kenya

Table I. International conventions/policies on the environment

Sphere ConventionIPolicy

(a) Biosphere • CITES Convention on Trade in Endangered Species

• Convention on Biological Diversity (1992)

(b) Pedo-Lithosphere • Ramsar Convention on Wetlands of International Importance (1971)

(c) Hydrosphere

(d) Atmosphere

(e) Pollution

• Plan of Action to Combat Desertification (PACD)

• World Soils Policy (1982)

• Convention for Prevention of Maritime Pollution by Dumping

• United Nations Convention on the Law of the Sea (1982)

• Convention f(l! the Prevention of PoBution of Sea by Oil

• London Convention for the Prevention of Pollution fonn Ships

• Viena Convention for Protection of Qzone Layer (1985)

• Montreal Protocol on Substances that Deplete the Ozone Layer ( 1987)

• Nairobi Declaration on Climatic Change (1990)

• UN Framework Convention on Climate Change (1992)

• Basel Convention on the Ban of Trans-boundary Movements of Hazardous Wastes ( 1989)

9

The UN Special Session on Africa, therefore, recommended a fundamcntal shift in agricultural research priorities . Research was henceforth supposed to be geared towards screening and adapting technology from the global agricultural research system. The following items were highlighted for research :

• soil and water management techniques

• development of promising (new) crops, including tree crops

• animal nutrition

• range management.

One of the reasons why agriculture has suffered in Africa is because it has always been the profession pursued by the elderly, illiterate people and the peasants. In many African countries, government support and/or community organisation (co­operatives) has been minimal. Hence economic reforms towards a bettcr agricultural production were initiated in many African countries in the 1980s to cater for these

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Environmental Forum Publications Series, no. 2 10

drawbacks. In Africa South of the Sabara women provide food for the family. For a very long time, they have been like tenants on their husbands' land. Refonns to give women more rights on land have therefore been initiated in several of these countries. The United Nations Development Fund for Women (UNIFEM) has been playing a major role in empowering women.

2.2.2 Afforestation Projects

Woodfuel is still the most important source of domestic energy in Africa. Trees are also required as a source of timber both for domestic consumption and export. Tree cutting can therefore lead to deforestation, soil erosion and desertification in many parts of Africa. Regional tree planting initiatives have therefore been established, and the Intemational Centre for Research in Agroforestry (ICRAF) has a role to play.

2.2.3 Pest Control Programmes

The impact of various pests in Africa is illustrated by the following statements. Desert locusts have the potential of infesting the whole of Sub-Sabaran African countrics. Over 10 million km' of Africa's land (i.e., nearly 40% of the tropical land in the continent) suitable for crop production and/or animal husbandry is infested with tsetse fly (Glossina Spp.). River blindness is a major handicap in the development of river basins (especially the Niger, Volta, Gambia and Senegal) in West Africa. Guinea wonn afflicts many wetlands in Africa, especially in the Southern Sudan. Such pests require regional organisations to control them. International support has also been recorded towards these efforts.

2.2.4 Conservation of Biodiversity in Africa

In Africa, there is a rapid depiction of the living natural resources. Currently there are efforts to implement the 1992 Convention on Biological Diversity (CBD). For this to succeed it will require political, economic, social, cultural, ecological, and biological actions at country as well as inter-regional levels. The critical parts of Africa requiring urgent action to save species and ecosystems have been identified by the World Conservation Union (IUCN) and the Worldwide Fund for Nature (WWF). Deforestation, land degradation and desertification are the main processes affecting the loss of biodiversity.

2.2.5 Efforts to Combat Land Degradation/Desertification

During the 1968-1973 Sabelian drought, over 150,000 people and millions of livestock died. In Africa, also desert encroachment is estimated at 1.5 million ha per annum and is hence threatening about 34% of the land surface of the continent. Also about 36% of the population or 186 million people out of the 513 million in 1983 were in danger. This has called for initiatives to combat desertification.

The Economic Commission for Africa (ECA) Conference of Ministers adopted resolution 264 (XIII) in 1975 initiating technical efforts to combat desertification Also in 1993, the Organisation of African Unity (OAU) Council of Ministers meeting adopted, in its 57th Ordinary Session in Addis Ababa, Ethiopia, Resolution (CMlRES 1438/L VIII). This called on experts to:

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Environmental FOMlm Publications Serie .. no. 2 12

traditional environmental conservation and protection. This initiative has begun along the Eastern African coastline and should spread to other coastlines of Africa.

2.2.8 Refugees Influx and Environmental Damage

Africa has experienced more tragedies than any other continent in recent memory. This has had tremendous implications for the continent's natural environmental health, as well as political, social, economic, and cultural life. The problem of refugees in the Great Lakes Region continues to pose tremendous threats to environmental conditions in the host states . Such threats emanate from civil war, the associated refugee camps and use of resources such as building materials (timber and building stones) and water.

2.3 Major Environmental Concerns at the National Level

2.3. J Deforestation

The first major pressure on forests is clearing for agricultural land . Also about 75% of the energy consumed in Kenya today is derived from forest products . There is also increased demand for fuelwood, charcoal, timber and wood products . This has led to deforestation in many regions of the country resulting in the ecosystems' instability.

2.3.2 Water Shortage and Pollution

It has been the government's policy to provide potable water to all Kenyans by the year 2000 AD. A Water Master Plan is in place. However, it is reported that by the year 1991 an estimated 17 million Kenyans were without reasonable access to water while about 13 million lacked adequate sanitary facilities Lack of adequate water has therefore been rated as one of the most serious problems in most Kenyan districts, especially in the ASALs .

With increasing intensification of agriculture, an emerging concern is that of pollution of water bodies from agrochemicals . Pollution from industriaVurban effluents has also taken place. In addition, there is destruction and pollution of underground water aquifers by petrochemicals such as motor oils and other pollutants . In some eases pollution has made drinking water a health hazard to human beings, livestock and wildlife.

2.3.3 Land Degradation and Decline of Agricultural Productivity

Land degradation has occurred extensively in Kenya mainly due to soil erosion . Initially erosion results in the loss of topsoil which is usually the most fertile in terms of plant nutrients .

Soil erosion is a consequence of overgrazing in the ASALs and poor land management in cultivated areas. This results in reduced agricultural productivity and land degradation. The advanced stage of soil erosion results in very deep gullies that are difficult to rehabilitate. However, awareness about soil erosion is quite widespread in Kenya.

Desertification is the process of land degradation in the ASAL areas . The following have led to land degradation in these areas :

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Environmental FOMlm Publications Serie .. no. 2 12

traditional environmental conservation and protection. This initiative has begun along the Eastern African coastline and should spread to other coastlines of Africa.

2.2.8 Refugees Influx and Environmental Damage

Africa has experienced more tragedies than any other continent in recent memory. This has had tremendous implications for the continent's natural environmental health, as well as political, social, economic, and cultural life. The problem of refugees in the Great Lakes Region continues to pose tremendous threats to environmental conditions in the host states . Such threats emanate from civil war, the associated refugee camps and use of resources such as building materials (timber and building stones) and water.

2.3 Major Environmental Concerns at the National Level

2.3. J Deforestation

The first major pressure on forests is clearing for agricultural land . Also about 75% of the energy consumed in Kenya today is derived from forest products . There is also increased demand for fuelwood, charcoal, timber and wood products . This has led to deforestation in many regions of the country resulting in the ecosystems' instability.

2.3.2 Water Shortage and Pollution

It has been the government's policy to provide potable water to all Kenyans by the year 2000 AD. A Water Master Plan is in place. However, it is reported that by the year 1991 an estimated 17 million Kenyans were without reasonable access to water while about 13 million lacked adequate sanitary facilities Lack of adequate water has therefore been rated as one of the most serious problems in most Kenyan districts, especially in the ASALs .

With increasing intensification of agriculture, an emerging concern is that of pollution of water bodies from agrochemicals . Pollution from industriaVurban effluents has also taken place. In addition, there is destruction and pollution of underground water aquifers by petrochemicals such as motor oils and other pollutants . In some eases pollution has made drinking water a health hazard to human beings, livestock and wildlife.

2.3.3 Land Degradation and Decline of Agricultural Productivity

Land degradation has occurred extensively in Kenya mainly due to soil erosion . Initially erosion results in the loss of topsoil which is usually the most fertile in terms of plant nutrients .

Soil erosion is a consequence of overgrazing in the ASALs and poor land management in cultivated areas. This results in reduced agricultural productivity and land degradation. The advanced stage of soil erosion results in very deep gullies that are difficult to rehabilitate. However, awareness about soil erosion is quite widespread in Kenya.

Desertification is the process of land degradation in the ASAL areas . The following have led to land degradation in these areas :

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Wamicha and Mwanje. Environmental Management in Kenya 13 •

• overstocking, leading to overgrazing;

• low income and food deficiencies among the pastoralists, leading to charcoal burning for a livelihood;

• communal land ownership and therefore lack of effective grazing management systems;

• salinisation, especially in lands under irrigation;

• lack of:

exploitation of environmentally neutral livestock enterprises such as honey production (bee-keeping), camel production, and game farming;

sufficient livestock water sources and their poor distribution;

conservation of water catchment areas and protection of water sources;

adequate and ecologically suitable perennial range grass seed and fodder trees to the pastoralists.

2.3.4 Land Use Policy and Land Use Planning

The high to medium potential land surface of Kenya is about 5 .2 million ha or about 20% of the country. This land is very precious both aesthetically and in monetary terms . The quest for land has therefore generated differcnt conflicts in Kenya. Given the existing land use and land tenure systems in the country, only in the high and medium potential areas can we say that there exists a comprehensive tenure system. Here, land predominantly belongs to individuals . However, in ASAL areas the situation is different, as most of the land is communally owned. Hence major environmental conflicts result from competition for land (table 2), and water use .

Table 2. Land use conflicts in Kenya

Area

Land neighbouring game reserves and national parks

AEZ N and V

Hilltops and Hill sides

Riverine areas

Land nSf' conflict

• Wildlife destroying crops • Poaching of wildlife • Competition for pasture and water resources between

wildlife and livestock

• Cultivation vs. grazing

• Cultivation and/or grazir.g vs. afforestation for water catchment protection

• Cultivation vs. riparian vegetation conservation • Cultivation vs . dry season grazing

Note: AEZ = Agroecological Zones.

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Environmental Forum Publication. Serie., no. 2 14 •

The 1994-1996 National Development Plan stressed the need for sustainable development of land through appropriate management of the high potential land and reclamation of the ASALs. However, land use policy on the system of laws, rules, regulations .and land ownership is still lacking. Also lacking is a land use plan or zoning based on the suitability of land resources for socio-economic purposes . Further, there is a lack of modalities for the transfer of public land to private ownership . Their land management remains chaotic.

2.3.5 Population Growth, Distribution and Impad on Natural Resources

The total population of Kenya has increased from II to 21.4, and 25 million in 1969, 1989 and 1995, respectively. The general population density was 27 and 37 persons per km' in 1979 and 1989, respectively. However, there are islands of very high densities (300 - 500 persons per km') in the high potential areas, but as low as five persons per km' in the ASALs. Currently the country 's population growth rate of about 3.4% per annum which is one of the highest in the world. Due to the very high population densities there has been over-exploitation of land resources with the consequent decline in agricultural productivity and land degradation (deforestation and overgrazing).

2.3.6 Refugees Influx in the ASALs

In the ASALs of Kenya, especially within the North Eastern Province, refugees have been known to result in formidable high populatiolJ densities . These refugees then compete for the available resources (water, land and energy) with the local people . In some cases cyclic desertification has occurred around refugee camps.

2.3.7 Settlement Patterns, Sedentarisation of Pastoralists and Squatterism

The land-use structure of most high potential areas in Kenya was historically modelled on the exclusive European Settlement Policy. The dramatic socio-economic changes and heterogeneity following independence in 1963 led to change in this policy. The government introduced settlement schemes for indigenous Kenyans to take over the former White Highlands . However, in some cases these Kenyans were not aequainted with the environmental conditions of the White Highlands, a factor that then led to low agricultural productivity.

About 80% of the land surface of Kenya are ASALs and arc occupied by nomadic pastoralists . Permanent settlements (market centres) dot throughout the ASAL area, especially around the administrative centres due to the need for security. Also, provision of water leads to an automatic settlement at water points, depending on the security situation. Such sedentary settlements are rarely planned prior to implementation.

In the urban areas the destitute establish poverty-stricken slum villages characterised by unemployment. There are also squatters occupying government and private land. Slum and squatter settlements are characterised by environmental health problems.

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2.3.8 Coastal Erosion and Rehabilitation

Several developments of building structures are taking place close to the shoreline. In the case of the sea walls, some parts are affected by erosion. There are also problems of siltation along the coastline and this affects marine habitats. As a result fish catches are diminishing as the breeding habitats continue to be destroyed by human use systems.

2.3.9 Loss of Genetic Resources and Biodiversity

Biodiversity encompasses all plants, animals and microorganisms together with their interactions and habitats. Indigenous terrestrial and mangrove forests, coastal and inland wetlands, coral reefs and gardens, and other ecosystems are important for genetic resources and biodiversity. These ecosystems are improperly exploited, with the result of high ecological and economic costs. To overcome these costs, the community needs to acquire knowledge and resources, as well as incentives to sustainablly utilise the biological resources. It is noteworthy that the threat to genetic resources and biodiversity is triggered by rising human population pressure and the need to clear more land in order to increase food production.

2.3.10 Lack of Participatory Management of Natural Resources

A trend of planning which Kenya inherited from the colonial system was the "Top­down Approach" to environmental issues. This approach never sought the views of the local communities. Hence in many cases natural resources were regarded as belonging to the government. For example most resources in National Parks and Game Reserves are usually perceived by people as belonging to the government due to the overprotection and lack of efforts to create awareness through community­based progranunes. On the other hand people around Game Reserves, which are managed by the local County Councils, are increasingly accepting the resources therein. The struggle for the control of nature reserves between County Councils and Community Groups has already been recorded in the Trans Mara and Lake Baringo areas. More is envisaged in the future as awareness increases and the politics of resource control becomes more important in society.

The Kenya Wildlife Service "new" policy has therefore been reviewed to include aspects of community participation. Communal groups for soil erosion and afforestation also serve to enhance community awareness . The role of NGOs in this regard could be enhanced.

2.3.11 Conflicts in Resource Utilisation

Due to increasing human settlements, conflicts of resource utilisation occur between man and wildlife, agriculture, fisheries and forestry . The conflicts are caused by increasing population in settlement schemes, which in tum brings man face to face with wildlife in his endeavour to fish or to cultivate crops or even to obtain woodfuel. The wild animals often stray out of the National Parks or Game Reserves and damage crops and sometimes cause loss of human life. These conflicts are more severe during the drought period when, for instance, elephants are very notorious for causing havoc to crops and water installations .

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Environmental Forum Publications Series. no. 2 16

Land and water-use conflicts have also been experienced in many areas . As the demand for land for settlement schemes continues to rise, the traditional grazing areas are being taken up by ranchers and settlers from other areas/districts, as is the case with water catchment areas. This process has resulted in the pushing of the pastoralists into rather more marginal areas, with enhanced resource use impacts which may lead to rapid land degradation.

2.3.12 Absence 0/ a Common Environmental Law

In Kenya Parliamentary Acts governing environmental matters are mainly sectoral. For example, there is the Agriculture Act, the Water Act, the Land Acquisition Act, etc. At the same time, these sectoral legislations usually lack co-ordiriation such that in some cases they may be contradictory. For example, in order to increase food production, the Agriculture Act may allow the draining of wetlands and bottomlands in a reclamation project. Such action contradicts any endeavour to conserve Wetland Biodiversity. The harmonisation of environment-specific legislation could improve the conservation practice.

2.3.13 Absence o/Environmental Economics in Natural Resource Management

The economics of development is well developed in Kenya. The country has always given estimates of costs for every National Development Plan. However, expenditure on environmental conservation and/or improvement is only incorporated accidentally. The result has been the neglect of the conservation of fragile ecosystems, resulting in serious damage to water, soil and genetic resources, hence land productivity.

2.3.14 The Poverty Problem

Poverty in Kenya is pervasive and getting much worse. The poor people in Kenya recognise very clearly the gravity of their situation, and possible mitigating options. However they have no capacity to implement the latter.

Recent studies on the poverty situation in Kenya has revealed that the poor are ycarning for some action against the problems afflicting them. One ex-Mau Mau freedom fighter, Muthuni, put it thus: "Don't ask me what poverty is because you have met it outside my house. Look at my house and count the number of holes (in the walls) . Look at my utensils and the clothes that I am wearing. Look at everything and write what you can see. What you see is poverty" (1996).

In copping with poverty, one of the popular options is to exploit whatever natural resources that could be found within the living environment, such as vegetation, with the consequence of land degradation.

A disturbing overall feature of the poverty situation is the apparent long-term trend of impoverishment. Resource use is equally deteriorating. To improve on the conservation practice in Kenya, the poverty situation must therelore be urgently tackled.

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2.3.15 Impacts of the Structural Adjustment Programmes (SAPs)

The African debt crisis is a fusion of social forces characterised by organisation and distribution of wealth under the capitalist system of economic management. By November 1992, Africa's total debt stood at around US$300 billion.

Of the total debt servicing payment from Sub-Saharan Mrica (excluding Nigeria), nearly 30% of it goes to paying loans given by the private banks. The African debt system is driven by the market economy and governed by making of profits . In tbis regard all consumable commodities are produced for the market and not simply for humans. With tbis we have exploitation (of the meagre natural resources), accumulation and domination as major facets of the capitalist system. We know that Africa is endowed with a wealth of natural resources, Kenya included.

The World Bank has recently found it prudent to talk about poverty eradication. While it is the view of the World Bank that SAPs are necessary for Africa' s economic revival and agricultural growtb, it is gratifying to note, however, that the Bank has recently admitted that it made mistakes in introducing structural adjusttnent progranunes in Sub-Saharan Africa, including Kenya. The mistakes are founded on the assumptions they made at the time of introducing the SAPs policy. However, damage has already been made on the African natural environment.

2.3.16 Impacts of Famine

On the advent of a famine in Kenya, it is foreseen that disastrous impacts on the natural environment, on the economy, as well as on political fronts are eminent. Famine is a sure weapon for causing the destruction of natural resources through poor exploitation strategies, decline of economic growtb and the death of democracy. The country is poised to witness extensive practice of the disturbing phenomenon of "food for votes" in its democratic process, a feature that threatens the free practice necessary for effective natural resource conservation.

In the Sessional Paper No. 10 of 1965 based on African Socialism, the Government of Kenya set out to eradicate hunger and other social ills. The natural resources development has therefore focused on: reduced over-reliance on foreign debt propelled economic policies; grassroots initiatives that view food security from the household level, and articulated resource conservation policies. So far present efforts in tbis regard are yet to yield tangible results in the form of organised and effective conservation plans .

2.3.17 Environmental Health

With the current commercial activities and potential for industrial growtb, Kenyan urban centres require co-ordinated planning to be able to cope with environmental problems that go with such growtb . In the past, there has been a lot of unplanned constructions which have affected the physical development of these centres . Mushrooming residential areas often have poor road communication, poor drainage and poor sewerage system.

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EavirollmeataJ Forum Publicatioas Serie=:s"' • .::ac:.0.:..:2=--_ _________ _ _ ...;I'-'-.S

In general, the garbage collection by the Nairobi City Council for example, is below the expected standards and could do with privatisation. The sewerage system is choked, oxidation ponds are overloaded and are being encroached on by upcoming residential estates, such as Soweto Housing Scheme in Embakasi area. Communicable diseases in urban centres of Kenya are on the increase. Environmental health is therefore lacking and thus causing serious resource development problems which impact negatively on conservation practices.

2.3.18 Wildlife Menaces

Wildlife menaces are directed at livestock and crops mainly in areas next to the game reserves. To minimise such problems, the Ministry of Tourism and Wildlife, with the assistance of the provincial administration, should have carried out field education for the local community through Chiefs barazas on the need to exercise basic protection. It may also be necessary for the game reserves to be partly fenced off especially in areas adjacent to human settlements . A better way of controlling animals should be found and implemented with urgency. COlIfhcts between man and wildlife reduce food and income ai household level but also a lot of time is spent trying to keep the smaller animals like monkeys and squirrels from destroying crops .

2.3.19 Food Insecurity •

Most communities in Kenya rely on rain-fed agriculture for food production. However, given the poor soil fertility in two-thirds of the Republic, and also the fact that most of the districts are either arid or very arid, there is sometimes insufficient food production. The monopoly of prime agricultural lands by the rich contributes to the famine situation.

2.3.20 Fisheries Depletion

There has been a significant drop in the recorded fish output in most inland lakes and along the shoreline of the Indian Ocean. Possible reasons for this may be the high siltation of the lucustrine environments and ocean pollution. Also the reduction in the quantity of water entering the inland lakes due to irrigation activities intensified around such lakes as the Naivasha, Turkana and Victoria has been recorded. Another factor that could be of importance is the over-exploitation of the diminishing fish stocks . However, in the case of Lake Victoria, the inversion of the dreaded and rapidly spreading water hyacinth is thought to have destroyed productive fi shing grounds in the region. Serious conservation issues are therefore experienced within the lucustrine and coastal littoral environments of Kenya . In the latter case the problem has been compounded by lack of water. Furthermore, due to lack of marine police, it has become increasingly difficult to monitor activities of foreign vessels which are often engaged in fishing activities.

2.3.21 Mining and Quarrying

There are several small-scale and large-scale sand harvesting enterprises in Kenya. The most affected district being Machakos (e.g ., along Athi River) . Stone quarrying is equally a real problem in rural Kenya. This unplanned mining is increasingly

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Warnicha and Mwanje. Environmental Management in Kenya 19

threatening the water courses in the country. Coral rocks mining in coastal areas is creating instability in coastal ecosystems. The recent discovery of large deposits of titanium in the Magarini Sands of Mamburui and Sokoke areas of Malindi District is likely to enhance the vulnerability of coastal ecosystems when exploitation commences . Proper and thorough Environmental Impact Assessment (EIA) studies could be helpful.

As a major cause of land degradation, it is poised to increase with the rising demand due to rapid growth of Kenya' s urban centres, especially Nairobi and Mombasa. In addition, the operators of such mines and quarry never rehabilitate them, thereby causing serious conservation problems.

2.3.22 Demoralised Professionals

The country continues to witness the proliferation of demoralised professionals working in government service, national universities, and even in certain private sector establishments . Due to the poor remuneration paid for the high quality services offered, some professionals have been forced start engaging themselves in activities unrelated to their training background. This has led to internal as well as external brain drain. Hence, there is a low commitment to the proper implementation of conservation plans.

2.3.23 Aids Pandemic

The AIDS pandemic has exerted major stress on natural resources management. Apart from the rapidly increasing rate in the demise of highly trained scientists, resource managers, policy makers, etc., even skilled ordinary citizens engaged in conservation activities have not been spared. The disease, while it is poised to continue to have an impact on the conservation practice in Kenya, is predicted to have adversely affected the national economy, thereby triggering a vicious cycle of damage on the natural environment.

2.3.24 Gender Issues

A larger proportion of the Kenyan population in the rural areas is women, who experience the roles of being housewives, motherhood and food providers . Given their daily activities, women are the actual managers of natural resources .

The new world concern with environmental protection and conservation has been used to control use of some of these resources . Notable in this regard is the Kenyan Development Plan of 1984-1988, which states that " the main concern with environment ... is to control human behaviour". Since attitudes and perceptions influence practice in resource utilisation, women have an important role in environmental management. This continues to be a major issue in Kenya.

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Environmental Forum Publications Series, no. 2 20

3. CONSERVATION PLANS IN KENYA

3.1 Historical Development of Resource Use Planning in Kenya

3.1.1 Before 1900: The Pre-Colonial Period

During the pre-colonial era, resource management in the interior of Kenya depended very much on whether a group was agrarian or pastoral. The agrarian societies depended very much on tilling the land for crop production. The pastoralists on the other hand believed that all livestock was given to them by God. Most groups lived almost wholly on milk, blood and flesh, supplemented with what they obtained through barter trade with the agrarian societies along the border areas . The pastoralists also had better-organised warriors to extend and protect their territories . Both the agrarian and pastoral societies left large tracts of land for resource management purposes, whose disruption constituted a major environmental problem in Kenya.

Along the Kenya coastline the seeds of colonialism were sowed mainly with the coming of the Portuguese in the 1500s. However, these were removed mainly by the people of Asian origin, especially the Arabs. When Seyyid Said made his imperial seat in Zanzibar, then about 20 km strip from the coastline to the interior was annexed as part of his empire along the East Coast of Africa. This disadvantaged the pcople of African descent because the strip had land of high agricultural production potential.

3.1.2 1900-1930: Settlement in the White Highlands

The colonial white settlers erroneously perceived any tract of land left fallow as no man's land and annexed it. The colonial white settlers began to move into these territories, thus effectively creating barriers that separated the different societies which hitherto interacted freely as in, for example, Thika District between the Kikuyu and Akamba people or in the Limuru area between the Kikuyu and Maasai . Then other groups such as the Maasai were moved from areas where land was of high potential to areas of low potential. The net effect was to increase population densities in the low potential areas such that by 1930 some pockets had densities of up to 500 people per km', which led to accelerated land degradation.

3.1.3 1931-1953: Consolidation of White Settlements

A European Settlement Board (ESB) was fonned in 1945 with an annual budget of £2 million per year provided by the Colonial Government. By 1960, the Board had settled 493 White fanners on about 1.2 million ha of land. Most of the Europeans settled in the fonner "Kenyan White Highlands" between 1918 and 1948. During this period the African land resources development was mainly administered through the African Land Development Board (ALDEV), without any specific plan up to 1946. Development was essentially piecemeal in the African areas and limited almost entirely to subsistence crops such as maize, beans, etc.

It was during this period that the degradation of African land was realised. This was as a result of the fact that both the agrarian and pastoral societies had been