THE UNIVERSITY OF LEIPZIG

management practices have always eluded most of these agencies, hence failing to realise the
benefits of sustainable utilisation and conservation of biodiversity.
5.4 Evolution of legal regimes and legal reforms relating to biodiversity
The pre-independence period
Kenya became independent in 1963. Prior to her independence, Kenya was administered as a
British settler colony. It was Kenya’s mountain climate, a characteristic feature of the Kenya
highlands, and its incredible fauna and flora that attracted most of the early British settlers
into this East African Country. 508 This new found land later became a home to many Kenyans
of British descent. The new settlers also referred to as new conquerors, became owners of the
Kenyan highlands and as a result demanded that new policies relating to the conservation of
biodiversity had to be instituted. 509
It is imperative to point out that these policies were not aimed at protecting biodiversity as an
end in itself, but rather at promoting/securing the interests of the new class of settlers. As a
result the newly instituted policies never took into consideration the interests, knowledge’s,
cultures or even attitudes of the indigenous people at the time of colonisation. 510 We ought to
note that while policies relating to biodiversity conservation were enacted, it did not mean that
indigenous Kikuyu, Masai, Kamba or Meru were poor managers of their own biodiversity.
Sorenson, noted that the new settlers had destroyed the biodiversity else where in Europe
through hunting and recreation games. As a result the framers of the new policies to govern
the land had to put this into consideration. 511 One fascinating issue as Steinhart puts it, is that
the new legal framers forgot that as living conditions become better, so will the issue of the
population growth. As expected, the new policies did not anticipate this. Generally speaking,
as the population of the newfound lands increased, so did the demand for more land and more
natural resources. This marked the beginning of the threats to biological diversity in Kenya. 512
There is a correlation between population growth and increased demand and/or destruction of
natural resources, and this needs no recapitulation. 513 Although there are no significant
statistical figures for the pre-independence days, earliest estimates made by Kuczynsk put the
population in the colony at 2.500.000 in 1897. By 1914 this population was reported to have
increased to 4.000.000. 514 These estimates were computed based on the hut and poll taxes and
therefore can not be taken as absolute figures. However, they can offer us an insight into the
population trends in the country at the time.
508
Sorenson, M.P.K. 1968.The Origin of European Settlement in Kenya. Nairobi: East African Literature
Bureau.
509
Ibid.
510
Steinhart, E. 1991. The Ideology of Game Conservation in Kenya.1945-1965.
511
Ibid.
512
Dilley, M. 1937. British policy in the Kenyan colony. New York: University Press.
513
Liu, J., G.C, Daily, Ehrlich P.R. and Luck G.W. 2003. Effects of Household Dynamics on Resource
Consumption and Biodiversity. Nature 421 (6922): 530–533.
514
Kuczynsk, L. B. 1948. Demographic Survey of British Royal Empire. Vol 11. Royal Institute of International
Affairs.
106