THE UNIVERSITY OF LEIPZIG

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to protect and manage the country’s forest resources given the fact that it lacked effective institutional network and capacity. 561 This same scenario is relevant as we grapple to understand the kind of institutional regime that obtains in Kenya. The Agriculture Act (Cap 318) The Agriculture Act has the following stated objectives: To promote and sustain agricultural production, provide for the conservation of the soil and its fertility and stimulate the development of agricultural land in accordance with the accepted practices of good land management and good husbandry. 562 In the Agriculture Act we find a strong institution regarding the Kenyan resource sector. However, this should not be wholesomely construed to represent efforts to protect biodiversity, but should be appreciated in the purview that agriculture is one of the leading sectors in the Kenyan Economy, contributing up to 27 percent of national GDP and up to 75 percent of the foreign exchange base. 563 Agriculture also provides up to 70 percent of raw materials to Kenya’s agro-based industries and provides employment in the rural areas through intensive and extensive farming. 564 Fundamentally, the Act defines ministerial statutory powers on how such powers should be used in enforcing the provisions of the act, especially in implementing agricultural related tasks. The Act identifies a number of agencies to assist the Minister in executing these duties. These agencies include the District, Provincial and the Central Agricultural Committees. To achieve its objectives, the Act gives the Minister the authority to determine ownership of agricultural lands. The Act gives the Minister and/or the Director of Agriculture in consultation with relevant authority such as the District Agricultural committee, powers to take over any land resources in emergency cases. 565 The Act further stipulates the important formal institutional roles in this sector. These roles are entrusted in the person of the Minister of Agriculture and/or the Director of the ministry and must ensure among others. 566 The other institutional role regards enabling of new settlements and provides rules that govern such settlement, including outlining the crops to be grown, the number and type of livestock to be kept, and the agricultural production procedure. This provision is buttressed in the effort to limit activities that exploit land and damage the environment. Under this provision, the ministry in consultation with its various offices can demarcate land for preservation with a land preservation order. We further note that there are no inherent provisions on property and rights of tenure to the affected owners. 561 Khadaha,C and E.Gurung. 1999. Forest Nationalisation in Nepal. 562 GOK, The The Kenya Agricultural Act section 2(1) Cap 318 of the laws of Kenya. 563 GOK. 2004. Ministry of Agriculture, Livestock and Fisheries Development:A strategy for Revitalisation of Agriculture 2004-2014. 564 The Kenya Agricultural Act section31(2) Cap 318 of the laws of Kenya. 565 The Kenya Tea Development Order. LN 113/1970. 566 The Kenya Tea Development Order. LN 113/1970. 116
In addition, the director of Agriculture may issue land preservation orders requiring the owners to adopt any agro conservation system in relation to the land in question. 567 Under such orders, the owner is required to undertake conservation and is prohibited to undertake any activities perceived to be incompatible with good land management practices. 568 Further still, the director may prohibit the grazing of livestock in vulnerable ecosystems and require the forestation of land in order to reclaim land which is at the verge of degradation. Similarly, the Act empowers the above authorities to make rules for preservation, utilisation and development of agricultural land including the control of farm land activities as well as limiting the size of land available to farm workers for utilisation. It also allows local governments to make bye-laws for the same purposes. 569 The particular dilemma with this law is that it does not elucidate the procedures to be followed in undertaking any of the above enforcements. Like other laws in this Country, there are no provisions for local or traditional practices of land conservation in relation to biodiversity, a particular indicator that the law borrowed form the colonial conservation narratives, that usually branded traditional conservation methods as inefficient and wasteful. One other issue that must be pointed out is that the Act can dispossess owners of their land if they violate any land preservation or land development orders. This exhibits an extreme command and control posture of this specific Law. This kind of command and control posture is supported by Wear. He posits that formal institutions exert their inherent influence to regulate individual or human behaviour through surveillance and sanctioning power. 570 We however note that while formal institutions perform a regulative function, we must also appreciate that individuals define and assign values to the environment in which they operate. Turning to agricultural conservation practices, it must be pointed out that because of assigned values to the environment, individuals carry out conservation practices based on the normative structures within defined localities. Given the fact that the framework of the agricultural the Act is built around commands and controls as exhibited by section 48(1). 571 This can be a major disincentive for efficient land use and long-term biodiversity conservation. The Wildlife Management and Conservation Act Wildlife constitutes an important national resource with substantial socio- economic, cultural, scientific, aesthetic and environmental values. The Wildlife Act, chapter 376 of the Laws of Kenya, aims at regulating the management and the conservation of the nation’s wild flora and fauna. The Act recognises wildlife conservation in two areas. These are areas set aside exclusively for wildlife such as parks and reserves as well as sanctuaries with no active 567 The Kenya Agricultural Act, Section 48(a). 568 The Kenya Agricultural Act, Section 48(d). 569 The Kenya Agricultural Act, Section 48(2). 570 Wear, D.N.1992. Forest Management, Institutions and Ecological Stability. A paper presented at the Appalachian Society of American Foresters’ meeting, Asheville: North Carolina. 571 The Kenya Agricultural Act. Agricultural Act, Section 48(1). 117
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INSTITUTIONAL DILEMMAS IN TROPICAL
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Dedication This work is dedicated i
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7.4 COLLECTIVE COMMUNITY ACTION AND
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UNDP United Nations Development Pro
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1 Introduction 1.1 Introduction Ken
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are mediated into the national poli
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Giddens notes that linking agency a
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foreign exchange controls made the
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and to preserve the different fores
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Map 2: Landsat ETM+ (7) satellite i
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egimes. 46 Yet national regimes gov
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Institutions and Institutionalism:
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learn that in practice, the definit
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The above revelations show the disc
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technologies. This kind of thinking
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The social movement’s notion arti
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1.8 Methodology The choice of resea
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Sources of data Data for this study
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knowledge, opinions, notions in rel
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2 Theoretical Considerations 2.1 In
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opposed to particularistic in the i
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constraints have to be applicable t
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process is a product of both extern
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position also influences actors’
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to a specific choice problem, which
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communications and authority relati
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the subsequent lack of general or s
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generally. Historical institutional
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can have remarkable consequences at
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myths and ceremonies devised by man
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In light of the above postulation,
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among inter ethnic relations. 273 D
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also important for maintaining the
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what sort of environment is left fo
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Rittberger called it “institution
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of governance. 314 For instance, fo
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Page 79 and 80: Wear observes that the enhancement
Page 81 and 82: 4 Biodiversity, local decentralisat
Page 83 and 84: officials found to have dished out
Page 85 and 86: national level. At the local level
Page 87 and 88: declared a ban on felling indigenou
Page 89 and 90: 4.2 Institutionalism, local decentr
Page 91 and 92: iodiversity change been altered, bu
Page 93 and 94: We shall use the term participation
Page 95 and 96: known as community forest user grou
Page 97 and 98: 1960s and early 1970s in Europe and
Page 99 and 100: upholding of the social values and
Page 101 and 102: The social-cognitive dimension can
Page 103 and 104: as goods and certain services, and
Page 105 and 106: In summary, in this chapter we have
Page 107 and 108: This is compouded by glowing struct
Page 109 and 110: the Constitution. The Constitutiona
Page 111 and 112: far as ownership is concerned. As a
Page 113 and 114: maximum spring discharge level. 501
Page 115 and 116: During pre-colonial times, issues o
Page 117 and 118: whose boundaries could not be alter
Page 119 and 120: Although Kenya’s policy and legal
Page 121 and 122: egeneration thereof or biodiversity
Page 123: marine and fresh water resources an
Page 127 and 128: Gottfried suggested that natural re
Page 129 and 130: Based on the review and analysis of
Page 131 and 132: Furthermore, issues of monitoring a
Page 133 and 134: players, especially given the role
Page 135 and 136: household was 6. Adults are here de
Page 137 and 138: eadily available for the researcher
Page 139 and 140: It is imperative to appreciate that
Page 141 and 142: tragedy for the entire household, c
Page 143 and 144: Table 6.6 Why persons are named aft
Page 145 and 146: the extreme lowland side, the area
Page 147 and 148: on the forest biodiversity is neith
Page 149 and 150: settling around the Mount Elgon are
Page 151 and 152: concluding the ceremonies with the
Page 153 and 154: Gender, cropping systems and labour
Page 155 and 156: ural livelihoods, it became the foc
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Page 159 and 160: Like we have earlier noted, most of
Page 161 and 162: When asked how such people (Custodi
Page 163 and 164: 7 Historical and Sociological Insti
Page 165 and 166: Biodiversity and customary law in K
Page 167 and 168: education and a majority of social
Page 169 and 170: Put in the context of Kakamega, it
Page 171 and 172: with one of the Tirirki elders, the
Page 173 and 174: places, there was an array of reaso
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Further still, it was discovered th
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7.4 Collective community action and
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development of various community re
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Other scholars in the area of prope
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for instance, where common property
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8 Summary and Conclusions 8.1 Recap
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Conclusions The overall objective o
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already exits within the Luhya reso
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sense, the community conserved area
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management such as Kakamega, these
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We have already indicated that like
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prohibiting the use of natural reso
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economic and cultural values with a
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The wider and long-term implication
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will make it much more difficult to
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8.5 Summary The findings that have
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initial conditions, path dependence
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References BOOKS Adrian, P. 2003. T
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Downs, R. E. and S. P. Reyna. 1988.
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Kanyinga, K. 1994. Ethnicity, Patro
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Neisser, U. 1967. Cognitive Psychol
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Strathern, M. 2000. Environments wi
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Reardon, T and Vosti, S. A. 1995. L
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Krhoda, G. 1998. What Ails Kenya's
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Strathern, M. 1996. Potential Prope
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Colchester, M. 2003. Conservation P
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Murombedzi, J. 1998. The Evolving C
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Newspapers The Daily Nation Karura
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List of Figures and Maps Map 1 Map
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Response Codes Snakes Monkeys Frogs
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Section 3. Usage and management for
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Code How often are such ceremonies
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Section 5. Management of local know
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Code Who is responsible for growing
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Appendix B. Schedule of organizatio
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The interviews focused on the confl
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Appendix D. Bibliographic schedule
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Versicherung Ich versichere, dass i
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