THE UNIVERSITY OF LEIPZIG

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5.8 Biodiversity and institutional reforms in Kenya: A shift towards a demand responsive approach? A wave of formal institutional reforms continues to sweep across the environmental and inadvertently the biodiversity sector in Kenya. The close of 2005 saw the enacting of the new Forest Act and there is also a new Wildlife Act in the offing. Many other policies relating to water, land, agriculture, pollution and waste management are also under review. More strategically, the UNDP/UNEP reviews in the late 1990s pointed out the poor financial, institutional and operational management of supply driven organisations in the realm of environment that resulted into further inconsistencies in service delivery and degradation. 592 Other independent reviews supported by the UNDP and the Global Environmental Facility (GEF) pointed out that the problems were more institutional and structural and if not handled threatened the national and regional environmental status. 593 There were apparent calls for more legal reforms at the national level. In such a scenario we continue to ask our selves; are supply driven approaches not delivering or is it a mere shift towards a demand responsive approaches? At the beginning of this chapter we noted that there are no clear provisions relating to biodiversity as a resource in the supreme law of the land, the constitution. Similarly, there are no provisions for ownership of biodiversity and its accruing benefits. There are however a number of calls to carry out reforms in this sector as well as to recognise the intellectual contributions of the local people in the name of local knowledge transfer, and to entrenched new legislations for better management of this resource. We have also mentioned in the earlier sections of this chapter that the constitution of the country puts it clearly that every one is entitled to a healthy environment and this is apparently not well obtained. The management of biodiversity is largely a state-centred affair, with responsibilities being spread to the central and provincial governments through the various agencies in the respective sister sectors, key of which are Forest Services and the Kenya Wildlife Services. This centre-state institutional relationship was premised on the understanding that the government of Kenya, having initiated the process of macro-policy formulation, institutional establishment and autonomy, would help to strengthen the respective government agencies to enforce legal regimes regarding the environment. Further still, it was anticipated that state organisation would gradually enhance efficient policy formulation and achieve financial independence. However, this has not been feasible. We have discussed the need for formalinformal institutional embrace and we need no emphasis on this. The call for institutional reforms in the biodiversity sector? is however not only based on this formal-informal mismatch, it is also based on the interaction gap between state actors and private sector 592 UNDP/ UNEP. 1999. Development and Harmonisation of Environmental Standards in East Africa.Nairobi: UNDP. 593 UNDP. 1999. Legal and Institutional Issues in the Lake Victoria Basin. Nairobi: UNDP 124
players, especially given the role of the extractive industry in the rural and semi-rural economy in Kenya. 594 More so, we need to point out that apart from institutional weakness, there are also structural weaknesses at the organisational level, culminating into dilemmas at the level of institutional design and implementation. Throughout the biodiversity decades, that is the years that followed the Earth Summit in Rio de Janeiro, problems of ownership of biodiversity, pollution and biodiversity degradation came to the fore. The debate has attracted issues of Access and Benefit Sharing (ABS) which are increasingly becoming part of international and national policy and legal agendas. In this study it is logical to ask: how do people at the local level perceive and assess access and benefit questions, in particular, in the light of national and international guidelines, model laws and other new forms of defining and regulating ABS of biodiversity resources? What mechanisms can support more equitable benefit sharing among the local people? Do these local perspectives inform the national and international agreements? And if so, how can the potential conflicts between local level accesses and benefit sharing priorities and national/international interests be solved? How to build or strengthen local capacity to have a voice in the above questions and answers to the questions? While these questions formed the backbone of this study, they were not warmly received by the intended audiences in Kenya’s biodiversity resource management sector. The same questions also seemed to torment those in the positions of biodiversity governance and as one Key informant Dr. Matanga intimated to this study, the same questions have remained unanswered and hastily noted that they could be responsible for the current wave of reforms that are eating up the sector. 594 Medows, R.F. 2001. Causal Linkages between Poverty and Environment in Kenya. Natural Chatham: UK. Resource Institute. 125
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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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and his claims. Hence it is the fun
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trees, food resources, warmth or ab
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environmental externality function
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Wear observes that the enhancement
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Page 93 and 94: We shall use the term participation
Page 95 and 96: known as community forest user grou
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Page 101 and 102: The social-cognitive dimension can
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Page 105 and 106: In summary, in this chapter we have
Page 107 and 108: This is compouded by glowing struct
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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
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Page 125 and 126: In addition, the director of Agricu
Page 127 and 128: Gottfried suggested that natural re
Page 129 and 130: Based on the review and analysis of
Page 131: Furthermore, issues of monitoring a
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
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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
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Page 169 and 170: Put in the context of Kakamega, it
Page 171 and 172: with one of the Tirirki elders, the
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Page 175 and 176: Further still, it was discovered th
Page 177 and 178: 7.4 Collective community action and
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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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THE UNIVERSITY OF LEIPZIG

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