1.

LAND TENURE FORMS

Tenure refers to the legal or customary systems governing access, ownership, and use of natural
resources such as land, forests, water, minerals, and fisheries. Different tenure forms exist based
on legal recognition, customary practices, and societal structures. Types of land tenure systems
include;

- Public tenure - Open access tenure

- Private tenure - Customary tenure
- Communal tenure
- Leasehold tenure

a) Public (State) Tenure

The government holds ownership and controls access and use. It applies to resources like
national parks, forests, and protected areas.

Example: Government-managed forests under the Forest Conservation and Management Act,
2016.

b) Private Tenure

Individuals or corporate entities own and control land or resources. Ownership is legally
recognized and transferable.

Example: Private land ownership under the Land Act, 2012.

c) Communal Tenure

Resources are owned and managed collectively by a community. Rights are based on customary
laws and practices.

Example: Community land governed under the Community Land Act, 2016, particularly among
pastoralist communities.

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 d) Open Access

No exclusive ownership; resources are freely accessible to all. Often leads to overuse and
depletion (Tragedy of the Commons).

Example: Unregulated fishing in international waters.

e) Leasehold Tenure

The government or a private owner grants land or resource use for a fixed period. Subject to
lease conditions and renewal terms.

Example: 99-year agricultural land leases in Kenya.

f) Customary Tenure

Rooted in indigenous traditions and cultural practices. It is recognized under the Constitution of
Kenya, 2010.

Example: Land use by indigenous communities in forested areas.

2. GENDER DIMENSIONS IN NATURAL RESOURCES LAW

Gender plays a significant role in natural resource management, affecting access, control, and
decision-making. In many societies, women and men have different rights and responsibilities
regarding natural resources due to social, legal, and cultural factors.

Key Gender Issues in Natural Resource Management

a. Access and Ownership

Women often face barriers in owning land despite legal protections. Customary practices
sometimes restrict women’s land rights, requiring them to access land through male relatives.
Legal provisions under the Matrimonial Property Act, 2013 provide for joint ownership in
marriage.

b. Control and Decision-Making

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Women have limited representation in decision-making bodies related to land and environmental
governance. The Community Land Act, 2016 calls for inclusivity, but cultural norms often
hinder women's participation.

c. Benefit Sharing

Women contribute significantly to agriculture and resource management but often receive fewer
benefits. Environmental laws, such as the Environmental Management and Coordination Act
(EMCA), 1999, emphasize equitable benefit sharing, though enforcement remains weak.

d. Legal Protections and Challenges

The Land Act, 2012 and the Constitution of Kenya, 2010 recognize gender equality in land
ownership. Implementation challenges include lack of awareness, legal bureaucracy, and societal
resistance to change. Gender Equality in Natural Resource Management can be realized through;

i. Strengthening Legal Protections – Ensuring full enforcement of laws that promote gender
equality in resource ownership.
ii. Community Awareness – Educating communities on women’s rights and encouraging
cultural shifts.
iii. Inclusion in Decision-Making – Promoting women's leadership in land and
environmental governance.
iv. Institutional Support – Strengthening land institutions to adopt gender-responsive
policies.

3. CLIMATE CHANGE IMPLICATIONS

a) ALTERED ECOSYSTEM DYNAMICS

Shifts in temperature and precipitation patterns are disrupting species distributions, altering
habitats, and impacting ecosystem functioning. Increased frequency and intensity of wildfires
further destroy habitats, threatening biodiversity, and releasing significant amount of carbon into
the atmosphere. Thawing permafrost in cold regions is releasing methane, a potent greenhouse

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gas further accelerating climate change and impacting local ecosystems. Ocean acidification due
to increased co2 absorption is harming marine ecosystems, including coral reefs which are vital
for biodiversity and coastal protection.

b) IMPLICATION FOR MANAGEMENT

Conservation efforts need to consider shifting species distributions and adapt management
practices accordingly. Fire management practices must be proactive, focusing on prevention,
early detection, and rapid response to reduce the risk of large-scale wildfires. Ecosystem based
adaptation strategies are crucial, focusing on restoring and maintaining ecosystem health to
enhance resilience to climate change impacts. Coastal zone management needs to incorporate
measures to protect against sea level rise and ocean acidification, such as restoring mangroves
and coral reefs.

c) IMPACTS OF CLIMATE CHANGE ON AGRICULTURE AND FOOD SECURITY

Shifts in temperature and precipitation are affecting crop yields and livestock productivity with
some regions experiencing declines. Extreme weather events like droughts, floods, and heat
waves can devastate crops and livestock causing significant losses. Changes in pest and disease
distribution can further impact agricultural production, making it more challenging to grow food.
Sea level rise is inundating coastal agricultural lands, reducing the availability of arable land and
threatening food security in vulnerable regions.

d) IMPLICATIONS FOR MANAGEMENT

Crop diversification and the development of drought resistant varieties can help farmers adapt to
changing conditions. Improved water management practices such as efficient irrigation and
rainwater harvesting are crucial for ensuring water availability for agriculture. Climate-smart
agriculture is essential ,focusing on practices that increase productivity, enhance resilience to
climate change, and reduce greenhouse gas emissions. Food security strategies need to consider
the impacts of climate change on agricultural production and ensure access to food for vulnerable
populations.

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 e) LAND DEGRADATION AND DESERTIFICATION

Increased temperatures and altered precipitation patterns are intensifying land degradation
through drought, desertification, and soil erosion. More frequent and severe droughts reduce soil
moisture, hindering vegetation growth and increasing wildfire risk. Intense rainfall events lead to
increased soil erosion, washing away fertile topsoil and reducing land productivity.
Desertification is expanding in arid and semi-arid regions, transforming productive land into
barren landscapes.

f) IMPLICATION FOR MANAGEMENT

Sustainable land management practices are crucial for preventing and reversing land degradation,
such as conservation tillage, agroforestry, and rangeland management. Soil health management is
essential for maintaining soil fertility, water holding capacity, and carbon sequestration. Drought
preparedness and mitigation strategies are needed to reduce the impacts of drought on land
productivity and livelihoods. Community-based approaches to land management can empower
local communities to adapt to climate change and manage their land resources sustainably.

g) INCREASED RISKS OF DISASTERS

Climate change is increasing the frequency and intensity of extreme weather events, such as
floods, droughts, heat waves, and storms. These events can cause significant damage to land
resources, including soil erosion, landslides, and infrastructure damage. They can also lead to
displacement and loss of livelihoods, particularly in vulnerable communities that depend on land
for their sustenance.

a. IMPLICATIONS FOR MANAGEMENT

Disaster risk reduction strategies need to be integrated into land management planning,
vulnerability assessment and early warning systems. Infrastructure development should consider
climate change risks and be designed to withstand extreme weather events. Community based
disaster preparedness can empower local communities to respond effectively to disasters and
reduce their impacts. Overall, the implications of climate change for land as a natural resource
are significant and require a proactive and integrated approach to management. This includes

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 i. Mitigation: Reducing greenhouse gas emissions to slow down the rate of climate change.
ii. Adaptation: Implementing measures to adapt to the changing climate and reduce
vulnerability of land resources.
iii. Sustainable land management: Promoting practices that enhance soil health, conserve
water, protect biodiversity, and reduce land degradation.
iv. Policy and governance: Implementing policies that support sustainable land use, promote
climate resilience, and ensure equitable access to resources.

4. DISASTER PREPAREDNESS IN LAND AS A NATURAL RESOURCE AND ITS

MANAGEMENT

Disaster preparedness is crucial for effectively managing land as a natural resource, especially in
the face of increasing climate change impacts. Here is a breakdown of key aspects:

a. Hazard identification and risk assessment;

This involves Identifying potential hazards. Determine the types of disasters that could affect
the land, such as floods, droughts, wildfires, landslides, or coastal erosion.

b. Assess vulnerability;

Evaluate the susceptibility of the land and its resources to these hazards, considering factors
like soil type, topography, vegetation cover, and existing infrastructure.

c. Analyze risks;

Combine hazard and vulnerability assessments to identify areas at high risk and prioritize
preparedness efforts accordingly.

d. Land use planning and regulation;

Incorporate disaster risk reduction into land use planning: Ensure that land use plans consider
potential hazards and avoid development in high-risk areas.

e. Implement building codes and regulations;

Enforce standards for construction and development that minimize vulnerability to disasters.

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f. Promote sustainable land use practices;

Encourage practices that reduce land degradation and enhance resilience to disasters, such as
conservation tillage, agroforestry, and wetland restoration.

g. Early warning systems and communication:

Develop and maintain early warning systems. Implement systems to monitor potential
hazards and provide timely warnings to communities and land managers.

h. Establish effective communication channels;

Ensure that warnings reach relevant stakeholders promptly and that communities have access
to information on how to prepare and respond to disasters.

i. Community-Based Preparedness;

Engage local communities in preparedness planning. Involve communities in identifying

risks, developing response plans, and implementing preparedness measures.

j. Provide training and education;

Equip communities with the knowledge and skills needed to prepare for and respond to
disasters, including evacuation procedures, first aid, and disaster-resistant construction
techniques.

k. Establish community-based disaster response teams;

Support the formation of local teams trained to assist in search and rescue, damage
assessment, and relief distribution.

l. Ecosystem-Based disaster risk reduction;

Protect and restore natural ecosystems: Recognize the role of healthy ecosystems in reducing
disaster risks, such as forests for flood control, mangroves for coastal protection, and
wetlands for water regulation.

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 m. Integrate ecosystem-based approaches into disaster preparedness;

Incorporate measures to protect and restore ecosystems as part of overall disaster risk
reduction strategies.

n. Infrastructure and technology;

Develop disaster resilient infrastructure. Design and build infrastructure that can withstand
potential hazards, such as roads, bridges, and water systems.

o. Utilize technology for disaster preparedness;

Employ tools like remote sensing, GIS, and mobile applications for hazard monitoring risk
assessment, and communication.

p. Policy and Institutional Framework;

Develop comprehensive disaster risk reduction policies: Establish policies that guide disaster
preparedness efforts and integrate them into land management practices.

q. Strengthen institutional capacity;

Ensure that relevant agencies have the resources and expertise needed to effectively
implement disaster preparedness measures.

r. Monitoring and Evaluation;

Regularly monitor preparedness measures: Track the effectiveness of preparedness efforts

and identify areas for improvement.

s. Conduct post-disaster assessments:

Evaluate the impacts of disasters on land resources and use lessons learned to improve future
preparedness.

Framework for access to forest resources

The framework for access to forest resources in Kenya involves various aspects, including legal
regulations, management plans, and community involvement.

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1. The Constitution of Kenya

Article 10 provides for public participation as a national value and principle. The public should
be involved in the formation of legislation that govern the access to forest resources.Article 42
provides for protection of the environment for the benefit of present and future generations.
Article 69 obliges the state to ensure sustainable exploitation, utilization, management and
conservation of the environment and natural resources.Article 69 also obliges the state to work
on achieving and maintaining a tree cover of 10%. Access to forest resources may be regulated
in order to observe article 42 and 69 of the constitution. The 4th Schedule provides for the
functions of the County government which include implementing policies on natural resource
and environmental conservation, including policies on forestry. Thus the counties shall
implement policies by the national government legislating on the access to natural resources.

In Law society of Kenya vs Ag and 3 others, Katina institute and 6 others(2023), the government
by an order of the cabinet secretary of environment and forestry imposed a moratorium on
logging and timber harvesting in all public and community forests. Court held that the people of
Kenya are entitled to involvement in formulating and legislating laws, rules, regulations and
guidelines governing logging activities. Court granted conservatory orders preventing
harvesting of timber in forests except for the 5,000 hectares of mature and over mature trees
identified by the multi-agency oversight team which should be harvested under the supervision
of the Kenya forest service and multi-agency oversight team.

In Timber manufacturers society vs Kenya forest service and 2 others, Kiambu saw
millers( interested parties), the Kenya forest service(KFS) had failed to conduct public
participation when it decided to invite tenders to bid for forest materials which are part of
natural resources.Court declared that the failure of the KFS to allow the public to participate in
disposing natural resources contravenes article 10.

2. Forest Conservation and Management Act

It is the primary legislation governing forest resources in Kenya. Section 8 provides that some of
the functions of the Kenya forest service (KFS) include to receive and consider applications for
licenses or permits in relation to forest resources or management of trees. Thus companies or
individuals seeking to harvest forest resources such as timber must obtain a license from the
KFS.

Section 56(2) provides that the Kenya forest service shall issue a timber license. Section 71(2)
provides that regulations may be made by the cabinet secretary on the controlling of
harvesting, collection, sale and disposal of forest produce.

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3. Environmental Management and Coordination Act

EMCA establishes the legal framework for the management of the environment. National
environmental management authority is responsible for the management and conservation of
the act.Section 44 mandates National Environmental Management Authority, in consultation
with other relevant agencies to develop, issue and implement regulations, procedures and
measures for the sustainable use of hills, mountains and forests. Section 58 provides that an
environmental impact assessment license must be issued for timber licensing. NEMA is
responsible for enforcing section 44 and 58 of the EMCA act.

4. Forest regulations/rules

The forest regulations control the access to forest resources in order to ensure sustainable
forest management. They stipulate on granting of licenses and include:

(i)Forest( harvesting ) rules (2009)

Rule 4 provides that no person shall harvest timber in a stable forests, provisional forest, local
authority or a registered private forest without a valid license.

Rule 10 provides for timber marking and states that the director of the KFS shall assign different
marks for each station, state forest and private forest.

Rule 11 provides that a person shall not transport forest produce without a valid license,
delivery note and proof of payment of prescribed fee. To transport forest produce from a
private forest one must have a proof of origin issued by the owner of the forests

Rule 20 provides that no person shall collect firewood from a state forest,local authority forest
or a provisional forest without a license.

Rule 25 provides that the director of the KFS may suspend or revoke a license if the director is
reasonably satisfied that the licensee is carrying on practices detrimental to forests, licensee
contravened conditions in the license or the licensee contravened provisions of the forest
conservation and management act.

(i) Forest (charcoal) rules (2009)

Rule 4 provides that the KFS shall be responsible for the issuance of licenses for the production
and transportation of charcoal. Rule 13 provides that a license shall, upon receiving a written
request from the director of the KFS, provide such data relating to charcoal production. Rule 14
provides for the issuance of a charcoal movement permit by the KFS

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(iii) Forest( participation in suitable forest management rules) 2009

Rule 9 provides that a person who wishes to utilize forest goods or services in a manner other
than exercise of customary rights shall apply to the KFS for a permit. Rule 12 provides that a
timber license shall be issued by the KFS and shall be valid for an year.

Rule 14 provides that a bid shall be made for a timber license and the successful bidder to be
allowed to harvest forests and such harvesting shal be done under the guidance of the KFS.

Tiers of forest resources management

1. Public forests Management

Resources in public forests in Kenya are managed by the Kenya forest service. Section 31 of the
forest conservation and management act provides that all public forests are vested in the Kenya
forest service. The Kenya Forest Service is established by section 7 of the forest conservation
and management act and some of its functions pursuant to section 8 of the act include

1. Conservation, protection and management of all public forests.

2. Prepare and implement management plans for all public forests

3. Receive and consider applications for licenses

4. Implement and enforce rules and regulations governing importation, exportation and trade
in forest produce.

5. Promote forestry education and training

2. Community forests management

Forest resources in community forests are managed by the community forests associations.
Section 49 of the forest conservation and management act provides that the community forest
associations shall:

1. Conserve and manage forests or part of forests in accordance with an approved

management agreement entered into by the Kenya forest associations
2. Formulate and implement sustainable forest programs.

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 3. Protect sacred groves and protected trees
4. Help in firefighting
5. Inform the Kenya forest service of any developments, challenges and occurrences within
the forests that are critical for conservation of biodiversity.
3. Private Forest Management

This involves the management of forests on privately owned land. The individual land owner
manages the trees on their land.

5. FOREST IN THE GLOBAL CLIMATE CHANGE DEBATE

Forests are a double-edged sword in the climate change debate. When protected and managed
well, they are a powerful tool for carbon sequestration. However, deforestation and
mismanagement can turn them into major carbon emitters. Sustainable forest management is,
therefore, essential in the global fight against climate change.

Forests are at the center of the climate change debate because they play a dual role: they mitigate
climate change by absorbing carbon dioxide (CO₂) but also contribute to global warming when
destroyed. Their conservation and management are crucial in global climate policies.

The following are some of the key roles forest plays in the global climate:

a. Climate Regulation and Ecosystem Stability

Forests help regulate global and local climates by;

i. Producing oxygen and maintaining air quality

ii. Influencing rainfall patterns and preventing droughts
iii. Reducing the risk of floods and landslides
iv. Maintaining biodiversity, which supports climate resilience

b. Slows down global warming.

Forests store carbon not just in trees but also in the soil. This keeps CO₂ out of the air for many
years, slowing down global warming.

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 c. Reducing the Impact of Extreme Weather

Forests help protect against strong winds, hurricanes, and heatwaves. They act as natural
barriers, reducing the damage caused by storms and strong winds.

d. Controlling Temperatures

Forests keep the Earth cooler by providing shade and releasing water into the air. This helps
lower high temperatures, especially in hot regions.

e. Forests Help Control Weather and Climate

Forests;

Produce oxygen and clean the air

Help bring rain and prevent droughts

Stop floods and landslides

Protect animals and plants, which help nature stay balanced

f. Forests as Carbon Sinks

Forests act as natural carbon sinks, absorbing and storing large amounts of CO₂. The Amazon
Rainforest, for example, absorbs billions of tons of CO₂ annually. However, deforestation and
forest degradation release this stored carbon, accelerating climate change.

6. DISASTER PREPAREDNESS

Disaster preparedness means getting ready for emergencies like floods, droughts, earthquakes, or
fires before they happen. It helps reduce damage, protect lives, and speed up recovery. Disaster
preparedness saves lives and reduces damage. People, governments, and communities must work
together to plan, respond, and recover from emergencies.

Types of disasters.

a. Natural Disasters;
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They are caused by the forces of nature hence human beings cannot dictate where, how and
where they occur. However, human activities that are harmful to the environment often fuel these
calamities. They include;

Floods, Droughts, Earthquakes, Hurricanes & storms, Landslides, Wildfires and Pandemics

b. Man-made Disasters

These ones occur purely dues to human activities. They include;

Industrial accidents (e.g., chemical spills), Transportation accidents (e.g., plane or train crashes),
Terrorism & conflict and Environmental pollution

Steps in disaster preparedness

a. Risk Assessment

Identify possible disasters in your area.

Understand how often they happen and how severe they can be.

b. Early Warning Systems

Weather reports and alerts from government agencies.

Sirens, phone alerts, and radio messages.

Community-based warning methods (e.g., bells, drums, or loudspeakers in villages)

c. Emergency Planning

Includes the following broad elements;

i. Personal & Family Plan

Know safe places in your home and neighborhood.

Decide on an emergency meeting point.

Teach children how to call for help.

ii. Community & Government Plans

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Set up evacuation routes.

Train emergency teams and first responders.

Build strong infrastructure (roads, hospitals, and shelters).

d. Emergency Kits (Go Bag)

Every family should have an emergency kit with:

i. Water (at least 3 days’ supply per person).

ii. Non-perishable food (canned food, energy bars).
iii. First aid kit (bandages, medicine, painkillers).
iv. Flashlight & extra batteries.
v. Whistle (to call for help).
vi. Important documents (ID, insurance papers, emergency contacts).
vii. Clothes & blankets for warmth.

e. Training & Drills

Schools and workplaces should have fire drills and evacuation exercises.

First aid and CPR training help people assist the injured.

Local authorities should hold disaster response simulations.

Role of government in disaster preparedness.

1. Risk Assessment and Early Warning Systems

Identify areas prone to disasters like floods, droughts, and earthquakes.

Set up early warning systems (weather forecasts, sirens, SMS alerts).

Work with scientists and experts to predict disasters.

2. Policy and Laws for Disaster Management

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Create and enforce disaster management laws.

Set up government agencies to handle emergencies (e.g., Kenya’s National Disaster Operations
Centre - NDOC).

Ensure businesses and communities follow safety regulations (e.g., fire safety rules in buildings).

3. Building Strong Infrastructure

Construct flood barriers, dams, and drainage systems to prevent flooding.

Strengthen roads, bridges, and buildings to withstand disasters.

Provide emergency shelters for displaced people.

4. Emergency Response Teams and Training

Train rescue teams like firefighters, police, and paramedics.

Organize fire drills and disaster simulations in schools, hospitals, and offices.

Educate the public on disaster preparedness (e.g., what to do in an earthquake or flood).

5. Funding and Resources for Disaster Response

Allocate money for emergency services, relief supplies, and reconstruction.

Store emergency supplies like food, medicine, water, and tents.

Ensure hospitals are ready to handle mass casualties.

6. Coordinating Disaster Response and Recovery

Work with local governments, NGOs, and international organizations to provide aid.

Help victims with food, medical care, and temporary housing.

Support businesses and farmers to recover after disasters.

7. Climate Change Adaptation

Protect forests and wetlands to reduce the impact of floods and droughts.

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Encourage water conservation and sustainable farming.

Promote the use of renewable energy to reduce climate change effects

8. Public Awareness and Community Involvement

Educate people about how to prepare for disaster

Support community-based disaster response teams.

Encourage volunteer participation in rescue and relief efforts.

After a disaster, quick action is needed to;

a. Provide medical care, food, water, and shelter.

b. Repair roads, homes, and schools.
c. Offer mental health support for survivors.

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