10 years on, pastoralists still wait for the community land promise

Today, September 21, marks 10 years since Kenya’s Community Land Act came into force, giving effect to a constitutional promise that communities would have stronger rights over land held under customary tenure.

For pastoralists, whose livelihoods depend on shared access to rangelands, water points, grazing areas, livestock corridors and dry season reserves, that promise remains unfinished. The issue goes beyond land ownership.

Kenya’s drylands support most of the country’s livestock, provide critical wildlife habitats and are attracting investment in conservation, renewable energy, tourism and carbon projects.

Secure community land rights determine whether local people benefit from these opportunities or are excluded from them. Community land tenure allows communities to manage shared resources such as water and pasture, develop drought mitigation plans, resolve resource conflicts and invest collectively in restoring degraded landscapes.

It also opens opportunities to participate in carbon credit projects and benefit from the growing carbon economy through shared governance.

Momentum is building for faster registration. The Sajili Ardhi Ya Jamii campaign, backed by a coalition of advocacy groups supported by Namati, is urging the government to register all community land by 2030. About 60 per cent of Kenya’s land is occupied by Indigenous Peoples and local communities, yet only seven per cent of land eligible for formal community tenure has been registered.

The principle emerging from pastoralists is straightforward: Nothing for us without us. It was the defining message at the Global Pastoralist Gathering in Ulaanbaatar, Mongolia, held alongside the recently concluded United Nations Convention to Combat Desertification COP17.

The Ulaanbaatar Declaration called for pastoralists to have direct and equitable access to land restoration and climate finance, and a stronger voice in decisions affecting their lands and livelihoods. Mali Ole Kaunga, founder and executive director of IMPACT Kenya, says those commitments must translate into faster action on secure land tenure, pastoral mobility, rangeland restoration and community resilience.

The message is particularly relevant for Kenya. Where community land remains unregistered or fragmented, pastoralists struggle to protect grazing systems, negotiate investments and safeguard seasonal mobility. Subdivision and competing land claims can weaken livelihoods and undermine environmental management.

As attention shifts from the land COP to the upcoming biodiversity and climate COPs, Kenya has an opportunity to align its domestic actions with its international commitments.

The Ministry of Lands and the National Land Commission should accelerate community land registration, while agencies overseeing climate and conservation programmes must ensure investments respect community rights and deliver transparent benefits.

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