Land tenure in Samburu County reflects complex overlaps between customary pastoral systems, colonial legal frameworks, contemporary national law, and wildlife conservation reserves. These different systems sometimes create conflict over access and use rights.
Customary pastoral land tenure allocated grazing areas to communities based on historical occupation and water access. Territorial rights operated at community level rather than individual household level. Seasonal movement patterns recognised shifting resource availability. These systems sustained pastoral production for centuries.
Colonial and post-colonial governments introduced individual titling, national reserves, and protected areas overlapping customary territories. Samburu National Reserve and surrounding wildlife conservation areas restrict pastoral access to historical grazing lands.
The 2010 Constitution provides for both private land ownership and community rights. Devolution transferred some land management functions to county governments. Land disputes between communities, between pastoralists and conservation authorities, and between individuals claiming rights through different systems remain common.
Women's land rights historically derived through male relatives in pastoral societies. Contemporary law recognises individual property rights regardless of gender, but customary norms sometimes conflict with legal provisions, particularly affecting women's control of land.
Climate change and pressure on water resources intensify competition for land access. Wealthier individuals and commercial interests acquire land title, potentially restricting pastoral mobility.
Conservation pressure from national and international organisations seeking wildlife protection sometimes excludes pastoral communities from traditional grazing areas. Community conservancies represent newer arrangements attempting to balance conservation and pastoral interests while providing community benefit from wildlife and development.
Land-for-development initiatives require government land compensation and consultation, creating debates over adequate compensation levels and community benefit.
See Also
Sources
- Kenya Land Commission: Samburu County Land Rights Audit. https://www.landcommission.go.ke/
- Commins, S. & Liversage, H. (1994). Customary Tenure and Land Reform in East Africa. IIED Research Report.
- Samburu County: Land Policy and Management Framework 2023. https://www.samburu.go.ke/