Land tenure in Marsabit County reflects complex overlaps between customary pastoral systems, colonial legal frameworks, and contemporary national law. 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. Marsabit National Park, Mount Marsabit Forest Reserve, and Lake Turkana Water Catchment protections 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 protected area 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.
Land-for-development projects including the Lake Turkana Wind Power facility acquisition required government land compensation and consultation, creating debates over adequate compensation levels and community benefit.
Community pastoral conservancies represent newer arrangements attempting to balance conservation and pastoral interests while providing community benefit from wildlife and development.
See Also
Sources
- Kenya Land Commission: Marsabit 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.
- Marsabit County: Land Policy and Management Framework 2023. https://www.marsabit.go.ke/