By Dr. Kariuki Muigua, PhD (Leading Environmental Law Scholar, Policy Advisor, Natural Resources Lawyer and Dispute Resolution Expert from Kenya), Winner of Kenya’s ADR Practitioner of the Year 2021, ADR Publisher of the Year 2021 and CIArb (Kenya) Lifetime Achievement Award 2021*
Most commentators have identified the major direct causes of human-induced biodiversity loss as the fragmentation, degradation or loss of habitats (land-use change); the over-exploitation of natural resources; pollution of air and water (by several activities such as agriculture); the introduction of non-native (alien, or exotic) species and climate change-induced biodiversity loss – these factors being inextricably linked with some or all of the other direct causes and in turn are driven by underlying causes. In addition, studies have concluded that one major cause of future species loss will be land use change from agriculture. This makes sustainable land use and agricultural practices a priority in the conservation of biodiversity resources.
The Food and Agriculture Organization of the United Nations defines ‘sustainable land management (SLM)’ as ‘comprising measures and practices adapted to biophysical and socioeconomic conditions aimed at the protection, conservation and sustainable use of resources (soil, water and biodiversity) and the restoration of degraded natural resources and their ecosystem functions’. SLM is associated with activities that are meant to: prevent land conversion and protect vulnerable lands; prevent and mitigate land degradation and restore degraded soils; control soil erosion; improve soil-water storage; manage soil organic matter for soil carbon sequestration; manage and enhance soil fertility; promote integrated soil–crop–water management and integrated agroforestry and agrosilvopastoral systems; rehabilitate and sustainably manage dryland environments (e.g. managing grazing and livestock; rainwater harvesting; sand-dune reclamation; oasis management; drought management; and precision agriculture); and improve crop–water productivity and manage soil salinity in irrigated dryland agriculture.
The agricultural sector in Kenya comprises the following subsectors: industrial crops, food crops, horticulture, livestock, fisheries and forestry—and employs such factors of production as land, water and farmer institutions (cooperatives, associations). It is estimated that Kenya has an area of about 587,000 km2 out of which 11,000 km2 is water. Of the remaining 576,000 km2 landmass, only about 16 per cent is of high and medium agricultural potential with adequate and reliable rainfall. This potentially arable land is dominated by commercial agriculture with cropland occupying 31 per cent, grazing land 30 per cent, and forests 22 per cent. The rest of the land is used for game parks, urban centres, markets, homesteads and infrastructure. Arguably, the services provided by biodiversity cover a large spectrum of factors contributing to the generation of agricultural income: crop yield and quality, soil fertility, pest control and pollination.20 It is also worth pointing out that agricultural environments and landscapes constitute a reservoir of diversity in terms of the number of species and the number of functions useful for agriculture (pollination, recycling of organic matter, amongst others).
In 2008, Kenya launched Vision 2030, a long term development blue print for the country, with the goal of transforming Kenya into “a newly-industrialised, middle-income country providing a high quality of life to all its citizens in a clean and secure environment”. Agriculture is identified as a key sector to deliver the 10 per cent economic growth rate per annum envisaged under the economic pillar. As a result, the Development Blueprint leans heavily towards promotion of a commercially-oriented, and modern agricultural sector, which it plans to accomplish by institutional reforms in agriculture and livestock, increasing productivity of crops and livestock, introducing land use policies for better utilisation of high and medium potential lands, developing more irrigable areas in arid and semi-arid lands for both crops and livestock and improving market access for our smallholders through better supply chain management. This comes with its own fair share of challenges.
Agriculture has been termed as the largest contributor to biodiversity loss with expanding impacts due to changing consumption patterns and growing populations as it destroys biodiversity by converting natural habitats to intensely managed systems and by releasing pollutants, including greenhouses gases. Historically in Kenya, the colonialists used the law to appropriate all land and land-based resources from Africans and to vest them in the colonial masters. In addition, the law gave the colonial authorities powers to appropriate land held by indigenous people and allocate it to the settlers. The colonial authorities were, therefore, able to grant land rights to settlers in the highlands, while Africans were being driven and restricted to the native reserves. In the natives’ reserves, there was overcrowding, soil erosion, and poor sanitation, amongst many other problems. This colonial practice naturally led to massive loss of biodiversity in the country, with the Africans trying to maximize productivity in the small portions of land that they were allowed to control and cultivate for their own livelihoods.
Arguably, the African continent has never recovered from this and the negative effects on environment and biodiversity continue to manifest in present day land use and practices, especially in Kenya. Conflicts between local groups and other more powerful actors, including both state agencies and private sector investors, remain widespread across the sub-continent and are often intensifying with strong political economic incentives for political elites and central bureaucracies to consolidate their control over natural resources. In summary, some of the main challenges affecting efforts towards sustainable land management and land use are: land degradation, attributable to overgrazing; arable farming and conversion of arid and semi-arid lands to other uses; increasing population pressure; poverty; and climate change, among others. There a need for conscious efforts by all stakeholders in addressing these challenges.
*This article is an extract from the Article “Promoting Sustainable Land Use Practices and Agricultural Resources Management for Biodiversity Conservation” by Dr. Kariuki Muigua, PhD, Kenya’s ADR Practitioner of the Year 2021 (Nairobi Legal Awards), ADR Publisher of the Year 2021 and ADR Lifetime Achievement Award 2021 (CIArb Kenya). Dr. Kariuki Muigua is a foremost Environmental Law and Natural Resources Lawyer and Scholar, Sustainable Development Advocate and Conflict Management Expert in Kenya. Dr. Kariuki Muigua is a Senior Lecturer of Environmental Law and Dispute resolution at the University of Nairobi School of Law and The Center for Advanced Studies in Environmental Law and Policy (CASELAP). He has published numerous books and articles on Environmental Law, Environmental Justice Conflict Management, Alternative Dispute Resolution and Sustainable Development. Dr. Muigua is also a Chartered Arbitrator, an Accredited Mediator, the Africa Trustee of the Chartered Institute of Arbitrators and the Managing Partner of Kariuki Muigua & Co. Advocates. Dr. Muigua is recognized among the top 5 leading lawyers and dispute resolution experts in Kenya by the Chambers Global Guide 2022.
References
Muigua, K., “Promoting Sustainable Land Use Practices and Agricultural Resources Management for Biodiversity Conservation,” (KMCO, 2021) Available at: http://kmco.co.ke/wp-content/uploads/2021/11/Sustainable-Land-Use-and-Agricultural-Resources-Management-for-Biodiversity-Conservation-Kariuki-Muigua-November-2021.pdf (accessed on 05/04/2022).
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