Pastoralism within the cadastral system: Seasonal interactions and access agreements between pastoralists and non-pastoralists in Northern Kenya

Abstract

The imposition of exclusive statutory real property rights in or near pastoralists’ areas and their migration corridors permanently excludes and extinguishes pastoralist rights to mobility and access to required resources. Seasonal interactions with non-pastoralist land use actors often occur during pastoralist migrations between rangelands and highlands or dry season grazing areas. In an embedded case study in Northern Kenya, in which interviews based on semi-structured questionnaires were held with pastoralists and non-pastoralists, we investigated how non-pastoralist land use actors manage encounters with migrating pastoralists within the context of the Land Administration system. We found that the majority of non-pastoralist land use actors encounter migrating pastoralists during distinct periods. Most never allow herders access to privately owned land. A small proportion allow access and make temporary verbal or written access agreements containing provisions on grazing fees, grazing regulations and rules to protect private property. The majority of non-pastoralists are unwilling to have access arrangements formalized. We argue that land rights adjudication should identify and confer all existing land rights to all users to avoid obstruction or renegotiation for access, and recommend the inclusion of pastoralists’ access rights as real property rights in the Land Administration system.