Court nullifies Garissa’s Kamuthe Conservancy registration in landmark land rights ruling

The Environment and Land Court has revoked the licence and registration of Kamuthe Wildlife Conservancy in Garissa, ruling that its establishment was unconstitutional.

In a judgment delivered this week, the court found that the Kenya Wildlife Service (KWS) erred in issuing the licence without involving the local community. It stressed that public participation is a fundamental constitutional requirement, especially in matters concerning community land.

"The community members were not involved in public participation," the court noted, adding that no evidence had been presented to show that the people of Kamuthe were consulted before the conservancy was registered.

The court observed that the approval process failed to meet constitutional standards, as it excluded critical input from residents whose land rights and livelihoods were directly affected. It further held that decisions impacting community land cannot be imposed without the consent of the people concerned.

Consequently, the court declared the conservancy’s registration and licence invalid, stripping the organisation of its legal recognition.

The ruling is a significant affirmation of communities’ constitutional right to be involved in decisions on land use and conservation projects. It also serves as a warning to state agencies such as KWS to strictly uphold principles of public participation and community involvement when issuing licences on community land.

The decision is expected to carry far-reaching implications for other conservancy projects across Kenya.

Other Topics To Read

• Northern Kenya
• Garissa
• Public participation
• KWS
• Environment and Land Court
• Kamuthe Conservancy
• Conservancy registration
• Court nullifies Garissa’s Kamuthe Conservancy registration in landmark land rights ruling
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