Collective Land Access Regimes in Pastoralist Societies: Lessons from East African Countries

A large majority of land held under collective tenure regimes in East Africa is located in areas characterised by arid and semi-arid conditions such as high temperatures and low rainfall. These lands occupy vast territories and are mainly inhabited by pastoral communities who practise extensive livestock production systems that are well-suited to these conditions. Collective land tenure systems not only facilitate this type of livestock keeping, they also play a key role in determining the social, economic and political status of pastoral communities. This study examines the evolution of collective land tenure regimes in East Africa including how they affect pastoral communities living on these lands. Specifically, we attempt to identify the drivers and impacts of changes in collective land access since the 1900s. We begin by synthesising regional evidence on East Africa’s pastoral communities before examining changes in collective land tenure regimes in Kenya using existing literature, secondary data and primary data collected in nine communities. In order to isolate the drivers and consequences of change, we focus on three types of collective land tenure regimes, namely un-adjudicated communal lands and two types of group ranches - those that are intact and those that have been subdivided. We then present data collected from three communities operating each land tenure regime so as to provide representative evidence of the Kenyan case. Based on this evidence, we analyse the changes in these land tenure regimes across four periods from the colonial era to post-independence, through the structural adjustment period to present day, and provide a discussion around the drivers and effects on pastoral communities and their livelihoods. We develop five hypotheses about the key drivers of change in collective land access regimes relating to social, economic, demographic, urbanisation and market conditions. Following the works of Collier (2011), Bennett (2010) and van Evra (1997), we use the theory testing process tracing method to test these hypotheses using data collected on in nine Kenyan communities and evaluate whether these cases provide sufficient evidence to affirm or reject these hypotheses.