Northern Rangelands Trust loses conservancies in landmark ruling
Camels graze in one of Northern Kenya Rangelands' carbon project conservancies. Judges have blocked the organisation's operations in two wards in Isiolo County.
What you need to know:
- The court issued several orders, including a permanent injunction prohibiting NRT and its partners from conducting any conservancy operations, including recruitment and deployment of rangers, in the affected areas.
The Environment and Land Court had ruled that the establishment of conservancies by the Northern Rangelands Trust (NRT) in Cherab and Chari wards in Isiolo County was unconstitutional, dealing a significant blow to one of Kenya's largest conservation organisations.
In a landmark judgement delivered on January 24 that could have far-reaching implications for wildlife conservation in Kenya, a three-judge-bench found that NRT and its partners had established and operated wildlife conservancies on unregistered community land without proper public participation and in violation of constitutional principles governing land rights.
Justices Oscar Angote, Charles Yano and Christopher Nzili said there was no evidence that Isiolo County government and the Ministry of Lands facilitated public participation relating to the nature, extent, benefits and impacts of the establishment and running of wildlife community conservancies in unregistered community lands in Cherab and Chari wards.
The judges added that there were no records showing meetings, press conferences, gazzetment, briefing of village baraza and structured questionnaires concerning wildlife community conservancies in community land before October 2021 when the petition was filed.
“Additionally, there has been no disclosure of any approvals from relevant bodies authorising the First Respondent to establish a conservancy,” said the judges.
The case was filed by Abdirahman Osman and 164 other residents of Merti Sub-county who challenged the legality of conservancies established by NRT.
The residents argued that the organisation had bypassed legal requirements and ignored the rights of local pastoral communities, who traditionally use the land for grazing and cultural practices.
Several orders
The judges agreed with the residents that the county government and the Lands ministry are statutorily mandated to facilitate the registration of the community land in Chari and Cherap.
The court issued several orders, including a permanent injunction prohibiting NRT and its partners from conducting any conservancy operations, including recruitment and deployment of rangers, in the affected areas.
The judges also directed the Kenya Wildlife Service (KWS) to revoke any licences granted to NRT related to the establishment and management of community conservancies within the disputed areas.
“An order is hereby issued directing the 7th Respondent (KWS) to revoke any and all licenses, and authorities that may have been granted to the 1st, 3rd , 4th, 5th and 6th Respondents related to the establishment and management of community conservancies within Cherab and Chari wards, Merti sub-county,” said the judges.
Northern Rangelands Trust, established in 2004, has grown to become one of the most influential conservation organisations in Kenya, managing a network of 43 community conservancies covering approximately 42,000 square kilometers of land across northern and coastal Kenya.
The organisation's model, which combines wildlife conservation with community development, has attracted significant international funding and support.
However, the organisation's rapid expansion and methods have faced growing criticism from local communities and human rights organisations.
The judgement highlighted several critical issues, including the deployment of armed rangers without proper legal authority and the establishment of conservancies without adequate consultation with local communities.
"The existence and operation of armed rangers in the conservancies under the management of the Northern Rangelands Trust are illegal and unconstitutional," the court stated, noting that NRT had failed to provide evidence of compliance with the National Police Service Act and Wildlife Conservation and Management Act.
The court particularly found the organisation's approach to community land rights troubling. While NRT argued that its operations were based on legitimate community decisions, the judges determined that the organisation had circumvented proper legal procedures and ignored the constitutional requirement for public participation in decisions affecting community land.
The ruling emphasised that under Kenya's Constitution and the Community Land Act of 2016, unregistered community land is held in trust by county governments on behalf of communities. Any significant decisions regarding such land require extensive public participation and proper legal procedures.
The court ordered Isiolo County to coordinate with the Ministry of Lands and facilitate the registration of community land in the affected areas, addressing a key concern raised by the petitioners about the delayed registration of their traditional lands.
The ruling comes at a time of increased scrutiny of conservation models in Africa.
While community conservancies have been promoted as a way to combine wildlife protection with local development, critics argue that some models have led to the displacement of traditional land users and the militarisation of conservation.
NRT's approach has been particularly controversial due to its use of armed rangers and its significant influence over vast territories in northern Kenya. The organisation has maintained that its rangers operate under the National Police Reservist framework and that its conservancy model benefits local communities through tourism revenue and development projects.
However, the court found no evidence that NRT's rangers were properly registered or supervised under national security frameworks, raising concerns about the privatisation of security in conservation areas.
The judgement could have implications beyond Isiolo County, potentially affecting how conservation organisations operate on community lands across Kenya. It emphasises the need for conservation efforts to align with constitutional principles and respect community land rights.
NRT has not yet announced whether it will appeal the decision. The court's decision has been welcomed by land rights activists, who have long argued for stronger protection of community land rights in conservation efforts.
"This decision is a crucial victory for communities on the frontline of the climate crisis, rejecting the harmful exploitation of already marginalised people under the guise of climate solutions - carbon offset projects that displace communities, violate land rights and damage ecosystems while doing nothing to address the real impacts of climate change. The judgement sets an important precedent for ensuring that climate action is truly just and equitable. It will ensure that real climate solutions prioritise both environmental sustainability, cutting emissions and protecting the rights of those most affected," said Amos Wemanya, the Responsive Campaigns lead at GreenPeace Africa.
However, some conservation experts worry that the judgement could complicate efforts to protect wildlife in critical ecosystems where traditional conservation models have struggled to succeed.
