The Indigenous World 2025: Kenya
The peoples who identify with the Indigenous movement in Kenya are mainly pastoralists and hunter-gatherers, as well as some fisher peoples and small farming communities. Pastoralists are estimated to comprise 25% of the national population, while the largest individual community of hunter-gatherers numbers approximately 79,000.
Pastoralists mostly occupy the arid and semi-arid lands (ASALs) of Northern Kenya and towards the border between Kenya and Tanzania in the south. Hunter-gatherers include the Ogiek, Sengwer, Yiaku, Waata and Awer (Boni) while pastoralists include the Turkana, Rendille, Borana, Maasai, Samburu, Ilchamus, Somali, Gabra, Pokot, Endorois and others. They all face land and resource tenure insecurity, poor service delivery, poor political representation, discrimination and exclusion. Their situation seems to get worse each year, with increasing competition for resources in their areas.
Kenya’s Indigenous women are confronted by multifaceted social, cultural, economic and political constraints and challenges. Firstly, by belonging to minority and marginalized peoples nationally and, secondly, through internal social and cultural prejudices. These prejudices have continued to deny Indigenous women equal opportunities to overcome high illiteracy and poverty levels. It has also prevented them from having a voice to inform and influence cultural and political governance and development policies and processes due to unequal power relations at both local and national levels.
Kenya has ratified the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and the Convention on the Rights of the Child (CRC) but not the UN Declaration on the Rights of Indigenous Peoples (UNDRIP) or ILO Convention 169.
Chapter Four of the Kenyan Constitution contains a progressive Bill of Rights that makes international law a key component of the laws of Kenya and guarantees protection of minorities and marginalized groups. Under Articles 33, 34, 35 and 36, freedom of expression, the media, and access to information and association are guaranteed. However, the principle of Free, Prior and Informed Consent (FPIC) remains a challenge for Indigenous Peoples in Kenya although the Constitution does guarantee the participation of the people.[1]
Kenya’s prevailing economic situation is in an intractable crisis. It is a profound indictment of the status quo that a disproportionate number of Indigenous communities continue to bear the burden of crisis after crisis evidenced through impacts of climate change, insecurity and apparent food insecurity.
Despite some shifts in rhetoric, however, climate financing projects targeted at most Indigenous Peoples’ landscapes are seemingly failing to bridge the inequality gap and are, in most cases, coordinated by elites.
On the other hand, despite concerted efforts to secure the collective land rights of communities, disruptive actions such as the Ogiek community eviction are a glaring reminder that we are far from securing human rights and, particularly, tenure rights for most Indigenous communities in Kenya.
This article is part of the 39th edition of The Indigenous World, a yearly overview produced by IWGIA that serves to document and report on the developments Indigenous Peoples have experienced. The photo above is of an Indigenous activist Funa-ay Claver, a Bontok Igorot, standing alongside Indigenous youth activists and others. They are protesting against the repressive laws and human rights violations suffered through the actions and projects of the Government of the Philippines and other actors against Indigenous Peoples at President Marcos Jr’s national address on 22 July 2024 in Quezon City, Philippines. The photo was taken by Katribu Kalipunan ng Katutubong Mamamayan ng Pilipinas and is the cover of The Indigenous World 2025 where this article is featured. Find The Indigenous World 2025 in full here
Legislative changes
A number of bills with potential impacts on the rights and livelihoods of Indigenous Peoples were proposed and debated in 2024.
The Climate Change (Carbon Markets) Regulations 2024
The 2024 Carbon Market Regulations[2] codify the Core Carbon Principles (CCPs) in several ways, establishing a legal framework for carbon market operations in Kenya. These regulations set specific requirements that all carbon projects must meet, providing a basis for the invalidation of non-compliant projects. The principles enable litigants to formulate causes of action against project proponents who fail to adhere to the set standards.
As carbon project implementation gains traction in Kenya, the effectiveness of these regulations will be tested. The primary objective of the regulatory framework is to facilitate the country’s transition to a low-carbon economy while ensuring compliance with its international climate commitments. To this end, every carbon project is required to undergo an environmental and social impact assessment that aligns with sector-specific standards and safeguards. Before commencing operations, each project must be certified to international standards by a recognized body, validated by an independent auditor, and subsequently verified for compliance with the Act and Regulations.
A key aspect of the regulations is the requirement for social contributions from carbon projects. Specifically, land-based projects must allocate 40% of their earnings toward community development while non-land-based projects must contribute 25% to community development and an additional 25% to the Climate Change Fund.
However, private carbon projects on private land are exempt from the annual social contribution requirement.
The management and distribution of community benefits are overseen by a Community Project Development Committee, as outlined in the Community Development Agreement.
The regulations have received mixed reactions, particularly among Indigenous and pastoralist communities in Northern Kenya. While they present economic opportunities through carbon projects, they also require communities to potentially sacrifice traditional livelihoods, land-use practices, and cultural heritage. Concerns persist regarding Free, Prior, and Informed Consent (FPIC) and the undefined opportunity cost for communities engaging in these projects, specifically the uncertainty of what communities lose in terms of grazing land, cultural identity and livelihood when they commit to these projects.
Kenya Wildlife Conservation and Management (Amendment) Bill 2024
Although, the Kenya Wildlife Conservation and Management (Amendment) Bill 2024[3] is still being debated in Parliament, this bill proposes significant changes aimed at enhancing wildlife conservation while addressing the needs of pastoralist communities. These reforms are part of Kenya's broader strategy to balance biodiversity preservation with sustainable livelihoods, particularly in arid and semi-arid regions where pastoralism is a dominant livelihood strategy. The reforms emphasize greater involvement of local communities, including pastoralists, in wildlife conservation efforts. This includes the establishment of Community Wildlife Conservation Committees at the county level, which are tasked with decision-making and benefit-sharing mechanisms. These committees aim to ensure that pastoralists have a voice in conservation planning and resource allocation.
However, the reforms support the expansion of community-based conservancies (CBCs), requiring pastoralists to set aside land for wildlife conservation in exchange for economic benefits such as tourism revenue and employment opportunities. This drive has led to land fragmentation and restricted access to grazing areas, which can negatively impact pastoral livelihoods. It is apparent that the objective is to increase conservation areas for carbon markets, significantly undermining pastoralism and exacerbating land access challenges and conflict over resources.
Environment Laws (Amendment) Bill 2024
The Environment Laws (Amendment) Bill[4] proposes banning grazing in public forests to safeguard forest ecosystems and support reforestation initiatives. This ban will be enforced through participatory Forest Management Plans (FMPs) and Forest Management Agreements (FMAs) with registered Community Forest Associations (CFAs). Only CFAs engaged in sustainable forest management activities will be permitted controlled access. The impending implication is that pastoralist and forest-dependent Indigenous communities, who depend on forested areas for dry-season grazing, may face challenges due to restricted access. This could lead to increased pressure on already limited grazing lands, potentially escalating human-wildlife conflicts as livestock encroach on wildlife habitats.
Livestock Protection and Sustainability Bill 2024
The proposed Livestock Protection and Sustainability Bill[5] represents a significant shift in livestock regulation, presenting both opportunities and challenges for the industry. At its core, the legislation aims to modernize the livestock sector through standardized grading and certification systems, with a clear focus on enhancing market competitiveness both domestically and internationally.
The bill's emphasis on commercialization and export-oriented growth could reshape the industry's structure. While this might create new market opportunities and potentially increase revenue for the sector as a whole, it raises serious concerns about the future of traditional pastoral practices. The tension between modernization and traditional practices emerges as a central issue, potentially threatening not just pastoralists’ economic livelihoods but also their cultural heritage and traditional knowledge systems.
Regional forums and advocacy
National Pastoralists Conference
The inaugural National Pastoralists Conference 2024[6] brought together key stakeholders to address the pressing challenges facing pastoralist communities, including climate change, drought, resource conflicts, and economic marginalization. Organized from 6-8 November by the Kenya School of Government (KSG), in collaboration with the State Department for ASALs and Regional Development, the Council of Governors, and development partners in Isiolo County, the conference emphasized shifting from relief dependency to enhancing resilience and productivity in ASAL regions. Key recommendations focused on policy coordination, resource sharing, livestock marketing, and capacity building, aiming to transform pastoralism into a driver of economic growth. The event concluded with a communiqué outlining action plans for sustainable interventions, reinforcing the commitment of national and county governments, private sector players, and civil society to securing a more prosperous future for pastoral communities.[7]
The Kenya Mining Investment Conference and Exhibition
The Kenya Mining Investment Conference and Exhibition[8] was held from 26-27 November 2024 with the strategic partnership of the National Mining Corporation, Base Titanium and development partners in Nairobi. The forum focused on the theme of “Exploring the Role of Critical Minerals in Strengthening Foundations and Unlocking Business Opportunities for a Sustainable Future”.
Indigenous communities play a crucial role in Kenya’s mining sector, particularly through artisanal mining, which provides livelihoods for many. Recognizing their contributions, the government decriminalized artisanal mining in 2023, enabling miners to operate legally and organize into marketing cooperatives. This move aimed to enhance economic opportunities and improve resource governance within the sector.
However, despite these formalization efforts, significant challenges remain. Existing frameworks are insufficient in ensuring that Indigenous communities equitably benefit from mining activities. Issues such as inadequate compensation, forced relocations, and contested land ownership continue to plague affected communities. These injustices highlight structural weaknesses in Kenya’s mining governance, where corporations often exploit legal loopholes or weak enforcement mechanisms to evade full accountability.
A key concern is the lack of transparent and equitable benefit-sharing mechanisms. While compensation is a crucial aspect of mining agreements, it is often inadequate or inconsistently applied, failing to address long-term socio-economic and environmental impacts. With the expanded investment space, it is only clear that these challenges will continue to persist.
There is a growing demand for mining firms to go beyond one-time compensation and actively invest in sustainable community development, such as infrastructure, education, and environmental rehabilitation. Strengthening regulatory oversight, ensuring community participation in decision-making, and enforcing corporate accountability are essential steps toward achieving a more just and sustainable mining sector in Kenya.[9]
Litigation
Murusi & 17 others v County Government of Marsabit & 3 others; National Land Commission & another (Interested Parties) [2024]
Kenyan courts continued to serve as pivotal arenas for land rights advocacy. The ruling delivered by the Environment and Land Court in Isiolo in the case of Murusi & 17 others v County Government of Marsabit & 3 others; National Land Commission & another (Interested Parties) [2024] KEELC 5374 (KLR)[10] reaffirmed the communities' land rights.
The dispute arose when representatives of the Rendille community challenged the County Government of Marsabit, the Chief of Kenya Defence Forces, and the Ministry of Defence over their allocation of approximately 2,500 hectares of Karare–Songa land to the Kenya Defence Forces (KDF) without consulting the Indigenous communities who had traditionally occupied and utilized the land. The petitioners argued that the allocation violated their constitutional rights to land and failed to adhere to the legal requirement of land acquisition, thus further marginalizing them. This case, also referred to as the Mohamud Iltarakwa Kochale & 5 others v Lake Turkana Wind Power Ltd & 4 others; Aaron Iltele Lesianntam & 4 others (Interested Parties) [2021] KEELC 1441 (KLR)[11] case, underscored the irregular acquisition of 150,000 acres of the same communities’ land, among others, reaffirming that such continued forcible acquisitions would inevitably render the community destitute.
The court ruled in favour of the petitioners, ordering the KDF to vacate the 2,500 hectares of land and also awarding the community damages amounting to Ksh. 30 million (approximately USD 231,000) following the illegality. This ruling sets a fundamental precedent, reinforcing the procedural requirements in compulsory purchases, the recognition of constitutional rights and, particularly, the principle of meaningful participation of Indigenous communities.
Ogiek case follow-up in Tanzania
In November 2024, the African Court on Human and Peoples’ Rights in Arusha, Tanzania, reviewed the implementation of the African Court’s landmark judgement during a compliance hearing. During the compliance hearing, the Republic of Kenya was granted a period of 90 days, commencing 12 November 2024, to file its report on the steps taken to implement the Court’s decisions in this Application on the merits as well as on reparations.[12]
One of the major concerns remains the slow and difficult process of restoring Ogiek lands. Government inaction and bureaucratic hurdles further delayed the official demarcation and restitution process, leaving many Ogiek families in a state of uncertainty.[13] Moreover, the Kenyan government continues to justify restrictions on Ogiek land access by citing conservation efforts, despite the court’s recognition of the Ogiek’s sustainable coexistence with the forest ecosystem.
It remains apparent that the Ogiek’s struggle for justice is far from over as it is now further compounded by expanding carbon markets interest in the region.
Politically motivated protests and youth activism
2024 was marked by widespread protests, largely driven by young people across Kenya. Central issues included governance failures, economic inequality, and unemployment. Political discontent reached its peak amid allegations of corruption, mismanagement, and inequitable resource distribution at both national and county levels. Empowered by social media, youth activists mobilized under the hashtag #FixKenyaNow, demanding greater government transparency and economic reforms. Their calls for accountability centred on the misallocation of public funds, the need for budget audits, and fairer economic policies. While the protests were largely concentrated in big urban centres, they also gained traction in Indigenous communities’ regions, with demonstrations emerging in towns across Samburu, Laikipia, Isiolo, and Turkana counties.
Beyond governance concerns, economic grievances played a crucial role in fuelling youth-led demonstrations. Rising unemployment, soaring inflation, and shrinking opportunities left many young people disillusioned, particularly university graduates who saw little hope of meaningful employment. For Indigenous Peoples, these economic hardships were compounded by historical land injustices, forced evictions, and resource exploitation in the name of development and conservation.
The government’s heavy-handed response, including arrests and internet shutdowns, drew criticism from human rights organizations, highlighting the ongoing struggle for democratic governance.
The movement has expanded its scope beyond its original economic focus, now recognizing profound historical parallels with the struggles of Indigenous Peoples. These parallels are especially evident in issues of land dispossession and forced displacement, which can be traced back to the post-colonial era. This shift is underscored by the growing attention to ongoing conservation-related violations, the true cost of conservation affecting Indigenous communities that persists to this day both in the mainstream and alternative media.
Conclusion
Kenya’s governance and legislative landscape in 2024 showcased a mix of progress and enduring challenges. Indigenous communities are increasingly vocal in asserting their rights, navigating a dynamic socio-political environment. Indigenous youth, in particular, are emerging as key actors in activism, advocating for their rights, challenging poor governance, and demanding greater autonomy in the management of their natural resources. Their active participation in the decades-long struggle for justice and equity is a promising development. As Kenya continues to evolve, addressing existing disparities and fostering inclusive policies will be essential to building a more equitable and resilient society.
Mali Ole Kaunga is a Laikipiak Maasai and an Indigenous Peoples’ expert with a key interest in land rights, the impact of investments/business on Indigenous Peoples, and collective action/movement building and capacity building around natural resources. He is the founder and Director of IMPACT (Indigenous Movement for Peace Advancement and Conflict Transformation – www.impactkenya.org), Convenor of PARAAN (Pastoralist Alliance for Resilience and Adaptation Across Nations), and Senior Adviser to the research team for Shared Lands ( https://shared-lands.com). He is also the Co-convenor of the Alliance for Indigenous Peoples and Local Communities for Conservation in Africa (https://aica-africa.org).
This article is part of the 39th edition of The Indigenous World, a yearly overview produced by IWGIA that serves to document and report on the developments Indigenous Peoples have experienced. The photo above is of an Indigenous activist Funa-ay Claver, a Bontok Igorot, standing alongside Indigenous youth activists and others. They are protesting against the repressive laws and human rights violations suffered through the actions and projects of the Government of the Philippines and other actors against Indigenous Peoples at President Marcos Jr’s national address on 22 July 2024 in Quezon City, Philippines. The photo was taken by Katribu Kalipunan ng Katutubong Mamamayan ng Pilipinas and is the cover of The Indigenous World 2025 where this article is featured. Find The Indigenous World 2025 in full here
Notes and references
[1] Nyanjom, Othieno “Re-marginalising the pastoralists of Kenya’s Asals.” African Study Monographs No 50, pp. 43-72, October 2014. https://www.researchgate.net/publication/280572964_Remarginalising_the_Pastoralists_of_Kenya%27s_ASALs_the_hidden_curse_of_national_growth_and_development
[2] Republic of Kenya. The Climate Change (Amendment) Bill, 2023. 19 July 2023. http://www.parliament.go.ke/sites/default/files/2023-08/THE%20CLIMATE%20CHANGE%20%28AMENDMENT%29%20BILL%2C%202023.pdf
[3] Republic of Kenya. The Wildlife and Conservation (Amendment) Bill, 2023. 10 October 2023. http://www.parliament.go.ke/sites/default/files/2024-02/The%20Wildlife%20Conservation%20and%20Management%20%28Amendment%29%20Bill%2C%20No.%2046%20of%202023.pdf
[4] Republic of Kenya. The Environment Laws (Amendment) Bill, 2024. 12 April 2024. http://www.parliament.go.ke/sites/default/files/2024-09/The%20Environment%20Laws%20(Amendment)%20Bill,%20No.23%20of%202024.pdf.
[5] Republic of Kenya. The Livestock Protection and Sustainability Bill, 2024. 31 May 2024. http://www.parliament.go.ke/sites/default/files/2024-08/32.%20The%20%20Livestock%20Protection%20and%20Sustainability%20Bill%2CNo.32%20of%202024.pdf
[6] National Pastoralists Conference. https://npc.co.ke/
[7] National Pastoralists Conference. “Innovative Solutions and Sustainable Pathways for Building Resilient Pastoral Systems in Kenya.” 6-8 November 2024. https://npc.co.ke/#:~:text=Develop%20strategies%20to%20end%20drought,climate%20resilience%20through%20livelihood%20diversification.&text=Review%20of%20county%20government%20structures,service%20delivery%20in%20pastoral%20counties.
[8] NAMICO, National Mining Corporation. Kenya Mining Investment Conference and Exhibition 26027, Nov. 2024. https://www.nmckenya.go.ke/kenya-mining-investment-conference-and-exhibition-26-27-nov-2024
[9] Government Advertising Agency. “Kenya hosts historic mining investment conference, set to boost sector visibility.” 21 May 2024. https://mygov.go.ke/kenya-hosts-historic-mining-investment-conference-set-boost-sector-visibility
[10] Kenya Law. Murusi & 17 others v County Government of Marsabit & 3 others; National Land Commission & another (Interested Parties) (Environment & Land Petition 007 of 2021) [2024] KEELC 5541 (KLR) (19 July 2024) (Ruling). //new.kenyalaw.org/akn/ke/judgment/keelc/2024/5541/eng@2024-07-19">https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/5541/eng@2024-07-19
[11] Kenya Law. Mohamud Iltarakwa Kochale & 5 others v Lake Turkana Wind Power Ltd & 4 others; Aaron Iltele Lesianntam & 4 others (Interested Parties) [2021] KEELC 1441 (KLR). 19 October 2021. //new.kenyalaw.org/akn/ke/judgment/keelc/2021/1441/eng@2021-10-19">https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/1441/eng@2021-10-19
[12] African Court on Human and Peoples’ Rights. The Matter of African Commission on Human and Peoples’ Rights v. Republic of Kenya. 12 November 2024. https://www.african-court.org/cpmt/storage/app/uploads/public/679/a06/9b2/679a069b22c1e375799836.pdf
[13] Koech, B.C. and Simiyu, R. (2023) ‘Challenges and Opportunities Resulting from Mau Forest Evictions of Ogiek Community, Kenya’, African Journal of Empirical Research, 4(2), pp. 304–314.
Tags: Youth, Climate, Conservation
