Introduction:
Located approximately 40 kilometers southeast of Garissa town along the Garissa-Lamu Road, Kamuthe is a thriving community of pastoralists and farmers, with a population of 8,661. Situated within Garissa County, this community has, for generations, resided on land that, legally, was not recognized as their own. Under the colonial-era trust land arrangement, the local government held the land on their behalf, which significantly limited their authority over their ancestral territory and hindered their development opportunities.
The Constitution of Kenya 2010, specifically Article 63, which recognizes community land as a distinct form of ownership, defines community land to include land held under customary law, ancestral lands, land lawfully registered in the name of group representatives, and any other land identified as community land by legislation.
In 2021, the community embarked on a transformative journey to secure their land rights under the Community Land Act of 2016. Their vision was to transition from trust land to community land, giving them true ownership and control over their heritage. The Community land Act provides a legal framework for community participation in decision-making processes regarding land use, ensuring that the land is used sustainably for agriculture, grazing, conservation, and other development purposes, while also safeguarding the interests of current and future generations.
Before embarking on the registration process, Kamuthe residents faced a series of interconnected challenges that threatened their way of life and relationship with their ancestral lands. Uncontrolled migration and encroachment steadily eroded their territorial boundaries, while valuable natural resources, including medicinal plants with deep cultural significance, suffered from inadequate preservation efforts. The absence of formal land security left the community vulnerable, creating an environment where external actors could exploit their resources with impunity.
The community existed in a state of information asymmetry regarding potential compensation for resource extraction, effectively excluding them from economic benefits derived from their own land. Meanwhile, outsiders conducted illegal mining operations that damaged the landscape, and private investors from distant regions engaged in systematic land grabbing that diminished the community's holdings. These pressures were exacerbated by recurring conflicts over increasingly scarce water and pasture resources, creating cycles of tension that threatened community cohesion and sustainability.
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