State centrism, legal pluralism and management of water conflicts in Kenya

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Periodical article

Title:	State centrism, legal pluralism and management of water conflicts in Kenya
Author:	Mwangi, O.
Year:	2006
Periodical:	Lesotho Law Journal: A Journal of Law and Development
Volume:	16
Issue:	1
Pages:	75-99
Language:	English
Geographic term:	Kenya
Subjects:	water resources property rights conflict resolution legislation
Abstract:	This paper pays attention to the management of water conflicts in arid and semi-arid areas of Kenya, emphasis being on conflicts related to water rights. It examines the nature of the country's new water law, the Water Act No. 8 of 2002, with regard to the management of conflicts over water rights. The author argues that the Water Act is State-centred and ignores the reality of legal pluralism in Kenya, hence weakening its role in conflict management. By ignoring the existence of customary conflict management approaches that are part and parcel of communities living in arid and semi-arid areas of the country, the new water law is likely to be ineffective in managing conflicts over water rights. This negates an important aspect of legislation in any society, namely conflict management. The author concludes by offering recommendations on ways and means of reviewing the Act to take into account Kenya's legally pluralistic environment so that the role of the State in enforcing effective conflict management of water resources can be enhanced. Bibliogr., ref., sum. [Journal abstract]