THE TANA RIVER COUNTY LIVESTOCK GRAZING CONTROL ACT, 2017

AN ACT of the County Assembly to provide for the establishment of a legislative and institutional framework for the management and orderly use of grazing resources; to minimise conflict and maximise peaceful coexistence between the various land users, through planning, identification and documentation of the areas according to the
different types of land users in the county; to control the influx, movement and conflict brought by graziers from other counties and for connected purposes ENACTED by the County Assembly of Tana River, as follows-

PART I – PRELIMINARY

1. This Act may be cited as the Tana River County Livestock Grazing Control Act, 2017 and shall into force upon publication in the Gazette.

2.In this Act, unless otherwise requires—

“Board” means the Grazing Management Board established under Section 13 of this Act;

“building” means a structure or erection of any kind, whether permanent or temporary, movable or immovable and whether completed or not;

“cadastral maps” means a map or series of maps referred to under Section 15 of the Land Registration Act, 2012;

“cattle” includes bulls, cows, oxen, heifers and calves;

“Committee” means a Grazing Permit Committee established under Section 19 of this Act;

“community” means a clearly defined group of users of land on the basis of ethnicity, culture or similar community of interest as provided under Article 63(1) of the Constitution, which holds a set of clearly defined rights and obligations over land and land-based resources;

“County Executive Committee Member” means the County Executive Committee member for the time being responsible for Livestock;

“farming area” means an area where farming is practiced or an area identified, allocated and demarcated for farming purposes;

“grazing area” means an area identified and designated for grazing purposes in accordance with this Act;

“interest” means a right in or over land;

“livestock” means all domestic animals including cattle, camels, goats, sheep, pigs, donkeys, horses and includes other animals designated by the regulations as livestock for the purposes of all or part of this Act or the regulations;

“natural resources” means the physical non-human factors and components whether renewable or nonrenewable;

“Panel” means a Grazing Permit Appeals Panel appointed under Section 26 of this Act;

“registrar” means the means the Registrar of Grazing appointed under Section 36 of this Act; and

“Ward Community Assembly” means a Ward Community Assembly appointed under Section 15 of this Act

3. The object and purpose of this Act is to— 

a. address threats in grazing areas accruing from widespread migration of livestock of the County;

b. address and influx of migratory grazing, its exacerbation of resource-based conflicts and thespread of diseases;

c. tackle frequent and severe droughts coupled with overstocking and degradation of the environment;

d. deal with issues of tenure security in grazing areas;

e. identify grazing areas and designated this area for planned sustainable use;

f. promote the role of pastoral communities in the sustainable management of use of the grazing resources;

g. guarantee equal access to grazing resources to all members of the communities residing in the county including women and people with special needs;

h. establish process for the resolution of disputes internally, as well as cross-boundary disputes;
and

i. ameliorate opportunities to use and access improved technologies in the enhancement of the grazing resource use.

4. Whenever there is a conflict— 

a. between this Act and national legislation, Article 191 of the Constitution shall prevail;

b. between this Act and a legislation of another county, the provisions of this Act shall prevail;

c. between this Act and another legislation of Tana River County, the provisions of this Act shall prevail.

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