Application of Forest Legislation on Sustainable Resource Utilization: A Case 0f Mt Elgon Region, Kenya

Abstract

Globally, sustainable resource use requires that appropriate laws and legislations be put in place so that maximum exploitation of the same is done systematically within the confines of the law. However, in Kenya, this is contrary. While official policies, institutional and legal issues confronting the forest sector exists, there is little information on the application of forest law on resource use and sustainability. In most instances, the application of the laws and legislations has always generated mixed reactions from the affected population despite the intention of the law being to strengthen the effective utilization of these resources. Occasionally it has always generated great resistance from the people who perceive the forest laws and policies as a hindrance to their access and use of resources as a livelihood. The main objective of the study therefore, was to look into the application of forest Legislation on Sustainable Resource Utilization in Kenya with Mt Elgon region. The specific objectives of the study were: Assess the relationship between the role of policies and institutions processes in application of law and sustainable resource utilization; To examine the indicators of application of law on Forest monitoring and Forest management practices for sustainable resource utilization; Examine the obstacles in application of law for sustainable resource use .And to explore what livelihoods strategies and policy strategies in the application of law for sustainable resource utilization. The study was guided by Sen’s Endowment, Entitlement Approach and Livelihoods. Theory by Chamber and Conway that certain indicators on the application of law are determinants of sustainable resource use with sustainability measured in terms of depletion, reforestation, and degradation. The target population was 1800 residents of three villages of; Chepkitale, Laboot and Taboo of Mount Elgon. The sample size of 84 respondents using Cronbach’s formula of Robert Crey, Daryle and Morgan. The household survey was used to collect data.FGDs, Interviews, and participant observations was part of data collection methods. Secondary data was collected from archives reports ,legal policies and legislations ,research projects carried out by NGOs in the study area and policy documents from MINEF and general literature.Data was analyzed using descriptive statistics of mean, variances, percentages and presented in form of tables and charts .The findings evidenced that 65.5% of the respondents mentioned that sustainability was determined by the application of forest law which had a great influence on sustainable resource use in the area. Finally, the study informed that if resources are not exploited wisely, they would soon be depleted leading to degradation of resource and thus affecting development.