Tana River County Livestock Grazing Control Act, 2017 (No. 10 of 2017).

This Act establishes the Grazing Management Board for the Tana River District Livestock Grazing Management and Control Fund and provides for rules regarding the grazing of livestock in the District and the resolution of disputes regarding grazing. under this Act in relation to grazing. The object and purpose of this Act is to, among other things - address threats in grazing areas accruing from widespread migration of livestock of the County; address and influx of migratory grazing, its exacerbation of resource-based conflicts and the spread of diseases; tackle frequent and severe droughts coupled with overstocking and degradation of the environment; deal with issues of tenure security in grazing areas; identify grazing areas and designated this area for planned sustainable use; promote the role of pastoral communities in the sustainable management of use of the grazing resources; guarantee equal access to grazing resources to all members of the communities residing in the county including women and people with special needs. Whenever there is a conflict between this Act and national legislation, Article 191 of the Constitution shall prevail. In the performance of the functions and exercise of powers under this Act, every person dealing with land shall be guided by the principles of the land policy set out in Article 60 of the Constitution; the national values and principles of governance set out in Article 10 of the Constitution.
The Act requires a Ward Community Assembly and a Grazing Permit Committee and a Grazing Permit Establishment of Grazing Permit Appeals Panel to be established in respect of each ward. The object and the purpose of the Fund shall be to provide funds to be used for running the activities of the various entities established.
The management of grazing areas shall be subject to national and county government laws and policies relating to fishing, hunting and gathering, protection of animals and wildlife, water protection, forestry, etc. The Board may make rules and regulations for the sustainable resource conservation of land based natural resources within the grazing areas, including, among other things, measures to facilitate the access, use and co-management of forests, water and other resources by communities who have customary rights to these resources. Nothing in this Act shall be construed in any way to diminish or impair the right to the possession and use of water for mining, agriculture, manufacture, or other purpose which has heretofore vested or accrued under existing law validly affecting the lands or which may be hereafter initiated or acquired and maintained in accordance with the law. Overriding interests in grazing areas shall include certain water and land rights.
Private land may not be used for grazing unless the owner of the parcel of land consents to such use. Certain (protected) areas shall not be converted to grazing areas.