Democratizing Eminent Domain in East Africa

The report examines the use of eminent domain to establish protected areas (PAs) in East Africa, highlighting how irregular land acquisitions and degazettement threaten biodiversity. It argues that PAs are only sustainable when established through transparent, inclusive, and accountable processes that respect private property rights and provide fair compensation.

• Protected areas in East Africa face significant threats from government degazettement, denotification, and land-use changes often driven by economic development or short-term political gains.
• In Kenya, the Moi regime used public land in protected areas as a patronage resource, resulting in at least 200,000 illegal land titles issued between 1962 and 2002, with 98 percent occurring between 1986 and 2002.
• The Ugandan government has targeted protected areas for commercial investment, including the proposed granting of 450 hectares in Queen Elizabeth National Park to Hima Cement for limestone extraction and potential degazettement of the Kaiso-Tonya Wildlife Reserve for oil infrastructure.
• Courts in East Africa have frequently ruled against the government on procedural grounds; for instance, the High Court of Tanzania has declared protected areas established through extra-legal means to be unconstitutional and null and void.
• Eminent domain procedures in Kenya, Tanzania, and Uganda are primarily executive government matters with limited public participation in the initial decision to expropriate land.
• Compensation practices vary by country: Uganda requires full payment before acquisition, while Kenya and Tanzania require prompt payment but not necessarily before possession. Tanzania's laws specifically exclude 'vacant ground' and only compensate for 'unexhausted improvements'.
• The report recommends that eminent domain be used as a last resort for conservation, only after rejecting alternative approaches like community-based wildlife management and exhausting voluntary relocation efforts.
• To prevent abuse and corruption, the authors advocate for institutionalized accountability measures, including free, prior, and informed consent (FPIC), parliamentary approval of decisions, and the establishment of an ombudsman.

APA

Manyindo, J., Odhiambo, M. O., Nshala, R., & Veit, P. G. (2008). Democratizing Eminent Domain in East Africa. World Resources Institute. https://wriorg.s3.amazonaws.com/s3fs-public/uploads/protected_areas_and_property_rights.pdf

Chicago

Manyindo, Jacob, Michael Ochieng’ Odhiambo, Rugemeleza Nshala, and Peter G. Veit. Democratizing Eminent Domain in East Africa. World Resources Institute, 2008. https://wriorg.s3.amazonaws.com/s3fs-public/uploads/protected_areas_and_property_rights.pdf.

Wikipedia

{{cite report |last1=Manyindo |first1=Jacob |last2=Odhiambo |first2=Michael Ochieng’ |last3=Nshala |first3=Rugemeleza |last4=Veit |first4=Peter G. |title=Democratizing Eminent Domain in East Africa |publisher=World Resources Institute |date=2008 |url=https://wriorg.s3.amazonaws.com/s3fs-public/uploads/protected_areas_and_property_rights.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{manyindo2008democratizing, author = {Manyindo, Jacob and Odhiambo, Michael Ochieng’ and Nshala, Rugemeleza and Veit, Peter G.}, title = {{Democratizing Eminent Domain in East Africa}}, institution = {World Resources Institute}, year = {2008}, url = {https://wriorg.s3.amazonaws.com/s3fs-public/uploads/protected_areas_and_property_rights.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }