A legal dispute has erupted between US tech giants Netflix and Meta and the Maasai community in Kenya over a contentious land agreement tied to a major carbon offset initiative.
The row centres on the Northern Kenya Rangelands Carbon Project, which spans 4.7 million acres of communal land traditionally used by Maasai and other Indigenous pastoralists. The project, launched in 2012, aims to capture and store carbon through improved land and livestock management, generating carbon credits sold to global corporations such as Meta—owner of Facebook and WhatsApp—and streaming platform Netflix.
Under the original agreement, local herders were promised a share of the revenue from the sale of these credits. However, tensions have since emerged over restrictions imposed on grazing and farming practices. Conservationists argue that traditional grazing methods hinder carbon sequestration efforts, which are crucial to meeting global climate goals. In contrast, the Maasai say they were not adequately informed about the implications of the project and claim that their livelihoods are now under threat.
The Wall Street Journal reports that operations under the carbon scheme have been halted amid the legal wrangling, raising questions about the legitimacy of credits already sold to corporate buyers. The dispute, currently under review in Kenyan courts, could set a precedent for future climate finance projects involving Indigenous lands.
Some herders have accused project organisers of misleading them into signing up for conservation practices that now limit their access to ancestral grazing grounds. While proponents of the project call for rotational grazing to enhance soil carbon storage, many pastoralists say such measures disregard centuries-old practices that have coexisted with nature.
The legal outcome could have far-reaching consequences for global tech firms increasingly reliant on carbon offsets to mitigate the environmental impact of their energy-intensive operations, especially data centres that consume vast amounts of electricity and water. Although the carbon offset programme has garnered support from conservation groups and corporate backers eager to meet net-zero targets, critics argue that it commodifies Indigenous lands in pursuit of commercial environmental gains.