NSTC - C1 - National Forestry Conservation and Management Bill (Draft)

The National Forestry ( Conservation and Management) Bill, 2012
ARRANGEMENT OF CLAUSES
PART I- PRELIMINARY
1. Citation and Commencement
2. Interpretation
3. Purpose of the Act
4. Application of the Act
5. Guiding Principles
PART II- CLASSIFICATION AND MANAGEMENT OF FORESTS

6. Classification of Forests
7. National Forest Management Guidelines
8. Forest Code
9. Ecosystem Management Plan
10. Forest Management Plan
11. Roles and Functions of Department
12. Establishment of the Office of the Regulator
13 Establishment of Kenya Forest Service
14. Composition of the Board
15. Selection of the Chairperson
16. Functions of Kenya Forest Service
17. Powers of the Board
18. Conduct of the Business and Affairs of the Board
19. Remuneration and Allowances of Board Members
20. The Director- General of the Service
21. Functions of the Director General
22. Staff of the Service
23. Uniformed and Disciplined Staff
24. Public Access to Information
PART III- MANAGEMENT AND USE OF PUBLIC FORESTS

25. Management of Public Forests to vest in the Service
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26. Preparation of Forest Management Plans

27. Approval of the Management Plans
28. Community Forests Associations
29. Functions of Forest Associations
30. Community Participation in Forest Management of Public Land
31. Termination, Variation of a Management Agreement
32. Customary Rights in Public Forests
33. Declaration of Forests and Protected Areas
34. Declaration of Nature Reserves
35. Revocation of Forests on Public Land
PART IV- MANAGEMENT AND USE OF COMMUNITY FORESTS

36. Management of Community Forest to vest in the Community
37. State Organs to Recognize Rights of Communities
38. Purpose of Managing Community Forests
39. Management of Community Forests
40. Utilization of Community Forests
41. County Forest Department
42. Establishment of Forest Conservation Committees
43. Functions of Forest Conservation Committees
44 Declaration of Provisional Forests
45. Establishment of Urban Parks, Arboreta, Amenity Belts and Green Belts
PART V- MANAGEMENT OF PRIVATE FORESTS

46. Management of Forests and Forest Resources on Private Land
47. Utilization of Forest on Private Land
48. Proceeds from Sale of Private Forest Produce and Services.
49. Donations and Bouquets
PART VI- LICENSES

50. Basic Provisions
51. Types of Licenses
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52. Standard Qualifications for Application for License

53. Concessions
54. Timber Sales Contract
55. Special Use Licenses
56. Forest Permits for Use by Communities
57. Permits for Non Use Consumption
58. Reporting on Operations
59. Suspension, Cancelation or Termination of License
60. Assignment and Transfer of License
61. Appeal
PART VII- TRADE IN FOREST PRODUCE

62. Chain in Custody
63. Grading and Marking of Timber and Other Forest Products
64. Prohibition on Restricted Forest Produce
PART VIII- FOREST FEES

65. Forest Fees
66. Payment of Fees in Designated Account
67. Review of Fees
68. Annual Compliance Audit Review and Disclosure
69. Benefit Sharing
PART IX
FOREST PROTECTION
70. Prohibition against Fire
71. Forest Pests and Disease Control
72. Protected Species
73. National Tree Planting Week
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PART X
INCENTIVES FOR INCREASING TREE COVER
74. Purpose of this Part
75. Cabinet Secretary to Establish Framework for Incentives
76 Department to Establish National Community Forestry Support Program
77. Department to Establish National Reforestation Program
78. Program to Support Micro Enterprises
79. Apprenticeship and Vocational Training
80. Forest Conservation Easements
81. Establishment of a Permanent Forest Sink Initiative
82. Parliament to Appropriate Funds
83. Appointment of Forest Inspectors
84. Duties of Inspectors
85. Power of Authorized Officers
PART XI
MONITORING AND INSPECTION
86. Appointment of Forest Inspectors
87. Kenya Forestry College
88. Public information, Education and Advocacy
89. Integration Platform
PART XII
FINANCIAL PROVISION FOR THE SERVICE
90. Funds of the Service
91. Annual Estimates
92. Accounts and Audit
93. Investment of Funds
PART XIII
OFFENCES AND PENALTIES
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94. Offences
95. Annual Estimates
96. Continuing Offences and Repeat Offenders
97. Liability of Licensee and Community Forest Associations
98. Prohibited Activities in Forest on Public Land and Community Land
99. Grazing Livestock in Forest
100. Setting Fires
101. Charcoal burning
102. Hunting Animals in Forests
103. Unlawful Affixing or Defacing of Marks
104. Unlawful Operation of Wood Processing Plant or Forest-Based Industries
105. Counterfeiting
106. Misuse of Forests
107. Other Offences and Penalties
108. Review of Penalties
PART XIV
MISCELLANEOUS
109. Power to make Regulations
110. Repeal and Savings
SCHEDULES
THE FIRST SCHEDULE- GAZETTED PUBLIC FORESTS
THE SECOND SCHEDULE- CONDUCT OF BUSINESS AND AFFAIRS OF
THE KFS BOARD
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AN ACT of Parliament to provide for the sustainable exploitation, utilization,

management and conservation of the forests and forest resources, and ensure the
equitable sharing of the accruing benefits.
BE IT ENACTED BY THE PARLIAMENT OF KENYA AS FOLLOWS-
PART I- PRELIMINARY
Citation and 1.This Act may be cited as the National Forestry (Conservation
commencement. and Management) Act 2012 and shall come into force upon notice
in the Gazette by the Cabinet Secretary.
Interpretation. 2.In this Act unless the context otherwise requires-
“Board” means the Board of the Kenya Forest Service
“Cabinet Secretary” means the Cabinet Secretary responsible for

matters relating to Forestry;
“Commercial use” means any use of forest products or forest

Land, other than direct use for personal purposes or infrastructure
development and it includes uses involving Trade or any other
disposition of Forest Products or Forest Land for direct or indirect
financial benefits;
‘Community forest’ includes-

(a) Forestland lawfully registered in the name of group
representatives under the provisions of any law;
(b) Forestland lawfully transferred to a specific
community by any process of law;
(c) Forestland that is—
(i) Lawfully held, managed or used by specific
communities as forest area, grazing areas or
shrines;
(ii) Ancestral forestlands and forestlands

traditionally occupied by hunter-gatherer
communities; or
(iii) Lawfully held as trust land by the county

governments; or
(iv) Such other forest that may be set aside as a

community forest by the respective County
Government.
“Community forest association” means a group of persons who

have registered as an association or other organization established
to engage in forest management and conservation;
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“Concession” means the right of use granted to an individual or

organization in respect to a specific forest area on public land by
means of a long-term contract for the purpose of forest
management and utilization.
“County” means a county established under article 176(1) of the

constitution;
“Department” means the national Department for the time being

responsible for forestry;
“Director-General” means the Director-General of the Kenya

Forest Service appointed under section 14 of this Act;
“Farm forestry” means the practice of managing trees on farm

whether singly, in rows, in lines, boundaries or in woodlots or
private forests;
‘Forest’ means a unit of ecosystem in the form of lands

comprising biological resources, dominated by trees in their
natural forms and environment, which cannot be separated each
other;
‘Forest Area’ means a certain area that is designated or stipulated

by government to be retained as permanent forest.
“Forest community” means a group of persons who have a

traditional association with a forest for the purposes of livelihood,
culture or religion
‘Forestland’
(a) means –
(i) and for which the primary purpose is the growing,
managing and harvesting of a merchantable forest product
of commercial species under accepted silvicultural
systems through natural or artificial reforestation methods;
and
(ii) for which there is an approved forest management

plan; and
(b) does not include land in urban areas, land in permanent

settlements, and land that has been in long-term use for non-
shifting cultivation of crops or livestock in a manner that
precludes producing forest resources;
“Forest Manager” means a person responsible for the

management of a forest under his charge and implementation of
this Act including-
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(a) In the case of public forest, the Kenya Forest Service;
(b) In the case of community forest, the community; and
(c) In the case of a private forest, the owner or manager of

the private forest.
“Forest management plan”
(a) means a written document establishing direction and goals for

the management of a specific forest land area; specifying-
(i) all silvicultural practices and activities necessary to
accomplish the merchantable production of a forest
product,
(ii) all practices that will minimize adverse environmental
effects and
(b) shall include but not be limited to the elements set out in the
Third Schedule to this Act;
“Forest produce” means any material or item derived from forest

resources.
“Forest resources” means anything of practical, commercial,

social, religious, spiritual, recreational, educational, scientific,
subsistence, or other potential use to humans that exists in the
forest Environment, including but not limited to flora, fauna, and
microorganisms;
“Indigenous forest” means a forest which has come about by

natural regeneration of trees primarily native to Kenya, and
includes mangrove and bamboo forests;
“License” means a license issued under this Act for the use of the
forest or forest resources; and includes forest concession, forest
permit, special use permit.
“Licencing authority” means the person responsible for the

issuance of licences under his charge –
(a) In the case of public forest, the Kenya Forest Service;
(b) In the case of community and private forest, the

County government.
‘Private forest’ includes-

(a) Forestland held by any person under any freehold
tenure;
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(b) Forestland held by any person under leasehold tenure;

and
(c) Any other forestland declared private under this Act
“Property mark” means a mark places on a log, timber or other

forest produce with a prescribed instrument to denote ownership
by the government, a community or any other owner;
“Provisional forest” means any forest which has been declared a

provisional forest by the Cabinet Secretary under section this Act
‘Public forest’ includes-

(a) Forestland lawfully held, used or occupied by any
State organ, except any such land that is occupied by the
State organ as lessee under a private lease;
(b) Forestland transferred to the State by way of sale,

reversion or surrender;
(c) Forestland in respect of which no individual or

community ownership can be established by any legal
process;
(d) A forest reserve or a protected area;
(e) The forest reserves set out in the First Schedule to this
Act
‘Service’ means the Kenya Forest Service established under

section 13 of this Act;
Purpose of the Act. 3.(1) The purpose of this Act is to ensure the protection and
sustainable management of the forest as an ecosystem.
(2) Forest management is sustainable if it ensures biological

diversity, the productivity, regeneration capacity and vitality of
forests, and the possibility of multiple uses of forest in a way that
satisfies ecological, economic, social, and cultural needs.
Application of the 4.This Act shall apply to public forests, community forest and
Act. private forests.
Guiding principles 5.(1) The principles set out in subsection (3) must be considered
and values in and applied in a balanced way-
decision-making.
(a) In the exercise of any power or the performance

of any duty in terms of this Act;
(b) In the development and implementation of
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government policies affecting forests:
(c) In the exercise of any power or the performance

of any duty in terms of any other legislation where
the exercise of that power or the performance of
that duty will impact on a forest;
(d) In the issuing of a license or other authorization

relating to the use of water for afforestation or
forestry; and
(e) By any person required in terms of any

legislation to carry out an environmental impact
assessment in respect of any activity, which may
have an effect on forests.
(2) An organ of State applying these principles shall—
(a) Take into account the differences between

natural forests, woodlands and plantations;
(b) Recognize that conservation of biological

diversity within plantations should be promoted in
a way which is consistent with the primary
economic purpose for which the plantation was
established;
(c) Only apply those principles which it considers

relevant to the decision or action which is
contemplated; and
(d) Give such weight to each principle, as it

considers appropriate.
(3) The principles and values are —
(a) Forest resources are an important national asset

of common concern and shall be managed in a
manner that does not compromise the value of the
resource accordingly to be principle of sustainable
development, while the precautionary principle
and the polluter and user pays principle shall be
upheld;
(b) To ensure that efforts to increase forest and tree

cover are undertaken within the broad regional,
national and county land use and development
plans, an ‘ecosystem’ approach’ shall be adopted;
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(c) The management of forests and forest resources

shall be devolved to the lowest level possible;
(d) The principles of good governance and full

access to public information, and a participatory
approach to forest conservation and management
will be enshrined to ensure the effective
involvement of communities, the private sector
and civil society in planning, implementation and
decision making processes;
(e) The rights and responsibilities of communities

and private land owners to manage and utilize
forest and forest resources shall be recognised;
(f) Forest conservation and management shall be

recognized and supported as a form of land use on
public, community and private land;
(g) The benefits accruing from forest conservation,

management and sustainable utilisation of forest
and genetic resources shall be enjoyed and shared
equitably by the people of Kenya.
(h) Scientific knowledge and expertise,

professionalism and international best practice
(including the provisions of multilateral
environmental agreements) shall form the
cornerstone of policy and forest conservation and
management, and forest research, training and
education shall be promoted; and,
(i) Indigenous knowledge and intellectual property

rights embodied in forest biodiversity and genetic
resources shall also be protected.
PART II
CLASSIFICATION AND MANAGEMENT OF FORESTS
Classification of 6.(1) Forests may be classified as public, community or private

forests. forests.
(2) Public forests include-
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(a) Forestland lawfully held, used or occupied by any

State organ, except any such land that is occupied
by the State organ as lessee under a private lease;
(b) Forestland transferred to the State by way of sale,

reversion or surrender;
(c) Forestland in respect of which no individual or

community ownership can be established by any
legal process;
(d) A forest reserve or a protected area;
(e) The forest reserves set out in the Second Schedule

to this Act
(3) Community forest’ include-
(a) Forestland lawfully registered in the name of

group representatives under the provisions of any
law;
(b) Forestland lawfully transferred to a specific

community by any process of law;
(c) Forestland that is—
(i) Lawfully held, managed or used by specific

communities as forest area, grazing areas or
shrines;
(ii) Ancestral forestlands and forestlands

traditionally occupied by hunter-gatherer
communities; or
(iii) Lawfully held as trust land by the county

governments; or
(iv) Such other forest that may be set aside as a

community forest by the respective County
Government.
(4) Private forests include-
(a) Forestland held by any person under any freehold

tenure;
(b) Forestland held by any person under leasehold

tenure; and
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(c) Any other forestland declared private under this

Act.
National Forest 7.(1) As soon as practicable, but not later than two years after
Management enactment of this subsection, the Cabinet Secretary shall
Guidelines.
promulgate regulations, that set out the process for the
development and revision of the National Forest Management
Guidelines and standards prescribed by this subsection.
(2) The National Forest Management Guidelines shall form part

of the documents necessary for the approval of licenses under this
Act.
Forest Code 8.(1) The Cabinet Secretary shall in consultation with relevant
stakeholders from both the national level as well as the
community level develop a forest code which may be adopted
and implemented by every county assembly;
(2)The purpose of the Code is to ensure that commercial timber

growing and timber harvesting operations are carried out on both
public land and private land in such a way that:
(a) permits an economically viable, internationally
competitive, sustainable timber industry
(b) is compatible with the conservation of the wide range of
environmental, social and cultural values associated with
timber production forests
(c) provides for the ecologically sustainable management of
forests proposed for continuous timber production.
(d) enhances public confidence in the management of forests
and for timber production.
Ecosystem 9. (1) All forests shall be managed in accordance with the

management plans. integrated ecosystem approach.
(2) Ecosystem management plans shall be prepared in

collaboration and participation with lead government departments
and agencies, county governments, civil society and communities.
(3) Ecosystem management plans shall be reviewed and

republished on a regular basis and not least every ten years.
(4) Parliament shall appropriate funds for the effective

implementation of this Part.
Forest management 10. (1) Forests on public land shall be managed in accordance
plans. with approved management plans as provided under this Act.
(2) Forests on community land for which communities are in

receipt of public funding for community forestry or reforestation
shall be managed in accordance with approved management plans
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as provided under this Act.
(3) A forest management plan shall define the management

objectives by which the forest manager shall endeavor to achieve
the sustainable management of the forest resources over the
period for which the plan has been prepared.
(4) Without prejudice to the generality of the foregoing, and

having regard to the nature and status of the forest and the
resources available and subject to subsection (1) a forest
management plan may contain such information as set out in the
Second Schedule to this Act.
The role and 11. (1) The role and functions of the Department to ensure
functions of the sustainable forest management shall include-
Department.
(a) Exercising supervision and coordination in all matters

relating to forest policy and legislation;
(b) Formulation of policy for the conservation and
management of forests and forest resources;
(c) Preparation of guidelines for reduction of emissions
through forest degradation and deforestation;
(d) Setting national and county goals, objectives, targets,
and indicators;
(e) Mainstreaming of forestry issues into other sectoral
policies, programmes and plans;
(f) Coordination of ecosystem management plans in
collaboration with other departments and agencies;
(g) Establishing and coordinating national programmes to
increase tree cover
(h) Promoting cooperation among government
departments, counties, private sector, non-
governmental organizations and other organizations
engaged in forest conservation and management;
(i) Coordinating the negotiation and implementation of
forestry-related treaties, conventions or agreements,
whether bilateral or multilateral;
(j) Coordinating development of the National Forestry
Conservation and Management Strategy;
(k) Monitoring the implementation of the National Forest
Policy, the Strategy and this Act.
(l) Performing such other functions as may be assigned
under this Act.
Establishment of the 12. There is hereby established the Office of the Regulator,
Office of the which shall be an office in the Department.
Regulator.
(2) The functions of the Regulator shall include-
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(a) Establish standards, rules, guidelines and registries as

required by the forest sector policies and legislation, and
other government directives;
(b) Verify the compliance of the Service, County
Governments and private forest owners with relation to the
conservation and management of forests and forest
resources;
(c) Review the performance of stakeholders as prescribed in
forest management plans, and verify compliance against
agreed performance indicators and fiscal responsibilities in
the management and operational plans;
(d) Review the procedures and processes for granting
licences, and verify compliance of stakeholders with regard
to the licences, including payment of fees, distribution of
public revenues and benefit-sharing arrangements.
(e) Determine such action that shall be taken as determined
by the law by the Cabinet Secretary, and Board of the
Service, and County Governments in those cases in which
there are shortfalls in compliance.
(f) Prepare an annual compliance and governance report
which the Cabinet Secretary shall forward to the Parliament
and disseminate publicly;
(g) Carry out any function given to it by or under any other
written law.
Establishment of the 13. (1) There is hereby established a Service to be known as the
Kenya Forest Kenya Forest Service, which shall be the successor of the Kenya
Service.
Forest Service established under the Forest Act 2005.
(2) All assets and liabilities which immediately before the

commencement of this Act were vested in the Kenya Forest
Service shall at the commencement of this Act vest in the Service
subject to all interest, liabilities, charges, obligations and trusts
affecting such property.
(3) The Service is a body corporate with perpetual succession and

a common seal and shall, in its corporate name, be capable of–
Suing and being sued;
(a) Taking, purchasing or otherwise acquiring,

holding, charging or disposing of moveable and
immovable property;
(b) Entering into contracts; and
(c) Undertaking or performing all other activities
necessary for the proper performance of its
functions under this Act that may lawfully be
done or performed by a body corporate.
Composition of the 14. (1) The Service shall be managed by a Board comprising of–
members of the
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Board.
(a) Chairperson, appointed by the Cabinet Secretary,
in accordance with the provisions of this Act;
(b) The Director of Conservation, Department
responsible for Forestry or his representative;
(c) The Chief Executive Officer, the National Land
Commission or his representative nominated in
writing;
(d) The Chief Executive Officer of the Kenya Forest
Research Institution, or his representative
nominated in writing;
(e) The Principal Secretary, Local Government or
his representative nominated in writing;
(f) the Director-General of the Kenya Forest Service;
(g) four other persons appointed by the Cabinet
Secretary, of whom-
(i) One shall be nominated by the Forestry
Society of Kenya;
(ii) One shall be nominated by the National
Association of Community Forestry;
(iii) One shall be nominated by the Kenya
Private Sector Alliance;
(iv) One from a national forest conservation
non government organization which shall
be nominated by the National NGO
Council.
(2) The members of the Board under subsection (1) (b) – (f)
may attend in person or designate a representative to attend on
their behalf.
(3) The members of the Board under subsection (1) (a), (g)
shall hold office for a period of three years which is not
renewable.
(4) The appointment of the chairperson and the members

under subsection (1) (g) shall be by name and by notice in the
Gazette.
(5) In appointing persons as Chairperson and members of the

Board, the appointing authority shall ensure that no more than
two-thirds of the members are of the same gender.
(6) In appointing a person as a Chairperson, the Cabinet

Secretary shall ensure no successive term is held by a person of
the same gender.
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Selection of the 15. (1) A person shall be qualified for appointment as the
Chairperson. chairperson if that person-
(a) meets the requirements of Chapter Six of the

Constitution;
(b) holds a degree from a university recognized in

Kenya;
(c) has knowledge and experience of not less than

fifteen years in any of the forestry and management.
(2) The Public Service Commission shall within fourteen days of

the commencement of this Act and Fourteen days of the office of
the chairperson falling vacant, by advertisement in at least two
daily newspapers of national circulation, invite applications from
persons who qualify for nomination and appointment for the
position of the chairperson.
(3) The selection panel shall―
(a) consider the applications received to determine their

compliance with the provisions of the Constitution
and this Act;
(b) short list the applicants;
(c) publish the names of the short listed applicants and

the qualified applicants in at least two daily
newspapers of national circulation;
(d) conduct interviews of the short listed persons;
(e) shortlist three qualified applicants for the position

of chairperson; and
(f) forward the names of the qualified persons to the

Cabinet Secretary
(4) The Cabinet Secretary shall, within seven days of receipt of

the names of successful applicants appoint the chairperson.
Functions of the 16. The functions of the Service shall be to –

KFS.
(a) Conserve and manage all public forests;
(b) Prepare and implement management plans for all

public forests, and upon request prepare
management plan for forests on community land or
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private land in collaboration with the forest

managers;
(c) Assess applications for the use of forests and forest

resources to individuals, corporate bodies and
communities, and issue licences to this affect and in
accordance with this Act;
(d) Collect all revenue and charges due to the National

Government from forests and forest resources on
public land;
(e) Share financial resources accruing from licences in

accordance with the provisions of this Act;
(f) Assist County Governments in the promotion of

capacity building in forest management and
extension on community and private land;
(g) Develop programs in collaboration with other

individuals, corporate bodies and communities for
tourism, and for the recreational and ceremonial use
of public forests;
(h) To register and maintain a register of all forest

management plans on public land;
(i) To collect, analyze, prepare and disseminate data

and other information about forests and forest
resources on public land;
(j) Enforce the provisions of the Act and any forestry

and land use rules and regulations made pursuant to
any other written law.
Powers of the Board. 17. The Board shall have all the powers necessary for the proper
performance of the functions of the Service under this Act and, in
particular but without prejudice to the generality of the foregoing,
the Board shall have power to–
(a) Enter into contracts;
(b) Manage, control and administer the assets of the

Service in such manner and for such purposes as
best promote the purpose for which the Service is
established;
(c) Receive any gifts, grants, donations or

endowments made to the Service or any other
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moneys in respect of the Service and make

disbursements there from in accordance with the
provisions of this Act;
(d) Enter into association with such other bodies or

organizations within or outside Kenya as it may
consider desirable or appropriate and in
furtherance of the purposes for which the Service
is established;
(e) Offer services to any person upon such terms as

the Board may from time to time determine.
Conduct of business 18. (1) The agenda of Board meetings and the decisions made by
and affairs of the the Board shall be published in the public domain, by means of
Board.
public review at the Service Headquarters and any of its offices,
electronically through the Internet, and also offering paper copies
for sale to the public for a prescribed fee.
(2) The business and affairs of the Board shall be conducted in

accordance with the Second Schedule.
Remuneration and 19. A member of the Board shall be paid such remuneration or
allowances of Board allowances as the Salaries and Remuneration Commission shall
members.
determine.
The Director- 20. (1) The Board shall, through a public and competitive
General of the recruitment process, appoint a suitably qualified person to be the
Service.
Director-General to the Service.
(2) A person shall be qualified for appointment as the Director-

General of the Service if the person—
(a) is a citizen of Kenya;
(b) possesses a postgraduate degree from a university

recognised in Kenya;
(c) has had at least ten years proven experience at

management level;
(d) has experience in any forestry or natural resource

management.
(2) The Director-General shall hold office for a term of four

years only on such terms and conditions of employment as the
Board may determine in consultation with the Cabinet Secretary
and the Salaries and Remuneration Commission.
(3) The Director-General shall be an ex-officio member of the
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Board, but shall have no right to vote at any meeting of the

Board.
Functions of the 21. (1) The Director-General shall be responsible for the day-to-
Director-General. day management of the Service.
(2) The Director-General shall subject to the direction of the

Board, be responsible for the direction of the affairs and
transactions of the Service, the exercise, discharge and
performance of its objectives, functions and duties.
(3) The Director-General shall –
(a) ensure the maintenance of efficiency and discipline

of all staff of the Service;
(b) manage the budget of the Service to ensure that its

funds are properly expended and accounted for;
(c) perform such other duties as the Board may, from

time to time, assign.
Staff of the Service. 22. The Board may appoint such officers and other staff of the
Service as are necessary for the proper and efficient discharge of
the functions of the Service under this Act, upon such terms and
conditions of service as the Board may determine.
Uniformed and 23. (1) The Board may, in consultation with the Cabinet
disciplined staff. Secretary, designate, specific officers and staff to be uniformed
and disciplined in order to carry out protection and enforcement
services.
(2) The uniformed and disciplined officers and staff of the
Service may be assigned to County Governments, supervised by
the National Police Service and be under the command of the
Inspector-General of the National Police Service.
Public access to 24. (1) Any person may make a written request to the Service for
information. any information held by the Service.
(2) The request shall specify with due particularity the

information requested.
(3) On receipt of the request, the Service shall, as soon as

practicable, and in any event no later than 45 days after receiving
that request –
(a) make available to the applicant all information

requested except –
(i) any trade secrets, information obtained in
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commercial confidence, or other

commercially sensitive information; and
(ii) any information the disclosure of which is

likely to prejudice the security of Kenya; and
(b) where any information is withheld under

subparagraph (i) or (ii) of paragraph (a), notify the
applicant in writing of the Service’ reasons for
withholding the information.
(4) The Service may impose a reasonable charge for making the
information requested available to the applicant.
PART III- MANAGEMENT AND USE OF PUBLIC FORESTS
Management of 25. (1) The management of all forests on public land shall vest in
public forest to vest the Service.
in the Service.
(2) The Service shall be responsible for the conservation,

utilization, protection and integrated management of forests on
public land including-
(a) Regeneration and improvement of the forest

resource;
(b) Utilization of forest resources;
(c) Establishment of climate change forest mitigation
and adaptation measures
(d) Protection of forest resources from fire, insect and
disease, and unlawful harvesting, damage or
removal;
(e) Conservation of habitats for wildlife and fisheries
(f) Protection of representative areas of the forest as
forested natural areas;
(g) Provision of opportunities for eco-tourism,
recreational, ceremonial use and public access.
(2) All forests on public land shall be managed and utilized in

accordance with a forest management plan based upon National
Forest Management Guidelines, which shall describe and
prescribe permitted activities in accordance with internationally
accepted principles and practices, and in the manner set out in the
Third Schedule to this Act.
Preparation of forest 26. (1) The Service shall prepare shall prepare a forest
management plan management plan for the management of a public forest, in the
manner set out in the Third Schedule to this Act.
(2) The Service, the County Governments upon whose territorial

jurisdiction the forest is located and registered Community Forest
21
Associations shall be the stakeholders for forest management

plans.
(3) All management plans for forests on public land shall be

prepared on the basis of the “free, prior, informed consent” of
stakeholders.
(4) No commercial use of a forest on public land may be

undertaken in the absence of an approved management plan and
annual operational plan.
(5) In the preparation of a forest management plan for a public

forest, the following persons shall be consulted-
(a) relevant County governments and government

agencies;
(b) users and organizations of users of the forest from

the private sector;
(c) the local communities who obtain benefits from the

forest and
(d) such other persons and organizations as may be

prescribed.
(6) A draft of the forest management plan shall be made available

for not less than sixty days for public inspection and comment at
the offices of the Service nearest to the forest reserve for which
the plan is being prepared.
(7) The Director - General or any authorized officer shall, within

the sixty days and after giving reasonable notice and appropriate
publicity to the matter, hold one or more meetings in the vicinity
of the forest for which the forest management plan is being
prepared to explain the plan to the people of the vicinity and take
account of any comments such people may make on the plan.
(8) After revising the plan in the light of comments received, the
Director General shall submit the plan for comments by the
persons spelt out in sub section (2) for validation and adoption.
Approval of the 27. (1) A forest management plan shall be deemed approved upon
management plan. validation and adoption and in accordance with the provisions of
this Part relating to the preparation of management plans
(2) The Service shall manage the forest in accordance with the
adopted forest management plan.
Community forest 28. (1) A member of a forest community may, together with other
22
association members or persons resident in the same areas, register a

community forest association under the Societies Act.
(2) An association registered under subsection (1) may apply to

the Director-General for permission to participate in the
conservation and management of the forest in accordance with
the provisions of this Act.
Functions of a forest 29. A registered association shall
association
(a) assist to protect, conserve and manage a forest and
forest resources in accordance with approved
management plans;
(b) regulate the utilization by community members of

customary forest use rights;
(c) protect sacred groves and protected trees;
(d) keep stakeholders in forest management informed

of -
(i) changes that may affect the conservation of

biodiversity within forests
(ii) incidences of illegal harvesting of forest produce
(e) assist in the fighting of fires;
(f) undertake any other act that is necessary for the

protection, conservation and management of the
forest
Community 30. (1) Community forest associations may prepare Participatory

participation in forest Forest Management Plans in collaboration with the Service.
management on
public land
(2) Community forest associations may enter into a management
agreement with the Service.
(3) The management agreement with the Service shall allow,

within the limitations of the available forest resources, for user
rights, including-
(a) collection of forest produce;
(b) grass harvesting and grazing;
(c) ecotourism and recreational activities;
(d) contracts to undertake specified silvicultural and

maintenance operations;
23
(e) other activities which may from time to time be

agreed with the Service.
Termination or 31. (1) The Director-General may terminate a management

variation of a agreement with an association, or withdraw a particular user
management
agreement
right, where:
(a) an association breaches the terms and conditions of

the agreement;
(b) for the purposes of protecting and conserving
biodiversity; and
(c) an association itself makes a request
(2) The Director shall give 30 days notice in writing to the

association of the intention to terminate or withdraw a particular
user right as in subsection (1) (a) or (b) above.
(3) The association may appeal to the Board of the Service

against the decision.
Customary rights in 32. A member of a forest community shall have forest user rights
public forests. for the purpose of own-consumption in accordance with the
custom of that community.
Declaration of forest 33. The Cabinet Secretary may, upon the recommendation of the
and protected area. Board of the Service, after consultation with the Cabinet
Secretary responsible for land matters and Cabinet Secretary
responsible for County Government, by Notice in the Gazette,
declare any public land to be a public forest.
Declaration of nature 34. (1) The Cabinet Secretary may, upon the recommendation of
reserves. the Board of the Service, after consultation with the Cabinet
declare any public land to be a nature reserve.
(2) A declaration under subsection (1) above shall be made where

the proposed forest area, or woodland:
(a) has outstanding environmental or scientific

significance
(b) is rich in biodiviersity, and contains rare, threatened
or endangered species
Revocation of forests 35. (1) The Cabinet Secretary may, upon the recommendation of
on public land. the Board of the Service, after consultation with the Cabinet
propose that a forest or nature reserve on public land, to be
24
revoked or modified.
(2) A recommendation under subsection (1) above shall not be

made unless an independent social and environment impact
assessment has verified that the degazettement or variation in the
boundaries shall not:
(a) endanger any rare, threatened or endangered

species;
(b) adversely affect the values of any water catchment
area;
(c) prejudice biodiversity conservation; and
(d) prejudice educational, cultural, recreational or
scientific values
(3) The Cabinet Secretary shall publish the proposal for

revocation in national newspapers for public consultation.
(4) The Cabinet Secretary shall receive written comments.
(5) The Cabinet Secretary shall submit the proposal and public
comments to Parliament for resolution.
PART IV- MANAGEMENT AND USE OF COMMUNITY FORESTS
Management of 36. (1). The management of all forests and forest resources on
community forest to community land shall vest in the community.
vest in the
community
(2) The proceeds from the sale of trees or other forest produce
and environmental services derived from a community forest
shall belong to the community.
State organs to 37. All state organs shall recognize –

recognize rights of
communities
(a) communities as the managers of the land, albeit
without the right to sell, clear or subdivide;
(b) the rights of communities to manage forests and
forest resources on community land;
(c) the right to self-governance;
(d) the customary rights of communities, social uses,
heritage and cultural values;
(e) the rights to the proceeds from the sale of trees or
other forest produce and environmental services
derived from a community forest;
(f) the rights of marginalized and disadvantages groups
within the community; and
(g) local mechanisms for resolving land and resource
use disputes
25
Purpose of managing 38. The community shall be responsible for the conservation,
community forest. utilization, protection and sustainable management of forests and
forest resources on community land for the purposes of-
(a) conservation of water, soil and biodiversity;

(b) riverine and shoreline protection;
(c) sustainable production of wood and non-wood
products;
(d) carbon sequestration and other environmental
services;
(e) rehabilitation of degraded areas;
(f) habitat for wildlife in terrestrial forests and fisheries
in mangrove forests;
(g) protection of forest resources from fire, insect and
disease, and unlawful harvesting, damage or
removal;
(h) protection of areas prone to fire, flooding, and of
areas of important genetic and biodiversity;
(i) recreation and tourism; and
(j) education and research.
Management of 39. (1) Communities owners may apply for registration with the
Community Forests. County Government in the manner prescribed.
(2) Upon registration under subsection (1) above, registered

communities may apply for financial and technical assistance
from:
(a) the National Community Forestry Programme

(b) the National Reforestation Programme
(3) The management of forests on community land for which

communities are in receipt of public funding for community
forestry or reforestation shall be undertaken in accordance with
the National Forest Management Guidelines, which shall describe
and prescribe permitted activities in accordance with
internationally accepted principles and practices.
(4) All management plans for forests on community land shall

recognize and take into account any relevant ecosystem
management plans.
(5) Communities shall be bound by the Code of Forest Practices.
(6) Every County government shall enforce the Code of Forest

Practices in forests on community land.
Utilization of 40. Management plans for forests on community land shall

Community Forests allow, within the limitations of the available forest and land
26
resources, for additional user and commercial rights, including:

(a) collection of forest produce for community-based
industries;
(b) charcoal production;
(c) grass harvesting and grazing;
(d) ecotourism and recreational activities; and
(e) plantation and woodlot establishment.
County forest 41. (1) The Department responsible for forestry at the County
department. level may appoint a forest resource manager who shall be
responsible for implementation of national and county forest
policies and programmes within the County.
(2) The functions of the forest resource manager shall be to:
(a) Liaise with the National Land Commission to

identify and demarcate unregistered land to be
gazetted as community forests;
(b) Act as a representative of the county in the
management of forests and forestry resources on
public land within the jurisdiction of the county;
(c) Implement the National Community Forest
Management and National Reforestation
programmes;
(d) Assist upon request in the preparation of
management plan for forests on community land or
private land ;
(k) Assess applications for the use of forests and forest
resources on community land, and issue licences to
this affect and in accordance with this Act;
(e) Regulate and verify the compliance of forest
industries and other forest resource-based
enterprises;
(f) Advise on forestry matters relating to county land
management and natural resource use,
environmental audit and the monitoring of the
environment; and
(g) Provide forest extension services to farmers,
communities and private land owners
Establishment of 42. (1) Every county shall establish a county forest conservation
forest conservation committee to advise the county executive committee on the
committee.
management, conservation and utilization of forests and forest
resources within the county.
(2) A forest conservation committee shall be comprised of –

(a) a Chairperson appointed by the Governor;
(b) one officer from the County Department
27
responsible for environment;

(c) one officer from the County Department
responsible for water;
(d) one officer from the County Department
responsible for agriculture;
(e) Five other persons, of whom-

(i) One shall nominated by the Forestry
Society of Kenya;
(ii) one shall be nominated by the National
Association of Community Forestry;
(iii) One shall be nominated by the Kenya Private
Sector Alliance; and
(iv) One from a conservation non government
organization which shall be nominated by the
National NGO Council;
(f) The County Forest Manager who shall be an ex

offico member and the Secretary to the committee.
(3) The members of the Committee under subsection (2) (a-d)

and (f) shall attend in person or designate a representative to
attend on their behalf.
(4) The members of the Committee under subsection (2) (a), (e)
shall hold office for a period of three years which is not
renewable.
(5) In appointing a person as Chairperson and member of the

Committee, the appointing authority shall ensure that no more
than two-thirds of the members are of the same gender.
(6) In appointing a person as a Chairperson, the Governor shall

ensure that no successive term is held by a person of the same
gender.
(7) The Committee during its first meeting shall appoint a vice-
Chairperson from among the non ex-officio members.
(8) The Governor shall, in consultation with the County

Executive Committee, make rules and regulations governing the
procedures of the committee.
(9) The Committee shall meet on at least a quarterly basis.
28
(10) The agenda and decisions of the meetings of the Committee

shall be put into the public domain, by means of public review at
the County offices, electronically through the Internet, and also
offering paper copies for sale to the public for a prescribed fee.
(11) All committee meetings shall be held in public and the

Chairperson may invite the public to take part in deliberations.
Functions of a forest 43. (1) The functions of the forest conservation committee shall
conservation be to -
committee.
(a) advise on the implementation of all matters relating

policy and legislation, including the conservation,
management and utilization of forests and forest
resources, and the mainstreaming of forestry issues
into other county programs and plans;
(b) approve community forest management plans

submitted by registered communities;
(c) review and make recommendations on, as

necessary, the performance of community-based
forest management plans;
(d) review and make recommendations on the granting

of licences by the county to communities, forest
industries and other forest resource-based
enterprises;
(e) assist in the identification of community lands to be

set aside for the creation of forests;
(f) monitor the implementation of this Act and other

forest regulations, and submit an annual compliance
and governance report to the Governor; and
(g) perform other functions that the county executive

committee may reasonably require or delegate to it.
Declaration of 44. (1) The Cabinet Secretary may, upon the recommendation of
provisional forest. the Cabinet Secretary responsible for County Government and
consultation with the Cabinet Secretary responsible for land
matters, by Notice in the Gazette, declare any mismanaged or
neglected forest on community land to be a provisional forest.
(2) A declaration under sub-section (1) shall be made when:
29
(a) the forest is:
(i) an important catchment area or source of

water springs;
(ii) is rich in biodiversity;
(iii) contains rare, threatened or endangered

species;
(iv) is of cultural or scientific significance;
(v) has economic significance for the livelihoods

of adjacent forest communities
(b) the County Government has issued a notice to the

community to undertake specific remedial
silvicultural activities to manage and conserve the
forest, but such notice has not been complied with.
(3) A provisional forest shall be managed on behalf of the

community by the County Government for a period not exceeding
three years.
(4) Subject to a review undertaken by the County Government

and the community, the provisional forest may revert to the
community where both parties are satisfied that it has been
adequately rehabilitated and measures to ensure its conservation
and management are in place.
Establishment of 45. (1) Every County shall, as far as it is reasonably practical,

urban parks, establish and maintain urban parks, arboreta and amenity belts on
arboreta, amenity
belts and green zones
road reserves within its area of jurisdiction for recreational,
aesthetic and pollution mitigation purposes.
(2) The Service may provide technical assistance upon request to

the County Forest Resource Manager.
(3) Every County shall cause residential and commercial estate

development to include the provision of tree planting and other
green zones to cover at least ten percent of the land area to be
developed.
PART V- MANAGEMENT OF PRIVATE FORESTS
Management of 46. (1) Private forest land owners may apply for registration with
forests and forest the County Government and the Service.
resources on private
land
(2) Upon registration under subsection (1) above, registered
30
private owners may apply for financial and technical assistance

from:
(a) the Forest Management and Conservation Fund

established by the Service under section 123 of this
Act.
(b) the National Reforestation Programme established

under section 123 of this Act.
(3) The management of forests on private land shall be

undertaken accordance with the National Forest Management
Guidelines.
(4) All management plans for forests on private land shall

recognize and take into account any relevant ecosystem
management plans.
Utilization of forests 47. (1) Private forest land owners shall be bound by the Code of
on private land Forest Practices.
(2) Every County government shall enforce the Code of Forest

Practices on forests on private land.
Proceeds from the 48. The proceeds from the sale of trees or other forest produce
sale of private forest and environmental services from a private forest shall belong to
produce and
services.
the owner of the private forest.
Donations and 49. (1) A registered land holder may donate or bequeath land to
bequests the state for the development of forestry in accordance with the
provisions of this Act.
(2) A forest or forest resources established on the land donated or

bequeathed under subsection (1) above shall be gazetted in
accordance with the provisions of this Act.
PART VI
LICENSES
Basic provisions 50. (1) No Person shall undertake any commercial use of forests
and forest resources on public land or community land without
authority of the Service or County government respectively.
(2) A licence may be granted through Concessions, Timber Sale

Contracts, or Forest Permits for commercial and non-commercial
forest uses, in accordance with this Act.
(3) A licence shall only be granted when the use of forest

resources in accordance with an approved forest management
plan.
31
(4) A person granted a licence for commercial use shall post a

bond in the manner prescribed to assure performance of work,
payment of forest fees and charges, redress of injuries or return of
property.
Types of licences 51. (1) Licenses issued under this Act may be for commercial or
non-consumption use.
(a) Commercial use licenses include –

(i) Concessions;
(ii) Timber Sales Contracts;
(iii) Community use permits; and
(iv) Special use permits
(b) Non-consumption permits for purposes other than

the harvesting or utilization of forest products and
resources.
Standard 52. (1) The Department in consultation with the Service and
qualifications to County governments shall establish standard qualifications for
apply for license
persons wishing to apply for permission to undertake commercial
use of forests.
(2) For all commercial use licenses the Department shall by

Regulation, specify the standard qualifications in the form of pre-
qualification requirements in accordance with the laws governing
public procurement.
(a) Commercial use licences shall be issued through a

competitive bidding process and the provisions of in
the Public Procurement and Disposal Act shall
apply.
(b) For permits for use by communities, the

Department shall specify the standard qualifications
by Regulation.
Concessions. 53. (1) A concession shall be issued in accordance with the Act
and those in the Public Procurement and Disposal Act or its
successor legislation governing public concessions.
Act No 3 of 2005
(2) The land involved shall be identified as a potential concession

area in the approved Forest Management Plan for the specific
public forest in effect at the time the right concession is offered
(3) The concession shall require the licence holder to prepare a

concession area forest management plan, including inventories,
reforestation or replanting programmes and annual operations
plans.
32
(4) The concession shall require the Holder to prepare

environmental and social impact assessments as required under
the laws governing environmental protection.
(5) The licence holder shall to pay the Government –

(a) the annual fee that the Holder bid in the concession
process;
(b) any other applicable taxes and fees, for the
harvesting or use of forest resources.
(6) The basic term of the concession shall not be longer than 30
years.
(7) The concession shall define community user rights and

benefits.
(8) No forest management concession on public land shall be

effective until approved by the Board.
Timber Sales 54. (1) A Timber Sale Contract shall be issued through a
Contracts competitive bidding process and the provisions of the Public
Procurement and Disposal Act shall apply.
(2) The forest land shall be identified as a potential timber sales

contract area in the approved Forest Management Plan for the
specific public forest in effect at the time the contract is offered.
(3) The validity of the license shall be defined in the licence
(4) The licence holder shall to pay the Government the prescribed
fees
(5) No Timber Sale License is effective until it is approved by the

Board
Special use permits. 55. (1) Special Use Permits shall be issued for the following uses:
(a) Ecotourism and recreational development;

(b) Conservation-based activities; and
(c) Construction of public infrastructure, including
dams, communication masts, geothermal and wind
farm stations
Act No 3 of 2005 (2) Special Use Permits shall be issues through a competitive
bidding process and the provisions of the Public Procurement and
Disposal Act shall apply.
(3) The land area involved must be in the approved Forest

Management Plan for the specific public forest in effect at the
time the permit is offered
33
(4) The Special Use License shall provide for conditions to ensure
the conservation of forest resources.
(5)The validity of the license shall be defined in the licence.
(6) The licence holder shall to pay the Government – (a) the
annual fee that the Holder bid in the concession process, (b) any
other prescribed fees
(7)No Special Use License is effective until it is approved by the

Board.
Forest permits for 56. The licencing authority may issue permits for the following
use by communities commercial uses by forest communities on public and community
land
(a) Grazing, firewood collection, herbs, honey

harvesting, cutting of grass;
(b) Harvest or use of non-timber forest products; and
(c) Charcoal
Permits for non- 57. The licencing authority may issue Permits for the following
consumption uses non-consumption uses of forests on public and community land:
(a) Research and education purposes; and

(b) Cultural and religious purposes
Reporting on 58. (1) The Holder of a Concession, Timber Sales Contract, or a

Operations. Special Use License shall provide annual returns on the
operations in a prescribed format to the licencing authority.
(2) A person who contravenes sub section (1) commits an

offence.
Suspension, 59. (1) Where there are reasonable grounds to believe that there
cancellation or has been a contravention of the condition of a license, or any
termination of
license.
provision of this Act, the licencing authority shall, in writing,
order the suspension of a license and require the license holder to
take necessary measures to remedy or prevent the contravention
within the period specified in that notice.
(2) Where a license has been suspended under subsection (1), no

person shall continue any activity that was permitted under the
terms of that suspended license.
(3) If a license holder fails to comply with subsection (1) and (2),
the Service may cancel the license in question.
Assignment and 60. (1) No person shall assign or transfer a licence or any rights to
transfer of licence. any other person without the prior written approval of the
licencing authority.
34
(2) The licencing authority shall not approve an assignment or

transfer of a licence to any person who does not meet the basic
qualification established in this Act and regulations..
(3) A Person who contravenes subsection (1) commits an offence.
Appeal 61. A licensee may, within thirty days of being notified of the
cancellation of the licence, appeal to the office of the Regulator.
PART VII
TRADE IN FOREST PRODUCTS
Chain-of-Custody 62. (1) The Service shall establish and maintain a Chain-of-
Custody system, to verify the origin of forests products from
public land and the compliance of licence holders in accordance
with this Act.
(2) The County Government may establish and maintain a chain

of custody to verify the origin of the forest product the
compliance of licence holders in accordance with this Act.
(3) The Service shall upon request support the process of

establishing and maintaining the chain of custody for County
government.
(4) A person in possession or trading in forest products shall

comply with the requirements of the chain-of-custody system
established under this section.
(5) Any person who contravenes subsection (4) commits an

offence.
Grading and marking 63. The Cabinet Secretary shall make rules and regulations to
of timber and other establish standards for the scaling, grading and marking of timber
forest products.
and other forest products.
Prohibition in 64. The Cabinet Secretary may declare by Notice in the Gazette
restricted forest any forest produce that may not be exported, imported or re-
produce.
exported.
PART VIII
FOREST FEES
Forest Fees. 65. The Cabinet Secretary, in consultation with the Cabinet
Secretary responsible for finance, and the Service, shall by
Regulation establish fixed forest fees in three classes:
(a) Stumpage fees, which are fees associated with the

harvest of forest resources, based on the type and
35
amount of forest resources harvested under a Forest

Resources License.
(b) Land rental fees, which are fees associated with the
use of forests on public land and may include
administrative fees and area-based fees assessed
under a Forest Resources License.
(c) Forest product fees, which are fees associated with

the production, processing, registration, transport,
and import or export of forest products.
Payment of fees into 66. (1) A person owing any fee under this section shall pay the
designated account. amount owed by deposit to a bank account designated solely for
this purpose by the Cabinet Secretary in conjunction with the
Cabinet Secretary responsible for finance.
(2) The Service and County governments shall ensure that all
payments to this account shall be made by bank transfers, or other
electronic means, including through mobile phone.
Review of fees. 67. (1) The Cabinet Secretary shall, in consultation with the
Cabinet Secretary responsible for finance, at least three months
before the commencement of each financial year, review forest
fees.
(2) The review under subsection (1) above shall recommend the
necessary adjustments to maintain the real value of the fees.
(3) Proposed revisions to fees shall be subjected to public

comments for at least 30 days.
(4) The revised fees shall be published in the Gazette.

Annual compliance 68. (1) Within a period of three months from the end of each
audit review and financial year, the Service and County governments shall-
disclosure.
(a) conduct an annual audit of the activities occurring

pursuant to each forest licence to ensure that the
licence holder is in compliance with the provisions
of this Act, its Regulations, and the terms of the
license; and
(b) submit a copy of the audit report to the office of the

Regulator within seven days of compiling the
report.
(2) As part of each audit, the Service and County governments

shall prepare a report containing:
(a) the volumes and monetary values of the harvested

forest resources, in total and by species;
36
(b) the amounts of any fees assessed, and the amounts

paid;
(c) the nature and monetary value of benefits provided

to communities; and
(d) the charges of violations and any penalties if any,

assessed or agreed to, and the penalties actually
paid.
(3) The Service and County governments shall make available for
public inspection a disclosure report based in the prescribed
manner.
(4) If any person makes a reasonable claim that the disclosure

document contains an error, the Service and County governments
shall promptly investigate the claim and make necessary
corrections to the disclosure report.
Benefit sharing. 69. (1) The Cabinet Secretary shall by Regulation, in consultation
with the Cabinet Secretary responsible for finance, set the criteria
for the distribution of land rental fees and stumpage fees to the
County governments in the following manner:
(a) Half of the amount collected to those county

governments that are stakeholders to forest
management plans in order to meet the costs
associated with their responsibilities for forest
resource management.
(b) Half of the amount shall be shared equally between

all county governments, and should be used for the
conservation and development of forest resources
within the county.
Provided that the percentage of the land rental and the stumpage
fee shall not exceed thirty percent.
(2) The Cabinet Secretary shall distribute land rental fees not
exceeding thirty percent to forest communities adjacent to or in
forests on public land.
(3) The Cabinet Secretary shall allocate the land rental and the
stumpage fee not exceeding thirty percent to the following
programmes:
(a) the National Community Forestry programme
37
(b) the National Reforestation programme for

communities and smallholders.
(4) The Service shall, subject to the agreement of the Cabinet

Secretary responsible for finance, receive the net revenues from
forest fees in order to fulfill its responsibilities for forest
conservation and management in forests on public land.
PART IX-FOREST PROTECTION
Prohibition against 70. (1) No person shall light a fire or cause a fire to be lit in a
fire. forest on public land unless:
(a) the fire is lit in a place that has been set aside for
that purpose; and
(b) a forest officer has authorized the lighting of the
fire.
(2) No person shall light a fire or cause a fire to be lit in a

community forest unless the lighting of the fire has been
authorized by the community.
(3) A person who contravenes this section commits an offence.
Forest pests and 71. The Service or County government may on public and
disease control. community land respectively
(a) Order the spraying or clearing of a compartment of

a plantation or of a whole plantation for the purpose
of controlling the spreading of pests and diseases;
(b) Control movement of timber and any other forest

produce through the issue of permits; and
(c) Provide for control of vermin causing excessive

damage beyond economic thresholds in forests.
Protected species. 72. (1) The Cabinet Secretary may prescribe species of trees and
plants as protected species for the purposes of this Act.
(2) No person shall fell or remove protected species
(3) A person who contravenes subsection (2) commits an offence.
National tree 73. The Service and County governments shall plan and execute
planting week. programs necessary for observing the national tree-planting week
on public and community land respectively.
PART X- INCENTIVES FOR INCREASING TREE COVER
38
Purpose 74. (1) The purpose is to establish a framework to provide

investment in forestry and to increase tree and forest cover by —
(a) establishment of a National Community Forestry

Programme in order to provide technical assistance
and grants for the preparation of forest management
plans on community land;
(b) establishment of a National Reforestation
Programme in order to provide technical assistance
and grants for tree planting on community land and
private land;
(c) support for forest resource-based micro-enterprises;
(d) establishment of a National Programme for Craft
Apprenticeships and Vocation Training for school-
leavers in forest resource-based enterprises.
(e) support for voluntary forest conservation
easements, and
(f) establishment of the Permanent Forest Sink
Initiative (PFSI) to promote the establishment of
permanent forests on previously unforested land.
Cabinet Secretary to 75. The Cabinet Secretary shall by regulation provide for a
establish framework framework for investment in forestry and to increase tree and
for incentives.
forest cover by —
(a) establishment of a national community forestry

program in order to provide technical assistance and
grants for the preparation of forest management
plans on community land;
(b) establishment of a national reforestation program in

order to provide technical assistance and grants for
tree planting on community land and private land ;
(c) support forest resource-based micro-enterprises;
(d) establishment of a national programme for craft
39
apprenticeships and vocation training for school-

leavers in forest resource-based enterprises.
(e) support voluntary forest conservation easements,

and
(f) establishment of the Permanent Forest Sink

Initiative (PFSI) to promote the establishment of
permanent forests on previously un-forested land.
Department to 76. The Cabinet Secretary shall, by regulation, establish a

establish national national facility for the allocation of funds and provision of
community forestry
support programme.
technical assistance to support community forestry development
including;
(a) programme to provide grants to community forest

associations to support the preparation of
management plans for forests on community land.
(b) funding qualified service providers to provide

technical assistance to the community forest
associations.
Department to 77. (1) The Cabinet Secretary shall by regulation, establish a

establish national national reforestation programme that provides-
reforestation
programme.
(a) grants and technical assistance to community forest
associations to support afforestation and
reforestation on community land; and
(b) Grants and technical assistance to smallholder

farmers to support afforestation on private land
(2) The Department shall Fund qualified service providers to

provide technical assistance to the community forest associations
and smallholder farmers.
40
Programme to 78. The Cabinet Secretary shall, by regulation, establish a

support micro- programme to support micro-enterprises in the forest sector.
enterprises.
Apprenticeships and 79. The Cabinet Secretary shall, by regulation, establish a

vocational training national programme to support apprenticeships and vocational
training in the forest sector.
Forest conservation 80. (1) The Cabinet Secretary, in collaboration with the Cabinet
easements. Secretary responsible for finance and the Cabinet Secretary
responsible for lands, shall issue guidelines, in consultation with
land owners and stakeholders, for the establishment of forest
conservation easements, including terms and conditions for the
qualification for income tax deductions.
(2) The object of a forest conservation easement is to further the

principles of sustainable forest conservation and management as
embodied in this Act.
(3) A forest conservation easement may be imposed on burdened

land so as to support:
(a) preserving flora and fauna;
(b) creating or maintaining forests and forest

resources along migration corridors and dispersal
areas for wildlife and pastoralist herds;
(c) preserving the quality and flow of water in a dam,

lake, river or aquifer;
(d) preserving any outstanding geological,

physiographical, ecological, archaeological,
cultural or historical features of the burdened land
that are of importance to natural resource
conservation;
(e) preserving scenic view, natural contours and

features of the burdened land;
(f) preventing or restricting the scope of any activity

on the burdened land which has as its object the
41
mining and working of minerals or aggregates that

may adversely affect natural resource
conservation;
(g) preventing or restricting the scope of any

agricultural or other activity on the burdened land;
or
(h) creating and maintaining works on burdened land

so as to limit or prevent harm to the environment.
(3)Where an easement has been imposed it shall attach to the

burdened land in perpetuity or for a term not exceeding fifteen
years or for an equivalent interest under customary law as may
determined by Regulation.
Establishment of a 81. (1) The Cabinet Secretary shall, by regulation establish a

Permanent Forest Permanent Forest Sink Initiative to-
Sink Initiative
(a) Establish a framework to facilitate the

administration of forest sink covenants that allow
landowners to access the value of carbon
sequestration on all types of land;
(b) Determine the requirements that a forest must meet

to be a forest sink, the methodologies for measuring
carbon sequestration or emissions of greenhouse
gases from a forest sink, and a reporting and
verification system; and
(c) Establish a dispute resolution process for disputes

arising in relation to a forest sink or a forest sink
covenant
(2) The Permanent Forest Sink Initiative shall provide grants and
technical assistance to community forest associations and private
land owners to participate in the scheme.
(3) The Department shall fund qualified service providers to

provide technical assistance to the community forest associations
and private land owners.
Parliament to 82. Parliament shall appropriate funds for the effective

appropriate funds. implementation of this Part.
42
PART XI
MONITORING AND INSPECTION
Appointment of 83. The Cabinet Secretary may, on the recommendation of the

Forest Inspectors. Office of the Regulator by notice in the Gazette, appoint duly
qualified persons whether by name or by title of office, to be
Forest officers and serve as inspectors of the Service or County
governments.
Duties of the 84. A Forest officer shall–

inspector. (a) Monitor compliance with this Act and regulations
made there under;
(b) Undertake inspections and submit reports in the

manner prescribed;
Power of authorized 85. (1) An authorized forest officer may at any reasonable time –
officer
(a) enter any premises within a public, forest reserve,
protected area or forest management area for the
purpose of ensuring compliance with this Act;
(b) enter any premises on which the authorised officer

has reasonable cause to believe that any unlawful
forest produce is stored or generated;
(c) request the production of a licence used for the

conveying of timber or other forest produce, and
upon failure to produce a licence or to account
satisfactorily for its absence, the authorised officer
may arrest the person and take him and such timber
or other forest produce before a Magistrate
according to the law.
(2) Any person who assaults or obstructs an authorised officer

acting in the execution commits an offence.
PART XII
FORESTRY RESEARCH, EDUCATION, TRAINING AND ADVOCACY
Research, 86. (1) The Kenya Forest Research Institute, as established under
Technology the Science and Technology Act, shall be the lead agency in
Development and
Transfer
forestry research and development.
(2) The Institute shall develop research and development

programmes aimed at enhancing the national capacity, culture
and technology in forest administration.
(3)The Institute shall, in collaboration with relevant
43
organizations,
(a) prepare its research and development programs with

the Department,
(b) and assist in the development of the National

Forestry Conservation and Management Strategy
and related climate change preparedness
programmes to maintain ecosystem integrity.
(4) The Institute shall, on a regular basis, compile and submit a

record relating to forestry research and development to the
Department.
Kenya Forestry 87. (1) The Kenya Forestry College shall be the lead post-
College secondary forest education institution, providing vocational and
technical training courses to strengthen sustainable forest
management and utilisation of forest resources.
(2) The College shall be deemed as a Division within the Service

and shall be supervised by a Standing Committee of the Board
consisting of-
(3) The members of the Standing Committee shall be comprised

of:
(a) Chairperson appointed by the Board;

(b) The Principal Secretary or his representative
(c) The Director General or his representative;
(d) The Director Kenya Forestry Research Institute or
his representative;
(e) The head of the Department of Forestry and Wood
Science, Moi University or his representative; and
(f) The Principal, of the Kenya Forest College who
shall be an ex- officio member and the Secretary to
the Committee.
(4) The functions of the Standing Committee shall include to-
(a) review the Strategic Plan of the College, the annual

work plans and budgets for recommendation to the
Board;
(b) evaluate the performance of the College, and the
monitor academic and technical standards;
(c) formulate policies, rules and regulations for the
governance and operations of the College;
(d) perform any other function as may be determined
necessary by the Board.
Public Information, 88. The Department in consultation with the relevant government
Education and agencies shall formulate and implement a nationwide program on
Advocacy
public information, awareness creation and advocacy to promote
44
sustainable forest development and management.

Integration platforms 89. The Cabinet Secretary shall establish a platform that will
consist of the representatives of the National Government,
County Government, private sector and civil society whose
function will be to support the mainstreaming of forestry in
national development.
PART XIII
FINANCIAL PROVISIONS FOR THE SERVICE
Funds of the Service. 90. The funds and assets of the Service shall consist of–
(a) Such moneys as may be appropriated by

Parliament for the purposes of the Service;
(b) Forest Conservation and Management Fund;
(c) Such moneys or assets as may accrue to or vest in
the Service in the course of the exercise of their
powers or the performance of its functions under
this Act;
(d) Such moneys as may be payable to the Service
pursuant to this Act or any other written law;
(e) Such gifts as may be given to the Service; and
(f) All moneys from any other source provided,
donated or lent to the Service.
Annual estimates. 91. (1) At least three months before the commencement of each
financial year, the Board of the Service shall cause to be prepared
estimates of the revenue and expenditure of the Service for that
financial year.
(2) The annual estimates shall make provision for all estimated
expenditure of the Service for the financial year concerned, and in
particular shall provide for–
(a) The preparation and operationalization of
management plans for all forests on public land
(b) The protection and conservation of all indigenous
forests on public land
(c) The development and promotion under license of
timber and bamboo plantations and recreational
tourism on public land
(d) The provision of forestry extension services
(e) The fulfillment of any other activities either in the
Strategic Plan or as deemed necessary by the Board
(f) The payment of the salaries, allowances and other
charges in respect of the members of staff of the
Service;
(g) The payment of the pensions, gratuities and other
45
charges in respect of retirement benefits payable to

the members of staff of the Service;
(h) The proper maintenance of the buildings and
grounds of the Service;
(i) The proper maintenance, repair and replacement of
the equipment and other movable property of the
Service; and
(j) The creation of such reserve funds to meet future or
contingent liabilities in respect of retirement
benefits, insurance, replacement of buildings or
equipment, or in respect of such other matters as the
Board may deem fit.
(3) The annual estimates shall be submitted to the Cabinet

Secretary.
(4) No expenditure shall be incurred for the purposes of the

Service except in accordance with the annual estimates approved
under subsection (3), or in pursuance of an authorization of the
Board given with prior written approval of the Cabinet Secretary,
and the Cabinet Secretary responsible for the Treasury.
Accounts and audit. 92.(1) The Board shall cause to be kept proper books and other
records of accounts of the income, expenditure, assets and
liabilities of the Service.
(2) Within a period of three months after the end of each financial
year, the Board shall submit to the Controller and Auditor-
General the accounts of the Service, in respect of that year,
together with–
(a) A statement of income and expenditure during that

financial year; and
(b) A statement of the assets and liabilities of the

Service on the last day of that financial year.
(3) The accounts of the Service shall be examined, audited and

reported upon annually by the Controller and Auditor-General in
accordance with the provisions of the Public Audit Act, 2003.
Investment of funds. 93. The Board may–

(a) Invest any of the funds of the Service in securities
in which the Board may by law invest trust funds,
or in any other securities which the Treasury may,
from time to time, approve;
(b) Place on deposit, with such bank or banks as it may

determine, any moneys not immediately required
46
for the purposes of the Service.
PART XIV
OFFENCES AND PENALTIES
Offences . 94. (1) A person who contravenes a provision in this Act or any
regulation implementing these provisions, is guilty of an offence,
and is liable upon conviction to fines, imprisonment and other
penalties.
(2) Offenses under this Act and the Regulations shall be reported
to national and county law enforcement officers, and disciplined
staff of the Service.
Referral. 95. (1) The Service and the County government department
responsible for forestry shall promptly refer violations of the Act
and its Regulations to the Department responsible for justice.
(2) In lieu of making a referral, the Service may resolve a minor

violation committed on public land, and the County Government
Public Service responsible for forestry may resolve a minor
violation committed on community and private land, through the
assessment of an administrative penalty as established by
Regulation, when the offense:
(a) did not result in physical injury to any person;

(b) did not significantly harm the interests of a local
community; and
(c) did not result in significant damage to forest
resources or the environment; and
(d) when the violator consents to imposition of an
administrative penalty
Continuing Offences 96. (1) Any offense that is repeated shall be deemed a continuing
and Repeat offense subject to a separate penalty for each occurrence of the
Offenders
offense.
(2) A court shall, in determining the nature and extent of any

penalty imposed pursuant to this section, take into account any
past violations of the Act or its Regulations by the offender.
Liability of licence 97. (1) A holder of a forest resource licence is liable for acts
holders and committed in contravention to this Act by themselves, their
community forest
associations
operators, employees, agents, and contractors.
(2) A community forest association is liable for acts committed in

contravention to this Act by themselves, and their members, and
their operators, employees, agents, and contractors.
Prohibited activities 98. (1) Except under a forest resource licence granted under this
in forests on public Act, or with the permission of the community on community
47
land and community land, no person shall, in a forest –

land (a) fell, cut, take, burn, injure or remove any forest
produce;
(b) clear, cultivate or break up land for cultivation or
for any other purpose;
(c) erect any building or livestock enclosure, or
construct any road or path;
(d) set fire to, or assist any person to set fire to, any
grass or undergrowth or any forest produce;
(e) possess, bring or introduce any chain saw or
logging tools or equipment; and
(f) damage, alter, shift, remove or interfere in any way
whatsoever with any beacon, or boundary mark
(2) A person who contravenes the provisions of subsection (1) of
this section commits an offence and is liable on conviction to a
fine not exceeding {one hundred thousand} shillings or to
imprisonment for a term not exceeding six months, or to both
such fine and imprisonment.
(3) All timber or any forest products cut, gathered, collected,

removed, or possessed and all the conveyances, machinery,
equipment, implements, work animals, and tools used in
connection with this violation may be seized and confiscated in
favour of the Government.
(4) Except under a forest resource licence granted under this Act,
no person shall, in a forest on public land –
(a) enter or remain between the hours of 7 p.m. and 6

a.m. unless using a recognized road or footpath or
taking part in cultural, scientific or recreational
activities;
(b) enter any part which is by notice prohibited
(c) smoke, where smoking is by notice prohibited

fine not exceeding {fifty thousand} shillings or to imprisonment
for a term not exceeding three months, or to both such fine and
imprisonment.
Grazing livestock on 99. (1) A person who grazes livestock in forests on public lands
forest land without a without a valid license, or in forests on community land without
license.
the permission of the community, commits an offence and is
liable upon conviction to a fine not exceeding fifty thousand
shillings or imprisonment for a term of six months or to both, and
in addition, to confiscation of the livestock, and all equipment,
implements, and tools used in connection with this violation may
48
be seized and confiscated in favour of the Government.
(2) The livestock detained in subsection (1) above may be

auctioned at the expiry of seven days if not reclaimed by the
owner.
Setting fires 100 A person who wilfully or maliciously sets fire to a forest on
public, community or private land commits an offence and is
liable liable on conviction to a fine not exceeding {five hundred
thousand} shillings or to imprisonment for a term not exceeding
twelve months, or to both such fine and imprisonment.
Charcoal 101. (1) Any person who, not being a holder of a licence under
this Act, produces charcoal or offers for sale, sells or removes
charcoal in or from any public forest or community forest
commits an offence:
(2) Provided that this section shall not apply to any person who
within the public forest, community forest or private forest
produces charcoal for personal use only.
(3) A person who contravenes subsection (1) commits an offence

and is liable upon conviction to a a fine not exceeding {five
hundred thousand} shillings or to imprisonment for a term not
exceeding twelve months, or to both such fine and imprisonment.
Hunting animals in 102. (1) A person who hunts, or kills any animal, or is in
forests possession of any equipment or tools or is in possession of any
weapon or any poison for the purposes of capturing any animal,
in forests on public lands, or in forests on community land
without the permission of the community, commits an offence
and is liable liable on conviction to a fine not exceeding {three
hundred thousand} shillings or to imprisonment for a term not
exceeding twelve months, or to both such fine and imprisonment.
(2) Provided that the capture or killing of animals in subsection

(1) above does not prohibit the conditions of a valid licence or
permit issued under the Wildlife (Conservation and Management
Act) or its predecessor.
Unlawful affixing or 103. (1) No person shall without lawful authority-
defacing of marks
(a) mark any forest produce
(b) alter or removes an official mark, or stamp
(c) cover, remove or destroy any part of a tree or forest

produce bearing a an official stamp or mark

fine not exceeding {one hundred thousand} shillings or to
49
imprisonment for a term not exceeding {six months}, or to both

Unlawful operation 104. A person operating a wood processing plant or downstream
of wood processing forest-based industry without a valid licence commits an offence
plants or forest-based
industries.
and is liable upon conviction to a fine not exceeding one million
shillings or to imprisonment for a term not exceeding two years,
or to both such fine and imprisonment, and all the conveyances,
machinery, equipment, implements, and tools used in connection
with this violation may be seized and confiscated in favour of the
Government.
Counterfeiting 105. (1) No person shall –
(a) wear any uniform or part of a uniform, or a badge issued

by the Service or the County Government, or hold
themselves to be an employee of the Service or the
County Government
(b) counterfeit or issue without official authority any licence

or other document purporting it to be a licence or
document issued under this Act or rules

fine not exceeding {five hundred thousand} shillings or to
imprisonment for a term not exceeding {three years}, or to both
Misuse of forests 106. (1) No person shall –
(a) introduce any exotic genetic material or invasive

plants in a forest without authority of the Service or
the County Government
(b) dump any solid, liquid, toxic or other wastes in a

forest without authority of the Service or the
County Government
(c) grow any plant from which narcotic drugs can be

extracted

fine not exceeding {five million} shillings or to imprisonment for
a term not exceeding {ten years}, or to both such fine and
imprisonment.
Other offences and 107. A person who –
penalties
(a) commits a breach of this Act, or fails to comply
with its provisions;
50
(b) commits a breach of, or fails to comply with any of,

the terms or conditions of a licence issued to the
holder under this Act;
(c) fails to comply with a lawful requirement or
demand made or given by a forest officer of the
Service or a public officer of a County Government;
(d) obstructs a person in the execution of their powers
or duties under this Act;
commits an offence and is liable on conviction to a fine not

exceeding {five hundred thousand} shillings or to imprisonment
for a term not exceeding {two years}, or to both such fine and
imprisonment.
Review of penalties 108. (1) The Cabinet Secretary shall, in consultation with the
Cabinet Secretary responsible for finance, and Cabinet Secretary
responsible for justice, at least three months before the
commencement of each financial year, review penalties.
(2) The review under subsection (1) above shall recommend the
necessary adjustments to maintain the real monetary value of the
penalties.
Power to make 109. (1) The Cabinet Secretary may, by regulation, on the
regulations. recommendation of the Service and County governments,
prescribe anything which by this Act is required to be prescribed
or is necessary for the better carrying out of the provisions of this
Act.
(2) Without prejudice to the generality of subsection (1), the

Cabinet Secretary may make regulations providing for—
Repeal and savings. 110. (1) The Forest Act, 2005, is hereby repealed.
(2) Notwithstanding the repeal of the Forests Act, any licence

issued under that Act before the commencement of this Act shall
remain in force or be capable of acquiring force, as the case may
be, subject to the provisions of this Act, as if it were a licence
issued under this Act-
(a) All commercial licenses, contracts or agreements

that are currently being undertaken in public forests
will be renegotiated within one year in accordance
with the provisions of this Act.
(b) All commercial licenses, contracts or agreements

that have not been renegotiated and approved within
one year will be cancelled.
51
(c) All participatory forest management plans will be

revised to be in conformity with the provisions of
this Act.
(3) All property, except any such property as the Cabinet

Secretary may determine, which immediately before the
commencement of this Act was vested in the Government for the
use of the Kenya Forest Service shall, upon the taking effect of a
notice by the Cabinet Secretary published in the Gazette, and
without further assurance, vest in the Service, subject to all
interests, liabilities, charges, obligations and trusts affecting such
property
FIRST SCHEDULE- S 2, S 25
GAZETTED FOREST RESERVES
SECOND SCHEDULE- S 18(2)

CONDUCT OF BUSINESS AND AFFAIRS OF THE KFS
BOARD
52

NSTC - C1 - National Forestry Conservation and Management Bill (Draft)

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The National Forestry ( Conservation and Management) Bill, 2012

PART II- CLASSIFICATION AND MANAGEMENT OF FORESTS

PART III- MANAGEMENT AND USE OF PUBLIC FORESTS

26. Preparation of Forest Management Plans

PART IV- MANAGEMENT AND USE OF COMMUNITY FORESTS

PART V- MANAGEMENT OF PRIVATE FORESTS

PART VI- LICENSES

52. Standard Qualifications for Application for License

PART VII- TRADE IN FOREST PRODUCE

PART VIII- FOREST FEES

AN ACT of Parliament to provide for the sustainable exploitation, utilization,

BE IT ENACTED BY THE PARLIAMENT OF KENYA AS FOLLOWS-

Interpretation. 2.In this Act unless the context otherwise requires-

“Board” means the Board of the Kenya Forest Service

“Cabinet Secretary” means the Cabinet Secretary responsible for

“Commercial use” means any use of forest products or forest

‘Community forest’ includes-

(ii) Ancestral forestlands and forestlands

(iii) Lawfully held as trust land by the county

(iv) Such other forest that may be set aside as a

“Community forest association” means a group of persons who

“Concession” means the right of use granted to an individual or

“County” means a county established under article 176(1) of the

“Department” means the national Department for the time being

“Director-General” means the Director-General of the Kenya

“Farm forestry” means the practice of managing trees on farm

‘Forest’ means a unit of ecosystem in the form of lands

‘Forest Area’ means a certain area that is designated or stipulated

“Forest community” means a group of persons who have a

(ii) for which there is an approved forest management

(b) does not include land in urban areas, land in permanent

“Forest Manager” means a person responsible for the

(a) In the case of public forest, the Kenya Forest Service;

(b) In the case of community forest, the community; and

(c) In the case of a private forest, the owner or manager of

“Forest management plan”

(a) means a written document establishing direction and goals for

“Forest produce” means any material or item derived from forest

“Forest resources” means anything of practical, commercial,

“Indigenous forest” means a forest which has come about by

“Licencing authority” means the person responsible for the

(a) In the case of public forest, the Kenya Forest Service;

(b) In the case of community and private forest, the

‘Private forest’ includes-

(b) Forestland held by any person under leasehold tenure;

“Property mark” means a mark places on a log, timber or other

“Provisional forest” means any forest which has been declared a

‘Public forest’ includes-

(b) Forestland transferred to the State by way of sale,

(c) Forestland in respect of which no individual or

(d) A forest reserve or a protected area;

‘Service’ means the Kenya Forest Service established under

(2) Forest management is sustainable if it ensures biological

(a) In the exercise of any power or the performance

(b) In the development and implementation of

government policies affecting forests:

(c) In the exercise of any power or the performance

(d) In the issuing of a license or other authorization

(e) By any person required in terms of any

(2) An organ of State applying these principles shall—

(a) Take into account the differences between

(b) Recognize that conservation of biological