Discuss the national legal and policy framework that governs FOREST CONSERVATION

AND MANAGEMENT
Kenya has a wide range of forests, from coastal forest, through central high mountain forests to
the thick wet rainforests of the West. These forests support more than just a diverse range of tree
and plant species; they are also the territory of a wide range of wildlife, from rare chameleons to
elephant herds, elusive leopards to colorful butterflies, monkey families and prolific birdlife1.
The Constitution of Kenya under chapter 5 part 2, provides for natural resources and the
environment. It sets out obligations of the state with such regard that the state is to ensure
sustainable exploitation, utilization, management and conservation of the environment and
natural resources, work to achieve a tree cover of at least 10% of the land area of Kenya,
encourage public participation in the management, protection and conservation of the
environment, establish systems of environmental impact assessment and eliminate processes and
activities that are likely to endanger the environment2.
Kenya Forest Service is a State Corporation established in February 2007 under the Forest Act
2005 to conserve, develop and sustainably manage forest resources for Kenya's social-economic
development. The KFS management structure comprises 10 conservancies that are ecologically
demarcated, 76 Zonal Forest Offices, 150 forest Stations, and 250 divisional forest extension
offices located countrywide, and critical in forest management and surveillance. To participate in
forest management, forest adjacent communities have formed registered groups and are currently
working with KFS to sustainably manage forest resources. In total, there are 325 community
forest associations3.
An Act of Parliament to provide for the establishment, development and sustainable
management, including conservation and rational utilization of forest resources for the socioeconomic development of the country4.
Kenya Forest Service is a State Corporation established in February 2007 under the Forest Act,
2005 to conserve develop and sustainably manage forest resources for Kenyas social-economic
development. Part II section 7 outlines the function of Kenya Forest Service which includes;

1 http://old.magicalkenya.com/default.nsf/doc11/4?opendocument&l=1&e=4
2 Constitution of Kenya, 2010
3 http://www.kenyaforestservice.org/
4 Preamble, Forests Act, 2005/ Preamble, The Forest Conservation and Management
Bill, 2015

 Conserving, protecting and managing all public forests, preparing and implementing
management plans for all public forests, assessing applications for the use of forests and
forest resources, establishing and implementing benefit sharing arrangements
Assist County Governments to build capacity for forestry development on community
and private lands; develop programmes for tourism and for recreational and ceremonial
use of public forests
Promote forestry education and training, register and maintain a register of all
management plans on public land, identify research needs and apply research findings,
mange water catchment areas, enforce the provisions of the Act and any forestry and land
rules and regulations
Train prosecutors for purposes of prosecuting court cases under the Act, prepare a forest
status report and a resource Assessment report after every two and five years
respectively5.
The Kenya Forest Service, as provided for under the Act, shall be managed by a Board with a
mandated function of;

Ensure effective management of the Service

Approve the policies of the Service affecting forestry practice and development
Consider all management agreements
Negotiate for financial and other incentives for the advancement of the forestry-related
activities of private persons, companies, communities and non-governmental
organizations
Develop modalities and guidelines for joint management of forests between the Service,
County Governments, government agencies, private sector and forest communities
Establish forest conservancy areas for purposes of conservation and management6.
The Bill empowers the Service (KFS) or the County Department responsible for forestry, upon
application and approval to enter into an agreement with any person, institution or organization,
for part or entire forest under its jurisdiction. It state that The Service or the County Department
responsible for forestry may, upon application by any person, institution of organization, and
after the approval by the Service or County Department responsible for forestry has been
obtained, enter into an appropriate management agreement for all or part of any forest within its
jurisdiction7.

5 Volunteers for Africa, Policy Brief, A critique of the Forest Conservation and
Management Bill 2014
6 Section 9, Forest Conservation and Management Bill, 2015
7 Section 46 (1), ibid

A Key opportunity under the Bill is the requirement for intensive stakeholder participation in
decision-making. The Bill requires public consultation for all major forest decisions under the
Second schedule, and prescribes an elaborate procedure for the public to present various issues
before decisions are made and published. Another Key avenue for community involvement in
decision-making is the Forest Conservation Committee (FCC). The FCC has representation from
major stakeholders such as community forest associations, forest industries, Civil Society
organizations, County Chief officer and the forest officer. The FCC communicates opinions of
the communities to the board on forest issues, and is involved in day-today forestry decisionmaking at the conservancy level. This provides an avenue through which locals interests in
national forest issues will find an expression at the forest board. The committee also must
approve major decisions such as alteration of forest boundaries and applications for private forest
development incentives before the board (Section 20). Another opportunity for communities
involvement in forest management and decision making is the County Forest Conservation
Committee (CFCC). The bill also creates opportunity for the public to participate in the
development of guidelines on incentive and benefits sharing under section 55 (4)8.
The Board shall establish forest conservancy areas for the proper and efficient management of
forests and may divide such conservancy areas into ecosystems. There shall be established a
forest conservation committee in respect of each conservancy area. The functions of the forest
conservation committee shall be to;
advise the Board and the County Governments on the ideas, desires and opinions of the
people within the forest conservancy areas in all matters relating to the conservation and
utilization of forests within such area
monitor the implementation of this Act and other forest regulations within the area
review and recommend to the Board applications for licenses and renewals
Monitor the management of national forests in the relevant conservancy area
Monitor the management of national forests in the relevant conservancy area
identify and recommend areas to be set aside for the creation of national forests
perform such other functions as the Board may require or delegate to it9

8 Volunteers for Africa, Policy Brief, A critique of the Forest Conservation and
Management Bill 2014
9 Section 20, Forest Conservation and Management Bill, 2015