Forest Conservation and Management Act

Section 1. Citation Section This Act may be cited as the Forest Conservation and Management Act.

Section 2. Interpretation Section In this Act unless the context otherwise requires— “benefits” mean quantifiable and non-quantifiable goods and services provided by forest ecosystems; "Board” means the Board of the Kenya Forest Service; "Cabinet Secretary” means the Cabinet Secretary responsible for matters relating to forestry; "chain of custody” means the channel through which products are distributed, tracked and monitored from their origin in the forest to their end-use; “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” means a clearly defined group of users of forest land identified on the basis of ethnicity, culture or similar community of interests as provided under Article 63 of the Constitution; "community forest association” means a group of local persons who have registered as an association or other organization established to engage in forest management and conservation; “concession agreement” means authorization which is a long te...

Section 3. Application of the Act Section This Act shall apply to all forests on public, community and private lands.

Section 4. Guiding Principles Section good governance in accordance with Article 10 of the Constitution;

Section 5. Public Forest Policy Section 5(1) The Cabinet Secretary shall, in consultation with the county government and relevant stakeholders, develop a national forest policy for the sustainable use of forests and forest resources. Section 5(2) At least once in every five years, the Cabinet Secretary shall cause the forest policy to be reviewed in consultation with the county government.

Section 6. Public Forest Strategy Section 6(1) The Cabinet Secretary shall, within one year of the commencement of this Act and every five years thereafter, following public participation, formulate a public forest strategy. Section 6(2) The object of the Forest Strategy shall be to provide the Government's plans and programs for the protection, conservation and management of forests and forest resources. Section 6(3)(a) measures for the protection, conservation, and management of forests and forest resources; Section 6(3)(a)(i) measures for the protection, conservation, and management of forests and forest resources; Section 6(3)(a)(ii) minimum forest reserve areas at national and county levels; Section 6(3)(a)(iii) programmes for achievement and maintenance of tree cover of at least ten per cent of the land area of Kenya; Section 6(3)(a)(iv) institutional capacity for forest research and technological development; Section 6(3)(a)(v) functional responsibility for national and county governments in relation to forest resources management; and Section 6(3)(a)(vi) any other matters the Cabinet Secretary considers necessary. Section 6(4)(a) prepare and issue an annual report on the st...

Section 7. Establishment of the Kenya Forest Service Section 7(1) There is established a service to be known as the Kenya Forest Service. Section 7(2)(a) suing and being sued; Section 7(2)(b) taking, purchasing or otherwise acquiring, holding, charging or disposing of moveable and immovable property; Section 7(2)(c) entering into contracts; and Section 7(2)(d) 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.

Section 8. Functions of the Service Section conserve, protect and manage all public forests in accordance with the provisions of this Act;

Section 9. The Board Section 9(1)(a) a chairperson, appointed by the President; Section 9(1)(b) the Principal Secretary responsible for forestry or a designated representative; Section 9(1)(c) the Principal Secretary responsible for National Treasury or a designated representative; Section 9(1)(d) the Inspector-General of the National Police Service or a designated representative; Section 9(1)(e) the Director of the Kenya Forestry Research Institute or a designated representative; Section 9(1)(f) the Chief Conservator of Forests who shall be the secretary to the Board but shall not have a vote; and Section 9(1)(g) one shall be nominated by the Forestry Society of Kenya; Section 9(1)(g)(i) one shall be nominated by the Forestry Society of Kenya; Section 9(1)(g)(ii) one shall be nominated by a national body representing community forest associations; Section 9(1)(g)(iii) one shall represent the forest industry; and Section 9(1)(g)(iv) one person nominated by the Council of Governors. Section 9(2)(a) holds a minimum of a bachelors degree from a university recognized in Kenya; Section 9(2)(b) management of natural resources; Section 9(2)(b)(i) management of natural resources; Section 9...

Section 10. Powers of the Board Section invest any moneys of the Service not immediately required for the purposes of this Act;

Section 11. Committees of the Board Section 11(1) The Board may from time to time establish committees for the better carrying out of its functions. Section 11(2) The Board may, with the approval of the Cabinet Secretary, co-opt into the membership of committees established under subsection (1) other persons whose knowledge and skills are found necessary for the functions of the Board. Section 11(3) The Board may, by resolution either generally or in any particular case, delegate to any committee of the Board or to any member, officer, employee or agent of the Board, the exercise of any of the powers of the Board or the performance of any of the functions or duties of the Board.

Section 12. Conduct of business and affairs of the Board Section The business and affairs of the Board shall be conducted in accordance with the First Schedule to this Act.

Section 13. Remuneration and allowances of Board members Section A member of the Board shall be paid such remuneration or allowances, as the Salaries and Remuneration Commission may recommend.

Section 14. The Chief Conservator of forests of the Service Section 14(1) There shall be a Chief Conservator of Forests of the Service who shall be publicly and competitively recruited and appointed by the Board with the approval of the Cabinet Secretary. Section 14(2)(a) is a citizen of Kenya; Section 14(2)(b) satisfies the requirements of Chapter six of the Constitution; Section 14(2)(c) possesses a first degree in forestry from a university recognized in Kenya; and Section 14(2)(d) has at least ten years professional experience in the relevant field at management level. Section 14(3) The Chief Conservator of Forests shall hold office for a term of four years, and be eligible for re-appointment for a further term of four years. Section 14(4) The Chief Conservator of Forests shall, subject to the direction of the Board, be responsible for the day to day management of the Service. Section 14(5) The Chief Conservator of Forests shall, subject to the direction of the Board, be responsible for the direction of the affairs and transactions of the Service and the exercise, discharge and performance of its objectives, functions and duties.

Section 15. Staff of the Service Section The Board may appoint such officers and other staff of the Service as are necessary upon such terms and conditions of service as the Board, on the recommendation of the Salaries and Remuneration Commission, may determine.

Section 16. Uniformed and disciplined staff Section 16(1) The Board may, on the recommendation of the Cabinet Secretary responsible for matters related to internal security, designate a specific cadre of the staff of the Service to be a uniformed and disciplined force. Section 16(2) The Board may prescribe a disciplinary code for the cadre of staff designated under this section to be a uniformed and disciplined force. Section 16(3) In the performance of their functions and the exercise of their powers, the rights of the cadre of staff designated under this section may be limited in accordance with the provisions of Article 24(5) of the Constitution.

Section 17. Kenya Forestry College Section 17(1)(a) provide forestry education; Section 17(1)(b) provide vocational and technical training courses in forest conservation, and the management and sustainable utilization of forests; and Section 17(1)(c) provide training in the protection of forests and allied natural resources. Section 17(2) The College shall develop training programmes from certificate to diploma level in forest management and utilization. Section 17(3) The College shall, in consultation with stakeholders, design training programmes to support apprenticeship and vocational training in the forest sector including short courses for communities, private forest owners and forest industries. Section 17(4) The Board shall formulate policies for the administration and management of the College.

Section 18. Honorary foresters Section 18(1) The Cabinet Secretary may, on recommendation of the Board, appoint suitable volunteers to be honorary foresters. Section 18(2)(a) be appointed by notice in the Gazette ; Section 18(2)(b) hold office, subject to such conditions as the Cabinet Secretary may prescribe, for a period of three years; and Section 18(2)(c) have such functions as may be prescribed by rules made under this Act.

Section 19. Protection from personal liability Section 19(1) No matter or thing done by any member of the Board, officer, employee or agent of the Service shall, if the matter or thing is done in good faith for executing the functions, powers or duties of the Service, render the member, officer, employee, agent or any person acting on their directions personally liable to any action, claim or demand whatsoever. Section 19(2) Any expenses incurred by any person in any suit or prosecution brought against him or her in any court, in respect of any act which is done or purported to be done by him or her under the direction of the Board, shall if the court holds that such act was done in good faith, be paid out of the funds of the Service, unless such expenses are recovered by him or her in such suit or prosecution. Section 19(3) For the avoidance of doubt, nothing in this section shall exempt a member of the Board, officer, employee or agent of the Service from individual responsibility for unlawful or criminal acts committed by that member of the Board, officer, employee or agent of the Service.

Section 20. Forest conservation areas and committees Section 20(1) The Board shall establish forest conservation areas for the proper and efficient management of forests and may divide such conservation areas into ecosystems. Section 20(2) There shall be established a forest conservation committee in respect of each forest conservation area. Section 20(3)(a) make recommendations to the Board and to the relevant county government in relation to the conservation and utilisation of forests; Section 20(3)(b) identify and recommend areas to be set aside for the creation of public forests; and Section 20(3)(c) perform any other function that may be assigned to it by the Board. Section 20(4)(a) a chairperson appointed by the Board; Section 20(4)(b) the relevant county executive committee member responsible for forestry or their designated representative; Section 20(4)(c) the relevant forest officer in-charge; Section 20(4)(d) relevant community forest associations; Section 20(4)(d)(i) relevant community forest associations; Section 20(4)(d)(ii) relevant forest industries in the forest conservation area; and Section 20(4)(d)(iii) relevant civil society organizations involved in forest cons...

Section 21. Forestry functions of County Governments Section 21(1)(a) shall implement national policies on forest management and conservation; Section 21(1)(b) shall manage all forests on public land defined under Article 62(2) of the Constitution; Section 21(1)(c) shall prepare an annual report, with the approval of the County Assembly, for the Service on the activities of the county government in relation to this Act and any national policies on forest management and conservation; Section 21(1)(d) shall promote afforestation activities in the county; Section 21(1)(e) shall advice and assist communities and individuals in the management of community forests or private forests; and Section 21(1)(f) may enter into joint management agreements with communities or individuals for the management of community forests or private forests. Section 21(2) A county assembly may enact legislation for the better carrying into effect of the provisions of this section. Section 21(3) The Service may if requested, collaborate, partner or offer assistance to the County Government for the better carry out the provisions of this Act.

Section 22. Forestry research and development Section 22(1) The Kenya Forestry Research Institute, as established under the Science, Technology and Innovation Act (Cap. 511), shall be the agency in forestry research and development. Section 22(2) The Institute shall develop research and development programmes to provide information and technologies for sustainable development of forestry and allied natural resources. Section 22(3)(a) prepare forestry research and development strategies for the country; Section 22(3)(b) conduct expert training courses in forestry and allied natural resources; Section 22(3)(c) disseminate research findings to support forestry development in the country and counties; and Section 22(3)(d) participate in the development and monitoring of national forest standards. Section 22(4) The Institute shall, on a regular basis, compile and submit a report for the Cabinet Secretary relating to forestry research and development.

Section 23. Funds of the Service Section such moneys as may be appropriated by Parliament for the purposes of the Service;

Section 24. Financial Year Section The financial year of the Service shall be the period of twelve months ending on the thirtieth June in each year.

Section 25. Annual Estimates Section 25(1) At least two months before the end of each financial year, the Board shall cause to be prepared estimates of the revenue and expenditure of the Service for that financial year. Section 25(2)(a) preparation and operationalization of management plans for all public forests; Section 25(2)(b) protection and conservation of all indigenous forests in public forests; Section 25(2)(c) development and promotion under licence of timber and bamboo plantations and recreational tourism in public forests; Section 25(2)(d) fulfillment of any other activities either in the Strategic Plan or as deemed necessary by the Board; Section 25(2)(e) payment of the salaries, allowances and other charges in respect of the members of staff of the Service; Section 25(2)(f) payment of the pensions, gratuities and other charges in respect of retirement benefits payable to the members of staff of the Service; Section 25(2)(g) proper maintenance of the buildings and grounds of the Service; Section 25(2)(h) proper maintenance, repair and replacement of the equipment and other movable property of the Service; Section 25(2)(i) creation of such reserve funds to meet future or...

Section 26. Accounts and audit Section 26(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. Section 26(2)(a) income and expenditure during that financial year; and Section 26(2)(b) assets and liabilities of the Service on the last day of that financial year. Section 26(3) The accounts of the Service shall be examined, audited and reported upon annually by the Auditor-General in accordance with the provisions of the law relating to public audit.

Section 27. Forest Conservation and Management Trust Fund Section 27(1) There is hereby established a fund to be known as the Forest Conservation and Management Trust Fund. Section 27(2)(a) community forestry programmes; Section 27(2)(b) reforestation and afforestation programmes; Section 27(2)(c) forestry extension programmes; Section 27(2)(d) apprenticeships and vocational training; and Section 27(2)(e) programmes for payment for ecosystem services. Section 27(3) The Cabinet Secretary shall make rules for the management of the Trust Fund.

Section 28. Sources of funds Section monies from time to time appropriated by Parliament for purposes of the Fund;

Section 29. Management of the Trust Fund Section 29(1) The Trust Fund shall be managed by a Board of Trustees appointed by the Cabinet Secretary. Section 29(2)(a) a chairperson and four other members appointed by the Cabinet Secretary in an open and competitive process; Section 29(2)(b) the Director-General or a designated representative, who shall be an ex officio member of the Board; and Section 29(2)(c) the principal Secretary responsible for forestry who shall be an ex officio member of the Board. Section 29(3)(a) determine the amounts of money payable in respect of any purpose for which the Fund is established and formulate the conditions for disbursement; Section 29(3)(b) make necessary investments from the Fund for the realisation of the Fund's objectives, in securities approved from time to time by the National Treasury; and Section 29(3)(c) keep and maintain audited accounts of the Fund and publish such accounts in such manner as may be approved by the National Treasury. Section 29(4) The Cabinet Secretary shall make regulations for the management and administration of the Fund.

Section 30. Classification of forests Section 30(1) Forests may be classified as public, community or private forests. Section 30(2)(a) public forests classified under Article 62 (1)(g) of the Constitution; and Section 30(2)(b) forests on land between the high and low water marks classified under Article 62 (1)(1) of the Constitution. Section 30(3)(a) forests on land lawfully registered in the name of group representatives; Section 30(3)(b) forests on land lawfully transferred to a specific community; Section 30(3)(c) forests on any other land declared to be community land by an Act of Parliament; Section 30(3)(d) forests on land that is lawfully held, managed or used by specific communities as community forests; Section 30(3)(e) forests on ancestral lands and lands traditionally occupied by hunter-gatherer communities; and Section 30(3)(f) forests lawfully held as trustland by the county governments, but not including any public land held in trust by the county governments under Article 62 (2) of the Constitution. Section 30(4)(a) forests on registered land held by any person under any freehold tenure; Section 30(4)(b) forests on land held by any person under leasehold tenure; Sec...

Section 31. Creation and management of public forests Section 31(1) All public forests in Kenya are vested in the Service, subject to any rights of user in respect thereof, which by or under this Act or other written law, have been or are granted to any other person. Section 31(2) The Cabinet Secretary may, on the recommendation of the Board and after consultation with the National Land Commission declare through a Gazette notice any un-alienated public land or any land purchased or otherwise acquired by the Service to be a public forest.

Section 32. Management of community forests Section 32(1) All community forests shall be vested in the community, subject to any rights of user in respect thereof, which by or under this Act or other written law, have been or are granted to any other person. Section 32(2) The Service shall register each community forest in accordance with Regulations prescribed in accordance with this Act. Section 32(3) The Service shall notify the relevant county government of the registration of a community forest as soon as is practicable of the registration. Section 32(4)(a) to the county government for technical advice regarding appropriate forestry practices and conservation; or Section 32(4)(b) to the Fund, subject to availability of funds, loans from the Fund for the development of the forest. Section 32(5) A community that establishes or owns a community forest may apply to the relevant authorities for exemption from payment of all or part of the land rates and such other charges as may be levied in respect of the land on which the forest is established.

Section 33. Management of private forests Section 33(1) A person who owns a private forest, including a forest in the course of establishment, on land owned by the person, may apply to the Service for registration of the forest under this section. Section 33(2) The Service shall register a forest under subsection (1) where the forest meets the criteria prescribed in rules made under this Act. Section 33(3)(a) to the Service for technical advice regarding appropriate forestry practices and conservation; or Section 33(3)(b) to the Fund, subject to availability of funds, loans from the Fund for the development of the forest, Section 33(4) A person who establishes or owns a private forest may apply to the relevant authorities for exemption from payment of all or part of the land rates and such other charges as may be levied in respect of the land on which the forest is established.

Section 34. Variation of boundaries or revocation of public forests Section 34(1) Any person may petition the National Assembly for the variation of boundaries of a public forest or the revocation of the registration of a public forest or a portion of a public forest. Section 34(2)(a) endanger any rare, threatened or endangered species; or Section 34(2)(b) adversely affect its value as a water catchment area; and prejudice biodiversity conservation, cultural site protection of the forest or its use for educational, recreational, health or research purposes. Section 34(2A) A petition under subsection (1) shall only be forwarded to the National Assembly on the recommendation of the Service. Section 34(3) A petition made under subsection (1) shall be considered in accordance with the provisions of the Petitions to Parliament (Procedure) Act and the Standing Orders of the National Assembly. Section 34(4)(a) the petition being subjected to an independent Environmental Impact Assessment; and Section 34(4)(b) public consultation being undertaken in accordance with the Second Schedule. Section 34(5)(a) does not disclose a ground for the variation of the boundaries of a public forest or the...

Section 35. Declaration and reversion of provisional forests Section 35(1) Upon the recommendation of the Service or the relevant county government, the Cabinet Secretary may, by notice in the Gazette , declare any community or private forest, which in the opinion of the Service is mismanaged or neglected, to be a provisional forest. Section 35(2)(a) is an important catchment area or a source of water springs; Section 35(2)(a)(i) is an important catchment area or a source of water springs; Section 35(2)(a)(ii) is rich in biodiversity and contains rare, threatened or endangered species; Section 35(2)(a)(iii) is of cultural or scientific significance; or Section 35(2)(a)(iv) supports an important industry and is a source of livelihood for the surrounding forest communities; and Section 35(2)(b) the Chief Conservator of Forests has issued a notice requiring the forest owner, as the case may be, to undertake specific silvicultural practices to improve the forest, and such notice has not been complied with, or the forest owner is unable to undertake the specified practices. Section 35(3) A provisional forest shall be managed by the Service in collaboration with the owner thereof for a p...

Section 36. Exchange of forest area with private land Section 36(1)(a) the exchange enhances the efficient management and protection of the forest; Section 36(1)(b) the exchange is equitable to the Service and the land owner, according to an independent valuation; Section 36(1)(c) an independent Environmental Impact Assessment has been conducted and has shown that such exchange shall not adversely affect the environment; and Section 36(1)(d) the forest area to be exchanged does not contain rare, threatened or endangered species and is not a water catchment area or a source of springs. Section 36(2) The Service may, with the approval of the Cabinet Secretary, acquire by purchase any land suitable to be declared a public forest in accordance with this Act. Section 36(3) No purchase or exchange shall be transacted under this section unless prior public consultation is carried out in accordance with the Second Schedule. Section 36(4) The Service may enter into an arrangement with the owner of public forest for the management of the forest.

Section 37. Arboreta and recreational parks Section 37(1) Every County Government shall, establish and maintain arboreta, green zones or recreational parks for use by persons residing within its area of jurisdiction. Section 37(2) For the purposes of subsection (1), every County Government shall cause housing estate developers within its jurisdiction to make provision for the establishment of green zones at the rate of at least five percent of the total land area of any housing estate intended to be developed. Section 37(3) Every County Government shall, establish and maintain a recreational park in every market centre within its area of jurisdiction. Section 37(4) The Service shall facilitate and initiate the provision of technical assistance in the establishment and maintenance of green zones, recreational parks and arboreta by County Governments. Section 37(5) No arboretum or recreational park shall be converted to any other use unless the County Department responsible for forestry, consults the residents of the area in the jurisdiction within which such arboretum, green zones or recreational park is situated. Section 37(6) For purposes of this section, a County Department respo...

Section 38. Donations and bequests Section 38(1) Any person who is registered as proprietor of land in accordance with the provisions of any written law may donate or bequeath all or part of that land to the Service, County Department responsible for forestry, an educational institution, an association or a non-governmental organisation for the development of forestry and the conservation of biodiversity. Section 38(2) The forest established on the land so donated or bequeathed under subsection (1) shall be gazetted in accordance with this Act. Section 38(3) The forest or land so donated or bequeathed shall not be used for any purpose other than the establishment and conservation of forests as originally desired by the previous owner.

Section 39. Declaration of nature reserves Section 39(1) The Cabinet Secretary may, upon the recommendation of the Board of the Service and after consultation with the relevant County Government and relevant stakeholders, by notice in the Gazette , declare any national, county, community or private forest, as a nature reserve. Section 39(2) Where a nature reserve is to be declared by the Cabinet Secretary within community or private land, the Cabinet Secretary shall make prior arrangements for compensation to the forest owner. Section 39(3)(a) the conservation of forestland of particular environmental, cultural, scientific or other special significance; Section 39(3)(b) the preservation of biological diversity and threatened or endangered species. Section 39(4)(a) publish in the Gazette and in at least two newspapers of nationwide circulation a notice of the intention to make the order; and Section 39(4)(b) invite comments from members of the public. Section 39(5) The Cabinet Secretary shall in consultation with the Service take into account any comments received before making an order under this section. Section 39(6) Whenever the Cabinet Secretary proposes to amend or revoke the...

Section 40. Protection of tree species Section 40(1) The Cabinet Secretary, on the advice of the Kenya Forestry Research Institute, by order published in the Gazette , declare any tree species or family of tree species to be protected in the whole country or in specific areas thereof, and shall cause this information to be disseminated to the public. Section 40(2) No person shall fell, cut, damage or remove, trade in or export or attempt to export any protected tree species or family of trees or regeneration thereof or abet in the commission of any such act. Section 40(3) The provisions of subsection (1) shall be reversed when the Cabinet Secretary, on the advice of the Kenya Forestry Research Institute, is satisfied that the protection is no longer necessary. Section 40(4) The Cabinet Secretary may prescribe Regulations or guidelines for the protection and regeneration of a protected tree species. Section 40(5) Any person who fells, cuts, damages or removes, trades in or exports or attempts to export any protected tree, species or family of trees or regeneration thereof, or abets the commission of such act, commits an offence. [Act No. 18 of 2018 , Sch.]

Section 41. Joint management of forests Section 41(1) A forest owner may enter into an agreement with any person for the joint management of any forests for a period to be specified in the agreement. Section 41(2) The agreement referred to in subsection (1) may enjoin such person to use or refrain from using such forest or any part thereof in order to ensure the conservation of biodiversity: Provided that where an agreement enjoins such person to use or refrain from using the forest in any particular manner, it shall contain modalities of payment of compensation to such person for any loss incurred thereby. Section 41(3) Where any person enters into an agreement in accordance with subsection (1) of this section, the agreement shall be enforceable against such person or his successors in title, assignees or any or all other persons deriving title from him. Section 41(4) Nothing in this section shall render enforceable any conservation agreement entered into under subsection (1) where the use of such forest in accordance with such agreement contravenes the provisions of any law for the time being in force, or is inconsistent with any prior agreement relating to the use of such forest...

Section 42. Management of indigenous forests Section 42(1)(a) conservation of water, soil and biodiversity; Section 42(1)(b) riparian and shoreline protection; Section 42(1)(c) cultural use and heritage; Section 42(1)(d) recreation and tourism; Section 42(1)(e) sustainable production of wood and non-wood products; Section 42(1)(f) carbon sequestration and other environmental services; Section 42(1)(g) education and research purposes; Section 42(1)(h) habitat for wildlife in terrestrial forests and fisheries in mangrove forests. Section 42(2) In pursuance of subsection (1), the Service shall, in consultation with the forest conservation committee for the area where the indigenous forest is situated, prepare forest management plans. Section 42(3) The Service may enter into a joint management agreement for the management of any indigenous forest or part thereof with any person, institution, government agency or forest association.

Section 43. Management of plantation forests Section 43(1) All plantation forests in a public forest shall be managed on a sustainable basis for the production of wood and other forest products and services for commercial purposes. Section 43(2) Where the Service is satisfied that all or part of a public forest which is a plantation forest may be efficiently managed through a licence, concession, contract, joint agreement, it may place an advertisement in at least two daily newspapers of national circulation calling for applications from interested persons for the management of the public forest. Section 43(3) An applicant for the management of a public forest in accordance with this section shall submit the application together with a proposed management plan in respect of the forest. Section 43(4) A person aggrieved by the decision of the Service in relation to the application made in accordance with this may appeal to the Environment and Land Court within sixty days of the decision. Section 43(5) A licence, concession, contract or joint management agreement made in accordance this section shall comply with the Constitution, this Act and any relevant written law. Section 43(6) Th...

Section 44. Concession on public forests Section 44(1) Where the Service is satisfied that utilization of a public forest can be done through the granting of a concession, the Service shall grant the concession subject to the provisions of the Constitution, this Act and any other relevant written law. Section 44(2)(a) the proposal has been subjected to an independent environmental impact assessment; and Section 44(2)(b) public consultation in accordance with the Second Schedule has been undertaken and completed. Section 44(3)(a) comply with the guidelines or management plans prescribed by the Service; Section 44(3)(b) prepare environmental and social impact assessments as may be required under any other written law; Section 44(3)(c) prepare a concession area forest management plan that shall include inventories, reforestation or replanting programmes, annual operation plans and community user rights and benefits; Section 44(3)(d) protect the concession area from destruction and encroachment by any other person; Section 44(3)(e) ensure that the forest areas under his management are maintained for the conservation of biodiversity, cultural or recreational use; Section 44(3)(f) mainta...

Section 45. Forest management agreements Section 45(1) The Service may advertise, receive applications from any person, institution or organization and through a competitive process, approve and enter into an appropriate management agreement for all or part of a public forest. Section 45(2)(a) the period for which the forest shall be managed; Section 45(2)(b) the terms and conditions under which the applicant shall manage the forest; Section 45(2)(c) any royalties and charges payable in respect thereof to the Service; Section 45(2)(d) the mechanism for settlement of disputes arising in respect of the agreement; Section 45(2)(e) the circumstances under which the agreement may be terminated; and Section 45(2)(f) the benefits which the applicant shall extend to the local community. Section 45(3) Nothing in this section shall be deemed to transfer or to vest in any person, institution, or organisation any right of ownership of any land declared to be a public, other than the privilege of management and control. Section 45(4) No management agreement shall convert a public forest into a settlement area. Section 45(5) The Cabinet Secretary may prescribe Regulations to give effect to this...

Section 46. Consent for quarrying Section 46(1)(a) the area does not contain rare, threatened or endangered species; Section 46(1)(b) the forest does not have any cultural importance or contain sacred trees or groves; Section 46(1)(c) an independent Environmental Impact Assessment or audit has been carried out; Section 46(1)(d) the forest is not an important catchment area or source of springs: Provided that the Cabinet Secretary shall, on the recommendation of the Service, and in consultation with the Cabinet Secretary responsible for environment, and the relevant government agencies, publish rules to Regulate and govern quarrying operations in forest areas; and Section 46(1)(e) the carrying on of the quarrying operations shall not contravene any Regulations made in accordance with this Act. Section 46(2) Subject to subsection (1), quarrying may be carried out in a public forest under the authority of a licence issued by the Service and in accordance with any other relevant written law. Section 46(3) A licence under subsection (2) shall not be issued unless the applicant has implemented safety measures to prevent injury to human beings, livestock and wildlife traversing the forest...

Section 47. Management plans Section 47(1) Every public forest, nature reserve and provisional forest shall be managed in accordance with a management plan that complies with the requirements prescribed by Regulations made by the Cabinet Secretary. Section 47(2) The Service shall be responsible for the preparation of a management plan with respect to each public forest, nature reserve and provisional forest. Section 47(3) Every county government shall be responsible for the preparation of a management plan with respect to forests in the county. Section 47(4) A community that owns a community forest may prepare a management plan for that community forest or it may request the relevant county government to prepare a management plan for the community forest. Section 47(5) In preparing a management plan, the Service shall consult with the relevant forest conservation committees. Section 47(6) The Chief Conservator of Forests and relevant county governments shall supervise the implementation of forest management plans for public forests in the case of the Chief Conservator of Forests and community and private forests in the relevant county in the case of the county government.

Section 64. Prohibited activities in forests Section 64(1)(a) fell, cut, take, burn, injure or remove any forest produce; Section 64(1)(b) be or remain therein between the hours of 7 p.m. and 6 a.m. unless using a recognised road or footpath, or is taking part in cultural, scientific or recreational activities; Section 64(1)(c) erect any building or livestock enclosure, except where the same is allowed for a prescribed fee; Section 64(1)(d) smoke, where smoking is by notice prohibited, or kindle, carry or throw down any fire, match or other lighted material; Section 64(1)(e) de-pasture or allow any livestock to be therein; Section 64(1)(f) clear, cultivate or break up land for cultivation or for any other purpose; Section 64(1)(g) enter any part thereof which may be closed to any person; Section 64(1)(h) collect any honey or beeswax, or hang on any tree or elsewhere any honey barrel or other receptacle for the purpose of collecting any honey or beeswax, or enter therein for the purpose of collecting honey and beeswax, or be therein with any equipment designed for the purpose of collecting honey or beeswax; Section 64(1)(i) construct any road or path; Section 64(1)(j) set fire to, o...

Section 65. Counterfeiting or unlawfully affixing marks Section marks any forest produce, or affixes upon any forest produce, a mark ordinarily used by a forest officer to indicate that the forest produce is the property of the Service or the County Department responsible for forestry, or that it may or has been lawfully cut or removed;

Section 66. Offences in relation to quarrying Section Any person who contravenes the provisions of this Act in relation to activities in forest areas relating to quarrying or re-vegetation commits an offence and shall be liable on 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.