Wildlife Conservation and Management Act

Section 1. Short title Section This Act may be cited as the Wildlife Conservation and Management Act.

Section 2. Application Section This Act shall apply to all wildlife resources on public, community and private land, and Kenya territorial waters.

Section 3. Interpretation Section in relation to public land, the National Land Commission;

Section 4. General principles Section Wildlife conservation and management shall be devolved, wherever possible and appropriate to those owners and managers of land where wildlife occurs;

Section 5. National wildlife conservation and management strategy Section 5(1) The Cabinet Secretary shall, subject to subsection (5), formulate and publish in the Gazette a national wildlife conservation and management strategy at least once every five years, in accordance with which wildlife resources shall be protected, conserved, managed and regulated. Section 5(2)(a) measures for the protection of wildlife species and their habitats and ecosystems; Section 5(2)(b) norms and standards for ecosystem-based conservation plans; Section 5(2)(c) measures facilitating community-based natural resources management practices in wildlife conservation and management; Section 5(2)(d) priority areas for wildlife conservation and projections on increasing designated wildlife conservation areas in form of national parks, national reserves, conservancies and sanctuaries; Section 5(2)(e) innovative schemes and incentives to be applied in securing identified critical wildlife migratory routes, corridors and dispersal areas for sustainable wildlife conservation and management; Section 5(2)(f) clear targets indicating projection in terms of specific percentage of landscape and seascape to be brough...

Section 6. Kenya Wildlife Service Section 6(1) There is established a uniformed and disciplined Service to be known as the Kenya Wildlife Service. Section 6(2)(a) suing and being sued; Section 6(2)(b) purchasing, holding and disposing of movable and immovable property; and Section 6(2)(c) doing all such other things as may be done by a body corporate; Section 6(2)(d) doing all such other things as may be done by a body corporate.

Section 7. Functions of the Service Section conserve and manage national parks, wildlife conservation areas, and sanctuaries under its jurisdiction;

Section 8. Board of Trustees Section 8(1) The Service shall be managed by a Board of Trustees appointed under subsection (2). Section 8(2)(a) a chairperson appointed by the President; Section 8(2)(b) the Principal Secretary in the State Department for the time being responsible for matters relating to wildlife, or a designated representative; Section 8(2)(c) the Principal Secretary in the State Department for the time being responsible for finance, or a designated representative; Section 8(2)(d) the Principal Secretary in the State Department responsible for matters relating to county governments or a designated representative; Section 8(2)(e) the Inspector-General of Police; Section 8(2)(f) five other persons with both local and international technical experience in either fundraising, law, wildlife, finance, business or investment matters appointed by the Cabinet Secretary, one of whom shall be from local community wildlife areas; Section 8(2)(g) the Director-General of the Service, who shall be the secretary to the Board of Trustees. Section 8(3) A member appointed under subsection (2) (f)(ii) shall be the vice- chairperson of the Board of Trustees. Section 8(4) The Chairperson...

Section 9. Functions and powers of the Board of Trustees Section oversee the effective implementation of the national wildlife policy;

Section 10. Meetings of the Board of Trustees Section The provisions of the First Schedule shall have effect with respect to the procedure at the meetings of the Board of Trustees.

Section 11. Appointment of the Director-General Section 11(1) There shall be a Director-General of the Service appointed by the Cabinet Secretary in consultation with the Board. Section 11(2) The Director-General shall hold office for a term of three years and shall be eligible for selection for one further term of three years. Section 11(3) The Director-General shall be the chief executive officer of the Service and shall be responsible to the Board of Trustees for the day to day management of the affairs of the Service. Section 11(4)(a) is a citizen of Kenya; Section 11(4)(b) satisfies the requirements of Chapter Six of the Constitution; Section 11(4)(c) possess a degree in natural resources management, finance, business, or strategic management from a university recognized in Kenya; and has at least fifteen years' professional experience in related field at management level.

Section 12. Officers of the Service Section 12(1)(a) such uniformed and disciplined officers of the ranks specified in paragraph 1(2)(a)(i) of Part 1 of the Second Schedule; Section 12(1)(b) such officers of the Service as are specified in paragraph 1(2)(b) of Part 1 of the Second Schedule. Section 12(2) Every person appointed under subparagraph (a) of subsection (1) shall take and subscribe to the oath of allegiance as set out in Part II of the Second Schedule. Section 12(3) The provisions of Part I of the Second Schedule shall have effect with respect to the officers of the Service. Section 12(4) The Board shall provide for a staff superannuation scheme. Section 12(5) The Cabinet Secretary may, on the recommendation of the Board of Trustees appoint suitable persons to be honorary wardens for the purposes of assisting in the carrying out of the provisions of this Act. Section 12(6) The Board of Trustees may appoint persons from communities living in wildlife areas to undertake wildlife protection activities for the effective carrying out of the provisions of this Act.

Section 13. Establishment of offices Section The Service may establish such offices as it may deem appropriate for the exercise and performance of its powers and functions.

Section 14. Sources of funds of the Service Section such moneys as may be approved and allocated to the Service by the National Assembly as part of the budget process;

Section 15. Financial year Section The financial year of the Service shall be the period of twelve months ending on the thirtieth of June in each year.

Section 16. Annual estimates Section 16(1) At least three months before the commencement of each financial year, the Board or Trustees shall cause to be prepared estimates of revenue and expenditure of the Service for the ensuing year. Section 16(2)(a) payment of salaries, allowances, pensions, gratuities and other charges in respect of the staff of the Service, regional wildlife conservation area committees and community wildlife scouts; Section 16(2)(b) payment of salaries, allowances, pensions, gratuities and other charges in respect of the county wildlife conservation and compensation committees, as the case may be; Section 16(2)(c) payment of allowances in respect of the County Wildlife Conservation and Compensation Committees; Section 16(2)(d) the proper maintenance of the buildings and grounds of the Service; Section 16(2)(e) the maintenance, repair and replacement of the equipment and other property of the Service; and Section 16(2)(f) the creation of such reserve funds as the Service may deem appropriate to meet the recurrent expenditure and contingent liabilities of the Service. Section 16(3) The members of the County Wildlife Conservation and Compensation Committee shall...

Section 17. Accounts and audit Section 17(1) The Service shall cause to be kept all proper books and other records of accounts of the income, expenditure and assets of the Service. Section 17(2)(a) a statement of the income and expenditure of the Service or the Wildlife Endowment Fund during the year; and Section 17(2)(b) a statement of the assets and liabilities of the Service or the Wildlife Endowment Fund on the last day of the year. Section 17(3) The accounts of the Service and the Funds shall be audited in accordance with the Public Finance Management Act (Cap. 412A).

Section 18. Community Wildlife Conservation Committees Section 18(2) The Community Wildlife Conservation Committees may hold a maximum of four meetings every financial year. Section 18(3) Despite subsection (2), additional meetings may be held with the prior consent of the Cabinet Secretary. [Act No. 18 of 2018 , Sch.]

Section 19. Functions on Community Wildlife Conservation Committees Section review and recommend payment of compensation on claims resulting from loss or damage caused by wildlife;

Section 20. Committee may invite experts Section The County Wildlife Conservation and Compensation Committee may invite experts who are not members of the Committee to attend meetings of the committee and take part in its deliberations but such experts shall not have voting powers.

Section 21. Remuneration of Committee members Section A member of the County Wildlife Conservation and Compensation Committee shall be entitled to be paid such allowances as the Salaries and Remuneration Commission may determine.

Section 22. Bio-prospecting Section 22(1)(a) engage in bio-prospecting involving any wildlife resources; or Section 22(1)(b) export from Kenya any wildlife resources for the purpose of bio- prospecting or any other kind of research. Section 22(2) Any person desirous of undertaking bio-prospecting involving any wildlife resources may apply to the Authority for a permit in a prescribed format and on payment of prescribed fees. Section 22(3)(a) a person, including a public or private organization or institution or community, providing or giving access to the wildlife resource to which application relates; Section 22(3)(b) whose traditional uses of the wildlife resources to which the application relates have initiated or will contribute to or form part of the proposed bio-prospecting; and Section 22(3)(b)(i) whose traditional uses of the wildlife resources to which the application relates have initiated or will contribute to or form part of the proposed bio-prospecting; and Section 22(3)(b)(ii) whose knowledge of or discoveries about the wildlife resource to which the application relates are to be used for the proposed bio-prospecting. Section 22(4)(a) the applicant has disclosed all m...

Section 77. Problem animals Section 77(1) Any authorised officer of the Service may, with the consent of the owner or occupier in respect of private land, where it is necessary for the purpose, go onto any land to destroy any animal which has been deemed a problem animal: Provided that where the animal is a dangerous animal which has been previously wounded or otherwise injured so as to make it a potential source of danger to human life, the officer may follow such animal with the intention of killing it on any land notwithstanding that the prior consent of the owner or occupier of the land has not been obtained and the Service shall under such circumstances provide the owner or occupier a subsequent report of what occurred. Section 77(2) Notwithstanding anything to the contrary in this Act, the owner or occupier of land, or any agent of such owner or occupier may, subject to the provisions of this Act, destroy any animal which has been deemed a problem animal: Provided that nothing in this section shall authorize the killing of a problem animal in a protected area, or the use of any poison, pitfall or snare for the killing of any such animal. Section 77(3) Any person who kills an...

Section 78. Unlawful wounding of animals Section 78(1) Notwithstanding anything in this Act, it shall not be unlawful for any person to kill or wound any wild animal in the defense of himself or any other person if immediately and absolutely necessary. Section 78(2) The burden of proving that a wild animal has been killed or wounded in accordance with subsection (1) shall lie with the person who killed or wounded the wild animal.

Section 23. The Wildlife Conservation Trust Fund Section 23(1) There is established a Wildlife Conservation Trust Fund that shall be vested in a governing body established in accordance with subsection (2)— Section 23(2)(a) a Chairperson being appointed by the President; Section 23(2)(b) the Principal Secretary in the State Department for the time being responsible for matters relating to wildlife; Section 23(2)(c) the Principal Secretary in the State Department for the time being responsible for matters relating to finance; Section 23(2)(d) the Director-General of the Service who shall be the Secretary; Section 23(2)(e) four representatives from the private sector, who shall have technical experience in either philanthropy, law, natural resources, finance, business and investment matters, one of whom shall be a representative nominated by an umbrella wildlife conservancy body; and Section 23(2)(f) a representative from the office of the Attorney-General. Section 23(3)(a) moneys appropriated by Parliament; Section 23(3)(b) a proportion of such moneys as may be levied for payment of environmental services by beneficiaries in productive and service sectors, and for biodiversity offse...

Section 24. The Wildlife Compensation Scheme Section 24(1)(a) monies specifically allocated for this purpose through the budget process; Section 24(1)(b) an insurance scheme to be established by the Cabinet Secretary responsible for matters relating to finance; and Section 24(1)(c) monies from any other source approved by the Cabinet Secretary for the time being responsible for matters relating to finance; and Section 24(2) The Wildlife Compensation Scheme shall be used for financing compensation claims for human death or injury or crop and property damage caused by wildlife.

Section 25. Compensation for personal injury or death or damage to property Section 25(1) Where any person suffers any bodily injury or is killed by any wildlife listed under the Third Schedule, the person injured, or in the case of a deceased person, the personal representative or successor or assign, may launch a claim to the County Wildlife Conservation and Compensation Committee within the jurisdiction established under this Act. Section 25(2) The County Wildlife Conservation and Compensation Committee established under section 18 shall verify a claim made under subsection (1) and upon verification, submit the claim to the Cabinet Secretary together with its recommendations thereon. Section 25(3)(a) in the case of death, five million shillings; Section 25(3)(b) in the case of injury occasioning permanent disability, three million shillings; Section 25(3)(c) in the case of any other injury, a maximum of two million shillings, depending on the extent of injury. Section 25(4) Any person who suffers loss or damage to crops, livestock or other property from wildlife specified in the Seventh Schedule hereof and subject to the rules made by the Cabinet Secretary, may submit a claim to...

Section 26. Environment law to apply Section 26(1) The provisions of this Act with respect to conservation, protection and management of the environment shall be in conformity with the provisions of the Environmental Management and Co-ordination Act (Cap. 387). Section 26(2) The provisions of the Environmental Management and Co-ordination Act (Cap. 387), regarding reference to the Tribunal established under that Act shall apply to hearing of appeals arising from the decisions made under this Act.

Section 27. No exemption from environment law to be granted Section 27(1) No user rights or other licence or permit granted under this Act shall exempt a person from complying with any other written law concerning the conservation and protection of the environment. Section 27(2) A user or other related right shall not be granted under this Act where the requirement for a strategic environmental, cultural, economic and social impact assessment licence under the Environmental Management and Co-ordination Act (Cap. 387) has not been complied with.

Section 28. Water Act to apply Section No provision of this Act and no rights or entitlements conferred and granted under this Act shall, wherever appropriate operate to exempt a person from compliance with the provisions of the Water Act (Cap. 372) concerning the right to the use of water from any water resource, reservoir or point.

Section 29. Requirement for sustainable use Section The holder of a permit or licence under this Act shall use the land in question in accordance with the requirement for sustainable use of land.

Section 30. Prohibition Section Any activity which is likely to have adverse effects on the environment, including the seepage of toxic waste into streams, rivers, lakes and wetlands is prohibited.

Section 31. Declaration of protected areas Section 31(1)(a) declare an area to be a national park; Section 31(1)(b) declare an area to be a marine protected area; Section 31(1)(c) declare a wetland to be a protected area under the management of the Service; Section 31(1)(d) publish a management plan for national parks, marine protected areas and Service-managed wetlands; Section 31(1)(e) publish areas zoned to have wildlife conservation and management as their land use priority: Section 31(1)(a) the relevant provisions of the Environmental Management and Co-ordination Act (Cap. 387) have not been complied with; Section 31(1)(b) no public participation has occurred; Section 31(1)(c) no challenge by any person is active. Section 31(2) Notwithstanding subsection (1), a notice under subsection (1)(a), (b) and (e) shall only be declared by the Cabinet Secretary with the approval of the National Assembly.

Section 32. Declaration of a national park Section 32(1)(a) any un-alienated public land; or Section 32(1)(b) any land purchased or otherwise acquired by the Government, to be a national park. Section 32(2)(a) extraction or no extraction zones in respect of marine resources; Section 32(2)(b) protection of nesting, breeding and foraging areas; Section 32(2)(c) no take areas in respect of fisheries; and Section 32(2)(d) areas that may be used by local vessels for passage; Section 32(2)(e) any other purposes with respect to specified human activities within the zone. Section 32(3) The Cabinet Secretary shall, on the recommendation of the Service, by notice in the Gazette , issue appropriate rules and regulations for the effective management of marine protected areas.

Section 33. Conservation and management of wetlands Section 33(1) The Cabinet Secretary shall, on recommendation of the Service, in consultation with the National Land Commission, by notice in the Gazette , declare a wetland that is an important habitat or ecosystem for wildlife conservation a protected wetland. Section 33(2) As soon as practicable, after declaring it a protected wetland, the Service shall, in collaboration with the person or community who hold a legal or communal interest in the wetland and the relevant lead agencies, prepare an Integrated Wetland Management Plan for the conservation and management of the protected wetland through a public consultative process. Section 33(3) The Cabinet Secretary shall, on recommendation of the Service after consultation with the relevant lead agencies, by notice in the Gazette , prescribe measures, rules, guidelines, procedures and regulations for effective conservation and management of the protected wetland.

Section 34. Variation of boundaries or revocation of a national park or a marine protected area Section vary the boundaries of a national park; or

Section 35. Declaration of a national reserve Section 35(1)(a) rich in biodiversity and wildlife resources or contains endangered and threatened species; Section 35(1)(b) an important catchment area critical for the sustenance of a wildlife conservation area; or Section 35(1)(c) an important wildlife buffer, zone, migratory route, corridor or dispersal area. Section 35(2) The national reserve declared under subsection (1) shall be managed by the relevant county government in accordance with the provisions of this Act. Section 35(3)(a) the duration of the agreement; Section 35(3)(b) the terms and conditions under which the management agent or the Service shall manage the national reserve; Section 35(3)(c) management fees and charges payable to the management agent or the Service; Section 35(3)(d) a management plan to be followed by the management agent or the Service; Section 35(3)(e) the mechanism for settlement of disputes arising in respect of the agreement; and Section 35(3)(f) the circumstances under which the agreement may be terminated.

Section 36. Declaration of a marine conservation area Section 36(1)(a) rich in biodiversity or harbours endangered and threatened marine species; or Section 36(1)(b) a critical habitat for a variety of marine resources. Section 36(2) A marine conservation area established under subsection (1) shall be managed by the relevant county government under an approved management plan prepared through a consultative process with the relevant lead agencies and communities. Section 36(3)(a) extraction or no extraction zones in respect of marine resources; Section 36(3)(b) protection of nesting, breeding and foraging areas; Section 36(3)(c) no take areas in respect of fisheries; and Section 36(3)(d) any other purposes with respect to specified human activities within the zone. Section 36(4) The Cabinet Secretary shall, on recommendation of the relevant county government, by notice in the Gazette , issue appropriate rules and regulations for effective management of marine conservation areas.

Section 37. Variation of boundaries or revocation of a national reserve Section 37(1)(a) vary the boundaries of a national reserve; or Section 37(1)(b) declare that a wildlife conservation area shall cease to be a national reserve; or Section 37(1)(c) change of status from national reserve, shall only be published by the Cabinet Secretary where a proposal is recommended by the relevant county government after consultation with the National Land Commission and the Service in accordance with subsection (2) of this section and is subsequently approved by resolution of Parliament. Section 37(2)(a) endanger any rare, threatened or endangered species; Section 37(2)(a)(i) endanger any rare, threatened or endangered species; Section 37(2)(a)(ii) interfere with the migration and critical habitat of the wildlife; Section 37(2)(a)(iii) adversely affect its value in provision of environmental goods and services; and Section 37(2)(a)(iv) prejudice biodiversity conservation, cultural site protection, or its use for educational, ecotourism, recreational, health and research purposes; Section 37(2)(b) the proposal has been subjected to an environmental impact assessment in accordance with the prov...

Section 38. Exchange of part of a national park Section 38(1)(a) the exchange enhances efficient wildlife conservation and management; Section 38(1)(b) the exchange is equitable to conservation and the land owner, according to an independent valuation; Section 38(1)(c) an environmental impact assessment has been conducted in accordance with the provisions of the Environmental Management and Co-ordination Act (Cap. 387), and has shown that such exchange shall not adversely affect wildlife conservation and the environment in general; and Section 38(1)(d) the part of the national park to be exchanged does not contain rare, threatened or endangered species and is not a water catchment area, wetland or a source of springs. Section 38(2) The Service, in consultation with the National Land Commission and the Cabinet Secretary, may acquire by purchase any land suitable to be declared a national park, wildlife corridor, migratory route or dispersal area under this Act. Section 38(3) No purchase shall be transacted under this section unless prior public consultation is carried out in accordance with this section.

Section 39. Establishment of conservancy or sanctuary Section Any person or community who own land on which wildlife inhabits may individually or collectively establish a wildlife conservancy or sanctuary in accordance with the provisions of this Act.

Section 40. Community wildlife associations and wildlife managers Section 40(1) Communities, landowners, groups of landowners and existing representative organizations may establish a community wildlife association and register under the appropriate law or in the case of an individual owner, may be registered as a recognized wildlife manager by the County Wildlife Conservation and Compensation Committee. Section 40(2) The object and purpose for which an association is established is to facilitate conflict resolution and cooperative management of wildlife within a specified geographic region or sub-region. Section 40(3)(a) a list of the wildlife conservancy, sanctuary or other wildlife conservation activities in which they are involved in and in the case of an association their membership; Section 40(3)(b) for associations, the constitution with clear governance structures; Section 40(3)(c) type of wildlife resources in their area and type of wildlife conservation initiatives being undertaken; Section 40(3)(c)(i) type of wildlife resources in their area and type of wildlife conservation initiatives being undertaken; Section 40(3)(c)(ii) measures and type of wildlife conservation act...

Section 41. Functions of community wildlife associations and wildlife managers Section ensure that the association membership or the wildlife manager protects, conserves and manages wildlife conservancies and sanctuaries under their jurisdictions pursuant to their respective approved management plans;

Section 42. Donations and bequests Section 42(1) Any person who is registered as a proprietor of land in accordance with the provisions of any written law may donate or bequeath all or part of that land to the national government, county government, community, an educational institution or an association for purposes of wildlife conservation. Section 42(2)(a) the liquidator or administrator of a company that is in liquidation or under administration; or Section 42(2)(b) the bankruptcy trustee or interim trustee of a bankrupt person's estate; or Section 42(2)(c) the personal representative of a deceased person's estate. Section 42(3) The land so donated or bequeathed shall not be used for any purpose other than the establishment of a wildlife conservation area as originally desired by the previous owner. [Act No. 19 of 2015 , s. 28.]

Section 43. Standards of management Section 43(1)(a) action to be undertaken by the registered user; Section 43(1)(b) action to be undertaken by the registered user in conjunction with the Service; Section 43(1)(c) action to be undertaken by the Service on behalf of the registered user; Section 43(1)(d) deregistration of user rights, and, where applicable de-gazettement. Section 43(2) Where action is taken by the Service under subsection 1(b) or (c), any reasonable expenses incurred by the Service may be deducted from any profits accruing to the wildlife conservancy or sanctuary.

Section 44. Management plans Section 44(1) Every national park, marine protected area, wildlife conservancy and sanctuary shall be managed in accordance with a management plan that complies with the requirements prescribed by the Fifth Schedule. Section 44(2) In preparing and adopting a management plan, the Service shall consult with the county wildlife conservation committee. In the case of protected areas, the formulation and implementation of management plans shall involve the participation of neighbouring communities. Section 44(3) The Cabinet Secretary shall, by notice in the Gazette , publish the approved management plans in respect of national parks, marine protected areas, wildlife conservancies and sanctuaries. Section 44(4) No development will be approved in the absence of management plans approved in subsection (3). Section 44(5) The Cabinet Secretary shall, initiate public consultation for purposes formulating managing plan guidelines.

Section 45. Consent for mining and quarrying Section 45(1) No person shall mine or quarry in a national park without the approval and consent of the Service. Section 45(2)(a) the area does not contain endangered or threatened species; Section 45(2)(b) the area is not a critical habitat and ecosystem for wildlife; Section 45(2)(c) the area is not an important catchment area or source of springs; Section 45(2)(d) an environmental impact assessment has been carried out in accordance with the provisions of the Environmental Management and Co-ordination Act (Cap. 387); Section 45(2)(e) approval has been obtained from the in accordance with the applicable law regulating mining; Section 45(2)(f) the miner has undertaken through execution of a bond the value of which will be determined by the Service, to rehabilitate the site upon completion of his operation to a level prescribed by the Service and the Mining Act (Cap. 306): Provided that the Cabinet Secretary may, on the recommendation of the Service, and after consultation with the Cabinet Secretary responsible for mining, by notice in the Gazette , publish rules to regulate and govern mining operations in such protected areas; Section 4...

Section 46. Protection of endangered and threatened ecosystems Section 46(1) The Cabinet Secretary may, on the advice of the Service and in consultation with the National Land Commission, by notice in the Gazette , publish a national list of wildlife ecosystems and habitats that are endangered and threatened and are in need of protection. Section 46(2) A list published under subsection (1) shall describe in sufficient detail the location of each ecosystem on the list, the threats and the measures being taken to restore and maintain its ecological integrity for enhanced wildlife conservation through development and implementation of a management plan. Section 46(3) The Cabinet Secretary shall, upon the recommendation of the Service, every five years review any national list published under subsection (1) of this section.

Section 47. Endangered and threatened species Section 47(1) The species of wildlife set out in the Sixth Schedule are declared to be critically endangered, vulnerable, nearly threatened and protected species. Section 47(2) The Service shall amend the Sixth Schedule from time to time as necessary.

Section 48. Restricted activities involving listed species Section 48(1) A person may not carry out any activity involving a specimen of a listed species without a permit from the Service. Section 48(2)(a) which is of a nature that may negatively impact on the survival of a listed species; or Section 48(2)(b) which is specified in the notice or prohibit the carrying out of such activity without a permit issued by the Service.