The Forest Conservation and Management (Amendment) Bill, 2025.

SPECIALISSUE

Kenya Gazette Supplement No.135(National Assembly Bills No.38)

REPUBLIC OFKENYA

KENYA GAZETTE SUPPLEMENT

NATIONALASSEMBLYBILLS,2025

NAIROBI,8thAugust,2025

CONTENT

Bill for Introduction into the National Assembly- PAGE

The Forest Conservation and Management(Amendment) Bill,2025

849

THE FOREST CONSERVATION AND MANAGEMENT

(AMENDMENT) BILL,2025

A Bill for

AN ACT of Parliament toamend the Forest

Conservation and Management Act and for connected purposes

ENACTED by the Parliament of Kenya as follows-

PARTI-PRELIMINARY

• 1.This Act may be cited as the Forest Conservation short ile.
• and Management(Amendment) Act,2025.
• 2.The Forest Conservation and Management Act,(in section 2-—
• (a) in thedefinitionof "indigenous forest"by inserting the words "and includes mangroves and native bamboo"immediately.aftertheword
• "Kenya";
• (b) in the definition of "Institute"by deleting the words "the Science, Technology and Innovation Act"and substituting therefor the following "section 29F";
• (c) by inserting the following new definitions in
• proper alphabetical sequence

"agro-silvopastoralism"means a production activity that combines pastoralism and agriculture in a partially

wooded environment;

"allied natural resources" means natural resources

associated with forestry including,water,soil,fauna and flora,air,minerals and non-wood forest products;

"biodiversity hotspot"means a unique habitat with rare and diverse animals,organisms and endangered species,which is under threat of extinction;

"forest carbon" means the amount of carbon absorbed

and stored by trees and other plants in a forest;

"Director-General"means the Director General of the Institute appointed under section 29s;

"ecosystemservices"shallincludeprovisioning services,regulating services,cultural services,supporting Amendment of section 2 of Cap. 385.

services fundamental ecosystem processes,carbon storage, water cycle regulation and habitat for biodiversity;

"forest certification"means a voluntary process where

an independent third party assesses the quality of forest management and production against set standards;

"forest covermeans an area of land covering a minimum of zero point five hectares,with trees of at least two meters in height and a canopy density of at least fifteen percent;

"forest reference level"means the benchmark for

emissions from deforestation and forest degradation and removals from sustainable management of forests and enhancement of forest carbon stocks;

"forestrytechnology" means the traditionaland modern tools and techniques applied in the management of forests and forest resources;

"lead agency" means a national government entity, law vests functions of control or management or any element of forest resources;

""natural capital accounting"means a process of calculating the total stocks and flows of natural resources and services in a given ecosystem orregion;

"participatory forest management"means a forest management approach which deliberately involves the forest adjacent communities and other stakeholders in the management of forests within a framework that contributes to communities'livelihoods;

"payment for ecosystem services"means incentives exchange for managing their resources for the provision of

offered to owners or managers of ecosystem resources in ecological services by beneficiaries;

"tree canopy cover" means an area covered by canopy

expressed in square feet or as a percentage of the area of a track of land;

"Reduced Emissions from Deforestation and Forest

Degradation"has the meaning assigned to it under section 2 of the Climate Change Act;

"watershed" means an elevated area from which rivers

flow into different basins;

"water tower means an area that acts as a receptacle

for rainwater and that stores water in the aquifers underneath it and gradually releases the water to the springs emanating from it.

• 3.Section 4 of the principal Act is amended by
• inserting the following new paragraph immediately after paragraph (d)-—
• "(da) promotion of efficient water harvesting and management technologies for tree growing in dryland areas."
• 4.Section 7 of the principal Act is amended by inserting the following new subsections immediately after subsection (l)-
• (1A) The headquarters of the Service shall be in Nairobi.
• (1B) The Service may establish such other offices in Kenya to ensure reasonable access of its services.
• 5.Section 8 of the principal Act is amended by inserting the following new paragraphs immediately after
• paragraph (n)-
• (na) collect revenue and charges due to national government in regard to forest resources and services in accordance with the Public Finance Management Act;
• (nb) provide security for public and provisional forests;
• (nc) provide technical assistance to the county governments and individual owners of private land in the development of agroforestry and commercial forestry in private land and community land,respectively.
• 6.Section 16 of the principal Act is amended by-
• (a) deleting subsection (1) and substituting therefor
• the following new subsection-

Amendment of section 4of Cap. 385.

Amendment of

section 7 of Cap. 385.

Amendment of section8 of Cap. 385.

Amendment of

section 16 of Cap. 385.

• (1) The Cabinet Secretary may,on the advice of the Service,designate a specific cadre of the staff of theServicetobeuniformed and disciplined officers of such ranks as shall be determined by the Service with the approval of the Cabinet Secretary.

2. (b)inserting the following new subsections immediately after subsection(3)

• (4) The staff designated under subsection(1) shall undergo law enforcementand security training in an institution recognized by the Board.

4. (5)A person designated under subsection (1) shall take and subscribe to the Oath ofAllegiance 5. as set out in the Fourth Schedule. 6. 7.The principal Act is amended by inserting the 7. following new section immediately after section 17-

Establishment of the Kenya Forest Academy.

• 17A.(1)Thereisestablished an academy to be known as the Kenya Forest Academy,which shall be an institution within the Service.
• (2) The Kenya Forest Academy shall provide training for officers of the Service.
• (3) The Board shall formulate policies for the administration and management of the Academy.
• 8.Section 21 of the principal Act is amended by inserting the following new paragraph immediately after paragraph(d)-
• (da)shall implement national policies on forest management and conservation.
• 9.Section 22 of the principal Act is amended in subsection (1) by deleting the words"as established under the Science,Technology and Innovation Act (Cap.511),"
• 10.The principal Act is amended by inserting the following newParts immediately after section 29-

PART IIA-DIRECTOR OF FOREST

REGULATION

Director of Forest

Regulation.

• 29A.(1) There is established the Office of the Director of Forest Regulationwhich shall be an office in the public service.

Insertion of anew section into Cap. 385.

Amendment of

section 21 of Cap. 385.

Amendment of

section 22 of Cap. 385.

Insertion ofnew

Parts into Cap. 385.

Functions of the Director.

• (2) The Director shall be competitively recruited and appointed by the Public Service Commission.

2. 29B.The Director shall perform the following functions- 3. (a)inconsultation withthelead agencies,advise the Ministry on national standards, procedures and guidelines for participatory forest management,and use of forests, commercial forestry, forest products and services and traceability of forest products and services; 4. (b) inspect,monitor and advise the Ministry on the management and use of forest resources and the enforcement of and compliance with this Act, regulations, standards, procedures, and guidelines made under this Act; 5. (c)receive complaints and concerns arising in the forestry sector and on recommendations to the concerned 6. advise the Ministry organs for corrective action; 7. (d) develop and advise the Ministry on certificationstandards for tree nurseries, forestsandforest products in consultation with the lead agencies; 8. (e) develop and advise the Ministry on a frameworkfor stakeholder coordination for sustainable 9. management of forests; 10. establish and maintain a national forestry registry which shall be linked to the Reduced Emissions from Deforestation and Forest Degradation Carbon registry

• established under section 23G of the Climate Change Act and advise the Ministry on guidelines for data sharing in accordance with the Act and any other written law;
• (g)receive and analyse annual reports on licenses,permits,leases and concessions toforest resources issued in relation to-
• (i)
• building of dams;
• (ii) infrastructural projects including water pans, roads, pipelines,ports, electricity sub-stations or lines, base transceiver stations or masts;
• (iii)
• concessions on forests;
• (iv) large tourism projects with a value exceeding twenty million shillings;
• development of public institutions including showgrounds, schools, hospitals,police stations and other institutionsi including churches;and
• (vi) forest carbon projects;
• (h)monitor the implementation of national forest resource valuations andassessments inconsultation
• with other lead agencies advise the Ministry accordingly;
• (i) develop and advise the ministry on strategies for the achievement and maintenance of at least ten per centum of tree and forest cover over the land area of Kenya;
• (j)monitor implementationof the
• payment for ecosystem services,

Establishment and maintenance of

registers.

Certification.

• benefit sharing mechanisms and incentives within the forest sector and advise the Ministry accordingly;
• registrationand licensingof forest certification
• (k)undertake the experts and timber graders;
• establish and maintain the National Safeguards Information System;
• (m)prepare annual reports on compliance within the forestry sector by sector players with the regulatory requirements;and
• (n) perform such other functions incidental or consequential to the Director's functions under this Act or any other written law or as assigned by the Cabinet Secretary.
• 29C.(1) The Director shall maintain a
• register that shall contain details of-
• (a) any standards,procedures and guidelines developed under this Act;
• (b) information on licences,permits and concessions;and
• (c)registered and licenced professionals in the forestry sector.
• (2)A register maintained under this section shall be open for inspection by the members of the public at the office of the
• Director.
• 29D.(1) A forest certification required under this Act shall be undertaken by experts registered and licensed by the
• Director.
• (2) Any person undertaking certification contrary to the provisions of this Act commits an offence and shall upon

Registration,etc of

timber graders.

Establishment of the Kenya Forestry Research Institute.

Cap.511.

Headquarters of the

Institute.

• conviction be liable to a fine not exceeding one million shilling or imprisonment of one year,or both such a fine and imprisonment.
• 29E.(1) A person shall not undertake timbergradingu unlessthepersonis registered and licenced by the Director to undertake timber grading.
• (2)Any person undertaking timber grading contrary to the provisions of this Act commits an offence and shall upon conviction be liable to a fine not exceeding onemillion shilling or imprisonment of one year,or both such a fine and imprisonment.

PART HIIB-KENYA FORESTRY RESEARCH INSTITUTE

• 29F. There is established an institute to be known as the Kenya Forestry Research Institute,which shall be a successor of the Kenya Forestry Research Institute specified under paragraph 2 of the Fourth Schedule to the Science Technology and Innovation Act.
• 29G.(1) The headquartersof the Institute shall be in Kiambu County.
• (2) The Institute may establish research centres,innovation and incubation hubs within the counties and agro-ecological zones in Kenya.
• (3) The Institute shall bea body corporate with perpetual succession and a common seal and shall,in its corporate name,be capable of
• (a) suing and being sued;
• (b) taking,purchasing or otherwise acquiring, holding,chargingor disposing of movable and immovable property;
• (c)borrowing money;
• (d) entering into contracts; and

Functions of the Institute.

• (e) doing or performing all other things or acts for the proper performance of its functions under this Act which may be lawfully done or performed by a body corporate.
• 29H.(1) The Institute shall be the lead government agency in forestry research and development and shall,in relation to forestry and allied natural resources-
• (a) develop research and development programmes and technologies for the sustainable developmentof forestry and allied natural resources;
• (b) conduct national and regional expert training courses in forestry
• and allied natural resources;
• (c) disseminate research findingsto support forestry development in the country;and
• (d) establish partnerships and cooperate with other research organisations and institutions of higher learning in joint research and training.
• (2) Without prejudice to the generality of subsection (1),the Institute shall-
• (a) participate in the development and monitoring of national forest
• standards;
• (b) develop technologies for improved germplasm, tissue culture, biotechnology and provide quality
• tree seeds and seedlings;
• (c) develop forestry technologies and
• products for sustainable development;
• (d) develop and promote technologies for upscaling commercial forestry and agroforestry;

• (e)maintain a database for scientific and forestry research information;
• matters related to forestry research and
• (f) develop standards on development;
• (g)assess,map,control and develop
• procedures for the control of invasive species;
• (h) develop technologies and procedures for monitoring of forest health and biodiversity status;
• (i) conduct research,develop models and procedures for forest carbon estimationand quantificationin collaboration with relevant stakeholders;
• Gi) develop certification standards for tree seeds in collaboration with the Kenya Plant Health Inspectorate Service;
• (k) undertake tree seed production;
• ()undertake
• policy research in forestry and allied natural resources;
• (m)develop guidelines on forest and
• tree valuation;
• (n)provideadvisory on and agroforestry investment to enhance
• services commercial forestry adoption and upscaling;
• (o)undertake forest forensic research and development;
• (p) develop protocols and procedures for development of forest-based
• food and medicinal products:
• (q) transfer of scientific knowledge and appropriate forest-based
• technologies for the improvement

of their livelihoods of communities;

• (r)develop technologies to upscale sustainable utilization of non-wood forest products asnature-based solutions in drylands;
• (s)developforestcarbon trading models under agroforesuy and commercial forestry systems;
• (develup modelsand methodologies offorest carbon quantification. fioancing and marketing;
• ureport biennially to the Cabine Secretary on matters related to forestry research and devclopment;
• and
• ()perform such othrr funetions as may be conferred io it by this Act
• orany other written law
• (3)The Institute.in consuitation with the ministry responsible for matiers related education.mayestablish aforcstry researchgraduateschool,ofacilitate researchcomponcntsofmastersand doctorate levelsacademic programmes on forestry and allied naturalresources.

Board of the Iusttote

291.The management of the Institute

shall vest in a Board of the Institute which shall cousistof-

• (a)a chairperson appointed bythe President;
• (b) the Principal Secretary responsible formattersrelatingtoforestry researchora representafive appointed in writing:
• (c) the Principal Secretary responsible for matters relating to finence or a represeniative appointed in writing;
• (d)the
• Attorney-General ora representative appointed in writing;

Tenure of office.

Remuneration of members of the Board.

• (e) the Chief Conservator of Forests of
• the Kenya Forest Service or a representative appointed in writing;
• ()the Director-Generalofthe National Commission for Science, Technology and Innovation ora representative appointed in writing;
• (g)four other persons,not being public officers,with skills relevant to the Institute's functions,appointed by the Cabinet Secretary;and
• (h) the Director-General,who shall be an ex-ofticio mernber ot the Bbard with no right to vote.

Qualifications for 291.(D)Aperson isqualified for appointment asa member of the Bead appoiniment under subsecuon 291 (a)and (g)if that person-

• (a) has a degree in a relevant feld from
• a university recogmised m Kenya:
• (b) has proven management or other
• relevant professionalexpenence,
• (c)has served m a senior management
• position for at least six years,and
• (d) meets the reguirements of Chapter Six of the Constitution.
• (2)The appointnent of the Chairperson and members of the Board of the Institite
• Gazette.
• 29K.(1) The chairperson and member of the Board appointed under section 29I (g) shall hold office for a term of three years and shall be eligible for reappointment for one other term of three years.
• (2) The members of the Board shall be appointed at different times so that their terms of office expire at different intervals
• 29L.A member of the Board of the
• Institute shall be paid such allowances or

other remuneration as the Cabinet Secretary may,on the advice of the Salaries and Remuneration Commission,determine.

Vacaney

Functions of the Board of the Institute

• 29M.(1) The office of the chairperson ormember of the Board of the Institute shall become vacant if the holder-
• (a) dies,
• (b)is absent from three consecutive
• meetings of the Board of the Institute without reasonable cause;
• (c) resigns from otfice by notice in wtiting addressed to the appointing authority;
• (d) is unable to perform the functions of the office arising out of physical or mental infirmity;
• (e) is negligent or incompetent in the
• performance of his or her functions;
• (f)is adjudged or otherwise declared bankrupt by a competent court;
• (g)violates
• ChapterSixofthe Constitution;or
• (h) is convicted of a criminal offence and sentenced to imprisonment for
• a term of not less than six months.
• (2) Where a vacancy occurs in the membership of the Board of the Institute undersubsection(l),theappointing authority shall appoint a new member in accordance with the provisions of this Act.

29N.The Board of the Institute shall-

• (a)review,approve and oversee the implementation of research programs,strategies,policies and plans of the Institute;
• (b) consider and approve the budget of the Institute;

Powers of the Board of the Institute.

• mobilisation 0f
• (c)facilitatethe resources for the Institute.
• (d) approve the organisational structure and other human resources management policies,guidelines, procedures and manuals of the Institute;
• (e)monitor and evaluate the performance and ensure the sustainability of the Institute;
• policies for the administration and management of
• (f)formulate the graduate school;
• (g)enhance the corporate image of the Instituteandensure effective communication with stakeholders; and
• (h) carry out any other function for the purposes of promoting and facilitatingthe objects of the Institute.
• 290.The Board of the Institute shall have all the powers necessary for the proper performance of the functions of the Institute and,in particular,the Board shall have the powers to-
• (a) acquire immovable and movable property and funds of the Institute
• in a manner and for the purposes which shall promote the interests of the Institute;
• (b) determine the provisionstobe made for capital and recurrent expenditure and for the reserves of the Institute;
• (c) receive on behalf of the Institute, in
• fees,donations,endowments,gifts grants or other moneys and make disbursements therefrom accordance with the law;

• (d) invest any moneys of the Institute noti immediately required in furtherance of its objects; and
• (e) doany other thingwhichis necessary or convenient to be done in connection with or incidental to its functions.

Procedure of the Board of the Institute.

• 29P.(l) The business and affairs of the Board of the Institute shall be conducted in accordance with the First Schedule.
• (2)Notwithstanding subsection (1),the Board may regulate its own procedure.

Delegation by the

Board of the Institute.

• 29Q.The Board of the Institute may, by resolution,either generally or in any particular case,delegate to any committee of the Board of the Institute or to any member, officer,or employee of the Institute,exercise of any of its powers or the performance of any of its functions.

Committees of the Board of the Institute.

• 29R.(1) The Board of the Institute may,establish committees for the effective discharge of its functions.
• (2) The Board of the Institute may,by resolution,either generally or inany particular case,delegate to a committee of the Board the exercise of any of the powers or the performance of any of the functions or duties of the Board of the Institute.
• (3) The Board of the Institute may coopt into the membership of a committee established under subsection (1),any person whose knowledge and skills are considered necessary for the effective discharge of the functions of the Institute for a specified period of time.
• (4) Subject to any specific or general direction of the Board,any committee establishedunder subsection (1) may regulate its own procedure.

Director-General.

• (5)Anypersonco-opted intoa committee under subsection (3) may attend the meetingsofthecommitteeand participate in its deliberations,but shall not vote at such meeting.
• 29S.(1) There shall be a DirectorGeneral of the Institutewho shall be competitively recruited and appointed by the Board of the Institute.
• (2) A person qualifies for appointment as the Director-General,if that person-
• (a) possesses a Doctorate degree in a relevant field from a university recognized in Kenya;
• (b) has at least ten years'professional experience in matters related to forestry sector,five of which shall be at a senior management level;
• (c)isamemberofarelevant
• professional body in good standing; and
• (d) meets the requirements of Chapter
• Six of the Constitution.
• (3)TheDirector-General shall be
• responsible to the Board for-
• (a) implementation of the decisions of the Board;
• (b) the day-to-day management of the
• Institute;
• (c) overall responsibility forthe objectives, policy direction, administration and programs of the
• Institute;
• (d)preparation of the strategic plan, annual plan, budget and audited accounts of the Institute for the approval of the Board;and
• (e) perform such other duties as may be assigned by the Board.

Cap.7L.

Corporation Secretary.

• (4) The Director-General shall hold office for a term of three years,and shall be eligible for re-appointment for one further term of three years.

2. (5)The Director-General may be removed from office for- 3. (a) inability to perform the functions of the office arising out of physical or mental incapacity; 4. (b) gross misconduct; 5. (c) incompetenceornegligenceof 6. duty;or 7. (d) any other ground that would justify the removal from office under the terms and conditions of service and under any written law.

• (6) Where the question of the removal of the Director-General under subsection (5) arises,the Board of the Institute shall-

9. (a) inform the Director General in writing of the reasons for the intended removal;and 10. (b) givetheDirector-General the 11. opportunity to be heard in accordance with the principles of fair administrative action prescribed under Article 47 of the Constitution and the Fair Administrative Action Act. 12. 29T.(1) There shall be a Corporation Secretary who shall be appointed by the Board of the Institute on such terms as the Board may,on the advice of the Salaries and Remuneration Commission,determine. 13. (2)A person qualifies for appointment 14. as the Corporation Secretary if that person- 15. (a) holds a degree in law froma 16. university recognized in Kenya;

Officers and staff of the Institute.

Protection from

personal liability.

• (b) has at least five years' experience as a corporation secretary or a
• similar governance role;
• (c) is a member in good standing of the Institute of Certified Public Secretaries of Kenya;and
• (d) meets the requirements of Chapter Six of the Constitution.
• (3)The Corporation Secretary shall, subject to the direction of the Board-
• (a) assist the members of the Board in their duties and responsibilities;
• (b) ensure the timely preparation and circulation ofdocuments and minutes of the Board;
• (c) be the custodian of the seal of the Institute and account to the Board
• for its use;
• (d) ensure that members of the Board are aware of all relevant laws affecting the Institute;
• (e)except in exceptional circumstances,ensure that Board papers are circulated in advance of any meeting;and
• (f) perform any other function that
• may be assigned by the Board.
• 29U.The Board of the Institute may appoint such officers and other staff of the Institute as are necessary for the proper and effective performance of the functions of the Institute,upon such terms and conditions of service as the Board of the Institute,on the recommendation ofthe Salaries and Remuneration Commission,may determine.
• 29V. Nothing done by a member of the Board of the Institute or by any person working under the instructions of the Board

Annual estimatesfor

the Institute.

shall,if done in good faith for the purpose of executing the powers,functions or duties of the Institute under the Constitution or this Act,render such memberorofficer

personally liable for any action,claim or demand

Funds of the Institute. 29W.The funds of the Institute snall

include-

• (a) such sums as may be appropriated by Parliament for the purposes of the Institute;
• (b) such monies as may accrue or vest in the Institute in the course of the exercise of its powers or the performance of its functions under this Act or any other written law;
• (c) gifts, grants or donations made to the Institute;and
• (d) such amounts from any public funds that may be created by law for the purposes of the promotion of any and all of the objects and functions of the Institute.
• 29X. (1) At least two months before the end of each financial year,the Board of the Institute shall cause to be prepared estimates of the revenue and expenditure of the Institute for that financial year.
• (2) The annual estimates shall make the Institute in the financial year for the
• provision for all estimated expenditure of fulfilment ofits functions.
• (3)The annual estimates for the Institute shall be submitted to the Cabinet
• Secretaryforapproval.
• (4) No expenditure shall be incurred for the purposes of the Institute except in accordance withtheannual estimates submitted undersubsection (3),or in

Investment of the surplus funds.

Award to inventor or innovator.

Cap.130. Cap.509.

pursuance of an authorization of the Board

of the Institute.

• 29Y.(1) The Board of the Institute may invest any surplus funds of the Institute which are not immediately required for its purposes in such securities as the National Treasury may,from time to time,approve.
• (2) The Board of the Institute may place on deposit with such bank or banks as itmay determine any moneysnot immediately required for the purposes of the Institute.
• 29Z.(1) Where the rights to any invention or innovation have been vested to the Institute,the Board of the Institute may award to the inventor or innovator such bonus as it may deem fit,or make provision for financial participation by the inventor or innovator in the profits derived from the invention or innovation.
• (2) The Institute may apply for a patent in respect of any invention or innovation contemplated in subsection (l) and shall for purposes of the Copyright Act, and the Industrial Property Act,be regarded as the assignee of the inventor or innovator of the invention or innovation.
• 11.Section 42 of the principal Act is amended by inserting the following new subsection immediately after subsection (3)-
• (4) A forest owner shall identify and designate specific areas of forest as buffer zones to reduce negative edge effects and enhance ecosystem services.
• 12.The principal Act is amended by inserting the following new section immediately after section 43

Management of forests including

dryland.

• 43A.(l) All forests,including dryland forests,shall be managed on a sustainable

basis to promote integrated management of Amendment of section 42 of Cap. 385.

Amendment of

First Schedule to Cap.476.

dryland forests throughtraditional and

• conventional management systems.
• (2)The Service and the Institute,in collaboration with county governments and
• pvate cwners,shall upscale commercial and non-commercial,agro-silvo-pastoralism, fruit and fodder trees in dryland areas.
• (3) The Service and the Institute shall promote sustainable harvesting and value
• additionofnon-wood forestproducts derived trom trees and forests.
• (4)'The Institute shall in collaboration with county governments and other relevant stakehaiders establish technologies for tree umprovement,non-timber value addition and imtroduction ofhigh value species
• programme for the drylands
• (s) Cabinet Secretary. consuitation with the Directorate, shall prescribe guidelines, standards and procehresforthe management and utilisacon of dryland forests.

followipg new section immediatcly after section 53-

Franwock for the Paymene for Sehemes

• S3A.() The Jnsdiuteshall,
• Bcosysem Serices Consultaton with relevantstakeholders, establish a framework for the Payment for Eeosysten Serices Schemes in public, comanunity and private forests
• (2) The Sevice and the Institute shall every hive years jointly umderake total economicvauation offorest ccosystem goods and services and submit the report to the Cabinet Secretary
• (3)The Service shall coordinate the implenentaton otthe Payment for Ecosystem Services Schemes mcluding the termsandconditionsin standardized contracts, agreements and operational manuals.

Bnsorton ot ne section to Cap.

385

• (4)The Institute shall develop operational guidelines to determine incentives for the ecosystem services.
• (5)The Cabinet tSecretary in consultation with the National Treasury shall mainstream incentive mechanisms for Payment for Ecosystem Services Schemes.
• 14.Section 55 of the principal Act is amended by deleting the words"week and International Day of Forests" and substituting therefor the following words"initiatives and other international forest events".
• 15.Section 56 of the principal Act is amended
• (a) in subsection (l),by inserting the words "public or"immediately after the words"invite the;and
• (b) in subsection (2), by inserting the following new paragraphs immediately after paragraph (d)-

"(da) easement for public roads and other public installations,"

"(db) wayleaves for public utilities.

• 16.Section 58 of the principal Act is amended-
• (a) in subsection (l),by deleting the word "Service" and substituting therefor the words "Cabinet Secretary";
• (b) adding the following new subsection immediately after subsection (3)-
• (4) A person who contravenes the provisions of this section commits an offence and shall be liable,upon conviction,to a fine not exceeding five hundred thousand orimprisonmentof a termnot exceeding oneyear or to both.
• 17.Section 61 of the principal Act is amended-
• (a) by renumbering the existingprovision subsection (1);and
• as
• (b) by inserting the following new subsection
• immediately after subsection(1)-

Amendment of

section55 of Cap. 385.

Amendment of section 56 of Cap. 385.

Amendment of section 58 of Cap. 385.

Amendment of section61 of Cap. 385.

• (2) A person who exports or imports a forest product prohibited for export or import under subsection (1) commits an offence and is liable on conviction to a fine not exceeding five million or to imprisonment for a term not exceeding three years or,to both.

2. 18.Section 64 of the principal Act is amended- 3. (a) in subsection (1)(a), by deleting the words "or 4. remove any forest produce" and substituting therefor the following words"transport or remove any forest produce without authority from the forest owner"; 5. (b) in subsection (2), by deleting the words "one hundred thousand shillings or to imprisonment for a term not exceeding six months,or to both such fine and imprisonmentand substituting therefor the following words "one million shillings or to imprisonment for a term not exceeding twelve months,or to both. 6. 19.Section 67 of the principal Act is amended- 7. (a) in subsection (l)(e),by deleting the words "national and county forests or"and substituting therefor the word"'public"; 8. (b) in subsection (2),by deleting the words "one 9. hundred thousand" and substituting therefor the words "two million or a jail term to not exceeding three years, or to both"; 10. (c)byadding thefollowing new immediately after subsection (8)- 11. subsection 12. "(9) In addition to the penalty prescribed under subsection (8),the court shall order the person to remove the exotic genetic material or invasive plants,solid,toxic or any other wastes from the forest,at that person's cost." 20. Section 71 of the principal Act is amended in subsection (l) by- 14. (a) inserting the words "of the Institute"immediately after the word"Board"; 15. (b) inserting the following new immediately after paragraph (t)- 16. paragraph

Amendment of section 64 of Cap. 385.

Amendment of section67 of Cap.

385.

Amendmentof section71 of Cap.

385.

• "(u) management forest carbon,including the Reduced Emissions from Deforestation and Forest Degradation nesting.
• 21.Section 75 of the principal Act is amended by
• inserting the following new sections immediately after sections 75-

Discoveries, inventions,etc.to

• 75A. (1) All rights in any discoveries,

vest in the Institute.

Fees and other charges for services or facilities offered

by the Institute.

• inventions,innovation,improvements and intellectual property rights in respect of processes,products,apparatus and machines made for or on behalf of the Institute shall vest in the Institute.
• (2) Without prejudice to the generality of subsection (1),the Institute and any other entity shall jointly own any discoveries, inventions,innovation,improvements and funding agreement between the Institute and any other entity.
• 75B.The Cabimet Secretary shall,in consultation with the Board of the Institute, prescribe the fees and other charges payable for any service or facility offered by the Institute.
• 22.The First Schedule to the principal Act is
• amended-
• (a) in the heading by inserting the words "and the Board of the Institute"immediately after the word "Board";
• (b) by adding the following paragraph immediately after paragraph 4-
• "5.For purposes of this Schedule the word "Board"includes the Board of the Institute."
• 23.The principal Act is amended by adding the following new schedule immediately after the Third Schedule-

Insertion of new section into Cap. 385.

Amendment to the First Schedule to

Cap.385

Insertion of new Schedule to Cap 385.

FOURTH SCHEDULE OATHOFALLEGIANCE

do hereby swear that,I shall be faithful and bear true allegiance,to the President and to the Republic of Kenya,that I shall at all times,as required and authorized by law,do my utmost,to preserve the peace,and prevent offences against the same, and that I shall,to the best of my skills and knowledge discharge all the duties of a forest officer,faithfully according to the law,and that during my tenure,in the Kenya Forest Service,I shall observe all such lawful orders as may be given to me, and I shall observe all Acts, regulations and orders.relating to the Kenya Forest Service.which may from time to time,be in force.

So,help me God

• 24.The Fourth Schedule to the Science,Technology
• and Innovation Act is amended by deletingparagraph 2.
• 25.(1) Upon commencement of this Act,all the funds, assets and other property,both movable and immovable, which immediately before such date were vestcd in the
• former Institute shall vest in the Institute.
• (2) All rights,obligations,powers and duties whether arising under any written law orotherwisewhich immediately before such day were vested in or imposed on the former Institute shall,be deemed to be vested in or imposed on the Institute.
• (3)All actions,suits or legal proceedings by or against the former Institute shall be carried on or prosecuted by or against the Institute and no such suit, action or legal proceedings shall abate or be affected by the coming into operation of this Act.
• (4) All directions,orders and authorizations given,or
• licenses or permits issued or registrations made by the former Institute and subsisting or valid immediately before the commencement day,shall be deemed to have been given,issued,or made by the Institute under this Act.
• (5) The administrative directions made by the former Institute or by the Cabinet Secretary which were in force immediately before the coming into operation of this Act shall,on and after such day,have force as if they were

Amendment of

the First Schedule to Cap.511.

Saving and

transition.

• directions made by the Board of the Institute or the Cabinet Secretary under this Act.
• (6)A contract subsisting between former Institute and another person or entity before the commencement of this Act shall subsist between the Institute,and that person or entity.
• (7) Any reference in any written law or in any document or instrument to the former Institute shall on and after the commencement of this Act,be construed to be a reference to the Institute.
• (8) The Chairperson and members of the Board of the former Institute,shall,at the commencement of this Act,be deemed to be the Chairperson and members of the Board of the Institute,respectively,for the unexpired period of their
• term.
• (9) In this section"former Institute"means the Kenya Forestry Research Institute established under the Science, Technology and Innovation Act.
• (10) The Director of the former Institute shall at the commencement of this Act, assume the duties of the Director General of the Institute for the remainder of the existing term of contract.
• (12)Aperson who,immediately beforethe commencement of this Act,was a member of staff of the former Institute shall be deemed to be a member of staff of the Institute subject to such terms of service as the Board of the Institute may, on the advice of the Salaries and Remuneration Commission,determine:

Provided that a member of staff of the Institute may exercise the option not to continue in the service of the

Institute.

• (13) Notwithstanding subsection (12) where at the commencement of this Act, any penalty, other than dismissal, has been imposed on any employee of the former employee,and the penalty has not been or remains to be served by such employee, such employee shall,on their transfer to the Institute serve or continue to serve such penalty to its full term as if it had been imposed by the Institute.
• (14) Nothing in this Act shall affect the pension rights of any employee under the Pensions Act.

Cap.189

MEMORANDUMOF OBJECTSAND REASONS

The main objective of this Bill is to establish a legal framework relating to forest conservation and management that is in tandem with modern realities,contemporary global discourse on forestry conservation and management and Kenya's obligations on the environment and generally conform to the dictates of the Constitution.

Further,the amendments to the Forest Conservation and Management Act are premised on the emerging needs and existing gaps within the forest sector. These needs and existing gaps have been discussed in the recently approved National Forest Policy,2023 which now forms the basis for national action with regards to forestry development,conservation and management.

Clause 2 of the Bill seeks to amend section 2 of the Act. The amendment seeks to introduce the definition of certain terms and phrases used in the proposed amendments to the Act. It also seeks to amend certain definitions in the Act.

Clause 3 of the Bill seeks to amend section 4 of the Act to include the promotion of efficientwater harvesting and management technologies for tree growing in dryland areas as a principle to be observed by all actors in the forestry sector.

Clause 4 of the Bill proposes to amend section 7 of the Act to provide for the headquarters of the Service and to require the devolution of the services of Kenya Forest Service.

Clause 5 of the Bill proposes an amendment to section 8 which seeks to provide for certain additional functions of Service, including development of agroforestry and commercial forestry in private and community land in collaboration with respective county governments and the individual owners ofprivate forests.

Clause 6 of the Bill seeks to amend section 16 of the Act to empower the Cabinet Secretary to handle the designation of officers as uniformed and disciplined. The current provision requires that the Board, on the recommendation of the cabinet secretary responsible for matters uniformed and disciplined officers.The amendment also introduces mandatory training and also oath ofoffice for designated staff.

Clause 7 of the Bill seeks to insert a new section 17A to provide for the establishment of the Kenya ForestAcademy.The Academy shall be an institution within the Service. The Kenya Forest Academy shall, among other things,provide training to the officers of the service.

Clause 8 of the Bill proposes an amendment to section 2l of the Act to provide for an additional function of the county governments in relation to forests.

Clause 9 of the Bill proposes an amendment to section 22 of the Act to delete the reference to the Science. Technology and Innovation Act

(Cap.511).

Clause 10 of the Bill proposes the insertion of rew Parts IllA and HHIB to the Act.Part JHIA introduces a significant institutional development in the forest sector govemance and management,the establishment of the office of the Director cf Forest Regulation,responsible for seting standards and regulation of entities in the forest sector.

The new Part HiB seeks to establish the Kenya Forestry Research Institute under he Act. The Institute is currently housed in a Schedule to the Science, Technology and Innovation Act. Anchoring the Institute in the Act will ensure enhanced coordination and the Institute wili now exist in an-operational space that is relevant to its mandate.The new Part also contains a more streamlined and expanded mandate of the Institute, imcluding the provision of commercial forestry iuvestment advisory

Clause 11 of the Bill seeks to arend section 42 of the Act by adding

a new subsection (4) requiring an owrer of any forest to identify and designate specific areas of the forest as butfer zones to reduce negative edge effects and enhance ecosysteim servces

Clause 12 of the Bill seeks to insert a new section 43A to require, among other things, that all dryland forests be managed on a sustainable traditicnal and conventiorai management systems and that Service and the Institute,in collaboration with couety governments and private owners, shall upscale commercial and non-commercial,agro-silvo-pastoralism, fruit and fodder trees in dryland areas

Clause 13 of the Bill seeks to introduce a new proposed section S3A

which is intended tc cmpower the Institute to establish protocols for Payne.t tor Ecosystem Services schemes.

Clause 14 of theBill seeks to amend section 55 of the Act to expand its scope to provide beyond just the national tree planting days to other events in the conservation and promotion of forestry events in Kenya.It is now proposed to empower or require the Cabinet Secretary to plan and execute programmes necessary for observing the national tree-planting

initiatives and other international forest events.

Clause 15 of the Bill seeks to amend section 55 so as to cmpower the

Service to grant easements in public forests ordy for public roads and critical installations and wayleave for public utilities.

Clause 16 of the Bill seeks to amend section58o fransfertrom the Service to the Cabinet Secretary,the power to gazetie a chain-of-custody system for the verification of the origin of forest products from public, community and private forests and the compliance.

Clause 17 of the Bill proposes to amend section 6l so as to introduce a penalty for the offence of exporting or importing a forest product prohibited for export or import.

Clause 18 of the Bill seeks to amend section 64 so as to protect all forests,including private forests,from unlawful violation by unauthorized persons.The current provision only protects public forests.The amendment further seeks to enhance punishment of the offences under that section up from one hundred thousand shillings or to imprisonment for a term not exceeding six months to exceeding one million or imprisonment for a term not exceeding twelve months.

Clause 19 of the Bill seeks to amend section 67 of the Act in order to streamline the terminology with respect to public forests.It also seeks to enhance the penalty for the offence of importing,exporting,re-exporting or introducing any forest products into or from Kenya without a permit.

Clause 20 of the Bill proposes to amend section 7l of the Act to require the Cabinet Secretary to consult on the recommendation of the Board of the Service and the Board of the Institute while making regulations for carrying into effect the provisions of the Act.

Clause 21 of the Bill provides for new sections to protect the rights

of the Institute over discoveries,inventions,innovation,improvements and intellectual property rights of the Institute and vests the same in the Institute. The institute is also permitted to jointly own any discoveries, inventions,innovation,improvements and intellectual property rights pursuant to a funding agreement between the Institute and any entity. The proposed new section 75B seeks to empower the Institute to prescribe the fees and other charges payable for any service or facility it offers.

Clause 22 of the Bill seeks to amend the First Schedule to mandate the Board of the Institute to regulate and conduct its business and affairs in the manner provided in the Schedule.

Clause 23 of the Bill seeks to insert a new Schedule after the Third Schedule to provide for the Oath of allegiance for the officers designated

under section 16 of the Act.

Clause 24 of the Bill provides for consequential amendments to the Science,Technology and Innovation Act, Cap.511 to delete the Kenya

Forestry Research Institute from the list of research institutes under that Act.

Clause 25 of the Bill seeks to provide for transitional matters and savings in relation to the Institute.

Statement on the delegation of legislative powers and limitation of fundamental rights and freedoms

The Bill delegates legislative powers,but it does not limit fundamental rights and freedoms

Statement on whether the Bill concerns County Governments

Paragraph 10 of Fart 2 of the Fourth Schedule to the Constitution provides that implementation of specific national government policies on natural resources and environmental conservation,including soil and water conservation and forestry conservation,is a function of the county governments.

In view of this, the Bill does concern county governments in terms of Article 1i0(1)(a) of the Constitution as it does affect the functions and powers of county governments recognized in the Fourth Schedule to the

Constitution.

Statement on whether the Bill is a money Bill within the meaning of Article 114 of the Constitution

The enactment of this Bill may occasion additional expenditure of public funds.

Dated the 24th July, 2025.

KIMANIICHUNG'WAH, Leader of the Majority Party.

Section 2 of Cap.385which it is proposed to amend-

2.Interpretation

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 asprovided 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 term agreement issued by the Service for the management of a specified forest area at a price determined after forest valuation and bidding;

"customary rights" mean the rights which result from a long series of habitual or customary actions, constantly repeated,which have,by such repetition and by uninterrupted acquiescence,acquired the force of a law within a geographical or sociological unit;

"ecosystem" means a dynamic complex of plant, animal microorganism communities and their non-living environment interacting as a

functional unit;

"forest" means land which is declared or registered as a forest, or woody vegetation growing in close proximity in an area of over 0.5 of a hectares including a forest in the process of establishment,woodlands,

thickets;

"forestlandmeans a tract of land,including its flora and fauna,that is devoted to growing trees for the production of timber,wood and other

forest products;

"forest community"means a group of persons who have a traditional

association with a forest for the purposes of livelihood,culture or religion;

"forest concession"means the right of use granted to an individual or organization in respect to a specific area in a national or county forest by means of a long-term contract for the purpose of commercial forest management and utilization;

"forest industriesmeans all businesses and organizations whose primary activities include growing,managing,processing or marketing of trees;

"forest manager" means a person responsible for the management of

including-

in the case of a public forest,the Kenya Forest Service or the County

Government as the case may be;

in the case of a community forest the person responsible for the management of community land under the relevant law;and

in the case of a private forest,the owner of the private forest;

"forest management plan"means a written document establishing direction and goals for the management,conservation and utilization of a

specific forest land area; specifying-

all silvicultural practices and activities necessary to accomplish the merchantable production of a forestproduct;and

all practices that will minimize adverse environmental effects and improve livelihoods;

"forest officer" includes the professional, technical and disciplined cadre of the Service;

"forest owner"means-

in the case of a public forest,the government as defined in Article 62(1)(g)of the Constitution;

in the case of a community forest,the community as defined in Article 63 of the Constitution;and

in the case of a private forest, the registered owner of the land as

defined in Article 64 of the Constitution.

"forest produce"includes bark,animal droppings,beeswax,canes, charoal,rpers,arth,fibre,rewood,rankincense,fuit,galls,ra, gum,honey,leaves,flowers,limestone,moss,murram,soil,myrrh,peat, plants,rds,resin,rushs,rubber,ap,oil,ds,ics,sones,mbr, trees,water,wax,withies,and such other things asmaybe declared by the

Cabinet Secretary to be forest produce for the purpose of this Act;

"forest resources"means anything of practical,commercial, social,

religious,spiritual,recreational,educational,scientific,subsistence,r other potential use to humans that exists in the forest environment, including butnot limited to flora,fauna,and microorganisms;

"Fundmeans the fund established pursuant to Section 27;

green zone" trees planted in an urban area covering less than O.5 ha.

"indigenous forest"means a forest which has come about by natural

regeneration of treesprimarily native to Kenya;

"Institutemeans the Kenya Forestry Research Institute established under the Science,Technology and Innovation (Cap.511);

"joint management agreement"means authorization where the

Service or the County Department responsible for forestry agrees to enter into partnershipwith otherpersons for the jointmanagement of a specified forest area,specifying the contribution,rights and obligations of each party and setting out the methods of sharing the costs and benefits accruing from the forest so managed;

"licencemeans a permit or other written authorization issued under the provisions of this Act;

"livestockmeans domesticated animals such as cattle,goats,sheep,

asses,poultry,horses,camels and pigs and includes their young thereof;

"nature reserve"means an area of land declared to be nature reserve under Section 39;

"permitmeans authorization issued to a person to undertake a specified forestry-related activity or service;

"person"means a natural person,an association,organization or a corporatebody;

"private forest" means forest as classified under Section 30(4);

"property markmeans a mark placed on a log,timber or other forest

produce with a prescribed instrument to denote ownership by the Service or any other person;

"protected tree"means any tree or tree species which has been

declared under this Act to be protected;

provisional forests"means any forest which has been declared a provisional forest by the Cabinet secretary under Section 35;

"public forestmeans forests as classified under 30(2) and (3);

"Service means the Kenya Forest Service established under Section

7of this Act;

"special use licence"means authorization issued to a person to undertake an activity whose primary purpose is to yield public benefit in transportation,communication,energy,research or education;

"timber means any tree hat has been felled or which has fallen,and

cut wood or logs;

"timber licence"means authorization issued to a person for timber harvesting in a specified forest area;

"wildlifemeans all forms of fauna and flora other than domesticated plants and animals.

Section 4of Cap.385which itisproposed to amend-

4.Guiding Principles

The principles of this Act shall be

• (a) good governance in accordance with Article 10of the Constitution;
• (b)publicparticipationand community involvement inthe
• management of forests;
• (c) consultation and co-operation between the national and county governments;
• (d) the values and principles of public service in accordance with Article 232 of the Constitution;
• (e) protection of indigenous knowledge and intellectual property rights of forests resources;and
• (f) international best practices in management and conservation of forests.

Section 7of Cap.385which it is proposed to amend-

7.Establishment of the Kenya Forest Service

• (1) There is established a service to be known as the Kenya Forest Service.

• (2) The Service shall be a body corporate with perpetual succession and a common seal and shall,in its corporate name.be capable of-

2. (a) suing and being sued; 3. (b).taking,purchasing or otherwise acquiring,holding,charging or disposing ofmoveable and immovable property: 4. (c) entering into contracts;and 5. (d) undertaking or performing all other activities necessary for the lawfullybe done orperformed by a body corporate.

Section 8 of Cap.385which it is proposed to amend-

8.Functions of the Service

The functions of the Service shall be to-

• (a) conserve,protect and manage all public forests in accordance
• with the provisions of this Act;
• (b) prepare and implement management plans for all public forests and,where requested,assist in preparation of management plans for community forests or private forests in consultation with the
• relevant owners;
• (c)receive and consider applications for licenses or permits in
• relation to forest resources or management of forests or any other relevant matter in accordance with this Act;
• accordance with the provisions of this Act;
• (e)assist county governments to build capacity in forestry and forest
• management in the counties;
• (f)in consultation with relevant stakeholders,develop programmes for tourism and for recreational and ceremonial use of public forests:
• (g)promote forestry education and training;
• (h) register and maintain a register of all forest management plans
• prepared for public forests;
• (i) collaborate with relevant persons in identifying research needs and applying research findings in relation to forests and forestry;

• () manage water catchment areas in relation to soil and water conservation,carbon seguestration and other envronmental services in coliaboration withrelevant stakeholders:

(k)prepare-—

• (i)a Forest Status Repon for ue abinet Secretary once in every two years,and
• (ii)a Resource Assessment Report for the Cabinet Secretary once in every five years,
• (1) consider andrecommendtotheCabinerSeoretary the
• establishment of public forests on un-aiienated public land or any other public land;
• (m)considerand reconnend totheCabinetSecreiary determination and alteration of boundaries of public forests;
• tbe
• (n) establish forest conservancy areas for purposes of ccnservation and management;
• (o) approve the provision of credit facilities and technical training for community-based forest industries,and the provisionof incentives to persons for the sustainable utilization of wood and non-wood forest products;
• (p)implement and enforce rulesand regulations governing
• (q) develop,maintain and regularly update a geographicinformation system database of all forests in Kenya.

Section16 of Cap.385which it isproposed to amend-

16.Uniformed and disciplined staff

• (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 tobe a uniformed and disciplined force.
• (2) The Board may prescribe a disciplinary code for the cadre of staff designated under this section to be a uniformed and disciplined force.

3. (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 4. Constitution.

Section 17of Cap.385which it isproposed to amend-

17.Kenya Forestry College

• (1) There is hereby established a college to be known as the Kenya Forestry College that shall-

• (a)provide forestry education;
• (b)provide vocational and technical training courses in forest conservation,and the management and sustainable utilization of
• forests;and
• (c)provide training in the protection of forests and allied natural resources.
• (2) The College shall develop training programmes from certificate to
• diploma level in forestmanagement and utilization.
• (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.
• (4) The Board shall formulate policies for the administration and
• management of the College.

Section 21 of Cap.385whichitisproposed toamend-

21.Forestry functions of County Governments

• (1) Each County Government-

2. conservation; 3. (b) shall manage all forests on public land defined under Article 4. 62(2)of the Constitution; 5. (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 forestmanagement and conservation; 6. (d) shall promote afforestation activities in the county; 7. (e) shall advice and assist communities and individuals in the 8. management of community forests or private forests;and 9. (f)may enter into joint management agreements with communities or individuals for the management of community forests or private forests. 10. (2)A county assembly may enact legislation for the better carrying 11. into effect of the provisions of this section.

• (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 22of Cap.385 which it is proposed to amend-

22.Forestry research and development

• (1Te Kenya Fotestry Reseauch Institute,as established under the Scieace.Technology and lnnovaron Act (Cap.511). shall be the agency in forestry research and development,
• () The Institute shall develop research and developmeut programnes toprovide imiormation and technclogles for sustainable developmient of forestry and allied natural resources.
• (3) The Institute shall.in consultation with relevant organizations-
• (a) prepare forestry rescarch and development strategies for the
• country;
• resources;
• (c) disseminate Fescarch findings to support forestry development in the country and counties;and
• (d) participate ia the developmenc and monitoring of national forest
• standards
• (4) The Institute shall.on a regar basis,compile and subinit a report for the Cabinet Secretary relating to torestry research and development.

Section 29of Cap.385 which it is proposed t0 amend-

29.Management of the Trust Fund

• (1)The Trust Fund shall be managed by a Board of Trustees appointed by the Cabimet Secretary.
• (2) The Board of Trustees shall comprise of
• (a) a chairperson and four other members appoin.ed by the Cabinet Secretary in an open and competitive process;
• (b) the Director-General or a designated representative.hr shall e an ex officio member of the Board:an
• (c)he principal Secretary responsible for forestry who shall be an ex officio member of the Board.
• (3) The Board of Trustees shall-
• (a) determine the amounts ofmoney payable in respect of any purpose for which the Fund is established and formulate the conditions for disbursement:

• (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
• (c)keep and maintain audited accounts of the Fund and publish such accounts in such manner as may be approved by the National Treasury.
• (4) The Cabinet Secretary shall make regulations for the management and administration of the Fund.

Section 42 of Cap.385which it is proposed to amend-

42.Management of indigenous forests

• (1) All indigenous forests and woodlands shall be mianaged on a sustainable basis for purposes of-

2. (a) conservation of water,soil and biodiversity: 3. (b)riparian and shoreline protection; 4. (c) cultural use and heritage; 5. (d) recreation and tourism: 6. (e) sustainable production of wood and non-wood products; 7. (f) carbon sequestration and other environmental services; 8. (g) edncation and research purposes; 9. (h) habitat for wildlife in terrestrial forests and fisheries in mangrove forests. 10. (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.

• (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 43of Cap.385 whichit isproposed to amend

43.Management of plantation forests

• (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.
• (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 inat least two daily newspapers ofnational circulation calling for applications from interested persons for the management of the public forest.

• (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.
• (4) A person aggrieved by the decision of the Service in relation to Environment and Land Court within sixty days of the decision.

3. (5) A licence,concession,contract or joint management agreement made in accordance this section shall comply with the Constitution,this Actand any relevant written law. 4. (6) The Service shall consider the interests of the local communities in the management ofpublic forests.

Section53of Cap.385which it is proposed toamend

53. Incentives and benefit sharing

Subject to Article 66 of the Constitution,investors in forests shall share the benefits of their investment with local communities by applying various options including but not limited to infrastructure,education, employmentand social amenities and in accordance withrules made under this act or other relevant laws.

Section 55of Cap.385which it is proposed to amend-

55.National tree planting week

The Cabinet Secretary shall plan and execute programmes necessary for observing the national tree-planting week and the International Day of Forests.

Section56of Cap.385which itisproposed toamend

56.Authorization and private sector involvement

• (1) The Service may,whenever circumstances make it necessary or appropriate to do so,invite the private sector to participate in the sustainable management offorests under their jurisdiction.
• (2) The Service may issue authorisations for forestry activities in form of--

3. (a)apermit; 4. (b) a timber licence;

• (c)a special use licence;
• (d)a contract;
• (e) a joint management agreement; or
• (f) a concession agreement.
• (3) No authorization shall be issued in respect of a forest for which there is a pre-existing authorization,except on terms mutually agreed upon by all the parties involved.

Section58 of Cap.385which it is proposed to amend-

58.Chain-of-custody

• (1) The Service shall publish in the Gazette a chain-of-custody community and private forests and the compliance of license holders in accordance with this Act.
• (2)The Service shall upon request support the process of establishing and maintaining the chain of custody for a county government.
• (3) A person in possession of or trading in forest products shall comply with the requirements of the chain-of-custody system established under this section.

Section61 of Cap.385which it isproposed to amend

61.Prohibition on trade in restricted forest produce

The Cabinet Secretary may declare by Notice in the Gazette any forest produce that may notbe exported or imported.

Section 64 of Cap:385which it is proposed to amend-

64.Prohibited activities in forests

• (1) Except under a licence or permit or a management agreement issued or entered into under this Act,no person shall,in a public or provisional forest-

2. (a) fell,cut,take,burn,injure orremove any forest produce; 3. (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; 4. (c) erect any building or livestock enclosure,except where the same is allowed for a prescribed fee;

• (d) smoke,where smoking is by notice prohibited,or kindle,carry or
• throw down any fire,match or other lighted material;
• (e) de-pasture or allow any livestock to be therein;
• (f) clear,cultivate or break up land for cultivation or for any other purpose;
• (g) enter any part thereof which may be closed to any person;
• (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;
• (i) construct any road or path;
• (j) set fire to,or assist any person to set fire to,any grass or undergrowth or any forest produce;
• (k) possess, bring or introduce any chain saw or logging tools or equipment;
• (l) damage,alter,shift,remove or interfere in any way whatsoever with any beacon,boundary mark,fence notice or notice board.
• (2) Any 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) Any person who contravenes the provisions of section 60 shall be guilty of an offence and is liable on conviction to a fine not exceeding one million or to imprisonment for a term not exceeding threeyears,or to both such fine and imprisonment.
• (4) Any person who contravenes the provisions of section 59 shall be guilty of an offence and shall be liable upon conviction to a fine not exceeding five million shillings or to imprisonment for a term not exceeding three years,or to both such fine and imprisonment.

Section 67 of Cap.385which it is proposed to amend-

67.Other offences

• (1) Any person who-

2. (a) commits a breach of,or fails to comply with the provisions of this 3. Act;

• (b) commits a breach of,or fails to comply with any of the terms or conditions of a licence issued to him or her under this Act;
• (c)fails to comply with a lawful requirement or demand made or given by a forest officer;
• (d) obstructs a person in the execution of his or her powers or duties
• under this Act;
• (e) makes or is found in possession of charcoal in a national, county or provisional forest; or in community forest,private forest or farmlands without a licence or permit of the owner as the case may be:

commits an offence and is liable on conviction to a fine not exceeding fifty thousand shillings or to imprisonment for a term not exceeding six months,or to both such fine and imprisonment.

• (2) Any person who wilfully or maliciously sets fire to any public provisional,community or private forest commits an offence and is liable on conviction to a fine not exceeding one hundred thousand shillings or to imprisonment for a term not less than one year,or to both such fine and imprisonment.
• (3) Any person who operates a sawmill in a manner contrary to that prescribed in rules made under this Act commits an offence and is liable on conviction to a fine not exceeding one million shillings or to imprisonment for a term not exceeding three years,or to both such fine and imprisonment.
• (4) Save under a licence or permit or a management agreement issued or entered into under this Act,no person shall,in a forest capture or kill any animal,setorbeinpossession of any trap,snare,ginornet,or digany pit,for the purpose of catching any animal,or use or be in possession of anypoison or poisoned weapon:

Provided that nothing in this sub paragraph shall be deemed to prohibit the capturing or killing of an animal in accordance with the conditions of a valid license or permit issued under the Wildlife Conservation and Management Act (Cap.376).

• (5) Any livestock found in any forest shall,unless the owner thereof proves to the contrary,be deemed to be there under the authority of the owner aswell as the person,if any,actually in charge of the livestock.
• (6) The livestock detained under this section shall be auctioned at the expiry of seven days if the owner does not reclaim it,and the proceeds of such auction shall be paid to the Service.

• (7) Neither the Service nor the County Government or any of their officers shall be liable for the injury,loss or death of any livestock so seized and detained under Section 64(1)(e).

2. (8) Any person who,in any forest area 3. (a) introduces any exotic genetic material or invasive plants without authority from the forest manager; 4. (b) dumps any solid,liquid,toxic or other wastes in a forest without authority of the forest manager; 5. (c) grows any plant from which narcotic drugs can be extracted; or 6. (d) extracts,removes,or causes toberemoved,any tree,shrub orart thereof for export;

commits an offence and is liable on conviction to a fine not exceeding three million shillings or to imprisonment for a term not exceeding ten years,or to both such fine and imprisonment.

Section 71 of Cap.385which it is proposed to amend

71.Regulations

• (1) The Cabinet Secretary may,on the recommendation of the Board, make Regulations for or with respect to any matter which is necessary or expedient to be prescribed for carrying out or giving effect to this Act.
• (2) Without prejudice to the generality of the foregoing,Regulations may be made under this section for-

3. (a) formulating guidelines on incentives and benefit sharing; 4. (b) specifying the conditions subject to which any licence,permit or authorization may be granted or issued under this Act; 5. (c) regulating activities in public forests,provisional forests,nature reserve and visitor indemnity; 6. (d) prescribing measures that enhance community participation in the conservation and management of forests; 7. (e)providing for protection of endangered and threatened tree species; 8. (f) prescribing measures and mechanisms for participatory forest management agreements with other stakeholders and lead agencies;

• (g)prescribing the manner of representation of communities and other stakeholders to the Board andforest conservation
• committees;
• (h) controlling the harvesting,collection,sale of and disposal of
• forest produce including timber grading and marking;
• (i) prescribing the amount of royalties or fees payable under this Act generally or in particular cases;
• 1 regulating the use and occupation of national and county forests
• for the purposes ofresidence,cultivation,and grazing;
• (k) providing guidelines for eco-tourism including recreation,
• camping,picnicking and cultural activities;
• (l) providing guidelines for management planning process;
• (m)providing the circumstances in which licences,permits,leases, varied or cancelled,and the manner in which a person to whom a licence is granted may exercise a right or privilege conferred upon him/her by the licence;
• (n) regulating the felling,working and removal of forest produce in areas where trees may be felled or removed;
• (o) providing for compulsory use of property marks by the Service, the County Department responsible for forestry and owners of
• private forests for the purpose of identifying wood sold from national,county,community,provisional andprivate forests;
• (p)prescribing conditions under which mismanaged or neglected forests may be declared provisional forests and conditions for reverting them to the original owners;
• (q) providing for the creation of new forest areas including establishment of commercial forests;
• (r)regulating production,transportation and marketing of charcoal;
• (s) ensuring compliance with international obligations;
• (t)regulating engagement and operationalization of the payment for environmental services scheme.
• (3) Regulations made under this section may require acts to be performed or done to the satisfaction of the Service,and may empower the Board to issue orders imposing conditions and dates upon,within or before which such acts or things shall be performed or done.

• (4) Upon the recommendation of the relevant county government and in consultation with the Board,the Cabinet Secretary may make

2. Regulations in respect of any community forests in the County.

• (5) For the purpose of Article 94(6) of the Constitution-

4. (a) the purpose and objective of the delegation under this section is to enable the Cabinet Secretary to make regulations to provide for the better carrying into effect the provisions of this Act; 5. (b) the authority of the Cabinet Secretary to make regulations under this Act will be limited to bringing into effect the provisions of this Act and fulfillment of the objectives specified under this section;

the principles and standards applicable to the regulations made under this section are those set out in the Interpretation and General Provisions Act (Cap.2) and the Statutory Instruments Act (Cap.2A).

Section 75 of Cap.385which it is proposed to amend-

75.Cap.387toapply

• (1) Where a provision of this Act requires a person to conserve or protect the environment,the relevant provisions of the Environmental Management and Co-ordination Act (Cap. 387),shall also apply with respect to the manner in which the conservation or protection shall

2. proceed.

• (2) No user rights or other licence or permit granted under this Act shall exempt a person from complying with the relevant provisions of the Environmental Management and Co-ordination Act (Cap. 387),or any other written law concerning the conservation and protection of the environment.

4. (3)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 underthe Environmental Management and Co-ordination Act (Cap.387),has not been complied with.

Section 77 of Cap.385which it is proposed toamend-

77.[Spent]

The First Schedule of Cap.385which it is proposed to amend-

FIRST SCHEDULE [s.12]

CONDUCT OF BUSINESS AND AFFAIRS OF THE BOARD

1.Tenure of office and conduct of business of the Board

• (1) The chairperson of the Board shall hold office for a term of three years and shall be eligible for re-appointment for one further term of three

2. years.

• (2) Other than ex officio members,a member of the Board shall, subject to the provisions of this section,hold office for a period not exceeding three years on such terms and conditions as may be specified in the instrument of appointment,and shall be eligible forre-appointment for one further term of three years.
• (3) The members of the Board shall be appointed at different times so that the respective expiry dates of their terms of office fall at different

5. times. 6. (4) A member other than the chairperson or an ex officio member 7. may- 8. (a) at any time resign from office by notice in writing to the Cabinet Secretary; 9. (b) be removed from office by the Cabinet Secretary if the member- 10. (i) has been absent from three consecutive meetings of the Board without the permission of the chairman;or 11. (ii) is adjudged bankrupt or enters into a composition scheme or arrangement with his creditors;or 12. 111 is convicted of an offence involving fraud or dishonesty;or 13. (iv) is convicted of a criminal offence and sentenced to imprisonment for a term exceeding six months or to a fine exceeding ten thousand shillings; or 14. V is incapacitated by prolonged physical or mental illness;or 15. (vi) is found to have acted in a manner prejudicial to the aims and objectives of this Act;or 16. (vii) fails to comply with the provisions of this Act relating to 17. disclosure;or 18. (viii) is otherwise unable or unfit to discharge his/her functions 19. as a member of the Board.

2.Meetings of the Board

• (1) The Board shall meet not less than four times in every financial year,and not more than four months shall elapse between the date of one meeting and the date of the next meeting:

Provided that the chairperson may call a special meeting of the Board at any time where he deems it expedient for the transaction of the business of the Board.

• (2) Other than a special meeting,or unless three quarters of members agree,at least fourteen dayswritten notice of every meeting of the Board shall be given to every member of the Board by the secretary.
• (3) The quorum for the conduct of business of the Board shall be half of the members' and unless a unanimous decision is reached,decisions shall be by a majority vote of the members present,and in the case of an equality of votes,the chairperson or the person presiding shall have a casting vote.
• (4) The chairperson shall preside over all meetings of the Board in which he is present,but in his/her absence,the vice-chairman shall preside,and in his/her absence the members present shall elect one of their number who shall,with respect to that meeting and the business transacted thereat,have all the powers of the chairperson.

4. (5) At the first meeting of the Board,the members shall elect a vicechairperson,not being a public servant,from among its members.

3.Disclosure of interests

• (1) If a member is directly or indirectly interested in any contract, proposed contract or other matter before the Board and is present at the meeting of the Board at which the contract,proposed contract or matter is the subject of consideration,he/she shall,at the meeting and as soon as practicable after the commencement thereof,disclose that fact and shall be excluded at the meeting at which the contract,proposed contract or matter is being considered.
• (2) A disclosure ofinterest made under this section shall be recorded in the minutes of themeeting at which it ismade.

4.Board may regulate procedure

Save as provided in this Schedule, the Board may regulate its own procedure.