Act No: No. 47 of 2013
Act Title: WILDLIFE CONSERVATION AND MANAGEMENT

An Act of Parliament to provide for the protection, conservation, sustainable use and management of wildlife in Kenya and for connected purposes

[ Date of commencement: 10th January, 2014. ]
[ Date of assent: 24th December, 2013. ]
Arrangement of Sections
PART I – PRELIMINARY
1.
Short title

This Act may be cited as the Wildlife Conservation and Management Act, 2013.

2.
Application

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

3.
Interpretation
(1)

In this Act, unless the context otherwise requires—

“aircraft” means any type of aeroplane, airship, balloon or kite, whether captive, navigable or free, and whether controlled or directed by human agency or not;

“alien species” means a species that is not indigenous to Kenya or an indigenous species translocated to a place outside its natural distribution range in nature and which in its natural habitat is usually found in nature;

“animal” means any species or the young or egg thereof, but does not include a human being or any animal which is commonly considered to be a domestic animal or the young or egg thereof;

“authorized officer” includes a member of, the Service, a forest officer, a fisheries officer, a police officer, a customs officer, an administrative officer, or any person so designated under this Act;

“biodiversity” means the variability among living organisms from all sources including ecosystems and the ecological complexes of which they are a part, compassing ecosystem, species and genetic diversity;

“biological resources” includes genetic resources, organisms or parts thereof, populations, or any other biotic component of ecosystems with actual or potential use or value for humanity;

“bio-piracy” means the exploration of biological resources without the knowledge and non-coercive prior consent of the owners of the resources and without fair compensation and benefit sharing;

“bio-prospecting” means the exploration of biodiversity for commercially valuable genetic and biochemical resources;

“biotechnology” means any technological application that uses biological systems, living organisms, or derivatives thereof, to make or modify products or processes for specific use;

“Cabinet Secretary” means the Cabinet Secretary for the time being responsible for matters relating to wildlife;

“capture” includes any act immediately directed at the taking alive of wildlife or the taking of nests, eggs or young of any wildlife;

“community” means a group of individuals or families who share a common heritage, interest, or stake in unidentifiable land, land based resources or benefits that may derived therefrom;

“community wildlife association” refers to an association established under the provisions of this Act;

“community wildlife scout” means a person appointed as such under this Act;

“competent authority” means—

(a)

in relation to public land, the National Land Commission;

(b)

in relation to any other land, the owner thereof or the person for the time being entitled to the use, rents and profits thereof;

“conservation area” means a tract of land, lake or sea with notable environmental, natural features, biological diversity, cultural heritage, or historical importance that is protected by law against undesirable changes;

“conservation order” means a wildlife conservation order issued under section 65 of this Act.

“corridor” means an areas used by wild animals when migrating from one part of the ecosystem to another periodically;

“County Wildlife Conservation and Compensation Committee” means the committee established under section 18 of this Act;

“cropping” means harvesting of wildlife for a range of products;

“culling” means selective removal of wildlife based on ecological scientific principles for management purposes;

“dealer” means any person who, in the ordinary course of any business or trade carried on by him, whether on his own behalf or on behalf of any other person—

(a)

sells, purchases, barters or otherwise in any manner deals with any trophy; or

(b)

cuts, carves, polishes, preserves, cleans, mounts or otherwise prepares any trophy; or

(c)

transports or conveys any trophy;

“Department” means the State Department for the time being responsible for matters relating to wildlife;

“devolution” means the transfer of rights, authority and responsibilities by the national wildlife agencies to the local delimited geographic and functional domains;

“Director-General” means the Director-General of the Service appointed under section 11;

“dispersal” areas means areas adjacent to or surrounding protected wildlife conservancies and sanctuaries into which wild animals move during some periods of the year;

“domestic animal” includes any dog, sheep, pig, goat, cat, guinea pig, donkey, horse, camel, European rabbit, bull, cow, ox, ram or the young of such animal;

“domestic bird” means any chicken, duck, goose, turkey, rock pigeon, or the eggs or young thereof;

“ecosystem” means a dynamic complex of plant, animal, micro-organism communities and their non-living environment interacting as a functional unit;

“endangered ecosystem” means an ecosystem of exceptional biodiversity value or a habitat of endangered or endemic species which has undergone severe degradation;

“endangered species” means any wildlife specified in the Fourth Schedule of this Act or declared as such by any other written law or any wildlife specified in Appendices of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES);

“endemic species” means species of plants or animals that are found only in Kenya or in only one locality in Kenya, and not in any other place;

“environment impact assessment” has the meaning assigned to it under the Environmental Management and Co-ordination Act, 1999 (No. 8 of 1999);

“ex- conservation” means conservation outside the natural ecosystem and habitat of the biological organism;

“forest officer” shall have the meaning assigned to it under the Forests Act, 2005;

“game farming” means the rearing of wildlife in an enclosed and controlled environment for wildlife conservation, trade and recreation;

“game ranching” means the keeping of wildlife under natural extensive conditions with the intention of engaging in wildlife conservation, recreation and trade;

“government trophy” means a trophy declared to be a Government trophy by or under the provisions of this Act;

“habitat” means a place or site where wildlife naturally occurs and which provides food, cover and water on which wildlife depend directly or indirectly;

“harvesting” means the felling, trimming, docking, splitting, debarking, extracting or uprooting of any plant or plant substance;

“hazardous substance” means any chemical, waste, gas, medicine, drug, plant, animal or micro-organism which is likely to be injurious to human health or the environment;

“honorary warden” means a honorary warden appointed by the Cabinet Secretary under section 12(5);

“hunt” means and includes—

(a)

to kill, injure, shoot at;

(b)

wilfully disturb or molest by any method;

(c)

lie in wait for, or search for, with intent to kill, injure or shoot at, molest a nest or eggs of, any wild animal;

“ conservation” means conservation within the natural ecosystem and habitat of the biological organism;

“Inspector-General of Police” means Inspector-General within the meaning of the National Police Service Act (No. 11A of 2011);

“inter-generational” means the conscious endeavour by the present generation, in the exercise of its right to beneficial use of wildlife resources, to enhance and maintain them for the benefit of future generations;

“intra-generational equity” means the right of the people within the present generation to benefit equitably from the exploitation of wildlife resources;

“invasive species” means a non-indigenous species trans-located to a place outside its natural distribution range in nature and which dominates other indigenous species or takes over the habitat;

“land” has the meaning assigned to it by the Constitution of Kenya;

“licensing officer” means a person appointed by the Cabinet Secretary, by notice in the Gazette, to be a licensing officer for the purposes of this Act;

“marine park” means a protected marine area where no fishing, construction work or any disturbance is allowed unless with written permission of the Director-General;

“marine protected area” means any park or reserve covering the area of intertidal or sub-tidal terrain, together with its overlying water and associated flora, fauna, historical and cultural features, which has been reserved by law, and includes any dry land found within the gazetted boundary;

“marine reserve” means a marine protected area where subsistence fishing is permitted;

“meat” means the fat, flesh or tissue of any wild species whether fresh or dry, pickled or otherwise preserved or processed;

“member” of the uniformed and disciplined cadre means a member of the Service holding any of the ranks specified in paragraph 1(2)(a) Part 1 of the Second Schedule;

“motor vehicle” includes a vehicle of the type commonly known as a hovercraft;

“multilateral environmental agreement” means an agreement involving three or more parties regarding sustainable environmental management;

“National Land Commission” means the Commission established under Article 67 of the Constitution;

“national park” means an area of land and/or sea especially dedicated to the protection and maintenance of biological diversity, and of natural and associated cultural resources, and managed through legal or other effective means;

“national reserve” means an area of community land declared to be a national reserve under this Act or under any other applicable written law;

“poaching” means illegal hunting, illegal capturing and illegal harvesting of any wildlife but does not include the control of species widely and commonly regarded as pests or vermin, as listed in a schedule of this Act;

“problem animal” means any wildlife which has caused or is causing damage to or harm to human life or property;

“protected area” means a clearly defined geographical space, recognized, dedicated and managed through legal or other effective means, to achieve long-term conservation of nature with associated ecosystem services and cultural values;

“public participation” means active involvement by the citizenry in decision making processes through, inter alia, use of the national media, relevant consultative mechanisms and public hearings;

“ranger” means a member of the Service in the uniformed and disciplined cadre and includes corporal, sergeant, senior sergeant and sergeant major;

“sanctuary” means an area of land or of land and water set aside and maintained by government, community, individual or private entity for the conservation and protection of one or more species of wildlife;

“Service” means the Kenya Wildlife Service established under section 6 of this Act;

“specimen” means a portion of quantity of wildlife material for use in testing, examination, education, study or research;

“sport hunting” means authorized pursuit and killing of wildlife for recreation and trophy collection;

“sustainable use” means present use of the wildlife resources, which does not compromise the use of the same by future generations or degrade the carrying capacity of wildlife ecosystems and habitats;

“sustainable management” in relation to wildlife, means management of wildlife resources so as to permit only such use of it as constitutes sustainable use;

“threatened ecosystem” means an ecosystem of high biodiversity value or habitat of endangered or endemic species that is under threat of degradation;

“threatened species” means any wildlife species specified in the Fourth Schedule to this Act or declared as such under any other written law or specified in Appendices of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES);

“trans-frontier/trans-boundary conservation area” means the area or component of a large ecological region that straddles the boundaries of two or more countries, encompassing one or more protected areas, as well as multiple resource use areas;

“trophy” means any wild species alive or dead and any bone, claw, egg, feather, hair, hoof, skin, tooth, tusk or other durable portion whatsoever of that animal whether processed, added to or changed by the work of man or not, which is recognizable as such;

“Warden” means an officer of the Service above the rank of Sergeant Major;

“weapon” means a tool, implement, firearm, ammunition or any item that may be used to injure or kill a wild animal for any reason;

“wetlands” means areas of marsh, fen, peat land, or water, whether natural or artificial, permanent or temporary, with water is static or flowing, fresh, brackish, salt, including areas of marine water the depth of which does not exceed six meters at low tide;

“wildlife” means any wild and indigenous animal, plant or microorganism or parts thereof within its constituent habitat or ecosystem on land or in water, as well as species that have been introduced into or established in Kenya;

“wildlife conservancy” means land set aside by an individual landowner, body corporate, group of owners or a community for purposes of wildlife conservation in accordance with the provisions of this Act;

“wildlife conservation area” means a tract of land, lake or sea that is protected by law for purposes of wildlife and biological diversity conservation and may include a national park, national reserve, game reserve or sanctuary;

“wildlife manager” means any person registered with the Service for the purpose of managing a wildlife conservancy or sanctuary;

“wildlife user rights” includes user rights exercised by an individual landowner, body corporate, group of owners or a community under the provisions of the Act.

4.
General principles

The implementation of this Act shall be guided by the following principles—

(a)

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

(b)

Conservation and management of wildlife shall entail effective public participation;

(c)

Wherever possible, the conservation and management of wildlife shall be encouraged using an ecosystem approach;

(d)

Wildlife conservation and management shall be encouraged and recognized as a form of land use on public, community and private land;

(e)

Benefits of wildlife conservation shall be derived by the land user in order to offset costs and to ensure the value and management of wildlife do not decline;

(f)

Wildlife conservation and management shall be exercised in accordance with the principles of sustainable utilization to meet the benefits of present and future generations;

(g)

Benefits accruing from wildlife conservation and management shall be enjoyed and equitably shared by the people of Kenya.

5.
National wildlife conservation and management strategy
(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.

(2)

The national wildlife conservation and management strategy shall prescribe the principles, objectives, standards, indicators, procedures and incentives for the protection, conservation, management sustainable utilization and control of wildlife resources and shall, in particular prescribe—

(a)

measures for the protection of wildlife species and their habitats and ecosystems;

(b)

norms and standards for ecosystem-based conservation plans;

(c)

measures facilitating community-based natural resources management practices in wildlife conservation and management;

(d)

priority areas for wildlife conservation and projections on increasing designated wildlife conservation areas in form of national parks, national reserves, conservancies and sanctuaries;

(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;

(f)

clear targets indicating projection in terms of specific percentage of landscape and seascape to be brought under protected areas, conservancies and sanctuaries over the next five years;

(g)

national wildlife research and monitoring priorities and information systems, including—

(i) research priorities;
(ii) the collection and management of data and information regarding the status of wildlife resources;
(iii) procedures for gathering wildlife data and the analysis and dissemination of wildlife information;
(iv) wildlife management information system;
(h)

measures necessary to ensure equitable sharing of benefits;

(i)

guidelines for granting and monitoring wildlife user rights;

(j)

criteria for listing and measures for protection and management of endangered and threatened species;

(k)

innovative measures for mitigating human wildlife conflict;

(l)

framework for capacity development and training for effective wildlife management;

(m)

measures for wildlife disease surveillance and control;

(n)

adaptation and mitigation measures to avert adverse impacts of climate change on wildlife resources and its habitats;

(o)

reflection on regional co-operation and common approaches for enhancing protection, conservation and management of shared wildlife resources; and

(p)

any other matter that the Cabinet Secretary considers necessary to enhance protection, conservation and management of wildlife, resources in the country.

(3)

The Cabinet Secretary shall periodically review the national wildlife conservation and management strategy and may, by notice in the Gazette, publish a revised national wildlife conservation and management strategy.

(4)

The Cabinet Secretary and all relevant public bodies shall, when exercising or performing any statutory function, take into account and give effect to the national wildlife conservation and management strategy.

(5)

The Cabinet Secretary shall, when formulating a national wildlife conservation and management strategy under subsection (1), consult the public in accordance with the Fourth Schedule.

PART II – ESTABLISHMENT OF THE SERVICE
6.
Kenya Wildlife Service
(1)

There is established a Service to be known as the Kenya Wildlife Service.

(2)

The Service shall be a body corporate with perpetual succession and a common seal and capable, in its corporate name, of—

(a)

suing and being sued;

(b)

purchasing, holding and disposing of movable and immovable property; and

(c)

doing all such other things as may be done by a body corporate;

(d)

doing all such other things as may be done by a body corporate.

7.
Functions of the Service

The functions of the Service shall be to—

(a)

conserve and manage national parks, wildlife conservation areas, and sanctuaries under its jurisdiction;

(b)

provide security for wildlife and visitors in national parks, wildlife conservation areas and sanctuaries;

(c)

set up a county wildlife conservation committee in respect of each county;

(d)

promote or undertake commercial and other activities for the purpose of achieving sustainable wildlife conservation;

(e)

collect revenue and charges due to the national government from wildlife and, as appropriate, develop mechanisms for benefit sharing with communities living in wildlife areas;

(f)

develop mechanisms for benefit sharing with communities living in wildlife areas;

(g)

advise the Cabinet Department on matters pertaining to wildlife policy, strategy and legislation.

(h)

coordinate the preparation and implementation of ecosystem plans;

(i)

prepare and implement national park management plans;

(j)

assist and advise in the preparation of management plans for community and private wildlife conservancies and sanctuaries;

(k)

undertake and conduct enforcement activities such as anti-poaching operations, wildlife protection, intelligence gathering, investigations and other enforcement activities for the effective carrying out of the provisions of this Act;

(l)

conduct and co-ordinate, all research activities in the field of wildlife conservation and management and ensure application of research findings in conservation planning, implementation and decision making;

(m)

advise the National Land Commission, the Cabinet Secretary and the Council on the establishment of national parks, wildlife conservancies and sanctuaries;

(n)

promote and undertake extension service programmes intended to enhance wildlife conservation, education and training;

(o)

identify user rights and advise the Cabinet Secretary thereon;

(p)

grant permits;

(q)

establish forensic laboratories;

(r)

monitor the compliance of terms and conditions of licences; and

(s)

perform such other functions as the Board may assign the Service or as are incidental or conducive to the exercise by the Service of any or all of the functions provided under this Act.

8.
Board of Trustees
(1)

The Service shall be managed by a Board of Trustees appointed under subsection (2).

(2)

The members of the Board of Trustees shall comprise—

(a)

a chairperson appointed by the President;

(b)

the Principal Secretary in the State Department for the time being responsible for matters relating to wildlife, or a designated representative;

(c)

the Principal Secretary in the State Department for the time being responsible for finance, or a designated representative;

(d)

the Principal Secretary in the State Department responsible for matters relating to county governments or a designated representative;

(e)

the Inspector-General of Police;

(f)

four other persons appointed by the Cabinet Secretary as follows—

(i) one representative from a national wildlife conservation non-governmental organization;
(ii) two representatives, who shall be of opposite gender and from community managed wildlife areas, nominated by an umbrella wildlife conservancy body;
(iii) one representative from privately-managed wildlife areas;
(g)

the Director-General of the Service, who shall be the secretary to the Board of Trustees.

(3)

A member appointed under subsection (2)(f)(ii) shall be the vice-chairperson of the Board of Trustees.

(4)

The Chairperson and members of the Board of Trustees, other than ex-officio members, shall hold office for a term of three years and shall be eligible for appointment in accordance with subsection (2) for one further term of three years.

(5)

The Cabinet Secretary shall appoint one-third of the members of the Board under subsection (2)(f) in a staggered manner so that the respective expiry dates of their terms shall fall at different times.

(6)

There shall be paid to the chairperson and members such remuneration, fees or allowances for expenses as the Salaries and Remuneration Commission may determine.

9.
Functions and powers of the Board of Trustees

The functions of the Board of Trustees shall be to—

(a)

oversee the effective implementation of the national wildlife policy;

(b)

approve the strategic plans operational policies and capital and recurrent budget of the Service; and

(c)

perform such other functions as may be necessary for the fulfilment of its mandate under this Act.

10.
Meetings of the Board of Trustees

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

11.
Appointment of the Director-General
(1)

There shall be a Director-General of the Service appointed by the Cabinet Secretary in consultation with the Board.

(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.

(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.

(4)

A person shall qualify for appointment as a Director-General if the person—

(a)

holds a minimum qualification of a post-graduate degree in a relevant field, from a university recognized in Kenya;

(b)

has at least fifteen years’ working experience in a relevant profession; and

(c)

meets the requirements of Chapter Six of the Constitution.

12.
Officers of the Service
(1)

The Board of Trustees may, on such terms and conditions as it deems fit, appoint—

(a)

such uniformed and disciplined officers of the ranks specified in paragraph 1(2)(a) (i) of Part 1 of the Second Schedule;

(b)

such officers of the Service as are specified in paragraph 1(2)(b) of Part 1 of the Second Schedule.

(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.

(3)

The provisions of Part I of the Second Schedule shall have effect with respect to the officers of the Service.

(4)

The Board shall provide for a staff superannuation scheme.

(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.

(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.

13.
Establishment of offices

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

PART III – FINANCIAL PROVISIONS
14.
Sources of funds of the Service

The funds of the Service shall comprise of—

(a)

such moneys as may be approved and allocated to the Service by the National Assembly as part of the budget process;

(b)

such moneys or proceeds from investments as may vest in the Service from the performance of its duties; and

(c)

any sums lent or donated to the service revenue from joint partnerships on bio-prospecting.

15.
Financial year

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

16.
Annual estimates
(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.

(2)

The annual estimates shall make provision for the estimated expenditure of the Service for the financial year, and in particular, the estimates shall provide for—

(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;

(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;

(c)

payment of allowances in respect of the County Wildlife Conservation and Compensation Committees;

(d)

the proper maintenance of the buildings and grounds of the Service;

(e)

the maintenance, repair and replacement of the equipment and other property of the Service; and

(f)

the creation of such reserve funds as the Service may deem appropriate to meet the recurrent expenditure and contingent liabilities of the Service.

(3)

The members of the County Wildlife Conservation and Compensation Committee shall be paid such allowances as may be approved by the Cabinet Secretary on the advice of the Salaries and Remuneration Commission.

(4)

The annual estimates shall be approved by the Board before the commencement of the financial year to which they relate and shall be submitted to the Cabinet Secretary for approval with the concurrence of the National Treasury, and thereafter the Board shall not increase the annual estimates without the consent of the Cabinet Secretary.

17.
Accounts and audit
(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.

(2)

Within a period of three months from the end of each financial year, the Service shall submit to the Auditor-General or an auditor appointed under subsection (3), the accounts of the Service in respect of that year together with—

(a)

a statement of the income and expenditure of the Service or the Wildlife Endowment Fund during the year; and

(b)

a statement of the assets and liabilities of the Service or the Wildlife Endowment Fund on the last day of the year.

(3)

The accounts of the Service and the Funds shall be audited in accordance with the Public Finance Management Act, 2012 (No. 8 of 2012).

PART IV – THE WILDLIFE REGULATION MECHANISMS
18.
County Wildlife Conservation and Compensation Committees

Each county shall have a County Wildlife Conservation and Compensation Committee, which shall consist of—

(a)

a chairperson appointed by the Cabinet Secretary through a competitive process, who shall have at least five years experience in wildlife conservation and management;

(b)

a representative of the county government;

(c)

an agricultural officer based in the county;

(d)

a land use planning officer responsible for the county;

(e)

a livestock officer responsible for the county;

(f)

the officer of the Service for the county who shall be the secretary;

(g)

four persons not being public officers knowledgeable in wildlife matters and nominated by the community wildlife associations within the area through an elective process;

(h)

a medical officer for health for the county; and

(i)

the officer in-charge of the county police matters; and

(j)

the county environment officer.

19.
Functions on County Wildlife Conservation and Compensation Committees

The functions of the County Wildlife Conservation and Compensation Committee shall be to—

(a)

implement the registration and establishment of wildlife user rights as provided for under this Act;

(b)

oversee the preparation and implementation of management plans on community and private land under the provisions of this Act;

(c)

ensure that benefits derived from the use of wildlife resources are distributed in accordance with the provisions of this Act;

(d)

bring together all relevant stakeholders within the county to actively harness their participation in the planning and implementation of projects and programmes related to the protection, conservation and management of wildlife resources in the county;

(e)

review and make appropriate recommendations on ecosystem based management plans produced by the Service;

(f)

participate at the county level in land use planning initiatives and in consultation with all relevant stakeholders with particular regard to critical wildlife habitats, corridors and dispersal areas for the better management and conservation of wildlife;

(g)

monitor the implementation of management plans for any relevant national park in collaboration with the Service;

(h)

develop and implement, in collaboration with community wildlife associations, mechanisms for mitigation of human wildlife conflict;

(i)

review and recommend claims resulting from loss or damage caused by wildlife for payment of compensation;

(j)

undertake education, extension services and public awareness; and

(k)

perform such other functions as the Service may require or delegate to it.

20.
Committee may invite experts

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.

21.
Remuneration of Committee members

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.

22.
Bio-prospecting
(1)

No person may, without a permit from the Cabinet Secretary on the advice of the Service—

(a)

engage in bio-prospecting involving any wildlife resources; or

(b)

export from Kenya any wildlife resources for the purpose of bio-prospecting or any other kind of research.

(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.

(3)

The Authority shall in reviewing the application ensure that any interests of the following stakeholders may have in the proposed bio-prospecting are protected—

(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;

(b)

a community—

(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
(ii) whose knowledge of or discoveries about the wildlife resource to which the application relates are to be used for the proposed bio-prospecting.
(4)

The Service may, upon approval by the Cabinet Secretary, where a stakeholder has an interest as set out in subsection (3)(a) of this section, issue a permit only if—

(a)

the applicant has disclosed all material information relating to the relevant bio-prospecting to the stakeholder and on the basis of that disclosure has obtained the prior consent of the stakeholders for the provision of or access to such resources;

(b)

the applicant and the stakeholder have entered into—

(i) a material transfer agreement that regulates the provision of or access to such resources; and
(ii) a benefit-sharing agreement that provides for sharing by the stakeholders in any future benefits that may be derived from the relevant bio-prospecting.
(5)

The Service may, upon approval by the Cabinet Secretary, where a community has an interest as set out in subsection (3)(b) of this section, issue a permit only if—

(a)

the applicant has disclosed all material information relating to the relevant bio-prospecting to the community and on the basis of that disclosure has obtained the prior consent of the community to use any of the stockholder’s discoveries about the indigenous wildlife resources for the proposed bio-prospecting; and

(b)

the applicant and the community have entered into a benefit-sharing agreement that provides for sharing by the community in any future benefits that may be derived from the relevant bio-prospecting.

(6)

The Service shall, in all bio-prospecting involving any wildlife resources, be a joint partner on behalf of the people of Kenya.

(7)

The Cabinet Secretary shall, on the recommendation of the Service, require that a particular per centum of the proceeds from the bio-prospecting is contributed to the Wildlife Endowment Fund established under the provisions of this Act.

(8)

The Cabinet Secretary may, on recommendation of the Service, by notice in the Gazette, promulgate rules, regulations and guidelines as are necessary and appropriate to carry out the purposes of this section.

(9)

Any person who contravenes any provisions of this section or the rules made thereunder commits an offence.

PART V – ESTABLISHMENT OF WILDLIFE ENDOWMENT FUND
23.
The Wildlife Endowment Fund
(1)

The Service shall establish a Wildlife Endowment Fund and which shall be vested in the Board of Trustees.

(2)

There shall be paid into the Endowment Fund—

(a)

moneys appropriated by Parliament for purposes of the Endowment Fund;

(b)

a proportion of such moneys as may be levied for payment of environmental services by beneficiaries in productive and service sectors as a contribution towards the Endowment Fund as the Cabinet Secretary may, upon the recommendation of the Service, determine;

(c)

income from investments made by the Board of Trustees of the Endowment Fund; and such grants, donations, bequests or other gifts as may be made to the Endowment Fund; and

(d)

such grants, donations, bequests or other gifts as may be made to the Endowment Fund.

(3)

The functions of the Wildlife Endowment Fund shall be to—

(a)

develop wildlife conservation initiatives;

(b)

manage and restore protected areas and conservancies;

(c)

protect endangered species, habitats and ecosystems;

(d)

support wildlife security operations;

(e)

facilitate community based wildlife initiatives; and

(f)

such other purposes as may be provided for by rules made under this Act.

24.
The Wildlife Compensation Scheme
(1)

The Government shall establish a Wildlife Compensation Scheme that shall consist of—

(a)

monies specifically allocated for this purpose through the budget process;

(b)

an insurance scheme to be established by the Cabinet Secretary responsible for matters relating to finance; and

(c)

monies from any other source approved by the Cabinet Secretary for the time being responsible for matters relating to finance; and

(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.

Compensation

25.
Compensation for personal injury or death or damage to property
(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.

(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.

(3)

The Cabinet Secretary shall consider the recommendations made under subsection (2) and where appropriate, pay compensation to the claimant as follows—

(a)

in the case of death, five million shillings;

(b)

in the case of injury occasioning permanent disability, three million shillings;

(c)

in the case of any other injury, a maximum of two million shillings, depending on the extent of injury.

(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 the County Wildlife Conservation and Compensation Committee who shall verify the claim and make recommendations as appropriate and submit it to the Service for due consideration.

(5)

The County Wildlife Conservation and Compensation Committee shall review the claim and award and pay a compensation valued at the ruling market rates:

Provided that no compensation shall be paid where the owner of the livestock, crops or other property failed to take reasonable measures to protect such crops, livestock or property from damage by wildlife or his land use practices are in compatible with the ecosystem-based management plan for the area.

(6)

A person who is dissatisfied with the award of compensation by either the County Wildlife Conservation and Compensation Committee or the Service may within thirty days after being notified of the decision and award, file an appeal to the National Environment Tribunal and on a second appeal to the Environment and Land Court.

(7)

The Cabinet Secretary may, by notice in the Gazette, prescribe such regulations and guidelines as are necessary and appropriate to carry out the purposes of this section.

PART VI – CONSERVATION, PROTECTION AND MANAGEMENT
26.
Environment law to apply
(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 (No. 8 of 1999).

(2)

The provisions of the Environmental Management and Co-ordination Act, 1999 (No. 8 of 1999) regarding reference to the Tribunal established under that Act shall apply to hearing of appeals arising from the decisions made under this Act.

27.
No exemption from environment law to be granted
(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.

(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, 1999 (No. 8 of 1999) has not been complied with.

28.
Water Act to apply

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, 2002 concerning the right to the use of water from any water resource, reservoir or point.

29.
Requirement for sustainable use

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.

30.
Prohibition

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.

31.
Declaration of protected areas
(1)

The Cabinet Secretary, may in consultation with the competent authority, by notice in the Gazette

(a)

declare an area to be a national park;

(b)

declare an area to be a marine protected area;

(c)

declare a wetland to be a protected area under the management of the Service;

(d)

publish a management plan for national parks, marine protected areas and Service-managed wetlands;

(e)

publish areas zoned to have wildlife conservation and management as their land use priority:

Provided that no notice may be gazetted where—

(a) the relevant provisions of the Environmental Management and Co-ordination Act, 1999 have not been complied with;
(b) no public participation has occurred;
(c) no challenge by any person is active.
(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.

32.
Declaration of a national park
(1)

The Cabinet Secretary may, upon the recommendation of the Service, after consultation with the National Land Commission, and following proper public consultation, and with the approval of the National Assembly, by notice in the Gazette declare—

(a)

any un-alienated public land; or

(b)

any land purchased or otherwise acquired by the Government, to be a national park.

(2)

Notwithstanding the provisions of subsection (2), a marine protected area shall adopt a system of zoning that caters for multiple use of marine resources for any or all of the following—

(a)

extraction or no extraction zones in respect of marine resources;

(b)

protection of nesting, breeding and foraging areas;

(c)

no take areas in respect of fisheries; and

(d)

areas that may be used by local vessels for passage;

(e)

any other purposes with respect to specified human activities within the zone.

(4)

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.

33.
Conservation and management of wetlands
(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.

(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.

(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.

34.
Variation of boundaries or revocation of a national park or a marine protected area

A notice under this section which proposes to—

(a)

vary the boundaries of a national park; or

(b)

change the status from national park to wildlife conservancy or sanctuary,

shall only be published by the Cabinet Secretary where a proposal is recommended by the Service after consultation with the National Land Commission in accordance with subsection (2) of this section and is subsequently approved by a resolution of Parliament:

Provided that there shall be no recommendation unless—

(a)

they are satisfied that such variation of boundary or cessation of national park proposed by the notice—

(i) shall not endanger any rare, threatened or endangered species;
(ii) shall not interfere with the migration and critical habitat of the wildlife;
(iii) does not adversely affect its value in provision of environmental goods and services; and
(iv) does not prejudice biodiversity conservation, cultural site protection, or its use for educational, ecotourism, recreational, health and research purposes;
(b)

the proposal has been subjected to an environmental impact assessment in accordance with the provisions of the Environmental Management and Co-ordination Act, 1999; and

(c)

public consultation in accordance with the Fourth Schedule has been undertaken in relation to the proposal.

35.
Declaration of a national reserve
(1)

The Cabinet Secretary may, upon recommendation of the relevant county government and after consultation with the National Land Commission, by notice in the Gazette, declare any land under the jurisdiction of a county government to be a national reserve where the land is—

(a)

rich in biodiversity and wildlife resources or contains endangered and threatened species;

(b)

an important catchment area critical for the sustenance of a wildlife conservation area; or

(c)

an important wildlife buffer, zone, migratory route, corridor or dispersal area.

(2)

The national reserve declared under subsection (1) shall be managed by the relevant county government in accordance with the provisions of this Act.

(3)

Notwithstanding the provisions of subsection (2), the county government may, with approval of the Cabinet Secretary after consultation with the National Land Commission, enter into a management agreement with any management agent or the Service for the management of a national reserve which shall clearly specify among other things—

(a)

the duration of the agreement;

(b)

the terms and conditions under which the management agent or the Service shall manage the national reserve;

(c)

management fees and charges payable to the management agent or the Service;

(d)

a management plan to be followed by the management agent or the Service;

(e)

the mechanism for settlement of disputes arising in respect of the agreement; and

(f)

the circumstances under which the agreement may be terminated.

36.
Declaration of a marine conservation area
(1)

The Cabinet Secretary may, upon recommendation of the relevant county government after consultation with the relevant lead agencies, by notice in the Gazette, declare any marine area to be a marine conservation area where the area is—

(a)

rich in biodiversity or harbours endangered and threatened marine species; or

(b)

a critical habitat for a variety of marine resources.

(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.

(3)

Notwithstanding the provisions of subsection (2), a marine conservation area shall adopt a system of zoning that caters for multiple use of marine resources for any or all of the following—

(a)

extraction or no extraction zones in respect of marine resources;

(b)

protection of nesting, breeding and foraging areas;

(c)

no take areas in respect of fisheries; and

(d)

any other purposes with respect to specified human activities within the zone.

(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.

37.
Variation of boundaries or revocation of a national reserve
(1)

A notice under this section which proposes to—

(a)

vary the boundaries of a national reserve; or

(b)

declare that a wildlife conservation area shall cease to be a national reserve; or

(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.

(2)

The relevant county government, the National Land Commission and the Service shall not recommend any such proposal unless—

(a)

they are satisfied that such variation of boundary or cessation of national reserve proposed by the notice shall not—

(i) endanger any rare, threatened or endangered species;
(ii) interfere with the migration and critical habitat of the wildlife;
(iii) adversely affect its value in provision of environmental goods and services; and
(iv) prejudice biodiversity conservation, cultural site protection, or its use for educational, ecotourism, recreational, health and research purposes;
(b)

the proposal has been subjected to an environmental impact assessment in accordance with the provisions of the Environmental Management and Co-ordination Act, 1999 (No. 8 of 1999); and

(c)

public consultation in accordance with the Fourth Schedule has been undertaken in relation to the proposal.

38.
Exchange of part of a national park
(1)

Subject to subsection (2) of this section, the Cabinet Secretary may, on recommendation of the Service after consultation with the National Land Commission, and with the approval of the National Assembly, exchange part of a national park with private land with the consent of the owner of such land where—

(a)

the exchange enhances efficient wildlife conservation and management;

(b)

the exchange is equitable to conservation and the land owner, according to an independent valuation;

(c)

an environmental impact assessment has been conducted in accordance with the provisions of the Environmental Management and Co-ordination Act, 1999 (No. 8 of 1999), and has shown that such exchange shall not adversely affect wildlife conservation and the environment in general; and

(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.

(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.

(3)

No purchase shall be transacted under this section unless prior public consultation is carried out in accordance with this section.

39.
Establishment of conservancy or sanctuary

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.

40.
Community wildlife associations and wildlife managers
(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.

(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.

(3)

The application for registration referred to in subsection (1) shall be in the prescribed form and shall contain—

(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;

(b)

for associations, the constitution with clear governance structures;

(c)

a draft plan for the association or privately owned wildlife conservation area detailing—

(i) type of wildlife resources in their area and type of wildlife conservation initiatives being undertaken;
(ii) measures and type of wildlife conservation activities that are being proposed;
(iii) type of wildlife user rights being proposed that will enhance conservation and survival of wildlife in their area;
(iv) land use practices in the area and proposed measures to ensure land use compatibility with wildlife conservation;
(v) methods of monitoring wildlife and wildlife user activities;
(vi) community wildlife scouting scheme that will help to provide wildlife surveillance and assist in addressing problem animal control; and
(vii) any other aspect deemed necessary; and
(d)

such other information as the Director General may require.

(4)

The Service shall keep an up to date record of all approved associations, wildlife managers and wildlife user activities that the associations and managers are involved in.

41.
Functions of community wildlife associations and wildlife managers

An association or wildlife manager approved by the Cabinet Secretary on the recommendation of the service in consultation with the county wildlife conservation committees shall—

(a)

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;

(b)

assist the service in combating illegal activities, including poaching and bush meat trade;

(c)

keep the regional wildlife conservation area committee informed of any development changes and occurrences within their area that may adversely affect wildlife;

(d)

assist in problem animal control through community wildlife scouts drawn from among their membership or employees; and

(e)

do any other act that is necessary to enhance community participation in wildlife protection, conservation and management.

42.
Donations and bequests
(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.

(2)

The wildlife conservation area established on the land so donated or bequeathed shall be gazetted in accordance with this Act as a national park, national reserve, conservancy or sanctuary.

(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.

43.
Standards of management
(1)

Where the County Wildlife Conservation and Compensation Committee is concerned that the management of a wildlife conservancy or sanctuary is below the standard expected from the management plan or there is a request for assistance from the registered user, the County Wildlife Conservation and Compensation Committee shall work with the registered users with regard to discussing and monitoring the management situation and making suitable recommendations which may include—

(a)

action to be undertaken by the registered user;

(c)

action to be undertaken by the registered user in conjunction with the Service;

(c)

action to be undertaken by the Service on behalf of the registered user;

(d)

deregistration of user rights, and, where applicable de-gazettement.

(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.

44.
Management plans
(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.

(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.

(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.

(4)

No development will be approved in the absence of management plans approved in subsection (3).

(5)

The Cabinet Secretary shall, initiate public consultation for purposes formulating managing plan guidelines.

45.
Consent for mining and quarrying
(1)

No person shall mine or quarry in a national park without the approval and consent of the Service.

(2)

The Service, shall only approve and give consent for mining or quarrying where—

(a)

the area does not contain endangered or threatened species;

(b)

the area is not a critical habitat and ecosystem for wildlife;

(c)

the area is not an important catchment area or source of springs;

(d)

an environmental impact assessment has been carried out in accordance with the provisions of the Environmental Management and Co-ordination Act, 1999 (No. 8 of 1999);

(e)

approval has been obtained from the in accordance with the applicable law regulating mining;

(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:

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;

(g)

the carrying on of mining or quarrying operations shall not contravene any rules made under this Act.

(3)

Subject to subsection (2), mining or quarrying may be carried out in a national park and reserve under the authority issued by the Service.

(4)

The provisions of this section with respect to mining and quarrying shall apply mutatis mutandis with respect to wildlife conservancy and sanctuary.

(5)

No person shall undertake oil or gas exploration and extraction without the consent of the Cabinet Secretary, and with the prior approval of the National Assembly.

46.
Protection of endangered and threatened ecosystems
(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.

(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.

(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.

47.
Endangered and threatened species
(1)

The species of wildlife set out in the Sixth Schedule are declared to be critically endangered, vulnerable, nearly threatened and protected species.

(2)

The Service shall amend the Sixth Schedule from time to time as necessary.

48.
Restricted activities involving listed species
(1)

A person may not carry out any activity involving a specimen of a listed species without a permit from the Service.

(2)

The Cabinet Secretary may, on recommendation of the Service, by notice in the Gazette, prohibit the carrying out of any activity—

(a)

which is of a nature that may negatively impact on the survival of a listed species; or

(b)

which is specified in the notice or prohibit the carrying out of such activity without a permit issued by the Service.

49.
Species recovery plans
(1)

The Service may develop and implement recovery plans for the conservation and management of all the species listed under the Seventh Schedule.

(2)

The Service shall, in developing the recovery plans, to the maximum extent practicable—

(a)

give priority to those rare, endangered and threatened species; and

(b)

incorporate in each recovery plan—

(i) a description of such site-specific management actions as may be necessary to achieve the plan’s goal for the conservation and survival of the species;
(ii) objective, measurable criteria which, when met, would result in the species being removed from the list; and
(iii) estimates of the time required and the cost to carry out those measures needed to achieve the goal of the plan.
(3)

The Service may, in developing and implementing recovery plans, enlist the services of appropriate public, private or non-governmental organizations and institutions and other qualified persons.

(4)

The Cabinet Secretary shall report biannually to the National Assembly through the National Wildlife Conservation Status Report on the status of efforts to develop and implement recovery plans for all nationally listed species and on the status of all species for which such plans have been developed.

(5)

The Service shall implement a system, in co-operation with the county wildlife conservation committees, community wildlife associations and wildlife managers, to monitor effectively for not less than five years the status of all species which have recovered to the point at which the measures provided pursuant to this section are no longer necessary and which, in accordance with the provisions of this section, have been removed from the lists published in the Sixth Schedule.

PART VII – ESTABLISHMENT OF THE WILDLIFE RESEARCH AND TRAINING INSTITUTE
50.
Establishment of the Wildlife Research and Training Institute
(1)

There is established an institute to be known as the Wildlife Research and Training Institute (hereinafter referred to as “the Institute”).

(2)

The Institute is a 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 and disposing of movable and immovable property;

(c)

borrowing money;

(d)

entering into contracts; and

(e)

doing or performing such other things or acts for the proper discharge of its functions under this Act, which may be lawfully done or performed by a body corporate.

51.
Object and purpose of the Institute

The object and purposes of the Institute shall be to undertake and co-ordinate wildlife research and training in accordance with the provisions of this Act.

52.
Functions of the Institute
(1)

The Institute shall—

(a)

collect and analyze wildlife data and information, to support planning and decision making by different stakeholders, relating to—

(i) inventory and status of wildlife resources countrywide;
(ii) trends in wildlife conservation and management approaches and practices;
(iii) processes or activities likely to impact on sustainable wildlife conservation and management; and
(iv) wildlife statistics;
(b)

undertake research through remote sensing and geographic information system to enhance wildlife conservation and management;

(c)

undertake wildlife disease surveillance and control;

(d)

determine, in consultation with the Service and the relevant lead agencies, the carrying capacities of the various wildlife conservation areas and their conservation needs and priorities;

(e)

assess information, that is the basis of ecosystem-based management plans for all wildlife conservation areas;

(f)

undertake wildlife research and related emerging areas;

(g)

provide training and capacity development programmes, courses in wildlife conservation and management and related disciplines and award diplomas and certificates;

(h)

establish with approval of the Cabinet Secretary, such campuses or centres for training and capacity development as are necessary and in the furtherance of wildlife research and training;

(i)

enter into association with other institutions of learning, within or outside Kenya, as the Institute may consider necessary or appropriate and in furtherance of wildlife research and training;

(j)

give information on early warning, disaster management, impacts and mitigation and adaptive strategies to climate change in wildlife conservation areas;

(k)

organize symposia, conferences, workshops and other meetings to promote the exchange of views on issues relating to wildlife research and training; and

(l)

perform any other functions that are ancillary to the object and purpose for which the Institute is established.

(2)

Admission to the Institute of candidates for diplomas and other awards of the Institute shall be open to all persons accepted as qualified for such admission without distinction on the basis of ethnic origin, gender or creed being imposed on any person as a condition of his or her becoming or continuing to be a student at the Institute.

53.
Board of the Institute
(1)

There shall be the Board of the Institute which shall consist of—

(a)

a chairperson appointed by the President;

(b)

the Principal Secretary of the ministry for the time being responsible for matters relating to wildlife or his or her representative;

(c)

the Principal Secretary of the ministry for the time being responsible for matters relating finance or his or her representative;

(d)

the Principal Secretary of the ministry for the time being responsible for matters relating to science and technology or his or her representative;

(e)

the Director of the Institute, who shall be the secretary; and

(f)

seven other members, not being public officers, nominated or selected through a competitive process taking into account regional balance and gender parity and appointed by the Cabinet Secretary, of whom—

(i) one shall represent the national umbrella wildlife association;
(ii) two shall represent community and privately managed wildlife areas;
(iii) two shall represent the institutions of higher learning; and
(iv) two shall be persons qualified and competent in wildlife, natural resources management, biodiversity and environmental economics or related disciplines.
(2)

The members of the Board of the Institute shall be appointed at different times so that the respective expiry dates of their terms of office shall fall at different times.

(3)

At their first sitting, the members of the Board of the Institute shall elect a vice chairperson from among the members appointed under subsection (1)(f).

(4)

The Board of the Institute shall ensure the proper and effective performance of the functions of the Institute.

(5)

The Board of the Institute may enter into partnership with another body or organization within or outside Kenya as it may consider appropriate in furtherance of the object and purpose for which the Institute was established.

(6)

The members of the Board of the Institute shall be paid allowances determined by the Cabinet Secretary, in consultation with the Salaries and Remuneration Commission.

54.
Tenure and vacation of office
(1)

A member of the Board of the Institute, other than an ex-officio member, shall hold office for a term of three years and shall be eligible for re-appointment for one further term not exceeding three years.

(2)

A member of the Board of the Institute appointed under section 53(1)(a) and (f) may, at any time, resign from office by giving a notice, in writing, addressed to the appointing authority.

(3)

A member of the Board of the Institute, other than an ex-officio member, who is absent from three consecutive meetings of the Board of the Institute without sufficient cause shall cease to be a member of the Board of the Institute.

(4)

Where a member of the Board of the Institute is, for a sufficient cause, unable to act as a member, the Cabinet Secretary shall determine whether the inability would result in the declaration of a vacancy.

(5)

Where there is a vacancy—

(a)

under subsection (2) or (3) or section 56(2);

(b)

as a result of declaration under subsection (4); or

(c)

by reason of the death of a member, the Cabinet Secretary shall appoint another person in accordance with the provisions of section 53 to fill that vacancy.

55.
Conduct of the meetings of the Board of the Institute

The conduct of the meetings of the Board of the Institute shall be in accordance with the First Schedule.

56.
Disclosure of interest
(1)

A member of the Board of the Institute who has an interest in a matter for consideration by the Board of the Institute shall disclose, in writing, the nature of that interest and shall not participate in any deliberations of the Board of the Institute relating that matter.

(2)

A member of the Board of the Institute who fails to disclose interest in a matter in accordance with subsection (1) shall cease to be a member of the Board of the Institute.

57.
Delegation of functions

Subject to this Act, the Board of the Institute may, by resolution either generally or in any particular case, delegate to a committee of the Board of the Institute or to a member, officer, employee or agent of the Institute, the exercise of any of the powers or, the performance of any of the functions or duties of the Board of the Institute under this Act.

58.
Appointment of the Director and other staff
(1)

The Cabinet Secretary shall, in consultation with the Board of the Institute and subject to subsection (2), appoint the Director of the Institute through a competitive process.

(2)

A person shall not be qualified for the appointment as the Director under subsection (1) unless that person holds an advanced degree from a recognized university in the field of wildlife, biodiversity, natural resource management or other natural resource-related discipline and has at least ten years’ experience in the relevant field at senior management level.

(3)

A person appointed to be the Director of the Institute under subsection (1) shall hold office for a term of three years but shall be eligible for re-appointment for one further term of three years.

(4)

The Director shall be the chief executive officer of the Institute.

(5)

The Board of the Institute may appoint such officers and other staff of the Institute that are necessary for the proper and effective performance of the function of the Institute.

59.
Research permit
(1)

A person shall not undertake research on the wildlife sector unless that person has a research permit granted by the Institute to carry out the research.

(2)

A person granted a research permit under subsection (1) shall be required, upon completion of the research, to deposit a copy of the research report, thesis or assessment with the Institute in a manner prescribed by the Institute.

(3)

Where a person carrying out the research is from outside Kenya, that person shall be required to have a sponsoring institution from the home country and a locally recognized collaborating institution which shall guarantee that the researcher shall comply with the requirements under this Act.

(4)

The Cabinet Secretary may, on his own motion or on recommendation of the Board of the Institute, prescribe regulations to carry out the purposes of this section.

60.
Establishment of wildlife database
(1)

The Institute shall, in collaboration with the Service and other relevant lead agencies and stakeholders, establish a comprehensive wildlife database.

(2)

The database established under subsection (1) shall include relevant data produced by the Kenya National Bureau of Statistics, universities and other research institutions or as a consequence of collaborative research by the Institute with foreign institutions and researchers.

(3)

The Institute shall, in consultation with the Service, the relevant lead agencies and other stakeholders, ensure that data is collected in accordance with any harmonized national standards that may be prescribed under this Act or regulations made hereunder.

(4)

The Institute shall, in respect of the data and information that it holds, progressively make the data and information available and accessible, through any means, to all the stakeholders and the general public.

(5)

The Cabinet Secretary may, on his or her own motion or on recommendation of the Board of the Institute, prescribe regulations to carry out the purposes of this section.

61.
Director to have access to public records etc.
(1)

The Director shall, on request, have access to the public records or documents of a lead agency in custody of a person or an establishment where, in his or her opinion, the information sought is for the purposes of obtaining the required wildlife data or completion or correction of the information already obtained.

(2)

A person who fails or refuses to grant the Director access to the records or documents in accordance with subsection (1) commits an offence.

62.
Access to wildlife data
(1)

Subject to subsection (3), a person may, upon application, access any data or information upon payment of a prescribed fee.

(2)

The Institute shall avail the data or information under subsection (1) in the format requested unless—

(a)

it is reasonable for it to make the information available in another format; or

(b)

the information is already publicly available and easily accessible to the applicant in another format.

(3)

The Institute may refuse to grant an application under subsection (1) where the data or information requested is classified and restricted.

(4)

The Institute shall communicate to the applicant, in writing, the reasons for refusal within twenty-one days from the date of the making the decision.

(5)

The Cabinet Secretary may, on his or her own motion or on recommendation of the Board of the Institute, prescribe regulations to effectively carry out of the provisions of this section.

63.
Funds of the Institute

There shall be a general fund of the Institute which shall vest in the Board of the Institute and into which shall be paid—

(a)

monies appropriated by Parliament for the purposes of the Institute;

(b)

monies that may accrue to or vest in the Institute in the course of the performance of its functions;

(c)

monies provided to the Institute from the Wildlife Endowment Fund;

(d)

donations, gifts and grants made to the Institute; and

(e)

monies from any other sources approved by the Cabinet Secretary for the time being responsible for matters relating to finance.

(2)

There shall be paid out of the general fund of the Institute any expenditure incurred by the Institute in the exercise of its powers or the performance of its functions under this Act.

(3)

The Institute may, subject to the approval of the Cabinet Secretary for the time being responsible for matters relating finance, invest any funds not immediately required for its purposes, as it may determine.

64.
Monitoring mechanisms
(1)

The Cabinet Secretary may, on his or her own motion or on recommendation of the Board of the Institute, develop monitoring mechanisms and set indicators to determine—

(a)

sound management of wildlife resources in Kenya; and

(b)

trends affecting Kenya’s wildlife conservation and management.

(2)

The Cabinet Secretary shall require any person collecting data or information that is relevant to the wildlife resources to regularly report to the Cabinet Secretary on the results of the monitoring mechanisms against the predetermined indicators set out in the national wildlife conservation and management strategy prescribed under this Act.

(3)

The Cabinet Secretary shall, at least once every five years, submit to the National Assembly a wildlife resources monitoring report showing the achievement made in the implementation of the past or subsisting national wildlife conservation and management strategy and avail the said wildlife resources monitoring report to the public.

PART VIII – CONSERVATION ORDERS, EASEMENTS AND INCENTIVES
65.
Conservation orders and easements
(1)

Wildlife conservation easements may be created by voluntary private arrangement or upon appropriate application to the Environment and Land Court.

(2)

A party may enter into an agreement with a land owner for a wildlife conservation easement to be created on that person’s land, subject to that agreement being legally recognized.

(3)

A court may grant a wildlife conservation order or easement subject to the provisions of this Act.

(4)

Without prejudice to the generality of subsection (1), a wildlife conservation order or easement may be created so as to—

(a)

further the principles of sustainable wildlife conservation and management;

(b)

preserve flora and fauna;

(c)

create or maintain migration corridors and dispersal areas for wildlife;

(d)

preserve the quality and flow of water in a dam, lake, river or aquifer;

(e)

preserve any outstanding geological, physiographical, ecological, archaeological, cultural or historical features;

(f)

preserve scenic views, topographical features and landscapes;

(g)

prevent or restrict the scope of any mining or mineral or aggregate workings that would adversely affect wildlife conservation;

(h)

prevent or restrict the scope of agricultural or other land use activities that would adversely affect wildlife conservation; and

(i)

prevent or restrict the scope of infrastructural activities that would adversely affect wildlife conservation.

(3)

A wildlife conservation order or easement shall be attached to the land in perpetuity or for a term of years or for an equivalent interest under customary law as agreed to by the parties to a private agreement or as determined by the court.

(4)

An order or easement may exist in gross; that is to say, the validity and enforceability of the order or easement shall not be dependent on the existence on a plot of land in the vicinity of the burdened land which can be benefited or, of a person with an interest in that plot of land who can be benefited by the order or easement.

66.
Application for wildlife conservation orders and easements
(1)

A person or a group of persons may make an application to the court for the grant of one or more wildlife conservation orders or easements.

(2)

The court may impose such conditions on the grant of a wildlife conservation order or easement as it considers to be best calculated to advance the cause of such order or easement:

Provided that in exercising the jurisdiction conferred upon it by this section, the court may require the Service or appoint any persons with special skills or knowledge on wildlife conservation orders or easements to prepare a technical report for proper determination of the matter.

67.
Proceedings to enforce wildlife conservation orders and easements
(1)

Proceedings to enforce an order or easement may be commenced only by the person in whose name the order or easement has been issued.

(2)

Proceedings to enforce an easement may request the court to—

(a)

grant a wildlife conservation order;

(b)

grant any remedy available under the law relating to easements in respect of land.

(3)

The court shall have discretion to adapt and adjust, so far as seems necessary to it, the law and procedures relating to the enforcement of the requirements of an order or easement.

68.
Registration of wildlife conservation orders and easements
(1)

Where an order or easement is created on land the title of which is registered under a particular system of land registration, the easement shall be registered in accordance with the provisions of the Act applicable to that particular system of registration.

(2)

Where an order or easement is created on any land other than land referred to in subsection (1), the County Wildlife Conservation and Compensation Committee of the area in which that land is situated shall register the order or easement in a register maintained for that purpose.

(3)

In addition to any matter which may be required by any law relating to the registration of orders and easements in respect of land, the registration of a wildlife conservation easement shall include the name of the applicant for the easement or beneficiary of the easement as the person in whose name the easement is registered.

69.
Compensation for wildlife conservation orders and easements
(1)

Parties to a voluntary easement may negotiate appropriate compensation for any loss or diminishment of value of land due to the creation of the easement.

(2)

where a wildlife conservation order or easement is imposed by the court on land on which any person has, at the time of creating the order or easement, any existing right or interest in the land and that such order or easement will restrict the right or interest, there shall be paid to that person, by the applicant for the order or easement such compensation as may be determined in accordance with this section.

(3)

Any person who has a legal interest in the land which is the subject of an order or easement imposed by the court, shall be entitled to compensation commensurate with the lost value of the use of the land.

(4)

A person described in subsection (3) may apply to the court that granted the order or easement for compensation stating the nature of the legal interest in the burdened land and the compensation sought.

(5)

The court may require the applicant for the order or easement to bear the cost of compensating the person described in subsection (3).

(6)

The court may, if satisfied that the order or easement sought is of national importance, order that the Government compensates the person described in subsection (3).

70.
Incentives and benefit sharing
(1)

Every person has the right to practice wildlife conservation and management as a form of gainful land use.

(2)

The right specified in subsection (1) shall require the party to invest resources for that practice.

(3)

The party shall ensure that the wildlife is maintained in a healthy, natural, and secure state:

Provided that this practice shall be carried out where the land is suitable for such practice, subject to the terms and conditions of the licence issued by the Cabinet Secretary.

71.
Right to reasonable access
(1)

Every person has the right to reasonable access to wildlife resources and shall be entitled to enjoy the benefits accruing therefrom without undue hindrance.

(2)

The right set out in subsection (1) shall be exercised with due regard to the rights and privileges of other stakeholders.

72.
Sustainable utilization and exploitation
(1)

Utilisation and exploitation of wildlife resources by any person whether individual land owner or in a conservation area, and wherever else shall be practised in a manner that is sustainable and in accordance with regulations made under this Act.

(2)

The manner, form, nature and style of the practice under subsection (1) shall be in conformity with the provisions of the relevant laws, including land use management and planning.

73.
Cabinet Secretary may make regulations

The Cabinet Secretary, in consultation with the land owner, the National Land Commission, the Commission on Revenue Allocation and in liaison with the Service shall, formulate regulations and guidelines on access and benefit sharing.

74.
Migration of wildlife
(1)

Land owners shall facilitate the ease of movement of wildlife from one area to the other considering their migratory nature that attaches to the resource.

(2)

Any benefits accrued as a result of subsection (1) may be shared among relevant parties on a case by case basis, whether county, conservancy or individual land owner.

(3)

The parties under subsection (2) may enter into agreements for the purpose of benefit sharing and related transactions.

(4)

The agreements reached under subsection (3) shall within twenty-one days be filed and registered with the Cabinet Secretary which will consider granting approval for the same.

75.
Mutual co-existence
(1)

In furtherance of the spirit mutual co-existence in the framework of human - wildlife conflict, every decision and determination on the matter of conservation and management of the wildlife resource shall not be exercised in a manner prejudicial to the rights and privileges of communities living adjacent to conservation and protected areas:

Provided that in the parties shall have due regard for the provisions of the appropriate and enabling laws, including laws on devolution and land management.

76.
Guidelines on incentives and benefit-sharing
(1)

The Cabinet Secretary shall, upon advice by the Service, in consultation with the Commission on Revenue Allocation, formulate guidelines regarding incentives and benefit sharing, and the nature and manner in which the same shall be distributed.

(2)

The Cabinet Secretary shall publish in the Gazette within twenty-one days of the formulation rules and regulations to govern the regime on incentives and benefits.

(3)

The guidelines under this section shall be subjected to public scrutiny at every stage of their formulation within the framework of the laws on devolution and land management.

(4)

The guidelines on benefit sharing shall comply with the minimum conditions that a minimum of five per cent of the benefits from national parks shall be allocated to local communities neighbouring a park.

(5)

Subject to Article 66 of the Constitution, private investments in conservancies shall benefit local communities and investors shall provide such benefits by applying various options including infrastructure, education and social amenities.

PART IX – HUMAN-WILDLIFE CONFLICT
77.
Problem animals
(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. The Service shall under such circumstances provide the owner or occupier a subsequent report of what occurred.

(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.

(3)

Any person who kills an animal in the circumstances set out in subsection (1) shall, as soon as possible, and in any case not later than forty-eight hours after the event, report the circumstances of such killing and deliver the trophies of such animal, to the nearest wildlife office or police station.

78.
Unlawful wounding of animals
(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.

(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.

PART X – LICENSING AND REGULATION
79.
Licensing

Except as, or to such extent as may be specifically provided in this Act, no person or entity shall undertake any wildlife-use activity otherwise than under and in accordance with the terms and conditions of a licence issued or permit granted under this Act.

80.
Wildlife user rights
(1)

The Cabinet Secretary may, upon successful registration of the applicant with the County Wildlife Conservation and Compensation Committee grant a general permit for non consumptive wildlife user rights, including—

(a)

wildlife-based tourism;

(b)

commercial photography and filming;

(c)

educational purposes;

(d)

research purposes;

(e)

cultural purposes; and

(f)

religious purposes.

(2)

The permit shall be in a prescribed manner and may set conditions in regard to duration, infrastructure development and any other aspects as may be appropriate.

(3)

The Cabinet Secretary may, upon successful registration of the applicant with the County Wildlife Conservation and Compensation Committee grant a licence in accordance with the provisions set out in the Eighth Schedule with regard to consumptive wildlife use activities, including—

(a)

game farming;

(b)

game ranching;

(c)

live capture;

(d)

research involving off-take;

(e)

cropping; and

(f)

culling.

(4)

Subject to subsection (1), the wild species in which game ranching may be allowed shall be as set out in the Tenth Schedule.

81.
Assignment of wildlife user rights
(1)

The holder of a licence issued under section 68 may, with the approval of the Service and on payment of the prescribed fee, assign any or all the wildlife user rights granted under the licence to an agent that the applicant has determined to be suitably qualified.

(2)

The Service shall decline any application for assignment of a licence if, in the opinion of the Service, such assignment would derogate from the main objectives and purposes set out in the instrument granting the wildlife user rights.

(3)

The instrument granting the wildlife user rights shall be deemed to provide that any person shall be liable for all the activities, acts and omissions of the assignee or assignees of its rights under the licence.

82.
Withdrawal of wildlife user rights
(1)

The Cabinet Secretary may withdraw a particular wildlife user right granted under this Act where—

(a)

the licensee is in breach of the terms and conditions thereof;

(b)

he or she considers such action as necessary for purposes of protecting and conserving wildlife; or

(c)

the licencee so requests.

(2)

Where the Cabinet Secretary intends to withdraw a particular user right on either of the grounds stipulated in subsection (1) (a) or (b) of this section, he or she shall give the affected person thirty days’ notice to show cause why the wildlife user right should not be so withdrawn.

(3)

Where the licencee is aggrieved by the decision of the Cabinet Secretary, the licencee may, within thirty days after being notified of the decision, appeal to the National Environment Tribunal established under the Environmental Management and Co-ordination Act, 1999 (No. 8 of 1999) or seek further redress in the Environment and Land Court.

83.
Government trophies
(1)

Except as otherwise provided for in the Eighth Schedule, the following shall be Government trophies and the property of the Government—

(a)

any trophy found without an owner;

(b)

any animal found dead or killed by accident or mistake;

(c)

any animal killed in defense of life, or in other circumstances authorized by or under this Act;

(d)

any animal or trophy in respect of which a breach of any of the provisions of this Act or regulations or the rules has been committed;

(e)

any animal killed by a member of the Service in the course of duty.

(2)

The provisions of subsection (1) of this section shall not apply where such trophy is kept for cultural purposes.

(3)

The Service shall, in every year, audit the number of trophies in possession of the Government and publish the results of the audit in the Gazette.

(4)

The Cabinet Secretary may, on the recommendation of the Service, by notice in the Gazette, prescribe appropriate measures, rules, regulations and guidelines including those required for the disposal of Government trophies.

84.
Dealing in trophies
(1)

No person shall operate as a trophy dealer without a license issued by the Service.

(2)

The Cabinet Secretary may grant a trophy dealers’ license in accordance with the provisions set out in the Eighth Schedule.

85.
Application and issuance of a permit
(1)

No person shall import, export, re-export, or otherwise trade in any wildlife species without a permit issued by the Service.

(2)

Every application for a permit shall specify—

(a)

the full names and address of the applicant;

(b)

the type of trade to which the application relates;

(c)

the species and number of specimens of the species to be traded:

Provided that a permit shall only be issued in cases where—

(i) the purpose for which the application is made is not detrimental to the survival of the species;
(ii) compensation has been paid where appropriate, to the concerned communities; and
(iii) permission to export or re-export the subject specimen has been granted by the relevant authority of the country of export or re-exports.
(2)

The Service may, issue a permit on such terms and conditions as may be appropriate and necessary to enhance conservation and management of listed species.

(3)

The Cabinet Secretary may, on the recommendation of the Service, by notice in the Gazette, formulate rules, regulations and guidelines as are necessary and appropriate to carry out the purposes of this section.

86.
Revocation of a permit

The Service may revoke a permit issued under section 80 where it finds that the permit holder is not complying with the terms and conditions of the permit.

87.
Records and registration of permits and licenses
(1)

The Service shall maintain registers of—

(a)

all licences and permits issued under this Act;

(b)

national parks, national reserves, wildlife conservancies and sanctuaries established under this Act and the management thereof;

(c)

all community wildlife scouts involved in conservation and management of wildlife;

(d)

all management plans developed pursuant to the provisions of this Act.

(2)

All registers maintained under this section shall be open for inspection at the Service’s premises, or such designated office, by members of the public during official working hours.

PART XI – OFFENCES AND PENALTIES
88.
Offences relating to management plans
(1)

Any person who—

(a)

willfully and without reasonable cause contravenes an approved management plan; or

(b)

fraudulently alters the approved management plan under this Act, commits an offence.

(2)

Any person who commits an offence with respect to this section shall be liable upon conviction to—

(a)

a fine of not less than five hundred thousand shillings or imprisonment for a term of not less than two years or both such fine and imprisonment, where the offence is committed with respect to a national park, national reserve or national sanctuary;

(b)

a fine of not less than one hundred thousand shillings in any other case.

89.
Offences relating to pollution
(1)

Any person who—

(a)

discharges any hazardous substances or waste or oil into a designated wildlife area contrary to the provisions of this Act and any other written law;

(b)

pollutes wildlife habitats and ecosystems;

(c)

discharges any pollutant detrimental to wildlife into a designated wildlife conservation area contrary to the provisions of this Act or any other written law, commits an offence and shall be liable upon conviction to a fine of not less than two million shillings or to imprisonment of not less than five years or to both such fine and imprisonment.

(2)

In addition to any sentence that the court may impose upon a polluter under subsection (1) of this section, the court may direct that person to—

(a)

pay the full cost of cleaning up the polluted wildlife habitat and ecosystem and of removing the pollution; and

(b)

clean up the polluted habitats and ecosystems and remove the effects of pollution to the satisfaction of the Service.

(3)

Without prejudice to the provisions of subsections (1) and (2) of this section, the court may direct the polluter to contribute to a wildlife conservation activity as compensation, restoration and restitution.

90.
Offences relating to conservation orders and easements

Any person who—

(a)

fails, neglects or refuses to comply with a wildlife conservation order made under this Act;

(b)

fails, neglects or refuses to comply with an easement issued under this Act,

commits an offence and shall be liable upon conviction to a fine of not less than five hundred thousand shillings or to imprisonment of not less than three years or to both such fine and imprisonment.

91.
Offences relating to licenses and permits

Any person who, for the purpose of obtaining, whether for himself or another, the issue of a license or permit—

(a)

knowingly or recklessly makes a statement or representation which is false in a material particular; or

(b)

knowingly or recklessly furnishes a document or information which is false in a material particular; or

(c)

for any purpose in connection with this Act, knowingly or recklessly uses or furnishes a false, falsified or invalid license or permit or one is altered without authorization; or

(d)

knowingly contravenes any condition or requirement of a licence or permit,

commits an offence and shall be liable upon conviction, to a fine of not less than two hundred thousand shillings or to imprisonment of not less than one year or to both such fine and imprisonment.

92.
Offences relating to endangered and threatened species

Any person who commits an offence in respect of an endangered or threatened species or in respect of any trophy of that endangered or threatened species shall be liable upon conviction to a fine of not less than twenty million shillings or imprisonment for life or to both such fine and imprisonment.

93.
Offenses relating to invasive species

Any person who—

(a)

knowingly introduces an invasive species into a wildlife conservation area an invasive species; or

(b)

fails to comply with the measures prescribed by the Cabinet Secretary set out under this Act,

commits an offence and shall be liable upon conviction to a fine of not less than three hundred thousand shillings or to imprisonment of not less than one year or to both such fine and imprisonment.

94.
Offences relating to flying aircraft in wildlife conservation areas
(1)

Except as may be necessitated by sudden emergency endangering the safety of any aircraft or persons carrying out an evacuation, the proof of which shall lay on the pilot thereof, no aircraft—

(a)

shall land in a wildlife protected area other than at a designated landing area and in accordance with the Park rules;

(b)

shall, except for the purpose of landing at or taking off from a designated landing site, be flown at a height over a wildlife protected area set by the Service in consultation with the Kenya Civil Aviation Authority:

Provided that nothing in this section shall apply to the operation of any aircraft which is, at the time of the contravention, being used for any purpose of the Service or any other operations authorized by the Service.

95.
Offences relating to trophies and trophy dealing

Any person who keeps or is found in possession of a wildlife trophy or deals in a wildlife trophy, or manufactures any item from a trophy without a permit issued under this Act or exempted in accordance with any other provision of this Act, commits an offence and shall be liable upon conviction to a fine of not less than one million shillings or imprisonment for a term of not less than five years or to both such imprisonment and fine.

96.
Offences relating to sport hunting
(1)

A person who engages in sport hunting or any other recreational hunting commits an offence and shall be liable, on conviction, to—

(a)

a fine of not less than twenty million shillings or imprisonment for life;

(b)

a fine of five million shillings or imprisonment of five years or to both such fine and imprisonment;

(c)

a fine of one million shillings or imprisonment of two years or to both such fine and imprisonment.

(2)

The categories of wildlife referred to in subsection (1) shall be those set out in the Ninth Schedule.

97.
Offenses relating to subsistence hunting

A person who engages in hunting for the purposes of subsistence commits an offence and shall be liable on conviction to a fine of not less than thirty thousand or imprisonment for a term of not less than six months or to both such fine and imprisonment.

98.
Offences relating to hunting for bush-meat trade

A person who engages in hunting for bush-meat trade, or is in possession of or is dealing in any meat of any wildlife species, commits an offence and shall be liable on conviction to a fine of not less than two hundred thousand shillings or to imprisonment for a term not less than one year or to both such fine and imprisonment.

99.
Import and export of wildlife species
(1)

No person shall trade in, import, export, re-export or introduce any specimen of a wildlife species into or from Kenya without a permit issued by the Service under this Act.

(2)

Without prejudice to the generality of the foregoing, no person shall—

(a)

import any such species into, or export any such species from Kenya;

(b)

take any such species within Kenya or Kenya’s territorial waters;

(c)

take any such species upon the high seas;

(d)

possess, sell, deliver, carry, transport, or ship, by any means whatsoever, any such species taken in violation of paragraphs (b) and (c);

(e)

deliver, receive, carry, transport, or ship in county commerce, by any means whatsoever and in the course of a commercial activity, any such species;

(f)

sell or offer for sale in commercial transaction within or outside Kenya any such species;

(g)

products of listed species; or

(h)

violate any rules and regulations pertaining to such listed species.

(3)

Any person who contravenes any provisions of this section commits an offence and shall be liable upon conviction for category A wildlife to a fine of not less than ten million shillings or to imprisonment for not less than five years and for other wildlife categories to a fine of not less than one million shillings or to imprisonment of not less than two years or to both such imprisonment and fine.

100.
Offences relating to compensation

Any person who makes a false claim or makes a false statement to the County Wildlife Conservation and Compensation Committee or the Service in respect of a wildlife damage claim shall be committing an offense and is liable upon conviction to a fine of not less than one hundred thousand shillings or to imprisonment for not less than six months or both such fine and imprisonment.

101.
Offenses relating to failure comply with a lawful order

Any person who—

(a)

fails to comply with a lawful requirement or demand made or given by an authorized officer;

(b)

obstructs a person in the execution of his powers or duties under this Act,

commits an offence and is liable on conviction to a fine of not less than one hundred thousand shillings or to imprisonment of not less than six months or to both such fine and imprisonment.

102.
Breach of protected area regulations
(1)

Any person who—

(a)

enters or resides in a national park or reserve otherwise than under licence, permit or in the course of his duty as authorized officer or a person lawfully employed in the park or reserve, as the case may be;

(b)

sets fire to any vegetation in any wildlife protected area or allows any fire lighted by himself or his servants to enter a wildlife protected area;

(c)

carries out logging in a national park or reserve;

(d)

clears and cultivates any land in the national park or reserve;

(e)

wilfully damages any object of geological, prehistoric, archaeological, historic, marine or other scientific interest within a wildlife protected area, or knowingly removes or attempts to remove any such object or any portion than in the course of his duty thereof from wildlife protected areas;

(f)

conveys into a protected area or is found within a protected area in possession of any firearm, ammunition, arrow, spear, snare, trap or similar device without authorization;

(g)

undertakes any extractive activity in marine protected areas; or,

(h)

undertakes any related activity in wildlife protected areas contrary to the provisions of this Act: commits an offence and is liable on conviction to a fine of not less than two hundred thousand shillings or to imprisonment of not less than two years or to both such fine and imprisonment.

(2)

No person shall enter into a national park with any livestock for any purpose without authorization.

(3)

Any person who contravenes subsection (2) commits an offence and is liable upon conviction to a fine not exceeding one hundred thousand shillings or to imprisonment for a term not exceeding six months.

(4)

The Cabinet Secretary shall make guidelines in consultation with the Service with respect to accessing national parks for purposes of grazing and watering of livestock in times of drought and other natural disasters.

103.
Offences by bodies corporate
(1)

When an offence against this Act, is committed by a body corporate, the body corporate and every director or officer of the body corporate who had knowledge or ought to have known of the commission of the offence and who did not exercise due diligence, efficiency and economy to ensure compliance with this Act, commits an offence.

(2)

Where an offence against this Act is committed under this Act by a partnership, every partner or officer of the partnership who had knowledge or ought to have known of the commission of the offence and who did not exercise due diligence, efficiency and economy to ensure compliance with this Act, commits an offence.

(3)

A person shall be personally liable for an offence against this Act, whether committed by him on his own account or as an agent or servant of another person.

(4)

An employer or principal shall be liable for an offence committed by an employee or agent against this Act, unless the employer or principal proves that the offence was committed against his express or standing directions.

104.
General provisions

Without prejudice to the generality of the forgoing, nothing in this Act shall stop the arrest, prosecution and conviction of an offender under the provisions of any other written law.

105.
Forfeiture
(1)

The court before which a person is charged for an offence under this Act or any regulations made thereunder may, in addition to any other order—

(a)

upon the conviction of the accused; or

(b)

if it is satisfied that an offence was committed notwithstanding that no person has been convicted of an offence,

order that the wildlife trophy, motor vehicle, equipment and appliance, livestock or other thing by means whereof the offence concerned was committed or which was used in the commission of the offence be forfeited to the Service and be disposed of as the court may direct.

(2)

In making the order of forfeiture under subsection (1) the court may also order that the cost of disposing of the substance, motor vehicle, equipment, appliance, livestock or any other thing provided for in that subsection be borne by the person convicted there-under.

(3)

The court may further order that any licence, permit or any authorization given under this Act, and to which the offence relates, be cancelled.

106.
Commission of offence in the course of duty
(1)

An officer shall be personally liable for an offense committed by that officer against the provisions of this Act whether committed by that officer on their own account or as agent or employee:

Provided that no offense will have been committed where such person was acting in a lawful manner was discharging their functions in the course of duty.

(2)

Any person who has reason to believe that the provisions of this Act have been, are being, or are about to be violated, may petition the High Court for—

(a)

a declaration that the provisions of this Act are being, have been, or are about to be contravened;

(b)

an injunction restraining any specified person from carrying out the contravention;

(c)

the writ of mandamus against an officer or a person who has failed to perform a duty imposed by or under this Act; or any remedy at law or equity for preventing or enforcing the provisions of this Act.

107.
Prosecutorial powers
(1)

The Director of Public Prosecutions may, in accordance with the Office of the Director of Public Prosecutions Act, 2013 (No. 2 of 2013) and this section, designate special prosecutors to prosecute wildlife offences under this Part.

(2)

Notwithstanding the provisions of subsection (1), the Director of Public Prosecutions may, either on his or her own or on application of an authorised officer, delegate his or her prosecutorial powers to such authorised officer to prosecute offences under this Act.

108.
Restraint of breaches of the Act
(1)

Any person who has reason to believe that the provisions of this Act have been, are being, or are about to be violated, may petition the Environment and Land Court as established under the Environment and Land Court Act 2011, for appropriate redress.

PART XII – INTERNATIONAL TREATIES, CONVENTIONS AND AGREEMENTS
109.
International instruments, conventions and agreements ratified by Kenya
(1)

In order to facilitate compliance with any international treaty, convention or agreement, whether bilateral or multilateral, for which the Cabinet Secretary has been given implementing authority, the Cabinet Secretary may make regulations and give directions to ensure compliance with the obligations thereunder.

(2)

The treaties, conventions and agreements as specified under subsection (1) shall be ratified pursuant to the provisions of the Treaty Making and Ratification Act, 2012 before implementation by the Cabinet Secretary.

(3)

The Service shall keep a register of all international treaties, agreements or conventions relating to the conservation and management of wildlife to which Kenya is a party.

(4)

The Cabinet Secretary may, on recommendation of the Service—

(a)

negotiate and establish trans-boundary or trans-frontier wildlife conservation areas for the better management of shared wildlife resources; and

(b)

promulgate rules and regulations for effective management of trans-boundary or trans-frontier wildlife conservation areas established under this section.

(5)

The Cabinet Secretary shall publish regularly through the biannual wildlife conservation status report under section 50(4) insert on the progress of Kenya’s implementation of wildlife related bilateral or multilateral environmental agreements to which Kenya is a party.

PART XIII – ENFORCEMENT AND COMPLIANCE
110.
Powers of authorized officers

An authorized officer may—

(a)

demand from any person the production of an authority, license or permit for any act done or committed by that person in relation to wildlife resources for which an authority, permit or license is required under this Act or under any rules made thereunder;

(b)

require any person found within or outside wildlife conservation areas who has in his possession any wildlife specimen, to produce authority, permit or licence authorizing him to possess such wildlife specimens, where no such proof is produced, arrest and take such person before a magistrate;

(c)

search any person suspected of having committed an offence under this Act or of being in possession of any wildlife specimen in respect of which an offence has been committed, arrest and detain the person, seize and detain any baggage, parcel or house being used to carry or hide such wildlife specimen by the person or his agent; or

(d)

search any vehicle or vessel and seize and detain any wildlife specimens in respect of which there is reason to believe that an offence has been committed, together with any tools, equipment, vessels or vehicles used in the commission of the offence:

Provided that the authorized officer detaining the person and seizing such property shall forthwith take the person and the seizure to the magistrate having jurisdiction over the area where the offence takes place within twenty-four hours;

(e)

confiscate any equipment or receptacle placed for purposes of capturing, harming or killing wildlife animals; and

(f)

conduct investigation and undertake intelligence gathering as appropriate on any land, premises, vessels and vehicles to apprehend suspected offenders of this Act.

(2)

Notwithstanding the provisions of subsection (1) of this section—

(a)

where anything seized and detained under this section is subject to speedy and natural decay, and it is not reasonably practicable to

take effective steps to preserve the same, the officer by whom the same is seized or an officer to whose orders he is subject may, without obtaining any order from a court, destroy or otherwise dispose of that thing if he considers it desirable so to do; or

(b)

where any apparently unlawful means of hunting cannot practicably be removed from its location it may forthwith be rendered inoperative.

(3)

Any authorized officer may—

(a)

enter any land, premises, vessel, vehicle, aircraft or trailer in order to assess the condition of wildlife thereof or to perform any such other act which he considers necessary in the circumstances;

(b)

require the production of, inspect, examine and copy licences, permits, registers, records, management plan and other documents relating to this Act; and

(c)

take all reasonable steps to prevent the commission of an offence under this Act.

111.
Erection of a temporary barrier
(1)

Any authorized officer of or above the rank of assistant warden may erect a temporary barrier across any road or place and any person approaching the barrier shall, on being required by the officer so to do, stop and allow the officer to carry out search of his own person and of any vehicle as may appear to the officer to be necessary or expedient.

(2)

Any person who—

(a)

fails to stop or allow a search when so required under sub-section (1) of this section; or

(b)

assaults, resists or willfully obstructs any officer in the exercise of the powers conferred upon such officer by this section,

commits an offence and shall be liable, on conviction, to a fine of not less fifty thousand shillings or to imprisonment for a period of not less than six months or to both such fine and imprisonment.

112.
Use of firearms
(1)

The President may, through the Inspector-General of the National Police Service, make available to the uniformed and disciplined officers of the Service such firearms as may be necessary for the Service to carry out its functions under this Act.

(2)

The Service shall co-ordinate and control all wildlife security issues in all the national parks, national reserves, wildlife conservancies and sanctuaries in collaboration with other law enforcement agencies, counties and community wildlife scouts.

(3)

A member of the uniformed and disciplined cadre, after acquiring the requisite training, and when authorized by the Director-General, may use firearms for the following purposes, in the course of and for his lawful duty—

(a)

in the course of law enforcement against—

(i) any person charged with an offence punishable under this Act, when that person is escaping or attempting to escape lawful custody;
(ii) any person who, by force, removes or attempts to remove any other person from lawful custody;
(iii) any person who, by force, attempts to prevent the lawful arrest of himself or any other person; or
(iv) any person unlawfully hunting any wildlife using a firearm;
(b)

in self-defense or in defense of another officer or other person;

(c)

for the protection of people and property against any animal causing destruction to human life or crops or livestock or property;

(d)

for the protection and safety of visitors against banditry or animals;

(e)

in the course of problem animal control; and

(f)

wildlife veterinary activities.

(4)

Notwithstanding the foregoing, a uniformed and disciplined officer of the Service shall not resort to the use of firearms—

(a)

under paragraph (a)(i) of subsection (3), unless the officer concerned has reasonable grounds to believe that he cannot otherwise prevent the escape, and unless he has given ample warning to such person that he is about to use a firearm against him, and the warning is unheeded; or

(b)

under paragraph (a)(ii), (a)(iii) or (a)(v) of subsection (3), unless the officer concerned believes on reasonable grounds that he or any other person is in danger of grievous bodily harm, or that he cannot otherwise prevent the removal, effect the arrest or, as the case may be, defend himself or the other officer or person.

(5)

When a person has been taken into custody for any offence under this Act, the authorized officer shall, if it does not appear practicable to bring that person to the nearest police station or competent court within twenty-four hours after he has been so taken into custody, detain the person in appropriate premises at the nearest Service station.

(6)

A person arrested and detained in accordance with subsection (5) of this section shall be brought before a competent court or the nearest police station within forty-eight hours.

(7)

Any person who, without authorization conveys into a wildlife conservation area, or being within the area thereof, is in possession of, any weapon, ammunition, explosive, trap or poison, commits an offence.

(8)

The Cabinet Secretary may, on recommendation of the Service make rules and regulations in respect of wildlife security operations in national parks, marine protected areas, wildlife conservancies and sanctuaries.

PART XIV – MISCELLANEOUS
113.
The common seal

The common seal of and the Service shall be kept in such custody as the Board or Trustees, as the case may be, may direct and shall not be used except on the order of the Board or Trustees.

114.
Protection from personal liability

No matter or thing done by a member of the Service or any officer, employee or agent of the Service shall, if the matter or thing is done bona fide for executing the functions, powers or duties of the Service, render the member, officer, employee or agent or any person acting on his directions personally liable to any action, claim or demand whatsoever.

115.
Liability for damage

The provisions of section 114 shall not relieve the Service of the liability to pay compensation or damages to any person for any injury to him, his property or any of his interests caused by the exercise of the powers conferred upon the Service by this Act or by any other written law or by the failure, whether wholly or partially, or any works.

116.
Regulations
(1)

The Cabinet Secretary may, on recommendation of the Service, 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, rules and regulations may be made under this section for—

(a)

granting of wildlife user rights;

(b)

prescribing the amount of user fees payable under this Act generally or in particular cases;

(c)

specifying the conditions subject to which any licence, permit or authorization may be granted or issued under this Act;

(d)

regulating activities in the national parks, national reserves, provisional wildlife conservation areas, wildlife conservancies and sanctuaries and the visitor indemnity;

(e)

prescribing measures that enhance community participation in the conservation and management of wildlife;

(f)

providing for the protection of endangered and threatened ecosystems, habitats and species;

(g)

prescribing measures and mechanisms for joint management of protected water towers with other lead agencies; and

(h)

prescribing the manner of nomination of representatives of communities and other stakeholders to the Board, Trustees and the regional wildlife conservation area committees.

(3)

Rules made under this section may require acts or things to be performed or done to the satisfaction of the Service and may empower the Service or the Service to issue orders imposing conditions and dates upon, within or before which such acts or things shall be performed or done.

(4)

The provisions of section 27 of the Interpretation and General Provisions Act shall not apply to rules made under this section.

117.
Disputes
(1)

Any dispute that may arise in respect of wildlife management, protection or conservation shall in the first instance be referred to the lowest possible structure under the devolved system of government as set out in the Devolution of Government Act including traditional resolution mechanisms.

(2)

Any matter that may remain un-resolved in the manner prescribed above, shall in all appropriate cases be referred to the National Environment Tribunal for determination, pursuant to which an appeal subsequent thereto shall, where applicable, lie to the Environment and Land Court as established under the Environment and Land Court Act, 2011.

118.
Repeal of Cap. 376

The Wildlife (Conservation and Management) Act is repealed.

119.
Transitional provisions

Notwithstanding section 118—

(a)

any land which, immediately before the commencement of this Act, was a national park, national reserve, marine reserves or sanctuary as set out in the Eleventh Schedule, shall be deemed to be a national park, marine protected area or sanctuary, under this Act;

(b)

any licenses or permits granted under that Act and in force immediately before the commencement of this Act shall, with the approval of the Service and upon recommendation of the Service, be deemed to have been granted under the provisions of this Act, and shall remain in force until revoked in accordance with any terms in that regard set out in the licence or permit, as the case may be, or renewed as a licence or permit under this Act:

Provided that where the licence or permit in force immediately before the commencement of this Act relates to activity now outlawed under this Act shall cease upon the commencement of this Act;

(c)

the rules and regulations falling within the ambit of the Wildlife (Conservation and Management) Act shall remain in force until replaced under rules and regulations made under this Act; and

(d)

a person who immediately before the commencement of this Act was an employee of the Service under the repealed Act shall continue to hold or act in that office as if appointed to that position under this Act, and all benefits accruing to employees under the repealed Act shall continue accruing to them under this Act.

FIRST SCHEDULE

[Section 10.]

PROVISIONS RELATING TO THE CONDUCT OF BUSINESS AND AFFAIRS OF THE BOARD OF TRUSTEES

This Schedule shall apply in accordance with the statutory obligations of the State Corporations Act.

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 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 for re-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 times.

(4)

A member other than the chairperson an ex officio member may—

(a)

at any time resign from office by notice in writing to the Cabinet Secretary;

(b)

be removed from office by the Cabinet Secretary if the member—

(i) has been absent from three consecutive meetings of the Board without the permission of the chairperson; or
(ii) is adjudged bankrupt or enters in to a composition scheme or arrangement with his creditors;
(iii) is convicted of an offence involving fraud or dishonesty;
(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;
(v) is incapacitated by prolonged physical or mental illness;
(vi) is found to have acted in a manner prejudicial to the aims and objectives of this Act;
(vii) fails to comply with the provisions of this Act relating to disclosure; or
(viii) is otherwise unable or unfit to discharge the functions 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 days’ written 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 absence the vice-chairperson shall preside, and in his 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.

(5)

At the first meeting of the Board, the members shall elect a vice-chairperson, not being a public servant, from among its members.

3.
Disclosure and conflict of interest
(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, the person 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 of interest made under this section shall be recorded in the minutes of the meeting at which it is made.

4.

The Board may regulate its own procedure.

SECOND SCHEDULE

[Section 12.]

PART 1 – PROVISIONS RELATING TO THE OFFICERS OF THE SERVICE
1.
Officers of the Service
(1)

The officers of the Service shall hold the ranks specified in subparagraph (2).

(2)

The ranks of the officers of the Service referred to in subparagraph (1) in order of seniority shall be as follows—

(a)

Uniformed and Disciplined Officers Cadre—

(i) Gazetted Officers Director-General Director Deputy Director Senior Assistant Director Assistant Director Senior Warden
(ii) Senior Officers Warden I Warden II
(iii) Junior Officers Assistant Warden I Assistant Warden II Assistant Warden III Cadet
(iv) Rangers Sergeant Major Senior Sergeant Sergeant Corporal Ranger
(v) Trainees Management Trainee Ranger Recruit
(b)

Scientific Cadre

Chief Scientist

Senior Principal Scientist

Principal Scientist

Senior Scientist

Scientist I

Scientist II

Scientist III

Research Assistant I

Research Assistant II

Research Assistant III

(c)

Other officers appointed by the Trustees on specified schemes.

B. The officers of the Service shall, in the performance of the duties conferred upon them under this Act and any other written law, conform to any lawful instructions, directions or orders which may be given by the Director

(2)

The Director may, with the consent of the Trustees, from time to time make and issue administrative orders to be called Service Standing Orders for the general control, direction and information of the officers of the Service.

2.
Disciplinary Code and Regulations
(1)

The Director shall, with the approval of the Trustees, issue a Disciplinary Code for Officers of the Service, which shall apply to the uniformed and disciplined officers of the Service and which may provide for the following matters—

(a)

the investigation of disciplinary offences and the hearing and determination of disciplinary proceedings;

(b)

disciplinary penalties and awards; and

(c)

any other related matters as pertains to the Act.

(2)

The following disciplinary penalties, or any combination thereof, may be included in the Disciplinary Code for infringement of the Code issued under subparagraph (1)—

(a)

dismissal from the Service;

(b)

reduction in rank;

(c)

confinement for not more than fourteen days in a guard room or restriction to the confines of any camp or other area where a part of the Service is stationed;

(d)

fines;

surcharge;

(e)

where the offence has occasioned any expense, loss or damage, stoppages of pay or allowances;

(f)

extra drills, parades or fatigues;

(g)

severe reprimand;

(h)

reprimand; and

(i)

admonition.

(3)

A Disciplinary Code issued under this paragraph may provide that a disciplined officer of the Service committing a disciplinary offence may be arrested without a warrant by or on the order of an officer senior to him or placed in command over him, who may, if circumstances so warrant, confine that officer or cause that officer to be confined in a building suitable for the purpose, pending the determination of disciplinary proceedings:

Provided that no person shall be confined for more than five days without a warrant being issued for his arrest.

3.
Insubordinate behavior
(1)

A uniformed and disciplined officer of the Service who—

(a)

strikes, or otherwise uses violence on, or threatens violence to or incites any other person to use violence on, an officer senior to or placed in command over him or that other person; or

(b)

uses threatening or insubordinate language to an officer to or placed in command over him,

shall be guilty of an offence and liable to imprisonment for a term not exceeding one year.

(2)

The Director or an officer of or above the rank of Assistant Director, to whom power so to do has been delegated by the Director may direct that an offence committed under this paragraph be dealt with under the Code.

4.
Desertion and Absenteeism
(1)

A uniformed and disciplined officer of the Service who absents himself from duty without leave or just cause for a period of or exceeding twenty-one days shall, unless he proves the contrary, be deemed to have deserted from the Service.

(2)

A uniformed and disciplined officer who deserts the Service shall forfeit any pay or allowance due to him, and subject to the provisions of the Retirement Benefits Act be paid such pension, provident fund or any other scheme operated by the Service, less liabilities due to the Service and in addition, such member shall be liable to disciplinary action.

(3)

No pay or allowance shall be paid to a uniformed and disciplined officer in respect of any day during which he is absent from duty without leave, unless the Director otherwise directs.

(4)

Any uniformed and disciplined officer who deserts from the Service for a cumulative and successive period of or exceeding twenty-one days shall be guilty of an offence and liable to disciplinary action.

(5)

Any uniformed and disciplined officer who, upon being dismissed from the Service, or who deserts from the Service for a period of twenty-one days and does not surrender the property of the Service or the Government within a period of or not exceeding seven days from the date of dismissal or desertion, shall be guilty of an offence and liable to imprisonment for one year or a fine not exceeding fifty thousand shillings or both such fine and imprisonment.

5.
Prohibition from joining trade unions
(1)

No officer of the Service shall be or become a member of—

(a)

a trade union or any body or associate affiliated to a trade union;

(b)

a body or association the objects or one of the objects of which is to control or influence conditions of employment in a trade or profession; or

(c)

a body or association the objects, or one of the objects of which, is to control or influence pay, pension or conditions the Service other than a staff association established and regulated by rules or regulations made under this Act.

(2)

An officer of the of the Service who contravenes sub-paragraph (1) shall be liable to be dismissed from the Service and subject to the provisions of the Retirement Benefits Act be paid such pension, gratuity, provident fund or any other scheme operated by the Service, less liabilities due to the Service.

2.

If a question arises as to whether a body is a trade union or an association to which this paragraph applies, such question shall be referred to the Cabinet Secretary whose decision thereon shall be final.

1.
Definition

In this Part, “uniformed and disciplined officer” means an officer specified in subparagraph (2)(b) of paragraph 1.

PART II – OATH OF ALLEGIANCE

I ........................................................ do hereby Swear by Almighty God (or do hereby solemnly and sincerely affirm) that I will give faithful and loyal service during my service in Kenya Wildlife Service and that I will bear true allegiance to the President and the Republic of Kenya: that I will subject myself to all Acts, Orders and Regulations now or in the future in force relating to my service in Kenya Wildlife Service; that I will obey all lawful orders of the officers placed over me; and that I will discharge all the duties of a Kenya Wildlife Service officer according to law, without fear, favour, affection or (so help me God").

.......................................................... Signature of Declarant

Personal Number ...................................................................

Sworn/affirmed before me ......................................................

On the ....................................................................................

THIRD SCHEDULE

[Section 25.]

WILDLIFE SPECIES IN RESPECT OF WHICH COMPENSATION MAY BE PAID
A.
Death and Injury

Elephant

Lion

Leopard

Rhino

Hyena

Crocodile

Cheetah

Buffalo

Poisonous snakes

Hippo

Shark

Stone Fish

THIRD SCHEDULE—continued

Whale

Sting ray

Wild dog

Wild pig

B.
Crop, livestock and property damage

Elephant

Lion

Leopard

Rhino

Hyena

Crocodile

Cheetah

Buffalo

Hippo

Zebra

Eland

Wildebeest

Snake Wild dog

FOURTH SCHEDULE

[Section 34.]

PROVISIONS AS TO PUBLIC CONSULTATION

Requirement for public consultation

1.