Point in Time
Act No: No. 47 of 2013
Act Title: WILDLIFE CONSERVATION AND MANAGEMENT
[ 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.

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
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.

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
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
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.

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

Wildlife Conservation Orders and Easements

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.

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.

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.