Act No: No. 47 of 2013
Act Title: WILDLIFE CONSERVATION AND MANAGEMENT
SUBSIDIARY LEGISLATION
WILDLIFE (CONSERVATION AND MANAGEMENT) (NATIONAL PARKS) REGULATIONS, 2010
[L.N. 207/2010, L.N. 3/2013.]

Revoked by L.N. 1/2014, r. 6 .

WILDLIFE (CONSERVATION AND MANAGEMENT) (NATIONAL PARKS) REGULATIONS, 2013
[L.N. 207/2010, L.N. 3/2013, L.N. 1/2014, L.N. 86/2016.]
1.

These Regulations may be cited as the Wildlife (Conservation and Management) (National Parks) Regulations 2013.
2.

In these Regulations, unless the context otherwise requires—

“citizens” means the citizens of the East African Community;

“daily fee” means fee paid a single entry of up to twenty four hours in a National Park or National reserve;

“residents” means the residents of the East African Community;

“safaricard” means a card specially issued by the Service for purposes of payment of charges in respect of selected parks, sanctuaries and reserve managed by the Service;

“students” means an individual from a recognized secondary, Government or private college or university aged up to twenty-three years visiting the parks for purposes of learning about conservation through a documented and organized arrangement with that institution and excludes students on personally arranged holidays.
3.

For the purposes of these regulations, National Parks shall be categorized as follows—

(a)

Premium Parks

(i) Amboseli National Park;
(ii) Lake Nakuru National Park;
(b)

Urban Safari

(i) Nairobi National Park;
(c)

Wilderness Parks (A)

(i) Tsavo East National Park;
(ii) Tsavo West National Park;
(d)

Wilderness Parks (B)

(i) Meru National Park;
(ii) Kora National Park;
(e)

Aberdare National Park and Kihari Gate – Special rate;
(f)

Mountain Parks—

(i) Mt. Kenya;
(g)

Scenic and Special Interest—

(i) Hells Gate;
(ii) Mt. Elgon;
(iii) Shimba Hills National Reserve;
(iv) Arabuko Sokoke Forest Reserve;
(v) Ndere Island;
(vi) Tana Primate Reserve;
(vii) Chyullu Hills National Park;
(viii) Kakamega Forest; and
(ix) All other Parks and Reserves managed by Kenya Wildlife Services;
(h)

Marine Parks—

(i) Kisite Mpunguti;
(ii) Kiunga;
(iii) Watamu;
(iv) Mombasa; and
(v) Malindi;
(i)

Sanctuaries—

(i) Nairobi Animal Orphanage;
(ii) Nairobi Safari Walk; and
(iii) Kisumu Impala Sanctuary.
4.

(1) The fees set out in the Schedule shall be payable for the matters respectively indicated.

(2)

All fees shall be inclusive of 16% value added tax.
(3)

The Kenya Wildlife Service shall require not less than two weeks’ notice in order to issue written authorization for students’ rates.
5.

Citizens of the East African Community shall be charged the Kenya citizen rates respectively in all Parks, Sanctuaries and Reserves managed by Kenya Wildlife Service on production of relevant documentary proof.
6.

The Wildlife (Conservation and Management) (National Parks) Regulations, 2010 (L.N. 207/2010) are revoked.

SCHEDULE

[Regulation 9, L.N. 86/2016.]

PART I — FEES FOR VEHICLES, BOATS AND AIRCRAFTS
1.

Fees for public service vehicles stationed in National Parks and operating from hotels and lodges, camps and other places within the Parks:

PART II – FEES FOR ENTRY INTO NATIONAL PARKS OR RESERVES MANAGED BY THE KENYA WILDLIFE SERVICE

1.

Entry fees—

(a) For any person aged 18 years and above:

Kenya Citizens (KSh.)

Kenya Residents (KSh)

Non-Residents (US$)

Premium Parks

1,200

1,200

90

Wilderness Parks (A)

600

1,200

75

Wilderness Parks (B)

350

1,200

75

Urban Safari

500

1,200

50

Aberdare and Kihari gate

350

1,200

65

Mt Kenya (Day trip)

500

900

65

*4-Day climbing package (Sirimon, N/moru, Chogoria, Burguret)

2,350

4,100

255

*5-Day climbing package (Kamweti, Marania)

3,000

5,000

315

*6- Day climbing package

3,500

6,000

380

Scenic & Special Interest: (A) Hells Gate / Mt. Elgon/Longonot/ OldonyoSabuk

350

700

30

Scenic & Special Interest (B) All other parks

350

600

25

Kisite Marine

250

350

25

Other Marine Parks

150

350

20

Nairobi Safari Walk

250

350

25

Impala & orphanage

250

350

25
2.

For any child aged 3 years and above but below 18 years, and students aged up to 23 years of having 2 weeks prior approval from Kenya Wildlife Service and on production of a valid students pass—

Kenya Citizens (KSh.)

Kenya Residents (KSh)

Non-Residents (US$)

Premium Parks

350

600

55

Wilderness Parks (A & B)

250

600

40

Urban Safari

300

600

25

Mt Kenya (Day trip)

250

600

30

*4-Day package (Sirimon, N/moru, Burguret, Chogoria)

700

1,800

150

*5- Day package( Kamweti, Marania)

1,250

3,000

170

*6-Day package

1,400

3,500

200

Aberdare & Kihari gate

250

600

30

Hells Gate/Mt Elgon/Longonot/Sabuk (A)

250

350

20

Scenic & Special Interest (B)

200

350

15

Kisite Marine

150

200

15

Other Marine Parks

150

200

15

Nairobi Safari Walk, Kisumu Impala & Nairobi orphanage

150

200

15
3.

(1) Fees for annual passes for one individual with his/her/their private motor vehicle with a seating capacity not exceeding twelve passengers for entry into any National Park or reserve shall be as follows, subject to such terms and conditions as the Service may specify—

Annual Entry Fee KSh.

(a) For any persons aged 18 years and above and personalized (Except Nairobi National Park)

50,000

(b) Annual pass for Nairobi National Park

70,000

(c) Marine Parks only

12,000

(d) Tour driver guide personalized

7,000

(e) Corporate pass

120,000

(f) For any child aged 3 years but below 18 years

12,000
(2)

For purposes of this paragraph “personalized” in relation to a pass means that the pass bears the name and photograph of the holder.

PART III – FEES FOR CAMPING AND ACCOMMODATION

1.
PUBLIC CAMPSITES

(a) For any person aged 18 years and above:

Kenya Ksh.

Residents Ksh.

Non-Citizens Residents US. $

Premium Parks

250

600

30

All other Parks

200

350

20

(b) For any child aged 3 years and above but below 18 years and students aged up to 23 years having 2 weeks' prior approval from Kenya Wildlife Service and on production of a valid students pass—

Kenya Ksh.

Residents Ksh.

Non-Citizens Residents US. $

Premium Parks

200

300

25

All other Parks

150

200

15
2.
Special Campsites
(a)

For any person aged 18 years and above:

Kenya Ksh.

Residents Ksh.

Non-Citizens Residents US. $

Premium Parks

500

600

50

All other Parks

250

600

35
(b)

For any child aged 3 years and above but below 18 years and students aged up to 23 years having 2 weeks prior approval from Kenya Wildlife Service and on production of a valid students pass—

Kenya Ksh.

Residents Ksh.

Non-Citizens Residents US. $

Premium Parks

250

350

25

All other Parks

200

350

20
3.

There shall be payable a non-refundable reservation fee in respect of all designated special camp sites at the following rates:

(a)

Designated special campsite reservation fee per week or part thereof shall be seven thousand five hundred Kenya shillings.
(b)

Cancellation fee for special camp sites/all reserved sites shall be seven thousand five hundred Kenya Shillings.

4.

A corporate pass may be issued to eligible utility providers having installations within parks and reserve managed by the Service.

PART IV – SERVICES AND SPECIAL ACTIVITY

(a) Services

Per Day (KSh.)

Security service per section of ten men per day

87,000

Vehicle recovery inside Park

7,500

(b)

Special Activity

Duration

Rate (KSh.)

Night Game Drive per person

.Per trip

.2,500

Security/Guided tours per guide

.4 hours

.2,000

Security/Guided tours per guide

.over 4 hours

.3,500

River rafting per person

Per trip

2,000

Horse riding excluding rider

Per day

3,000

Private horses

Per day

1,200

Fishing (per line)

Per day

600

Fishing (Mt. Kenya)

Per day

1,800

Cycling

Per day

250

PART V – MISCELLANEOUS

1.

Safaricard issuance

1200

Replacement

1200
2

One extra entry may be permitted within twenty-four hours in any National Park or National reserve, except sanctuaries, Lake Nakuru National Park, Nairobi National Park, Amboseli National Park and Tsavo East National Park.
WILDLIFE CONSERVATION AND MANAGEMENT (IMPLEMENTATION OF TREATIES) REGULATIONS, 2017
[L.N. 241/2017.]
PART I – PRELIMINARY
1.
Citation

These Regulations may be cited as the Wildlife Conservation and Management (Implementation of Treaties) Regulations, 2017.
2.
Interpretation

In these Regulations, unless the context otherwise requires—

"Act" means the Wildlife Conservation and Management Act, 2013 (No. 47 of 2013);

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

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

"Service" means the Kenya Wildlife Service established under section 6 of the Act;

"treaty" means an international agreement concluded between Kenya and any other State in written form and governed by international law, whether embodied in a single instrument or in two or more related instruments and whatever its particular designation and includes a convention.
PART II — IMPLEMENTATION OF TREATIES
3.
Service to implement treaties
(1)

The Service shall, as the lead agency, in consultation with stakeholders administer, co-ordinate and implement international treaties regarding wildlife to which Kenya is Party.
(2)

The Service shall pursuant to sub-regulation (1)–

(a)

meet the requirements of the treaties and the implementation of resolutions and decisions;
(b)

accomplish the requirements of the treaties and the enforcing resolutions;
(c)

execute the specific decisions directed to Kenya;
(d)

budget for and make arrangements for the payment of respective annual convention fees;
(e)

engage in the negotiation of resolutions and decisions that are beneficial and of interest to Kenya;
(f)

lobby necessary amendments on treaties, decisions and resolutions in the interest of safeguarding Kenya's wildlife;
(g)

comply with and monitor compliance with international treaties;
(h)

implement international treaties;
(i)

monitor and prevent trade that is inconsistent with international treaties in accordance with the Act and the Regulations made under it;
(j)

confiscate species traded in contravention with any international treaty that Kenya is party to; and
(k)

take any other necessary measures for the implementation of and enhancing compliance with international treaties.
(3)

The Service shall carry out implementation of resolutions of the Conference of Parties.
(4)

The Service may propose to the Cabinet Secretary any relevant Treaties that Kenya should ratify for better wildlife management and conservation.
4.
Role of counties
(1)

Each county shall ensure that its legislation conforms with wildlife international treaties to which Kenya is a party.
(2)

The Service may in carrying out its functions in regulation 3 delegate any function to the Committee.
WILDLIFE CONSERVATION AND MANAGEMENT (PROTECTION OF ENDANGERED AND THREATENED ECOSYSTEMS, HABITATS AND SPECIES) REGULATIONS, 2017
[L.N. 242/2017]
PART I—PRELIMINARY
1.
Citation

These Regulations may be cited as the Wildlife Conservation and Management (Protection of Endangered and Threatened Ecosystems, Habitats and Species) Regulations, 2017.
2.
Interpretation

In these Regulations, unless the context otherwise requires—

"Act" means the Wildlife Conservation and Management Act, 2013 (No. 47 of 2013);

"darting" in relation to a live specimen of a listed threatened or protected animal species, means to shoot the specimen with a projectile loaded with a tranquilizing, narcotic, immobilizing, or similar agent;

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

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

"habitat destruction" means the alteration or modification of the habitat of a specimen of a listed species in any way, to the extent that specimen of such species are no longer capable of surviving in the altered or modified habitat;

"harassing" means behavior or conduct that threatens, disturbs or torments a listed species, marine species, and includes—

(a)

the insertion of a tag to a listed threatened or protected marine species for the purpose of tracking or monitoring;
(b)

in case of a whale, approaching a whale with a vessel or aircraft closer than three hundred meters;
(c)

in the case of turtles, photographing turtles at night or digging up nests or eggs;

"listed species" means species listed in Sixth Schedule of the Act;

"permit" means a permit issued under the Act or the regulations made under the Act;

"person" means a natural or juristic person;

"protected species" means any species which is of such high conservation value or national importance that it requires national protection;

"release" means to intentionally—

(a)

cease exercising physical control over;
(b)

cease having possession of; or
(c)

free from its controlled environment, a live specimen of a listed threatened or protected species;

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

"threatening activity" means any activity which threatens, or may threaten—

(a)

the survival, abundance or evolutionary development of an indigenous species or ecological community; or
(b)

the ecological integrity of an ecosystem;

"translocation" means the process of capturing a specimen of a listed threatened or protected animal species at a particular location, the conveying or transporting of such specimen and the release of the specimen in another location; and

"vulnerable species" means any indigenous species facing an extremely high risk in the wild in the medium-term future, but not a critically endangered species.
3.
Application

These Regulations shall apply to the protection of endangered and threatened ecosystems, habitats and species in Kenya.
4.
Objectives

The objective of these Regulations is to—

(a)

implement the classification of ecosystems, habitats and species into the following categories—

(i) critically endangered;
(ii) endangered;
(iii) vulnerable;
(iv) protected; and
(v) threatened;
(b)

provide for protection of ecosystems that are threatened or endangered so as to maintain their ecological integrity;
(c)

provide for the protection of species that are threatened, endangered, vulnerable, or protected to ensure their survival in the wild;
(c)

implement Kenya's obligations under international agreements regulating international trade in endangered species; and
(e)

ensure sustainable management and utilisation of biodiversity.
PART II – LISTED ECOSYSTEMS
5.
Protection of endangered and threatened ecosystems
(1)

This Part shall apply to endangered and threatened ecosystems and habitats within the meaning of section 46 of the Act.
(2)

The Service shall—

(a)

identify the agencies that the Service shall permit to deal with fragile ecosystems;
(b)

identify the officers and offices that shall regulate access to fragile ecosystems;
(b)

create corridors and buffer zones and take such measures, as the it considers necessary for the protection of fragile ecosystems;
(d)

regulate the removal or introduction of any species or genetic material into the ecosystem; and
(e)

take measures to maintain the natural balance in the ecosystem.
6.
Prohibited activities in listed ecosystems
(1)

The following activities are prohibited in listed ecosystems—

(a)

mining, quarrying and extraction of oil and gas or exploration thereof;
(b)

introduction and movement of species out of the ecosystem;
(c)

introduction of invasive species;
(d)

research without the written authority of the Service; and
(e)

any threatening activity in a listed ecosystem including—

(i) any threatening activity in a listed ecosystem including any activity of a nature that may negatively impact on the ecosystem; and
(ii) any activity for which a permit is required under the Act.
(2)

Notwithstanding the provisions of sub regulation (1), any activity to be carried out in a listed ecosystem may only be carried out pursuant to a permit issued in accordance with the Act and regulations made thereunder.
PART III – LISTED SPECIES
7.
Protection of listed species
(1)

Endangered, critically endangered, and vulnerable species as specified in the Act shall be protected in accordance with—

(a)

the Convention on Biological Diversity and Convention on International Trade in Endangered Species of Wild Flora and Fauna and any other law regulating listed species;
(b)

the Act; and
(c)

these Regulations.
8.
Conservation of listed species
(1)

The Service may, in consultation with the relevant lead agencies, impose bans, restrictions or similar measures on the access and use of any listed species in order to ensure maximum conservation and sustainability.
(2)

The Service shall determine and take full recovery and rehabilitation measures required to ensure restoration of any listed species into its natural habitat.
(3)

The Service may issue licenses for the establishment and maintenance of facilities for the recovery and rehabilitation of listed species.
9.
Restricted activities with regard to listed species
(1)

Restricted activities involving listed species in regulation 8 include—

(a)

any activity of a nature that may negatively impact on the survival of a listed species; and
(b)

any of the following activities carried out without a permit issued under the Act or regulation—

(i) catching, capturing or intentionally killing any living specimen of a listed species by any means, method or device whatsoever, including searching, pursuing, driving, lying in wait, luring, alluring, discharging a missile or injuring with intent to hurt, catch, or kill any such specimen;
(ii) gathering, collecting or plucking any specimen of a listed species;
(iii) picking parts of, or cutting, chopping off, uprooting, damaging or destroying, any specimen of a listed species;
(iv) importing into Kenya, any specimen of a listed species;
(v) exporting from Kenya, including re-exporting from Kenya, any specimen of a listed species;
(vi) having in possession or exercising physical control over any specimen of a listed species;
(vii) growing, breeding or in any other way propagating any specimen of a listed species or causing it to multiply;
(viii) conveying, moving or otherwise translocating any specimen of a listed species;
(ix) selling or otherwise trading in, buying, receiving, giving, donating or accepting as a gift, or in any way acquiring or disposing of any specimen of a listed species;
(x) darting of a specimen of a listed threatened or protected animal species;
(xi) release of a specimen of a listed threatened or protected animal species;
(xii) harassing a specimen of a listed marine species;
(xiii) attracting a live specimen of a listed marine species;
(xiv) attracting of a live specimen of a listed species or protected marine species; and
(xv) any other prescribed activity which involves a specimen of a listed species.
(2)

Notwithstanding the provisions of sub-regulation (1), any activity to be carried out with regard to listed species may only be carried Out pursuant to a permit issued in accordance with the Act and the regulations made thereunder.
10.
Management of listed species
(1)

The import, export or transit of any of the listed species is prohibited and allowed only in line with international conventions, and particularly the Convention on International Trade in Endangered Species of Wild Flora and Fauna.
(2)

All dealings in the listed species shall be in compliance with the conservation and management plan of the species in question.
(3)

A person dealing in listed species shall provide proof of adequate accommodation and safety for the animal.
(4)

The Service shall register and regulate any institutions of learning that shall keep listed species for research purposes.
(5)

No trade or commercial exhibition shall be made of the listed species except those expressly permitted by the permit and the conservation plan approved by the service.
(6)

Permits and certificates issued by other jurisdictions shall be subject to these Regulations and the provisions of the Act.
(7)

The Service shall have the authority to alter the terms of a permit, licence, or other authorization issued by any other jurisdiction for movement of species into or through the territory of Kenya.
PART Ill—LISTED SPECIES AND ECOSYSTEMS
11.
inventory of species
(1)

The Service shall, within twelve months of the commencement of these Regulations identify and prepare an inventory of the listed ecosystems, habitats and species in Kenya.
(2)

The inventory shall be maintained and updated annually by the Service.
(3)

The inventory shall be public record of the Service and shall be accessible to any person upon application to the Service:

Provided that the Service shall retain the authority to keep any data on the listed species as classified confidential data in the interest of safeguarding the listed species.
12.
Monitoring

The Service shall—

(a)

monitor the status and components of the listed species and ecosystems in Kenya and take necessary measures to prevent and control their depletion; and
(b)

review the efficacy of the protective measures herein and take stock of any emerging scientific knowledge in the protection of listed species and ecosystems.
PART IV — MISCELLANEOUS PROVISIONS
13.
Overlapping laws
(1)

These Regulations do not preclude any other measures which may be taken by the Service to protect any species in compliance with international treaties and conventions that Kenya is a signatory to.
(2)

These Regulations shall not prejudice any steps the Service may take in line with new or emerging scientific knowledge in respect of the protection of any species.
(3)

The Service shall, without prejudice to these Regulations, regulate the introduction and removal of any species from the ecosystem.
(4)

These Regulations shall be complementary to the provisions made under the Environment Management and Coordination Act, 1999 (No. 8 of 1999).
14.
Offences

A person who carries out a prohibited activity under these Regulations commits an offence and shall be liable on conviction to such penalty as provided for under the Act.
WILDLIFE CONSERVATION AND MANAGEMENT (JOINT MANAGEMENT OF PROTECTED WATER TOWERS) REGULATIONS, 2017
[L.N. 243/2017.]
PART I—PRELIMINARY
1.
Short title

These Regulations may be cited as the Wildlife Conservation and Management (Joint Management of Protected Water Towers) Regulations, 2017.
2.
Interpretation

In these In these Regulations, unless the context otherwise In these In these Regulations, unless the context otherwise requires—

"Act" means the Wildlife Conservation and Management Act, 2013 (No. 47 of 2013);

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

Committee" means a committee formed under regulation 5;

"lead agency" means bodies involved in management of water towers, including Kenya Water Towers Agency, Kenya Forest Service, National Environment Management Authority, Water Resource Management Authority, Agriculture and Food Authority, County Governments;

"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;

"protected water tower" means a water tower inside a national park, national reserve, or national sanctuary, including a water tower outside a protected area managed by the Service in collaboration with another government agency;

"Service" means the Kenya Wildlife Service established under section 6 of the Act; and

"water tower" means an area that acts as a receptacle for rain water and that stores water in the aquifers underneath it and gradually releases the water to the rivers and springs emanating from it.
3.
Objectives

The objective of these Regulations is to—

(a)

ensure conservation of protected water towers; and
(b)

enhance cooperation between the Service and the lead agencies in management of protected water towers.
PART II – PROTECTED WATER TOWERS MANAGEMENT
4.
Joint water towers management
(1)

The Service shall in consultation with the lead agencies spearhead the management of protected water towers.
(2)

The Service may utilise protected water towers for commercial purposes.
(3)

The Service shall—

(a)

undertake all measures necessary to conserve protected water towers;
(b)

in consultation with other decentralized wildlife management entities, promote the development and implementation of water management legal instruments with the lead agencies;

(c)

collaborate with the lead agencies to create a joint monitoring and evaluation system for optimal use and conservation of protected water towers;
(d)

in consultation with other lead agencies formulate through public consultation a management strategy for each protected water tower; and
(e)

recommend to the Cabinet Secretary any other measures necessary for the management of protected water towers.
5.
Advisory committee on Joint water towers management
(1)

The Service shall spearhead the formation of an Advisory Committee with representation from the lead agencies, to facilitate joint management of protected water towers.
(2)

The Committee shall—

(a)

review the status of the protected water towers every two years and make recommendations to the lead agencies on their proper management; and
(b)

on authorization of the Service assist the Service in carrying out the functions under regulation 4(2).
(3)

The Service and the lead agencies shall take up and implement the recommendations of the Committee progressively.

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