Loading...
This record has been deleted. Since it is linked to a published record, it is available here for reference purposes only.
Click here to view the deleted recordThis document has been updated. This is not the latest published version. Click here to view the latest version of the record.
Legislative, Administrative or Policy Measure
(MSR)
last updated: 09 Oct 2017
Forest Conservation and Management Act, 2016 (FCM Act, 2016).
Kenya’s forest laws are among the most stringent in the world. They protect our forests and ensure that sustainable forest management practices are followed across the country. This means that consumers can be confident that the forest and wood products they buy from and within Kenya were obtained legally and harvested under a system of sustainable forest management. Thus, various legislative forest reforms have taken place over the years. These reforms culminated to the repeal of the Forest Act 385, the enactment of the Forest Act, 2005 which established the Kenya Forest Service as a Semi-autonomous State Corporation in 2007 and the now newly formed Forest Conservation and Management Act, 2016 (FCM Act, 2016).
The main purpose of the new Act is to give effect to Article 69 of the Constitution of Kenya with regard to forest resources; provides for the development and sustainable management, including conservation and rational utilization of all forest resources for the socio-economic development of the country and other connected purposes.
Although Kenya Forest Service administers the FCM Act 2016, the Act requires County Governments to adopt and implement policies in adherence to the act as provided under Section 21 which requires them to prepare annual report for the Service on forestry activities. The Act also requires the Kenya Forest Service Board to prepare forest status report for the Cabinet Secretary once every two years and forest resource assessment report (FRA) once every year. It gives responsibility to the Cabinet Secretary to develop National Forest Policy in consultation with County Governments and relevant stakeholders.
The main purpose of the new Act is to give effect to Article 69 of the Constitution of Kenya with regard to forest resources; provides for the development and sustainable management, including conservation and rational utilization of all forest resources for the socio-economic development of the country and other connected purposes.
Although Kenya Forest Service administers the FCM Act 2016, the Act requires County Governments to adopt and implement policies in adherence to the act as provided under Section 21 which requires them to prepare annual report for the Service on forestry activities. The Act also requires the Kenya Forest Service Board to prepare forest status report for the Cabinet Secretary once every two years and forest resource assessment report (FRA) once every year. It gives responsibility to the Cabinet Secretary to develop National Forest Policy in consultation with County Governments and relevant stakeholders.
National / Federal
Legally binding
09 Oct 20167
Law
No
- ForestConservationandManagementAct34of2016.pdf [ English ]
EN
Organization:Kenya Forest Service (KFS)KIAMBU ROADNAIROBI, NAIROBI
,Phone: 20 250 2508,Fax:Email: director@kenyaforestservice.org,Website: http://www.kenyaforestservice.org/,
The elements of the measure are not applicable for this measure.
Forest conservancy areas and committees
(1) The Board shall establish forest conservancy areas for the proper and efficient management of forests and may divide such conservancy areas into forest divisions and stations.
(2) There shall be established a forest conservation committee in respect of each conservancy area established under subsection (1).
(3) The functions of the committee shall be to—
(a) inform the Board on the ideas, desires and opinions of the people within the forest conservancy areas in all matters relating to the conservation and utilisation of forests within such area;
(b) monitor the implementation of this Act and other forest regulations within the area;
(c) review and recommend to the Board applications for licences and renewals thereof;
(d) regulate the management of forests in the relevant conservancy area, including the setting of charges and retention of income;
(e) in consultation with the Board, assist local communities to benefit from royalties and other rights derived from flora or fauna traditionally used or newly discovered by such communities;
(f) identify areas of un-alienated Government land or trust land to be set aside for the creation of forests;
(g) recommend to the Board establishment of forest division conservation committees; and
(h) perform such other functions as the Board may require or delegate to it.
(1) The Board shall establish forest conservancy areas for the proper and efficient management of forests and may divide such conservancy areas into forest divisions and stations.
(2) There shall be established a forest conservation committee in respect of each conservancy area established under subsection (1).
(3) The functions of the committee shall be to—
(a) inform the Board on the ideas, desires and opinions of the people within the forest conservancy areas in all matters relating to the conservation and utilisation of forests within such area;
(b) monitor the implementation of this Act and other forest regulations within the area;
(c) review and recommend to the Board applications for licences and renewals thereof;
(d) regulate the management of forests in the relevant conservancy area, including the setting of charges and retention of income;
(e) in consultation with the Board, assist local communities to benefit from royalties and other rights derived from flora or fauna traditionally used or newly discovered by such communities;
(f) identify areas of un-alienated Government land or trust land to be set aside for the creation of forests;
(g) recommend to the Board establishment of forest division conservation committees; and
(h) perform such other functions as the Board may require or delegate to it.