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A Summary of the Kenya Forest Conservation and Management Act (2016)

Davidokul — Tue, 26 Jan 2021 07:47:22 +0000

The Kenya Forest Conservation and Management Act (2016) is a product of the review of the Forest Act (2015) to align it to the constitution of Kenya. One of the key changes of the Act is the inclusion of county governments in forest management and conservation. Other conspicuous provisions in the act include:

A forest status report and resource assessment report to be prepared every 2 and 5 years respectively by KFS. A GIS database should also be maintained regularly by KFS
Any person may petition the variation of forest boundaries
A public forest strategy formulated every five years
Allows for more involvement of communities and private sectors in forestry

The act has 11 parts and 2 schedules. The table below is a summary of the 11 parts of the Kenya Forest Conservation and Management Act.

Parts	Key Points
1. Preliminary	Captures general things about the act such as citation and commencement, interpretation, applications, guiding principles, public forest policy, and public forest strategy
2. Administration	Kenya Forest Service (KFS) is the body responsible for the management of public forests in Kenya. Some of the key responsibilities of KFS include the implementation of forest management plans, issuing licences, and permits for use of forest resources, establishing benefit-sharing arrangements, and build the capacity of the County government in forestry. The roles of other institutions such as Kenya Forest Research Institute (KEFRI) and Kenya Forestry College are also outlined. County governments are required to implement national forest policies and manage public forests in counties It also outlines the appointment of honorary foresters and the establishment of forest conservation areas and committees
3. Financial provisions	It addresses the source of funds for KFS, which is mainly from the national treasury It also defines Forest Conservation and Management Trust Fund that seeks to support forestry programmes such as payment for ecosystem services The board prepares the budget at least two months before the end of the financial year (June)
4. Classification and management of forests	Forests are classified as s public, community, or private. But community and private forests are registered by KFS Community forests upon registration can benefit from Forest Conservation and Management Trust Fund and get technical support from county governments The service can declare a mismanaged community or private forest as a provisional forest Each county to have an arboretum or a green zone 5% of any housing development project should be a green zone With counsel from KEFRI, the cabinet secretary can declare a tree species to be protected No individual can fell, cut, damage, or remove, trade in or export or attempt to export any protected tree species with backing from an EIA, the service can offer a concession to utilize public forests Any person/service or institution can enter into a management agreement for all or parts of a public forest. But no management agreement includes settlements in the forest
5. Community participation	Outlines the obligations of the community forest association. The association sets out the use of forest resources, methods of biodiversity conservation, methods for biodiversity monitoring, and protection of wildlife. The CFAs are entitled to forest user rights such as collection of forest products, ecotourism and education activities.
6. Incentives for increasing forest and tree cover	Investors in forests shall share the benefits of their investment with local communities e.g. employment, infrastructure, education Tax and fiscal incentives (by Government) to promote forest conservation and management Promote national tree planting week and the International Day of Forests (21^st March)
7. Licencing and Trade in forest products	The KFS can allow the private sector to participate in sustainable forestry management through licenses, contracts, joint management agreements, or concessions The Service shall publish in the Gazette a chain-of-custody system for the verification of the origin of forest products from the public, community, and private forests
8. Enforcement and compliance	Chief conservator of forests and forest officers can demand licence and search any person suspected to have possession of forest products. Seizing and detaining livestock found roaming illegally in the forest. Officers of the service above the rank of Sergeant Forest Ranger have the same powers conferred on a police officer under the Criminal Procedure Code and the National Police Service Act, 2011# Officers with paramilitary training can use firearms
9. Offences and Penalties	Except under licence/permit, the following are illegal activities in a public/provisional forest: illegal harvesting of forest products, importation or exportation of forest produce, illegally marking forest produce, arson of a forest and introduction of exotic genetic material, smoking, livestock grazing, cultivating, and possession of logging equipment. Other offences related to counterfeiting and quarrying are defined. The penalties for each group of offences are also outlined. Any dispute that may arise in respect of forest conservation and management shall be referred to the lowest possible structure under the devolved system of government initially but may be forwarded to National Environment Tribunal for determination if unresolved. An appeal, where applicable, lie in the Environment and Land Court as established under the Environment and Land Court Act, 2011.
10. Miscellaneous	Gives provisions for the regulations of the act The act aligns with the constitution and international treaties where Kenya is a signatory
11. Transitional provisions	The Kenya Forest Conservation and Management Act (2016) repeals the Kenya Forest Act (2005) and Timber Act (1972). However, public forests and licences issued before the act are valid.

Schedules of the Kenya Forest Conservation and Management Act

The Kenya Forest Conservation and Management Act has 3 schedules as follows:

The first schedule indicates the tenure of office and conduct of the business of the board
The second schedule outlines the conditions for public participation, and
The third schedule lists the gazetted public forests in Kenya

Issues with the Kenya Forest Conservation and Management Act

Although the Act aligns forestry regulations in Kenya with the constitution and international treaties, various shortcomings are evident:

The Chief Conservator of Forests is determined as the person in charge of day to day running of KFS (Section 14(4)). However other instances mention the director-general (Section (35(2b).
Although the act claims that public forests are managed by KFS, it also contradicts itself by claiming that county governments should manage the public forests under their jurisdiction. The clash with devolution is also evident in the classification of county forests (yet the act initially mention forests could only be public, private, or community). However, there is a feeling that the KFS mandate is public forests, while the counties have a mandate over the community and private forests. This feel is captured by the fact that the Chief Conservator of Forests supervises the implementation of management plans in public forests. In contrast, county governments supervise the implementation of management plans in community and private forests (Section 47,6).
Although fines and penalties for illegal forest activity have been increased in the act. The penalties are still low for some offences. For instance, the maximum fine for tree poaching is 100,000 Kenya Shillings.

All in all, the Kenya Forest Conservation and Management Act provides a good start point for Kenya in developing sustainable and productive forests. It would be great if some of Kenya’s forests could be regarded as important forests of the world.

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David Okul is an environmental management professional with over 10 years experience on donor projects, conservation, forestry, ecotourism, and community-based natural resources management. When not working on active environmental management projects, I spend my time writing for Silvica on a variety of topics.

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Important Forests in The World

Davidokul — Mon, 18 May 2020 18:40:53 +0000

Forests play a vital role in maintaining a sound environment, thanks to the fact that they contain the most extensive animal and plant diversity. Better still, forests have billions of trees that are particularly essential for absorbing carbon dioxide, thus helping to address the contemporary challenge of climate change.

Forests cover about 30% of the landmass on earth. However, most of the forest sites face various challenges that threaten their very existence. As such, we should all support the conservation of the world’s forest. We have outlined some of the important forests in the world.

The Expansive Amazon Rainforest

The massive rainforest lies on a territory stretching across nine nations. It is the world’s largest rainforest since it represents over half of the rainforests in the world. Approximately 70% of the rainforest covers the Brazilian territory, although there is a significant part of the forest in Peru. Initially, the forest spread on a total area of approximately 7 million sq. Km (2.7 million sq mile).

Nonetheless, the forest is today estimated to cover an area of about 5.5 million sq. Km (2.12 sq. miles), thanks to heavy logging that has diminished the forest cover in the previous decades. The Amazon Rainforest is considered critical since it hosts valuable freshwater resources alongside a wealth of diversity. Moreover, the rainforest plays a vital role in global biodiversity. Still, the forest is a carbon sink and hence offers essential ecological services.

The biodiversity of Congo Forest

As the world’s 2^nd most extensive tropical forest, the Congo Forest forms a quarter of the earth’s remaining tropical forests. It covers an estimated area of 1.9 million sq. Kms (734,000 sq. miles). The Congo Forest is essential for a myriad of reasons. First, it houses 10,000 plant species, hundreds of mammals, and over 1,000 bird species. Secondly, the vast tropical forest is home to the world’s largest ape species, namely the Bonobo, gorilla, and chimpanzee. Besides playing a vital role in global diversity, the forest is home to over 24 million people who live within the forest area. Most of these people depend entirely on it for their livelihood.

The Coniferous East-Siberian Taiga

Located in East-Siberia, this vast coniferous forest stretches across a land area of about 4 million km sq. The forest is remarkably essential owing to its diversity of flora and fauna. The forest isn’t just the largest forest reserve in Europe, but also the 5^th largest forest reserve worldwide. Furthermore, it hosts thousands of plant and animal species, most of which can only be seen here (endemic). It is also the only forest that stretches between tundra in the North and a group of temperate forests in the south.

The Scandinavian & Russian Taiga, a multipurpose forest complex

The forest is ranked as Europe’s largest eco-region, covering approximately 2 million sq. Kilometers (772,000 sq. miles). It spreads across Norway, Sweden, western Russia, and Finland. The forest covers roughly a third of the European continent. It is crucial as a global ecological spot, thanks to the fact that it absorbs massive carbon dioxide emissions. The forest is specifically vital because it offers an extraordinary nesting habitat for thousands of bird species. It is also a haven for mining, tourism, and fossil fuel exploration.

The Sinharaja Forest, a World Heritage Site

The Sinharaja forest is the largest in Sri Lanka, with an area of 88 Km² (34 miles2). It is also the country’s only remaining tropical rainforest. The forest is a significant part of Sri Lanka and the universe at large. Marjory because of its extraordinary biodiversity as it houses several species of endangered wildlife. It contains over half of Sri Lanka’s endemic mammals and butterflies. In 1988, UNESCO listed it as a World Heritage site thanks to its valuable, rich ecosystems and diverse living heritage. The forest boasts over 154 bird species that have been known to coexist in feeding flocks.

The Picturesque Mindo-Nambillo Forest

The sprawling, beautiful tropical forest is situated in Ecuador. It is one of Latin America’s most important ecological sites. Moreover, it is an incredible tourist attraction that keeps millions of travelers coming to Ecuador. The present-day tropical forest is a remarkably beautiful private reserve, which houses countless plants, birds, and mammal species. It is a treasure to behold, courtesy of the more than 450 bird species that live in the forest. It further houses a wide array of orchids.

The Avatar-inspiring Daintree Forest

Daintree forest is the world’s oldest rainforest, and it forms an integral part of the Australian treasure. The rainforest is a remarkable conservation center for birds, plants, and other mammals. For example, it houses the largest concentration of saltwater crocodiles in the universe. It has the highest number of threatened animals and plant species. The 1200 Km² (463 square miles) rainforest was used as an inspiration for ‘Avatar’- one of the world’s best-selling movies.

The Pristine Xishuangbanna Rainforest

Located in China, this beautiful tropical rainforest is one of Asia’s biggest and most important forests. It is the world’s only living museum of flora and fauna. The 2500 Km² (967 square miles) forest is also a center for ecosystem research for the Chinese government. It has the most significant number of endangered plants and animal species in Asia. The forest is further home to multiple primitive villages that allows humans to coexist with wildlife.

Sundarbans, a Vital Mangrove Forest in Asia

The mangrove rainforest is located along with the coastal parts of the mighty Bay of Bengal. Due to its unmatched biodiversity, the forest has become highly significant as a conservation area. It has the widest variety of mangroves than any mangrove rainforest in the world. The forest is a crucial natural wildlife spot. It has vast numbers of water monitor lizards and Bengal tigers, not to mention a variety of endangered species living in the mangrove rainforest.

The Endemic Valdivian Rainforest

Located in South America, the 250,000 Km² (95,800 square miles) temperate rainforest is South America’s only rainforest. It houses the Andean Mountains, which add plenty of biodiversity to it. The forest is one of the world’s most important forests since it houses several fascinating creatures like the Kodkod and the southern Pudu. Its vegetation comprises a variety of rare trees, such as the endangered Monkey Puzzle Tree. Approximately half of the woody species in the forest are endemic to the region

Forests remain crucial systems that support our lives. On the surface, forests appear similar as they encompass a group of trees. However, each forest has its unique composition of plants, animals, and microorganisms. Some important forests in the world are facing threats ranging from human encroachment to deforestation. Others like Borneo and New Guinea forests face a challenge from palm oil production. We must act to conserve the important forests of the world.