Confusion of Charcoal Regulation in Kenya

Davidokul — Tue, 26 Jan 2021 11:16:54 +0000

By David Okul

Charcoal regulation in Kenya is confusing. For instance, the question of ‘is charcoal production illegal in Kenya?’ is quite complicated. The simple answer is, yes, charcoal production is illegal in Kenya. According to the Kenya Forest Conservation and Management Act (2016). Under other offences, section 67, 1e of the act states that ‘Any person who makes or is found in possession of charcoal in a national, county or provisional forest; or in the community forest, private forest or farmlands without a licence or permit of the owner as the case may be’ commits an offence.

The act indicates that the penalty for illegal production and possession of charcoal is a fine not exceeding 50,000 Kenya shillings or imprisonment for a term not exceeding six months, or both.

From the statement, I interpret that charcoaling is illegal in national, county, or provisional forests. However, the activity is legal in community, private forests, and farmlands with a licence. What confuses me, at the first instance, is if an owner of a private or community forest requires a licence or permit to undertake charcoaling. However, based on Charcoal regulations of 2019 and 2005, I find that a landowner does not require a licence to produce charcoal if he/she is producing it for subsistence use. Additionally, he/she should not burn charcoal from endangered or threatened tree species.

Charcoal regulations of 2009 Vs the 2015 Draft

I remember learning about the charcoal regulations of 2009 at the University. Using Google search, I am able to locate the draft Charcoal Regulations of 2015 on the Kenya Forest Action Working Group website. Among other things, the regulations mention the County Department responsible for forestry to be the responsible body for:

The issuance of licences for the production and trading of charcoal.
Monitor the charcoal production areas
Create awareness in charcoal production technology and trading

Further, the regulations mention that a person who wishes to produce charcoal on his land for his own consumption, shall not require a licence but produce not more than 3 bags per month.

Like the 2009 regulations, the 2015 draft further requires individuals to have a charcoal movement permit, certificate of origin of the charcoal, and receipt from a trader transport charcoal in Kenya. The regulations also seek to protect endangered and threatened species from charcoal production. Commercial charcoal producers are encouraged to form Charcoal Production Associations.

But the regulations for 2015 were still drafts. It, therefore, implies that the 2009 charcoal regulations are still relevant. These regulations have shortcomings considering that they were scripted before the 2010 constitution. As such, they recognize Kenya Forest Service as the authority in charge of issuing licences for the production and transportation of charcoal in Kenya. Another glaring miss on the 2009 regulation is that it does not specify the number of bags permitted for subsistence use. In contrast, the 2015 draft outlines 3 bags per month as the maximum for a person to produce charcoal without a licence.

The charcoal ban in Kenya

Kenya needs to reduce its greenhouse emission by 30% by 2030 to attain its national target. To achieve the target, Kenya needs to address the issue of deforestation and land degradation. At the time of independence in 1963, Kenya had 10% cover which has now reduced to around 5% mainly because of deforestation and land degradation. Charcoal burning contributes to the degradation of forest resources in Kenya as it is mainly done in an unsustainable way. Bans have been used in efforts to reduce the destruction.

In January 2018, the governor of Kitui banned the sale and transportation of charcoal outside of the county. The following month, the Kenyan government issued a logging moratorium that effectively banned the movement of charcoal. Such interventions aim at reducing the rate of deforestation and land degradation. The government is also keen on promoting what it considers clean energy, like LPG, while discouraging the use of charcoal and firewood, because of health reasons. Personally, I believe that wood fuel is among the most sustainable energy source, but that is the topic of another blog post.

But Illegal charcoal production in Kenya is rampant

Despite the ban and strict charcoal regulation in Kenya, most charcoal produced and consumed is ‘illegal’. Partly because the product is in very high demand in urban places. According to ICRAF, 86% of Nairobi residents use charcoal, with 43% using it as their main source of energy. Because of demand, even Kitui charcoal is making its way to the Nairobi market. The sights of motorcycles and lorries with charcoal are common on major roads and highways. Although it’s anecdotal, I assume a bulk of the transporters of the charcoal do not comply with the relevant regulations. Similarly, charcoal kilns are a ubiquitous sight in most parts of rural Kenya. The ban has made the charcoal price increase four-fold in urban areas. The sad part is that the producers of the charcoal (the peasant farmers) get very little of the money. The big profiteers are the brokers, transporters, wholesalers, and corrupt government officials.

The need for an honest conversation on the charcoal regulation in Kenya

The reality is that the forestry resources in Kenya are increasingly experiencing degradation, partly because of charcoal and fuelwood. Additionally, wood fuel is a cause of some respiratory disease to Kenyans in urban centers who live in poorly ventilated houses. However, wood fuel has been, (and is), the major source of energy for Kenyans (if not Africans) for centuries. There is need to develop sustainable production methods and ensure that it is used safely. Silvica believes that the charcoal industry has a significant role to play in Africa’s fight against climate change.

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