Forestcover PDF
Forestcover PDF
Forestcover PDF
December 1999
Revised by:
Violet Matiru
ACKNOWLEDGEMENTS
I would like to acknowledge the contributions of Duncan Odima, Dipesh Pabari, Chris Thuku, and Janet
Awimbo in the preparation of this document. My appreciation also goes to members of the Kenya
Forest Working Group, and in particular David Kuria, for their ideas, contacts and information. Finally, I
am grateful to all the representatives of government agencies and departments who provided me with
information relevant to the management of forests in Kenya and their vision on ways it could be
improved so as to better address itself to sustainable environmental conservation.
Violet Matiru
II
TABLE OF CONTENTS
SUMMARY ..................................................................................................................................................... VI
1. INTRODUCTION ......................................................................................................................................... 1
2. FORESTS IN KENYA...................................................................................................................................... 2
2.1 FOREST COVER ............................................................................................................................ 2
2.2 CLOSED CANOPY FORESTS............................................................................................................. 2
2.3 FOREST RESERVES ......................................................................................................................... 3
3. POLICY AND LEGISLATION......................................................................................................................... 4
3.1 THE CONSTITUTION OF KENYA ....................................................................................................... 4
3.1.1 The Constitution: Chapter IX: Section 114-120: Trust Land .................................. 4
3.1.2 The Constitution: Chapter V: Section 75: Protection from Deprivation of
Property ................................................................................................................................... 4
3.1.3 The Constitution: Section 115 (2): African Customary Law .................................................. 4
3.1.4 The Constitutional Review Act .................................................................................. 5
4. LEGISLATION ON LAND TENURE ................................................................................................................ 6
4.1 GOVERNMENT LANDS ACT, CAP. 280, (REVISED 1984)...................................................................... 6
4.2 TRUST LANDS ACT CAP. 288 OF 1962 (REVISED 1970)...................................................................... 6
4.3 LOCAL GOVERNMENT ACT, CAP. 265 (REVISED 1986) ....................................................................... 7
4.4 THE LAND ADJUDICATION ACT, CAP. 284 OF 1968 (REVISED 1977).................................................... 7
4.5 THE LAND ADJUDICATION (AMENDMENT) BILL OF 1999..................................................................... 7
4.6 THE LAND (GROUP REPRESENTATIVES) ACT (CAP. 287) OF 1968 (REVISED 1970) ................................... 7
4.7 REGISTERED LANDS ACT, CAP. 300 OF 1963 (REVISED 1989) ............................................................. 7
4.8 LAND PLANNING ACT, CAP. 303................................................................................................... 7
5. POLICY AND LEGISLATION ON NATURAL RESOURCES.............................................................................. 8
5.1 FOREST ACT................................................................................................................................ 8
5.2 PROPOSED FOREST BILL ................................................................................................................ 9
5.3 FOREST POLICY ........................................................................................................................... 9
5.4 THE WILDLIFE (CONSERVATION AND MANAGEMENT) ACT, CAP. 376 OF 1976 (AMENDED 1989)............ 10
5.5 ANTIQUITIES & MONUMENTS ACT, CAP. 215 OF 1984 ................................................................... 10
5.6 AGRICULTURE ACT, CAP. 318 OF 1980 (REVISED 1986) .................................................................. 10
5.7 WATER ACT, CAP. 372 OF 1951 (REVISED 1972) ........................................................................... 10
5.8 WATER POLICY, 1999................................................................................................................ 10
5.9 FISHERIES ACT, CAP. 378 OF 1989............................................................................................... 11
5.10 TIMBER ACT, CAP. 386 OF 1972 ............................................................................................... 11
5.11 CHIEF’S AUTHORITY ACT, CAP. 128 OF 1970 (REVISED 1988) ........................................................ 11
5.12 TRESPASS ACT, CAP 294 OF 1963 (REVISED 1982) ........................................................................ 11
5.13 MINING ACT, CAP. 306 OF 1940 (REVISED 1987) ........................................................................ 11
6. MANAGEMENT AND PLANNING INSTITUTIONS ...................................................................................... 13
6.1 REGIONAL DEVELOPMENT AUTHORITIES ......................................................................................... 13
6.2 MEMORANDA OF UNDERSTANDING BETWEEN GOVERNMENT INSTITUTIONS.......................................... 13
6.3 NYAYO TEA ZONES CORPORATION ............................................................................................... 14
6.4 PERMANENT PRESIDENTIAL COMMISSION ON SOIL CONVERSATION ...................................................... 14
6.5 DISTRICT FOCUS FOR RURAL DEVELOPMENT ................................................................................... 15
7. PROPOSED LEGISLATION: ENVIRONMENTAL BILL ................................................................................... 16
III
9. ISSUES IN FOREST MANAGEMENT............................................................................................................. 19
9.1 INTRODUCTION ........................................................................................................................ 19
9.2 AVAILABILITY OF DATA AND INFORMATION ON FORESTS ................................................................... 19
9.3 IMPLEMENTATION OF POLICY AND LEGISLATION............................................................................... 19
9.4 MANAGEMENT AND CO-ORDINATION OF IMPLEMENTING AGENCIES .................................................... 20
9.5 FOREST EXCISIONS ..................................................................................................................... 21
9.6 COMMUNITY PARTICIPATION IN FOREST MANAGEMENT .................................................................... 21
9.7 IMPLICATIONS ON MANAGEMENT OF COASTAL FORESTS .................................................................... 22
9.8 IMPLICATIONS OF INTERNATIONAL AGREEMENTS ON FORESTS ............................................................. 23
IV
ANNEX 20: FACT FILES ON SELECT FORESTS ................................................................................................. 61
TABLES
TABLE 1: VEGETATION AND LAND-USE COVER ............................................................................................ 2
TABLE 8: NATIONALLY THREATENED AND REGIONALLY ENDEMIC FOREST SPECIES (INCLUDING WOODY
PLANTS, BIRDS AND LARGER MAMMALS) ........................................................................................... 22
V
SUMMARY
This report is an update of the 1996 IUCN report on issues related to forests in Kenya. It brings up to
date developments on the status of forests, including official excisions and additions to gazetted forests
for the period of 1995-1999. The 1996 report has been revised to include legislation that was excluded.
In addition, proposed legislation has been discussed.
The report, based on official documentation publicly available, raises serious concerns about the
management of Kenya's forests and their need to be addressed. Data has been collected, reviewed and
analysed with a view to coming up with another source of available information for discussion on the
forestry sector. Information pertaining to excisions and forest degradation have been derived from the
Kenya Gazette, the Kenya Gazette Supplements, government institutions and departments.
Although Kenya’s policy and legal framework provides for a firm foundation for sustainable forest
management, there are shortfalls in implementation. Excision and degradation of forests in Kenya
continue, with little regard to the laws and the quality and importance of the forests.
The last section of this publication discusses issues related to forest management including difficulties in
obtaining accurate and timely data on forests, the implementation of policy and legislation, the
management and co-ordination of implementing agencies, forest excisions and degradation and
community participation in forest management.
The report is laid out in the following manner. A series of sections describe, but do not analyze, the
present forest situation in the country. These are present under the heading of:
• Forests in Kenya
• Policy and legislation
• Legislation and land tenure
• Policy and Legislation on Natural Resources
• Management and Planning Institutions
• Proposed Legislation: Environmental Bill
• Other Policy Statements
• Issues in Forest Management
Section 9 raises a series of issues of forestry and forest conservation and contemporary Kenya. The data
of the Kenya Gazette and other reports presented.
VI
1. INTRODUCTION
The World Conservation Union (IUCN) was founded in 1948 and has over 800 members, comprising
States, government agencies and a diverse range of non-governmental organisations in 129 countries.
IUCN seeks to influence, encourage and assist societies throughout the world to conserve the integrity
and diversity of nature to ensure that any use of natural resources is equitable and ecologically
sustainable (IUCN, 1996)
Following concerns expressed by NGOs and individuals about the increased number of excisions and
degradation of forests in Kenya, IUCN conducted a review of the state of the forests. The 1996 IUCN
report provided information on forest cover and values, including biodiversity, a summary of existing
policies and legislation on forests as well as trends in additions and excisions of forest reserves (1963-
1994). It also forwarded recommendations regarding current practices as they relate to the overall goals
of Kenya’s policies and legislation.
Since 1996, there have been several proposed changes to policies and legislation in order to make them
more responsive to the needs of conservation efforts and natural resource management in Kenya. This
IUCN publication places an emphasis on legislation and their direct inferences on forests. An update of
the Kenya gazette and Kenya gazette supplementary notices on proposed and declared excisions and
(de) gazettement (1994-1999) has been provided. A review of legal and policy documents focusing on
the forestry sector has been included and information on official excisions and additions to forests
compiled. The on-going Constitutional review process and its implications for natural resource
management have been discussed. In addition, the status of several forests based surveys by the
Permanent Presidential Commission on Soil Conservation has been presented. Topical forest related
issues, as interpreted and discussed within the local media are also included. The conclusion section
discusses some pertinent issues in forest management.
1
2. FORESTS IN KENYA
A forest is an ecological system dominated by trees and other woody vegetation. Forest communities are
characterized by complex interactions between woody and herbaceous flora, fauna, soils and other
physical factors (Barnes et. al., 1980). IUCN defines forests as tree dominated landscapes.
Kenya’s woody vegetation includes forests, woodlands, bushland and wooded grasslands. Wass (1995)
defines forests as continuous stands of trees at least 10 meters tall, with interlocking crowns; woodlands
as open stands of trees, at least 8 meters tall, with a canopy cover of 40% or more with the field layer
usually dominated by grasses; bushlands as open stands of bushes and climbers, usually between 3 and
7 meters tall with a canopy cover of 40% or more and wooded grasslands as land covered with grasses
and other herbs, with woody plants covering between 10% and 40% of the ground.
Data is available on the land area covered by different vegetation types in Kenya.
Wass (1995) presents the comparative area of each vegetation type. Woodlands, bushlands and wooded
grasslands occupy 65.1% of the total land area of Kenya. However, available information on
conservation and management is mainly restricted to closed canopy forests.
Kenya’s closed canopy forests are currently estimated to cover 2% of the country. According to Wass
(1995), these are forests that are climatically restricted to the Central Highlands and the Nyanza Plateau,
in areas below an altitude of 3,000 meters. The exceptions to this geographically limited area are forests
occurring as islands on top of inselberg structures in the lower parts of the country, riverine forests and
forests in the narrow coastal belt with rainfall over 1,000 mm. Over 88% (representing 1.24 million ha.)
of Kenya’s forest cover is indigenous forests (Wass, 1995)
2
2.3 Forest Reserves
Forest Reserves are land areas that have been surveyed, demarcated and gazetted. They can be gazetted
either from Trust land or from unalienated Government land. Forests Reserves on government land are
managed by the Forest Department, while those on Trust Land are managed by local authorities. In
1994, gazetted Forest Reserves on Government land amounted to 1,359,254 ha, while gazetted Forest
Reserves on Trust lands totalled 328,136 ha. Therefore, about 20% of the total area gazetted as Forest
Reserves. (IUCN, 1996).
Most of the area of Forest Reserves (64%), is covered by indigenous forests. A significant 25% of the
area in Forest Reserves is covered by non-forest vegetation while 9% is plantation forests. Approximately
64.63% of indigenous forests are found in gazetted Forest Reserves. Plantation forests represent just over
9.76% of the total cover in Kenya (Wass, 1995).
3
3. POLICY AND LEGISLATION
Policy and legislation on land tenure and natural resource management impact directly and indirectly on
the management of forests. The legal provisions for protection and management of environment and
forests are scattered in 77 statutes (UNDP, 1998). The existing legislation on natural resource
management, including forests, is structured around a governance system that is defined by the
Constitution, which sets out the structure and roles of the three arms of government, i.e. the Executive,
Legislature and Judiciary.
Chapter IX of the Constitution also outlines the conditions and procedures under which Trust Land may
be set aside for other purposes, through an Act of Parliament or through a request from the President.
This setting aside may be for the purposes of public utility, for prospecting for minerals, or any other
purpose that a county council may deem to be of benefit to the people resident in its area of
jurisdiction.
Trust Land represents the largest land area in Kenya and as of December, 1995, the total area classified
as trust land was estimated to be 457,449 sq. km representing approximately 78% of the total land area
of Kenya (Republic of Kenya, 1996).
Some areas of Trust Land are set aside as National Reserves under the Wildlife (Conservation) and
Management Act (Cap.376) and managed by the local authorities. An estimated 100,000 ha. of closed
canopy forest is currently found on Trust Land outside these National Reserves. This is approximately
7% of the total closed canopy forest area in Kenya. (Wass, 1995)
3.1.2 The Constitution: Chapter V: Section 75: Protection from Deprivation of Property
The Constitution of Kenya recognises and provides protection from deprivation of private property. This
section specifies the conditions under which the rights to private property can be forfeited, such as, by
compulsory acquisition by the government. This provision can be used to protect forest catchment areas
and can also provide for measures intended to protect and preserve the environment from abuse,
pollution and degradation and to manage the environment for sustainable development.
African customary law, although recognised as one of the sources of law in Kenya (section 3 of the
Judicature Act, Cap. 8), has limited official application with regard to the management of forests.
Customary tenure occupies a secondary position to statutory and, according to Jackson (1970 p. 20),
“statute will always take precedence over customary law”. However, in the Magistrates Courts Act (Cap.
10), Section 2 sets out the claims the magistrate may entertain under African Customary Law as
including those with regard to land held under customary tenure.
4
3.1.4 The Constitutional Review Act
The Constitutional Review Act, 1998 is an Act of Parliament to facilitate the comprehensive review of
the Constitution by the people of Kenya, and its eventual alteration by Parliament. The Act also provides
for the establishment, powers and functions of Commission, District Constitution Forums and a National
Constitutional Consultative Forum and for connected purposes.
In the composition of the Commission, the Act stipulates that there be representation from civil society.
The Kenya Pastoralist Forum, the NGO Council and the Women’s Political Caucus are specifically
mentioned.
The process through which Kenyans will provide input into the Constitution review process is stipulated
in section 11 (1) (a). The Commission shall receive memoranda and hold public or private hearings
throughout Kenya and in any other manner collect, and collate the views and opinions of Kenyans
whether resident in or outside Kenya.
Section 13A (2) of the Act legislates that civic education be provided to members of the public by the
allocation of free airtime on both national radio and television. In addition, the reports compiled by the
Commission will be accessible to the public who can provide input.
Under section 10 (d) (vii) of this Act, one of the functions of the Commission shall be “to examine and
review the place of property and land rights, including private, Government and Trust land, in the
Constitutional framework and the law of Kenya and to recommend improvement that will secure the
fullest enjoyment of land and other property rights”.
A new or reviewed Constitution may have far-reaching implications on existing legislation and the
institutions mandated with the management of natural resources in the country and the level and extent
to which local communities can participate in these activities.
At present, the Constitutional Review process has stalled due to lack of consensus among the different
nominating bodies on the composition of the Commission to collect and collate views from the public.
5
4. LEGISLATION ON LAND TENURE
Currently, there are numerous statutes that specifically deal with rights of ownership and control of land.
These include Government Lands Act (Cap. 280); Registration of Titles Act (Cap. 281), Land Titles Act
(Cap. 282), Land Consolidation Act (Cap. 283), Land Adjudication Act (Cap. 284), Land (Perpetual
Succession) Act (Cap. 286), Land (Group Representatives) Act (Cap. 287), Trust Land Act (Cap. 288),
Mazrui Lands Trust Act (Cap. 289), Trusts of Land Act (Cap. 290), Land Acquisition Act (Cap. 295),
Registered Land Act (Cap. 300) Land Control Act (Cap. 302) and the Land Planning Act (Cap. 303).
These statutes make provisions for the conferring and vesting of interests in land. Presently, land in
Kenya falls under the three tenure categories;
• Government land
• Trust Land
• Private land
Government land includes both alienated and unalienated land. Alienated land is land that has been set
aside for a specific purpose. Unalienated land is legally owned by the government but has not been set
aside for a specific purpose.
At independence, all land that was not in private or government ownership became Trust Land, under
the control of County Councils to be used for the benefit of the residents of the area (MENR, 1994a).
Currently, approximately 78.5% of the total land area in Kenya is Trust Land.
The Trust Land Act makes provision for rights in Trust Land and controls the occupation of land. The Act
also sets out the procedures for the setting aside of land for a variety of purposes likely to benefit the
persons ordinarily resident in that area or for transfer to the Government. The Government may, by
written notice to a council, state that a parcel of land is required to be set apart; compensation shall be
paid for this land.
Of particular relevance to forestry is the fact that the Act makes provisions for general conservation,
protection and controlled utilisation of trees and other forest products on land, other than gazetted
Forest Reserves.
6
4.3 Local Government Act, Cap. 265 (revised 1986)
This Act allows Local Authorities to alienate, own and sell land within their jurisdiction under the Trust
Lands Act or to purchase land within the jurisdiction of other local authorities.
In 1995, the President appointed a Commission of Inquiry, into the future structure, powers, legal
framework, functions and staffing of local authorities countrywide (Gazette Notice Nos. 2939 and 2940
of 26th May, 1995).
The findings of this Commission are yet to be made public. However, the exercise provided an
opportunity for a broad cross-section of the public, including politicians, academicians and civil society
to make recommendations on ways the structure of local authorities could be improved to make it more
participatory and improve the management of the resources within their jurisdiction.
4.4 The Land Adjudication Act, Cap. 284 of 1968 (revised 1977)
This Act provides for the ascertainment and recording of rights and interests in Trust land. Land that is
adjudicated under this Act is then registered under the Registered Lands Act or the Land (Group
Representatives) Act. The Department of Land Adjudication and Settlement of the Ministry of Lands and
Settlements is responsible for implementing this Act.
This Act has potential implications in the management of forests in that the adjudication officer in
declaring specific sections for adjudication is empowered to exclude areas of ecological importance,
such as watershed areas and hilltops from being converted into private ownership.
4.6 The Land (Group Representatives) Act (Cap. 287) of 1968 (revised 1970)
This Act provides for the registration of communal rights and interests in land. Lands registered under
this Act are referred to as Group Ranches. Subdivision of these ranches has taken place mainly in Narok
and Kajiado Districts (Republic of Kenya, 1994-1996). Although there are small pockets of closed
canopy forests in some Group Ranches, they have not been surveyed or demarcated.
7
5. POLICY AND LEGISLATION ON NATURAL RESOURCES
Section 5: Declaration of Nature Reserves within Forest Reserves, and regulation of activities within
Nature Reserves. A Nature Reserve is an area deemed to require extra protection for the purpose of
preserving its natural amenities and wherein the exploitation of forest products is prohibited, except
with the permission of the Director of Forestry in consultation with the Chief Game Warden.
Section 8: Prohibition of activities in Forest Reserves (removal of forest produce, grazing, cultivation,
hunting, etc.) and in forests on unalienated Government land (removal of trees, collection of honey,
lighting of fires) except under license from the Director of Forestry
Sections 9-14: Enforcement of the provisions of the Act, penalties and powers afforded to enforcing
officers
Section 15: Power of the Minister to make rules with respect to sale and disposal of forest products, use
and occupation of land, licensing and entry into forests. These Forests (General) Rules set forth rules for
sale of forest produce and specifies royalty rates for these products.
The Forest (General) Order Rules were last updated in July 1998. Under these Rules, community
utilisation of forests for subsistence are included under “Miscellaneous Forest Products” which include
fuel wood, grazing, medicinal plants, etc. These products can be exploited by acquiring a permit from
the local forester for minimal fees.
Commercial logging, quarrying and leaseholds in forest reserves are acquired through licensing with the
approval from the Divisional Forest Licensing Committee, the District and Provincial Environment
Committees, upto the Ministry level.
Section 4 of the Forest Act allows for the (de) gazettment of forest reserves. This section states:
Before a gazettment or degazettment of a forest, within the Act, there are no prerequisites for
environmental assessments. The Kenya Gazette is the main mode of announcement for alterations or
additions. In the Gazette notices (de) gazetting forests, there is no indication of the type of forest
proposed for (de) gazettment. The notices typically provide the gazette notice number, the subject (e.g.
intention to alter boundaries) and some details on the forest (such as the name of the forest and the
district in which it occurs). It also gives the area in hectares and the signatory (e.g. the Minister
concerned).
8
5.2 Proposed Forest Bill
Some of the issues resulting from the application of the Forests Act stem from the fact that the Act does
not define a forest per se. In the proposed Forest Bill, a slightly more specific definition has been
proposed whereby a “Forest refers to any land containing a vegetation association dominated by trees of
any size, exploitable or not, capable of producing wood or other products, potentially capable of
ameliorating climate, exercising an influence on the soil, water regime, and providing habitat for
wildlife.” This definition shows the intention of the proposed Bill to address the management and
conservation of both closed canopy forests and other types of woody vegetation.
The proposed Forest Bill has made attempts at addressing issues with regard to the excision and (de)
gazettment processes and the recognition of the needs of local communities adjacent to forests.
The policy seeks to separate the management of forest plantations from that of indigenous forests. It
advocates for commercialised forest management to monitor and guide the forestry activities of the
public, private and farm-forestry sub-sector.
The Forest Policy addresses research, as it is an essential component of forestry development. The Kenya
Forestry Research Institute (KEFRI) is listed as the principal institution mandated to conduct forestry
research.
Ecotourism is also addressed as one of the factors that could have negative effects on the ecosystem if
not well planned. The policy calls for the harmonisation of traditional forms of forestry management and
ecotourism.
9
5.4 The Wildlife (Conservation and Management) Act, Cap. 376 of 1976 (amended 1989)
The Wildlife Act and Wildlife Policy are presently under review. The existing Act allows for the
establishment of National Parks (section 6), National Reserves (Section 18) and Local Sanctuaries
(section 19), for alteration of National Park boundaries and for the cessation of an area as a National
Park, National Reserve and Local Sanctuary (section 7).
The Kenya Wildlife Service, a parastal created in 1990 from the former Department of Wildlife
Conservation and Management, is the main agency charged with the management of National Parks and
National Reserves in collaboration with local authorities.
Category of Gazettment Total Number Total area Area under % of area under
(ha.) indigenous forest indigenous
(ha.) forests
National Parks 22 2,904,690 63,000 2.17%
National Reserves 28 1,537,174 14,000 0.91%
*Marine Parks and 8 (4 Parks and 51,000 14,000 27.45%
Reserves (Mangroves) 4 Reserves)
Total 4,492,864 91,000 2.03%
Source: KWS: Summary of National Parks and Reserves and Wass (1995).
* assumed to include both Parks and Reserves based on Wass, 1995, who has only
used the category of Marine Reserves.
Examples of are the Gede Ruins, kaya Sacred Forests at the Coast Province, and the Njuri Ncheke and
Mukure - Wa - Nyagathanga in Meru and Muranga, respectively.
This Act makes provisions, for the conservation, control, allocation and use of water in Kenya. The Act
vests all the water resources in the Government. However, commercialisation of water resources has
been allowed in Kericho, Eldoret and Nyeri, with the formation of companies and contracts under the
Local Government Act (UNCHS, 1998).
In Section 13(1) of the Act, the Minister is empowered to drain swamps which could have adverse
effects on forests. Section 14 of the Act gives the Minister power to gazette water catchments in the
country.
The Water Act is presently under review.
10
sector in its objective with regard to environmental protection. It recognises the fact that increased
human activities, especially in water catchment areas has resulted in the reduction and deterioration of
forest cover area and constitutes a threat to the country’s water resources.
The policy proposes to address these issues through the protection of water catchments, river basin
management and practices that take into account the role forests and soil conservation measures play in
conservation of water resources. Furthermore, it states that water catchments need to be identified and
delienated, and water catchment preservation and protection programmes instituted in collaboration
with the relevant Ministry in charge of forests.
This Act has implications for forests in that, with the approval of the Minister, mining can be allowed in
both gazetted and non-gazetted forest areas. Further, there is no legal requirement for the re-afforestation
of the abandoned mining area. For example, quarrying has been going on in the Ololua Forest Reserve
11
despite protests from communities adjacent to the forest and a court order banning blasting within the
forest (Kenya Forest Working Group, 1999).
12
6. MANAGEMENT AND PLANNING INSTITUTIONS
The Tana River is the largest river in Kenya with a catchment area of 95,950 sq. kms
(about 17% of Kenya’s land area) from Mount Kenya to the Indian Ocean. Along the
Tana River the Tana-Athi River Development Authority (TARDA), in collaboration
with various funding agencies has developed five dams and the Mwea-Tebere and
Bura Irrigation Schemes i.e. Masinga, Kamburu, Gitaru, Kindaruma and Kiambere
dams. In addition, there are five other proposed dams i.e. Mutonga, Grand Falls,
Usueni, Adamson Falls and Kora. The decline of the Tana gallery forests is linked to
changes in the water table and regulation of annual floods by construction of dams
upstream and irrigation schemes such as the Bura Irrigation project in Tana River
District. Changes in the forest habitat is in turn threatening certain species of wildlife
especially the Tana Red Colobus (Colobus badius rufomitratus) and crested Mangabey
(Cerocebus galeritus galeritus) (Nkako, 1999).
The Turkwell Gorge Hydro-electric dam, managed by the Kerio-valley Development Authority along the
Turkwell River in Turkana has also had an impact on the riverine forests due to changes in the water
flow and flooding levels.
13
Table 7: Memoranda of Understanding relevant to Management of Forests in Kenya
Memoranda of Understanding Date signed
FD/KWS 1991
FD/KWS/Nandi County Council 1995
FD/KWS/NMK 1996
KWS/Narok and Transmara County Councils 1996
NTZA/FD 1999
The objectives of the Memorandum of Understanding between the Kenya Wildlife Service and the
Forestry Department, signed on 5th December, 1991 are to:
• Conserve forest biodiversity by preserving select examples of different forest types, areas of
endemic or threatened species of flora and fauna, and areas important for the maintenance of
genetic diversity;
• Maintain the functioning of ecological processes: regulation of water flow, soil conservation and
the nutrient cycle;
• Exploit economically and sustainably the potential of forest products, tourism and recreation;
• Provide a basis for conservation education, extension and research;
• Protect and preserve selected sites and areas of special interest;
• Minimise threat to human life and damage to tree plantations, agricultural crops and livestock
by wildlife; and
• Generate revenue to be re-invested in forest conservation and management.
14
adequacy or otherwise of government machinery for planning and implementation of
programmes in this area.
PPCSA published a survey report in October 1999 entitled "Reconnaissance Survey of Forest Blocks in
the West and East of the Rift Valley". The report outlines the status of forests in the selected areas with
emphasis on indigenous forests and associated threats. The report also gives recommendations for
enhanced management of the forests, including income generating activities towards self sustenance.
At the district level, co-ordination is carried out through various Development Committees, from District
Development Committees (DDC) to Sub-Location Development Committees. Members of the DDCs
include District Commissioners (as Chairpersons), District Development Officers (as Secretaries),
Department Heads of all Ministries, Members of Parliament, ruling party’s District Chairpersons,
Chairpersons of Local Authorities, Clerks to Local Authorities, Chairpersons of Divisional Development
Committees and representatives of development-related parastatals, NGOs and self-help groups.
Environmental management under this structure has been facilitated by the establishment of the District
Environment Officers (DEO) in 1989 and District Environment Protection Officers in 1993 (UNDP,
1999).
One of the implications of the DFRD structure to forest management is that the DDC, as the main
development planning body at the district level, reviews and approves development plans and can make
requests to the relevant ministry for the excision of forest land in response to pressure from the residents.
For example, the Kilifi DDC had requested for the excision of Arabuko Sokoke Forest for settlement of
squatters in the district.
15
7. PROPOSED LEGISLATION: Environmental Bill
Published in May, 1999, The Environmental Management Co-ordination Bill has as its primary objective
to provide for the establishment of an appropriate legal and institutional framework for the management
of the environment in Kenya.
The ultimate object of the Bill is to provide a framework for integrating environmental considerations
into the country’s overall economic and social development. Specifically, it aims at harmonising the
various sector-specific legislation touching on the environment in a manner designed to ensure greater
protection of the environment, both physical and social, in line with the goal enunciated in Agenda 21
of the Earth Summit held at Rio De Janeiro in 1992.
The Bill establishes nine institutions at the national, provincial and district levels as follows;
• The National Environmental Council as the policy-formulating body;
• The National Environment Management Authority for co-ordination and implementation of
the various environmental management activities in collaboration with lead agencies;
• The National Environmental Trust Fund; to facilitate research, capacity development and
environmental management education;
• The National Environment Restoration Fund as the repository of funds for rehabilitation;
• The Public Complaints Committee to investigate complaints of environmental degradation
from members of the public and/or the Authority;
• The National Environment Action Plan Committee to prepare national environment action
plans, every five years, for consideration and approval by the National Assembly;
• The Provincial and District Environment Committee to prepare five-year action plans for
inclusion in the national environment action plans;
• The Standards and Enforcement Review Committee with lead agencies, to prepare and
enforce environmental standards; and
• The National Environment Tribunal to entertain appeals with regard to matters related to
licences under the Act and the imposition of environmental restoration orders.
Part VI (S. 58) of the Bill makes it mandatory for environmental impact assessments (EIA) to be
conducted before the commencement of projects involving urban development (including the
establishment of recreational townships in mountain areas, national parks and game reserves), water
bodies, transportation, mining, agriculture and forestry-related activities. The specific forestry-related
activities requiring EIAs include timber harvesting, clearance of forest areas, and reforestation and
afforestation.
Of specific significance to the protection of forests are Sections 48 and 49 of the Bill.
16
Loci standi
Section 3 (4) of the Bill gives the Kenyan public the capacity to bring legal action, whether or not a
person has directly suffered personal loss or injury from the action or omission of the defendant with
respect to environmental matters. Previously, the Kenyan public had no loci standi in environmental
matters and could therefore not legally challenge the actions of government and/or non-governmental
bodies.
The Bill has attempted to recognise the rights and interests of communities in natural resource
management. For example, Section 48 on the protection of forests takes into account the traditional
interests. However, in general it has limited community involvement in terms of the management of
resources, especially, in their capacities as natural resource user groups and their role in the sustainable
utilisation of specific natural resources.
The Provincial and District Environment Committees, established in Section 29 and 30, are responsible
for the proper management of the environment within their areas of jurisdictions. Out of a total of
approximately thirty members per district, only ten are local community representatives, of whom
approximately four are from the local authorities and the six from the community are to be appointed by
the Minister.
In order to carry out its duties effectively, the environmental management and co-ordination institution
requires independence and authority. The NEAP (MENR,1994) has proposed that the institution be
established as an independent constitutional office with security of tenure or under the Cabinet Office of
the Office of the President. In the Bill, the National Environment Management Authority is under a
ministry.
17
8. OTHER POLICY STATEMENTS
Whether or not Presidential decrees, that are not followed by a legal notice, have the force of law is
debatable. The draft Forest Bill, 1999 proposes that these decrees be given legal recognition by stating
that “the President may, by an order in the Gazette declare any tree, species or family of tree species to
be protected either in the whole country or in specific regions”.
A Commission of Enquiry into land issues was appointed in November 1999. The Commission is
charged with reviewing irregular land allocations, as well as producing a policy framework based on an
overall review of land issues in the country.
18
9. ISSUES IN FOREST MANAGEMENT
9.1 Introduction
Reports published by government agencies, local and international NGOs and in the popular press
acknowledge that forests in Kenya face increasing threats of loss and degradation. These issues are
summarized in the following section.
19
Degradation: Mount Kenya forest, Aberdares forest (Mwai, 1999) and Mount Elgon forest (Sino, 1996)
have featured in the daily newspapers with regard to the degradation of the forests through the planting
of marijuana, selective harvesting of indigenous species e.g. Camphor, Elgon Teak and Mvule. Charcoal
burning has also been noted as adversely affecting montane forests in recent years, including indigenous
forests that are supposed to be protected by the Presidential ban of 1982. On 18th March, 1999, it was
stated in the Daily Nation that 800 ha. of Mount Kenya forest was degraded by charcoal burners (Mwai,
1999).
Forest Fires: In 1995, approximately 200 ha. were lost in the Rift Valley Province due to forest fires
thought to have been set by honey gatherers (Njuguna, 1996).
Mining: Mining and quarrying in Ololua forest have appeared in articles in the media (wa Gachamba,
1998).
Corruption: Collusion between government officials and perpetrators of illegal activities in gazetted
forests has also regularly featured in the media. For example, on 14th April, 1999, the Nyeri District
Commissioner accused government officers of collusion with saw millers to degrade forests (Nation
Reporter, 1999).
Illegal activities: These include grazing in Kakamega forest (Radoli, 1999), squatting in Cherangani Hill
forest (Nation Correspondent, 1996), logging in Mount Kenya, Mt. Elgon, Aberdare and Karima Hill
Forest in Nyeri District.
Unclear Status of forests: Examples of this are that of a total of 1,041 ha. of Karura forest, 564.14 ha. is
protected by gazettment, while 476.86 ha. of the forest is of unclear status (Opala, 1998).
Allocation of forests to individuals: 70,919 acres of Mukongondo Forest was allocated to ranchers
(Mwaka, 1999).
Furthermore, policy and legislation concerning forests is articulated in several Acts that are not
adequately harmonised. The Environment Co-ordination and Management Bill is a commendable step
towards the recognition of the need to address environmental issues in a holistic manner. However,
there is need to harmonise sectoral statutes in line with this approach. Such opportunities exist because
presently several statutes are undergoing review, e.g. the Forest Act, the Wildlife (Conservation and
Management) Act and the Water Act.
This situation may be similar to that of the Task Force constituted by the Permanent Secretary in the
Ministry of Natural Resources to review the various Acts relevant to natural resource management.
20
Though this Task Force is yet to become fully functional, such an initiative could contribute to the
greater harmonisation of sectoral legislation.
Issues of management and co-ordination have special significance for forests situated on Trust Land,
under the jurisdiction of local authorities. The Forest Department is not mandated to manage these
forests and in many cases forestry is not commonly perceived as an important activity by the Councils.
Consequently forest exploitation in Trust Land areas is often poorly managed. There is need to address
the accessibility of technical expertise to local authorities to enhance their ability to manage forests
within their jurisdiction effectively.
21
communities and the institutions mandated with natural resource management has been characterised
by suspicion, punitive measures and limited dialogue.
There is need for forums where government officials and community representatives can discuss their
expectations of increased community participation. Presently, a number of NGOs, CBOs and voluntary
organisations are making good strides in enlightening the common citizen on laws and their rights.
Following are examples of models that have been proposed and tested elsewhere to enhance
community participation in natural resource management:
1. Protected Area Outreach seeks to enhance the biological integrity of parks by working to
educate and benefit local communities and enhance the role of a Protected Area in local
planning. Examples of protected area outreach include the work of Tanzania National Parks
(TANAPA), KWS, Uganda Wildlife Authority (UWA), and Kruger National Park in South Africa.
2. Collaborative Management seeks to create agreements between local communities or groups of
resource users, and conservation authorities for negotiated access to natural resources which are
usually under some sort of statutory authority. Examples of collaborative management include
what is starting to happen with the forestry departments in Tanzania and Uganda, and in UWA,
and in a number of French West African Forestry Departments.
3. Community Based Natural Resource Management Schemes have the sustainable management
of natural resources through returning control over, or responsible authority for these resources
to the community as their chief objective - for example CAMPFIRE in Zimbabwe, ADMADE
(Administrative Management Design) programme in Zambia, Conservancies, and Integrated
Conservation and Development Projects (Barrow, 1998)
These models of community participation have been developed and adapted by several countries. There
is need for the different stakeholders to work collaboratively with existing governmental agencies in
order to include community participation concepts into the legal institutional framework of Kenya’s
forests.
Table 8: Nationally Threatened and Regionally Endemic Forest Species (including woody
plants, birds and larger mammals)
Total species Forest species Threatened and Threatened
scarce
Western 254 79 48 8
West of Rift 210 54 27 8
East of Rift 191 42 33 18
Coastal 138 27 59 20
Dry Zone 157 25 23 4
outliers
Source: MENR 1 , 1994
The land tenure history of the coast is unique and this has implications for coastal forest management.
Historically, the Ten-Mile Coastal was once a possession of the Sultan of Zanzibar, and was leased to
1
Ministry of Environmental and Natural Resources
22
the Britain when the East African Protectorate was established. At independence, in 1963, it was bought
by the British and became a part of Kenya (Were, 1968). The ten-mile strip became part of unalienated
government land, under the Government Land Act. According the Statistical Abstract (Republic of
Kenya, 1996), approximately 70% of unalienated government land in the country is found in the Coast
Province. This is land that can be allocated to private individuals and entities at the discretion of the
Commissioner of Lands.
The threats to coastal forests include the allocation of beach plots to private developers which adversely
affects mangroves. According to the Nation Newspapers (Mayoyo, 1997), despite the protection of
Mangrove Forests through a gazette notice No. 174 of 1964, there has been allocation of beach plots in
Funzi, Makaso, and Bodo Islands of Coast Province, all areas of mangrove forests.
The allocation of unalienated government land to private entities could also adversely affect other
coastal forests.
According to Kangethe et. al. (1996), in the management of kaya forests, there is need to resolve land
tenure issues otherwise the needs of local people may be sidelined in favour of other interests. With the
location of kaya forests within Forest Reserves, the traditional elders no longer exercise any authority to
regulate access. Some kaya elders have complained about the management of these forests by the Forest
Department and the selective felling of trees, which they consider a sin.
When these forests are gazetted under the Antiquities and Monuments Act, the local communities can
only conduct their rituals with the approval of the National Museums, which sometimes results in
conflict. For example, a dispute was reported between the National Museums of Kenya and the
community in Samburu Division of Kwale District over the management of the Kaya forest (Kiswili &
Kwena, 1999).
Clearly community participation in the management of such forests is crucial otherwise the erosion of
indigenous knowledge and apathy could undermine conservation efforts.
In 1995 there was pressure from local communities and leaders for the excision of 3,000
acres of Arabuko Sokoke Forest for settlement. A Task Force from the Kenya Forest
Working Group established that this pressure on the forest was partly caused by lack of
security of tenure of communities east of the forest, particularly Roka Location. This land
had been mistakenly adjudicated as Trust land, whereas as part of the ten-mile coastal
strip it was Government Land. The title deeds that were issued under this process were
then nullified and withdrawn. This situation had therefore caused a lot of uncertainty and
some members of the community had taken the matter to court. There was also concern
because some of the original allotees were said to have been ‘outsiders’ who were not
entitled to land in the area. The lack of security of tenure, coupled with an influx of
squatters into the area have resulted in increased pressure for the excision of Arabuko
Sokoke forest for settlement (Kangethe et al., 1995).
23
• establishing a system of protected areas, and promoting environmentally sound and
sustainable development in areas adjacent to protected areas;
• developing and maintaining legislation to protect threatened species; and
• requiring environmental impact assessments of proposed projects likely to have significant
adverse effects on biological diversity, and allowing public participation in such
procedures.
In addition, international trade agreements have implications for forest management.
The Multi-Lateral Agreement on Investments (MAI) is concerned with global investment and is one of
the first attempts to legally create binding trade rules for the whole world. The genesis of the MAI lies in
the World Trade Organisation (WTO) negotiations of 1995. The core objectives of the MAI are to
establish a broad multilateral framework for international investment with high standards for the
liberalisation of investment regimes and investment protection and with effective dispute settlement
procedures.
The MAI may negatively impact global consensus on management, conservation and sustainable
development of all types of forests as agreed to by nations in the Global forest Principles which are non-
legally binding authoritative statements of principles for global consensus on the management of forests,
conservation and sustainable development of all types of forests. The basic obligation of countries that
are signatory to the MAI is that “each Contracting Party shall accord to investors of another Contracting
Party and to their investments, treatment no less favourable than the treatment it accords [in like
circumstances] to it own investors” (Plahe, 1999)
Concerns have been raised about the far-reaching implications of the MAI to the forests of countries that
become signatories because although both domestic and foreign companies contribute to the
degradation and clearing of forests, multinational companies pose more of a threat because their
investments are often carried out on a greater scale than local business activities. In addition, because
multinational corporations tend to expatriate profits out of the country, local people rarely benefit from
these operations.
Due to the diverse national and international interests in forests, especially in the context of greater
globalisation, there is need for the implementation of a system through which the various stakeholders
can become aware of each other’s relative interests in forests and to discuss viable options which will
take into consideration the different interests. These options should address themselves to the most
appropriate institutional structures for actualising the varied objectives. For example, the options of
privatisation of plantation forests and the greater integration of wildlife and indigenous forest
management have been mooted. These and other options should be explored with the aim of finding
workable solutions that address national and international needs for biodiversity conservation,
community needs and commercial interests of forests. Further, there is need for greater integration of
research findings in the management of forests.
24
Annex 1: References
Barrow, Edmund. 1998. Collaborative Forest Management in East Africa - An Opportunity for
Sustainable Forest Management in Report of Meeting of the Heads of Forestry Departments,
Senior Forest Officers, Universities and Research Institution in the East African Sub-Region:
May 19-21, 1998. Draft Report. IUCN, Nairobi.
Crafter, S.A.; J. Awimbo and A.J. Broekhoven (eds.). 1997. Non-timber Forest Products: Value, Use and
Management Issues in Africa, including examples from Latin America. IUCN.
FD/KWS & Nandi County Council. 1995. Bonjoge Hill Forest Memoranda of Agreement on
Conservation and Development. Forest Department/ Kenya Wildlife Service and Nandi
County Council. Nairobi. Kenya.
FD/KWS/NMK. 1996. Memorandum of Collaboration Between The Forestry Department/ Kenya
Wildlife Service and The National Museums of Kenya. Forest Department/ Kenya Wildlife
Service and National Museums of Kenya. Nairobi. Kenya.
Government of Kenya. 1968. A Forest Policy For Kenya. Sessional Paper No. 1 of 1968. Government
Printer: Nairobi, Kenya.
IUCN. 1996. Forest Cover and Forest Reserves in Kenya: Policy and Practice. Nairobi, Kenya.
Jackson, Tudor. (1978). The Law of Kenya. Nairobi, Kenya. p. 20.
Juma, Calestous. and J.B. Ojwang (eds.). 1996. In Land We Trust: Environment, Private Property and
Constitutional Change. Nairobi, Kenya.
Kang’ethe Louis, Thomas Omenge and Janet Awimbo. (1996). “Coastal Kaya Forests Indigenous
Knowledge and Management”. in The Role of Culture in Environmental Conservation. Forest
Action Network. Nairobi, Kenya.
Kangethe Louis and Violet Matiru. 1995. Collaborative Action: Activities by Local Communities, NGOs
and Government Departments. A paper presented at the Global Biodiversity Forum:
Decentralisation: What it Means for Biodiversity, Jakarta, Indonesia.
Kenya Forest Working Group. 1999. Minutes of KGWG Meeting: May 28th 1999. Nairobi, Kenya.
KIFCON. 1994. Kenya Indigenous Forest Conservation Programme: Phase I Report. Kenya Indigenous
Forest Conservation Programme: Nairobi, Kenya.
Kimani, Joseph. “Civic Leaders Oppose Gazettment of Reserve” in Daily Nation. May 23rd 1996.
Kiswili, Kadzungu & Edmund Kwena. “Row in Kwale on Kayas” Daily Nation. March 24th 1999. p. 15.
Mayoyo, Patrick. “Traders Threaten Island Forests” June 18th 1997, p. 15.
MENR. 1994a. Kenya Forestry Master Plan: Development Programmes. Ministry of Environment and
Natural Resources: Nairobi, Kenya.
MENR. 1994b. The Kenya National Environment Action Plan (NEAP). Ministry of Environment and
Natural Resources: Nairobi, Kenya
Mwai, Muthui. Daily Nations. Nairobi Kenya. March, 27th 1999a.
Mwai, Muthui. “Felling of Trees in Aberdares Continues”. Daily Nation. January 9th 1999b.
Mwai, Muthui. “Logging a Serious Menace in Mount Kenya” Daily Nation. March 19th 1999c, p. 4.
Mwaka, Francis. “70,919 acres of Mukongondo Forest Given to Ranchers” Daily Nation. April 29th
1999, p. 4.
Nation Correspondent, “Squatters May Destroy Forest” Daily Nation. April 17th 1996, p. 13.
Nation Correspondents. “Motion to protect forest land passed” Daily Nation. April 7th 1996, p. 5.
Nation Reporter. “Team Out to Assess Forest Destruction” Daily Nation. April 14th 1999, p. 13.
Njuguna, Michael. “Two Hundred Hectares in Rift Valley Lost to Fires”. Daily Nations. March 18th,
1996.
25
Njuguna, P; M. Mbegera and D. Mbithi. Reconnaissance Survey of Forest Blocks in the West and East of
the Rift Valley. Permanent Presidential Commission on Soil Conservation and Afforestation
(PPCSCA). October 1999.
Nkako, F.M. 1999. Project Impacts Downstream and Natural Resource Use Conflicts: The Case of the
Lower Tana Riverine Forests, A paper presented at the Regional Workshop on Natural
Resource Based Conflict Management: Implications for Community Forestry 11-17 April,
1999. FTPP/FAN. Mombasa, Kenya.
Ochieng, Michael. 1999. The Policy and Legal Framework for the Management of Natural Resource
Conflicts in Kenya: An Overview. A paper presented at the Regional Workshoop on Natural
Resource Based Conflict Management: Implications for Community Forestry 11-17 April,
1999. FTPP/FAN. Mombasa, Kenya.
Ogolla, Bondi and John Mugabe. 1996. Land Tenure Systems in Juma, C. and J.B. Ojwang (eds.) In Land
We Trust: Environment, Private Property and Constitutional Change. Nairobi, Kenya.
Okowa-Bennum Phoebe and Albert Mwangi. 1996. Land Tenure and Forest Resource Management In
Juma C. and J.B. Ojwang (eds.) IN LAND WE TRUST: ENVIRONMENT, PRIVATE PROPERTY
AND CONSTITUTIONAL CHANGE. ACTS, Nairobi, Kenya.
Opala, Ken. “Status of Forest Unclear” Daily Nation. October 4th 1998, p. 12-17.
Plahe, Jagjit Kaur (ed.). 1999. Multilateral Agreement on Investment. EcoNews Africa. Nairobi. Kenya.
Radoli, Musa. “Action Needed to Save Forest” Daily Nation. January 27th 1999, p. 23.
Republic of Kenya. 1994-1996. National Development Plan: 1997-2001. Nairobi. Kenya.
Republic of Kenya. 1995. District Focus for Rural Development. Office of the President, Nairobi, Kenya.
Republic of Kenya. 1995. Statistical Abstract. Central Bureau of Statistics: Nairobi, Kenya.
Republic of Kenya. 1996. Statistical Abstract. Central Bureau of Statistics: Nairobi, Kenya.
Republic of Kenya. 1997-2001. National Development Plan: 1997-2001. Nairobi. Kenya.
Republic of Kenya. 1999. Organization of the Government of the Republic of Kenya. Issued by the
Office of the President, Nairobi, Kenya.
Rocheleau D., F. Weber and A. Field-Juma. 1988. Agroforestry in Dryland Africa. ICRAF. Nairobi,
Kenya.
Sino, Ochie’ng. “Firm Destroying Forests, Says Church Leaders” September 9th 1996, p. 12
UNDP. 1999. Programme Support Document: Environment and Natural Resource Management.
UNDP, Nairobi, Kenya.
United Nations Commission on Human Settlements (UNCHS). 1998. Habitat Debate. Vol. 4 No. 2.
United Nations Environment Programme (UNEP). 1992. Convention on Biological Diversity. Nairobi.
Kenya.
Wa Gachamba, Chege. “Stone Diggers Strip Ololua Forest of its Resources” Daily Nation. October 30th
1998, p. 22-23.
Wass, Peter. 1995. Kenya’s Indigenous Forests: Status, Management and Conservation. IUCN, Nairobi,
Kenya.
Were, Gideon S and D.A. Wilson. 1968. East Africa Through a Thousand Years: A.D. 1000 to the
Present Day. Nairobi, Kenya.
26
Policies and Legislation
The Agriculture Act, Chapter 318, Revised Edition 1986 (1980).
The Antiquities & Monuments Act, Cap. 215 of 1984
The Chief’s Authority Act, Cap. 128 of 1970 (revised 1988)
The Coast Development Authority (Cap. 449).
The Constitution of Kenya
The Constitution of the Republic of Uganda, 1995.
The Constitutional Review Act, 1998
The Ewaso Ng’iro North River Basin Development Authority (448);
The Ewaso Ng’iro South River Basin Development Authority (Cap. 447);
The Fisheries Act, Cap. 378 of 1989
The Forest Policy (1968)
The Forest Policy (1994)
The Forests Act, Chapter 385 (revised 1982)
The Government Lands Act, Cap. 280, (revised 1984)
The Kerio Valley Development Authority (Cap. 441)
The Lake Basin Development Authority (Cap. 442)
The Land (Group Representatives) Act (Cap. 287) of 1968 (revised 1970)
The Land Adjudication Act Cap. 284 of 1968 (revised 1977),
The Land Planning Act, Cap. 303
The Local Government Act, Cap. 265 (revised 1986)
The Mining Act, Cap. 306 of 1940 (revised 1987)
The Physical Planning Act
The Registered Land Act, Cap. 300 of 1985 (revised 1989)
The Tana Athi Rivers Development Authority (Cap. 443);
The Timber Act, Cap. 386 of 1972
The Trespass Act, Cap 294 of 1963 (revised 1982)
The Trust land Act (Cap. 288) of 1962 (revised 1970),
The Water Act, Cap. 372 of 1951 (revised 1972)
The Water Policy, 1999
The Wildlife (Conservation and Management) Act, Chapter 376, Revised Edition 1985 (1977).
The Draft Forest Bill, 1998
The Environmental Management and Co-ordination Bill, 1999
The Land Adjudication Amendment Bill, 1999
27
Annex 2: Government Ministries and Institutions relevant to Forest Management in
Kenya
INSTITUTION IMPLICATIONS FOR FOREST CONSERVATION
Office of the President
Provincial Administration Headed by a Permanent Secretary, the Provincial
Administration is composed of Provincial and District
Commissioners, Divisional Officers, Chiefs, Sub-Chiefs
and Headmen. It is the main implementer of government
policies. The District Focus for Rural Development
strategy is also implemented through the Provincial
Administration. The Chief’s Authority’s Act, which has
provisions for forest and soil conservation is implemented
through the Provincial Administration.
Nyayo Tea Zones Corporation Established in Gazetted Forest Reserves, the Tea Zones
are meant to act as a buffer zone between local
communities and Forest Reserves.
Permanent Presidential This Permanent Commission is under the Cabinet Office
Commission on Soil in the Office of the President. It is meant to co-ordinate
Conservation soil conservation efforts in the country.
Kenya Wildlife Service This is the government parastatal charged with the
management of wildlife resources in the country through
the National Parks and Reserves system. National
Reserves are managed in collaboration with the relevant
local authorities. Certain Parks and Reserves contain
indigenous forests.
Ministry of Lands and This is the ministry charged with the registration of land
Settlements that has changed in ownership e.g. adjudication of trust
land and former government land allocated through the
Commissioner of Lands. Other functions include physical
planning and survey. Excised and de-gazetted forests are
registered as private land through this Ministry.
Ministry of Local Established under the Local Authority Act (Cap. 265),
Government currently, there are a total of 167 local authorities,
including County, Town, City, Urban and Municipal
Councils, which collectively have jurisdiction over all
Trust land in Kenya, wherein an estimated 20% of
gazetted forests and an unknown amount of un-gazetted
forest is found.
Association of Local This association, seeks to co-ordinate the activities of
Authorities in Kenya (ALGAK) local authorities and provide relevant training.
Ministry of Planning and This is the Ministry responsible for development of
National Development national development plans which include the
government’s priorities and plans in the management of
forests and other natural resources, as well as resource
surveys and remote sensing.
Ministry of Natural Resources
Forest Department The FD manages all gazetted Forest Reserves and issues
licences for consumptive and non-consumptive utilisation
of forest products.
Kenya Forestry College The KFC trains foresters and forest guards.
Fisheries Department The management of mangroves falls within this
department, due to their significance in marine ecology
and fisheries, in addition to the Forest Department, KWS,
the Ministry of Water Resources and Local Authorities.
28
Ministry of Environmental Co-ordination of environmental policies, environmental
Conservation protection and planning, environmental impact assessment
Ministry of Research and This Ministry co-ordinates research in the country and
Technology several research institutions fall within it.
Kenya Forestry Research KEFRI conducts research on plantation and indigenous
Institute forests.
Ministry of Home Affairs,
National Heritage, Culture
and Social Services
National Museums of Kenya Forests of cultural significance gazetted under the
Antiquities and Monuments Act are managed by the NMK.
Ministry of Water Resources The functions of this Ministry include irrigation and dam
construction schemes, control of water catchments and
quality. Due to the link between forests, as catchments
and water resources, the activities of this ministry have a
direct impact on forests.
Ministry of Agriculture The functions of this Ministry include the development of
agricultural policies, and the management of irrigation
schemes as well as agroforestry extension services.
Ministry of Energy In addition to the development of policies and projects for
hydro-electric energy and fossil fuel, this Ministry is also
charged with the mandate for the development and co-
ordination of organisations dealing with non-conventional
energy sources e.g. wind, bio-gas, solar and wood fuel
which would ease the pressure on forests.
Ministry of Rural Currently, there are six Regional Deve-lopment
Development Authorities under this Ministry, e.g. TARDA and Kerio-
Valley Development Authorities which are mandated with
the co-ordination of development activities within their
water basins. Some of these deve-lopment e.g. hydo-
electrict dams and irrigation project have an impact on
riverine forests.
Ministry of Education Curriculum development on forestry in schools and
universities
Moi and Egerton University These two universities offer degree-level courses in
forestry and natural resource management.
Parliament As the legislative organ, Parliament has a central role in
the passing of laws on forest management
29
Annex 3: Glossary of Terms
Nature Reserve Under the Forest Act, S. 6, a forest area or part there of declared
by the Minister to be a nature reserve for the purpose of
preserving its natural amenities and where exploitative activities
are forbidden except with the approval of the Director of
Forestry in consultation with the Chief Game Warden.
Forest Reserve An area declared to be forest area under Section 4 of the Forest
Act. Forests could be gazetted as Forest Reserve from Trust land
or unalienated Government land. Forests Reserves on
government land are managed by the by the Forestry
Department, while those on Trust Land are managed by the local
authorities. These include both indigenous and plantation
forests. Both consumptive and non-consumptive utilisation are
permitted under licence.
National Park These are government lands gazetted under the Wildlife
(Conservation and Management) Act and managed by the Kenya
Wildlife Service (KWS). Consumptive utilisation is not permitted
and entry is restricted to paying visitors only.
National Reserve Trust land gazetted under the Wildlife (Conservation and
Management) Act on agreement between the relevant County
Council and the Minister for Wildlife. These are managed by the
local authorities.
Sanctuary Land gazetted under the Wildlife (Conservation and
Management) Act to protect specified species, maximum size
2,600 ha.
Marine Park Gazetted under the Wildlife (Conservation and Management) Act
and managed by the KWS. Currently there are 4 Marine Parks,
some of which contain mangrove forests.
Marine Reserve Gazetted under the Wildlife (Conservation and Management) Act
to protect biodiversity and managed by local authorities.
Tourism and traditional forms of fishing are permitted. Currently
there are 4 Marine Reserves, some of which contain mangrove
forests
National Government, trust or private land gazetted under the Antiquities
Monument and Monuments Act, for historical/cultural purposes and
managed by the National Museums of Kenya. These include
sacred forests in Coast (Kaya) and Central province.
Indigenous Native to a specific area; not introduced. Opposite of exotic
Excision The reduction of the land area of a Forest Reserve. This can be
done legally, through Gazette and Legal notices (de jure) or in
practice (de facto)
Gazettment The setting aside of a piece of land by the government through a
Gazette notice.
Degazettment The government, through the relevant ministry may declare an
area to cease being a protected area. This is done through
Gazette and Legal notices.
Chief Conservator This title is used interchangeably with the Director of Forestry.
of Forests
30
Annex 4: Criteria for Assessing Individual Forests (Proposed by Wass, 1995)
31
Annex 5: Forest Department Plantations per District in Ha.
Total 161,014.62
32
ANNEX 6: Kenya Wildlife Service: Summary of National Parks and Reserves
Total 26 29100.9
33
RESERVES DISTRICT AREA KM 2 LEGAL NOTICE
MARSABIT MARSABIT 1122+360+72= 366 of 5/7/67
1564
MALINDI KILIFI 213 99 of 26/3/68
WATAMU
(Marine)
WATAMU KILIFI 32 99 of 26/3/68
MARINE
SIMBA HILLS KWALE 192 298 of 16/9/68
LAKE BOGORIA BARINGO 107
SHABA ISIOLO 239 268 of 12/10/74
MASAI MARA NAROK/ 1510 271 of 1/11/74
TRANSMARA
ARAWALE GARISSA 533 272 of 1/11/74
MWEA EMBU 68 6 of 9/1/76
RAHOLE GARISSA 1270 5 of 9/1/76
TANA RIVER TANA RIVER 169 4 of 9/1/76
PRIMATE
BONI GARISSA 1339 7 of 9/1/76
LOSAI MARSABIT 1806 8 of 9/1/76
DODORI LAMU 877 75 of 14/5/76
MPUNGUTI KWALE 11 91 of 9/6/78
MARINE
SOUTH KITUI KITUI 1133 186 of 7/9/79
NORTH KITUI KITUI 745 187 of 7/9/79
BISANADI ISIOLO 606 261 of 28/9/79
SOUTH TURKANA 1019 290 of 26/10/79
TURKANA
KIUNGA LAMU 250 291 of 26/10/79
MARINE
NASOLOT WEST POKOT 194 300 of 2/11/79
KERIO VALLEY ELGEYO 66 13 of 26/1/83
MARAKWET
KAMNAROK BARINGO 87.7 101 of 14/6/83
KAKAMEGA KAKAMEGA 44.7 95 of 31/5/85
SAMBURU SAMBURU 165 188 of 23/8/85
BUFFALO ISIOLO 131 189 of 23/8/85
SPRINGS
MOMBASA MOMBASA 200 316 of 9/12/88
MARINE
MARALAL SAMBURU 5 564 of 2/12/88
SANCTUARY
LAIKIPIA LAIKIPIA 165 526 of 16/10/91
NGAI NDETHIA MACHAKOS 212 9 of 9/1/76
TSAVO ROAD TAITA TAVETA 112 830 of 16/8/49
AND RAILWAY
KISUMU KISUMU 0.34 418 of 30/10/92
IMPALA
SANCTU.
Total 32 15871.4
Category of Gazettment Total Number Total area (KM 2 ) % of Total area of Kenya*
National Parks 26 29,100.9KM 2 5.0%
National Reserves 32 15,817.4KM 2 2.7%
Total 58 44,918.3KM 2 7.7%
34
*AREA OF KENYA = 582646 KM 2 APPROX.
35
Annex 7: Forest Areas under the Joint Management Memorandum of Understanding
between the Forestry Department and the Kenya Wildlife Service
36
Annex 8: Excisions from Gazetted Forest Area, 1963-1969
2
For entries where there is no legal notice, excision has been proposed but not yet legalized. These entries
have not been included in the overall figure for total excised forest area.
3
The same area was excised by LN 359/1964, so this has not been counted.
4
The same area was excised by LN 165/1965, so this has not been counted.
5
No area was specified in the legal notice.
6
This excision resulted in the area becoming a Nature Reserve.
7
This legal notice was cancelled by LN 51/1975, so is has not been counted.
8
This area became a National Park through LN 112/1968.
9
This area became a National Park through LN 172/1968.
37
21/6/68 182 27/10/67 3769 Mt. Kenya 10522.05 10
21/6/68 183 Mt. Kenya 2124.64
2/8/68 251 5/7/68 2007 Southwestern Mau 3798.46
6/9/68 273 9/8/68 2503 Kikuyu Escarpment 1021.44
11/10/68 309 13/9/68 3065 Mt. Kenya 946.98
8/11/68 335 25/10/68 3847 Kibwezi 3.27
22/11/68 347 22/11/68 4109 Maji Mazuri 50.18
17/1/69 12 20/12/68 1656 Mt. Kenya 65.56
7/11/69 240 6/6/69 3042 Ngong Road 17.60
7/11/69 241 3/10/69 3702 Kikuyu Escarpment 9.18
24/11/69 8 29/11/68 3923 Marmanet 0.91
Sub Total 1963 – 1969 De-gazetted 90,715.79
Proposed 44.92
10
This area became a National Park through LN 181/1968.
38
ANNEX 9: Excisions: 1970 - 1979
11
This area was excised to become a Nature Reserve.
12
This area was excised to become a Nature Reserve.
39
Annex 10: Excisions: 1980 - 1989
13
This legal notice was revoked by LN 50/1983, so it has not been counted.
14
This area was excised to become a Nature Reserve.
15
This plot was first excised on 10/10/86, but there have been two subsequent legal notices for the exact same
plot (LN 301/1993; LN 217/1994). As these plots are the same, only the 1986 excision has been recorded in
this table.
16
This excision resulted in the area becoming a National Reserve.
17
This excision has not been counted in the overall figures because it appears that this area was already
excised through LN 123 (28/6/85).
18
This excision resulted in the area becoming a Nature Reserve.
40
ANNEX 11: Excisions: 1990 - 1994
41
Annex 12: Excisions: 1995 - 1999
42
boundaries Nandi District
18/2/98 1552 Withdrawal Kaya Tiwi, Kwale Dist. 10
of
declaration
of
Monument
3/4/98 1764 Intention to Kakamega Forest, 17.6
alter Kakamega Dist.
boundaries
3/4/98 1765 Intention to Meru (Upper Imenti), 40.47
alter Meru Dist.
boundaries
3/4/98 1766 Intention to Ngong Road Forest, 7.507
alter City of Nbi.
boundaries
3/4/98 1767 Intention to Kakamega Forest, 3.48
alter Kakamega Dist.
boundaries
3/4/98 1768 Intention to Kitale Township Forest, 19.69
alter Trans-Nzoia Dist.
boundaries
29/5/98 2898 Intention to Meru (Upper Imenti) 12.14
alter Forest, L.R. No.15270,
boundaries Meru Dist
8/10/98 5843 Intention to Marmanet Forest, 51
alter Nyahururu, Laikipia
boundaries Dist.
8/10/98 5844 Intention to Marmanet Forest, 56.87
alter Nyahururu, Laikipia
boundaries Dist
8/10/98 5845 Intention to Meru (Upper Imenti 0.3629
alter Forest), L.R.
boundaries No.191105, Meru Dist
8/10/98 5846 Intention to Kiambu Forest, L.R. 25
alter No.21179, Kiambu
boundaries Dist.
8/10/98 5847 Intention to Mount Kenya Forest, 796.04
alter L.R.22724, Nyanyuki
boundaries Munic., Meru Dist.
8/3/99 1421 Intention to Eastern Mau Forest, 4.763
alter Elburgon Township,
boundaries Nakuru Dist.
8/3/99 1422 Intention to Kaptagat Forest, L.R. 17.34
alter No.22209, Eldoret
boundaries Municipality, Keiyo
Dist.
29/3/99 2209 Alteration of Witu Forest, Witu 701.52
boundaries Township, Lamu &
Tana River District
Sub Total 1995-1999
Intention 5242.59
Sub Total 1995-1999
Alteration 701.52
Total 1995-1999 5944.11
43
Annex 13: Additions to Gazetted Forest Area, 1963 - 1989.
19
For entries where there is no legal notice, addition has been proposed but not yet legalized. These entries
have not been included in the overall figure for total gazetted forest area.
20
This legal notice was revoked by LN 123/1979, so it has not been counted.
21
This area ceased to be a Nature Reserve, hence it reverts to gazetted forest area. The amount of land was not
specified.
22
This area ceased to be a Nature Reserve, hence it reverts to a gazetted forest area. The amount of land was
not specified.
44
17/6/77 152 18/3/77 693 Sekhendu 804.10
45
ANNEX 14: Additions: 1990 - 1994
46
5/11/93 343 30/7/93 3599 Marmanet 44.20
30/7/93 3600 Muruai 733.10
30/7/93 3600 Kirima 527.50
18/3/94 88 3/8/90 3547 Kaya Chonyi 194.50
18/3/94 88 3/8/90 3547 Kaya Jibana 140.00
18/3/94 88 3/8/90 3547 Kaya Ribe 36.00
18/3/94 88 3/8/90 3547 Kaya Kambe 56.50
30/9/94 371 1/2/91 417 Bojoge 2150.00
4/11/94 385 25/2/94 807 Njukiini West 570.20
4/11/94 385 25/2/94 807 Mulinduko 194.20
4/11/94 385 25/2/94 807 Kariani 24.28
Sub Total 1990 – 1994 Additions 25,464.70
Proposed 1,331.91
Total 1963 – 1994 Additions 112,353.55
Proposed 1,634.21
47
Annex 15: Additions to Gazetted Forest Area, 1995-99
48
6/10/98 147 Declaration of Kaya Mudimuvya, 171.3
Monument Kaloleni Div., Kilifi
Dist.
6/10/98 147 Declaration of Kaya Lunguman, 154.83
Monument Matuga Div., Kwale
Dist.
6/10/98 147 Declaration of Kaya Chonyi, Kinango 113.7
Monument Div., Kwale Dist.
Total 1995-1999
Additions 863.17
Proposed 11.2
49
Annex 16. Evaluation of Excised Forests: 1991 - 1994.
NB. Information on forest type and quality was compiled from publications, quoted in
the text, as well as unpublished accounts from technical experts.
Note 1. The Mau forests are a single large block and are very rich in animal and plant
diversity. The area is significant because of its size, and ability to support viable
populations of large mammals and other species (Wass, 1995).
50
Annex 17: Evaluation of Added Forests: 1991 - 1994
51
253/1993 Gakuyu 3075.60 Kitui Dry forest Low potential
343/1993 Marmanet 44.20 Laikipia West Dry forest Stony land;
scrub
88/1994 Kaya Chonyi 194.50 Kilifi Coastal forest Rich in
diversity
88/1994 Kaya Jibana 140.00 Kilifi Coastal forest Rich in
diversity
88/1994 Kaya Ribe 36.00 Kilifi Coastal forest Rich in
diversity
88/1994 Kaya Kambe 56.50 Kilifi Coastal forest Rich in
diversity
371/1994 Bojoge 2150.00 Nandi Fairly rocky See note 2
385/1994 Njukiini 570.20 Kirinyaga Semi-dry forest Medium
West potential
385/1994 Mulinduko 194.20 Kirinyaga Semi-dry forest High
potential
385/1994 Kariani 24.28 Kirinyaga Semi-dry forest High
potential
NB. Information on forest type and quality was compiled from publications, quoted in
the text, as well as unpublished accounts from technical experts.
Note 1.The dry forests of the Taita Hills are important for biodiversity, and contain at
least 13 plants and 9 animals restricted to these forests (Beentje, 1988b).
However, encroachment has reduced biodiversity significantly, and it should be
noted that about 15% of forests in Taita Hills that have not been converted to
exotic plantations are under cultivation.
Note 2.Bojoge forest though in a high potential district is actually very rocky, and
unsuitable for forest plantations or agricultural crops. If left to regenerate, the
land could produce quality vegetation.
52
Annex 18: Permanent Presidential Commission on Soil Conservation Survey: Information
on Forest Excisions 1995 - 1999
53
Annex 18 B: Central Eastern Rift
District Forest Size of Purpose Status Remarks
Station Excision
(ha.)
Kiambu Kinale 20 Individual Excised Water Catchment
area for school,
clinic, forest
station-pump at the
site
Ragia 40 School + Dispensary Proposed
Nyandaru Geta 1,350 Settlement Proposed FD proposed 1,050
a ha.
Ndaragwa 194.7 Leshau Settlement Excised
200 Ndaragwa Town Proposed
Expansion
Laikipia N. 5 Gatero Pri. School Excised
Marmanet
Nyeri Naro Moro 550 Settlement Proposed Already surveyed
Gathiuru 2,400 Settlement Proposed Already surveyed
Meru Ontulili 730 Settlement Proposed Surveyed and
Central demarcated
Meru 40 Show-ground Excised Another 1,840 ha.
12.4 Kenya Re. Estate Excised In Lower Imenti
15 Meru Technical Excised Invaded by the
local community
150 Methodist University Excised
Kirinyaga Njukiini 13.7 Primary School Excised
(W)
Proposed 5,270.00
Excised 450.8
54
ANNEX 19: Some Articles in the Kenya Newspapers Concerning the Country's Forests
1. COAST
• 7/1/96 - Elders furious over bore hole by hotelier in Kaya (desecration of grave
yard/shrine).
• 11/1/96 - Mr. Quentin Luke, Project Executant of Coastal Forest Conservation Union
(CFCU) says culture plays a leading role in conservation
• 24/1/96 - Green Belt Movement’s Maathai criticizes Chief’s approval of borehole in
Kaya
• 15/2/96 - Chale Island (56 ha.) demarcation of 6.07 ha. by hotelier
• 20/2/96 - Spiritual leader sells 15 acres of sacred grove to road construction firm for
Ksh. 26,000
• 26/3/96 - Gado Forest, Kilifi: variety of products earned govt. Ksh450,000 in 1995.
Indigenous timber Ksh112,711. 78,022 various seedlings produced.
• 13/7/96 - Legal notice # 150 of 5/7/96 gazettes Kaya Fungo (204 ha.), Kaya Kauma
(74.8 ha.) and Kaya Chivara (86.6 ha.)
• 7/4/97 - Allocations of beach plots in Funzi, Makaso, Bodo islands. Mangrove forests
protected by gazette notice No. 174 (20/5/64) which states for such areas to be
diverted to other uses they must be degazetted. But documents show that since 1995,
title deeds have been granted to senior govt. Officials, MPs, councillors, and
individuals for Shimoni Settlement Scheme.
• 4/6/97 - Fencing of 20ha Kaya Diani Forest stalled. Funds not released. Elders were
provided with poles and nails. Unit apparently being sued by Mellbros Ltd for
interfering with their prop. Last year land allocated to private developer on Funzi
island.
• 17/6/97 - 26a of sacred forest land on Chale island, Kinondo location, Kwale, sold to
private developers.
• 18/6/97 - islands (Funzi, Wasini, Bodo, Godo, Sombohill). Innocent individuals
arrested. Real culprits commercial & merchants. – Gazette No. 2444, Malindi 5, Kilifi
1, and Kaya Mtswakara, May 16 t h made monuments
• 4/7/97 - Moi in 1993, issued pass for allocation of Karararchi Mpenda Kula Forests for
squatters. Threats to invade by Roka, Kilifi residents.
• 29/7/97 - Launch by Police & Forest gaurds in Kwale to protect from logging
• 16/9/97 - Govt. No intention to degazette Mida Mangrove in Malindi. People will be
prosecuted.
• 16/1/98 - 3 kaya forests gazetted (No.2442). 204ha Kaya Fungo, 74ha Kauma in
Mwapula & 86ha Chivara Vyumbani.
• 17/2/98 - Mangrove clearing in Gongoni, Malindi defended for salt farms. Envs. Say
salt farms will turn well water saline.
• 23/4/98 Waste dumping by hotels and increased encroachment threatening Kwale.
Msambweni (not gazetted.)
• 7/5/98 - Degazette notice of Kaya Tiwi (10h) withdrawn. Gazette notice No. 1759
(April 9)
• 25/7/98 - Kayas misused as hideouts for bandits.
• 27/10/98 - 300 squatter families in Madungani forest Malindi to be evicted.
• 31/10/98 - Kaya mudzi Muvya , Chonyi in Kilifi and Lunguma in Kwale gazzetted.
• 31/12/98 - Elders, Kanu officials, residents Kwale told govt to remove corrupt officials
in FD.
• 8/1/99 - Movement of timber and logs banned in Kwale.
• 13/1/99 - Kwale Forest known for hardwood Mvule trees. Destruction prevalent.
Forest officials colluding with illegal timber poachers.
• 16/1/99 - Leakey singles out Kwale esp. Shimba Hills for being destroyed. KWS
intercepted 10tonnes of Mvule taken from Mwele Forest, Shimba.
• 20/1/99 - KWS and locals still asking govt. to intervene in Kwale.
• 28/1/99 - 100s of trees may have been lost after people invade 2 Kayas in Kwale.
55
• 3/2/99 - Kaya Mtswakara & Gandini; rumour that Kayas sold to foreigner incited locals
to invade. CFCU says destruction immense.
• 3/3/99 - Malindi councillors urge govt. to prevent remaining 200a of Madunguni
forest from squatters. Water catchment area. 300 of total 500a already destroyed.
Provincial admin. Ignores pleas. > 20,000 mature trees (rare species) destroyed and
large farms created.
• - Chief sack elders employed by National Museums to protect Kaya Mtswakara
(247.86ha). 4 people arrested last month for felling but are threatening elders. Elders
demand chief be arrested. Elders claim invasion promoted by local leaders
• 20/3/99 - 2 officials disagree over claims that a Kanu leader has promoted destruction
of forests and kayas.
• 24/3/99 - Kaya dispute between Museums and Locals, Samburu Division, Kwale
District.
56
• 19/3/98 - Govt. has stopped human settlement in all Kaya forests in Kilifi.
KFWG Minute 450/3/99:
57
• Minister of Natural Resources agreed to gazette an extension of Madunguni Forest
which falls under the Malindi Municipal Council. Only possible if the relevant
minutes from the Malindi Municipal Council requesting the gazettement is sent to
him.
• Members agreed that the Secretariat should do a letter to Malindi Municipal Council
supporting the gazettement
3. Ngong Forest
• 3/1/96 - Ngong Road Forest Sanctuary Trust (1992). Problems: felling, debarking,
quarrying, opening roads, garbage dumping. Govt. constantly postpone meetings to
act on setting sanctuary with NRST. Increased deforestation. Excision for KBC,
“superflous...transferred to Senior Cabinet Minister, Kiambu Kanu Official.
• 14/6/97 - 82ha excised for “unspecified purposes” (ref. Gazette 6/6/96)
• 22/2/97 - Karen-Langata District Association writes to Kosgey to rescind decision to
excise or face court action.
• 1/9/97 - KLDA okayed to contest allocation of 6ha @ Karen to bzzman. NB. President
had approved on 31/10/95.
• 22/2/98 - KLDA threatens to take govt. if it plans to excise. Gazette notice on Jan 23 r d
to excise 53.68ha.
• 15/10/98 - Residents plan to sue private miners (basis: air &noise pollution). Lawyer
Anthony Gross. Getting names of liscencees impossible. All efforts hitherto hopeless.
• 1/11/98 - NRFS vice chairman Imre I.J. Loefler claims land grabbing in ‘high gear’.
Only 8 guards to protect 1,286ha.
• 6/2/99 - Fire destroys parts of Ngong. Probably started by honey hunters.
• Illegal felling. Neighbours claim to see 3 lorries a day leaving.
• Mukuyu tree being cut for wood carving.
• 10/3/99 - Govt. allocates 300a of Ngong Forest.
4. Aberdares Forest
• 6/1/99 - Aberdare forest endangered
• 14/1/99 - DC sides with loggers in Aberdare.
• 19/3/99 - Illegal intercropping of Marijuana and logging threatening Aberdare Forest.
• 27/3/99 - Water catchment for Nairobi, North Eastern, Eastern and Coast Province
5. General
• 19/1/96 - Forest Policy expected by April’96 (already Cabinet approval obtained). FD
Dir. Patrick Mungala states
• 20/2/96 - Forestry Officer in charge of Hamisi Div, Vihiga Dist. Interdicted for clousio
with villagers to destroy govt. forests
• 26/2/96 - Karura Forest Rangers shoot man and assualt 15 employees of timber factory
• 27/2//96 - self defence claimed on Karura incident. PS Minister of Natural
Resources,says rangers authorised to use firearms in protected forests
• 18/3/96 - 200ha of forests in Rift Valley lost to fires in 1995 claims Provincial Forest
officer
• 20/3/96 - Since 1986, KFRI has embarked on Social Forestry (planting of small
holdings of trees to ease pressure on natural forests)
• 23/3/96 - Approx. 200 squatters evicted from Govt. Forest in Keiyo Dist by DC
• 2/4/96 - Brit Govt. launches Ksh70million project by promoting use of plantation
grown timber.
• 11/4/96 - AgroForestry mitigates land degradation and soil quality deterioration. KFRI
Principal, DR. D Nyamai states
• 17/4/96 - KWS sends security personnel to Bonjoge forest, Nandi Dist following
discovery of Bangi plantation
58
• Cherengani Hills Forests threatened by 1000 squatters. AM Lands and Settlement
states
• 23/4/96 - President Bans use of power saws in Molo, Londiani and surrounding areas
• 24/4/96 - A Rift Valley PC says Molo Area of Mau Forests under serious threat after
area survey.
• 25/4/96 - New forest policy to replace 28 yr old plan of action
59
• 23/10/98 - Several hundred ha in Kiambu, Mt. Kenya, and Maramanet to be de-
gazetted. Minister to degazette 796.04ha, Plot No. LR22724. 56.87ha also to be
degazetted, PLOT NO. LR21177. 51ha in Plot No. 265 in Nyahururu. (Kenya Gazette
notice 23/10/98).
• 29/10/98 - Minister from Natural Resources denies destruction of ElgonTeek in
Mt.Kenya Forests. MP Gitobu Imamayara says that 3,000a of forest being lost to
illegal activities annually in Mt. Kenya.
• 30/10/98 - The US Ambassador, P. Bushnell denies Karura Forest allocation to
embassy.
• 5/11/98 - govt. discussing possibility of privatising forest plantations.
• 22/1/99 - 1,000 Dorobos to be settled on degazetted part of Mt. Elgon forest
• 27/1/99 - Camphor wood almost depleted on Mt. Kenya forest.
• 17/2/99 - River Karou drying up due to Kiunguni Hill Forest degradation in Tharaka
District.
• 24/2/99 - Hundreds of acres of Kiamweri Forest degraded by cultivators, Nyadrua
District.
• 3/3/99 - 300a of Machungini Forest degraded.
• 11/3/99 - Mau Forest in Nakuru District degraded according to FAN
• 18/3/99 - 800ha of Mt. Kenya Forest degraded by Charcoal burners
• 28/3/99 - Mt.Elgon Forests: Raiplywood lorries detained by authorities
• 14/4/99 - Karima Hill Forest, Nyeri District being destroyed.
• 20/4/99 - Mt Elgon, Bunyala, and Maragoli Forests Western Provinces, Dos and
Timber Merchants colluding to poach Teak and Mvule Hardwoods.
• 24/4/99 - Quarrying going on in Ololua Forest
• 29/4/99 - 70,919a of Mukogondo Forests in Laikipia Districts given to ranchers
60
ANNEX 20: Fact files on select forests
Kakamega
Forest officially covers 240kms square but only 40kms square are densely forested,
largely because of clear felling for plantations;
Biodiversity: 380 species of flora, 330 species of birds, variety of mammals including 11
species of primates. Up to 20% of Kakamega’s animal species are found nowhere else in
Kenya;
Resource: local people collect medicinal plants, honey, firewood, building material and
water
It is estimated that the forest could be completely destroyed within 20 years.
• Cattle grazing
• encroachment
61
• faces mass erosion
62