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2021-06-16T09:53:13Z
Wildlife Conservation and Management Act, Kenya 2013.pdf
:

SPECIAL ISSUE

Kenya Gazette Supplement No. 18/ (Acts No. 47)

REPUBLIC OF KENYA

KENYA GAZETTE SUPPLEMENT

ACTS, 2013

NAIROBI, 27th December, 2013

CONTENT

Act—
PAGE

The Wildlife Conservation and Management Act, 2013 1235

C FOR LAW REPC:RTNC

PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER, NAIROBI


1235
2013 Wildlife Conservation and Management No. 47

THE WILDLIFE CONSERVATION AND
MANAGEMENT ACT, 2013

No. 47 of 2013

Date of Assent: 24th December, 2013

Date of Commencement: 10th January, 2014

Section

PART I—PRELIMINARY

1—Short title.
2—Application.
3 —Interpretation.
4—General principles.
5—National wildlife conservation and management

strategy.

PART II—ESTABLISHMENT OF THE SERVICE
6—Kenya Wildlife Service.
7—Functions of the Service.
8—Board of Trustees.
9—Functions and powers of the Board of Trustees.
10—Meetings of the Board of Trustees.
11— Appointment of the Director-General.
12—Officers of the Service.
13—Establishment of offices.

PART III—FINANCIAL PROVISIONS
14— Sources of funds of the Service.
15—Financial year.
16—Annual estimates.
17—Accounts and audit.


1236

No. 47 Wildlife Conservation and Management 2013

PART IV— THE WILDLIFE REGULATION
MECHANISMS

18— Wildlife Conservation and Compensation
Committees.

19— County Wildlife Conservation and Compensation
Committees.

20— Committee may invite experts.
21—Remuneration of Committee members.
22—Bio-prospecting.

PART V—ESTABLISHMENT OF WILDLIFE
ENDOWMENT FUND

23—The Wildlife Endowment Fund.
24—The Wildlife Compensation Scheme.

Compensation
25— Compensation for personal injury or death or damage

to property.

PART VI—CONSERVATION, PROTECTION AND
MANAGEMENT

26—Environment law to apply.
27—No exemption from environment law to be granted.
28—Water Act to apply.
29—Requirement for sustainable use.
30—Prohibition.
31— Declaration of protected areas.
32—Declaration of a national park.
33—Conservation and management of wetlands.


1237
2013 Wildlife Conservation and Management
34—Variation of boundaries or revocation of a national

park or a marine protected area.
35— Declaration of a national reserve.
36— Declaration of a marine conservation area.
37—Variation of boundaries or revocation of a national reserve.
38—Exchange of part of a national park.
39—Establishment of conservancy or sanctuary.
40—Community wildlife associations and wildlife

managers.
41—Functions of community wildlife associations and

wildlife managers.
42—Donations and bequests.
43—Standards of management.
44—Management plans.
45—Consent for mining and quarrying.
4.6—Protection of endangered and threatened ecosystems.
47—Endangered and threatened species.
48—Restricted activities involving listed species.
49—Species recovery plans.

PART WI—ESTABLISHMENT OF THE WILDLIFE
RESEARCH AND TRAINING INSTITUTE

50—Establishment of the Wildlife Research and Training
Institute.

51—Object and purpose of the Institute.
52 —Functions of the Institute.
53 —Board of the Institute.
54 —Tenure and vacation of office.
55— Conduct of the meetings of the Board of the Institute.
56— Disclosure of interest.
57 —Delegation of functions.

No. 47


1238

No. 47 Wildlife Conservation and Management
201.

58 —Appointment of the Director and other staff.
59— Research permit.
60—Establishment of wildlife data- base.
61 —Director to have access to public records etc.
62— Access to wildlife data.
63 —Funds of the Institute.
64 —Monitoring mechanisms.

PART VIII—CONSERVATION ORDERS,
EASEMENTS AND INCENTIVES

65—Conservation orders and easements.
66—Application for wildlife conservation orders and

easements.
67—Proceedings to enforce Wildlife Conservatioh orders

and Easements.
68—Registration of wildlife conservation orders and

easements.
69—Compensation for wildlife conservation orders and

easements.
70—Incentives and benefit sharing.
71—Right to reasonable access.
72—Sustainable utilization and exploitation.
73— Cabinet Secretary may make regulations.
74—Migration of wildlife.
75—Mutual co-existence.
76—Guidelines on incentives and benefit-sharing.

PART IX—HUMAN WILDLIFE CONFLICT

77—Problem animals.
78—Unlawful wounding of animals.


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2013 Wildlife Conservation and Management No. 47

PART X —LICENSING AND REGULATION

79—Licensing.
80—Wildlife user rights.
81—Assignment of wildlife user rights.
82—Withdrawal of wildlife user rights.
83—Government trophies.
84—Dealing in trophies.
85—Application for and issuance of a permit
86—Revocation of a permit.
87—Records and registration of permits and licenses.

PART XI —OFFENCES AND PENALTIES

88—Offences relating to management plans.
89—Offences relating to pollution.
90—Offences relating to conservation orders and

easements.
91—Offences relating to licenses and permits.
92—, Offences relating to endangered and threatened

species.
93—Offenses relating to invasive species.
94—Offences relating to flying aircraft in wildlife

conservation areas.
95—Offences relating to trophies and trophy dealing.
96—Offences relating to sport hunting.
97—Offences relating to subsistence hunting.
98—Offences relating to hunting for bush-meat trade.
99—Import and export of wildlife species.
100—Offences relating to compensation


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No. 47 Wildlife Conservation and Management 2013

101—Offences relating to failure comply with a lawful
order.

102—Breach of protected area regulations.
103—Offences by bodies corporate.
104—General provisions.
105—Forfeiture.
106—Commission of offense in the course of duty .
107—Prosecutorial powers.
108—Restraint of breaches of the Act.

PART XII—INTERNATIONAL TREATIES,
CONVENTIONS AND AGREEMENTS

109— International instruments, conventions and
agreements ratified by Kenya.

PART XIII —ENFORCEMENT AND COMPLIANCE

110—Powers of authorized officers.
111—Erection of a temporary barrier.
112—Use of firearms.

PART XIV —MISCELLANEOUS

113 —The common seal.
114—Protection from personal liability
115—Liability for damages.
116 — Regulations.
117 — Disputes.
118—Repeal of Cap.376.
119—Transitional Provisions.
FIRST SCHEDULE —PROVISIONS RELATING TO THE

CONDUCT OF BUSINESS AND


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2013 Wildlife Conservation and Management No. 47

AFFAIRS OF THE BOARD OF
TRUSTEES

SECOND SCHEDULE - —PART 1: PROVISIONS RELATING TO
THE OFFICERS OF THE SERVICE

THIRD SCHEDULE —WILDLIFE SPECIES IN RESPECT OF

FOURTH SCHEDULE

FIFTH SCHEDULE

SIXTH SCHEDULE

SEVENTH SCHEDULE

EIGHTH SCHEDULE

NINTH SCHEDULE

WHICH COMPENSATION MAY BE
PAID

—PROVISIONS AS TO PUBLIC
CONSULTATION

—MANAGEMENT PIANS

—NATIONALLY LISTED CRITICALLY
ENDANGERED, VULNERABLE,
NEARLY THREATENED AND
PROTECTED SPECIES

—NATIONAL LIST OF INVASIVE
SPECIES

—CONSUMPTIVE WILDLIFE
UTILISATION

—WILDLIFE CATEGORIES IN
RELATION TO OFFENCES AND
PENALTIES IN SPORT AND
RECREATIONAL HUNTING

TENTH SCHEDULE — WILDLIFE SPECIES FOR WHICH GAME
FARMING MAY BE ALLOWED

ELEVENTH SCHEDULE —NATIONAL PARKS, MARINE
PROTECTED AREAS AND
SANCTUARIES


1242
No. 47 Wildlife Conservation and Management 2013

THE WILDLIFE CONSERVATION AND
MANAGEMENT ACT, 2013

AN ACT of Parliament to provide for the
protection, conservation, sustainable use and
management of wildlife in Kenya and for
connected purposes

Short title.

Application.

Interpretation.

ENACTED by the Parliament of Kenya, as follows

—PART I—PRELIMINARY

1. This Act may be cited as the Wildlife
Conservation and Management Act, 2013.

2. This Act shall apply to all wildlife
resources on public, community and private land, and
Kenya territorial waters.

3. (1) In this Act, unless the context
otherwise requires—

"aircraft" means any type of aeroplane, airship,
balloon or kite, whether captive, navigable or free, and
whether controlled or directed by human agency or not;

"alien species" means a species that is not indigenous
to Kenya or an indigenous species translocated to a place
outside its natural distribution range in nature and which in
its natural habitat is usually found in nature;

"animal" means any species or the young or egg
thereof, but does not include a human being or any animal
which is commonly considered to be a domestic animal or
the young or egg thereof;

"authorized officer" includes a member of, the
Service, a forest officer, a fisheries officer, a police officer,
a customs officer, an administrative officer, or any person
so designated under this Act;

"biodiversity" means the variability among living
organisms from all sources including ecosystems and the


1243
2013 Wildlife Conservation and Management


No. 47

ecological complexes of which they are a part, compassing
ecosystem, species and genetic diversity;

"biological resources" includes genetic resources,
organisms or parts thereof, populations, or any other biotic
component of ecosystems with actual or potential use or
value for humanity;

"bio-piracy" means the exploration of biological
resources without the knowledge and_non-coercive
prior consent of the owners of the resources and
without fair compensation and benefit sharing;

"kilo-prospecting" means the exploration of
biodiversity for commercially valuable genetic and
biochemical resources;

"biotechnology" means any technological application
that uses biological systems, living organisms, or
derivatives thereof, to make or modify products or
processes for specific use;

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

"capture" includes any act immediately directed at the
taking alive of wildlife or the taking of nests, eggs or
young of any wildlife;

"community" means a group of individuals or families
who share a common heritage, interest, or stake in
unidentifiable land, land based resources or benefits that
may derived therefrom;

"community wildlife association" refers to an
association established under the provisions of this Act;

"community wildlife scout" means a person
appointed as such under this Act;

"competent authority" means-

(a) in relation to public land, the National Land
Commission;


1244

No. 47 Wildlife Conservation and Management 2013
(b) in relation to any other land, the owner thereof or

the person for the time being entitled to the use,
rents and profits thereof;

"conservation area" means a tract of land, lake or
sea with notable environmental, natural features, biological
diversity, cultural heritage, or historical importance that is
protected by law against undesirable changes;

"conservation order" means a wildlife conservation
order issued under section 65 of this Act.

"corridor" means an areas used by wild animals
when Migrating from one part of the ecosystem to another
periodically;

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

"cropping" means harvesting of wildlife for a range
of products;

"culling" means selective removal of wildlife based
on ecological scientific principles for management
purposes;

"dealer" means any person who, in the ordinary
course of any business or trade carried on by him, whether
on his own behalf or on behalf of any other person-

(a) sells, purchases, barters or otherwise in
any manner deals with any trophy; or

(b) cuts, carves, polishes, preserves, cleans,
mounts or otherwise prepares any trophy;
or

(c) transports or conveys any trophy;

"Department" means the State Department for the
time being responsible for matters relating to wildlife;

"devolution" means the transfer of rights, authority


1245
2013 Wildlife Conservation and Management No. 47
and responsibilities by the national wildlife agencies to the
local delimited geographic and functional domains;

"Director-General" means the Director-General of
the Service appointed under section 11;

"dispersal" areas means areas adjacent to or
surrounding protected wildlife conservancies and
sanctuaries into which wild animals move during some
periods of the year.

"domestic animal" includes any dog, sheep, pig,
goat, cat, guinea pig, donkey, horse, camel, European
rabbit, bull, cow, ox, ram or the young of such animal;

"domestic bird" means any chicken, duck, goose,
turkey, rock pigeon, or the eggs or young thereof;

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

"endangered ecosystem" means an ecosystem of
exceptional biodiversity value or a habitat of endangered or
endemic species which has undergone severe degradation;

"endangered species" means any wildlife specified
in the Fourth Schedule of this Act or declared as such by
any )ther written law or any wildlife specified in
Appendices of the Convention on International Trade in
Endangered Species of Wild Fauna and Flora (CITES);

"endemic species" means species of plants or
animals that are found only in Kenya or in only one
locality in Kenya,-and not in any other place;

"environment impact assessment" has the meaning
assigned to it under the Environmental Management and
Co-ordination Act, 1999;

"ex-situ conservation" means conservation outside
the natural ecosystem and habitat of the biological
organism;


1246

No. 47 Wildlife Conservation and .1knagement 2013

"forest officer" shall have the meaning assigned to it
under the Forests Act. 2005;

No. 8 of 1999.

-game farming" means the rearing of wildlife in an
enclosed and controlled environment for wildlife
'conservation. trade and recreation;

"game ranching" means the keeping of wildlife
under natural extensive conditions with the intention of
engaging in wildlife conservation, recreation and trade;

government trophy" means a trophy declared to be
a Government trophy by or under the provisions of this
Act;

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

"harvesting" means the felling, trimming, docking,
splitting, debarking, extracting or uprooting of any plant or
plant substance;

"hazardous substance" means any chemical, waste,
gas, medicine, drug, plant, animal or micro-organism
which is likely to be injurious to human health or the
environment;

"honorary warden" means a honorary warden
appointed by The Cabinet Secretary under section 12(5);

"hunt" means and includes—

(a) to kill, injure, shoot at;

(b) wilfully disturb or molest by any method;

(c) lie in wait for, or search for, with intent to
kill, injure or shoot at, molest a nest or eggs
of, any wild animal;

"in-situ con servation" means conservation withip the


1247
2013 Wildlife Conservation and Management No. 47
natural ecosystem and habitat of the biological organism;

"Inspector-General of Police" means Inspector-
General within the meaning of the National Police Service
Act;

No.11A of 2011

"inter-generational" means the conscious endeavour
by the present generation, in the exercise of its right to
beneficial use of wildlife resources, to enhance and
maintain them for the benefit of future generations;

"infra-generational equity" means the right of the /
people within the present generation to benefit equitably
from the exploitation of wildlife resources;

"invasive species" means a non-indigenous species
trans-located to a place outside its natural distribution range
in nature and which dominates other indigenous species or
takes over the habitat;

"land" has the meaning assigned to it by the
Constitution of Kenya;

"licensing officer" means a person appointed by the
Cabinet Secretary, by notice in the Gazette, to be a
licensing officer for the purposes of this Act;

"marine park" means a protected marine area where
no fishing, construction work or any disturbance is allowed
unless with written permission of the Director-General;

"marine protected area" means any park or reserve
covering the area of intertidal or sub-tidal terrain, together
with its overlying water and associated flora, fauna,
historical and cultural features, which has been reserved by
law, and includes any dry land found within the gazetted
boundary;

"marine reserve" means a marine protected area
where subsistence fishing is permitted;

"meat" means the fat, flesh or tissue of any wild
species whether fresh or dry, pickled or otherwise
preserved or processed;,


1248
No. 47 Wildlife Conservation and Management 2013

"member" of the uniformed and disciplined cadre
means a member of the Service holding any of the ranks
specified in paragraph 1(2)(a) Part 1 of the Second
Schedule;

"motor vehicle" includes a vehicle of the type
commonly known as a hovercraft;

"multilateral environmental agreement" means an
agreement involving three or more parties regarding
sustainable environmental management;

"National Land Commission" means the
Commission established under Article 67 of the
Constitution;

"national park" means an area of land and/or sea
especially dedicated to the protection and maintenance of
biological diversity, and of natural and associated cultural
resources, and managed through legal or other effective
means;

"national reserve" means an area of community land
declared to be a national reserve under this Act or under
any other applicable written law;

"poaching" means illegal hunting, illegal capturing
and illegal harvesting of any wildlife but does not include
the control of species widely and commonly regarded as
pests or vermin, as listed in a schedule of this Act;

"problem animal" means any wildlife which has
caused or is causing damage to or harm to huriian life or
property;

"protected area" means a clearly defined
geographical space, recognized, dedicated and managed
through legal or other effective means, to achieve long-
term conservation of nature with associated ecosystem
services and cultural values;

"public participation" means active involvement by
the citizenry in decision making processes through, inter
alia, use of the national media, relevant consultative
mechanisms and public hearings;


1249
2013 Wildlife Conservation and Management No. 47

"ranger" means a member of the Service in the
uniformed and disciplined cadre and includes corporal,
sergeant, senior sergeant and sergeant major;

"sanctuary" means an area of land or of land and
water set aside and maintained by government,
community, individual or private entity for the
conservation and protection of one or more species of
wildlife;

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

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

"sport hunting" means authorized pursuit and
killing of wildlife for recreation and trophy collection;

"sustainable use" means present use of the wildlife
resources, which does not compromise the use of the
same by future generations or degrade the carrying
capacity of wildlife ecosystems and habitats;

"sustainable management" in relation to wildlife,
means management of wildlife resources so as to permit
only such use of it as constitutes sustainable use;

"threatened ecosystem" means an ecosystem of
high biodiversity value or habitat of endangered or
endemic species that is under threat of degradation;

"threatened species" means any wildlife species
specified in the Fourth Schedule to this Act or declared
as such under any other written law or specified in
Appendices of the Convention on International Trade in
Endangered Species of Wild Fauna and Flora (CITES);

"trans-frontier/trans-boundary conservation area'
means the area or component of a large ecological region
that straddles the boundaries of two or more countries,
encompassing one or more protected areas, as well as
multiple resource use areas;

"trophy" means any wild species alive or dead and


1250
No. 47 Wildlife Conservation and Management 2013

any bone, claw, egg, feather, hair, hoof, skin, tooth, tusk
or other durable portion whatsoever of that animal
whether processed, added to or changed by the work of
man or not, which is recognizable as such;

"Warden" means an officer of the Service above the
rank of Sergeant Major;

"weapon" means a tool, implement, firearm,
#m munition or any item that may be used to injure or kill
/a/in/lid animal for any reason;

"wetlands" means areas of marsh, fen, peat land, or
water, whether natural or artificial, permanent or
temporary, with water is static or flowing, fresh,
bi4ckish, salt, including areas of marine water the depth
of which does not exceed six meters at low tide;

"wildlife" means any wild and indigenous animal,
plant or microorganism or parts thereof within its
constituent habitat or ecosystem on land or in water, as
well as species that have been introduced into or
established in Kenya;

"wildlife conservancy" means land set aside by an
individual landowner, body corporate, group of owners
or a community for purposes of wildlife conservation in
accordance with the provisions of this Act;

"wildlife conservation area" means a tract of land,
lake or sea that is protected by law for purposes of
wildlife and biological diversity conservation and may
include a national park, national reserve, game reserve or
sanctuary;

"wildlife manager" means any person registered
with the Service for the purpose of managing a wildlife
conservancy or sanctuary;

"wildlife user rights" includes user rights exercised
by an individual landowner, body corporate, group of
owners or a community under the provisions of the Act.

General principles. 4. The implementation of this Act shall be
guided by the following principles-


1251
2013 Wildlife Conservation and Management

(a) Wildlife conservation and management shall
be devolved, wherever possible and
appropriate to those owners and managers of
land where wildlife occurs;

(b) Conservation and management of wildlife
shall entail effective public participation;

(c) Wherever possible, the conservation and
management of wildlife shall be encouraged
using an ecosystem approach;

(d) Wildlife conservation and management shall
be encouraged and recognized as a form of
land use on public, community and private
land;

(e) Benefits of wildlife conservation shall be
derived by the land user in order to offset
costs and to ensure the value and management
of wildlife do not decline;

(f) Wildlife conservation and management shall
be exercised in accordance with the principles
of sustainable utilization to meet the benefits
of present and future generations;

(g) Benefits accruing from wildlife conservation
and management shall be enjoyed and
equitably shared by the people of Kenya.

5. (1) The Cabinet Secretary shall, subject
to subsection (5), formulate and publish in the Gazette a
national wildlife conservation and management strategy
at least once every five years, in accordance with which
wildlife resources shall be protected, conserved,
managed and regulated.

(2) The national wildlife conservation and
management strategy shall prescribe the principles,
objectives, standards, indicators, procedures and
incentives for the protection, conservation, management
sustainable utilization and control of wildlife resources
and shall, in particular prescribe—

(a) measures for the protection of wildlife
species and their habitats and ecosystems;

No. 47

National
wildlife
conservation
and
management
strategy.


1252
No. 47 Wildlife Conservation and Management 2013

(b) norms and standards for ecosystem-based
conservation plans;

(c) measures facilitating community-based
natural resources management practices in
wildlife conservation and management;

(d) priority areas for wildlife conservation and
projections on increasing designated wildlife
conservation areas in form of national parks,
national reserves, conservancies and
sanctuaries;

(e) innovative schemes and incentives to be
applied in securing identified critical wildlife
migratory routes, corridors and dispersal
areas for sustainable wildlife conservation
and management;

(0, clear targets indicating projection in terms of
specific percentage of landscape and
seascape to be brought under protected areas,
conservancies and sanctuaries over the next
five years;

(g) national wildlife research and monitoring
priorities and information systems,
including-

(i) research priorities;

(ii) the collection and management of
data and information regarding the
status of wildlife resources;

(iii) procedures for gathering wildlife
data and the analysis and


dissemination of wildlife
information,

(iv) wildlife management information
system;

(h) measures necessary to ensure equitable
sharing of benefits;

(i) guidelines for granting and monitoring
wildlife user rights;


1253
2013 Wildlife Conservation and Management

(j) criteria for listing and measures for protection
and management of endangered and
threatened species;

(k) innovative measures for mitigating human
wildlife conflict;

(1) framework for capacity development and
training for effective wildlife management;

(m) measures for wildlife disease surveillance
and control;

(n) adaptation and mitigation measures to avert
adverse impacts of climate change on
wildlife resources and its habitats;

(o) reflection on regional co-operation and
common approaches for enhancing protection,
conservation and management of shared
wildlife resources; and

(p) any other matter that the Cabinet Secretary
considers necessary to enhance protection,
conservation and management of wildlife,
resources in the country.

(3) The Cabinet Secretary shall periodically
review the national wildlife conservation and
management strategy and may, by notice in the Gazette,
publish a revised national wildlife conservation and
management strategy.

(4) The Cabinet Secretary and all relevant public
bodies shall, when exercising or performing any statutory
function, take into account and give effect to the national
wildlife conservation and management strategy.

(5) The Cabinet Secretary shall, when
formulating a national wildlife conservation and
management strategy under subsection (1), consult the
public in accordance with the Fourth Schedule.

No. 47


1254

No. 47 Wildlife Conservation and Management 2013

PART II-ESTABLISHMENT OF THE SERVICE

6. (1) There is established a Service to be known as
the Kenya Wildlife Service.

(2) The Service shall be a body corporate with
perpetual succession and a common seal and capable, in
its corporate name, of-

Kenya Wildlife
Service.

(a) suing and being sued;

(b) purchasing, holding and disposing of movable
and immovable property; and

(c) doing all such other things as may be done by
a body corporate.

(d) doing all such other things as may be done by
a body corporate.

7. The functions of the Service shall be to -

(a) conserve and manage national parks, wildlife
conservation areas, and sanctuaries under its
jurisdiction;

(b) provide security for wildlife and visitors in
national parks, wildlife conservation areas and
sanctuaries;

(c) set up a county wildlife conservation
committee in respect of each county;

(d) promote or undertake commercial and other
activities for the purpose of achieving
sustainable wildlife conservation;

(e) collect revenue and charges due to the national
government from wildlife and, as appropriate,
develop mechanisms for benefit sharing with
communities living in wildlife areas;

(f) develop mechanisms for benefit sharing with
communities living in wildlife areas;

Functions of the
Service.


1255
2013 Wildlife Conservation and Management No. 47

(g) advise the Cabinet Department on matters
pertaining to wildlife policy, strategy and
legislation.

(h) coordinate the preparation and implementation
of ecosystem plans;

(i) prepare and implement national park
management plans;

(j) assist and advise in the preparation of
management plans for community and private
wildlife conservancies and sanctuaries;

(k) undertake and conduct enforcement activities
such as anti- poaching operations, wildlife
protection, intelligence gathering,
investigations and other enforcement activities
for the effective carrying out of the provisions
of this Act;

(I) conduct and co-ordinate, all research activities
in the field of wildlife conservation and
management and ensure application of research
findings in conservation planning,
implementation and decision making;

(m)advise the National Land Commission, the
Cabinet Secretary and the Council on the
establishment of national parks, wildlife
conservancies and sanctuaries;

(n) promote and undertake extension service
programmes intended to enhance wildlife
conservation, education and training;

(o) identify user rights and advise the Cabinet
Secretary thereon;

(p) grant permits;

(c,) establish forensic laboratories;


1256
No. 47 Wildlife Conservation and Management 2013

(r) monitor the compliance of terms and
conditions of licences; and

(s) perform such other functions as the Board may
assign the Service or as are incidental or
conducive to the exercise by the Service of any
or all of the functions provided under this Act.

Board of Trustees. 8. (I) The Service shall be managed by a
Board of Trustees appointed under subsection (2).

(2) The members of the Board of Trustees shall
comprise-

(a) a chairperson appointed by the President:

(b) the Principal Secretary in the State Department
for the time being responsible for matters
relating to wildlife, or a designated
representative;

(c) the Principal Secretary in the State Department
for the time being responsible for finance, or a
designated representative;

(d) the Principal Secretary in the State Department
responsible for matters relating to county
governments or a designated representative;

(e) the Inspector-General of Police;

(f) four other persons appointed by the Cabinet
Secretary as follows -

(i) one representative from a national wildlife
conservation non-governmental
organization;

(ii) two representatives, who shall be of
opposite gender and from community
managed wildlife areas, nominated by an
umbrella wildlife conservancy body;


1257
2013 1 Mile Conservation and Management No. 47

(iii) one representative from privately-
managed wildlife areas;

(g) the Director-General of the Service, who shall be
the secretary to the Board of Trustees.

(3) A member appointed under subsection (2)(f)(ii)
shall be the vice-chairperson of the Board of Trustees.

(4) The Chairperson and members of the Board of
Trustees, other than ex-officio members, shall hold office
for a term of three years and shall be eligible for
appointment in accordance with subsection (2) for one
further term of three years.

(5) The Cabinet Secretary shall appoint one-third
of the members of the Board under subsection (2)(f) in a
staggered manner so that the respective expiry dates of
their terms shall fall at different times.

(6) There shall be paid to the chairperson and
members such remuneration, fees or allowances for
expenses as the Salaries and Remuneration Commission
may determine.


9. The functions of the Board of Trustees
shall be to-

(a) oversee the effective implementation of the
national wildlife policy;

(b) approve the strategic plans operational policies
and capital and recurrent budget of the Service,
and

(c) perform such other functions as may be necessary
for the fulfilment of its mandate under this Act.


10. The provisions of the First Schedule shall
have effect with respect to the procedure at the meetings
of the Board of Trustees.


11. (1) There shall be a Director-General of
the Service appointed by the Cabinet Secretary in
consultation with the Board.

Functions and
powers of the
Board of Trustees.

Meetings of the
Board of Trustees.

Appointment of
the Director-
General.


1258

No. 47 Wildlife Conservation and Management 2013

(2) The Director-General shall hold office for a
term of three years and shall be eligible for selection for
one further term of three years.

(3) The Director-General shall be the chief executive
officer of the Service and shall be responsible to the
Board of Trustees for the day to day management of the
affairs of the Service.

(4) A person shall qualify for appointment as a
Director-General if the person—

(a) holds a minimum qualification of a post-
graduate degree in a relevant field, from
a university recognized in Kenya;

(b) has at least fifteen years' working
experience in a relevant profession; and

(c) meets the requirements of Chapter Six of
the Constitution.

Officers of the 12. (1) The Board of Trustees may, on such
Service. terms and conditions as it deems fit, appoint-

(a) such uniformed and disciplined officers of
the ranks specified in paragraph 1(2)(a) (i) of
Part 1 of the Second Schedule;

(b) stiQh officers of the Service as are specified in
paragraph 1(2)(b) of Part 1 of the Second
Schedule.

(2) Every person appointed under subparagraph (a)
of subsection (1) shall take and subscribe to the oath of
allegiance as set out in Part II of the Second Schedule.

(3) The provisions of Part I of the Second Schedule
shall have effect with respect to the officers of the
Service.

(4) The Board shall provide for a staff
superannuation scheme.


1259
2013 Wildlife Conservation and Management

(5) The Cabinet Secretary may, on the
recommendation of the Board of Trustees appoint
suitable persons to be honorary wardens for the purposes
of assisting in the carrying out of the provisions of this
Act.

(6) The Board of Trustees may appoint persons
from communities living in wildlife areas to undertake
wildlife protection activities for the effective carrying out
of the provisions of this Act.

13. The Service may establish such offices as
it may deem appropriate for the exercise and
performance of its powers an1/41 functions.

No. 47

Establishment of
offices.

III — FINANCIAL PROVISIONS


14. The funds of the Service shall comprise Sources of funds
of
of the Service.

(a) such moneys as may be approved and allocated to
the Service by the National Assembly as part of
the budget process;

(b) such moneys or proceeds from investments as
may vest in the Service from the performance of
its duties; and

(c) any sums lent or donated to the service revenue
from joint partnerships on bio-prospecting.


15. The financial year of the Service shall be Financial year
the period of twelve months ending on the thirtieth of
June in each year.


16. (1) At least three months before the Annual estimates
commencement of each financial year, the Board or
Trustees shall cause to be prepared estimates of revenue
and expenditure of the Service for the ensuing year.

(2) The annual estimates shall make provision for the
estimated expenditure of the Service for the financial


1260
No. 47 Wildlife Conservation and Management 2013

year, and in particular, the estimates shall provide for -

(a) payment of salaries, allowances, pensions,
gratuities and other charges in respect of the staff
of the Service, regional wildlife conservation area
committees and community wildlife scouts;

(b) payment of salaries, allowances, pensions,
gratuities and other charges in respect of the
county wildlife conservation and compensation
committees, as the case may be;

(c) payment of allowances in respect of the County
Wildlife Conservation and Compensation
Committees;

(d) the proper maintenance of the buildings and
grounds of the Service;

(e) the maintenance, repair and replacement of the
equipment and other property of the Service; and

(d) the creation of such reserve funds as the Service
may deem appropriate to meet the recurrent
expenditure and contingent liabilities of the
Service.
(3) The members of the County Wildlife

Conservation and Compensation Committee shall be paid
such allowances as may be approved by the Cabinet
Secretary on the advice of the Salaries and Remuneration
Commission.

Accounts and
audit.

(4) The annual estimates shall be approved by the
Board before the commencement of the financial year to
which they relate and shall be submitted to the Cabinet
Secretary for approval with the concurrence of the
National Treasury, and thereafter the Board shall not
increase the annual estimates without the consent of the
Cabinet Secretary.

17. (1) The Service shall cause to be kept all
proper books and other records of accounts of the
income, expenditure and assets of the Service.

(2) Within a period of three months from the end of
each financial year, the Service shall submit to the
Auditor-General or an auditor appointed under


1261
2013 Wildlife Conservation and Management No. 47
subsection (3), the accounts of the Service in respect of
that year together with:-

(a) a statement of the income and expenditure of the
Service or the Wildlife Endowment Fund during
the year; and

(b) a statement of the assets and liabilities of the
Service or the Wildlife Endowment Fund on the
last day of the year.

(3) The accounts of the Service and the Funds shall be
audited in accordance with the Public Finance No.8 of 2012.
Management Act, 2012.

PART IV – THE WILDLIFE REGULATION
MECHANISMS

18. Each county shall have a County Wildlife
Conservation and Compensation Committee, which shall
consist of —

(a) a chairperson appointed by the Cabinet
Secretary through a competitive process,
who shall have at least five years
experience in wildlife conservation and
management;

(b) a representative of the county
government;

(c) an agricultural officer based in the county;
(d) a land use planning officer responsible for

the county;
(e) a livpstock officer responsible for the

county;

(0 the officer of the Service for the county
who shall be the secretary;

(g) four persons not being public officers
knowledgeable in wildlife matters and
nominated by the community wildlife
associations within the area through an
elective process;

County Wildlife
Conservation
and
Compensation
Committees.


1262

No. 47 Wildlife Conservation and Management 2013

(h) a medical officer for health for the county;
and

Functions of
County Wildh.e
Conservation and
Compensation
Committees.

(i) the officer in-charge of the county police
matters; and

(j) the county environment officer.

19. The functions of the County Wildlife
Conservation and Compensation Committee shall be to-

(a) implement the registration and
establishment of wildlife user rights as
provided for under this Act;

(b) oversee the preparation and
implementation of management plans on
community and private land under the
provisions of this Act;

(c) ensure that benefits derived from the use
of wildlife resources are distributed in
accordance with the provisions of this
Act;

(d) bring together all relevant stakeholders
within the county to actively harness their
participation in the planning and


implementation of projects and
programmes related to the protection,
conservation and management of wildlife
resources in the county;

(e) review and make appropriate
recommendations on ecosystem based
management plans produced by the
Service;

(f) participate at the county level in land use
planning initiatives and in consultation
with all relevant stakeholders with
particular regard to critical wildlife
habitats, corridors and dispersal areas for
the better management and conservation
of wildlife:


1263
2013 Wildlife Conservation and Management No. 47

(g) monitor the implementation of
management plans for any relevant
national park in collaboration with the
Service;

(h) develop and implement, in collaboration
with community wildlife associations,
mechanisms for mitigation of human
wildlife conflict;

(i) review and recommend claims resulting
from loss or damage caused by wildlife
for payment of compensation;

(j) undertake education, extension services
and public awareness; and

(k) perform such other functions as the
Service may require or delegate to it.

20. The County Wildlife Conservation and
Compensation Committee may invite experts who are not
members of the Committee to attend meetings of the
committee and take part in its deliberations but such
experts shall not have voting powers.

Committee may
invite experts.

21. A member of the County Wildlife
Conservation and Compensation Committee shall be
entitled to be paid such allowances as the Salaries and
Remuneration Commission may determine.

22. (1) No person may, without a permit from
the Cabinet Secretary on the advice of the Service—

(a) engage in bio-prospecting involving any wildlife
resources; or

(b) export from Kenya any wildlife resources for the
purpose of bio-prospecting or any other kind of
research.

(2) Any person desirous of undertaking bio-
prospecting involving any wildlife resources may apply to
the Authority for a permit in a prescribed format and on
payment of prescribed fees.

Remuneration of
Committee
members.

Bio-prospecting.


1264
No. 47 Wildlife Conservation and Management 2013

(3) The Authority shall in reviewing the application
ensure that any interests of the following stakeholders may
have in the proposed bio-prospecting are protected-

(a) a person, including a public or private organization
or institution or community, providing or giving
access to the wildlife resource to which application
relates;

(b) a community-
(i) whose traditional uses of the wildlife

resources to which the application relates
have initiated or will contribute to or form
part of the proposed bio-prospecting; and

(ii)whose knowledge of or discoveries about the
wildlife resource to which the application
relates are to be used for the proposed bio-
prospecting.

(4) The Service may, upon approval by the Cabinet
Secretary, where a stakeholder has an interest as set out in
subsection (3)(a) of this section, issue a permit only if-

(a) the applicant has disclosed all material information
relating to the relevant bio-prospecting to the
stakeholder and on the basis of that disclosure has
obtained the prior consent of the stakeholders for
the provision of or access to such resources;

(b) the applicant and the stakeholder have entered into-
(i) a material transfer agreement that regulates the

provision of or access to such resources; and

(ii) a benefit-sharing agreement that provides for
sharing by the stakeholders in any future
benefits that may be derived from the relevant
bio-prospecting.

(5) The Service may, upon approval by the Cabinet
Secretary, where a community has an interest as set out in
subsection (3)(b) of this section, issue a permit only if-

(a) the applicant has disclosed all material information
relating to the relevant bio-prospecting to the


1265
2013 Wildlife Conservation and Management No. 47

community and on the basis of that disclosure has
obtained the prior consent of the community to use
any of the stockholder's discoveries about the
indigenous wildlife resources for the proposed bio-
prospecting; and

(b) the applicant and the community have entered into
a benefit-sharing agreement that provides for
sharing by the community in any future benefits
that may be derived from the relevant bio-
prospecting.

(6) The Service shall, in all bio-prospecting involving
any wildlife resources, be a joint partner on behalf of the
people of Kenya.

(7) The Cabinet Secretary shall, on the
recommendation of the Service, require that a particular per
centum of the procqds from the bio-prospecting is
contributed to the Wildlife Endowment Fund established
under the provisions of this Act.

(8) The Cabinet Secretary may, on recommendation
of the Service, by notice in the Gazette, promulgate rules,
regulations and guidelines as are necessary and appropriate
to carry out the purposes of this section.

(9) Any person who contravenes any provisions of
this section or the rules made there-under commits an
offence.

PART V--ESTABLISHMENT OF WILDLIFE
ENDOWMENT FUND

23. (1) The Service shall establish a Wildlife
Endowment Fund and which shall be vested in the Board
of Trustees.

(2) There shall be paid into the Endowment Fund —

(a) moneys appropriated by Parliament for purposes
of the Endowment Fund;

(b) a proportion of such moneys as may be levied for
payment of environmental services by beneficiaries
in productive and service sectors as a contribution

The Wildlife
Endowment Fund.


1266

No. 47 Wildlife Conservation and Management 2013

towards the Endowment Fund as the Cabinet
Secretary may, upon the recommendation of the
Service, determine;

(c) income from investments made by the Board of
Trustees of the Endowment Fund; and such grants,
donations, bequests or other gifts as may be made
to the Endowment Fund; and

(d) such grants, donations, bequests or other gifts as
may be made to the Endowment Fund.

(3) The functions of the Wildlife Endowment Fund
shall be to-

The Wildlife
Compensation
Scheme.

(a) develop wildlife conservation initiatives;

(b) manage and restore protected areas and
conservancies;

(c) protect endangered species, habitats and
ecosystems;

(d) support wildlife security operations;

(e) facilitate community based wildlife
initiatives; and

(f) such other purposes as may be provided
for by rules made under this Act.

24. The Government shall establish a Wildlife
Compensation Scheme that shall consist of—

(a) monies specifically allocated for this
purpose through the budget process;

(b) an insurance scheme to be established by the
Cabinet Secretary responsible for matters
relating to finance; and

(c) monies from any other source approved by the
Cabinet Secretary for the time being
responsible for matters relating to finance;
and

(2) The Wildlife Compensation Scheme shall be used
for financing compensation claims for human death or


1267
2013 Wildlife Conservation and Management
injury or crop and property damage caused by wildlife.

Compensation
25. ( 1 ) Where any person suffers any bodily injury

or is killed by any wildlife listed under the Third Schedule,
the person injured, or in the case of a deceased person, the
personal representative or successor or assign, may launch
a claim to the County Wildlife Conservation and
Compensation Committee within the jurisdiction
established under this Act.

(2) The County Wildlife Conservation and
Compensation Committee established under section 18
shall verify a claim made under subsection (1) and upon
verification, submit the claim to the Cabinet Secretary
together with its recommendations thereon.

(3) The Cabinet Secretary shall consider the
recommendations made under subsection (2) and where
appropriate, pay compensation to the claimant as follows—

(a) in the case of death, five million shillings;

(b) in the case of injury occasioning permanent
disability, three million shillings;

(c) in the case of any other injury, a maximum
of two million shillings, depending on the
extent of injury.

(4) Any person who suffers loss or damage to crops,
livestock or other property from wildlife specified in the
Seventh Schedule hereof and subject to the rules made by
the Cabinet Secretary, may submit a claim to the County
Wildlife Conservation and Compensation Committee who
shall verify the claim and make recommendations as
appropriate and submit it to the Service for due
consideration.

(5) The County Wildlife Conservation and
Compensation Committee shall review the claim and award
and pay a compensation valued at the ruling market rates:

Provided that no compensation shall be paid where
the owner of the livestock, crops or other property failed to

No. 47

Compensation for
personal injury or
death or damage
to property.


1268
No. 47 Wildlife Conservation and Management 2013

take reasonable measures,to protect such crops, livestock or
property from damage by wildlife or his land use practices
are in compatible with the ecosystem-based management
plan for the area.

(6) A person who is dissatisfied with the award of
compensation by either the County Wildlife Conservation
and Compensation Committee or the Service may within
thirty days after being notified of the decision and award,
file an appeal to the National Environment Tribunal and on
a second appeal to the Environment and Land Court.

(7) The Cabinet Secretary may, by notice in the
Gazette, prescribe such regulations and guidelines as are
necessary and appropriate to carry out the purposes of this
section.

No exemption
from environment
law to be granted.

PART VI—CONSERVATION, PROTECTION AND
MANAGEMENT

26. (1) The provisions of this Act with respect
to conservation, protection and management of the
environment shall be in conformity with the provisions of
the Environmental Management and Coordination Act.

(2) The provisions of the Environmental Management
and Coordination Act, 1999 regarding reference to the
Tribunal established under that Act shall apply to hearing
of appeals arising from the decisions made under this Act.

27. (1) No user rights or other licence or permit
granted under this Act shall exempt a person from
complying with any other written law concerning the
conservation and protection of the environment.

(2) A user or other related right shall not be granted
under this Act where the requirement for a strategic
environmental, cultural, economic and social impact
assessment licence under the Environmental Management
and Coordination Act, 1999 has not been complied with.

Environment law to
apply

No. 8 of 1999.


1269
2013 Wildlife Conservation and Management

28. No provision of this Act and no rights or
entitlements conferred and granted under this Act shall,
wherever appropriate operate to exempt a person from
compliance with the provisions of the Water Act, 2002
concerning the right to the use of water from any water
resource, reservoir or point.

29. The holder of a permit or licence under this
Act shall use the land in question in accordance with the
requirement for sustainable use of land.

30. Any activity which is likely to have adverse
effects on the environment, including the seepage of
toxic waste into streams, rivers, lakes and wetlands is
prohibited.

31. (1) The Cabinet Secretary, may in consultation
with the competent authority, by notice in the Gazette —

(a) declare an area to be a national park;
(b) declare an area to be a marine protected

area;
(c) declare a wetland to be a protected area

under the management of the Service;
(d) publish a management plan for national

parks, marine protected areas and Service-
managed wetlands;

(e) publish areas zoned to have wildlife
conservation and management as their
land use priority:

Provided that no notice may be gazetted where—
(a) the relevant provisions of the Environmental

Management and Co-ordination Act,1999
have not been complied with;

(b) no public participation has occurred;

(c) no challenge by any person is active.
(2) Notwithstanding subsection (1), a notice

under subsection (1)(a), (b) and (e) shall only be declared
by the Cabinet Secretary with the approval of the
National Assembly.

32. (1) The Cabinet Secretary may, upon the

No. 47
Water Act to
apply.

Requirement
for sustainable
use.

Prohibition.

Declaration of
protected areas.

Declaration of a


No. 47
national park.

Conservation ana
management of
wetlands.

1270
Wildlife Conservation and Management 2013

recommendation of the Service, after consultation with
the National Land Commission, and following proper
public consultation, and with the approval of the National
Assembly, by notice in the Gazette declare—

(a) any un-alienated public land; or
(b) any land purchased or otherwise acquired by the

Government, to be a national park.
(2) Notwithstanding the provisions of subsection (2),

a marine protected area shall adopt a system of zoning
that caters for multiple use of marine resources for any or
all of the following:

(a) extraction or no extraction zones in respect of
marine resources;

(b) protection of nesting, breeding and foraging
areas;

(c) no take areas in respect of fisheries; and
(d) areas that may be used by local vessels for

passage;
(e) any other purposes with respect to specified

human activities within the zone.
(4) The Cabinet Secretary shall, on the

recommendation of the Service, by notice in the Gazette,
issue appropriate rules and regulations for the effective
management of marine protected areas.

33. (1) The Cabinet Secretary shall, on
recommendation of the Service, in consultation with the
National Land Commission, by notice in the Gazette,
declare a wetland that is an important habitat or
ecosystem for wildlife conservation a protected wetland.

(2) As soon as practicable, after declaring it a
protected wetland, the Service shall, in collaboration
with the person or community who hold a legal or
communal interest in the wetland and the relevant lead
agencies, prepare an Integrated Wetland Management
Plan for the conservation and management of the
protected wetland through a public consultative process.

(3) The Cabinet Secretary shall, on recommendation


1271
2013 Wildlife Conservation and Management No. 47
of the Service after consultation with the relevant lead
agencies, by notice in the Gazette, prescribe measures,
rules, guidelines, procedures and regulations for effective
conservation and management of the protected wetland.

Variation of
boundaries or
revocation of a
national park or a
marine protected
area.

34. A notice under this section which proposes to-
(a) vary the boundaries of a national park ; or
(b) change the status from national park to wildlife

conservancy or sanctuary;
shall only be published by the Cabinet Secretary where a
proposal is recommended by the Service after
consultation with the National Land Commission in
accordance with subsection (2) of this section and is
subsequently approved by a resolution of Parliament:

Provided that there shall be no recommendation
unless -

(a) they are satisfied that such variation of boundary
or cessation of national park proposed by the
notice -

(i) shall not endanger any rare, threatened or
endangered species;

(ii) shall not interfere with the migration and
critical habitat of the wildlife;

(iii) does not adversely affect its value in
provision of environmental goods and
services, and,

(iv) does not prejudice biodiversity
conservation, cultural site protection, or its
use for educational, ecotourism,
recreational, health and research purposes;

(b) the proposal has been subjected to an
environmental impact assessment in accordance
with the provisions of the Environmental
Management and Coordination Act, 1999; and

(c) public consultation in accordance with the Fourth


1272

No. 47 Wildlife Conservation and Management 2013

Schedule has been undertaken in relation to the
proposal.

Declaration of a 35. (1) The Cabinet Secretary may, upon
national reserve. recommendation of the relevant county government and

after consultation with the National Land Commission,
by notice in the Gazette, declare any land under the
jurisdiction of a county government to be a national
reserve where the land is —

(a) rich in biodiversity and wildlife resources
or contains endangered and threatened
species;

(b) an important catchment area critical for
the sustenance of a wildlife conservation
area; or

(c) an important wildlife buffer, zone,
migratory route, corridor or dispersal area.

(2) The national reserve declared under subsection
(1) shall be managed by the relevant county government
in accordance with the provisions of this Act.

(3) Notwithstanding the provisions of subsection
(2), the county government may, with approval of the
Cabinet Secretary after consultation with the National
Land Commission, enter into a management agreement
with any management agent or the Service for the
management' of a national reserve which shall clearly
specify among other things —

(a) the duration of the agreement;
(b) the terms and conditions under which the

management agent or the Service shall
manage the national reserve;

(c) management fees and charges payable to
the management agent or the Service;

(d) a management plan to be followed by the
management agent or the Service;

(e) the mechanism for settlement of disputes
arising in respect of the agreement, and

(f) the circumstances under which the
agreement may be terminated.


1273
2013 Wildlife Conservation and Management No. 47

Declaration of a
marine
conservation
area.

36. (1) The Cabinet Secretary may, upon
recommendation of the relevant county government after
consultation with the relevant lead agencies, by notice in
the Gazette, declare any marine area to be a marine
conservation area where the area is-

(a) rich in biodiversity or harbours
endangered and threatened marine
species; or

(b) a critical habitat for a variety of marine
resources.

(2) A marine conservation area established under
subsection (1) shall be managed by the relevant
county government under an approved
management plan prepared through a consultative
process with the relevant lead agencies and
communities.

(3) Notwithstanding the provisions of subsection (2),
a marine conservation area shall adopt a system
of zoning that caters for multiple use of marine
resources for any or all of the following:

(a) extraction or no extraction zones in
respect of marine resources;

(b) protection of nesting, breeding and
foraging areas;

(c) no take areas in respect of fisheries; and
(d) any other purposes with respect to

specified human activities within the zone.

(4) The Cabinet Secretary shall, on recommendation
of the relevant county government, by notice in the
Gazette, issue appropriate rules and regulations for
effective management of marine conservation areas.

37. (1) A notice under this section which
proposes to-

(a) vary the boundaries of a national
reserve; or

Variation of
boundaries or
revocation of a
national
reserve.


1274

No. 47 Wildlife Conservation and Management 2013

(b) declare that a wildlife conservation
area shall cease to be a national
reserve; or

(c) change of status from national
reserve,

shall only be published by the Cabinet Secretary where a
proposal is recommended by the relevant county
government after consultation with the National Land
Commission and the Service in accordance with
subsection (2) of this section and is subsequently
approved by resolution of Parliament.

(2) The relevant county government, the
National Land Commission and the Service shall not
recommend any such proposal unless—

(a) they are satisfied that such
variation of boundary or cessation
of national reserve proposed by the
notice shall not-

No.8 of 1999.

(i) endanger any rare,
threatened or endangered
species,

(ii) interfere with the migration
and critical habitat of the
wildlife;

(iii) adversely affect its value in
provision of environmental
goods and services, and

(iv) prejudice biodiversity
conservation, cultural site
protection, or its use for
educational, ecotourism,
recreational, health and
research purposes;

(b) the proposal has been subjected to
an environmental impact
assessment in accordance with the
provisions of the Environmental
Management and Coordination
Act, 1999; and


1275
2013 Wildlife Conservation and Management No. 47

(c) public consultation in accordance
with the Fourth Schedule has been
undertaken in relation to the
proposal.

Exchange of part
of a national park.

38. (1) Subject to subsection (2) of this
section, the Cabinet Secretary may, on recommendation
of the Service after consultation with the National Land
Commission, and with the approval of the National
Assembly, exchange part of a national park with private
land with the consent of the owner of such land where -

(a) the exchange enhances efficient wildlife
conservation and management;

(b) the exchange is equitable to conservation and the
land owner, according to an independent
valuation;

(c) an environmental impact assessment has been
conducted in accordance with the provisions of
the Environmental Management and
Coordination Act, 1999, and has shown that such
exchange shall not adversely affect wildlife
conservation and the environment in general; and

(d) the part of the national park to be exchanged does
not contain rare, threatened or endangered species
and is not a water catchment area, wetland or a
source of springs.

(2) The Service, in consultation with the National
Land Commission and the Cabinet Secretary, may
acquire by purchase any land suitable to be declared a
national park, wildlife corridor, migratory route or
dispersal area under this Act.

(3) No purchase shall be transacted under this section
unless prior public consultation is carried out in
accordance with this section.

No.8 of 1999

39. Any person or community who own land
on which wildlife inhabits may individually or
collectively establish a wildlife conservancy or sanctuary
in accordance with the provisions of this Act.

Establishment
of conservancy
or sanctuary.


No. 47
Community
wildlife
associations and
wildlife
managers.

1276

Wildlife Conservation and Management 2013

40. (1) Communities, landowners, groups of
landowners and existing representative organizations
may establish a community wildlife association and
register under the appropriate law or in the case of an
individual owner, may be registered as a recognized
wildlife manager by the County Wildlife Conservation
and Compensation Committee.

(2) The object and purpose for which an
association is established is to facilitate conflict
resolution and cooperative management of wildlife
within a specified geographic region or sub-region.

(3) The application for registration referred to in
sub-section ( 1) shall be in the prescribed form and shall
contain —

(a) a list of the wildlife conservancy ,
sanctuary or other wildlife conservation
activities in which they are involved in
and in the case of an association their
membership;

(b) for associations, the constitution with
clear governance structures;

(c) a draft plan for the association or privately
owned wildlife conservation area
detail i ng-

(i) type of wildlife resources in their


area and type of wildlife
conservation initiatives being
undertaken;

(ii) measures and type of wildlife
conservation activities that are
being proposed;

(iii) type of wildlife user rights being
proposed that will enhance
conservation and survival of
wildlife in their area;

(iv) land use practices in the area and
proposed measures to ensure land
use compatibility with wildlife


1277
2013 Wildlife Conservation and Management

conservation;
(v) methods of monitoring wildlife

and wildlife user activities:
(vi) community wildlife scouting

scheme that will help to provide
wildlife surveillance and assist in
addressing problem animal
control; and

(vii) any other aspect deemed
necessary; and

(d) such other information as the Director General
may require.

(4) The Service shall keep an up to date record of all
approved associations, wildlife managers and wildlife
user activities that the associations and managers are
involved in.

No. 47

Functions of
community
wildlife
associations and
wildlife
managers.

41. An association or wildlife manager
approved by the Cabinet Secretary on the
recommendation of the service in consultation with the
county wildlife conservation committees shall:

(a) ensure that the association membership or
the wildlife manager protects, conserves
and manages wildlife conservancies and
sanctuaries under their jurisdictions
pursuant to their respective approved
management plans;

(b) assist the service in combating illegal
activities, including poaching and bush
meat trade;-

(c) keep the regional wildlife conservation
area committee informed of any
development changes and occurrences
within their area that may adversely
affect wildlife;

(d) assist in problem animal control through
community wildlife scouts drawn from
among their membership or employees;
and


1278
No. 47 Wildlife Conservation and Management 2013

(e) do any other act that is necessary to
enhance community participation in
wildlife protection, conservation and
management.

Donations and
bequests.

42. (1) Any person who is registered as a
proprietor of land in accordance with the provisions of
any written law may donate or bequeath all or part of that
land to the national government, county government,
community, an educational institution or an association
for purposes of wildlife conservation.

(2) The wildlife conservation area established on the
land so donated or bequeathed shall be gazetted in
accordance with this Act as a national park, national
reserve, conservancy or sanctuary.

(3) The land so donated or bequeathed shall not be
used for any purpose other than the establishment of a
wildlife conservation area as originally desired by the
previous owner.

Standards of
management.

43. (1) Where the County Wildlife
Conservation and Compensation Committee is concerned
that the management of a wildlife conservancy or
sanctuary is below the standard expected from the
management plan or there is a request for assistance from
the registered user, the County Wildlife Conservation
and Compensation Committee shall work with the
registered users with regard to discussing and monitoring
the management situation and making suitable
recommendations which may include -

(a) action to be undertaken by the registered user
(c) action to be undertaken by the registered user in

conjunction with the Service;

(c) action to be undertaken by the Service on behalf
of the registered user;

(d) deregistration of user rights, and, where
applicable de-gazettement.

(2) Where action is taken by the Service under
subsection 1(b) or (c), any reasonable expenses incurred
by the Service may be deducted from any profits accruing


1279
2013 Wildlife Conservation and Management No. 47
to the wildlife conservancy or sanctuary.

Management
plans.

44. (1) Every national park, marine protected
area, wildlife conservancy and sanctuary shall be
managed in accordance with a management plan that
complies with the requirements prescribed by the Fifth
Schedule.

(2) In preparing and adopting a management plan,
the Service shall consult with the county wildlife
conservation committee. In the case of protected areas,
the formulation and implementation of management plans
shall involve the participation of neighbouring
corimunities.

(3) The Cabinet Secretary shall, by notice in the
Gazette, publish the approved management plans in
respect of national parks, marine protected areas, wildlife
conservancies and sanctuaries;

(4) No development will be approved in the absence
of management plans approved in subsection (3).

(5) The Cabinet Secretary shall, initiate public
consultation for purposes formulating managing plan
guidelines.

45. (1) No person shall mine or quarry in a national
park without the approval and consent of the Service.

(2) The Service, shall only approve and give consent
for mining or quarrying where—

(a) the area does not contain endangered or
threatened species;

(b) the area is not a critical habitat and ecosystem for
wildlife;

(c) the area is not an important catchment area or
source of springs;

(d) an environmental impact assessment has been
carried out in accordance with the provisions of
the Environmental Management and
Coordination Act, 1999;

(e) approval has been obtained from the in

Consent for
mining and
quarrying.


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No. 47 Wildlife Conservation and Management


2013

Protection of
endangered and
threatened
ecosystems.

accordance with the applicable law regulating
mining;

(f) the miner has undertaken through execution of a
bond the value of which will be determined by
the Service , to rehabilitate the site upon
completion of his operation to a level prescribed
by the Service and the Mining Act:
Provided that the Cabinet Secretary may, on the
recommendation of the Service, and after
consultation with the Cabinet Secretary
responsible for mining, by notice in the Gazette,
publish rules to regulate and govern mining
operations in such protected areas;

(g) the carrying on of mining or quarrying operations
shall not contravene any rules made under this
Act.

(3) Subject to subsection (2), mining or quarrying
may be carried out in a national park and reserve under
the authority issued by the Service.

(4) The provisions of this section with respect to
mining and quarrying shall apply mutatis mutandis with
respect to wildlife conservancy and sanctuary.

(5) No person shall undertake oil or gas exploration
and extraction without the consent of the Cabinet
Secretary, and with the prior approval of the National
Assembly.

46. (1) The Cabinet Secretary may, on the
advice of the Service and in consultation with the
National Land Commission, by notice in the Gazette,
publish a national list of wildlife ecosystems and habitats
that are endangered and threatened and are in need of
protection.

(2) A list published under subsection (1) shall
describe in sufficient detail the location of each
ecosystem on the list, the threats and the measures being
taken to restore and maintain its ecological integrity for
enhanced wildlife conservation through development and
implementation of a management plan.


1281
2013 Wildlife Conservation and Management No. 47

(3) The Cabinet Secretary shall, upon the
recommendation of the Service, every five years review
any national list published under subsection (1) of this
section.

47. (1) The species of wildlife set out in the
Sixth Schedule are declared to be critically endangered,
vulnerable, nearly threatened and protected species.

(2) The Service shall amend the Sixth Schedule
from time to time as necessary.

(1) A person may not carry out any
activity involving a specimen of a listed species without
a p rmit from the Service.

2) The Cabinet Secretary may, on recommendation of
the Service, by notice in the Gazette, prohibit the
carrying out of any activity:-

(a) which is of a nature that may negatively impact on
the survival of a listed species; or

(b) which is specified in the notice or prohibit the
carrying out of such activity without a permit
issued by the Service.

49. (1) The Service may develop and
implement recovery plans for the conservation and
management of all the species listed under the Seventh
Schedule.

(2) The Service shall, in developing the recovery
plans, to the maximum extent practicable:-

(a) give priority to those rare, endangered and
threatened species; and

(b) incorporate in each recovery plan-

(i) a description of such site-specific
management actions as may be necessary
to achieve the plan's goal for ,the
conservation and survival of the species;

(ii) objective, measurable criteria which, when
met, would result in the species being

Endangered and
threatened species.

Restricted
activities
involving listed
species.

Species recovery
plans.


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No. 47 Wildlife Conservation and Management 2013

removed from the list; and
(iii) estimates of the time required and the cost

to carry out those measures needed to
achieve the goal of the plan.

(3) The Service may, in developing and
implementing recovery plans, enlist the services of
appropriate public, private or non-governmental
organizations and institutions and other qualified
persons:

(4) The Cabinet Secretary shall report biannually to
the National Assembly through the National Wildlife
Conservation Status Report on the status of efforts to
develop and implement recovery plans for all nationally
listed species and on the status of all species for which
such plans have been developed.

(5) The Service shall implement a system, in
cooperation with the county wildlife conservation
-committees, community wildlife associations and
wildlife,managers, to monitor effectively for not less than
five years the status of all species which have recovered
to the point at which the measures provided pursuant to
this section are no longer necessary and which, in
accordance with the provisions of this section, have been
removed from the lists published in the Sixth Schedule.

Establishment
of the Wildlife
Research and
Training
Institute.

PART VII—ESTABLISHMENT OF THE
WILDLIFE RESEARCH AND TRAINING

INSTITUTE
50. (1) There is established an institute to be

known as the 'Wildlife Research and Training Institute
(hereinafter referred to as "the Institute").

(2) The Institute is a body corporate with perpetual
succession, and a comnion seal and shall in its corporate
name, be capable of—

(a) suing and being sued;
(b) taking, purchasing and disposing of

movable and immovable property;


1283
2013 Wildlife Conservation and Management

(c) borrowing money;
(d) entering into contracts; and
(e) doing or performing such other things or

acts for the proper discharge of its
functions under this Act, which may be
lawfully done or performed by a body
corporate.

51. The object and purposes of the Institute shall
be to undertake and co-ordinate wildlife research and
training in accordance with the provisions of this Act.

No. 47

Object and purpose
of the Institute.

Functions of the
Institute.

52. (1) The Institute shall—
(a) collect and analyze wildlife data and

information, to support planning and
decision making by different
stakeholders, relating to-
(i) inventory and status of wildlife

resources countrywide;
(ii) trends in wildlife conservation and

management approaches and
practices;

(iii) processes or activities likely to
impact on sustainable wildlife
conservation and management;
and

(iv) wildlife statistics;
(b) undertake research through remote

sensing and geographic
information system to enhance
wildlife conservation and
management;

(c) undertake wildlife disease
surveillance and control;

(d) determine, in consultation with the
Service and the relevant lead
agencies, the carrying capacities of
the various wildlife conservation


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No. 47 Wildlife Conservation and Management
areas and their conservation needs
and priorities;

(e) assess information, that is the basis
of ecosystem-based management
plans for all wildlife conservation
areas;

(f) undertake wildlife research and
related emerging areas;

(g) provide training and capacity
development programmes, courses
in wildlife conservation and
management and related
disciplines and award diplomas
and certificates;

(h) establish with approval of the
Cabinet Secretary, such
campuses or centres for training
and capacity development as are
necessary and in the furtherance of
wildlife research and training;

(i) enter into association with other
institutions of learning, within or
outside Kenya, as the Institute may
consider necessary or appropriate
and in furtherance of wildlife
research and training;

(j) give information on early warning,
disaster management, impacts and
mitigation and adaptive strategies
to climate change in wildlife
conservation areas;

(k) organize symposia, conferences,
workshops and other meetings to
promote the exchange of views on
issues relating to wildlife research
and training; and

(1) perform any other functions that
are ancillary to the object and
purpose for which the Institute is
established.

2013


1285
2913 Wildlife Conservation and Management

(2) Admission to the Institute of candidates for
diplomas and other awards of the Institute shall be open
to all persons accepted as qualified for such admission
without distinction on the basis of ethnic origin, gender
or creed being imposed on any person as a condign of
his or her becoming or continuing to be a student at the
Institute.

53. (I) There shall be the Board of the
Institute which shall consist of—

(a) a chairperson appointed by the
II President;

/(b) the Principal
ministry for
responsible for
wildlife or
representative;

(c) the Principal
ministry for
responsible for
finance or
representative;

(d) the Principal Secretary of the
ministry for the time being
responsible for matters relating to
science and technology or his or
her representative;

(e) the Director of the Institute, who
shall be the secretary; and

(f) seven other members, not being
public officers, nominated or
selected through a competitive
process taking into account
regional balance and gender parity
and appointed, by the Cabinet
Secretary, of-whom –

-0) one shall represent the
national umbrella wildlife
association;

Secretary of the
the time being
matters relating to

his or her

Secretary of the
the time being

matters relating
his or her

No. 47

Board of the
Institute.


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No. 47 Wildlife Conservation and Management 2013

(ii) two shall represent
community and privately
managed wildlife areas;

(iii) two shall represent the
institutions of higher
learning; and

(iv) two shall be persons
qualified and competent in
wildlife, natural resources
management, biodiversity
and environmental
economics or related
disciplines.

(2) The members of the Board of the Institute shall
be appointed at different times so that the respective
expiry dates of their terms of office shall fall at different
times.

(3) At their first sitting, the members of the Board
of the Institute shall elect a vice chairperson from among
the members appointed under subsection (1)(f).

(4) The Board of the Institute shall ensure the
proper and effective performance of the functions of the
Institute.

(5) The Board of the Institute may enter into
partnership with another body or organization within or
outside Kenya as it may consider appropriate in
furtherance of the object and purpose for which the
Institute was established.

(6) The members of the Board of the Institute shall
be paid allowances determined by the Cabinet Secretary,
in consultation with the Salaries and Remuneration
Commission.

Tenure and
vacation of
office.

54. (1) A member of the Board of the
Institute, other than an ex-officio member, shall hold
office for a term of three years and shall be eligible for
re-appointment for one further term not exceeding three
years.

(2) A member of the Board of the Institute


1287
2013 Wildlife Conservation and Management No. 47
appointed under section 53(1)(a) and (f) may, at any
time, resign from office by giving a notice, in writing,
addressed to the appointing authority.

(3) A member of the Board of the Institute, other
than an ex-officio member, who is absent from three
consecutive meetings of the Board of the Institute
without sufficient cause shall cease to be a member of
the Board of the Institute.

(4) Where a member of the Board of the Institute is,
for a sufficient cause, unable to act as a member, the
Cabinet Secretary shall determine whether the inability
would result in the declaration of a vacancy.

(5) Where there is a vacancy —

(a) under subsection (2) or (3) or section
56(2);

(b) as a result of declaration under
subsection (4); or

(c) by reason of the death of a member,

the Cabinet Secretary shall appoint another person in
accordance with the provisions of section 53 to fill that
vacancy.

55. The conduct of the meetings of the Board
of the Institute shall be in accordance with the First
Schedule.

56. (1) A member of the Board of the Institute
who has an interest in a matter for consideration by the
Board of the Institute shall disclose, in writing, the nature
of that interest and shall not participate in any
deliberations of the Board of the Institute relating that
matter.

(2) A member of the Board of the Institute who
fails to disclose interest in a matter in accordance with
subsection (1) shall cease to be a member of the Board of
the Institute.

57. Subject to this Act, the Board of the
Institute may, by resolution either generally or in any
particular case, delegate to a committee of the Board of
the Institute or to a member, officer, employee or agent

Conduct of the

meetings of the

Board of the

Institute.

Disclosure of
interest.

Delegation of
functions.


1288
No. 47 Wildlife Conservation and Management 2013

of the Institute, the exercise of any of the powers or, the
performance of any of the functions or duties of the
Board of the Institute under this Act.

Appointment of


58. (1) The Cabinet Secretary shall, in
the Director and consultation with the Board of the Institute and subject to
other staff. subsection (2), appoint the Director of the Institute

through a competitive process.
(2) A person shall not be qualified for the

appointment as the Director under subsection (1) unless
that person holds an advanced degree from a recognized
university in the field of wildlife, biodiversity, natural
resource management or other natural resource-related
discipline and has at least ten years' experience in the
relevant field at senior management level.

(3) A person appointed to be the Director of the
Institute under subsection (1) shall hold office for a term
of three years but shall be eligible for re-appointment for
one further term of three years.

(4) The Director shall be the chief executive officer
of the Institute.

(5) The Board of the Institute may appoint such
officers and other staff of the Institute that are necessary
for the proper and effective performance of the function
of the Institute.

Research


59. (1) A person shall not undertake research
permit. on the wildlife sector unless that person has a research

permit granted by the Institute to carry out the research.
(2) A person granted a research permit under

subsection (1) shall be required, upon completion of the
research, to deposit a copy of the research report, thesis
or assessment with the Institute in a manner prescribed
by the Institute.

(3) Where a person carrying out the research is from
outside Kenya, that person shall be required to have a
sponsoring institution from the home country and a
locally recognized collaborating institution which shall
guarantee that the researcher shall comply with the
requirements under this Act.

(4) The Cabinet Secretary may, on his own motion
or on recommendation of the Board of the Institute,


1289
2013 Wildlife Conservation and Management


No. 47

prescribe regulations to carry out the purposes of this
section.

Establishment
of wildlife data-
base.

60. (1) The Institute shall, in collaboration
with the Service and other relevant lead agencies and
stakeholders, establish a comprehensive wildlife
database.

(2) The database established under subsection (1)
shall include relevant data produced by the Kenya
National Bureau of Statistics, universities and other
research institutions or as a consequence of collaborative
research by the Institute with. foreign institutions and
researchers.

(3) The Institute shall, in consultation with the
Service, the relevant lead agencies and other
stakeholders, ensure that data is collected in accordance
with any harmonized national standards that may be
prescribed under this Act or regulations made
hereunder.

(4) The Institute shall, in respect of the data and
information that it holds, progressively make the data and
information available and accessible, through any means,
to all the stakeholders and the general public.

(5) The Cabinet Secretary may, on his or her own
motion or on recommendation of the Board of the
Institute, prescribe regulations to carry out the purposes
of this section.

61. (1) The Director shall, on request, have
access to the public records or documents of a lead
agency in custody of a person or All establishment where,
in his or her opinion, the information sought is for the
purposes of obtaining the required wildlife data or
completion or correction of the information already
obtained.

(2) A person who fails or refuses to grant the
Director access to the records or documents in
accordance with subsection (1) commits an offence.

62. (1) Subject to subsection (3), a person
may, upon application, access any data or information
upon payment of a prescribed fee.

(2) The Institute shall avail the data or

rector to have
cess to public

records etc.

Access to
wildlife data.


1290

No. 47 Wildlife Conservation and Management 2013

information under subsection (1) in the format requested
unless-

(a) it is reasonable for it to make the
information available in another format; or

(b) the information is already publicly available
and easily accessible to the applicant in
another format.

Funds of the
Institute.

(3) The Institute may refuse to grant an application
under subsection (1) where the data or information
requested is classified and restricted.

(4) The Institute shall communicate to the
applicant, in writing, the reasons for refusal within
twenty-one days from the date of the making the
decision.

(5) The Cabinet Secretary may, on his or her own
motion or on recommendation of the Board of the
Institute, prescribe regulations to effectively carry out of
the provisions of this section.

63. There shall be a general fund of the
Institute which shall vest in the Board of the Institute
and into which shall be paid —

(a) monies appropriated by Parliament
for the purposes of the Institute;

(b) monies that may accrue to or vest
in the Institute in the course of the
performance of its functions;

(c) monies provided to the Institute
from the Wildlife Endowment
Fund;

(d) donations, gifts and grants made to
the Institute; and

(e) monies from any other sources
approved by the Cabinet Secretary
for the time being responsible for
matters relating to finance.

(2) There shall be paid out of the general fund of the
Institute any expenditure incurred by the Institute in the


1291
2013 Wildlife Conservation and Management
exercise of its powers or the performance of its functions
under this Act.

(3) The Institute may, subject to the approval of
the Cabinet Secretary for the time being responsible for
matters relating finance, invest any funds not
immediately required for its purposes, as it may
determine.


64. (1) The Cabinet Secretary may, on his
or her own motion or on recommendation of the Board
of the Institute, develop monitoring mechanisms and set
indicators to determine—

(a). sound management of wildlife resources in
Kenya; and

(b) trend ; affecting Kenya's wildlife conservation
and management.

(2) The Cabinet Secretary shall require any
person collecting data or information that is relevant to
the wildlife resources to regularly report to the Cabinet
Secretary on the results of the nvnitoring mechanisms
against the predetermined indic. tors set out in the
national wildlife conservation and management strategy
prescribed under this Act.

(3) The Cabinet Secretary shall, at least once
every five years, submit to the National Assembly a
wildlife resources monitoring report showing the
achievement made in the implementation of the past or


subsisting national wildlife conservation and
management strategy and avail the said wildlife
resources monitoring report to the public.

PART VIII—CONSERVATION ORDERS,
EASEMENTS AND INCENTIVES

Wildlife Conservation Orders and Easements


65. (1) Wildlife conservation easements may
be created by voluntary private arrangement or upon
appropriate application to the Environment and Land
Court.

(2) A party may enter into an agreement with a land
owner for a wildlife conservation easement to be created

No. 47

Monitoring
mechanisms.

Conservation
orders and
easements.


1292

No. 47 Wildlife Conservation and Management 2013

on that person's land, subject to that agreement being
legally recognized.

(3) A court may grant a wildlife conservation order
or easement subject to the provisions of this Act;

(4) Without prejudice to the generality of subsection
(1), a wildlife conservation order or easement may be
created so as to—

(a) . further the principles of sustainable wildlife
conservation and management;

(b) preserve flora and fauna;

(c) create or maintain migration corridors and
dispersal areas for wildlife

(d) preserve the quality and flow of water in a dam,
lake, river or aquifer;

(e) preserve any outstanding geological,


physiographical, ecological, archaeological,
cultural or historical features;

(f) preserve scenic views, topographical features and
landscapes;

(g) prevent or restrict the scope of any mining or
mineral or aggregate workings that would
adversely affect wildlife conservation;

(h) prevent or restrict the scope of agricultural or
other land use activities that would adversely
affect wildlife conservation; and

(i) prevent or restrict the scope of infrastructural
activities that would adversely affect wildlife
conservation.

(3) A wildlife conservation order or easement shall
be attached to the land in perpetuity or for a term of years
or for an equivalent interest under customary law as
agreed to by the parties to a private agreement or as
determined by the court.

(4) An order or easement may exist in gross; that is
to say, the validity and enforceability of the order or
easement shall not be dependent on the existence on a
plot of land in the vicinity of the burdened land which
can be benefited or, of a person with an interest in that


1293
2013 Wildlife Conservation and Management


No. 47

plot of land who can be benefitted by the order or
easement.

Application for
wildlife
conservation
orders and
easements.

66. (1) A person or a group of persons may make
an application to the court for the grant of one or more
wildlife conservation orders or easements

(2) The court may impose such conditions on the
grant of a wildlife conservation order or easement as it
considers to be best calculated to advance the cause of
such order or easement:

Provided that in exercising the jurisdiction
conferred upon it by this section, the court may require
the Service or appoint any persons with special skills or
knowledge on wildlife conservation orders or easements
to prepare a technical report for proper determination of
the matter.

67. (1) Proceedings to enforce an order or
easement may be commenced only by the person in
whose name the order or easement has been issued.

(2) Proceedings to enforce an easement may request
the court to:

(a) grant a wildlife conservation order
(b) grant any remedy available under the law relating_

to easements in respect of land.
(3) The court shall have discretion to adapt and

adjust, so far as seems necessary to it, the law and
procedures relating to the enforcement of the
requirements of an order or easement.

68. (1) Where an order or easement is
created on land the title of which is registered under a,
particular system of land registration, the easement shall
be registered in accordance with the, provisions of the
Act applicable to that particular system of registration

(2) Where an order or easement is created on any
land other than land referred to in subsection (1), the
County Wildlife Conservation and Compensation
Committee of the area in which that land is situated shall
register the order or easement in a register maintained for
that purpose.

Proceedings to
enforce wildlife
conservation
orders and
easements.

Registration of
wildlife
conservation
orders and
easements.


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No. 47 Wildlife Conservation and Management 2013

(3) In addition to any matter which may be required
by any law relating to the registration of orders and
easements in respect of land, the registration of a wildlife
conservation easement shall include the name of the
applicant for the easement or beneficiary of the easement
as the person in whose name the easement is registered.

69. (1) Parties to a voluntary easement may
negotiate appropriate compensation for any loss or
diminishment of value of land due to the creation of the
easement.

Compensation
for wildlife
conservation
orders and
easements.

Incentives and
benefit sharing.

(2) where a wildlife conservation order or
easement is imposed by the court on land on which any
person has, at the time of creating the order or easement,
any existing right or interest in the land and that such
order or easement will restrict the right or interest, there
shall be paid to that person, by the applicant for the order
or easement such compensation as may be determined in
accordance with this section.

(3) Any person who has a legal interest in the land
which is the subject of an order or easement imposed by
the court, shall be entitled to compensation
commensurate with the lost value of the use of the land.

(4) A person described in subsection (3) may
apply to the court that granted the order or easement for
compensation stating the nature of the legal interest in
the burdened land and the compensation sought.

(5) The court may require the applicant for the
order or easement to bear the cost of compensating the
person described in subsection (3)

(6) The court may, if satisfied that the order or
easement sought is of national importance, order that the
Government compensates the person described in
subsection (3).

70. (1) Every person has the right to practice
wildlife conservation and management as a form of
gainful land use.

(2)The right specified in subsection (1) shall
require the party to invest resources for that practice.

(3) The party shall ensure that the wildlife is
maintained in a healthy, natural, _and secure state:


1295
2013 Wildlife Conservation and Management
Provided that this practice shall be carried out where the
land is suitable for such practice, subject to the terms and
conditions of the licence issued by the Cabinet Secretary.

71. (1) Every person has the right to
reasonable access to wildlife resources and shall be
entitled to enjoy the benefits accruing there-from without
undue hindrance.

(2) The right set out in subsection (1) shall be
exercised with due regard to the rights and privileges of
other stakeholders.

72. (1) Utilisation and exploitation of wildlife
resources by any person whether individual land owner
or in a conservation area, and wherever else shall be
practised in a manner that is sustainable and in
accordance with regulations made under this Act.

(2) The manner, form, nature and style of the
practice under subsection (1) shall be in conformity with
the provisions of the relevant laws, including land use
management and planning.

73. The Cabinet Secretary, in consultation
with the land owner, the National Land Commission, the
Commission on Revenue Allocation and in liaison with
the Service shall, formulate regulations and guidelines on
access and benefit sharing.

74. (1) Land owners shall facilitate the ease of
movement of wildlife from one area to the other
considering their migratory nature that attaches to the
resource.

(2) Any benefits accrued as a result of subsection
(1) may be shared among relevant parties on a case by
case basis, whether county, conservancy or individual
land owner.

(3) The parties under subsection (2) may enter into
agreements for the purpose of benefit sharing and related
transactions.

(4) The agreements reached under subsection (3)
shall within twenty-one days be filed and registered with
the Cabinet Secretary which will consider granting
approval for the same.

No. 47

Right to
reasonable access.

Sustainable
utilization and
exploitatipn.

Cabinet Secretary
may make
regulations.

Migration of
wildlife.


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No. 47 Wildlife Conservation and Management 2013

75. (1) In furtherance of the spirit mutual co-
existence in the framework of human – wildlife conflict,
every decision and determination on the matter of
conservation and management of the wildlife resource
shall not be exercised in a manner prejudicial to the
rights and privileges of communities living adjacent to
conservation and protected areas:

Provided that in the parties shall have due regard
for the provisions of the appropriate and enabling laws,
including laws on devolution and land management.

76. (1)The Cabinet Secretary shall, upon
advice by the Service, in consultation with the
Commission on Revenue Allocation, formulate
guidelines regarding incentives and benefit sharing, and
the nature and manner in which the same shall be
distributed.

(2) The Cabinet Secretary shall publish in the
Gazette within twenty-one days of the formulation rules
and regulations to govern the regime on incentives and
benefits.

(3) The guidelines under this section shall be
subjected to public scrutiny at every stage of their
formulation within the framework of the laws -In
devolution and land management.

(4) The guidelines on benefit sharing shall
comply with the minimum conditions that a minimum of
five per cent of the benefits from national parks shall be
allocated to local communities neighbouring a park.

(5) Subject to Article 66 of the Constitution,
private investments in conservancies shall benefit local
communities and investors shall provide such benefits by
applying various options including infrastructure,
education and social amenities.

PART IX —HUMAN-WILDLIFE CONFLICT

Mutual


CO-

existence

Gui , lelines on
incentives and
benefit-sharing.

77. (1) Any authorised officer of the Service
may, with the consent of the owner or occupier in respect
of private land, where it is necessary for the purpose , go
onto any land to destroy any animal which, has been
deemed a problem animal:

Problem animals.


1297
2013 Wildlife Conservation and Management

Provided that where the animal is a dangerous
animal, which has been previously wounded or otherwise
injured so as to make it a potential source of danger to
human life, the officer may follow such animal with the
intention of killing it on any land notwithstanding that
the prior consent of the owner or occupier of the land has
not been obtained. The Service 'shall under such
circumstances provide the owner or occupier a
subsequent report of what occurred.

(2) Notwithstanding anything to the contrary in
this Act, the owner or occupier of land, or any agent of
such owner or occupier may, subject to the provisions of
this Act, destroy any animal which has been deemed a
problem animal:

Provided that nothing in this section shall
authorize the killing of a problem animal in a protected
area, or the use of any poison, pitfall or snare for the
killing of any such animal.

(3) Any person who kills an animal in the
circumstances set out in subsection (1 ) shall, as soon as
possible, and in any case not later than forty-eight hours
after the event, report the circumstances of such killing and
deliver the trophies of such animal, to the nearest wildlife
office or police station.

78. (1) Notwithstanding anything in this Act,
it shall not be unlawful for any person to kill or wound
any wild animal in the defense of himself or any other
person if immediately and absolutely necessary.

(2) The burden of proving that a wild animal has
been killed or wounded in accordance with subsection
(1) shall lie with the person who killed or wounded the
wild animal.

PART X-LICENSING AND REGULATION
79. Except as, or to such extent as may be

specifically provided in this Act, no person or entity shall
undertake any wildlife-use activity otherwise than under
and in accordance with the terms and conditions of a
licence issued or permit granted under this Act.

80. (1) The Cabinet Secretary may, upon
successful registration __of the applicant with the

No. 47 -

Unlawful
wounding of
animals

Licensing.

Wildlife user
rights.


1298

No. 47 Wildlife Conservation and Management 2013

County Wildlife Conservation and Compensation
Committee grant a general permit for non consumptive
wildlife user rights, including -

(a) wildlife-based tourism;

(b) commercial photography and filming;

(c) educational purposes;

(d) research purposes;

(e) cultural purposes; and

(1) religious purposes.

(2) The permit shall be in a prescribed manner and
may set conditions in regard to duration, infrastructure
development and any other aspects as may be
appropriate.

(3) The Cabinet Secretary may, upon successful
registration of the applicant with the County Wildlife
Conservation and Compensation Committee grant a
licence in accordance with the provisions set out in the
Eighth Schedule with regard to consumptive wildlife use
activities, including -

(a) game farming;

(b) game ranching;

(c) live capture;

(d) research involving off-take;

(e) cropping; and

(f) culling.

(4) Subject to subsection (1), the wild species in
which game ranching may be allowed shall be as set out
in the Tenth Schedule.

81. (1) The holder of a licence issued under
section 68 may, with the approval of the Service and on
payment of the prescribed fee, assign any or all the
wildlife user rights granted under the licence to an agent
that the applicant has determined to be suitably qualified.

(2) The Service shall decline any application for
assignment of a licence if, in the opinion of the Service,
such assignment would derogate ,.fiom the main

Assignment of
wildlife user
rights.


1299
2013 Wildlife Conservation and Management
objectives and purposes set out in the instrument granting
the wildlife user rights.

(3) The instrument granting the wildlife user
rights shall be deemed to provide that any person shall be
liable for all the activities, acts and omissions of the
assignee or assignees of its rights under the licence.


82. (1) The Cabinet Secretary may withdraw a
particular wildlife user right granted under this Act
where-

(a) the licensee is in breach of the
terms and conditions thereof;

(b) he or she considers such action as
necessary for purposes of protecting
and conserving wildlife; or

(c) the licencee so requests.
(2) Where the Cabinet Secretary intends to

withdraw a particular user right on either of the grounds
stipulated in subsection (1) (a) or (b) of this section, he or
she shall give the affected person thirty days' notice to
show cause why the wildlife user right should not be so
withdrawn.

(3)Where the licencee is aggrieved by the decision
of the Cabinet Secretary, the licencee may, within thirty
days after being notified of the decision, appeal to the
National Environment Tribunal established under the
Environmental Management and Coordination Act, 1999
or seek further redress in the Environment and Land
Court.


83. (1) Except as otherwise provided for in
the Eighth Schedule, the following shall be Government
trophies and the property of the Government--

(a) any trophy found without an owner;

(b) any animal found dead or killed by accident or
mistake;

(c) any animal killed in defense of life, or in other
circumstances authorized by or under this Act;

(d) any animal or trophy in respect of which a breach
of any of the provisions of this Act or regulations
or the rules has been committed;

No. 47

Withdrawal of
wildlife user
rights .

Government
trophies.


1300
No. 47 Wildlife Conservation and Management 2013

(e) any animal killed by a member of the Service in
the course of duty.

(2) The provisions of subsection (1) of this section
shall not apply where such trophy is kept for cultural
purposes.

(3) The Service shall, in every year, audit the number
of trophies in possession of the Government and publish
the results of the audit in the Gazette.

(4) The Cabinet Secretary may, on the
recommendation of the Service, by notice in the Gazette,
prescribe appropriate measures, rules, regulations and
guidelines including those required for the disposal of
Government trophies.

Dealing in 84. ( I) No person shall operate as a trophy
trophies dealer without a license issued by the Service.

(2) The Cabinet Secretary may grant a trophy
dealers' license in accordance with the provisions set out
in the Eighth Schedule.


85. (1) No person shall import, export, re-
export, or otherwise trade in any wildlife species without
a permit issued by the Service.

(2) Every application for a permit shall specify —
(a) the full names and address of the applicant,
(b) the type of trade to which the application

relates,
(c) the species and number of specimens of the

species to be traded:
Provided that a permit shall only be issued in
cases where-

(i) the purpose for which the application is
made is not detrimental to the survival
of the species,

(ii) compensation has been paid where
appropriate, to the concerned
communities, and

(iii) permission to export or re-export the
subject specimen has been granted by

Application and
issuance of a
permit.


1301
2013 Wildlife Conservation and Management

the relevant authority of the country of
export or re-exports.

(2) The Service may, issue a permit on such terms
and conditions as may be appropriate and necessary to
enhance conservation and management of listed species.

(3) The Cabinet Secretary may, on the
recommendation of the Service, by notice in the Gazette,
formulate rules, regulations and guidelines as are
necessary and appropriate to carry out the purposes of
this section.

86. The Service may revoke a permit issued
under section 80 where it finds that the permit holder is
not complying with the terms and conditions of the
permit.

87. (1) The Service shall maintain registers of -
(a) all licences and permits issued

under this Act;
(b) national parks, national reserves,

wildlife conservancies and
sanctuaries established under this
Act and the management thereof;

(c) all community wildlife scouts involved in
conservation and management of wildlife;

(d) all management plans developed pursuant to the
provisions of this Act.

(2) All registers maintained under this section shall
be open for inspection at the Service's premises, or such
designated office, by members of the public during
official working hours.

PART XI—OFFENCES AND PENALTIES
88. (1) Any person who-

(a) willfully and without reasonable cause
contravenes an approved management
plan; or

(b) fraudulently alters the approved
management plan under this Act,

commits an offence.

No. 47

Revocation of a
permit.

Records and
registration of
permits and
licenses.

Offences relating
to management
plans.


1302

No. 47 Wildlife Conservation and Management 2013

(2) Any person who commits an offence with
respect to this section shall be liable upon conviction to—

(a) a fine of not less than five hundred
thousand shillings or imprisonment for a
term of not less than two years or both
such fine and imprisonment, where the
offence is committed with respect to a
national park, national reserve or national
sanctuary;

(b) a fine of not less than one hundred
thousand shillings in any other case.

89. (1) Any person who-
(a) discharges any hazardous substances or

waste or oil into a designated wildlife
area contrary to the provisions of this Act
and any other written law;

(b) pollutes wildlife habitats and ecosystems;
(c) discharges any pollutant detrimental to

wildlife into a designated wildlife
conservation area contrary to the
provisions of this Act or any other written
law, commits an offence and shall be
liable upon conviction to a fine of not less
than two million shillings or to
imprisonment of not less than five years
or to both such fine and imprisonment.

(2) In addition to any sentence that the court may
impose upon a polluter under subsection (1) of this
section, the court may direct that person to —

(a) pay the full cost of cleaning up the polluted
wildlife habitat and ecosystem and of
removing the pollution; and

(b) clean up the polluted habitats and ecosystems
and remove the effects of pollution to the
satisfaction of the Service.

(3) Without prejudice to the provisions of
subsections (1) and (2) of this section, the court may
direct the polluter to contribute to a wildlife conservation
activity as compensation, restoration and restitution.

Offences relating
to pollution.


1303
2013 Wildlife Conservation and Management

90. Any person who-
(a) fails, neglects or refuses to comply with a

wildlife conservation order made under
this Act;

(b) fails, neglects or refuses to comply with
an easement issued under this Act,

commits an offence and shall be liable upon conviction
to a fine of not less than five hundred thousand shillings
or to imprisonment of not less than three years or to both
such fine and imprisonment.

91. Any person who, for the purpose of
obtaining, whether for himself or another, the issue of a
license or permit —

(a) knowingly or recklessly makes a statement or
representation which is false in a material
particular; or

(b) knowingly or recklessly furnishes a document
or information which is false in a material
particular; or

(c) for any purpose in connection with this Act,
knowingly or recklessly uses or furnishes a
false, falsified or invalid license or permit or
one is altered without authorization; or

(d) knowingly contravenes any condition or
requirement of a licence or permit,

commits an offence and shall be liable upon conviction,
to a fine of not less than two hundred thousand shillings
or to imprisonment of not less than one year or to both
such fine and imprisonment.

92. Any person who commits an offence in respect
of an endangered or threatened species or in respect of
any trophy of that endangered or threatened species shall
be liable upon conviction to a fine of not less than twenty
million shillings or imprisonment for life or to both such
fine and imprisonment.

93. Any person who —
(a) knowingly introduces an invasive species

into a wildlife conservation area an
invasive species; or

No. 47
Offences relating
to conservation
orders and
easements.

Offences relating
to licenses and
permits.

Offences relating
to endangered and
threatened species.

Offenses relating
to invasive
species.


1304
No. 47 Wildlife Conservation and Management 2013

(b) fails to comply with the measures
prescribed by the Cabinet Secretary set
out under this Act,

commits an offence and shall be liable upon conviction
to a fine of not less than three hundred thousand shillings
or to imprisonment of not less than one year or to both
such fine and imprisonment.

94. (1) Except as may be necessitated by sudden
emergency endangering the safety of any aircraft or
persons carrying out an evacuation, the proof of which
shall lay on the pilot thereof, no aircraft -

(a) shall land in a wildlife protected area
other than at a designated landing area
and in accordance with the Park rules;

(b) shall, except for the purpose of landing at
or taking off from a designated landing
site, be flown at a height over a wildlife
protected area set by the Service in
consultation with the Kenya Civil
Aviation Authority:

Offences relating
to flying aircraft in
wildlife
conservation areas.

Offences relating
to tiophies and
trophy dealing.

Offences relating
to sport hunting.

Provided that nothing in this section shall apply to
the operation of any aircraft which is, at the time of the
contravention, being used for any purpose of the Service
or any other operations authorized by the Service.

95. Any person who keeps or is found in
Possession of a wildlife trophy or deals in a wildlife
trophy, or manufactures any item from a trophy without
a permit issued under this Act or exempted in accordance
with any other provision of this Act, commits an offence
and shall be liable upon conviction to a fine of not less
than one million shillings or imprisonment for a term of
not less than five years or to both such imprisonment and
fine.

96. (1) A person who engages in sport
hunting or any other recreational hunting commits an
offence and shall be liable, on conviction, to-


1305
2013 Wildlife Conservation and Management No. 47

(a) a fine of not less than twenty million shillings or
imprisonment for life;

(b) a fine of five million shillings or imprisonment
of five years or to both such fine and
imprisonment;

(c) a fine of one million shillings or imprisonment of
two years or to both such fine and imprisonment.

(2) The categories of wildlife referred to in
subsection (1) shall be those set out in the Ninth
Schedule.

97. A person who engages in hunting for .the
purposes of subsistence commits an offence and shall be
liable on conviction to a fine of not less than thirty
thousand or imprisonment for a term of not less than six
months or to both such fine and imprisonment.

98. A person who engages in hunting for bush-
meat trade, or is in possession of or is dealing in any
meat of any wildlife species, commits an offence and
shall be liable on conviction to a fine of not less than two
hundred thousand shillings or to imprisonment for a term
not less than one year or to both such fine and
imprisonment.

99. (1) No person shall trade in, import, export,
re-export or introduce any specimen of a wildlife species
into or from Kenya without a permit issued by the
Service under this Act.

(2)Without prejudice to the generality of the
foregoing, no person shall -

(a) import any such species into, or export
any such species from Kenya;

(b) take any such species within Kenya or
Kenya's territorial waters;

(c) take any such species upon the high seas;
(d) possess, sell, deliver, carry, transport, or

ship, by any means whatsoever, any such
species taken in violation of paragraphs
(b) and (c);

(e) deliver, receive, carry, transport, or ship in

Offenses relating
to subsistence
hunting.

Offences relating
to hunting for
bush-meat trade.

Import and export
of wildlife species.


1306

No. 47 Wildlife Conservation and Management 2013

county commerce, by any means
whatsoever and in the course of a
commercial activity, any such species;

(f) sell or offer for sale in commercial
transaction within or outside Kenya any
such species;

(g) products of listed species; or
(h) violate any rules and regulations

pertaining to such listed species.
(3)Any person who contravenes any provisions of

this section commits an offence and shall be liable upon
conviction for category A wildlife to a fine of not less
than ten million shillings or to imprisonment for not less
than five years and for other wildlife categories to a fine
of not less than one million shillings or to imprisonment
of not less than two years or to both such imprisonment
and fine.

100. Any person who makes a false claim or makes
a false statement to the County Wildlife Conservation
and Compensation Committee or the Service in respect
of a wildlife damage claim shall be committing an
offense and is liable upon conviction to a fine of not less
than one hundred thousand shillings or to imprisonment
for not less than six months or both such fine and
imprisonment.

101. Any person who-
(a) fails to comply with a lawful requirement

or demand made or given by an
authorized officer;

(b) obstructs a person in the execution of his
powers or duties under this Act.

commits an offence and is liable on conviction to a fine
of not less than one hundred thousand shillings or to
imprisonment of not less than six months or to both such
fine and imprisonment.

102. (1) Any person who-
(a) enters or resides in a national park or

reserve otherwise than under licence,
permit or in the course of his duty as

Offences relating
to compensation

Offenses relating
to failure comply
with a lawful
order.

Breach of
protected area
regulations.


1307
2013 Wildlife Conservation and Management

authorized officer or a person lawfully
employed in the park or reserve, as the
case may be;

(b) sets fire to any vegetation in any wildlife
protected area or allows any fire lighted
by himself or his servants to enter a
wildlife protected area;

(c) carries out logging in a national park or
reserve;

(d) clears and cultivates any land in the
national park or reserve;

(e) wilfully damages any object of
geological, prehistoric, archaeological,
historic, marine or other scientific interest
within a wildlife protected area, or
knowingly removes or attempts to remove
any such object or any portion than in the
course of his duty thereof from wildlife
protected areas;

(f) conveys into a protected area or is found
within a protected area in possession of any
filiarm, ammunition, arrow, spear, snare, trap
or similar device without authorization;

(g) undertakes any extractive activity in marine
protected areas; or,

(h) undertakes any related activity in wildlife
protected areas contrary to the provisions of
this Act:

commits an offence and is liable on conviction to a fine
of not less than two hundred thousand shillings or to
imprisonment of not less than two years or to both such
fine and imprisonment.

(2) No person shall enter into a national park with
any livestock for any purpose without authorization.

(3) Any person who contravenes subsection (2)
commits an offence and is liable upon conviction to a
fine not exceeding one hundred thousand shillings or to
imprisonment for a term not exceeding six months.

(4) The Cabinet Secretary shall make guidelines in

No. 47


1308

No. 47 Wildlife Conservation and Management 2013

consultation with the Service with respect to accessing
national parks for purposes of grazing and watering of
livestock in times of drought and other natural disasters.

Offences by
103. (1) When an offence against this Act, is

bodies corporate. committed by a body corporate, the body corporate and
every director or officer of the body corporate who had
knowledge or ought to have known of the commission of
the offence and who did not exercise due diligence,
efficiency and economy to ensure compliance with this
Act, commits an offence.

(2) Where an offence against this Act is committed
under this Act by a partnership, every partner or officer
of the partnership who had knowledge or ought to have
known of the commission of the offence and who did not
exercise due diligence, efficiency and economy to ensure
compliance with this Act, commits an offence.

(3) A person shall be personally liable for an offence
against this Act, whether committed by him on his own
account or as an agent or servant of another person.

(4) An employer or principal shall be liable for an
offence committed by an employee or agent against this
Act, unless the employer or principal proves that the
offence was committed against his express or standing
directions.

General


104. Without prejudice to the generality of the
provisions. forgoing, nothing in this Act shall stop the arrest,

prosecution and conviction of an offender under the
provisions of any other written law.

Forfeiture. 105. (1) The court before which a person is charged
for an offence under this Act or any regulations made
there-under may, in addition to any other order -

(a) upon the conviction of the accused; or
(b) if it is satisfied that an offence was committed

notwithstanding that no person has been
convicted of an offence,

order that the wildlife trophy, motor vehicle, equipment
and appliance, livestock or other thing by means whereof
the offence concerned was committed or which was used
in the commission of the offence be forfeited to the


1309
2013 Wildlife Conservation and Management
Service and be disposed of as the court may direct.

(2) In making the order of forfeiture under subsection
(1) the court may also order that the cost of disposing of
the substance, motor vehicle, equipment, appliance,
livestock or any other thing provided for in that
subsection be borne by the person convicted there-under.

(3) The court may further order that any licence,
permit or any authorization given under this Act, and to
which the offence relates, be cancelled.

106. (1) An officer shall be personally liable for an
offense committed by that officer against the provisions
of this Act whether committed by that officer on their
own account or as agent or employee:

Provided that no offense will have been committed
where such person was acting in a lawful manner was
discharging their functions in the course of duty.

(2) Any person who has reason to believe that the
provisions of this Act have been, are being, or are about
to be violated, may petition the High Court for—

(a) a declaration that the provisions of
this Act are being, have been, or are
about to be contravened;

No. 47

Commission of
offence in the
course of duty

(b) an injunction restraining any specified
person from carrying out the
contravention;

(c) the writ of mandamus against an
officer or a person who has failed to
perform a duty imposed by or under
this Act; or any remedy at law or
equity for preventing or enforcing the
provisions of this Act.

107. (1) The Director of Public Prosecutions may,
in accordance with the Office of the Director of Public
Prosecutions Act, 2013 and this section, designate
special prosecutors to prosecute wildlife offences under
this Part.

Prosecutorial
powers.


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No. 47 Wildlife Conservation and Management 2013

(2) Notwithstanding the provisions of subsection
(1), the Director of Public Prosecutions may, either on
his or her own or on application of an authorised officer,
delegate his or her prosecutorial powers to such
authorised officer to prosecute offences under this Act.

108. (1) Any person who has reason to believe that
the provisions of this Act have been, are being, or are
about to be violated, may petition the Environment and
Land Court as established under the Environment and
Land Court Act 2011, for appropriate redress.

Restraint of
breaches of the
Act.

International
instruments,
conventions and
agreements
ratified by Kenya..

PART XII—INTERNATIONAL TREATIES,
CONVENTIONS AND AGREEMENTS

109. (1) In order to facilitate compliance with any
international treaty, convention or agreement, whether
bilateral or multilateral, for which the Cabinet Secretary
has been given implementing authority, the Cabinet
Secretary may make regulations and give directions to
ensure compliance with the obligations thereunder.

(2) The treaties, conventions and agreements as
specified under subsection (1) shall be ratified pursuant
to the provisions of the Treaty Making and Ratification
Act, 2012 before implementation by the Cabinet
Secretary.

(3) The Service shall keep a register of all
international treaties, agreements or conventions relating
to the conservation and management of wildlife to which
Kenya is a party.

(4) The Cabinet Secretary may, on recommendation
of the Service —

(a) negotiate and establish trans-boundary or trans-
frontier wildlife conservation areas for the better
management of shared wildlife resources; and

(b) promulgate rules and regulations for effective
management of trans-boundary or trans-frontier
wildlife conservation areas established under this
section.

(5) The Cabinet Secretary shall publish regularly
through the biannual wildlife conservation status report
under section 50(4) insert on the progress of Kenya's


1311
2013 Wildlife Conservation and Management No. 47
i mplementation of wildlife related bilateral or
multilateral environmental agreements to which Kenya is
a party.

PART XIII—ENFORCEMENT AND
COMPLIANCE

110. An authorized officer may—

(a) demand from any person the production
of an authority, license or permit for any
act done or committed by that person in
relation to wildlife resources for which an
authority, permit or license is required
under this Act or under any rules made
thereunder;

(b) require any person found within or
outside wildlife conservation areas who
has in his possession any wildlife
specimen, to produce authority, permit or
licence authorizing him to possess such
wildlife specimens, where no such proof
is produced, arrest and take such person
before a magistrate;

(c) search any person suspected of having
committed an offence under this Act or of
being in possession of any wildlife
specimen in respect of which an offence
has been committed, arrest and detain the
person, seize and detain any baggage,
parcel or house being used to carry or hide
such wildlife specimen by the person or
his agent; or

(d) search any vehicle or vessel and seize and
detain any wildlife specimens in respect
of which there is reason to believe that an
offence has been committed, together
with any tools, equipment, vessels or
vehicles used in the commission of the
offence:

Powers of
authorized
officers.


1312

No. 47 Wildlife Conservation and Management 2013

Provided that the authorized officer detaining the
person and seizing such property shall forthwith take the
person and the seizure to the magistrate having jurisdiction
over the area where the offence takes place within twenty-
four hours;

(e) confiscate any equipment or receptacle
placed for purposes of capturing, harming
or killing wildlife animals; and

(f) conduct investigation and undertake
intelligence gathering as appropriate on any
land, premises, vessels and vehicles to
apprehend suspected offenders of this Act.

(2) Notwithstanding the provisions of sub-section (1)
of this section -

(a) where anything seized and detained under this
section is subject to speedy and natural decay,
and it is not reasonably practicable to take
effective steps to preserve the same, the officer
by whom the same is seized or an officer to
whose orders he is subject may, without
obtaining any order from a court, destroy or
otherwise dispose of that thing if he considers it
desirable so to do; or

(b) where any apparently unlawful means of
hunting cannot be practicably be removed from
its location it may forthwith be rendered
inoperative.

(3) Any authorized officer may-

(a) enter any land, premises, vessel, vehicle,
aircraft or trailer in order to assess the
condition of wildlife thereof or to perform
any such other act which he considers
necessary in the circumstances;


1313
2013 Wildlife Conservation and Management No. 47

(b) require the production of, inspect, examine
and copy licences, permits, registers,
records, management plan and other
documents relating to this Act; and

(c) take all reasonable steps to prevent the
commission of an offence under this Act.

Erection of a
temporary barrier.

111. (1) Any authorized officer of or above the rank
of assistant warden may erect a temporary barrier across
any road or place and any person approaching the barrier
shall, on being required by the officer so to do, stop and
allow the officer to carry out search of his own person
and of any vehicle as may appear to the officer to be
necessary or expedient.

(2) Any person who —

(a) fails to stop or allow a search when so
required under sub-section (1) of this
section ; or

(b) assaults, resists or willfully obstructs any officer
in the exercise of the powers conferred upon such
officer by this section,

commits an offence and shall be liable, on conviction, to
a fine of not less fifty thousand shillings or to
imprisonment for a period of not less than six months or
to both such fine and imprisonment.

112. (1) The President may, through the
Inspector-General of the National Police Service, make
available to the uniformed and disciplined officers of the
Service such firearms as may be necessary for the
Service to carry out its functions under this Act.

(2) The Service shall coordinate and control all
wildlife security issues in all the national parks, national
reserves, wildlife conservancies and sanctuaries in
collaboration with other law enforcement agencies,
counties and community wildlife scouts.

Use of firearms.


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No. 47 Wildlife Conservation and Management 2013

(3) A member of the uniformed and disciplined cadre,
after acquiring the requisite training, and when
authorized by the Director-General, may use firearms for
the following purposes, in the course of and for his
lawful duty—

(a) in the course of law enforcement against-

(i) any person charged with an offence
punishable under this Act, when that person
is escaping or attempting to escape lawful
custody;

(ii) any person who, by force, removes or
attempts to remove any other person from
lawful custody;

(iii) any person who, by force, attempts to
prevent the lawful arrest of himself or any
other person; or

(iv) any person unlawfully hunting any wildlife
using a firearm;

(b) in self-defense or in defense of another officer or
other person;

(c) for the protection of people and property against
any animal causing destruction to human life or
crops or livestock or property;

(d) for the protection and safety of visitors against
banditry or animals;

(e) in the course of problem animal control; and

(f) wildlife veterinary activities.

(4) Notwithstanding the foregoing, a uniformed and
disciplined officer of the Service shall not resort to the use
of firearms-

(a) under paragraph (a)(i) of subsection (3), unless
the officer concerned has reasonable grounds to


1315
2013 Wildlife Conservation and Management No. 47

believe that he cannot otherwise prevent the
escape, and unless he has given ample warning
to such person that he is about to use a firearm
against him, and the warning is unheeded; or

(b) under paragraph (a)(ii), (a)(iii) or (a)(v) of
subsection (3), unless the officer concerned
believes on reasonable grounds that he or any
other person is in danger of grievous bodily
harm, or that he cannot otherwise prevent the
removal, effect the arrest or, as the case may be,
defend himself or the other officer or person.

(5) When a person has been taken into
custody for any offence under this Act, the authorized
officer shall, if it does not appear practicable to bring that
person to the nearest police station or competent court ,
within twenty-four hours after he has been so taken into
custody, detain the person in appropriate premises at the
nearest Service station.

(6) A person arrested and detained in accordance with
subsection (5) of this section shall be brought before a
competent court or the nearest police station within forty-
eight hours.

(7) Any person who, without authorization conveys
into a wildlife conservation area, or being within the area
thereof, is in possession of, any weapon, ammunition,
explosive, trap or poison, commits an offence.

(8) The Cabinet Secretary may, on recommendation of
the Service make rules and regulations in respect of
wildlife security operations in national parks, marine
protected areas, wildlife conservancies and sanctuaries.

PART XIV—MISCELLANEOUS

113. The common seal of and the Service shall be The common seal.
kept in such custody as the Board or Trustees, as the case


1316

No. 47 Wildlife Conservation and Management 2013

may be, may direct and shall not be used except on the
order of the Board or Trustees.

114. No matter or thing done by a member of the
Service or any officer, employee or agent of the Service
shall, if the matter or thing is done bona fide for
executing the functions, powers or duties of the Service,
render the member, officer, employee or agent or any
person acting on his directions personally liable to any
action, claim or demand whatsoever.

115. The provisions of section 114 shall not relieve
the Service of the liability to pay compensation or
damages to any person for any injury to him, his
property or any of his interests caused by the exercise of
the powers conferred upon the Service by this Act or by
any other written law or by the failure, whether wholly
or partially, or any works.

116. The Cabinet Secretary may, on
recommendation of the Service, make regulations for or
with respect to any matter which is necessary or
expedient to be prescribed for carrying out or giving
effect to this Act.

(2) Without prejudice to the generality of the
foregoing, rules and regulations may be made under this
section for-

(a) granting of wildlife user rights;

(b) prescribing the amount of user fees payable
under this Act generally or in particular cases;

(c) specifying the conditions subject to which any
licence, permit or authorization may be granted
or issued under this Act;

(d) regulating activities in the national parks,
national reserves, provisional wildlife
conservation areas, wildlife conservancies and
sanctuaries and the visitor indemnity;

(e) prescribing measures that enhance community
participation in the conservation and
management of wildlife;

Protection from
personal liability

Liability for
damage

Regulations.


1317
2013 Wildlife Conservation and Management No. 47

(f) providing for the protection of endangered and
threatened ecosystems, habitats and species;

(g) prescribing measures and mechanisms for joint
management of protected water towers with
other lead agencies; and

(h) prescribing the manner of nomination of
representatives of communities and other
stakeholders to the Board, Trustees and the
regional wildlife conservation area committees.

(3) Rules made under this section may require acts or
things to be performed or done to the satisfaction of the
Service and may empower the Service or the Service to issue
orders imposing conditions and dates upon, within or before
which such acts or things shall be performed or done.

(4) The provisions of section 27 of the Interpretation
and General Prpvisions Act shall not apply to rules made
under this section.

117. (1) Any dispute that may arise in respect of
wildlife management, protection or conservation shall in
the first instance be referred to the lowest possible
structure under the devolved system of government as set
out in the Devolution of Government Act including
traditional resolution mechanisms.

(2) Any matter that may remain un-resolved in the
manner prescribed above, shall in all appropriate cases be
referred to the National Environment Tribunal for
determination, pursuant to which an appeal subsequent
thereto shall, where applicable, lie to the Environment
and Land Court as established under the Environment
and Land Court Act, 2011.

118. The Wildlife (Conservation and
Management) Act is repealed.

119. Notwithstanding section 118-
(a) any land which, immediately before the

commencement of this Act, was a

Disputes.

Repeal of Cap
376.
Transitional
provisions.


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No. 47 Wildlife Conservation and Management 2013

national park, national reserve, marine
reserves or sanctuary as set out in the
Eleventh Schedule, shall be deemed to
be a national park, marine protected
area or sanctuary, under this Act;

(b) any licenses or permits granted under
that Act and in force immediately
before the commencement of this Act
shall, with the approval of the Service
and upon recommendation of the
Service, be deemed to have been
granted under the provisions of this
Act, and shall remain in force until
revoked in accordance with any terms
in that regard set out in the licence or
permit, as the case may be, or renewed
as a licence or permit under this Act;

Provided that where the licence or permit in force
immediately before the commencement of this Act relates
to activity now outlawed under this Act shall cease upon
the commencement of this Act;

(c) the rules and regulations falling within the
ambit of the Wildlife (Conservation and
Management) Act shall remain in force until
replaced under rules and regulations made
under this Act; and

(d) a person who immediately before the
commencement of this Act was an employee of
the Service under the repealed Act shall
continue to hold or act in that office as if
appointed to that position under this Act, and
all benefits accruing to employees under the
repealed Act shall continue accruing to them
under this Act.


1319
2013 Wildlife Conservation and Management No. 47

FIRST SCHEDULE (s.10)

PROVISIONS RELATING TO THE CONDUCT OF BUSINESS AND
AFFAIRS OF THE BOARD OF TRUSTEES

This schedule shall apply in accordance with the statutory obligations of the State
Corporations Act.

Tenure of office and conduct of business of the Board

1. (1) The chairperson of the Board shall hold office for a term of
three years and shall be eligible for re-appointment for one
further term of three years.

(2) Other than ex-officio members, a member of the Board shall,
subject to the provisions of this section, hold office for a period
not exceeding three years on such terms and conditions as may
be specified in the instrument of appointment, and shall eligible
for re-appointment for one further term of three years.

(3) The members of the Board shall be appointed at different times
so that the respective expiry dates of their terms of office fall at
different times.

(4) A member other than the chairperson an ex-officio member
may—

(a) at any time resign from office by notice in writing
to the Cabinet Secretary;

(b) be removed from office by the Cabinet. Secretary if
the member —

(i) has been absent from three consecutive
meetings of the Board without the permission of
the chairperson; or

(ii) is adjudged bankrupt or enters in to a
composition scheme or arrangement with his
creditors;


1320
No. 47 Wildlife Conservation and Management 2013

(iii) is convicted of an offence involving fraud
or dishonesty;

(iv)is convicted of a criminal offence and sentenced
to imprisonment for a term exceeding six
months or to a fine exceeding ten thousand
shillings;

(v) is incapacitated by prolonged physical or mental
illness;

(vi)is found to have acted in a manner prejudicial to
the aims and objectives of this Act;

(vii) fails to comply with the provisions of this
Act relating to disclosure; or

(viii) is otherwise unable or unfit to discharge the
functions as a member of the Board.

Meetings of the Board

2. (1) The Board shall meet not less than four times in every financial
year, and not more than four months shall elapse between the
date of one meeting and the date of the next meeting:
Provided that the chairperson may call a special meeting of the
Board at any time where he deems it expedient for the
transaction of the business of the Board.

(2) Other than a special meeting, or unless three quarters of
members agree, at least fourteen days' written notice of every
meeting of the Board shall be given to every member of the
Board by the secretary.

(3) The quorum for the conduct of business of the Board shall be
half of the members' and unless a unanimous decision is
reached, decisions shall be by a majority vote of the members
present, and in the case of an equality of votes, the chairperson
or the person presiding shall have a casting vote.

(4) The chairperson shall preside over all meetings of the Board in
which he is present, but in his absence the vice-chairperson
shall preside, and in his absence the members present shall
elect one of their number who shall, with respect to that


1321
2013 Wildlife Conservation and Management No. 47

meeting and the business transacted thereat, have all the
powers of the chairperson.

(5) At the first meeting of the Board, the members shall elect a
vice-chairperson, not being a public servant, from among its
members.

Disclosure and conflict of interest

3. (1) If a member is directly or indirectly interested in any contract,
proposed contract or other matter before the Board and is present at the
meeting of the Board at which the contract, proposed contract or matter is the
subject of consideration, the person shall, at the meeting and as soon as
practicable after the commencement thereof, disclose that fact and shall be
excluded at the meeting at which the contract, proposed contract or matter is
being considered.

(2) A disclosure of interest made under this section shall be recorded in
the minutes of the meeting at which it is made.

4. The Board may regulate its own procedure.


1322

No. 47 Wildlife Conservation and Management 2013

SECOND SCHEDULE (s.12)

PART 1: PROVISIONS RELATING TO THE OFFICERS OF THE
SERVICE

Officers of the Service

1. (1) The officers of the Service shall hold the ranks specified in
subparagraph (2).

(2) The ranks of the officers of the Service referred to in
subparagraph (1) in order of seniority shall be as follows:
(a) Uniformed and Disciplined Officers Cadre

(i) Gazetted Officers
Director-General
Director
Deputy Director
Senior Assistant Director
Assistant Director
Senior Warden

(ii) Senior Officers
Warden
Warden II

(iii) Junior Officers
Assistant Warden I
Assistant Warden II
Assistant Warden III
Cadet

(iv) Rangers
Sergeant Major
Senior Sergeant
Sergeant
Corporal
Ranger

(v) Trainees

Management Trainee
Ranger Recruit

(b) Scientific Cadre


1323
2013 Wildlife Conservation and Management No. 47

Chief Scientist

Senior Principal Scientist

Principal Scientist

Senior Scientist

Scientist I

Scientist II

Scientist III

Research Assistant I

Research Assistant II

Research Assistant III
(c) Other officers appointed by the Trustees on specified

schemes
B. The officers of the Service shall, in the performance of the duties

conferred upon them under this Act and any other written law,
conform to any lawful instructions, directions or orders which
may be given by the Director.

(2) The Director may, with the consent of the Trustees, from time
to time make and issue administrative orders to be called
Service Standing Orders for the general control, direction and
information of the officers of the Service.

Disciplinary Code and Regulations

2. (1) The Director shall, with the approval of the Trustees, issue a
Disciplinary Code for Officers of the Service, which shall apply to the
uniformed and disciplined officers of the Service and which may provide
for the following matters: -

(a) the investigation of disciplinary offences and the hearing
and determination of disciplinary proceedings;

(b) disciplinary penalties and awards; and
(c) any other related matters as pertains to the Act.


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No. 47 Wildlife Conservation and Management 2013

(2) The following disciplinary penalties, or any combination
thereof, may be included in the Disciplinary Code for
infringement of the Code issued under subparagraph (1): -
(a) dismissal from the Service;
(b) reduction in rank;
(c) confinement for not more than fourteen days in a guard

room or restriction to the confines of any camp or other
area where a part of the Service is stationed;

(d) fines;
surcharge;

(e) where the offence has occasioned any expense, loss or
damage, stoppages of pay or allowances;

(f) extra drills, parades or fatigues;
(g) severe reprimand;
(h) reprimand; and
(i) admonition.

(3) A Disciplinary Code issued under this paragraph may provide
that a disciplined officer of the Service committing a
disciplinary offence may be arrested without a warrant by or
on the order of an officer senior to him or placed in command
over him, who may, if circumstances so warrant, confine that
officer or cause that officer to be confined in a building
suitable for the purpose, pending the determination of
disciplinary proceedings:
Provided that no person shall be confined for more than five
days without a warrant being issued for his arrest.

Insubordinate behavior


3. (1) A uniformed and disciplined officer of the Service who-
(a) strikes, or otherwise uses violence on, or threatens violence'

to or incites any other person to use violence on, an officer
senior to or placed in command over him or that other
person; or

(b) uses threatening or insubordinate language to an officer to
or placed in command over him,


1325
2013 Wildlife Conservation and Management No. 47

shall be guilty of an offence and liable to imprisonment for a
term not exceeding one year.

(2) The Director or an officer of or above the rank of Assistant
Director, to whom power so to do has been delegated by the
Director may direct that an offence committed under this
paragraph be dealt with under the Code.

Desertion and Absenteeism

4. (1) A uniformed and disciplined officer of the Service who
absents himself from duty without leave or just cause for a
period of or exceeding twenty-one days shall, unless he proves
the contrary, be deemed to have deserted from the Service.

(2) A uniformed and disciplined officer who deserts the Service
shall forfeit any pay or allowance due to him, and subject to
the provisions of the Retirement Benefits Act be paid such
pension, provident fund or any other scheme operated by the
Service, less liabilities due to the Service and in addition, such
member shall be liable to disciplinary action.

(3) No pay or allowance shall be paid to a uniformed and
disciplined officer in respect of any day during which he is
absent from duty without leave, unless the Director otherwise
directs.

(4) Any uniformed and disciplined officer who deserts from the
Service for a cumulative and successive period of or exceeding
twenty-one days shall be guilty of an offence and liable to
disciplinary action.

(5) Any uniformed and disciplined officer who, upon being
dismissed from the Service, or who deserts from the Service
for a period of twenty-one days and does not surrender the
property of the Service or the Government within a period of
or not exceeding seven days from the date of dismissal or
desertion, shall be guilty of an offence and liable to
imprisonment for one year or a fine not exceeding fifty
thousand shillings or both such fine and imprisonment.


1326

No. 47 Wildlife Conservation and Management 2013

Prohibition from joining trade unions

5. (1) No officer of the Service shall be or become a member of-

(a) a trade union or any body or associate affiliated to a trade
union;

(b) a body or association the objects or one of the objects of
which is to control or influence conditions of employment
in a trade or profession; or

(c) a body or association the objects, or one of the objects of
which, is to control or influence pay, pension or conditions
the Service other than a staff association established and
regulated by rules or regulations made under this Act.

(2) An officer of the of the Service who contravenes sub-
paragraph ( I) shall be liable to be dismissed from the Service
and subject to the provisions of the Retirement Benefits Act be
paid such pension, gratuity, provident fund or any other
scheme operated by the Service, less liabilities due to the
Service.

2. If a question arises as to whether a body is a trade union or an
association to which this paragraph applies, such question shall be
referred to the Cabinet Secretary whose decision thereon shall be
final.

Definition

1. In this Part, "uniformed and disciplined officer" means an
officer specified in subparagraph (2) (b) of paragraph 1.


1327
2013 Wildlife Conservation and Management No. 47

PART II

OATH OF ALLEGIANCE

"I, do hereby Swear by
Almighty God (or do hereby solemnly and sincerely affirm) that I will
give faithful and loyal service during my service in Kenya Wildlife
Service and that I will bear true allegiance to the President and the
Republic of Kenya: that I will subject myself to all Acts, Orders and
Regulations now or in the future in force relating to my service in
Kenya Wildlife Service; that I will obey all lawful orders of the
officers placed over me; and that I will discharge all the duties of a
Kenya Wildlife Service officer according to law, without fear, favour,
affection or (so help me God").

Signature of Declarant

Personal Number

Sworn/affirmed before me

On the


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No. 47 Wildlife Conservation and Management 2013

THIRD SCHEDULE (S.25)

WILDLIFE SPECIES IN RESPECT OF WHICH COMPENSATION MAY
BE PAID

A. Death and Injury
Elephant
Lion
Leopard
Rhino
Hyena
Crocodile
Cheetah
Buffalo
Poisonous snakes
Hippo
Shark
Stone Fish
Whale
Sting ray
Wild dog
Wild pig

B. Crop, livestock and property damage
Elephant
Lion
Leopard
Rhino
Hyena
Crocodile
Cheetah
Buffalo
Hippo
Zebra
Eland
Wildebeest
Snake Wild dog


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2013 Wildlife Conservation and Management No. 47

FOURTH SCHEDULE (s.34)

PROVISIONS AS TO PUBLIC CONSULTATION

Requirement for public consultation

1. (1) Where this Act imposes a requirement for public consultation,
the responsible authority shall publish a notice in relation to the
proposal —
(a) in the Gazette;
(b) in at least three national newspapers;
(c) in at least one newspaper circulating in the locality to

which the proposal relates; and
(d) in at least one Kenyan radio station broadcasting in the

locality.
(2) The notice shall in each case —

(a) set out a summary of the proposal;
(b) state the premises at which the details of the proposal may

be inspected;
(c) invite written and or oral presentations and comments on

the proposal;
(d) specify the person or body to which any such presentations

and comments are to be submitted; and
(e) specify a date and place by which any such comments are

required to be received, not being a date earlier than sixty
days after publication of the notice.


2. The responsible authority shall make arrangements for the
public to obtain copies, at reasonable cost, of documents
relating to the proposal which are in the possession of the
responsible authority.


3. The responsible authority shall consider —
(b) any written comments or objections received on or before

the date specified under paragraph 1(2) (e); and
(c) any comments whether in writing or not, received at any


1330

No. 47 Wildlife Conservation and Management 2013

public meeting held in relation to the proposal at which the
responsible authority was represented, or pursuant to any
other invitation, to comment.

4. The responsible authority shall publish, through the same
media as were employed pursuant to paragraph 1, notice of the
fact a copy of the decision in writing of the responsible
authority in relation to the proposal, and of the reasons thereof,
is available for public inspection at the same premises as were
notified under paragraph 1(2) (b).

5. Where rules made under this Act so require, the responsible
authority shall cause a public meeting to be held in relation to a
proposal before the responsible authority makes its decision on
the proposal.


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2013 Wildlife Conservation and Management No. 47

FIFTH SCHEDULE (s.44)

MANAGEMENT PLANS

PART I—GENERAL

(1) A management plan is the instrument in which all the ingredients
for active management are described, in particular which
organizations will undertake what responsibilities and what actions
are intended to achieve what ends. However, despite being a
primary tool, management plans often go unused because of a
failure to see management plans as a dynamic working document
requiring annual updates and because of a tendency to be over
elaborate.

(2) The level of planning should be tailored to the capacities of the
agencies and communities involved. Management planning should
be a practical tool – one that can be created in simple form and
built upon over time, using progress reports.

(3) A management plan process includes the production of an annual
compliance report and a 5 year third-party management report.

PART 2 – PLANNING FRAMEWORK

(1) The following are information that should be included as a minimum:

• a legal description of the area covered (whether national,
provincial, local or some other designation). A legal
description may include or officially recognize customary land
boundaries and/or natural boundaries (e.g. rivers, river basins,
mountain ranges, etc.);

• a brief statement of the wildlife management goals and
objectives;

• the time period for which the plan is valid;

• the species covered by the plan;
a description of habitat types, amounts, and plant composition
(where possible);

A description of the activities being undertaken;


A report detailing the participation of neighbouring
communities in the preparation of the plan;

• A description of the anticipated benefits and beneficiaries

(2) As the complexity of the protected area increases in terms of size,


1332

No. 47 Wildlife Conservation and Management 2013

habitats, species, proposed activities, then the following incremental
information should be included for non-consumptive utilization:

• the provision of zones and the management objectives for each
zone;

• the identification of tourist carrying capacities;
• the quality targets to be met in terms of price and volume;
• the provision of tourist management regulations;
• the provisions for the management of habitats and species

(particularly important in 'closed' ecosystems;
• the management of migratory species;
• the identification of key breeding areas;
• the management of potential conflict with neighbouring

communities;
• the scale and location of any infrastructural development;
• the monitoring to be undertaken and its frequency;
• any relevant historical information.

(3) And for consumptive utilization, the following information should be
additionally included:

• data on historical wildlife culling, cropping, hunting, where
such information is available;

• an approved method for determining sustainable off take
levels; and

• proof of compliance with the Eleventh Schedule and any other
legal requirement set out in this Act.


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2013 Wildlife Conservation and Management No. 47

SIXTH SCHEDULE (s.47)

NATIONALLY LISTED CRITICALLY ENDANGERED, VULNERABLE,
NEARLY THREATENED AND PROTECTED SPECIES

(A) MAMMALS
Category and species name Common name

Critically Endangered

Cephalophus adersi Aders' duiker
Diceros bicornis Black rhinoceros
Beatragus hunter Hirola
Procolobus rufomitratus Eastern red colobus
Cercocebus galeritus Tana crested mangabey
Hippotragus equines Roan antelope
Hippotragus niger Sable antelope

Endangered

Ceratotherium simunz simum White rhino
Balaenoptera borealis Coalfish whale
Balaenoptera musculus Blue whale
Equus grevyi Grevy's zebra
Lycaon pictus African wild dog
Grammomys gigas Giant thicket rat
Otomys barbouri Barbour's vlei rat
Otomys jacksoni Mount elgon vlei rat
Rhynchocyon chrysopygus Golden-rumped elephant shrew
Tragelaphus eurycerus isaaci Eastern bongo
Loxodonta Africana African elephant
Panthera leo African lion
Acinonyx jubatus Cheetah
Hyaena Hyaena Striped hyaena
Tragelaphus spekii Sitatunga
Panthera pardus Leopard
Alcelaphus buselaphus Lelwel hartebeest
Giraffa camelopardalis rothschildi Rothschild's giraffe

Giant forest hog


1334

Ng. 47 Wildlife Conservation and Management
2013

Category and species name Common name

Vulnerable

Cloeotis percivali Percival's trident bat
Hippopotamus amphibious Common hippopotamus
Myonycteris relicta East african little collared fruit bat
Megaptera novaeangliae Hump whale
Dugong dugong Dugong
Physeter macrocephalus Sperm whale
Bdec gale jacksoni Jackson's mongoose
Rhyn.'hocyon petersi Black and rufous elephant shrew
Pelomys hopkinsi Hopkins's groove-toothed swamp rat
Tapho-ous hildegardeae Hildegarde's tomb bat
Gazella soemmerringii Soemmerring's gazelle
Profelis aurata African golden cat
Rhinopoma macinnesi Macinnes's mouse-tailed bat
Surdisorex norae Aberdare shrew
Surdisorex polulus Mt. Kenya shrew
Tachyoryctes audax Audacious mole rat
Mastomys pernanus Dwarf multimammate mouse
Myonycteris relicta East african little collared fruit bat
Dendrohyrax validus Eastern tree hyrax
Crocidura elgonius Elgon shrew
Crocidura fischeri Fischer's shrew
Taphozous hamiltoni. Hamilton's tomb bat
Crocidura allex Highland shrew
Taphozous hildegardeae Hildegarde's tomb bat
Tadarida lobata Kenyan big-eared free-tailed bat
Otomops martiensseni Large-eared free-tailed bat
Beamys hindei Lesser hamster-rat
Paraxerus palliates Red bush squirrel
Crocidura monax Rombo shrew
Crocidura fumosa Smoky white-toothed shrew
Physeter catodon Sperm whale
Lutra maculicollis Spotted-necked otter
Pedetes capensis Springhare
Crocidura xantippe Vermiculate shrew


1335
2013 Wildlife Conservation and Management


No. 47

Category and species name Common name

Crocuta crocuta Spotted hyaena
Tragelaphus imberbis Lesser kudu
Tragelaphus strepsiceros Greater kudu

(B) BIRDS
Category and Species Name Common Name

Critically Endangered

Apalis fuscigularis Taita Apalis
Turdus helleri Taita Thrush
Endangered

Ardeola idea Madagascar Pond-heron
Falco cherrug Saker Falcon
Neophron percnopterus Egyptian Vulture
Otus ireneae Sokoke Scops-owl
Cisticola aberdaro Aberdare Cisticola
Acrocephalus griseldis Basra Reed-warbler
Eremomela turneri Turner's Eremomela
Zoothera guttata Spotted Ground-thrush
Anthreptes pallidigaster Amani Sunbird
Ploceus golandi Clarke's Weaver
Macronyx sharpie Sharpe's Longclaw
Anthus sokokensis Sokoke Pipit
Vulnerable

Falco naumanni Lesser Kestrel
Trigonoceps occipitalis White-heal Vulture
Torgos tracheliotos Lappetta*Vulture
Aquila clanga Greater Spotted Eagle
Aquila heliacal Eastern Imperial Eagle
Glareola ocularis Madagascar Pratincole
Hirundo atrocaerulea Blue Swallow
Apalis chariessa White-winged Apalis
Apalis karamojae Karamoja Apalis
Chloropeta gracilirostris Papyrus Yellow Warbler


1336

No. 47 Wildlife Conservation and Management


2013

Category and Species Name Common Name

Turdoides hindei Hinde's Pied-babbler
Cinnyricinclus femoralis Abbott's Starling
Muscicapa lendu Chapin's Flycatcher
Near Threatened

Francolinus streptophorus Ring-necked Francolin
Oxyura maccoa Maccoa Duck
Phoeniconaias minor Lesser Flamingo
Falco vespertinus Red-footed Falcon
Falco -oncolor Sooty Falcon
Falco fasciinucha Taita Falcon
Gyps al-icanus White-backed Vulture
Gyps rueppellii Rueppell's Vulture
Circaetus fasciolatus Southern Banded Snake-eagle
Circus macrourus Pallid Harrier
Neotis denhami Denham's Bustard
Crex crex Corncrake
Balearica pavonina Black Crowned-crane
Charadrius pallidus Chestnut-banded Plover
Gallinago media Great Snipe
Limosa limosa Black-tailed Godwit
Numenius arquata Eurasian Curlew
Larus leucophthalmus White-eyed Gull
Rynchops flavirostris African Skimmer
Streptopelia reichenowi White-winged Collared-dove
Psittacus erithacus Grey Parrot
Tauraco fischeri Fischer's Turaco
Coracias garrulous European Roller
Prionops poliolophus Grey-crested Helmet-shrike
Laniarius mufumbiri Papyrus Gonolek
Sheppardia gunning East Coast Akalat
Ficedula semitorquata Semi-collared Flycatcher
Anthreptes reichenowi Plain-backed Sunbird
Euplectes jacksoni Jackson's Widowbird
Anthus melindae Malindi Pipit
Protected species


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2013 Wildlife Conservation and Management No. 47
Category and Species Name Common Name

Struthio camelus Ostrich
Sagittarius serpentarius Secretary Bird
Francolinus streptophorus Ring-necked Francolin
Podiceps cristatus Great Crested Grebe
Ephippiorhynchus senegalensis Saddle-billed Stork
Bostrychia olivacea Olive Ibis
Ardea alba Great White Egret
Anhinga rufa African Darter
Haliaaetus vocifer African Fish Eagle
Trigonoceps occipitalis White-headed Vulture
Aquila ayresii Ayres's Hawk-Eagle
Polemaetus bellicosus Martial Eagle
Stephanoaetus coronatus Crowned Eagle
Neotis denhami Denham's Bustard
Sarothrura affinis Striped Flufftail
Porzana pusilla Baillon's Crake
Podica senegalensis African Finfoot
Balearica regulorum Grey Crowned Crane
Turnix hottentotus Black-rumped Buttonquail
Bubo capensis Cape Eagle-Owl
Glaucidium tephronotum Red-chested Owlet
An.,, niansae Nyanza Swift
Alcedo quadribrachys Shining-blue Kingfisher
Phoeniculus castaneiceps Forest Wood-hoopoe
Phoeniculus damarensis Violet Wood-hoopoe
Lanius dorsalis Taita Fiscal
Ptilostomus afer Piapiac
Galerida theklae Thekla Lark
Hyliota australis Southern Hyliota
Illadopsis rufipennis Pale-breasted Illadopsis
Buphagus erythrorhynchus Red-billed Oxpecker
Buphagus africanus Yellow-billed Oxpecker
Cinnyris tsavoensis Tsavo Sunbird
Passer rufocinctus Kenya Rufous Sparrow
Ploceus castaneiceps Taveta Golden Weaver
Crithagra koliensis Papyrus Canary


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No. 47 Wildlife Conservation and Management


2013

Category and Species Name Common Name

Eiythrocercus holochlorus Yellow flycatcher

(C) Reptiles
Category and Species Name Common Name

Critically Endangered

Eretmochelys imbricate Hawksbill turtle
Petropedetes dutoiti Du Toit's Torrent Frog
Endangered

Chelonia mydas Green turtle
Lepidochelys olivacea Olive ridley
Python sebae Rock python
Afrixalus sylvaticus Shimba Hills banana frog
Hyperolius rubrovermiculatus Shimba Hills reed frog
Afrixalus sylvaticus Forest frog
„Hyperolius rubrovermiculatus Treefrog
Phrynobatrachus irangi Mount Kenya Frog
Threatened

Malacochersus tornieri Crevice tortoise
Pelusios broadleyi Turkana mud turtle
Bufo kerinyagae Montane toad

Vulnerable
.

Hyperolius cystocandicans Montane Tree Frog
Atherts desaixi Mt. Kenya bush viper

Protected species

Lepidochelys kempii Kemp's ridley
Chelonia agassiz' Black turtle
Caretta caretta Loggerhead
Dermochelys coriacea .Leatherback
Pelusios castanoides Yellow-bellied hinged terrapin


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2013 'Wildlife Conservation and Management No. 47
Category and Species Name Common Name

Hemidactylus modestus tropical geckos
Hemidactylus platycephalus Baobab gecko
Lygosoma tanae Writhing skink
Gastropholis prasina Keel-bellied lizard
Cordylus tropidosternum Girdled-lizard
Leptotyphlops boulengeri Worm snakes
Aparallactus turneri Gunther's centipede-eater
Dasypeltis medici East African egg eating snakes
Naja ashei Large brown spitting cobra
Naja nigricollis Black necked spotters
Varanus albigularis Savannah monitor lizard
Philothamnus punctatus Speckled bush snake
Bitis arietans Puff adder
Dendroaspis angusticeps Green mamba
Bufo nairobiensis Nairobi toad
Leptopelis argenteus Silvery tree frog
Bufo taitanus 'Nita toad
Lgplaggliakiffunaciiiatiis Yellow-spotted tree frog
Eh4fo turkanae Turkana Toad
Afrixalus delicatus Delicate Spiny Reed Frog
Hyperolius marmoratus Painted Reed Frog
Hyperolius nasutus Long Reed Frog
Hyperolius puncticulatus Spotted Reed Frog
H_vperolius pusillus Water Lily Reed Frog
Eryx colubrinus Kenya sand boar
Chamaeleo bitaeniatus Side-striped chameleon
Chamaeleo dilepis Flap-neck Chameleon
Chamaeleo ellioti Elliot's Chameleon
Chamaeleo Hohnelii High Casqued . Chameleon

Chamaeleo jacksoni
Jackson's Chameleon (Three-horned
Chameleon)

Chamaeleo schubotzi Mount Kenya Chameleon
Bitis gabonica gabonica Gaboon Viper

Black and Red Skink

(D) Fish


1340

No. 47 Wildlife Conservation and Management
2013

Category and species name Common name

Critically Endangered

Oreochromis esculentus Singidia tilapia
Oreochromis hunter Lake chala tilapia
Oreochromis jipe Jipe tilapia
Oreochromis variabilis Victoria tilapia
Ptyochromis sp. nov. Rainbow sheller
Xenoclarias eupogon Lake victoria deepwater catfish
Platycypha amboniensis Montane dancing-jewel
Endangered

Alcolapia alcalicus Magadi tilapia
Cheilinus undulates Giant wrasse
Marcusenius victoriae Victoria stonebasher
Xystichromis nuchisquamulatus Kyoga flameback
Vulnerable

Carcharias Taurus Grey nurse shark
Thunnus obesus Bigeye tuna
Rhincodon typus Whale shark
Urogymnus asperrimus Porcupine ray
Carcharhinus longimanus Oceanic whitetip shark
Carcharodon carcharias Great white shark
Rhina ancylostoma Bowmouth guitarfish
Taeniura meyeni Black-blotched stingray
Rhynchobatus djiddensis Giant guitarfish
Pseudoginglymostoma
brevicaudatum Shorttail nurse shark
Epitephelus lanceolatus Brindle bass
Nothobranchius patrizii Blue notho
Nothobranchius bojiensis Boji plains nothobranch
Nothobranchius elongates Elongate nothobranch
Labeo percivali Ewaso nyiro labeo


No. 47

Category and species name Common name

Endangered

Encephalartos kisambo Voi cycad
Osyris lanceolata East african sandalwood
Vulnerable

Prunus Africana Red stinkwood
Vitex keniensis Meru oak
Ocotea kenyensis Camphor
Polyscias kikuyuensis Parasol tree
Aloe ballyi Rat aloe
Populus ilicifolia Tana river poplar

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2013


Wildlife Conservation and Management

(E) TREES


1342
No. 47 Wildlife Conservation and Management 2013

SEVENTH SCHEDULE


(s.49(1))

NATIONAL LIST OF INVASIVE SPECIES

A. Mammals

Species name Common name

Myocastor coypus Coypu rat

B. Birds

Specks name Common name

Colius striatus Speckled Mousebird
Phasial us colchicus Ring-necked pheasant
Cygnus olor Mute Swan

.Fringilla coelebs Chaffinch
Carpodacus mexicanus House Finch
Acridotheres tristis Common Indian Myna
Psittacula krameri Rose-ringed (Ring-necked) Parakeet
Sturnus vulgaris Common (European) Starling
Columba livia Rock Dove (Feral pigeon)
Ptilinopus pulchellus Beautiful fruit dove
Ptilinopus leclancheri Black-chinned fruit dove
Ptilinopus coronulatus Coroneted fruit dove
Ptilinopus roseicapilla Mariana fruit dove
Ptilinopus perlatus Pink-spotted fruit dove
Ptilinopus magnificus Wompoo fruit dove
Colius striatus Speckled Mousebird
Corvus splendens House Crow
Quelea quelea Red-billed Quelea

C. Reptiles and Amphibians

Species name Common name

Agama agama Red-headed agama lizard
Sphenodon guntheri Brother's Island tuatara lizard
Aspidoscelis hyperythra beldingi Orange-throated whiptail lizard
Lampropholis delicata, Rainbow kopje skink


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2013 Wildlife Conservation and Management


No. 47

Boiga irregularis Brown tree snake
Crotalus exsul Red diamond rattlesnake
Geochelone platynota Burmese star tortoise

D. Plants

Species name Common name

Prosopis juliflora Mathenge (Velvet mesquite)
Lantana camara Tickberry
Pistia stratiotes Nile Cabbage
Thevetia peruviana Yellow oleander
Caesalpinia decapelata Mauritius thorn
Datura stramoniun Jimsonweed
Tecoma stans Yellow bells
Argemone mexicana Mexican poppy
Opuntia exaltata Long spine cactus
Opuntia ficus - indica Sweet prickly pear
Opuntia vulgaris " Drooping prickly pear
Eichhornia crassipes Water hyacinth
E Invertebrates

Acanthaster planci — Crown of thorns starfish


1344

No. 47 Wildlife Conservation and Management 2013

EIGHTH SCHEDULE (s.80(3))

LICENSING

PART I—CONSUMPTIVE WILDLIFE UTILISATION

General

(1) In considering the license application for consumptive wildlife
utilization, the Service shall have regard to the material
considerations which include:

(a) an integrated land use plan of the area;
(b) the need to protect fragile environmental resources, ecosystems
and habitats;
(c) an environmental impact assessment licence issued under the
Environmental Management and Coordination Act, No. 8 of 1999;
and
(d) a recommendation from the Service and the county wildlife
conservation area committee whose area of jurisdiction falls
wholly or partially within the region.

(2) After considering an application made under this section and all
matters appearing relevant thereto, the Service may grant to the applicant
the licence or variation applied for or may refuse such grant, and may
attach to any licence so granted such conditions as the Service may deem
expedient.
(3) Every licence shall expire on the 31st December of the year in respect
of which it is issued or on the date specified in the licence.
Live Sale
(4) The Cabinet Secretary may, on recommendation of the Service after
consultation with the Service, grant sale of live animals in game farming
operations: Provided that such sale of live animals shall be done under the
supervision of the Service and in consultation with the respective county
wildlife conservation area committee.
Cropping
(5) Subject to the rules and regulations made under this section, the
Cabinet Secretary may, on recommendation of the Service after
consultation with the Service, grant cropping to be undertaken in game
farming and ranching operations where applicable: Provided that cropping
shall not be done in contravention of the provisions of this Act or be in
conflict with the long term goal of wildlife conservation and management.


1345
2013 Wildlife Conservation and Management No. 47
Culling
(6) The Cabinet Secretary may, on recommendation of the Service,
authorize culling of wildlife in a wildlife conservation area as a
management tool: Provided that such culling shall be done by or under the
supervision of the Service as a last resort after such other management
tools such as translocation has been explored.
Maintaining records
(7) The Service shall keep record of wildlife trophies from the cropping
and culling operations to mitigate against poaching and illegal trade in
wildlife trophies.
Processing trophies
(8) The Service may, on recommendation of the Service, authorize local
processing and sale of wildlife trophies from the cropping activities under
the supervision of the Service.
Donating wildlife
(9) The Cabinet Secretary may on recommendation of the Service and
approval by resolution of the National Assembly, donate wildlife as a gift
to another state for non-commercial purposes.
Sport Hunting
(10) Sport hunting is prohibited and any person engaging in sport hunting
or any other recreational hunting will be committing an offence and shall
be liable on conviction to a fine or to imprisonment or to both such fine
and imprisonment.

Subsistence Hunting
(11) Hunting for the purposes of subsistence or facilitating the trade in
wildlife products, particularly the bushmeat trade, is prohibited and any
person engaging in such activity will be committing an offence and is
liable on conviction to a fine or to imprisonment for a term or to both such
fine and imprisonment.

PART 2 — DEALING IN TROPHIES
(1) A trophy dealer's license may be issued in respect of certain classes of

trophy only, as may be endorsed on the license, and the holder thereof
shall not deal in trophies other than those so endorsed.

(2) A trophy dealer's licence shall not be transferable, and no person other
than the person to whom it is issued shall make use of such licence


1346

No. 47 Wildlife Conservation and Management 2013

(3) A trophy dealer's license shall be valid for one year from the date at
which it is issued, provided that the Service may forthwith cancel the
license of any trophy dealer convicted of an offence under this Act

PART 3 — PRESCRIPTION
(1) The Cabinet Secretary may, on recommendation of the Service after

consultation with the Service, by notice in the Gazette, prescribeN
standards, guidelines and rules as are necessary and appropriate, to-
carry out the purposes of this schedule.

NINTH SCHEDULE (s.96(2))

WILDLIFE CATEGORIES IN RELATION TO OFFENCES AND
PENALTIES IN SPORT AND RECREATIONAL HUNTING

Category A
Critically endangered mammals as set out in the Sixth Schedule
Black Rhinoceros

White Rhinoceros

African Elephant
Category B
All other endangered and vulnerable mammals as set out in the Sixth
Schedule
All birds listed in fifth schedule

All reptiles listed in fifth schedule

Category C
Ali other mammals

All other birds

Sea Shells


1347
2013 Wildlife Conservation and Management No. 47

TENTH SCHEDULE (s.80(4))

WILDLIFE SPECIES FOR WHICH GAME FARMING MAY BE
ALLOWED

Animals
Crocodile
Tortoise
Chameleon
Reptiles (other than snakes)
Snails
Frog
Lizards
Butterfly
Snake (for display and venom extraction, export of live for breeding)

Plants
Aloe
Prunus Africana
Osyris lanceolata - East African Sandalwood
Mondia whytei - White's Ginger (Mkombera)

Ocimum kilimanscharicum - Camphor Basil

Birds
Ostrich
Pigeon (except those listed in the Fifth Schedule)
Doves (except those listed in the Fifth Schedule)
Ducks
Helmeted Guinea fowl
Vulturine Guinea fowl
Quelea


1348

No. 47 Wildlife Conservation and Management 2013

ELEVENTH SCHEDULE (s.119(a))

NATIONAL PARKS, MARINE PROTECTED AREAS AND
SANCTUARIES

National Parks (N.P)

Park Name
Area in
Sq. Km Park Name

Area in Sq.
Km

1. Tsavo East N. P. 11,747 16 Mt. Elgon N. P 169

2. Tsavo West N. P. 9,065 17 Saiwa Swamp N. P. 2

3. Aberdares N. P. 765.7 18 Ndere Island N.P. 42

4. Mt. Kenya N. P. 715 19 Malka Mari N. P. 876

5 Lake Nakuru N. P. 181 20 Chyulu Hills N. P. 736

6. Amboseli N. P. 392 21 Central Island N. P. 5

7. Nairobi N. P. 117 22 Ruma N. P. 120

8. Meru N. P. 870 23 Arabuko N. P. 6

9. Kora N. P. 1,787

10. South Island N.P. 39 Marine Parks

11. Mt. Longonot N. P. 52 24
Mombasa Marine N.
P. 26.093

12. Hell's Gate N. P 68 25 Watamu Marine N. P 10

13. Oldonyo Sabuk N. P. 18 26 Mpunguti N. P. 28

14. Marsabit N. P 68 27 Malindi Marine N.P. 6

15. Sibiloi N. P. 1,570

National Reserves (NR)

Reserve Name Area in
Sq. Km

Reserve Name Area in
Sq. Km

1. Marsabit N. R. 1,564 19. Boni N. R. 1,339
2. South Turkana N. R. 1,019 20. Dodori N. R. 877
3. Nasalot N. R. 194 21 Tana River Primate N.

R
169

4. Losai N. R. 1,806 22. Shimba Hills N. R. 192
5. Shaba N. R. 239 23. Chepkitalel N. R. 178.2


1349
2013 Wildlife Conservation and Management No. 47
6. Samburu N. R. 165 24. Nyambene N. R. 640.6
7. Buffalo Springs N. R. 131 25.Mt. Kenya N. R. 2,124
8. Bisinadi N. R. 606 26. Tsavo Road &

Railways N. R.
212

9. Rahole N. R. 1,270 27. Nga Ndethia N. R. 212
10. North Kitui N. R 745 28. Laikipia N. R. 165
11. Lake Bogoria N. R. 107
12. Kamnarok N. R. 87.7 Marine Reserves
13. Kerio Valley N. R. 66
14. Kakamega N. R. 44.7 29. Malindi Marine N. R. 213
15. Masai Mara N. R. 1,510 30. Watamu Marine N. R 32
16. South Kitui N. R. 1,133 31. Mombasa Marine N.

R.
200

17. Mwea N. R. 68 32. Mpunguti Marine N.
R.

11

18. Arawale N. R. 533 33. Kiunga Marine N. R. 250
34. Diani-Chale Marine
N. R.

165

National Sanctuary (NS)

1. Maralal N.S. (Km2) 5 3. Ondago Swamp (ha) 24.8
2. Lake Simbi (Ha) 41.7 4. Kisumu Impala N. S. 0.34


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Law clause

  • ART 3
  • section 68
  • section 118
  • section (1
  • section ( 1
  • section 1(b)
  • section 18
  • section. 117
  • art 1
  • section 65
  • section. (3
  • section (2
  • section. (9
  • section 53
  • section. 61
  • section (1
  • section. 86
  • section (4
  • section 11
  • section 27
  • section. (5
  • section 50(4)
  • section 53(1)
  • ART 1
  • section (2
  • section 56(2)
  • section (5
  • section. 63
  • section (3
  • section 12(5)
  • section 6
  • Article 66
  • ART 2
  • Article 67
  • section. 47
  • section 80
  • section 114

Filename extension

pdf

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xmp_CreatorTool:
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  • 1
  • 1
  • 1
  • 1
  • 1
  • 1
  • 1
  • 1
  • 1
  • 1
  • 1
  • 1
  • 1
  • 1
  • 1
  • 1
  • 1
  • 1
  • 1
  • 1
  • 1
  • 1
  • 1
  • 1
  • 1
  • 1
  • 1
  • 1
  • 1
  • 1
  • 1
  • 1
  • 1
  • 1
  • 1
  • 1
  • 1
  • 1


X-TIKA_parse_time_millis:
  • 483
  • 2
  • 1
  • 1
  • 1
  • 1
  • 1
  • 1
  • 1
  • 1
  • 1
  • 1
  • 1
  • 1
  • 1
  • 1
  • 1
  • 1
  • 1
  • 2
  • 1
  • 1
  • 1
  • 1
  • 1
  • 1
  • 1
  • 2
  • 1
  • 0
  • 1
  • 1
  • 1
  • 1
  • 1
  • 2
  • 2
  • 1
  • 2
  • 2
  • 3
  • 1
  • 1
  • 1
  • 1
  • 2
  • 1
  • 1
  • 1
  • 0
  • 1
  • 1
  • 1
  • 1
  • 1
  • 1
  • 1
  • 1
  • 1
  • 1
  • 1
  • 0
  • 1
  • 1
  • 1
  • 1
  • 1
  • 1
  • 0
  • 1
  • 1
  • 1
  • 1
  • 1
  • 0
  • 0
  • 0
  • 0
  • 1
  • 1
  • 1
  • 1
  • 1
  • 0
  • 1
  • 1
  • 1
  • 1
  • 1
  • 1
  • 1
  • 1
  • 1
  • 0
  • 1
  • 1
  • 1
  • 0
  • 1
  • 1
  • 1
  • 1
  • 1
  • 1
  • 2
  • 1
  • 1
  • 1
  • 1
  • 1
  • 1
  • 1
  • 1
  • 1
  • 1
  • 1
  • 2


X-TIKA_embedded_resource_path:
  • /image0.jb2
  • /image1.jb2
  • /image2.jb2
  • /image3.jb2
  • /image4.jb2
  • /image5.jb2
  • /image6.jb2
  • /image7.jb2
  • /image8.jb2
  • /image9.jb2
  • /image10.jb2
  • /image11.jb2
  • /image12.jb2
  • /image13.jb2
  • /image14.jb2
  • /image15.jb2
  • /image16.jb2
  • /image17.jb2
  • /image18.jb2
  • /image19.jb2
  • /image20.jb2
  • /image21.jb2
  • /image22.jb2
  • /image23.jb2
  • /image24.jb2
  • /image25.jb2
  • /image26.jb2
  • /image27.jb2
  • /image28.jb2
  • /image29.jb2
  • /image30.jb2
  • /image31.jb2
  • /image32.jb2
  • /image33.jb2
  • /image34.jb2
  • /image35.jb2
  • /image36.jb2
  • /image37.jb2
  • /image38.jb2
  • /image39.jb2
  • /image40.jb2
  • /image41.jb2
  • /image42.jb2
  • /image43.jb2
  • /image44.jb2
  • /image45.jb2
  • /image46.jb2
  • /image47.jb2
  • /image48.jb2
  • /image49.jb2
  • /image50.jb2
  • /image51.jb2
  • /image52.jb2
  • /image53.jb2
  • /image54.jb2
  • /image55.jb2
  • /image56.jb2
  • /image57.jb2
  • /image58.jb2
  • /image59.jb2
  • /image60.jb2
  • /image61.jb2
  • /image62.jb2
  • /image63.jb2
  • /image64.jb2
  • /image65.jb2
  • /image66.jb2
  • /image67.jb2
  • /image68.jb2
  • /image69.jb2
  • /image70.jb2
  • /image71.jb2
  • /image72.jb2
  • /image73.jb2
  • /image74.jb2
  • /image75.jb2
  • /image76.jb2
  • /image77.jb2
  • /image78.jb2
  • /image79.jb2
  • /image80.jb2
  • /image81.jb2
  • /image82.jb2
  • /image83.jb2
  • /image84.jb2
  • /image85.jb2
  • /image86.jb2
  • /image87.jb2
  • /image88.jb2
  • /image89.jb2
  • /image90.jb2
  • /image91.jb2
  • /image92.jb2
  • /image93.jb2
  • /image94.jb2
  • /image95.jb2
  • /image96.jb2
  • /image97.jb2
  • /image98.jb2
  • /image99.jb2
  • /image100.jb2
  • /image101.jb2
  • /image102.jb2
  • /image103.jb2
  • /image104.jb2
  • /image105.jb2
  • /image106.jb2
  • /image107.jb2
  • /image108.jb2
  • /image109.jb2
  • /image110.jb2
  • /image111.jb2
  • /image112.jb2
  • /image113.jb2
  • /image114.jb2
  • /image115.jb2





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