Wildlife Conservation and Management Act

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

The Act applies to all wildlife resources on public, community and private land, and Kenya territorial waters.

States that, in relation to public land, the National Land Commission is the named entity in this provision.

Wildlife conservation and management should be devolved to owners and managers of land where wildlife occurs, wherever possible and appropriate.

The Cabinet Secretary must formulate and publish in the Gazette a national wildlife conservation and management strategy at least once every five years and include the matters listed in subsection (2); the Cabinet Secretary must periodically review the strategy and consult the public when formulating it; the Cabinet Secretary and relevant public bodies must take the strategy into account when performing statutory functions.

The provisions of the First Schedule apply to the procedure at meetings of the Board of Trustees.

The Cabinet Secretary must appoint a Director-General in consultation with the Board; the Director-General holds office for three years (eligible for one further three-year term), serves as CEO responsible to the Board of Trustees for day-to-day management, and must meet citizenship, Chapter Six, degree and experience qualifications.

Section 12 identifies which officers belong to the Service, requires those appointed under subsection (1)(a) to take and subscribe to the oath of allegiance, makes Part I of the Second Schedule applicable to officers, requires the Board to provide a staff superannuation scheme, permits the Cabinet Secretary to appoint honorary wardens on recommendation, and permits the Board of Trustees to appoint community members for wildlife protection activities.

The Service may establish offices it deems appropriate to exercise and perform its powers and functions.

Establishes a uniformed and disciplined Service to be known as the Kenya Wildlife Service.

The Service must conserve and manage national parks, wildlife conservation areas and sanctuaries under its jurisdiction.

Section establishes a Board of Trustees to manage the Service and specifies its composition, appointment authorities, term length, staggered appointments for some members, remuneration determination, and that the Director-General is secretary.

The Board of Trustees has the power to oversee the effective implementation of the national wildlife policy.

The National Assembly may approve and allocate money to the Service as part of the budget process.

The Service's financial year is the twelve-month period ending on 30 June each year.

The Board or Trustees must prepare annual revenue and expenditure estimates at least three months before each financial year; the Board must approve and submit them to the Cabinet Secretary with National Treasury concurrence before the year starts and may not increase them without the Cabinet Secretary's consent.

The Service must keep proper books and records of its income, expenditure and assets.

The Community Wildlife Conservation Committees may hold up to four meetings each financial year, and may hold additional meetings with the prior consent of the Cabinet Secretary.

Community Wildlife Conservation Committees have the function to review and recommend payment of compensation for claims from loss or damage caused by wildlife.

The County Wildlife Conservation and Compensation Committee may invite non-member experts to attend and take part in deliberations, but those experts shall not have voting powers.

Members of the County Wildlife Conservation and Compensation Committee are entitled to be paid allowances determined by the Salaries and Remuneration Commission.

Bio-prospecting of wildlife resources requires a permit (applicants may apply and must pay prescribed fees); applicants must disclose material information, obtain prior consent from stakeholders/communities, and enter material transfer and benefit-sharing agreements; the Service is a joint partner; the Cabinet Secretary may set contribution percentages to the Wildlife Endowment Fund and may make rules on recommendation of the Service; contraventions are an offence.

Authorised officers may enter private land with the owner’s consent to destroy problem animals when necessary; they may kill previously wounded dangerous animals without prior consent and must later report; owners/occupiers (or their agents) may destroy problem animals except in protected areas and not using poison, pitfalls or snares; persons who kill under subsection (1) must report and deliver trophies within forty-eight hours.

Persons are permitted to kill or wound a wild animal when immediately and absolutely necessary to defend themselves or others; the person who did the killing or wounding must prove it was in accordance with subsection (1).

Establishes the Wildlife Conservation Trust Fund, vests it in a governing body with specified membership, lists funding sources and functions, and authorises the Cabinet Secretary, on recommendation of the Service, to issue regulations and guidelines by notice in the Gazette.

Section 24(2) The Wildlife Compensation Scheme shall be used for financing compensation claims for human death or injury or crop and property damage caused by wildlife.

Provides a process for victims of injury, death or property damage from listed wildlife to submit claims to the County Wildlife Conservation and Compensation Committee, sets verification and submission duties for the Committee, prescribes compensation amounts for death and injuries, allows claims for property/crop/livestock loss subject to Cabinet Secretary rules, sets appeals within thirty days to the National Environment Tribunal and permits the Cabinet Secretary to make regulations.

Provisions of this Act about conservation, protection and management of the environment must conform to the Environmental Management and Co-ordination Act (Cap. 387), and provisions of that Act about the Tribunal apply to appeals from decisions under this Act.

Licences or permits granted under this Act do not exempt anyone from complying with other written laws on conservation and protection of the environment.

No provision of this Act, nor any rights or entitlements granted under it, may exempt a person from complying with the Water Act (Cap. 372) regarding the right to use water from any water resource, reservoir or point.

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

Activities likely to have adverse effects on the environment, including toxic waste seepage into water bodies and wetlands, are prohibited.

Subsection (2) requires that notices under subsection (1)(a), (b) and (e) be declared by the Cabinet Secretary only with the approval of the National Assembly; subsection (1) lists types of declarations relating to protected areas and related publication requirements.

The Cabinet Secretary must, on the recommendation of the Service and by notice in the Gazette, issue rules and regulations for the effective management of marine protected areas.

The Cabinet Secretary must declare important wetlands as protected, the Service must prepare an Integrated Wetland Management Plan in consultation with interested persons and agencies, and the Cabinet Secretary must prescribe conservation measures by Gazette notice.

Allows variation of boundaries or revocation of a national park or a marine protected area.

National reserves declared under subsection (1) shall be managed by the relevant county government in accordance with this Act; subsection (3) lists matters to be covered by an agreement governing management.

A marine conservation area must be managed by the relevant county government under an approved management plan prepared through consultation; the Cabinet Secretary must, on a county recommendation and by Gazette notice, issue rules and regulations for management.

The Cabinet Secretary may only publish a variation of a national reserve's boundaries, revocation of a national reserve, or change of status from national reserve where the proposal is recommended by the relevant county government after consultation with the National Land Commission and the Service, in accordance with subsection (2), and is approved by resolution of Parliament.

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

People or communities who own land on which wildlife lives may individually or collectively establish a wildlife conservancy or sanctuary in accordance with this Act.

Allows communities, landowners and representative groups to establish and register community wildlife associations or for individual owners to be registered as recognized wildlife managers; empowers the Director-General to require additional information; requires the Service to keep an up-to-date record of approved associations, wildlife managers and activities.

The association membership or the wildlife manager must protect, conserve and manage wildlife conservancies and sanctuaries under their jurisdictions in accordance with their approved management plans.

Registered proprietors of land may donate or bequeath all or part of their land to specified public or community bodies for wildlife conservation.

Section 43 requires the registered user to undertake actions in subsection (1)(a) and (1)(b) (the latter in conjunction with the Service); requires the Service to act on behalf of the registered user under (1)(c); and allows the Service, when acting under (1)(b) or (c), to deduct reasonable expenses from profits of the wildlife conservancy or sanctuary.

National parks, marine protected areas, wildlife conservancies and sanctuaries must be managed according to a management plan that meets the Fifth Schedule; the Service must consult the county wildlife conservation committee when preparing plans; the Cabinet Secretary must publish approved plans in the Gazette and must initiate public consultation for management-plan guidelines.

No person may mine or quarry in a national park without the approval and consent of the Service; miners must rehabilitate sites as prescribed; oil or gas exploration and extraction requires the Cabinet Secretary's consent and National Assembly approval.

The Cabinet Secretary may publish a national list of endangered and threatened wildlife ecosystems and habitats (on advice of the Service and in consultation with the National Land Commission, by notice in the Gazette), and shall review any such list every five years upon recommendation of the Service.

Species listed in the Sixth Schedule are declared to be critically endangered, vulnerable, nearly threatened and protected; the Service must amend the Sixth Schedule from time to time as necessary.

A person must not carry out any activity involving a specimen of a listed species without a permit from the Service.

The Service may develop and implement recovery plans for species listed under the Seventh Schedule; the Service may enlist external organizations; the Cabinet Secretary must report biannually on progress; the Service must implement a monitoring system for recovered species for not less than five years.

Establishes the Wildlife Research and Training Institute and lists capacities of the Institute including suing and being sued, holding and disposing of property, borrowing money, entering into contracts, and performing other lawful acts for its functions.

The Institute must undertake and co-ordinate wildlife research and training in accordance with the Act.

The Institute has multiple functions related to wildlife research, training, surveillance, data collection, collaboration and capacity development.

Sets out the membership, appointment timing, selection of a vice chairperson, the Board's duty to ensure effective performance, partnership powers, and payment of allowances determined by the Cabinet Secretary.

Members (except ex officio) serve three-year terms and may be re-appointed once for up to three more years; certain members may resign by written notice; absence from three consecutive meetings without sufficient cause leads to cessation; the Cabinet Secretary determines vacancies and appoints replacements.

The Board of the Institute must conduct its meetings in accordance with the First Schedule.

Board members who have an interest in a matter must disclose it in writing and must not participate in related deliberations; failing to disclose leads to removal as a member.

The Board of the Institute may delegate its powers, functions or duties to a board committee or to a member, officer, employee or agent of the Institute, subject to this Act.

The Cabinet Secretary must appoint the Director of the Institute via a competitive process (in consultation with the Board and subject to qualification requirements); the Director serves a three-year term and may be re-appointed once; the Director is the Institute's chief executive; the Board may appoint staff.

Research on the wildlife sector requires a research permit from the Institute; permit-holders must deposit research outputs; foreign researchers need sponsoring and local collaborating institutions; the Cabinet Secretary may make regulations.

The Institute must establish and maintain a comprehensive wildlife database, include specified research and statistical data, collect data according to harmonized national standards in consultation with relevant agencies, progressively make data available to stakeholders and the public, and the Cabinet Secretary may prescribe regulations to implement this section.

The Director has the right to access certain public records on request for wildlife data purposes; a person who refuses access commits an offence.

A person may access any wildlife data or information on application and on payment of a prescribed fee, subject to subsection (3); the Institute may refuse if the data is classified and must communicate reasons for refusal in writing within twenty-one days.

The Institute may invest funds not immediately required for its purposes, subject to approval by the Cabinet Secretary responsible for finance.

The Cabinet Secretary must require persons collecting wildlife data to regularly report results against strategy indicators; the Cabinet Secretary must submit a monitoring report to the National Assembly at least once every five years and make that report public.

Section 65 allows a party to enter into agreements creating wildlife conservation easements with land owners, and allows a court to grant wildlife conservation orders or easements; it lists purposes for such orders or easements and states they shall attach to the land in perpetuity or for a term or customary interest.

Section 66 permits a person or group to apply to the court for wildlife conservation orders or easements; the court has power to impose conditions on grants and may require the Service or appoint experts to prepare technical reports.

Only the person in whose name a wildlife conservation order or easement is issued may commence proceedings to enforce it; the court has discretion to adapt enforcement law and procedures as necessary.

County Wildlife Conservation and Compensation Committees must register wildlife conservation orders and easements on land not registered under a particular land registration system.

The section provides for compensation relating to voluntary easements and court-imposed wildlife conservation orders or easements, including negotiation of compensation by parties to a voluntary easement and payment of compensation by an applicant when an order or easement restricts existing rights or interests.

Everyone has the right to practice wildlife conservation and management as a form of gainful land use, subject to investing resources and meeting suitability and licence conditions.

Every person has the right to reasonable access to wildlife resources and to enjoy the benefits without undue hindrance; that right must be exercised with due regard to other stakeholders' rights and privileges.

Any person who utilises or exploits wildlife resources must do so sustainably and in accordance with regulations under the Act.

The Cabinet Secretary may make regulations and, in consultation with specified bodies and in liaison with the Service, shall formulate regulations and guidelines on access and benefit sharing.

Land owners must facilitate wildlife movement; parties under subsection (2) may enter agreements for benefit sharing.

Decisions and determinations about conservation and wildlife management must not be exercised in a way that prejudices the rights and privileges of communities living adjacent to conservation and protected areas.

The Cabinet Secretary must, advised by the Service and in consultation with the Commission on Revenue Allocation, formulate guidelines on incentives and benefit sharing, publish rules in the Gazette within twenty-one days, subject the guidelines to public scrutiny, ensure at least five per cent of national park benefits go to neighbouring local communities, and, subject to Article 66, require private conservancy investors to provide benefits such as infrastructure, education and social amenities to local communities.

No person or entity may carry out wildlife-use activities except under and in accordance with a licence or permit issued under this Act, subject to any specific provisions in the Act.

Section 80 lists categories of wildlife user rights (tourism, photography/filming, educational, research, cultural and religious) and enumerates activities including game farming, game ranching, live capture, research involving off-take, cropping and culling; it also states that permits are to be in a prescribed manner and may set conditions including duration and infrastructure development, and that species for game ranching are set out in the Tenth Schedule.

Licence holders may assign wildlife user rights to a suitably qualified agent with Service approval and payment of the prescribed fee; the Service must refuse assignments that would derogate from the instrument's objectives; the instrument deems persons liable for acts of assignees.

The Cabinet Secretary may withdraw wildlife user rights on certain grounds and must give an affected person 30 days' notice to show cause; a licencee may appeal within thirty days.

Section 83 defines 'Government trophies' (listing several categories), exempts trophies kept for cultural purposes, requires the Service to audit and publish the number of trophies each year, and authorizes the Cabinet Secretary to prescribe measures for disposal.

Operating as a trophy dealer is prohibited without a licence issued by the Service; the Cabinet Secretary may grant trophy dealers' licences under the Eighth Schedule.

No person may import, export, re-export or trade in wildlife species without a permit from the Service; applicants must supply specified application information; the Service may issue permits on terms to enhance conservation; the Cabinet Secretary may make rules on recommendation.

The Service may revoke a permit issued under section 80 if the permit holder is not complying with the permit's terms and conditions.

Registers required under this section (including licences, permits, protected areas, community wildlife scouts and management plans) must be maintained and made open for public inspection at the Service’s premises or designated office during official working hours.

Any person who makes a false claim or false statement to the County Wildlife Conservation and Compensation Committee or the Service about a wildlife damage claim commits an offence and is liable on conviction to at least KSh 100,000 or to at least six months' imprisonment or both.

It is an offence to fail to comply with a lawful requirement or demand made or given by an authorized officer.

Listing of prohibited activities in protected areas (entering, setting fires, logging, cultivation, charcoal burning, damaging/removing objects, possessing weapons, extractive activities) that are offences with specified penalties; persons must not enter protected areas with livestock without a permit; the Cabinet Secretary must make drought-related grazing/watering guidelines in consultation with the Service.

If an offence under the Act is committed by a body corporate, the body and any director or officer who knew or ought to have known and failed to exercise due diligence commit an offence; similar personal and employer liabilities are set out; penalties include up to ten million shillings or five years imprisonment or both.

Nothing in this Act prevents arrest, prosecution or conviction under any other written law.

The court may order that items used in or involved in an offence be forfeited to the Service; the court may order the convicted person to bear disposal costs; and the court may cancel licences, permits or authorizations related to the offence.

An officer is personally liable for an offence under this Act committed by them alone or as agent or employee, except where they were lawfully discharging their duties.

The Director of Public Prosecutions may designate special prosecutors to prosecute wildlife offences and may delegate prosecutorial powers to authorised officers.

Anyone who has reason to believe the Act has been, is being, or is about to be breached may petition the Environment and Land Court for appropriate redress.

Willfully or fraudulently altering or contravening an approved management plan is an offence; penalties include specified fines or imprisonment depending on location of the offence.

It is an offence to discharge hazardous substances, waste, oil or other pollutants into designated wildlife areas or to pollute wildlife habitats; on conviction the offender faces at least two million shillings in fines, at least five years' imprisonment, or both. The court may also direct the polluter to contribute to wildlife conservation activities as compensation, restoration and restitution.

Failing, neglecting or refusing to comply with a wildlife conservation order made under this Act is an offence.

Making a statement or representation that is false in a material particular (knowingly or recklessly) in relation to licences and permits.

Section 92 makes it an offence for a person to kill, injure, torture, molest, deal in, possess, or manufacture items from critically endangered or endangered species (as listed in the Sixth Schedule or CITES Appendix I), with specified minimum terms of imprisonment or fines and where some acts are conditioned on lacking a permit or exemption under the Act.

Knowingly introducing an invasive species into a wildlife conservation area is described as an offense.

Landing in a wildlife protected area is restricted to designated landing areas and must be in accordance with Park rules.

Makes it an offence to kill, injure, torture, molest, or attempt to kill or injure any wildlife species.

Anyone who knowingly or recklessly uses a substance that poisons wildlife commits an offence and is liable to a fine of not less than five million shillings or to at least five years' imprisonment, or both.

Section 96 prescribes penalties for sport hunting offences: (1)(a) a fine of not less than twenty million shillings or imprisonment for life; (1)(b) a fine of five million shillings or imprisonment of five years or both; (1)(c) a fine of one million shillings or imprisonment of two years or both; and (2) states that the categories of wildlife in subsection (1) are those in the Ninth Schedule.

Hunting a non-critically/endangered species for subsistence is an offence punishable by a fine of at least thirty thousand, imprisonment for at least six months, or both.

Dealing in carcass or meat of wildlife without a permit is an offence punishable by at least three years' imprisonment; purchasing wildlife meat or eggs is prohibited and contravention may attract a fine up to one million shillings, imprisonment for twelve months, or both.

No person may trade in, import, export, re-export or introduce any specimen or product of a wildlife species into or from Kenya without a permit issued by the Service; a range of related actions in subsection (2) are also prohibited.

Allows the Cabinet Secretary to make regulations to implement international treaties for which they have implementing authority; requires the Service to keep a register of wildlife-related international instruments; requires the Cabinet Secretary to publish progress on implementation in the biannual wildlife conservation status report.

Authorized officers have a range of powers to demand documents, search, arrest, seize, confiscate, investigate, destroy perishable seized items, render hunting means inoperative, enter premises and inspect documents to enforce the Act.

Authorized officers of or above the rank of assistant warden may erect temporary barriers; any person approaching must stop and allow searches when required; failing to comply or obstructing officers is an offence punishable by a fine of not less than fifty thousand shillings or imprisonment for not less than six months or both.

Section 112 sets out powers to provide firearms to the Service, circumstances when firearms may be used, duties to coordinate wildlife security, detention procedures when bringing arrested persons to station, and an offence for unauthorised possession or conveyance of weapons into conservation areas.

The common seal of the Service must be kept in custody as the Board or Trustees may direct and must not be used except on their order.

Members, officers, employees or agents of the Service acting bona fide in executing the Service's functions, powers or duties are protected from personal liability.

The Service remains liable to pay compensation or damages to any person for injuries to them, their property or interests caused by the Service's exercise of powers, by a failure related to works, or by other written law.

The Cabinet Secretary may make regulations, on the Service's recommendation, to carry out or give effect to the Act; rules may require actions to the Service's satisfaction and may empower the Service to issue orders with conditions and dates.

Disputes over wildlife management, protection or conservation must first be referred to the lowest devolved structure (including traditional mechanisms); matters not resolved there are to be referred to the National Environment Tribunal, with any subsequent appeal, where applicable, to the Environment and Land Court.

The Wildlife (Conservation and Management) Act (Cap. 376) is repealed.

Land that was a national park, national reserve, marine reserve or sanctuary immediately before this Act commenced is treated as a national park, marine protected area, or sanctuary under this Act.