Forest Policy, Legal and Institutional Framework Information Sheet nfp-update of: KENYA Revised on: April 2009 Author email On the basis of the information provided by: Missing information To be completed by/on: March 2008 Dedan G. Ndiritu ndiritugatiki@yahoo.com Dr. Kingiri Senelwa (Moi University), Dr. Jackson Mulatya (KEFRI) Draft Forest policy: still awaiting parliamentary debate. Edited: July2009 By Blanchez 1. FOREST POLICY Forest Policy Statement Name: Draft Sessional Paper no. 1 of 2007 on Forest Policy Date of endorsement: Published in 2007 by Minister for Environment and Natural Resources Additional information The former Forest Policy in use was Sessional Paper no. 1 of 1968. Forest Policy Documentation electronic copy or web link The Forest Policy can be accessed through the Kenya Forest Service Website: www.kfs.go.ke or www.kenyaforestservice.org Link to paper:... P1 P1.Inf P1.Doc Main objectives of the Forest Policy The specific objectives of the revised Forest Policy are to: - (a) Contribute to poverty reduction, employment creation and improvement of livelihoods through sustainable use, conservation and management of forests and trees; (b) Contribute to sustainable land use through soil, water and biodiversity conservation, and tree P2 1
planting through the sustainable management of forests and trees; (c) Promote the participation of the private sector, communities and other stakeholders in forest management to conserve water catchment areas, create employment, reduce poverty and ensure the sustainability of the forest sector; (d) Promote farm forestry to produce timber, woodfuel and other forest products; (e) Promote dryland forestry to produce woodfuel and to supply wood and non-wood forest products; (f) Promote forest extension to enable farmers and other forest stakeholders to benefit from forest management approaches and technologies; and (g) Promote forest research, training and education to ensure a vibrant forest sector. Main guiding principles or instruments for policy implementation P3 The policy will be implemented through the Forests Act 2005 which provides for:- 1. Involvement of forest adjacent communities and other stakeholders in forest management and conservation. 2. Forest management planning will be based on an eco-system approach. 3. Provision of appropriate incentives to promote sustainable use and management of forest resources. 4. Institutional transformation of the Forest Department into a semi-autonomous Kenya Forest Service. 5. Recognition of local and global forestry issues and challenges to ensure fair contribution of the forestry sector in economic development. Additional information (if any) - Forest Finance P3. Inf Forest sector contribution to the economy Z1 Direct forest values It is estimated that forest products and services contribute about Ksh. 7 billion to the economy and employs directly 50,000 and indirectly another 300,000 people. The timber industry alone is estimated to have investments over Ksh. 44 billion. In addition over 530,000 households living within a radius of five kilometres from the forest reserves depend on forests for cultivation, grazing, fishing, fuel wood, honey, herbal medicine, water and other benefits. The sector contributes about Ksh. 320 million per year to Kenya s GDP or approximately 1% of the monetary economy and 13% of non-monetary economy. Direct use values in terms of timber, fuel wood and poles are estimated at Ksh. 3.64 billion. 2
Gazetted forests contribute 80% of timber, 93% of poles and posts and 25% of fuel wood requirements. Sale of these major forest products from gazetted forests generates about Ksh. 320 million annually to the Exchequer. In addition, the value of the 24 million cubic metres of fuel wood materials that is sourced from farmlands is estimated at Ksh. 4.8 billion based on current rates. Sustainable utilization of these farmland resources would require improved extension support by Kenya Forest Service personnel, which is only possible through improved funding. Among the many handcraft activities; woodcarving forms the most important component in Kenya. A study by Obunga (1998) indicated that the industry has about 80,000 wood carvers spread all over the country. Overall the industry supports over 8 million people and was valued at over Ksh. 100 million in 1995. Currently the industry has a turn over of about Ksh. 1.5 billion per year. In tea growing areas, bamboo and leeds are used for making tea-harvesting baskets. There are 360,000 small-scale tea farmers in the country who produce in excess of 170 million Kgs of tea, which is about 60% of the total tea production. The total turnover in the basketry industry to support smallholder tea production is estimated at Ksh. 324 million. Large-scale tea producers consume a further Ksh. 216 million worth of baskets giving a total turnover of Ksh. 540 million within the tea sector. The major non-wood forest products (NWFPs) sourced from forest reserves include gums, resins, fodder, soil, murram, asparagus fan, mushroom, honey, stones, fibres, water, medicinal herbs and fruits. According to a survey on production and marketing of non-timber forest products in Kenya (KAFU, 2000), NWFPs play an important role in Kenya s economy generating about Ksh. 3.2 billion per year. Indirect values The major indirect values of forest resources include catchment protection values of major watershed forests and carbon sequestration. An economic appraisal by Kenya Indigenous Forest and Conservation project in 1993 of major water catchment areas in Kenya covering quantifiable benefits related to watershed catchment protection function of the forest identified the loss of forest in Mt. Kenya and Aberdares as a major factor of increased siltation of dams for power generation. The forest benefit per hectare was calculated at Ksh. 2,520. A reduction in forest cover implies an increase in carbon dioxide in the atmosphere and an increase in greenhouse effect. The carbon sequestration capacity of tropical forests has been estimated at 144.0 tonnes of carbon per hectare (tc/ha) for total above ground biomass and 66.0 tonnes of carbon per hectare for soil and below ground biomass. The total forest area (2.3 million hectares) has a capacity to sell 483 million tonnes of carbon equivalently in proto-carbon credits (at US $ 20 per tc). This translates to approximately Ksh. 77.28 billion at the current prices. Optional Values Optional value is the value that people put on conserving a forest for future uses, which would be forgone if the forests were destroyed. This can best be valued in terms of budgetary costs of managing the whole forest estate, which is approximately Ksh. 860 3
million annually. Source of information Z1.Doc Kenya Forestry Master plan can be accessed through the Kenya Forest Service Website: www.kfs.go.ke or www.kenyaforestservice.org Contribution of the public budget to forestry Z2 Financial Year Recurrent Allocation (US$) Development Allocation (US$) Total (US$) 2002/2003 13,500,217 727,138 14,227,355 2003/2004 16,506,784 3,428,571 19,945,355 2004/2005 15,386,348 4,062,291 19,448,639 2005/2006 19,231,738 2,409,744 21,641,483 2006/2007 2008/2009 18,439,276 19,860,525 10,610,798 12,750,000 29,050,074 32,610,525 Source of information Z2.Doc Estimates of Recurrent Expenditure for the Financial years 2002/2003 to 2006/2007. Estimates of Development Expenditure for the Financial years 2002/2003, 2006/2007 and 2008/2009. Mechanisms used for financing forestry development Z3 Funding for forestry development is through Government support (recurrent budget) and donor support through projects (development budget). The budgetary allocations are channelled through the following vote head: - natural forest conservation, farm forestry, dry land forestry, plantation development, forest inspection and protection and road construction. Source of information Z3. Doc Estimates of Recurrent Expenditure for the Financial years 2002/2003 to 2006/2007. Estimates of Development Expenditure for the Financial years 2002/2003 to 2006/2007. 4
2. LEGISLATION Current forest law or equivalent (for example: Act or Code) F1 Name: Forests Act, no. 7 of 2005 Date of enactment: 18 th November 2005 by: President of the Republic of Kenya Additional information on forest law or equivalent F1. Inf. The objective of the Forests Act, 2005 is to make provision for the establishment, development and sustainable management, including conservation and rational utilisation of forest resources for the socio-economic development of the country by taking into account that forests:- Play a vital role in the stabilisation of soils and ground water, thereby supporting the conduct of reliable agricultural activities; Play a crucial role in protecting water catchments in Kenya and moderating climate by absorbing green house gases; Provide the main locus of Kenya s biological diversity and a major habitat for wildlife; Are the main source of domestic fuel wood for the Kenyan people; Provide essential raw materials for wood based industries and a variety of non-wood forest products. Relevant document on forest law or equivalent F1. Doc The Forests Act can be accessed through the Kenya Forest Service Website: www.kfs.go.ke or www.kenyaforestservice.org Main elements of the forest law F. 2 Please indicate with YES or NO - if the current forest law makes provision to implement the following forest policy elements: Integrated approach to forest management, conservation and development (including sustainability concerns, ecological values and social interests) Management to entail sustainable multiple forest uses and benefits (including timber, fuel, food and other forest products, as well as biological diversity and resources, protection of ecosystems and watersheds, recreation and tourism, and other environmental services such as carbon sequestration) Existence of adequate planning tools (in particular management plans); Yes F2.1 Yes F2.2 Yes F2.3 5
Existence of environmental and social impact assessments/audits (e.g. certification schemes); Transparent forest concessions and other contractual arrangements, with provisions for accountability; Community-based arrangements, decentralization of responsibilities and devolution of powers to local actors. Commitment to inter-sectoral development sustainable use of forest resources and international conventions and other agreements to promote sustainable management, conservation and utilisation of forests and biological diversity. Yes F2.4 Yes F2.5 Yes F2.6 Yes F2.7 Regulations of the forest law Subsidiary Legislation on community participation. KFS FOR GAZETTEMENT BY MINISTER F3 THESE ARE BEING FINALISED BY Regulations documentation DOCUMENTATION BEING DONE BY KFS Kenya Forest Service Website: www.kfs.go.ke or www.kenyaforestservice.org F3.Doc Other national laws and regulations impacting the forestry sector F6 (a) The Environmental Management and Co-ordination Act (EMCA) of 1999 The ultimate aim of this Act is to provide a framework for integrating environmental considerations into the country s overall economic and social development. It specifically aims at harmonising the various sector specific legislations that touch on environment to ensure greater protection of the physical and social environment. Implementation of this Act is guided by the principle of public participation in the development of policies, plans and processes for environmental management. It also recognises the cultural and social principles traditionally applied by communities in Kenya for the management of natural resources. (b) The Water Act, 2002 The Act aims at disengaging the government from provision of water by encouraging the devolution of power to regional service boards who in turn will license water service providers. The Act is ideal for catchment protection and protection of wells and springs that occur in the forest because it does support community involvement in management of these catchments. It is also useful in riverine vegetation protection including other smaller rivers that flow into the ocean. The Act supports the user-pay principle as proposed in the Forests Act. Kenya Forest Service can therefore work with water user groups (consumers), service providers and water service boards to conserve catchment 6
forests. (c) The Wildlife (Conservation and Management) Act, Cap 376 The Act was adopted in 1976 but since then 8 amendments and revisions have been done with the latest being in 1990. The Act was adopted 3 years after Kenya ratified the CITES so it deliberately inbuilt most of CITES recommendations. As provided for in the Act, the process of gazettement and de-gazettement requires parliamentary approval so the heightened level of decision-making and legitimacy of the whole process ensures no grabbing of protected areas. (d)the Agriculture Act, Cap 318 This Act promotes soil and water conservation and prevents the destruction of vegetation. It can help address the biggest threat to forest conservation i.e. short term shifting cultivation or the slash/burn agriculture, which is the main force behind forest degradation. Under the Act, the Minister can make rules to prohibit, regulate, control clearing of land for cultivation, grazing or watering of livestock thus complementing the Forests Act. Enforcement of the Act has been the biggest problem especially on protection of riverbanks that have been cultivated resulting in soil erosion and heavy silt load on rivers. (e) The Antiques and Monuments Act, Cap 215 The Act has been used for gazettement of areas of historical importance and threatened heritage e.g. the Kayas at the coast have been protected under this Act. Forest management decisions depend on the elders, while other management decisions are vested with NMK. NMK s mandate does not adequately cover management of forest resources in these sites as most of the Kayas are now under threat from cultivation, charcoal burning and mining. (f) The Local Government Act, Cap 265 This Act empowers County Councils to make by-laws used to control cutting of timber, destruction of trees and shrubs and afforestation. It also authorizes local authorities to take measures necessary to control bush fires, quarrying for minerals, sand, gravel, clay or stones. The Act is applicable in trust lands where resource exploitation needs control. Fires have been listed as major threat to our forests so an opportunity is available for engaging communities in fire fighting and control. (g)the Fisheries Act, Cap 378 The Act regulates trout fishing in the forests and protects fish breeding areas and is relevant to mangrove management at the coast but often clashes with the Wildlife Act, especially in the management of marine parks. International conventions relevant for forestry signed by the country F9 Convention on Biological Diversity- CBD Ramsar Convention - The Convention on Wetlands of international importance was signed in 1990. Convention on International Trade in Endangered Species CITES - The Convention on international trade in endangered species of wild fauna and flora was signed in 1979. 7
United Nations Framework Convention on Climate Change UNFCCC - The Convention on Climate Change was signed and ratified by Kenya on 30 th August 1994. United Nations Convention to Combat Desertification- UNCCD - Kenya signed this convention in 1994 and ratified it in 1997. International conventions country reports web links F9.Doc Country reports - name Date of issue Links See website Collaborative Partnership on Forest - http://www.fao.org/forestry/site/8016/en/ 8
3. INSTITUTIONAL FRAMEWORK a. Public institutions Forest Administration Ministry responsible for forestry matters Ministry of Forestry and Wildlife A1 Forest Administration s name A1.1 Kenya Forest Service Head of Forest Administration A1.2 Name: David K. Mbugua Title: Director of Forests Address: P.O. Box 30513 00100, Nairobi Telephone: +254 20 3754904/5/6 Email: ccf@wananchi.com, director@kenyaforestservice.org www.kenyaforestservice.org Mandate of the Forest Administration A1.3 The mandate of Kenya Forest Service is to provide for the establishment, development and sustainable management, including conservation and rational utilisation of forest resources for the socio-economic development of the country. Forest Administration Structure level of authority A2 Kenya Forest Service is one of the five institutions under the Ministry of Environment and Natural Resources. The others are Kenya Forestry Research Institute, National Environment Management Authority, Mines and Geological Department and Department of Resource Surveys and Remote Sensing. Organization Charts Forest Administration Central level A2.1 At the central level, Kenya Forest Service is divided into divisions, branches and sections. The organization chart has however not been approved by the Forests Board and the final structure 9
will be determined by the Board. Forest Administration decentralized level A2.2 At the field level, the Service will be divided into Conservancies, divisions and stations. Other structures at the field level include the Conservancy Forest Conservation Committee at the Conservancy level and Divisional Forest Conservation Committee at the Divisional level. Number and qualification of staff in Headquarters and in decentralized offices Year: 2008 Staff HQ Decentralized Total % > 50 years old A3 % of Female Master degree and above 15 12 27 3 (11%) 6 (22%) BSc degree University level 30 65 95 7 (7.4%) 10 (10.5%) Technical staff (school) 8 571 579 60 (10.3%) 61 (10.5%) Forest guards 104 2296 2400 280 (11.7%) 197 (8.2%) Forestry Education Forestry education institutions Institution Kenya Forestry College Moi University Additional information - The Principal, Kenya Forestry College P.O. Box 8 Londiani Contact details The Dean, School of Natural Resource Management, P.O. Box 1125-30100, Eldoret Email: deannrm@mu.ac.ke Website: www.mu.ac.ke E1 E1.Inf Number of graduated students at different levels of education Year: 2008 Name of Institution Level of Education provided E2 10
Technical % F BSc % F MS c % F PhD % F Kenya Forestry College 37 13.5% - - - - Moi University - 44 11.3% 3 0% - - Forestry Research Forestry research institution(s)/centre(s) Name Kenya Forestry Research Institute E mail address (web site) and location P.O. Box 20412-00200, Nairobi Email: kefri@nbi.ispkenya.com Website: www.kefri.org Other institutions/departments doing forestry research R1.1 Name of institutions World Agro-forestry Centre E mail address (website) and location P.O. Box 30677-00100, Nairobi Email: icraf@cgiar.org Website: www.worldagroforestry.org R1 Additional information R1.Inf Staff of forestry research institution(s)/centre(s) Year: 2008 Name of institution/centre Kenya Forestry Research Institute Forestry research programmes Name of institutions/centres R2 Number and qualification of research staff Technical staff BSc MSc PhD 100 14 56 17 Main research areas R3 Kenya Forestry Research Institute Farm Forestry, Natural Forests, Dry land Forestry, Plantation Forestry. Forestry extension and outreach services Forestry extension Services X1 11
Farm Forestry and Extension Branch Name Contact details Main activities Kenya Forest Service P.O. Box 30513-00100, Nairobi Email: ccf@wananchi.com, Website: www.kfs.go.ke or www.kenyaforestservice.org Promoting farm and community forestry in the country. - Additional information Code X1.Inf Other public institutions related to forestry Other public organizations involved in forestry Name Mandate related to forestry - - I1 b. Non public institutions Private sector organizations (e.g. forest industry associations) Timber Manufacturer s Association Name Contact address Area of activity/interest Pan African Paper Mills Rai Plywood The Chairman, TMA P.O. Box 36, Elburgon The Executive Director, P.O. Box 535, Webuye The Managing Director, P.O. Box 18730, Nairobi S1 Umbrella Timber Association for sawmillers. Production of pulp and paper Production of plywood Civil society organizations (e.g. NGOs, associations, indigenous people organizations) Name Contact address Area of activity/interest Forest Action Network The Coordinator Advocacy S3 12
Kenya Forests Working Group Green Belt Movement Nature Kenya National Alliance of Community Forest Associations P.O. Box 380-00517, Nairobi Website: www.fankenya.org The Coordinator P.O. Box 20110-00200, Nairobi Website: www.kenyaforests.org The Coordinator P.O. Box 67545, Nairobi Website: www.greenbeltmovement.org The Coordinator P.O. Box 44486-00100, Nairobi Website: www.naturekenya.org The Chairman P.O. Box 12115, Nakuru Capacity building Awareness creation Forest advocacy Awareness creation Forest monitoring Information gathering Environmental conservation Civic and environmental education Advocacy and networking Training and Capacity building Enhancing knowledge on biological diversity Advocacy on biodiversity conservation Promoting conservation of key species, sites and habitats. Umbrella body for Community Forest Associations 13