The wildlife conservation and management bill 2013

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12352013 Wildlife Conservation and ManagementTHE WILDLIFE CONSERVATION ANDMANAGEMENT ACT, 2013No. 47No. 47 of 2013Date of Assent: 24th December, 2013Date of Commencement: 10th January, 2014Section1—Short title.2—Application.3—Interpretation.4—General principles.PART I—PRELIMINARY5—National wildlife conservation and managementstrategy.PART II—ESTABLISHMENT OF THE SERVICE6—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 PROVISIONS14— Sources of funds of the Service.15—Financial year.16—Annual estimates.17—Accounts and audit.

No. 471236Wildlife Conservation and Management 2013PART IV— THE WILDLIFE REGULATIONMECHANISMS18— Wildlife Conservation and CompensationCommittees.19— County Wildlife Conservation and CompensationCommittees.20— Committee may invite experts.21—Remuneration of Committee members.22—Bio-prospecting.PART V—ESTABLISHMENT OF WILDLIFEENDOWMENT FUND23—The Wildlife Endowment Fund.24—The Wildlife Compensation Scheme.Compensation25— Compensation for personal injury or death or damageto property.PART VI—CONSERVATION, PROTECTION ANDMANAGEMENT26—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.

12372013 Wildlife Conservation and Management34—Variation of boundaries or revocation of a nationalpark 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 wildlifemanagers.41—Functions of community wildlife associations andwildlife managers.42—Donations and bequests.43—Standards of management.44—Management plans.45—Consent for mining and quarrying.46—Protection of endangered and threatened ecosystems.47—Endangered and threatened species.48—Restricted activities involving listed species.49—Species recovery plans.No. 47PART VII—ESTABLISHMENT OF THE WILDLIFERESEARCH AND TRAINING INSTITUTE50—Establishment of the Wildlife Research and TrainingInstitute.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. 471238Wildlife Conservation and Management 201358 —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 INCENTIVES65—Conservation orders and easements.66—Application for wildlife conservation orders andeasements.67—Proceedings to enforce Wildlife Conservation ordersand Easements.68—Registration of wildlife conservation orders andeasements.69—Compensation for wildlife conservation orders andeasements.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 CONFLICT77—Problem animals.78—Unlawful wounding of animals.

12392013 Wildlife Conservation and ManagementPART X—LICENSING AND REGULATIONNo. 4779—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 PENALTIES88—Offences relating to management plans.89—Offences relating to pollution.90—Offences relating to conservation orders andeasements.91—Offences relating to licenses and permits.92—Offences relating to endangered and threatenedspecies.93—Offenses relating to invasive species.94—Offences relating to flying aircraft in wildlifeconservation 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

No. 471240Wildlife Conservation and Management 2013101—Offences relating to failure comply with a lawfulorder.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 AGREEMENTS109— International instruments, conventions andagreements ratified by Kenya.PART XIII—ENFORCEMENT AND COMPLIANCE110—Powers of authorized officers.111—Erection of a temporary barrier.112—Use of firearms.PART XIV—MISCELLANEOUS113—The common seal.114—Protection from personal liability115—Liability for damages.116—Regulations.117—Disputes.118—Repeal of Cap.376.119—Transitional Provisions.FIRST SCHEDULE—PROVISIONS RELATING TO THECONDUCT OF BUSINESS AND

12412013 Wildlife Conservation and Management No. 47AFFAIRS OF THE BOARD OFTRUSTEESSECOND SCHEDULETHIRD SCHEDULE-—PART 1: PROVISIONS RELATING TOTHE OFFICERS OF THE SERVICE—WILDLIFE SPECIES IN RESPECT OFWHICH COMPENSATION MAY BEPAIDFOURTH SCHEDULE —PROVISIONS AS TO PUBLICCONSULTATIONFIFTH SCHEDULE—MANAGEMENT PLANSSIXTH SCHEDULE—NATIONALLY LISTED CRITICALLYENDANGERED, VULNERABLE,NEARLY THREATENED ANDPROTECTED SPECIESSEVENTH SCHEDULE —NATIONAL LIST OF INVASIVESPECIESEIGHTH SCHEDULE —CONSUMPTIVE WILDLIFEUTILISATIONNINTH SCHEDULE —WILDLIFE CATEGORIES INRELATION TO OFFENCES ANDPENALTIES IN SPORT ANDRECREATIONAL HUNTINGTENTH SCHEDULE – WILDLIFE SPECIES FOR WHICH GAMEFARMING MAY BE ALLOWEDELEVENTH SCHEDULE —NATIONAL PARKS, MARINEPROTECTED AREAS ANDSANCTUARIES

No. 471242Wildlife Conservation and Management 2013THE WILDLIFE CONSERVATION ANDMANAGEMENT ACT, 2013AN ACT of Parliament to provide for theprotection, conservation, sustainable use andmanagement of wildlife in Kenya and forconnected purposesENACTED by the Parliament of Kenya, as follows—PART I—PRELIMINARY1. This Act may be cited as the WildlifeConservation and Management Act, 2013.2. This Act shall apply to all wildliferesources on public, community and private land, andKenya territorial waters.3. (1) In this Act, unless the contextotherwise requires—Short title.Application.Interpretation.“aircraft” means any type of aeroplane, airship,balloon or kite, whether captive, navigable or free, andwhether controlled or directed by human agency or not;“alien species” means a species that is not indigenousto Kenya or an indigenous species translocated to a placeoutside its natural distribution range in nature and which inits natural habitat is usually found in nature;“animal” means any species or the young or eggthereof, but does not include a human being or any animalwhich is commonly considered to be a domestic animal orthe young or egg thereof;“authorized officer” includes a member of, theService, a forest officer, a fisheries officer, a police officer,a customs officer, an administrative officer, or any personso designated under this Act;“biodiversity” means the variability among livingorganisms from all sources including ecosystems and the

12432013 Wildlife Conservation and Managementecological complexes of which they are a part, compassingecosystem, species and genetic diversity;No. 47“biological resources” includes genetic resources,organisms or parts thereof, populations, or any other bioticcomponent of ecosystems with actual or potential use orvalue for humanity;“bio-piracy” means the exploration of biologicalresources without the knowledge and non-coerciveprior consent of the owners of the resources andwithout fair compensation and benefit sharing;“bio-prospecting” means the exploration ofbiodiversity for commercially valuable genetic andbiochemical resources;“biotechnology” means any technological applicationthat uses biological systems, living organisms, orderivatives thereof, to make or modify products orprocesses for specific use;“Cabinet Secretary” means the Cabinet Secretary forthe time being responsible for matters relating to wildlife;“capture” includes any act immediately directed at thetaking alive of wildlife or the taking of nests, eggs oryoung of any wildlife;“community” means a group of individuals or familieswho share a common heritage, interest, or stake inunidentifiable land, land based resources or benefits thatmay derived therefrom;“community wildlife association” refers to anassociation established under the provisions of this Act;“community wildlife scout”appointed as such under this Act;means a person“competent authority” means-(a) in relation to public land, the National LandCommission;

No. 471244Wildlife Conservation and Management 2013(b) in relation to any other land, the owner thereof orthe person for the time being entitled to the use,rents and profits thereof;“conservation area” means a tract of land, lake orsea with notable environmental, natural features, biologicaldiversity, cultural heritage, or historical importance that isprotected by law against undesirable changes;“conservation order” means a wildlife conservationorder issued under section 65 of this Act.“corridor” means an areas used by wild animalswhen migrating from one part of the ecosystem to anotherperiodically;“County Wildlife Conservation and CompensationCommittee” means the committee established undersection 18 of this Act;“cropping” means harvesting of wildlife for a rangeof products;“culling” means selective removal of wildlife basedon ecological scientific principles for managementpurposes;“dealer” means any person who, in the ordinarycourse of any business or trade carried on by him, whetheron his own behalf or on behalf of any other person-(a) sells, purchases, barters or otherwise inany 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 thetime being responsible for matters relating to wildlife;“devolution” means the transfer of rights, authority

12452013 Wildlife Conservation and Managementand responsibilities by the national wildlife agencies to thelocal delimited geographic and functional domains;No. 47“Director-General” means the Director-General ofthe Service appointed under section 11;“dispersal” areas means areas adjacent to orsurrounding protected wildlife conservancies andsanctuaries into which wild animals move during someperiods of the year.“domestic animal” includes any dog, sheep, pig,goat, cat, guinea pig, donkey, horse, camel, Europeanrabbit, 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-livingenvironment interacting as a functional unit;“endangered ecosystem” means an ecosystem ofexceptional biodiversity value or a habitat of endangered orendemic species which has undergone severe degradation;“endangered species” means any wildlife specifiedin the Fourth Schedule of this Act or declared as such byany other written law or any wildlife specified inAppendices of the Convention on International Trade inEndangered Species of Wild Fauna and Flora (CITES);“endemic species” means species of plants oranimals that are found only in Kenya or in only onelocality in Kenya, and not in any other place;“environment impact assessment” has the meaningassigned to it under the Environmental Management andCo-ordination Act, 1999;“ex-situ conservation” means conservation outsidethe natural ecosystem and habitat of the biologicalorganism;

No. 471246Wildlife Conservation and Management 2013“forest officer” shall have the meaning assigned to itunder the Forests Act, 2005;“game farming” means the rearing of wildlife in anenclosed and controlled environment for wildlifeconservation, trade and recreation;“game ranching” means the keeping of wildlifeunder natural extensive conditions with the intention ofengaging in wildlife conservation, recreation and trade;No. 8 of 1999.“government trophy” means a trophy declared to bea Government trophy by or under the provisions of thisAct;“habitat” means a place or site where wildlifenaturally occurs and which provides food, cover and wateron which wildlife depend directly or indirectly;“harvesting” means the felling, trimming, docking,splitting, debarking, extracting or uprooting of any plant orplant substance;“hazardous substance” means any chemical, waste,gas, medicine, drug, plant, animal or micro-organismwhich is likely to be injurious to human health or theenvironment;“honorary warden” means a honorary wardenappointed 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 tokill, injure or shoot at, molest a nest or eggsof, any wild animal;“in-situ conservation” means conservation within the

12472013 Wildlife Conservation and Managementnatural ecosystem and habitat of the biological organism;“Inspector-General of Police” means Inspector-General within the meaning of the National Police ServiceAct;No.11A of 2011No. 47“inter-generational” means the conscious endeavourby the present generation, in the exercise of its right tobeneficial use of wildlife resources, to enhance andmaintain them for the benefit of future generations;“intra-generational equity” means the right of thepeople within the present generation to benefit equitablyfrom the exploitation of wildlife resources;“invasive species” means a non-indigenous speciestrans-located to a place outside its natural distribution rangein nature and which dominates other indigenous species ortakes over the habitat;“land” has the meaning assigned to it by theConstitution of Kenya;“licensing officer” means a person appointed by theCabinet Secretary, by notice in the Gazette, to be alicensing officer for the purposes of this Act;“marine park” means a protected marine area whereno fishing, construction work or any disturbance is allowedunless with written permission of the Director-General;“marine protected area” means any park or reservecovering the area of intertidal or sub-tidal terrain, togetherwith its overlying water and associated flora, fauna,historical and cultural features, which has been reserved bylaw, and includes any dry land found within the gazettedboundary;“marine reserve” means a marine protected areawhere subsistence fishing is permitted;“meat” means the fat, flesh or tissue of any wildspecies whether fresh or dry, pickled or otherwisepreserved or processed;

No. 471248Wildlife Conservation and Management 2013“member” of the uniformed and disciplined cadremeans a member of the Service holding any of the ranksspecified in paragraph 1(2)(a) Part 1 of the SecondSchedule;“motor vehicle” includes a vehicle of the typecommonly known as a hovercraft;“multilateral environmental agreement” means anagreement involving three or more parties regardingsustainable environmental management;“National Land Commission” means theCommission established under Article 67 of theConstitution;“national park” means an area of land and/or seaespecially dedicated to the protection and maintenance ofbiological diversity, and of natural and associated culturalresources, and managed through legal or other effectivemeans;“national reserve” means an area of community landdeclared to be a national reserve under this Act or underany other applicable written law;“poaching” means illegal hunting, illegal capturingand illegal harvesting of any wildlife but does not includethe control of species widely and commonly regarded aspests or vermin, as listed in a schedule of this Act;“problem animal” means any wildlife which hascaused or is causing damage to or harm to human life orproperty;“protected area” means a clearly definedgeographical space, recognized, dedicated and managedthrough legal or other effective means, to achieve longtermconservation of nature with associated ecosystemservices and cultural values;“public participation” means active involvement bythe citizenry in decision making processes through, interalia, use of the national media, relevant consultativemechanisms and public hearings;

12492013 Wildlife Conservation and Management“ranger” means a member of the Service in theuniformed and disciplined cadre and includes corporal,sergeant, senior sergeant and sergeant major;No. 47“sanctuary” means an area of land or of land andwater set aside and maintained by government,community, individual or private entity for theconservation and protection of one or more species ofwildlife;“Service” means the Kenya Wildlife Serviceestablished under section 6 of this Act;“specimen” means a portion of quantity ofwildlife material for use in testing, examination,education, study or research;“sport hunting” means authorized pursuit andkilling of wildlife for recreation and trophy collection;“sustainable use” means present use of the wildliferesources, which does not compromise the use of thesame by future generations or degrade the carryingcapacity of wildlife ecosystems and habitats;“sustainable management” in relation to wildlife,means management of wildlife resources so as to permitonly such use of it as constitutes sustainable use;“threatened ecosystem” means an ecosystem ofhigh biodiversity value or habitat of endangered orendemic species that is under threat of degradation;“threatened species” means any wildlife speciesspecified in the Fourth Schedule to this Act or declaredas such under any other written law or specified inAppendices of the Convention on International Trade inEndangered Species of Wild Fauna and Flora (CITES);“trans-frontier/trans-boundary conservation area”means the area or component of a large ecological regionthat straddles the boundaries of two or more countries,encompassing one or more protected areas, as well asmultiple resource use areas;“trophy” means any wild species alive or dead and

No. 471250Wildlife Conservation and Management 2013any bone, claw, egg, feather, hair, hoof, skin, tooth, tuskor other durable portion whatsoever of that animalwhether processed, added to or changed by the work ofman or not, which is recognizable as such;“Warden” means an officer of the Service above therank of Sergeant Major;“weapon” means a tool, implement, firearm,ammunition or any item that may be used to injure or killa wild animal for any reason;“wetlands” means areas of marsh, fen, peat land, orwater, whether natural or artificial, permanent ortemporary, with water is static or flowing, fresh,brackish, salt, including areas of marine water the depthof which does not exceed six meters at low tide;“wildlife” means any wild and indigenous animal,plant or microorganism or parts thereof within itsconstituent habitat or ecosystem on land or in water, aswell as species that have been introduced into orestablished in Kenya;“wildlife conservancy” means land set aside by anindividual landowner, body corporate, group of ownersor a community for purposes of wildlife conservation inaccordance with the provisions of this Act;“wildlife conservation area” means a tract of land,lake or sea that is protected by law for purposes ofwildlife and biological diversity conservation and mayinclude a national park, national reserve, game reserve orsanctuary;“wildlife manager” means any person registeredwith the Service for the purpose of managing a wildlifeconservancy or sanctuary;“wildlife user rights” includes user rights exercisedby an individual landowner, body corporate, group ofowners or a community under the provisions of the Act.4. The implementation of this Act shall beguided by the following principles—General principles.

12512013 Wildlife Conservation and Management(a) Wildlife conservation and management shallbe devolved, wherever possible andappropriate to those owners and managers ofland where wildlife occurs;(b) Conservation and management of wildlifeshall entail effective public participation;(c) Wherever possible, the conservation andmanagement of wildlife shall be encouragedusing an ecosystem approach;(d) Wildlife conservation and management shallbe encouraged and recognized as a form ofland use on public, community and privateland;(e) Benefits of wildlife conservation shall bederived by the land user in order to offsetcosts and to ensure the value and managementof wildlife do not decline;(f) Wildlife conservation and management shallbe exercised in accordance with the principlesof sustainable utilization to meet the benefitsof present and future generations;(g) Benefits accruing from wildlife conservationand management shall be enjoyed andequitably shared by the people of Kenya.5. (1) The Cabinet Secretary shall, subjectto subsection (5), formulate and publish in the Gazette anational wildlife conservation and management strategyat least once every five years, in accordance with whichwildlife resources shall be protected, conserved,managed and regulated.(2) The national wildlife conservation andmanagement strategy shall prescribe the principles,objectives, standards, indicators, procedures andincentives for the protection, conservation, managementsustainable utilization and control of wildlife resourcesand shall, in particular prescribe—Nationalwildlifeconservationandmanagementstrategy.No. 47(a)measures for the protection of wildlifespecies and their habitats and ecosystems;

No. 47(b)1252Wildlife Conservation and Management 2013norms and standards for ecosystem-basedconservation plans;(c) measures facilitating community-basednatural resources management practices inwildlife conservation and management;(d) priority areas for wildlife conservation andprojections on increasing designated wildlifeconservation areas in form of national parks,national reserves, conservancies andsanctuaries;(e) innovative schemes and incentives to beapplied in securing identified critical wildlifemigratory routes, corridors and dispersalareas for sustainable wildlife conservationand management;(f) clear targets indicating projection in terms ofspecific percentage of landscape andseascape to be brought under protected areas,conservancies and sanctuaries over the nextfive years;(g) national wildlife research and monitoringpriorities and information systems,including—(i) research priorities;(ii) the collection and management ofdata and information regarding thestatus of wildlife resources;(iii)(iv)procedures for gathering wildlifedata and the analysis anddissemination of wildlifeinformation,wildlife management informationsystem;(h) measures necessary to ensure equitablesharing of benefits;(i) guidelines for granting and monitoringwildlife user rights;

12532013 Wildlife Conservation and Management(j) criteria for listing and measures for protectionand management of endangered andthreatened species;(k) innovative measures for mitigating humanwildlife conflict;(l) framework for capacity development andtraining for effective wildlife management;(m) measures for wildlife disease surveillanceand control;(n)adaptation and mitigation measures to avertadverse impacts of climate change onwildlife resources and its habitats;(o) reflection on regional co-operation andcommon approaches for enhancing protection,conservation and management of sharedwildlife resources; and(p) any other matter that the Cabinet Secretaryconsiders necessary to enhance protection,conservation and management of wildliferesources in the country.(3) The Cabinet Secretary shall periodicallyreview the national wildlife conservation andmanagement strategy and may, by notice in the Gazette,publish a revised national wildlife conservation andmanagement strategy.(4) The Cabinet Secretary and all relevant publicbodies shall, when exercising or performing any statutoryfunction, take into account and give effect to the nationalwildlife conservation and management strategy.(5) The Cabinet Secretary shall, whenformulating a national wildlife conservation andmanagement strategy under subsection (1), consult thepublic in accordance with the Fourth Schedule.No. 47

1254No. 47Wildlife Conservation and Management 2013PART II-ESTABLISHMENT OF THE SERVICE6. (1) There is established a Service to be known asthe Kenya Wildlife Service.(2) The Service shall be a body corporate withperpetual succession and a common seal and capable, inits corporate name, of-Kenya WildlifeService.(a) suing and being sued;(b) purchasing, holding and disposing of movableand immovable property; and(c) doing all such other things as may be done bya body corporate.(d) doing all such other things as may be done bya body corporate.7. The functions of the Service shall be to -(a) conserve and manage national parks, wildlifeconservation areas, and sanctuaries under itsjurisdiction;Functions of theService.(b) provide security for wildlife and visitors innational parks, wildlife conservation areas andsanctuaries;(c) set up a county wildlife conservationcommittee in respect of each county;(d) promote or undertake commercial and otheractivities for the purpose of achievingsustainable wildlife conservation;(e) collect revenue and charges due to the nationalgovernment from wildlife and, as appropriate,develop mechanisms for benefit sharing withcommunities living in wildlife areas;(f) develop mechanisms for benefit sharing withcommunities living in wildlife areas;

12552013 Wildlife Conservation and Management(g) advise the Cabinet Department on matterspertaining to wildlife policy, strategy andlegislation.No. 47(h) coordinate the preparation and implementationof ecosystem plans;(i) prepare and implement national parkmanagement plans;(j) assist and advise in the preparation ofmanagement plans for community and privatewildlife conservancies and sanctuaries;(k) undertake and conduct enforcement activitiessuch as anti- poaching operations, wildlifeprotection, intelligence gathering,investigations and other enforcement activitiesfor the effective carrying out of the provisionsof this Act;(l) conduct and co-ordinate, all research activitiesin the field of wildlife conservation andmanagement and ensure application of researchfindings in conservation planning,implementation and decision making;(m) advise the National Land Commission, theCabinet Secretary and the Council on theestablishment of national parks, wildlifeconservancies and sanctuaries;(n) promote and undertake extension serviceprogrammes intended to enhance wildlifeconservation, education and training;(o) identify user rights and advise the CabinetSecretary thereon;(p) grant permits;(q) establish forensic laboratories;

No. 471256Wildlife Conservation and Management 2013(r) monitor the compliance of terms andconditions of licences; and(s) perform such other functions as the Board mayassign the Service or as are incidental orconducive to the exercise by the Service of anyor all of the functions provided under this Act.8. (1) The Service shall be managed by aBoard of Trustees appointed under subsection (2).Board of Trustees.(2) The members of the Board of Trustees shallcomprise-(a) a chairperson appointed by the President;(b) the Principal Secretary in the State Departmentfor the time being responsible for mattersrelating to wildlife, or a designatedrepresentative;(c) the Principal Secretary in the State Departmentfor the time being responsible for finance, or adesignated representative;(d) the Principal Secretary in the State Departmentresponsible for matters relating to countygovernments or a designated representative;(e) the Inspector-General of Police;(f) four other persons appointed by the CabinetSecretary as follows -(i) one representative from a national wildlifeconservationnon-governmentalorganization;(ii) two representatives, who shall be ofopposite gender and from communitymanaged wildlife areas, nominated by anumbrella wildlife conservancy body;

12572013 Wildlife Conservation and ManagementNo. 47(iii) one representative from privatelymanagedwildlife areas;(g) the Director-General of the Service, who shall bethe 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 ofTrustees, other than ex-officio members, shall hold officefor a term of three years and shall be eligible forappointment in accordance with subsection (2) for onefurther term of three years.(5) The Cabinet Secretary shall appoint one-thirdof the members of the Board under subsection (2)(f) in astaggered manner so that the respective expiry dates oftheir terms shall fall at different times.(6) There shall be paid to the chairperson andmembers such remuneration, fees or allowances forexpenses as the Salaries and Remuneration Commissionmay determine.9. The functions of the Board of Trusteesshall be to-(a) oversee the effective implementation of thenational wildlife policy;(b) approve the strategic plans operational policiesand capital and recurrent budget of the Service,and(c) perform such other functions as may be necessaryfor the fulfilment of its mandate under this Act.10. The provisions of the First Schedule shallhave effect with respect to the procedure at the meetingsof the Board of Trustees.11. (1) There shall be a Director-General ofthe Service appointed by the Cabinet Secretary inconsultation with the Board.Functions andpowers of theBoard of Trustees.Meetings of theBoard of Trustees.Appointment ofthe Director-General.

No. 471258Wildlife Conservation and Management 2013(2) The Director-General shall hold office for aterm of three years and shall be eligible for selection forone further term of three years.(3) The Director-General shall be the chief executiveofficer of the Service and shall be responsible to theBoard of Trustees for the day to day management of theaffairs of the Service.(4) A person shall qualify for appointment as aDirector-General if the person—(a) holds a minimum qualification of a postgraduatedegree in a relevant field, froma university recognized in Kenya;(b) has at least fifteen years’ workingexperience in a relevant profession; and(c) meets the requirements of Chapter Six ofthe Constitution.12. (1) The Board of Trustees may, on suchterms and conditions as it deems fit, appoint-(a) such uniformed and disciplined officers ofthe ranks specified in paragraph 1(2)(a) (i) ofPart 1 of the Second Schedule;Officers of theService.(b) such officers of the Service as are specified inparagraph 1(2)(b) of Part 1 of the SecondSchedule.(2) Every person appointed under subparagraph (a)of subsection (1) shall take and subscribe to the oath ofallegiance as set out in Part II of the Second Schedule.(3) The provisions of Part I of the Second Scheduleshall have effect with respect to the officers of theService.(4) The Board shall provide for a staffsuperannuation scheme.

12592013 Wildlife Conservation and Management(5) The Cabinet Secretary may, on therecommendation of the Board of Trustees appointsuitable persons to be honorary wardens for the purposesof assisting in the carrying out of the provisions of thisAct.No. 47(6) The Board of Trustees may appoint personsfrom communities living in wildlife areas to undertakewildlife protection activities for the effective carrying outof the provisions of this Act.13. The Service may establish such offices asit may deem appropriate for the exercise andperformance of its powers and functions.Establishmentoffices.ofPART III – FINANCIAL PROVISIONSof—14. The funds of the Service shall comprise(a) such moneys as may be approved and allocated tothe Service by the National Assembly as part ofthe budget process;(b) such moneys or proceeds from investments asmay vest in the Service from the performance ofits duties; and(c) any sums lent or donated to the service revenuefrom joint partnerships on bio-prospecting.Sources of fundsof the Service.15. The financial year of the Service shall bethe period of twelve months ending on the thirtieth ofJune in each year.16. (1) At least three months before thecommencement of each financial year, the Board orTrustees shall cause to be prepared estimates of revenueand expenditure of the Service for the ensuing year.Financial year.Annual estimates.(2) The annual estimates shall make provision for theestimated expenditure of the Service for the financial

No. 471260Wildlife Conservation and Management 2013year, and in particular, the estimates shall provide for -(a) payment of salaries, allowances, pensions,gratuities and other charges in respect of the staffof the Service, regional wildlife conservation areacommittees and community wildlife scouts;(b) payment of salaries, allowances, pensions,gratuities and other charges in respect of thecounty wildlife conservation and compensationcommittees, as the case may be;(c) payment of allowances in respect of the CountyWildlife Conservation and CompensationCommittees;(d) the proper maintenance of the buildings andgrounds of the Service;(e) the maintenance, repair and replacement of theequipment and other property of the Service; and(d) the creation of such reserve funds as the Servicemay deem appropriate to meet the recurrentexpenditure and contingent liabilities of theService.(3) The members of the County WildlifeConservation and Compensation Committee shall be paidsuch allowances as may be approved by the CabinetSecretary on the advice of the Salaries and RemunerationCommission.(4) The annual estimates shall be approved by theBoard before the commencement of the financial year towhich they relate and shall be submitted to the CabinetSecretary for approval with the concurrence of theNational Treasury, and thereafter the Board shall notincrease the annual estimates without the consent of theCabinet Secretary.17. (1) The Service shall cause to be kept allproper books and other records of accounts of theincome, expenditure and assets of the Service.Accounts andaudit.(2) Within a period of three months from the end ofeach financial year, the Service shall submit to theAuditor-General or an auditor appointed under

12612013 Wildlife Conservation and Managementsubsection (3), the accounts of the Service in respect ofthat year together with:-(a) a statement of the income and expenditure of theService or the Wildlife Endowment Fund duringthe year; and(b) a statement of the assets and liabilities of theService or the Wildlife Endowment Fund on thelast day of the year.(3) The accounts of the Service and the Funds shall beaudited in accordance with the Public FinanceManagement Act, 2012.No.8 of 2012.No. 47PART IV – THE WILDLIFE REGULATIONMECHANISMS18. Each county shall have a County WildlifeConservation and Compensation Committee, which shallconsist of—(a) a chairperson appointed by the CabinetSecretary through a competitive process,who shall have at least five yearsexperience in wildlife conservation andmanagement;(b) a representative of the countygovernment;(c) an agricultural officer based in the county;(d) a land use planning officer responsible forthe county;(e) a livestock officer responsible for thecounty;(f) the officer of the Service for the countywho shall be the secretary;(g) four persons not being public officersknowledgeable in wildlife matters andnominated by the community wildlifeassociations within the area through anelective process;County WildlifeConservationandCompensationCommittees.

No. 471262Wildlife Conservation and Management 2013(h) a medical officer for health for the county;and(i)(j)the officer in-charge of the county policematters; andthe county environment officer.19. The functions of the County WildlifeConservation and Compensation Committee shall be to-(a) implement the registration andestablishment of wildlife user rights asprovided for under this Act;(b) oversee the preparation andimplementation of management plans oncommunity and private land under theprovisions of this Act;(c) ensure that benefits derived from the useof wildlife resources are distributed inaccordance with the provisions of thisAct;(d) bring together all relevant stakeholderswithin the county to actively harness theirparticipation in the planning andimplementation of projects andprogrammes related to the protection,conservation and management of wildliferesources in the county;(e) review and make appropriaterecommendations on ecosystem basedmanagement plans produced by theService;(f) participate at the county level in land useplanning initiatives and in consultationwith all relevant stakeholders withparticular regard to critical wildlifehabitats, corridors and dispersal areas forthe better management and conservationof wildlife;Functions ofCounty WildlifeConservation andCompensationCommittees.

12632013 Wildlife Conservation and ManagementNo. 47(g) monitor the implementation ofmanagement plans for any relevantnational park in collaboration with theService;(h) develop and implement, in collaborationwith community wildlife associations,mechanisms for mitigation of humanwildlife conflict;(i) review and recommend claims resultingfrom loss or damage caused by wildlifefor payment of compensation;(j) undertake education, extension servicesand public awareness; and(k) perform such other functions as theService may require or delegate to it.20. The County Wildlife Conservation andCompensation Committee may invite experts who are notmembers of the Committee to attend meetings of thecommittee and take part in its deliberations but suchexperts shall not have voting powers.Committee mayinvite experts.21. A member of the County WildlifeConservation and Compensation Committee shall beentitled to be paid such allowances as the Salaries andRemuneration Commission may determine.22. (1) No person may, without a permit fromthe Cabinet Secretary on the advice of the Service—(a) engage in bio-prospecting involving any wildliferesources; or(b) export from Kenya any wildlife resources for thepurpose of bio-prospecting or any other kind ofresearch.(2) Any person desirous of undertaking bioprospectinginvolving any wildlife resources may apply tothe Authority for a permit in a prescribed format and onpayment of prescribed fees.RemunerationCommitteemembers.ofBio-prospecting.

No. 471264Wildlife Conservation and Management 2013(3) The Authority shall in reviewing the applicationensure that any interests of the following stakeholders mayhave in the proposed bio-prospecting are protected-(a) a person, including a public or private organizationor institution or community, providing or givingaccess to the wildlife resource to which applicationrelates;(b) a community-(i) whose traditional uses of the wildliferesources to which the application relateshave initiated or will contribute to or formpart of the proposed bio-prospecting; and(ii) whose knowledge of or discoveries about thewildlife resource to which the applicationrelates are to be used for the proposed bioprospecting.(4) The Service may, upon approval by the CabinetSecretary, where a stakeholder has an interest as set out insubsection (3)(a) of this section, issue a permit only if-(a) the applicant has disclosed all material informationrelating to the relevant bio-prospecting to thestakeholder and on the basis of that disclosure hasobtained the prior consent of the stakeholders forthe provision of or access to such resources;(b) the applicant and the stakeholder have entered into-(i)a material transfer agreement that regulates theprovision of or access to such resources; and(ii) a benefit-sharing agreement that provides forsharing by the stakeholders in any futurebenefits that may be derived from the relevantbio-prospecting.(5) The Service may, upon approval by the CabinetSecretary, where a community has an interest as set out insubsection (3)(b) of this section, issue a permit only if-(a) the applicant has disclosed all material informationrelating to the relevant bio-prospecting to the

12652013 Wildlife Conservation and Managementcommunity and on the basis of that disclosure hasobtained the prior consent of the community to useany of the stockholder’s discoveries about theindigenous wildlife resources for the proposed bioprospecting;and(b) the applicant and the community have entered intoa benefit-sharing agreement that provides forsharing by the community in any future benefitsthat may be derived from the relevant bioprospecting.(6) The Service shall, in all bio-prospecting involvingany wildlife resources, be a joint partner on behalf of thepeople of Kenya.(7) The Cabinet Secretary shall, on therecommendation of the Service, require that a particular percentum of the proceeds from the bio-prospecting iscontributed to the Wildlife Endowment Fund establishedunder the provisions of this Act.(8) The Cabinet Secretary may, on recommendationof the Service, by notice in the Gazette, promulgate rules,regulations and guidelines as are necessary and appropriateto carry out the purposes of this section.(9) Any person who contravenes any provisions ofthis section or the rules made there-under commits anoffence.PART V—ESTABLISHMENT OF WILDLIFEENDOWMENT FUND23. (1) The Service shall establish a WildlifeEndowment Fund and which shall be vested in the Boardof Trustees.(2) There shall be paid into the Endowment Fund –No. 47The WildlifeEndowment Fund.(a) moneys appropriated by Parliament for purposesof the Endowment Fund;(b) a proportion of such moneys as may be levied forpayment of environmental services by beneficiariesin productive and service sectors as a contribution

No. 471266Wildlife Conservation and Management 2013towards the Endowment Fund as the CabinetSecretary may, upon the recommendation of theService, determine;(c) income from investments made by the Board ofTrustees of the Endowment Fund; and such grants,donations, bequests or other gifts as may be madeto the Endowment Fund; and(d) such grants, donations, bequests or other gifts asmay be made to the Endowment Fund.(3) The functions of the Wildlife Endowment Fundshall be to-(a) develop wildlife conservation initiatives;(b) manage and restore protected areas andconservancies;(c) protect endangered species, habitats andecosystems;(d) support wildlife security operations;(e) facilitate community based wildlifeinitiatives; and(f) such other purposes as may be providedfor by rules made under this Act.24. The Government shall establish a WildlifeCompensation Scheme that shall consist of—(a) monies specifically allocated for thispurpose through the budget process;(b)(c)an insurance scheme to be established by theCabinet Secretary responsible for mattersrelating to finance; andmonies from any other source approved by theCabinet Secretary for the time beingresponsible for matters relating to finance;and(2) The Wildlife Compensation Scheme shall be usedfor financing compensation claims for human death orThe WildlifeCompensationScheme.

12672013 Wildlife Conservation and Managementinjury or crop and property damage caused by wildlife.Compensation25. (1) Where any person suffers any bodily injuryor is killed by any wildlife listed under the Third Schedule,the person injured, or in the case of a deceased person, thepersonal representative or successor or assign, may launcha claim to the County Wildlife Conservation andCompensation Committee within the jurisdictionestablished under this Act.(2) The County Wildlife Conservation andCompensation Committee established under section 18shall verify a claim made under subsection (1) and uponverification, submit the claim to the Cabinet Secretarytogether with its recommendations thereon.(3) The Cabinet Secretary shall consider therecommendations made under subsection (2) and whereappropriate, pay compensation to the claimant as follows—(a) in the case of death, five million shillings;(b) in the case of injury occasioning permanentdisability, three million shillings;(c) in the case of any other injury, a maximumof two million shillings, depending on theextent of injury.(4) Any person who suffers loss or damage to crops,livestock or other property from wildlife specified in theSeventh Schedule hereof and subject to the rules made bythe Cabinet Secretary, may submit a claim to the CountyWildlife Conservation and Compensation Committee whoshall verify the claim and make recommendations asappropriate and submit it to the Service for dueconsideration.No. 47Compensation forpersonal injury ordeath or damageto property.(5) The County Wildlife Conservation andCompensation Committee shall review the claim and awardand pay a compensation valued at the ruling market rates:Provided that no compensation shall be paid wherethe owner of the livestock, crops or other property failed to

No. 471268Wildlife Conservation and Management 2013take reasonable measures to protect such crops, livestock orproperty from damage by wildlife or his land use practicesare in compatible with the ecosystem-based managementplan for the area.(6) A person who is dissatisfied with the award ofcompensation by either the County Wildlife Conservationand Compensation Committee or the Service may withinthirty days after being notified of the decision and award,file an appeal to the National Environment Tribunal and ona second appeal to the Environment and Land Court.(7) The Cabinet Secretary may, by notice in theGazette, prescribe such regulations and guidelines as arenecessary and appropriate to carry out the purposes of thissection.PART VI—CONSERVATION, PROTECTION ANDMANAGEMENT26. (1) The provisions of this Act with respectto conservation, protection and management of theenvironment shall be in conformity with the provisions ofthe Environmental Management and Coordination Act.(2) The provisions of the Environmental Managementand Coordination Act, 1999 regarding reference to theTribunal established under that Act shall apply to hearingof appeals arising from the decisions made under this Act.27. (1) No user rights or other licence or permitgranted under this Act shall exempt a person fromcomplying with any other written law concerning theconservation and protection of the environment.(2) A user or other related right shall not be grantedunder this Act where the requirement for a strategicenvironmental, cultural, economic and social impactassessment licence under the Environmental Managementand Coordination Act, 1999 has not been complied with.Environment law toapply.No. 8 of 1999.No exemptionfrom environmentlaw to be granted.

12692013 Wildlife Conservation and Management28. No provision of this Act and no rights orentitlements conferred and granted under this Act shall,wherever appropriate operate to exempt a person fromcompliance with the provisions of the Water Act, 2002concerning the right to the use of water from any waterresource, reservoir or point.29. The holder of a permit or licence under thisAct shall use the land in question in accordance with therequirement for sustainable use of land.30. Any activity which is likely to have adverseeffects on the environment, including the seepage oftoxic waste into streams, rivers, lakes and wetlands isprohibited.31. (1) The Cabinet Secretary, may in consultationwith 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 protectedarea;(c) declare a wetland to be a protected areaunder the management of the Service;(d) publish a management plan for nationalparks, marine protected areas and Servicemanagedwetlands;(e) publish areas zoned to have wildlifeconservation and management as theirland use priority:Provided that no notice may be gazetted where—(a) the relevant provisions of the EnvironmentalManagement and Co-ordination Act,1999have not been complied with;(b) no public participation has occurred;(c) no challenge by any person is active.(2) Notwithstanding subsection (1), a noticeunder subsection (1)(a), (b) and (e) shall only be declaredby the Cabinet Secretary with the approval of theNational Assembly.Water Act toapply.No. 47Requirementfor sustainableuse.Prohibition.Declaration ofprotected areas.32. (1) The Cabinet Secretary may, upon theDeclaration of a

No. 471270Wildlife Conservation and Management 2013recommendation of the Service, after consultation withthe National Land Commission, and following properpublic consultation, and with the approval of the NationalAssembly, by notice in the Gazette declare—(a) any un-alienated public land; or(b) any land purchased or otherwise acquired by theGovernment, to be a national park.(2) Notwithstanding the provisions of subsection (2),a marine protected area shall adopt a system of zoningthat caters for multiple use of marine resources for any orall of the following:(a) extraction or no extraction zones in respect ofmarine resources;(b) protection of nesting, breeding and foragingareas;(c) no take areas in respect of fisheries; and(d) areas that may be used by local vessels forpassage;(e) any other purposes with respect to specifiedhuman activities within the zone.(4) The Cabinet Secretary shall, on therecommendation of the Service, by notice in the Gazette,issue appropriate rules and regulations for the effectivemanagement of marine protected areas.33. (1) The Cabinet Secretary shall, onrecommendation of the Service, in consultation with theNational Land Commission, by notice in the Gazette,declare a wetland that is an important habitat orecosystem for wildlife conservation a protected wetland.(2) As soon as practicable, after declaring it aprotected wetland, the Service shall, in collaborationwith the person or community who hold a legal orcommunal interest in the wetland and the relevant leadagencies, prepare an Integrated Wetland ManagementPlan for the conservation and management of theprotected wetland through a public consultative process.national park.Conservation andmanagement ofwetlands.(3) The Cabinet Secretary shall, on recommendation

12712013 Wildlife Conservation and Managementof the Service after consultation with the relevant leadagencies, by notice in the Gazette, prescribe measures,rules, guidelines, procedures and regulations for effectiveconservation and management of the protected wetland.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 wildlifeconservancy or sanctuary;shall only be published by the Cabinet Secretary where aproposal is recommended by the Service afterconsultation with the National Land Commission inaccordance with subsection (2) of this section and issubsequently approved by a resolution of Parliament:Provided that there shall be nounless -recommendation(a) they are satisfied that such variation of boundaryor cessation of national park proposed by thenotice -No. 47Variation ofboundaries orrevocation of anational park or amarine protectedarea.(i)shall not endanger any rare, threatened orendangered species;(ii) shall not interfere with the migration andcritical habitat of the wildlife;(iii) does not adversely affect its value inprovision of environmental goods andservices, and,(iv) does not prejudice biodiversityconservation, cultural site protection, or itsuse for educational, ecotourism,recreational, health and research purposes;(b) the proposal has been subjected to anenvironmental impact assessment in accordancewith the provisions of the EnvironmentalManagement and Coordination Act, 1999; and(c) public consultation in accordance with the Fourth

No. 47Scheduleproposal.1272Wildlife Conservation and Management 2013has been undertaken in relation to the35. (1) The Cabinet Secretary may, uponrecommendation of the relevant county government andafter consultation with the National Land Commission,by notice in the Gazette, declare any land under thejurisdiction of a county government to be a nationalreserve where the land is—(a) rich in biodiversity and wildlife resourcesor contains endangered and threatenedspecies;(b) an important catchment area critical forthe sustenance of a wildlife conservationarea; 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 governmentin accordance with the provisions of this Act.(3) Notwithstanding the provisions of subsection(2), the county government may, with approval of theCabinet Secretary after consultation with the NationalLand Commission, enter into a management agreementwith any management agent or the Service for themanagement of a national reserve which shall clearlyspecify among other things—(a) the duration of the agreement;(b) the terms and conditions under which themanagement agent or the Service shallmanage the national reserve;(c) management fees and charges payable tothe management agent or the Service;(d) a management plan to be followed by themanagement agent or the Service;(e) the mechanism for settlement of disputesarising in respect of the agreement, and(f) the circumstances under which theagreement may be terminated.Declaration of anational reserve.

12732013 Wildlife Conservation and Management36. (1) The Cabinet Secretary may, uponrecommendation of the relevant county government afterconsultation with the relevant lead agencies, by notice inthe Gazette, declare any marine area to be a marineconservation area where the area is-(a) rich in biodiversity or harboursendangered and threatened marinespecies; or(b) a critical habitat for a variety of marineresources.(2) A marine conservation area established undersubsection (1) shall be managed by the relevantcounty government under an approvedmanagement plan prepared through a consultativeprocess with the relevant lead agencies andcommunities.(3) Notwithstanding the provisions of subsection (2),a marine conservation area shall adopt a systemof zoning that caters for multiple use of marineresources for any or all of the following:(a) extraction or no extraction zones inrespect of marine resources;(b) protection of nesting, breeding andforaging areas;(c) no take areas in respect of fisheries; and(d) any other purposes with respect tospecified human activities within the zone.No. 47Declaration of amarineconservationarea.(4) The Cabinet Secretary shall, on recommendationof the relevant county government, by notice in theGazette, issue appropriate rules and regulations foreffective management of marine conservation areas.37. (1) A notice under this section whichproposes to-(a)vary the boundaries of a nationalreserve; orVariation ofboundaries orrevocation of anationalreserve.

No. 47(b)(c)1274Wildlife Conservation and Management 2013declare that a wildlife conservationarea shall cease to be a nationalreserve; orchange of status from nationalreserve,shall only be published by the Cabinet Secretary where aproposal is recommended by the relevant countygovernment after consultation with the National LandCommission and the Service in accordance withsubsection (2) of this section and is subsequentlyapproved by resolution of Parliament.(2) The relevant county government, theNational Land Commission and the Service shall notrecommend any such proposal unless—(a) they are satisfied that suchvariation of boundary or cessationof national reserve proposed by thenotice shall not—(b)(i) endanger any rare,threatened or endangeredspecies,(ii)(iii)interfere with the migrationand critical habitat of thewildlife;adversely affect its value inprovision of environmentalgoods and services, and(iv) prejudice biodiversityconservation, cultural siteprotection, or its use foreducational, ecotourism,recreational, health andresearch purposes;the proposal has been subjected toan environmental impactassessment in accordance with theprovisions of the EnvironmentalManagement and CoordinationAct, 1999; andNo.8 of 1999.

12752013 Wildlife Conservation and Management(c)public consultation in accordancewith the Fourth Schedule has beenundertaken in relation to theproposal.No. 4738. (1) Subject to subsection (2) of thissection, the Cabinet Secretary may, on recommendationof the Service after consultation with the National LandCommission, and with the approval of the NationalAssembly, exchange part of a national park with privateland with the consent of the owner of such land where -(a) the exchange enhances efficient wildlifeconservation and management;(b) the exchange is equitable to conservation and theland owner, according to an independentvaluation;(c) an environmental impact assessment has beenconducted in accordance with the provisions ofthe Environmental Management andCoordination Act, 1999, and has shown that suchexchange shall not adversely affect wildlifeconservation and the environment in general; and(d) the part of the national park to be exchanged doesnot contain rare, threatened or endangered speciesand is not a water catchment area, wetland or asource of springs.(2) The Service, in consultation with the NationalLand Commission and the Cabinet Secretary, mayacquire by purchase any land suitable to be declared anational park, wildlife corridor, migratory route ordispersal area under this Act.(3) No purchase shall be transacted under this sectionunless prior public consultation is carried out inaccordance with this section.39. Any person or community who own landon which wildlife inhabits may individually orcollectively establish a wildlife conservancy or sanctuaryin accordance with the provisions of this Act.Exchange of partof a national park.No.8 of 1999Establishmentof conservancyor sanctuary.

No. 471276Wildlife Conservation and Management 201340. (1) Communities, landowners, groups oflandowners and existing representative organizationsmay establish a community wildlife association andregister under the appropriate law or in the case of anindividual owner, may be registered as a recognizedwildlife manager by the County Wildlife Conservationand Compensation Committee.(2) The object and purpose for which anassociation is established is to facilitate conflictresolution and cooperative management of wildlifewithin a specified geographic region or sub-region.(3) The application for registration referred to insub-section ( l) shall be in the prescribed form and shallcontain –(a) a list of the wildlife conservancy ,sanctuary or other wildlife conservationactivities in which they are involved inand in the case of an association theirmembership;(b) for associations, the constitution withclear governance structures;(c) a draft plan for the association or privatelyowned wildlife conservation areadetailing-(i)(ii)(iii)(iv)type of wildlife resources in theirarea and type of wildlifeconservation initiatives beingundertaken;measures and type of wildlifeconservation activities that arebeing proposed;type of wildlife user rights beingproposed that will enhanceconservation and survival ofwildlife in their area;land use practices in the area andproposed measures to ensure landuse compatibility with wildlifeCommunitywildlifeassociations andwildlifemanagers.

12772013 Wildlife Conservation and Management(v)conservation;methods of monitoring wildlifeand wildlife user activities:(vi) community wildlife scoutingscheme that will help to providewildlife surveillance and assist inaddressing problem animalcontrol; and(vii) any other aspect deemednecessary; and(d) such other information as the Director Generalmay require.(4) The Service shall keep an up to date record of allapproved associations, wildlife managers and wildlifeuser activities that the associations and managers areinvolved in.41. An association or wildlife managerapproved by the Cabinet Secretary on therecommendation of the service in consultation with thecounty wildlife conservation committees shall:(a) ensure that the association membership orthe wildlife manager protects, conservesand manages wildlife conservancies andsanctuaries under their jurisdictionspursuant to their respective approvedmanagement plans;(b) assist the service in combating illegalactivities, including poaching and bushmeat trade;-(c) keep the regional wildlife conservationarea committee informed of anydevelopment changes and occurrenceswithin their area that may adverselyaffect wildlife;(d) assist in problem animal control throughcommunity wildlife scouts drawn fromamong their membership or employees;andNo. 47Functions ofcommunitywildlifeassociations andwildlifemanagers.

No. 471278Wildlife Conservation and Management 2013(e) do any other act that is necessary toenhance community participation inwildlife protection, conservation andmanagement.42. (1) Any person who is registered as aproprietor of land in accordance with the provisions ofany written law may donate or bequeath all or part of thatland to the national government, county government,community, an educational institution or an associationfor purposes of wildlife conservation.(2) The wildlife conservation area established on theland so donated or bequeathed shall be gazetted inaccordance with this Act as a national park, nationalreserve, conservancy or sanctuary.(3) The land so donated or bequeathed shall not beused for any purpose other than the establishment of awildlife conservation area as originally desired by theprevious owner.43. (1) Where the County WildlifeConservation and Compensation Committee is concernedthat the management of a wildlife conservancy orsanctuary is below the standard expected from themanagement plan or there is a request for assistance fromthe registered user, the County Wildlife Conservationand Compensation Committee shall work with theregistered users with regard to discussing and monitoringthe management situation and making suitablerecommendations which may include -(a) action to be undertaken by the registered user(c) action to be undertaken by the registered user inconjunction with the Service;(c) action to be undertaken by the Service on behalfof the registered user;(d) deregistration of user rights, and, whereapplicable de-gazettement.(2) Where action is taken by the Service undersubsection 1(b) or (c), any reasonable expenses incurredby the Service may be deducted from any profits accruingDonations andbequests.Standards ofmanagement.

12792013 Wildlife Conservation and Managementto the wildlife conservancy or sanctuary.No. 4744. (1) Every national park, marine protectedarea, wildlife conservancy and sanctuary shall bemanaged in accordance with a management plan thatcomplies with the requirements prescribed by the FifthSchedule.(2) In preparing and adopting a management plan,the Service shall consult with the county wildlifeconservation committee. In the case of protected areas,the formulation and implementation of management plansshall involve the participation of neighbouringcommunities.(3) The Cabinet Secretary shall, by notice in theGazette, publish the approved management plans inrespect of national parks, marine protected areas, wildlifeconservancies and sanctuaries;(4) No development will be approved in the absenceof management plans approved in subsection (3).(5) The Cabinet Secretary shall, initiate publicconsultation for purposes formulating managing planguidelines.45. (1) No person shall mine or quarry in a nationalpark without the approval and consent of the Service.(2) The Service, shall only approve and give consentfor mining or quarrying where—(a) the area does not contain endangered orthreatened species;(b) the area is not a critical habitat and ecosystem forwildlife;(c) the area is not an important catchment area orsource of springs;Managementplans.Consentminingquarrying.forand(d) an environmental impact assessment has beencarried out in accordance with the provisions ofthe Environmental Management andCoordination Act, 1999;(e) approval has been obtained from thein

No. 471280Wildlife Conservation and Management 2013accordance with the applicable law regulatingmining;(f) the miner has undertaken through execution of abond the value of which will be determined bythe Service , to rehabilitate the site uponcompletion of his operation to a level prescribedby the Service and the Mining Act:Provided that the Cabinet Secretary may, on therecommendation of the Service, and afterconsultation with the Cabinet Secretaryresponsible for mining, by notice in the Gazette,publish rules to regulate and govern miningoperations in such protected areas;(g) the carrying on of mining or quarrying operationsshall not contravene any rules made under thisAct.(3) Subject to subsection (2), mining or quarryingmay be carried out in a national park and reserve underthe authority issued by the Service.(4) The provisions of this section with respect tomining and quarrying shall apply mutatis mutandis withrespect to wildlife conservancy and sanctuary.(5) No person shall undertake oil or gas explorationand extraction without the consent of the CabinetSecretary, and with the prior approval of the NationalAssembly.46. (1) The Cabinet Secretary may, on theadvice of the Service and in consultation with theNational Land Commission, by notice in the Gazette,publish a national list of wildlife ecosystems and habitatsthat are endangered and threatened and are in need ofprotection.(2) A list published under subsection (1) shalldescribe in sufficient detail the location of eachecosystem on the list, the threats and the measures beingtaken to restore and maintain its ecological integrity forenhanced wildlife conservation through development andimplementation of a management plan.Protectionendangeredthreatenedecosystems.ofand

12812013 Wildlife Conservation and ManagementNo. 47(3) The Cabinet Secretary shall, upon therecommendation of the Service, every five years reviewany national list published under subsection (1) of thissection.47. (1) The species of wildlife set out in theSixth Schedule are declared to be critically endangered,vulnerable, nearly threatened and protected species.(2) The Service shall amend the Sixth Schedulefrom time to time as necessary.Endangered andthreatened species.48. (1) A person may not carry out anyactivity involving a specimen of a listed species withouta permit from the Service.(2) The Cabinet Secretary may, on recommendation ofthe Service, by notice in the Gazette, prohibit thecarrying out of any activity:-(a) which is of a nature that may negatively impact onthe survival of a listed species; or(b) which is specified in the notice or prohibit thecarrying out of such activity without a permitissued by the Service.Restrictedactivitiesinvolvingspecies.listed49. (1) The Service may develop andimplement recovery plans for the conservation andmanagement of all the species listed under the SeventhSchedule.(2) The Service shall, in developing the recoveryplans, to the maximum extent practicable:-(a) give priority to those rare, endangered andthreatened species; and(b) incorporate in each recovery plan-(i) a description of such site-specificmanagement actions as may be necessaryto achieve the plan’s goal for theconservation and survival of the species;(ii) objective, measurable criteria which, whenmet, would result in the species beingSpeciesplans.recovery

No. 471282Wildlife Conservation and Management 2013removed from the list; and(iii) estimates of the time required and the costto carry out those measures needed toachieve the goal of the plan.(3) The Service may, in developing andimplementing recovery plans, enlist the services ofappropriate public, private or non-governmentalorganizations and institutions and other qualifiedpersons:(4) The Cabinet Secretary shall report biannually tothe National Assembly through the National WildlifeConservation Status Report on the status of efforts todevelop and implement recovery plans for all nationallylisted species and on the status of all species for whichsuch plans have been developed.(5) The Service shall implement a system, incooperation with the county wildlife conservationcommittees, community wildlife associations andwildlife managers, to monitor effectively for not less thanfive years the status of all species which have recoveredto the point at which the measures provided pursuant tothis section are no longer necessary and which, inaccordance with the provisions of this section, have beenremoved from the lists published in the Sixth Schedule.PART VII—ESTABLISHMENT OF THEWILDLIFE RESEARCH AND TRAININGINSTITUTE50. (1) There is established an institute to beknown as the Wildlife Research and Training Institute(hereinafter referred to as “the Institute”).Establishmentof the WildlifeResearch andTrainingInstitute.(2) The Institute is a body corporate with perpetualsuccession, and a common seal and shall in its corporatename, be capable of—(a) suing and being sued;(b) taking, purchasing and disposing ofmovable and immovable property;

12832013 Wildlife Conservation and Management(c) borrowing money;(d) entering into contracts; and(e) doing or performing such other things oracts for the proper discharge of itsfunctions under this Act, which may belawfully done or performed by a bodycorporate.51. The object and purposes of the Institute shallbe to undertake and co-ordinate wildlife research andtraining in accordance with the provisions of this Act.No. 47Object and purposeof the Institute.52. (1) The Institute shall—(a) collect and analyze wildlife data andinformation, to support planning anddecision making by differentstakeholders, relating to—(b)(i)inventory and status of wildliferesources countrywide;(ii) trends in wildlife conservation andmanagement approaches andpractices;(iii) processes or activities likely toimpact on sustainable wildlifeconservation and management;and(iv) wildlife statistics;undertake research through remotesensing and geographicinformation system to enhancewildlife conservation andmanagement;(c) undertake wildlife diseasesurveillance and control;(d)determine, in consultation with theService and the relevant leadagencies, the carrying capacities ofthe various wildlife conservationFunctions of theInstitute.

No. 47(e)(f)1284Wildlife Conservation and Management 2013areas and their conservation needsand priorities;assess information, that is the basisof ecosystem-based managementplans for all wildlife conservationareas;undertake wildlife research andrelated emerging areas;(g) provide training and capacitydevelopment programmes, coursesin wildlife conservation andmanagement and relateddisciplines and award diplomasand certificates;(h)(i)(j)(k)(l)establish with approval of theCabinet Secretary, suchcampuses or centres for trainingand capacity development as arenecessary and in the furtherance ofwildlife research and training;enter into association with otherinstitutions of learning, within oroutside Kenya, as the Institute mayconsider necessary or appropriateand in furtherance of wildliferesearch and training;give information on early warning,disaster management, impacts andmitigation and adaptive strategiesto climate change in wildlifeconservation areas;organize symposia, conferences,workshops and other meetings topromote the exchange of views onissues relating to wildlife researchand training; andperform any other functions thatare ancillary to the object andpurpose for which the Institute isestablished.

12852013 Wildlife Conservation and Management(2) Admission to the Institute of candidates fordiplomas and other awards of the Institute shall be opento all persons accepted as qualified for such admissionwithout distinction on the basis of ethnic origin, genderor creed being imposed on any person as a condition ofhis or her becoming or continuing to be a student at theInstitute.53. (1) There shall be the Board of theInstitute which shall consist of—(a)(b)(c)(d)(e)(f)a chairperson appointed by thePresident;the Principal Secretary of theministry for the time beingresponsible for matters relating towildlife or his or herrepresentative;the Principal Secretary of theministry for the time beingresponsible for matters relatingfinance or his or herrepresentative;the Principal Secretary of theministry for the time beingresponsible for matters relating toscience and technology or his orher representative;the Director of the Institute, whoshall be the secretary; andseven other members, not beingpublic officers, nominated orselected through a competitiveprocess taking into accountregional balance and gender parityand appointed by the CabinetSecretary, of whom –(i)one shall represent thenational umbrella wildlifeassociation;No. 47Board of theInstitute.

No. 471286Wildlife Conservation and Management 2013(ii) two shall representcommunity and privatelymanaged wildlife areas;(iii)two shall represent theinstitutions of higherlearning; and(iv) two shall be personsqualified and competent inwildlife, natural resourcesmanagement, biodiversityand environmentaleconomics or relateddisciplines.(2) The members of the Board of the Institute shallbe appointed at different times so that the respectiveexpiry dates of their terms of office shall fall at differenttimes.(3) At their first sitting, the members of the Boardof the Institute shall elect a vice chairperson from amongthe members appointed under subsection (1)(f).(4) The Board of the Institute shall ensure theproper and effective performance of the functions of theInstitute.(5) The Board of the Institute may enter intopartnership with another body or organization within oroutside Kenya as it may consider appropriate infurtherance of the object and purpose for which theInstitute was established.(6) The members of the Board of the Institute shallbe paid allowances determined by the Cabinet Secretary,in consultation with the Salaries and RemunerationCommission.54. (1) A member of the Board of theInstitute, other than an ex-officio member, shall holdoffice for a term of three years and shall be eligible forre-appointment for one further term not exceeding threeyears.(2) A member of the Board of the InstituteTenurevacationoffice.andof

12872013 Wildlife Conservation and Managementappointed under section 53(1)(a) and (f) may, at anytime, resign from office by giving a notice, in writing,addressed to the appointing authority.(3) A member of the Board of the Institute, otherthan an ex-officio member, who is absent from threeconsecutive meetings of the Board of the Institutewithout sufficient cause shall cease to be a member ofthe 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, theCabinet Secretary shall determine whether the inabilitywould result in the declaration of a vacancy.(5) Where there is a vacancy—(a) under subsection (2) or (3) or section56(2);(b) as a result of declaration undersubsection (4); or(c) by reason of the death of a member,the Cabinet Secretary shall appoint another person inaccordance with the provisions of section 53 to fill thatvacancy.55. The conduct of the meetings of the Boardof the Institute shall be in accordance with the FirstSchedule.No. 47Conduct of themeetings of theBoard of theInstitute.56. (1) A member of the Board of the Institutewho has an interest in a matter for consideration by theBoard of the Institute shall disclose, in writing, the natureof that interest and shall not participate in anydeliberations of the Board of the Institute relating thatmatter.(2) A member of the Board of the Institute whofails to disclose interest in a matter in accordance withsubsection (1) shall cease to be a member of the Board ofthe Institute.57. Subject to this Act, the Board of theInstitute may, by resolution either generally or in anyparticular case, delegate to a committee of the Board ofthe Institute or to a member, officer, employee or agentDisclosureinterest.Delegationfunctions.ofof

No. 471288Wildlife Conservation and Management 2013of the Institute, the exercise of any of the powers or, theperformance of any of the functions or duties of theBoard of the Institute under this Act.58. (1) The Cabinet Secretary shall, inconsultation with the Board of the Institute and subject tosubsection (2), appoint the Director of the Institutethrough a competitive process.(2) A person shall not be qualified for theappointment as the Director under subsection (1) unlessthat person holds an advanced degree from a recognizeduniversity in the field of wildlife, biodiversity, naturalresource management or other natural resource-relateddiscipline and has at least ten years’ experience in therelevant field at senior management level.(3) A person appointed to be the Director of theInstitute under subsection (1) shall hold office for a termof three years but shall be eligible for re-appointment forone further term of three years.(4) The Director shall be the chief executive officerof the Institute.(5) The Board of the Institute may appoint suchofficers and other staff of the Institute that are necessaryfor the proper and effective performance of the functionof the Institute.59. (1) A person shall not undertake researchon the wildlife sector unless that person has a researchpermit granted by the Institute to carry out the research.(2) A person granted a research permit undersubsection (1) shall be required, upon completion of theresearch, to deposit a copy of the research report, thesisor assessment with the Institute in a manner prescribedby the Institute.(3) Where a person carrying out the research is fromoutside Kenya, that person shall be required to have asponsoring institution from the home country and alocally recognized collaborating institution which shallguarantee that the researcher shall comply with therequirements under this Act.(4) The Cabinet Secretary may, on his own motionor on recommendation of the Board of the Institute,Appointment ofthe Director andother staff.Researchpermit.

12892013 Wildlife Conservation and Managementprescribe regulations to carry out the purposes of thissection.60. (1) The Institute shall, in collaborationwith the Service and other relevant lead agencies andstakeholders, establish a comprehensive wildlifedatabase.(2) The database established under subsection (1)shall include relevant data produced by the KenyaNational Bureau of Statistics, universities and otherresearch institutions or as a consequence of collaborativeresearch by the Institute with foreign institutions andresearchers.(3) The Institute shall, in consultation with theService, the relevant lead agencies and otherstakeholders, ensure that data is collected in accordancewith any harmonized national standards that may beprescribed under this Act or regulations madehereunder.(4) The Institute shall, in respect of the data andinformation that it holds, progressively make the data andinformation available and accessible, through any means,to all the stakeholders and the general public.(5) The Cabinet Secretary may, on his or her ownmotion or on recommendation of the Board of theInstitute, prescribe regulations to carry out the purposesof this section.61. (1) The Director shall, on request, haveaccess to the public records or documents of a leadagency in custody of a person or an establishment where,in his or her opinion, the information sought is for thepurposes of obtaining the required wildlife data orcompletion or correction of the information alreadyobtained.(2) A person who fails or refuses to grant theDirector access to the records or documents inaccordance with subsection (1) commits an offence.62. (1) Subject to subsection (3), a personmay, upon application, access any data or informationupon payment of a prescribed fee.(2) The Institute shall avail the data orNo. 47Establishmentof wildlife database.Director to haveaccess to publicrecords etc.Access towildlife data.

No. 471290Wildlife Conservation and Management 2013information under subsection (1) in the format requestedunless-(a) it is reasonable for it to make theinformation available in another format; or(b) the information is already publicly availableand easily accessible to the applicant inanother format.(3) The Institute may refuse to grant an applicationunder subsection (1) where the data or informationrequested is classified and restricted.(4) The Institute shall communicate to theapplicant, in writing, the reasons for refusal withintwenty-one days from the date of the making thedecision.(5) The Cabinet Secretary may, on his or her ownmotion or on recommendation of the Board of theInstitute, prescribe regulations to effectively carry out ofthe provisions of this section.63. There shall be a general fund of theInstitute which shall vest in the Board of the Instituteand into which shall be paid—(a)monies appropriated by Parliamentfor the purposes of the Institute;Funds of theInstitute.(b)(c)(d)(e)monies that may accrue to or vestin the Institute in the course of theperformance of its functions;monies provided to the Institutefrom the Wildlife EndowmentFund;donations, gifts and grants made tothe Institute; andmonies from any other sourcesapproved by the Cabinet Secretaryfor the time being responsible formatters relating to finance.(2) There shall be paid out of the general fund of theInstitute any expenditure incurred by the Institute in the

12912013 Wildlife Conservation and Managementexercise of its powers or the performance of its functionsunder this Act.(3) The Institute may, subject to the approval ofthe Cabinet Secretary for the time being responsible formatters relating finance, invest any funds notimmediately required for its purposes, as it maydetermine.64. (1) The Cabinet Secretary may, on hisor her own motion or on recommendation of the Boardof the Institute, develop monitoring mechanisms and setindicators to determine—(a) sound management of wildlife resources inKenya; and(b) trends affecting Kenya’s wildlife conservationand management.(2) The Cabinet Secretary shall require anyperson collecting data or information that is relevant tothe wildlife resources to regularly report to the CabinetSecretary on the results of the monitoring mechanismsagainst the predetermined indicators set out in thenational wildlife conservation and management strategyprescribed under this Act.(3) The Cabinet Secretary shall, at least onceevery five years, submit to the National Assembly awildlife resources monitoring report showing theachievement made in the implementation of the past orsubsisting national wildlife conservation andmanagement strategy and avail the said wildliferesources monitoring report to the public.Monitoringmechanisms.No. 47PART VIII—CONSERVATION ORDERS,EASEMENTS AND INCENTIVESWildlife Conservation Orders and Easements65. (1) Wildlife conservation easements maybe created by voluntary private arrangement or uponappropriate application to the Environment and LandCourt.(2) A party may enter into an agreement with a landowner for a wildlife conservation easement to be createdConservationorderseasements.and

No. 471292Wildlife Conservation and Management 2013on that person’s land, subject to that agreement beinglegally recognized.(3) A court may grant a wildlife conservation orderor easement subject to the provisions of this Act;(4) Without prejudice to the generality of subsection(1), a wildlife conservation order or easement may becreated so as to—(a) further the principles of sustainable wildlifeconservation and management;(b) preserve flora and fauna;(c) create or maintain migration corridors anddispersal 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 andlandscapes;(g) prevent or restrict the scope of any mining ormineral or aggregate workings that wouldadversely affect wildlife conservation;(h) prevent or restrict the scope of agricultural orother land use activities that would adverselyaffect wildlife conservation; and(i) prevent or restrict the scope of infrastructuralactivities that would adversely affect wildlifeconservation.(3) A wildlife conservation order or easement shallbe attached to the land in perpetuity or for a term of yearsor for an equivalent interest under customary law asagreed to by the parties to a private agreement or asdetermined by the court.(4) An order or easement may exist in gross; that isto say, the validity and enforceability of the order oreasement shall not be dependent on the existence on aplot of land in the vicinity of the burdened land whichcan be benefited or, of a person with an interest in that

12932013 Wildlife Conservation and Managementplot of land who can be benefitted by the order oreasement.66. (1) A person or a group of persons may makean application to the court for the grant of one or morewildlife conservation orders or easements(2) The court may impose such conditions on thegrant of a wildlife conservation order or easement as itconsiders to be best calculated to advance the cause ofsuch order or easement:Provided that in exercising the jurisdictionconferred upon it by this section, the court may requirethe Service or appoint any persons with special skills orknowledge on wildlife conservation orders or easementsto prepare a technical report for proper determination ofthe matter.67. (1) Proceedings to enforce an order oreasement may be commenced only by the person inwhose name the order or easement has been issued.(2) Proceedings to enforce an easement may requestthe court to:(a) grant a wildlife conservation order(b) grant any remedy available under the law relatingto easements in respect of land.(3) The court shall have discretion to adapt andadjust, so far as seems necessary to it, the law andprocedures relating to the enforcement of therequirements of an order or easement.68. (1) Where an order or easement iscreated on land the title of which is registered under aparticular system of land registration, the easement shallbe registered in accordance with the provisions of theAct applicable to that particular system of registration(2) Where an order or easement is created on anyland other than land referred to in subsection (1), theCounty Wildlife Conservation and CompensationCommittee of the area in which that land is situated shallregister the order or easement in a register maintained forthat purpose.No. 47Application forwildlifeconservationorders andeasements.Proceedings toenforce wildlifeconservationorders andeasements.Registration ofwildlifeconservationorders andeasements.

No. 471294Wildlife Conservation and Management 2013(3) In addition to any matter which may be requiredby any law relating to the registration of orders andeasements in respect of land, the registration of a wildlifeconservation easement shall include the name of theapplicant for the easement or beneficiary of the easementas the person in whose name the easement is registered.69. (1) Parties to a voluntary easement maynegotiate appropriate compensation for any loss ordiminishment of value of land due to the creation of theeasement.(2) where a wildlife conservation order oreasement is imposed by the court on land on which anyperson has, at the time of creating the order or easement,any existing right or interest in the land and that suchorder or easement will restrict the right or interest, thereshall be paid to that person, by the applicant for the orderor easement such compensation as may be determined inaccordance with this section.(3) Any person who has a legal interest in the landwhich is the subject of an order or easement imposed bythe court, shall be entitled to compensationcommensurate with the lost value of the use of the land.(4) A person described in subsection (3) mayapply to the court that granted the order or easement forcompensation stating the nature of the legal interest inthe burdened land and the compensation sought.(5) The court may require the applicant for theorder or easement to bear the cost of compensating theperson described in subsection (3)(6) The court may, if satisfied that the order oreasement sought is of national importance, order that theGovernment compensates the person described insubsection (3).70. (1) Every person has the right to practicewildlife conservation and management as a form ofgainful land use.(2)The right specified in subsection (1) shallrequire the party to invest resources for that practice.(3) The party shall ensure that the wildlife ismaintained in a healthy, natural, and secure state:Compensationfor wildlifeconservationorders andeasements.Incentives andbenefit sharing.

12952013 Wildlife Conservation and ManagementProvided that this practice shall be carried out where theland is suitable for such practice, subject to the terms andconditions of the licence issued by the Cabinet Secretary.71. (1) Every person has the right toreasonable access to wildlife resources and shall beentitled to enjoy the benefits accruing there-from withoutundue hindrance.(2) The right set out in subsection (1) shall beexercised with due regard to the rights and privileges ofother stakeholders.72. (1) Utilisation and exploitation of wildliferesources by any person whether individual land owneror in a conservation area, and wherever else shall bepractised in a manner that is sustainable and inaccordance with regulations made under this Act.(2) The manner, form, nature and style of thepractice under subsection (1) shall be in conformity withthe provisions of the relevant laws, including land usemanagement and planning.73. The Cabinet Secretary, in consultationwith the land owner, the National Land Commission, theCommission on Revenue Allocation and in liaison withthe Service shall, formulate regulations and guidelines onaccess and benefit sharing.74. (1) Land owners shall facilitate the ease ofmovement of wildlife from one area to the otherconsidering their migratory nature that attaches to theresource.(2) Any benefits accrued as a result of subsection(1) may be shared among relevant parties on a case bycase basis, whether county, conservancy or individualland owner.(3) The parties under subsection (2) may enter intoagreements for the purpose of benefit sharing and relatedtransactions.(4) The agreements reached under subsection (3)shall within twenty-one days be filed and registered withthe Cabinet Secretary which will consider grantingapproval for the same.No. 47Right toreasonable access.Sustainableutilization andexploitation.Cabinet Secretarymay makeregulations.Migration ofwildlife.

No. 471296Wildlife Conservation and Management 201375. (1) In furtherance of the spirit mutual coexistencein the framework of human – wildlife conflict,every decision and determination on the matter ofconservation and management of the wildlife resourceshall not be exercised in a manner prejudicial to therights and privileges of communities living adjacent toconservation and protected areas:Provided that in the parties shall have due regardfor the provisions of the appropriate and enabling laws,including laws on devolution and land management.76. (1)The Cabinet Secretary shall, uponadvice by the Service, in consultation with theCommission on Revenue Allocation, formulateguidelines regarding incentives and benefit sharing, andthe nature and manner in which the same shall bedistributed.(2) The Cabinet Secretary shall publish in theGazette within twenty-one days of the formulation rulesand regulations to govern the regime on incentives andbenefits.(3) The guidelines under this section shall besubjected to public scrutiny at every stage of theirformulation within the framework of the laws ondevolution and land management.(4) The guidelines on benefit sharing shallcomply with the minimum conditions that a minimum offive per cent of the benefits from national parks shall beallocated to local communities neighbouring a park.(5) Subject to Article 66 of the Constitution,private investments in conservancies shall benefit localcommunities and investors shall provide such benefits byapplying various options including infrastructure,education and social amenities.PART IX—HUMAN-WILDLIFE CONFLICTco-MutualexistenceGuidelines onincentives andbenefit-sharing.77. (1) Any authorised officer of the Servicemay, with the consent of the owner or occupier in respectof private land, where it is necessary for the purpose , goonto any land to destroy any animal which has beendeemed a problem animal:Problem animals.

12972013 Wildlife Conservation and ManagementProvided that where the animal is a dangerousanimal, which has been previously wounded or otherwiseinjured so as to make it a potential source of danger tohuman life, the officer may follow such animal with theintention of killing it on any land notwithstanding thatthe prior consent of the owner or occupier of the land hasnot been obtained. The Service shall under suchcircumstances provide the owner or occupier asubsequent report of what occurred.(2) Notwithstanding anything to the contrary inthis Act, the owner or occupier of land, or any agent ofsuch owner or occupier may, subject to the provisions ofthis Act, destroy any animal which has been deemed aproblem animal:Provided that nothing in this section shallauthorize the killing of a problem animal in a protectedarea, or the use of any poison, pitfall or snare for thekilling of any such animal.(3) Any person who kills an animal in thecircumstances set out in subsection (1) shall, as soon aspossible, and in any case not later than forty-eight hoursafter the event, report the circumstances of such killing anddeliver the trophies of such animal, to the nearest wildlifeoffice or police station.78. (1) Notwithstanding anything in this Act,it shall not be unlawful for any person to kill or woundany wild animal in the defense of himself or any otherperson if immediately and absolutely necessary.(2) The burden of proving that a wild animal hasbeen killed or wounded in accordance with subsection(1) shall lie with the person who killed or wounded thewild animal.PART X-LICENSING AND REGULATION79. Except as, or to such extent as may bespecifically provided in this Act, no person or entity shallundertake any wildlife-use activity otherwise than underand in accordance with the terms and conditions of alicence issued or permit granted under this Act.80. (1) The Cabinet Secretary may, uponsuccessful registration of the applicant with theUnlawfulwoundinganimalsLicensing.Wildliferights.No. 47ofuser

No. 471298Wildlife Conservation and Management 2013County Wildlife Conservation and CompensationCommittee grant a general permit for non consumptivewildlife user rights, including -(a) wildlife-based tourism;(b) commercial photography and filming;(c) educational purposes;(d) research purposes;(e) cultural purposes; and(f) religious purposes.(2) The permit shall be in a prescribed manner andmay set conditions in regard to duration, infrastructuredevelopment and any other aspects as may beappropriate.(3) The Cabinet Secretary may, upon successfulregistration of the applicant with the County WildlifeConservation and Compensation Committee grant alicence in accordance with the provisions set out in theEighth Schedule with regard to consumptive wildlife useactivities, 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 inwhich game ranching may be allowed shall be as set outin the Tenth Schedule.81. (1) The holder of a licence issued undersection 68 may, with the approval of the Service and onpayment of the prescribed fee, assign any or all thewildlife user rights granted under the licence to an agentthat the applicant has determined to be suitably qualified.(2) The Service shall decline any application forassignment of a licence if, in the opinion of the Service,such assignment would derogate from the mainAssignmentwildliferights.ofuser

12992013 Wildlife Conservation and Managementobjectives and purposes set out in the instrument grantingthe wildlife user rights.(3) The instrument granting the wildlife userrights shall be deemed to provide that any person shall beliable for all the activities, acts and omissions of theassignee or assignees of its rights under the licence.82. (1) The Cabinet Secretary may withdraw aparticular wildlife user right granted under this Actwhere-(a) the licensee is in breach of theterms and conditions thereof;(b) he or she considers such action asnecessary for purposes of protectingand conserving wildlife; or(c) the licencee so requests.(2) Where the Cabinet Secretary intends towithdraw a particular user right on either of the groundsstipulated in subsection (1) (a) or (b) of this section, he orshe shall give the affected person thirty days’ notice toshow cause why the wildlife user right should not be sowithdrawn.(3) Where the licencee is aggrieved by the decisionof the Cabinet Secretary, the licencee may, within thirtydays after being notified of the decision, appeal to theNational Environment Tribunal established under theEnvironmental Management and Coordination Act, 1999or seek further redress in the Environment and LandCourt.83. (1) Except as otherwise provided for inthe Eighth Schedule, the following shall be Governmenttrophies and the property of the Government—(a) any trophy found without an owner;(b) any animal found dead or killed by accident ormistake;(c) any animal killed in defense of life, or in othercircumstances authorized by or under this Act;(d) any animal or trophy in respect of which a breachof any of the provisions of this Act or regulationsor the rules has been committed;Withdrawalwildliferights .Governmenttrophies.No. 47ofuser

No. 471300Wildlife Conservation and Management 2013(e) any animal killed by a member of the Service inthe course of duty.(2) The provisions of subsection (1) of this sectionshall not apply where such trophy is kept for culturalpurposes.(3) The Service shall, in every year, audit the numberof trophies in possession of the Government and publishthe results of the audit in the Gazette.(4) The Cabinet Secretary may, on therecommendation of the Service, by notice in the Gazette,prescribe appropriate measures, rules, regulations andguidelines including those required for the disposal ofGovernment trophies.84. (1) No person shall operate as a trophydealer without a license issued by the Service.(2) The Cabinet Secretary may grant a trophydealers’ license in accordance with the provisions set outin the Eighth Schedule.85. (1) No person shall import, export, reexport,or otherwise trade in any wildlife species withouta 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 applicationrelates,(c) the species and number of specimens of thespecies to be traded:Provided that a permit shall only be issued incases where—(i)the purpose for which the application ismade is not detrimental to the survivalof the species,(ii) compensation has been paid whereappropriate, to the concernedcommunities, and(iii) permission to export or re-export thesubject specimen has been granted byDealingtrophies.inApplication andissuance of apermit.

13012013 Wildlife Conservation and Managementthe relevant authority of the country ofexport or re-exports.(2) The Service may, issue a permit on such termsand conditions as may be appropriate and necessary toenhance conservation and management of listed species.(3) The Cabinet Secretary may, on therecommendation of the Service, by notice in the Gazette,formulate rules, regulations and guidelines as arenecessary and appropriate to carry out the purposes ofthis section.86. The Service may revoke a permit issuedunder section 80 where it finds that the permit holder isnot complying with the terms and conditions of thepermit.87. (1) The Service shall maintain registers of -(a) all licences and permits issuedunder this Act;(b)national parks, national reserves,wildlife conservancies andsanctuaries established under thisAct and the management thereof;(c) all community wildlife scouts involved inconservation and management of wildlife;(d) all management plans developed pursuant to theprovisions of this Act.(2) All registers maintained under this section shallbe open for inspection at the Service’s premises, or suchdesignated office, by members of the public duringofficial working hours.PART XI—OFFENCES AND PENALTIES88. (1) Any person who-(a) willfully and without reasonable causecontravenes an approved managementplan; or(b) fraudulently alters the approvedmanagement plan under this Act,commits an offence.No. 47Revocation of apermit.Recordsregistrationpermitslicenses.andofandOffences relatingto managementplans.

No. 471302Wildlife Conservation and Management 2013(2) Any person who commits an offence withrespect to this section shall be liable upon conviction to–(a)(b)a fine of not less than five hundredthousand shillings or imprisonment for aterm of not less than two years or bothsuch fine and imprisonment, where theoffence is committed with respect to anational park, national reserve or nationalsanctuary;a fine of not less than one hundredthousand shillings in any other case.89. (1) Any person who-(a) discharges any hazardous substances orwaste or oil into a designated wildlifearea contrary to the provisions of this Actand any other written law;(b) pollutes wildlife habitats and ecosystems;(c)discharges any pollutant detrimental towildlife into a designated wildlifeconservation area contrary to theprovisions of this Act or any other writtenlaw, commits an offence and shall beliable upon conviction to a fine of not lessthan two million shillings or toimprisonment of not less than five yearsor to both such fine and imprisonment.(2) In addition to any sentence that the court mayimpose upon a polluter under subsection (1) of thissection, the court may direct that person to –(a)(b)pay the full cost of cleaning up the pollutedwildlife habitat and ecosystem and ofremoving the pollution; andclean up the polluted habitats and ecosystemsand remove the effects of pollution to thesatisfaction of the Service.(3) Without prejudice to the provisions ofsubsections (1) and (2) of this section, the court maydirect the polluter to contribute to a wildlife conservationactivity as compensation, restoration and restitution.Offences relatingto pollution.

13032013 Wildlife Conservation and Management90. Any person who-(a) fails, neglects or refuses to comply with awildlife conservation order made underthis Act;(b) fails, neglects or refuses to comply withan easement issued under this Act,commits an offence and shall be liable upon convictionto a fine of not less than five hundred thousand shillingsor to imprisonment of not less than three years or to bothsuch fine and imprisonment.91. Any person who, for the purpose ofobtaining, whether for himself or another, the issue of alicense or permit –(a) knowingly or recklessly makes a statement orrepresentation which is false in a materialparticular; or(b) knowingly or recklessly furnishes a documentor information which is false in a materialparticular; or(c) for any purpose in connection with this Act,knowingly or recklessly uses or furnishes afalse, falsified or invalid license or permit orone is altered without authorization; or(d) knowingly contravenes any condition orrequirement of a licence or permit,commits an offence and shall be liable upon conviction,to a fine of not less than two hundred thousand shillingsor to imprisonment of not less than one year or to bothsuch fine and imprisonment.92. Any person who commits an offence in respectof an endangered or threatened species or in respect ofany trophy of that endangered or threatened species shallbe liable upon conviction to a fine of not less than twentymillion shillings or imprisonment for life or to both suchfine and imprisonment.93. Any person who –(a) knowingly introduces an invasive speciesinto a wildlife conservation area aninvasive species; orNo. 47Offences relatingto conservationorders andeasements.Offences relatingto licenses andpermits.Offences relatingto endangered andthreatened species.Offensestospecies.relatinginvasive

No. 471304Wildlife Conservation and Management 2013(b) fails to comply with the measuresprescribed by the Cabinet Secretary setout under this Act,commits an offence and shall be liable upon convictionto a fine of not less than three hundred thousand shillingsor to imprisonment of not less than one year or to bothsuch fine and imprisonment.94. (1) Except as may be necessitated by suddenemergency endangering the safety of any aircraft orpersons carrying out an evacuation, the proof of whichshall lay on the pilot thereof, no aircraft -(a) shall land in a wildlife protected areaother than at a designated landing areaand in accordance with the Park rules;(b) shall, except for the purpose of landing ator taking off from a designated landingsite, be flown at a height over a wildlifeprotected area set by the Service inconsultation with the Kenya CivilAviation Authority:Provided that nothing in this section shall apply tothe operation of any aircraft which is, at the time of thecontravention, being used for any purpose of the Serviceor any other operations authorized by the Service.Offences relatingto flying aircraft inwildlifeconservation areas.95. Any person who keeps or is found inpossession of a wildlife trophy or deals in a wildlifetrophy, or manufactures any item from a trophy withouta permit issued under this Act or exempted in accordancewith any other provision of this Act, commits an offenceand shall be liable upon conviction to a fine of not lessthan one million shillings or imprisonment for a term ofnot less than five years or to both such imprisonment andfine.96. (1) A person who engages in sporthunting or any other recreational hunting commits anoffence and shall be liable, on conviction, to–Offences relatingto trophies andtrophy dealing.Offences relatingto sport hunting.

13052013 Wildlife Conservation and Management(a) a fine of not less than twenty million shillings orimprisonment for life;(b) a fine of five million shillings or imprisonmentof five years or to both such fine andimprisonment;(c) a fine of one million shillings or imprisonment oftwo years or to both such fine and imprisonment.(2) The categories of wildlife referred to insubsection (1) shall be those set out in the NinthSchedule.97. A person who engages in hunting for thepurposes of subsistence commits an offence and shall beliable on conviction to a fine of not less than thirtythousand or imprisonment for a term of not less than sixmonths or to both such fine and imprisonment.98. A person who engages in hunting for bushmeattrade, or is in possession of or is dealing in anymeat of any wildlife species, commits an offence andshall be liable on conviction to a fine of not less than twohundred thousand shillings or to imprisonment for a termnot less than one year or to both such fine andimprisonment.99. (1) No person shall trade in, import, export,re-export or introduce any specimen of a wildlife speciesinto or from Kenya without a permit issued by theService under this Act.(2)Without prejudice to the generality of theforegoing, no person shall -(a) import any such species into, or exportany such species from Kenya;(b) take any such species within Kenya orKenya’s territorial waters;(c) take any such species upon the high seas;(d) possess, sell, deliver, carry, transport, orship, by any means whatsoever, any suchspecies taken in violation of paragraphs(b) and (c);(e) deliver, receive, carry, transport, or ship inNo. 47Offenses relatingto subsistencehunting.Offences relatingto hunting forbush-meat trade.Import and exportof wildlife species.

No. 471306Wildlife Conservation and Management 2013county commerce, by any meanswhatsoever and in the course of acommercial activity, any such species;(f) sell or offer for sale in commercialtransaction within or outside Kenya anysuch species;(g) products of listed species; or(h) violate any rules and regulationspertaining to such listed species.(3)Any person who contravenes any provisions ofthis section commits an offence and shall be liable uponconviction for category A wildlife to a fine of not lessthan ten million shillings or to imprisonment for not lessthan five years and for other wildlife categories to a fineof not less than one million shillings or to imprisonmentof not less than two years or to both such imprisonmentand fine.100. Any person who makes a false claim or makesa false statement to the County Wildlife Conservationand Compensation Committee or the Service in respectof a wildlife damage claim shall be committing anoffense and is liable upon conviction to a fine of not lessthan one hundred thousand shillings or to imprisonmentfor not less than six months or both such fine andimprisonment.101. Any person who-(a) fails to comply with a lawful requirementor demand made or given by anauthorized officer;(b) obstructs a person in the execution of hispowers or duties under this Act.commits an offence and is liable on conviction to a fineof not less than one hundred thousand shillings or toimprisonment of not less than six months or to both suchfine and imprisonment.102. (1) Any person who-(a) enters or resides in a national park orreserve otherwise than under licence,permit or in the course of his duty asOffences relatingto compensationOffenses relatingto failure complywith a lawfulorder.Breachprotectedregulations.ofarea

13072013 Wildlife Conservation and Managementauthorized officer or a person lawfullyemployed in the park or reserve, as thecase may be;(b) sets fire to any vegetation in any wildlifeprotected area or allows any fire lightedby himself or his servants to enter awildlife protected area;(c) carries out logging in a national park orreserve;(d) clears and cultivates any land in thenational park or reserve;(e) wilfully damages any object ofgeological, prehistoric, archaeological,historic, marine or other scientific interestwithin a wildlife protected area, orknowingly removes or attempts to removeany such object or any portion than in thecourse of his duty thereof from wildlifeprotected areas;(f) conveys into a protected area or is foundwithin a protected area in possession of anyfirearm, ammunition, arrow, spear, snare, trapor similar device without authorization;(g) undertakes any extractive activity in marineprotected areas; or,(h) undertakes any related activity in wildlifeprotected areas contrary to the provisions ofthis Act:commits an offence and is liable on conviction to a fineof not less than two hundred thousand shillings or toimprisonment of not less than two years or to both suchfine and imprisonment.(2) No person shall enter into a national park withany livestock for any purpose without authorization.(3) Any person who contravenes subsection (2)commits an offence and is liable upon conviction to afine not exceeding one hundred thousand shillings or toimprisonment for a term not exceeding six months.(4) The Cabinet Secretary shall make guidelines inNo. 47

No. 471308Wildlife Conservation and Management 2013consultation with the Service with respect to accessingnational parks for purposes of grazing and watering oflivestock in times of drought and other natural disasters.103. (1) When an offence against this Act, iscommitted by a body corporate, the body corporate andevery director or officer of the body corporate who hadknowledge or ought to have known of the commission ofthe offence and who did not exercise due diligence,efficiency and economy to ensure compliance with thisAct, commits an offence.(2) Where an offence against this Act is committedunder this Act by a partnership, every partner or officerof the partnership who had knowledge or ought to haveknown of the commission of the offence and who did notexercise due diligence, efficiency and economy to ensurecompliance with this Act, commits an offence.(3) A person shall be personally liable for an offenceagainst this Act, whether committed by him on his ownaccount or as an agent or servant of another person.(4) An employer or principal shall be liable for anoffence committed by an employee or agent against thisAct, unless the employer or principal proves that theoffence was committed against his express or standingdirections.104. Without prejudice to the generality of theforgoing, nothing in this Act shall stop the arrest,prosecution and conviction of an offender under theprovisions of any other written law.105. (1) The court before which a person is chargedfor an offence under this Act or any regulations madethere-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 committednotwithstanding that no person has beenconvicted of an offence,order that the wildlife trophy, motor vehicle, equipmentand appliance, livestock or other thing by means whereofthe offence concerned was committed or which was usedin the commission of the offence be forfeited to theOffences bybodies corporate.Generalprovisions.Forfeiture.

13092013 Wildlife Conservation and ManagementService 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 ofthe substance, motor vehicle, equipment, appliance,livestock or any other thing provided for in thatsubsection 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 towhich the offence relates, be cancelled.106. (1) An officer shall be personally liable for anoffense committed by that officer against the provisionsof this Act whether committed by that officer on theirown account or as agent or employee:Provided that no offense will have been committedwhere such person was acting in a lawful manner wasdischarging their functions in the course of duty.(2) Any person who has reason to believe that theprovisions of this Act have been, are being, or are aboutto be violated, may petition the High Court for—(a) a declaration that the provisions ofthis Act are being, have been, or areabout to be contravened;No. 47Commission ofoffence in thecourse of duty(b) an injunction restraining any specifiedperson from carrying out thecontravention;(c) the writ of mandamus against anofficer or a person who has failed toperform a duty imposed by or underthis Act; or any remedy at law orequity for preventing or enforcing theprovisions of this Act.107. (1) The Director of Public Prosecutions may,in accordance with the Office of the Director of PublicProsecutions Act, 2013 and this section, designatespecial prosecutors to prosecute wildlife offences underthis Part.Prosecutorialpowers.

No. 471310Wildlife Conservation and Management 2013(2) Notwithstanding the provisions of subsection(1), the Director of Public Prosecutions may, either onhis or her own or on application of an authorised officer,delegate his or her prosecutorial powers to suchauthorised officer to prosecute offences under this Act.108. (1) Any person who has reason to believe thatthe provisions of this Act have been, are being, or areabout to be violated, may petition the Environment andLand Court as established under the Environment andLand Court Act 2011, for appropriate redress.Restraint ofbreaches of theAct.PART XII—INTERNATIONAL TREATIES,CONVENTIONS AND AGREEMENTS109. (1) In order to facilitate compliance with anyinternational treaty, convention or agreement, whetherbilateral or multilateral, for which the Cabinet Secretaryhas been given implementing authority, the CabinetSecretary may make regulations and give directions toensure compliance with the obligations thereunder.(2) The treaties, conventions and agreements asspecified under subsection (1) shall be ratified pursuantto the provisions of the Treaty Making and RatificationAct, 2012 before implementation by the CabinetSecretary.(3) The Service shall keep a register of allinternational treaties, agreements or conventions relatingto the conservation and management of wildlife to whichKenya is a party.(4) The Cabinet Secretary may, on recommendationof the Service—(a) negotiate and establish trans-boundary or transfrontierwildlife conservation areas for the bettermanagement of shared wildlife resources; and(b) promulgate rules and regulations for effectivemanagement of trans-boundary or trans-frontierwildlife conservation areas established under thissection.(5) The Cabinet Secretary shall publish regularlythrough the biannual wildlife conservation status reportunder section 50(4) insert on the progress of Kenya’sInternationalinstruments,conventions andagreementsratified by Kenya..

13112013 Wildlife Conservation and Managementimplementation of wildlife related bilateral ormultilateral environmental agreements to which Kenya isa party.PART XIII—ENFORCEMENT ANDCOMPLIANCE110. An authorized officer may—(a) demand from any person the productionof an authority, license or permit for anyact done or committed by that person inrelation to wildlife resources for which anauthority, permit or license is requiredunder this Act or under any rules madethereunder;(b) require any person found within oroutside wildlife conservation areas whohas in his possession any wildlifespecimen, to produce authority, permit orlicence authorizing him to possess suchwildlife specimens, where no such proofis produced, arrest and take such personbefore a magistrate;(c) search any person suspected of havingcommitted an offence under this Act or ofbeing in possession of any wildlifespecimen in respect of which an offencehas been committed, arrest and detain theperson, seize and detain any baggage,parcel or house being used to carry or hidesuch wildlife specimen by the person orhis agent; or(d) search any vehicle or vessel and seize anddetain any wildlife specimens in respectof which there is reason to believe that anoffence has been committed, togetherwith any tools, equipment, vessels orvehicles used in the commission of theoffence:Powersauthorizedofficers.No. 47of

No. 471312Wildlife Conservation and Management 2013Provided that the authorized officer detaining theperson and seizing such property shall forthwith take theperson and the seizure to the magistrate having jurisdictionover the area where the offence takes place within twentyfourhours;(e) confiscate any equipment or receptacleplaced for purposes of capturing, harmingor killing wildlife animals; and(f) conduct investigation and undertakeintelligence gathering as appropriate on anyland, premises, vessels and vehicles toapprehend suspected offenders of this Act.(2) Notwithstanding the provisions of sub-section (1)of this section -(a) where anything seized and detained under thissection is subject to speedy and natural decay,and it is not reasonably practicable to takeeffective steps to preserve the same, the officerby whom the same is seized or an officer towhose orders he is subject may, withoutobtaining any order from a court, destroy orotherwise dispose of that thing if he considers itdesirable so to do; or(b) where any apparently unlawful means ofhunting cannot be practicably be removed fromits location it may forthwith be renderedinoperative.(3) Any authorized officer may-(a) enter any land, premises, vessel, vehicle,aircraft or trailer in order to assess thecondition of wildlife thereof or to performany such other act which he considersnecessary in the circumstances;

13132013 Wildlife Conservation and Management(b) require the production of, inspect, examineand copy licences, permits, registers,records, management plan and otherdocuments relating to this Act; andNo. 47(c) take all reasonable steps to prevent thecommission of an offence under this Act.111. (1) Any authorized officer of or above the rankof assistant warden may erect a temporary barrier acrossany road or place and any person approaching the barriershall, on being required by the officer so to do, stop andallow the officer to carry out search of his own personand of any vehicle as may appear to the officer to benecessary or expedient.Erection of atemporary barrier.(2) Any person who –(a) fails to stop or allow a search when sorequired under sub-section (1) of thissection ; or(b) assaults, resists or willfully obstructs any officerin the exercise of the powers conferred upon suchofficer by this section,commits an offence and shall be liable, on conviction, toa fine of not less fifty thousand shillings or toimprisonment for a period of not less than six months orto both such fine and imprisonment.112. (1) The President may, through theInspector-General of the National Police Service, makeavailable to the uniformed and disciplined officers of theService such firearms as may be necessary for theService to carry out its functions under this Act.Use of firearms.(2) The Service shall coordinate and control allwildlife security issues in all the national parks, nationalreserves, wildlife conservancies and sanctuaries incollaboration with other law enforcement agencies,counties and community wildlife scouts.

No. 471314Wildlife Conservation and Management 2013(3) A member of the uniformed and disciplined cadre,after acquiring the requisite training, and whenauthorized by the Director-General, may use firearms forthe following purposes, in the course of and for hislawful duty—(a) in the course of law enforcement against—(i) any person charged with an offencepunishable under this Act, when that personis escaping or attempting to escape lawfulcustody;(ii) any person who, by force, removes orattempts to remove any other person fromlawful custody;(iii) any person who, by force, attempts toprevent the lawful arrest of himself or anyother person; or(iv) any person unlawfully hunting any wildlifeusing a firearm;(b) in self-defense or in defense of another officer orother person;(c) for the protection of people and property againstany animal causing destruction to human life orcrops or livestock or property;(d) for the protection and safety of visitors againstbanditry or animals;(e) in the course of problem animal control; and(f) wildlife veterinary activities.(4) Notwithstanding the foregoing, a uniformed anddisciplined officer of the Service shall not resort to the useof firearms-(a) under paragraph (a)(i) of subsection (3), unlessthe officer concerned has reasonable grounds to

13152013 Wildlife Conservation and Managementbelieve that he cannot otherwise prevent theescape, and unless he has given ample warningto such person that he is about to use a firearmagainst him, and the warning is unheeded; orNo. 47(b) under paragraph (a)(ii), (a)(iii) or (a)(v) ofsubsection (3), unless the officer concernedbelieves on reasonable grounds that he or anyother person is in danger of grievous bodilyharm, or that he cannot otherwise prevent theremoval, effect the arrest or, as the case may be,defend himself or the other officer or person.(5) When a person has been taken intocustody for any offence under this Act, the authorizedofficer shall, if it does not appear practicable to bring thatperson to the nearest police station or competent courtwithin twenty-four hours after he has been so taken intocustody, detain the person in appropriate premises at thenearest Service station.(6) A person arrested and detained in accordance withsubsection (5) of this section shall be brought before acompetent court or the nearest police station within fortyeighthours.(7) Any person who, without authorization conveysinto a wildlife conservation area, or being within the areathereof, is in possession of, any weapon, ammunition,explosive, trap or poison, commits an offence.(8) The Cabinet Secretary may, on recommendation ofthe Service make rules and regulations in respect ofwildlife security operations in national parks, marineprotected areas, wildlife conservancies and sanctuaries.PART XIV—MISCELLANEOUS113. The common seal of and the Service shall bekept in such custody as the Board or Trustees, as the caseThe common seal.

No. 471316Wildlife Conservation and Management 2013may be, may direct and shall not be used except on theorder of the Board or Trustees.114. No matter or thing done by a member of theService or any officer, employee or agent of the Serviceshall, if the matter or thing is done bona fide forexecuting the functions, powers or duties of the Service,render the member, officer, employee or agent or anyperson acting on his directions personally liable to anyaction, claim or demand whatsoever.115. The provisions of section 114 shall not relievethe Service of the liability to pay compensation ordamages to any person for any injury to him, hisproperty or any of his interests caused by the exercise ofthe powers conferred upon the Service by this Act or byany other written law or by the failure, whether whollyor partially, or any works.116. The Cabinet Secretary may, onrecommendation of the Service, make regulations for orwith respect to any matter which is necessary orexpedient to be prescribed for carrying out or givingeffect to this Act.(2) Without prejudice to the generality of theforegoing, rules and regulations may be made under thissection for-(a) granting of wildlife user rights;(b) prescribing the amount of user fees payableunder this Act generally or in particular cases;(c) specifying the conditions subject to which anylicence, permit or authorization may be grantedor issued under this Act;(d) regulating activities in the national parks,national reserves, provisional wildlifeconservation areas, wildlife conservancies andsanctuaries and the visitor indemnity;(e) prescribing measures that enhance communityparticipation in the conservation andmanagement of wildlife;Protection frompersonal liabilityLiabilitydamages.Regulations.for

13172013 Wildlife Conservation and ManagementNo. 47(f) providing for the protection of endangered andthreatened ecosystems, habitats and species;(g) prescribing measures and mechanisms for jointmanagement of protected water towers withother lead agencies; and(h) prescribing the manner of nomination ofrepresentatives of communities and otherstakeholders to the Board, Trustees and theregional wildlife conservation area committees.(3) Rules made under this section may require acts orthings to be performed or done to the satisfaction of theService and may empower the Service or the Service to issueorders imposing conditions and dates upon, within or beforewhich such acts or things shall be performed or done.(4) The provisions of section 27 of the Interpretationand General Provisions Act shall not apply to rules madeunder this section.117. (1) Any dispute that may arise in respect ofwildlife management, protection or conservation shall inthe first instance be referred to the lowest possiblestructure under the devolved system of government as setout in the Devolution of Government Act includingtraditional resolution mechanisms.Disputes.(2) Any matter that may remain un-resolved in themanner prescribed above, shall in all appropriate cases bereferred to the National Environment Tribunal fordetermination, pursuant to which an appeal subsequentthereto shall, where applicable, lie to the Environmentand Land Court as established under the Environmentand Land Court Act, 2011.118. The Wildlife (Conservation andRepeal of CapManagement) Act is repealed.376.119. Notwithstanding section 118—(a) any land which, immediately before thecommencement of this Act, was aTransitionalprovisions.

No. 471318Wildlife Conservation and Management 2013national park, national reserve, marinereserves or sanctuary as set out in theEleventh Schedule, shall be deemed tobe a national park, marine protectedarea or sanctuary, under this Act;(b) any licenses or permits granted underthat Act and in force immediatelybefore the commencement of this Actshall, with the approval of the Serviceand upon recommendation of theService, be deemed to have beengranted under the provisions of thisAct, and shall remain in force untilrevoked in accordance with any termsin that regard set out in the licence orpermit, as the case may be, or renewedas a licence or permit under this Act;Provided that where the licence or permit in forceimmediately before the commencement of this Act relatesto activity now outlawed under this Act shall cease uponthe commencement of this Act;(c) the rules and regulations falling within theambit of the Wildlife (Conservation andManagement) Act shall remain in force untilreplaced under rules and regulations madeunder this Act; and(d) a person who immediately before thecommencement of this Act was an employee ofthe Service under the repealed Act shallcontinue to hold or act in that office as ifappointed to that position under this Act, andall benefits accruing to employees under therepealed Act shall continue accruing to themunder this Act.

13192013 Wildlife Conservation and ManagementNo. 47FIRST SCHEDULE(s.10)PROVISIONS RELATING TO THE CONDUCT OF BUSINESS ANDAFFAIRS OF THE BOARD OF TRUSTEESThis schedule shall apply in accordance with the statutory obligations of the StateCorporations Act.Tenure of office and conduct of business of the Board1. (1) The chairperson of the Board shall hold office for a term ofthree years and shall be eligible for re-appointment for onefurther 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 periodnot exceeding three years on such terms and conditions as maybe specified in the instrument of appointment, and shall eligiblefor re-appointment for one further term of three years.(3) The members of the Board shall be appointed at different timesso that the respective expiry dates of their terms of office fall atdifferent times.(4) A member other than the chairperson an ex-officio membermay–(a)at any time resign from office by notice in writingto the Cabinet Secretary;(b)be removed from office by the Cabinet Secretary ifthe member –(i) has been absent from three consecutivemeetings of the Board without the permission ofthe chairperson; or(ii) is adjudged bankrupt or enters in to acomposition scheme or arrangement with hiscreditors;

No. 471320Wildlife Conservation and Management 2013(iii) is convicted of an offence involving fraudor dishonesty;(iv) is convicted of a criminal offence and sentencedto imprisonment for a term exceeding sixmonths or to a fine exceeding ten thousandshillings;(v) is incapacitated by prolonged physical or mentalillness;(vi) is found to have acted in a manner prejudicial tothe aims and objectives of this Act;(vii) fails to comply with the provisions of thisAct relating to disclosure; orMeetings of the Board(viii) is otherwise unable or unfit to discharge thefunctions as a member of the Board.2. (1) The Board shall meet not less than four times in every financialyear, and not more than four months shall elapse between thedate of one meeting and the date of the next meeting:Provided that the chairperson may call a special meeting of theBoard at any time where he deems it expedient for thetransaction of the business of the Board.(2) Other than a special meeting, or unless three quarters ofmembers agree, at least fourteen days’ written notice of everymeeting of the Board shall be given to every member of theBoard by the secretary.(3) The quorum for the conduct of business of the Board shall behalf of the members’ and unless a unanimous decision isreached, decisions shall be by a majority vote of the memberspresent, and in the case of an equality of votes, the chairpersonor the person presiding shall have a casting vote.(4) The chairperson shall preside over all meetings of the Board inwhich he is present, but in his absence the vice-chairpersonshall preside, and in his absence the members present shallelect one of their number who shall, with respect to that

13212013 Wildlife Conservation and Management No. 47meeting and the business transacted thereat, have all thepowers of the chairperson.(5) At the first meeting of the Board, the members shall elect avice-chairperson, not being a public servant, from among itsmembers.Disclosure and conflict of interest3. (1) If a member is directly or indirectly interested in any contract,proposed contract or other matter before the Board and is present at themeeting of the Board at which the contract, proposed contract or matter is thesubject of consideration, the person shall, at the meeting and as soon aspracticable after the commencement thereof, disclose that fact and shall beexcluded at the meeting at which the contract, proposed contract or matter isbeing considered.(2) A disclosure of interest made under this section shall be recorded inthe minutes of the meeting at which it is made.4. The Board may regulate its own procedure._______________

No. 471322Wildlife Conservation and Management 2013SECOND SCHEDULE(s.12)PART 1: PROVISIONS RELATING TO THE OFFICERS OF THESERVICEOfficers of the Service1. (1) The officers of the Service shall hold the ranks specified insubparagraph (2).(2) The ranks of the officers of the Service referred to insubparagraph (1) in order of seniority shall be as follows:(a) Uniformed and Disciplined Officers Cadre(i)(ii)(iii)(iv)Gazetted OfficersDirector-GeneralDirectorDeputy DirectorSenior Assistant DirectorAssistant DirectorSenior WardenSenior OfficersWarden IWarden IIJunior OfficersAssistant Warden IAssistant Warden IIAssistant Warden IIICadetRangersSergeant MajorSenior SergeantSergeantCorporalRanger(v)Trainees(b) Scientific CadreManagement TraineeRanger Recruit

13232013 Wildlife Conservation and ManagementChief ScientistNo. 47Senior Principal ScientistPrincipal ScientistSenior ScientistScientist IScientist IIScientist IIIResearch Assistant IResearch Assistant IIResearch Assistant III(c) Other officers appointed by the Trustees on specifiedschemesB. The officers of the Service shall, in the performance of the dutiesconferred upon them under this Act and any other written law,conform to any lawful instructions, directions or orders whichmay be given by the Director.(2) The Director may, with the consent of the Trustees, from timeto time make and issue administrative orders to be calledService Standing Orders for the general control, direction andinformation of the officers of the Service.Disciplinary Code and Regulations2. (1) The Director shall, with the approval of the Trustees, issue aDisciplinary Code for Officers of the Service, which shall apply to theuniformed and disciplined officers of the Service and which may providefor the following matters: -(a) the investigation of disciplinary offences and the hearingand determination of disciplinary proceedings;(b) disciplinary penalties and awards; and(c) any other related matters as pertains to the Act.

No. 471324Wildlife Conservation and Management 2013(2) The following disciplinary penalties, or any combinationthereof, may be included in the Disciplinary Code forinfringement 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 guardroom or restriction to the confines of any camp or otherarea where a part of the Service is stationed;(d) fines;surcharge;(e) where the offence has occasioned any expense, loss ordamage, 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 providethat a disciplined officer of the Service committing adisciplinary offence may be arrested without a warrant by oron the order of an officer senior to him or placed in commandover him, who may, if circumstances so warrant, confine thatofficer or cause that officer to be confined in a buildingsuitable for the purpose, pending the determination ofdisciplinary proceedings:Provided that no person shall be confined for more than fivedays without a warrant being issued for his arrest.Insubordinate behavior3. (1) A uniformed and disciplined officer of the Service who-(a) strikes, or otherwise uses violence on, or threatens violenceto or incites any other person to use violence on, an officersenior to or placed in command over him or that otherperson; or(b) uses threatening or insubordinate language to an officer toor placed in command over him,

13252013 Wildlife Conservation and Management No. 47shall be guilty of an offence and liable to imprisonment for aterm not exceeding one year.(2) The Director or an officer of or above the rank of AssistantDirector, to whom power so to do has been delegated by theDirector may direct that an offence committed under thisparagraph be dealt with under the Code.Desertion and Absenteeism4. (1) A uniformed and disciplined officer of the Service whoabsents himself from duty without leave or just cause for aperiod of or exceeding twenty-one days shall, unless he provesthe contrary, be deemed to have deserted from the Service.(2) A uniformed and disciplined officer who deserts the Serviceshall forfeit any pay or allowance due to him, and subject tothe provisions of the Retirement Benefits Act be paid suchpension, provident fund or any other scheme operated by theService, less liabilities due to the Service and in addition, suchmember shall be liable to disciplinary action.(3) No pay or allowance shall be paid to a uniformed anddisciplined officer in respect of any day during which he isabsent from duty without leave, unless the Director otherwisedirects.(4) Any uniformed and disciplined officer who deserts from theService for a cumulative and successive period of or exceedingtwenty-one days shall be guilty of an offence and liable todisciplinary action.(5) Any uniformed and disciplined officer who, upon beingdismissed from the Service, or who deserts from the Servicefor a period of twenty-one days and does not surrender theproperty of the Service or the Government within a period ofor not exceeding seven days from the date of dismissal ordesertion, shall be guilty of an offence and liable toimprisonment for one year or a fine not exceeding fiftythousand shillings or both such fine and imprisonment.

1326No. 47Wildlife Conservation and Management 2013Prohibition from joining trade unions5. (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 tradeunion;(b) a body or association the objects or one of the objects ofwhich is to control or influence conditions of employmentin a trade or profession; or(c) a body or association the objects, or one of the objects ofwhich, is to control or influence pay, pension or conditionsthe Service other than a staff association established andregulated by rules or regulations made under this Act.(2) An officer of the of the Service who contravenes subparagraph(1) shall be liable to be dismissed from the Serviceand subject to the provisions of the Retirement Benefits Act bepaid such pension, gratuity, provident fund or any otherscheme operated by the Service, less liabilities due to theService.2. If a question arises as to whether a body is a trade union or anassociation to which this paragraph applies, such question shall bereferred to the Cabinet Secretary whose decision thereon shall befinal.Definition1. In this Part, “uniformed and disciplined officer” means anofficer specified in subparagraph (2) (b) of paragraph 1.

13272013 Wildlife Conservation and Management––––––––––––––––––––PART IIOATH OF ALLEGIANCENo. 47“I,……………………………………………….. do hereby Swear byAlmighty God (or do hereby solemnly and sincerely affirm) that I willgive faithful and loyal service during my service in Kenya WildlifeService and that I will bear true allegiance to the President and theRepublic of Kenya: that I will subject myself to all Acts, Orders andRegulations now or in the future in force relating to my service inKenya Wildlife Service; that I will obey all lawful orders of theofficers placed over me; and that I will discharge all the duties of aKenya Wildlife Service officer according to law, without fear, favour,affection or ill-will (so help me God”).…………………………………..Signature of DeclarantPersonal Number………………………………………………………Sworn/affirmed before me……………………………………………On the ………………………………………………………………..

No. 471328Wildlife Conservation and Management 2013THIRD SCHEDULE(S.25)WILDLIFE SPECIES IN RESPECT OF WHICH COMPENSATION MAYBE PAIDA. Death and InjuryElephantLionLeopardRhinoHyenaCrocodileCheetahBuffaloPoisonous snakesHippoSharkStone FishWhaleSting rayWild dogWild pigB. Crop, livestock and property damageElephantLionLeopardRhinoHyenaCrocodileCheetahBuffaloHippoZebraElandWildebeestSnake Wild dog

13292013 Wildlife Conservation and ManagementNo. 47FOURTH SCHEDULE(s.34)PROVISIONS AS TO PUBLIC CONSULTATIONRequirement for public consultation1. (1) Where this Act imposes a requirement for public consultation,the responsible authority shall publish a notice in relation to theproposal –(a) in the Gazette;(b) in at least three national newspapers;(c) in at least one newspaper circulating in the locality towhich the proposal relates; and(d) in at least one Kenyan radio station broadcasting in thelocality.(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 maybe inspected;(c) invite written and or oral presentations and comments onthe proposal;(d) specify the person or body to which any such presentationsand comments are to be submitted; and(e) specify a date and place by which any such comments arerequired to be received, not being a date earlier than sixtydays after publication of the notice.2. The responsible authority shall make arrangements for thepublic to obtain copies, at reasonable cost, of documentsrelating to the proposal which are in the possession of theresponsible authority.3. The responsible authority shall consider –(b) any written comments or objections received on or beforethe date specified under paragraph 1(2) (e); and(c) any comments whether in writing or not, received at any

No. 471330Wildlife Conservation and Management 2013public meeting held in relation to the proposal at which theresponsible authority was represented, or pursuant to anyother invitation, to comment.4. The responsible authority shall publish, through the samemedia as were employed pursuant to paragraph 1, notice of thefact a copy of the decision in writing of the responsibleauthority in relation to the proposal, and of the reasons thereof,is available for public inspection at the same premises as werenotified under paragraph 1(2) (b).5. Where rules made under this Act so require, the responsibleauthority shall cause a public meeting to be held in relation to aproposal before the responsible authority makes its decision onthe proposal.

13312013 Wildlife Conservation and ManagementFIFTH SCHEDULEMANAGEMENT PLANSPART I—GENERALNo. 47(s.44)(1) A management plan is the instrument in which all the ingredientsfor active management are described, in particular whichorganizations will undertake what responsibilities and what actionsare intended to achieve what ends. However, despite being aprimary tool, management plans often go unused because of afailure to see management plans as a dynamic working documentrequiring annual updates and because of a tendency to be overelaborate.(2) The level of planning should be tailored to the capacities of theagencies and communities involved. Management planning shouldbe a practical tool – one that can be created in simple form andbuilt upon over time, using progress reports.(3) A management plan process includes the production of an annualcompliance 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 legaldescription may include or officially recognize customary landboundaries and/or natural boundaries (e.g. rivers, river basins,mountain ranges, etc.);• a brief statement of the wildlife management goals andobjectives;• 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 neighbouringcommunities 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,

No. 471332Wildlife Conservation and Management 2013habitats, species, proposed activities, then the following incrementalinformation should be included for non-consumptive utilization:• the provision of zones and the management objectives for eachzone;• 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 neighbouringcommunities;• 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 beadditionally included:• data on historical wildlife culling, cropping, hunting, wheresuch information is available;• an approved method for determining sustainable off takelevels; and• proof of compliance with the Eleventh Schedule and any otherlegal requirement set out in this Act.

13332013 Wildlife Conservation and ManagementSIXTH SCHEDULE(s.47)No. 47NATIONALLY LISTED CRITICALLY ENDANGERED, VULNERABLE,NEARLY THREATENED AND PROTECTED SPECIES(A) MAMMALSCategory and species nameCommon nameCritically EndangeredCephalophus adersiDiceros bicornisBeatragus hunterProcolobus rufomitratusCercocebus galeritusHippotragus equinesHippotragus nigerAders' duikerBlack rhinocerosHirolaEastern red colobusTana crested mangabeyRoan antelopeSable antelopeEndangeredCeratotherium simum simumBalaenoptera borealisBalaenoptera musculusEquus grevyiLycaon pictusGrammomys gigasOtomys barbouriOtomys jacksoniRhynchocyon chrysopygusTragelaphus eurycerus isaaciLoxodonta AfricanaPanthera leoAcinonyx jubatusHyaena HyaenaTragelaphus spekiiPanthera pardusAlcelaphus buselaphusGiraffa camelopardalis rothschildiWhite rhinoCoalfish whaleBlue whaleGrevy's zebraAfrican wild dogGiant thicket ratBarbour's vlei ratMount elgon vlei ratGolden-rumped elephant shrewEastern bongoAfrican elephantAfrican lionCheetahStriped hyaenaSitatungaLeopardLelwel hartebeestRothschild’s giraffeGiant forest hog

1334No. 47Wildlife Conservation and Management 2013Category and species name Common nameVulnerableCloeotis percivaliHippopotamus amphibiousMyonycteris relictaMegaptera novaeangliaeDugong dugongPhyseter macrocephalusBdeogale jacksoniRhynchocyon petersiPelomys hopkinsiTaphozous hildegardeaeGazella soemmerringiiProfelis aurataRhinopoma macinnesiSurdisorex noraeSurdisorex polulusTachyoryctes audaxMastomys pernanusMyonycteris relictaDendrohyrax validusCrocidura elgoniusCrocidura fischeriTaphozous hamiltoni.Crocidura allexTaphozous hildegardeaeTadarida lobataOtomops martiensseniBeamys hindeiParaxerus palliatesCrocidura monaxCrocidura fumosaPhyseter catodonLutra maculicollisPedetes capensisCrocidura xantippePercival's trident batCommon hippopotamusEast african little collared fruit batHump whaleDugongSperm whaleJackson's mongooseBlack and rufous elephant shrewHopkins's groove-toothed swamp ratHildegarde's tomb batSoemmerring's gazelleAfrican golden catMacinnes's mouse-tailed batAberdare shrewMt. Kenya shrewAudacious mole ratDwarf multimammate mouseEast african little collared fruit batEastern tree hyraxElgon shrewFischer's shrewHamilton's tomb batHighland shrewHildegarde's tomb batKenyan big-eared free-tailed batLarge-eared free-tailed batLesser hamster-ratRed bush squirrelRombo shrewSmoky white-toothed shrewSperm whaleSpotted-necked otterSpringhareVermiculate shrew

13352013 Wildlife Conservation and ManagementCategory and species name Common nameNo. 47Crocuta crocutaTragelaphus imberbisTragelaphus strepsicerosSpotted hyaenaLesser kuduGreater kudu(B) BIRDSCategory and Species NameCommon NameCritically EndangeredApalis fuscigularisTurdus helleriEndangeredArdeola ideaFalco cherrugNeophron percnopterusOtus ireneaeCisticola aberdareAcrocephalus griseldisEremomela turneriZoothera guttataAnthreptes pallidigasterPloceus golandiMacronyx sharpieAnthus sokokensisVulnerableFalco naumanniTrigonoceps occipitalisTorgos tracheliotosAquila clangaAquila heliacalGlareola ocularisHirundo atrocaeruleaApalis chariessaApalis karamojaeChloropeta gracilirostrisTaita ApalisTaita ThrushMadagascar Pond-heronSaker FalconEgyptian VultureSokoke Scops-owlAberdare CisticolaBasra Reed-warblerTurner's EremomelaSpotted Ground-thrushAmani SunbirdClarke's WeaverSharpe's LongclawSokoke PipitLesser KestrelWhite-headed VultureLappet-faced VultureGreater Spotted EagleEastern Imperial EagleMadagascar PratincoleBlue SwallowWhite-winged ApalisKaramoja ApalisPapyrus Yellow Warbler

1336No. 47Wildlife Conservation and Management 2013Category and Species Name Common NameTurdoides hindeiCinnyricinclus femoralisMuscicapa lenduNear ThreatenedFrancolinus streptophorusOxyura maccoaPhoeniconaias minorFalco vespertinusFalco concolorFalco fasciinuchaGyps africanusGyps rueppelliiCircaetus fasciolatusCircus macrourusNeotis denhamiCrex crexBalearica pavoninaCharadrius pallidusGallinago mediaLimosa limosaNumenius arquataLarus leucophthalmusRynchops flavirostrisStreptopelia reichenowiPsittacus erithacusTauraco fischeriCoracias garrulousPrionops poliolophusLaniarius mufumbiriSheppardia gunningFicedula semitorquataAnthreptes reichenowiEuplectes jacksoniAnthus melindaeProtected speciesHinde's Pied-babblerAbbott's StarlingChapin's FlycatcherRing-necked FrancolinMaccoa DuckLesser FlamingoRed-footed FalconSooty FalconTaita FalconWhite-backed VultureRueppell's VultureSouthern Banded Snake-eaglePallid HarrierDenham's BustardCorncrakeBlack Crowned-craneChestnut-banded PloverGreat SnipeBlack-tailed GodwitEurasian CurlewWhite-eyed GullAfrican SkimmerWhite-winged Collared-doveGrey ParrotFischer's TuracoEuropean RollerGrey-crested Helmet-shrikePapyrus GonolekEast Coast AkalatSemi-collared FlycatcherPlain-backed SunbirdJackson's WidowbirdMalindi Pipit

13372013 Wildlife Conservation and ManagementCategory and Species Name Common NameNo. 47Struthio camelusSagittarius serpentariusFrancolinus streptophorusPodiceps cristatusEphippiorhynchus senegalensisBostrychia olivaceaArdea albaAnhinga rufaHaliaaetus vociferTrigonoceps occipitalisAquila ayresiiPolemaetus bellicosusStephanoaetus coronatusNeotis denhamiSarothrura affinisPorzana pusillaPodica senegalensisBalearica regulorumTurnix hottentotusBubo capensisGlaucidium tephronotumApus niansaeAlcedo quadribrachysPhoeniculus castaneicepsPhoeniculus damarensisLanius dorsalisPtilostomus aferGalerida theklaeHyliota australisIlladopsis rufipennisBuphagus erythrorhynchusBuphagus africanusCinnyris tsavoensisPasser rufocinctusPloceus castaneicepsCrithagra koliensisOstrichSecretary BirdRing-necked FrancolinGreat Crested GrebeSaddle-billed StorkOlive IbisGreat White EgretAfrican DarterAfrican Fish EagleWhite-headed VultureAyres’s Hawk-EagleMartial EagleCrowned EagleDenham’s BustardStriped FlufftailBaillon’s CrakeAfrican FinfootGrey Crowned CraneBlack-rumped ButtonquailCape Eagle-OwlRed-chested OwletNyanza SwiftShining-blue KingfisherForest Wood-hoopoeViolet Wood-hoopoeTaita FiscalPiapiacThekla LarkSouthern HyliotaPale-breasted IlladopsisRed-billed OxpeckerYellow-billed OxpeckerTsavo SunbirdKenya Rufous SparrowTaveta Golden WeaverPapyrus Canary

1338No. 47Wildlife Conservation and Management 2013Category and Species Name Common NameErythrocercus holochlorusYellow flycatcher(C) ReptilesCategory and Species NameCommon NameCritically EndangeredEretmochelys imbricatePetropedetes dutoitiEndangeredChelonia mydasLepidochelys olivaceaPython sebaeAfrixalus sylvaticusHyperolius rubrovermiculatusAfrixalus sylvaticusHyperolius rubrovermiculatusPhrynobatrachus irangiThreatenedMalacochersus tornieriPelusios broadleyiBufo kerinyagaeHawksbill turtleDu Toit's Torrent FrogGreen turtleOlive ridleyRock pythonShimba Hills banana frogShimba Hills reed frogForest frogTreefrogMount Kenya FrogCrevice tortoiseTurkana mud turtleMontane toadVulnerableHyperolius cystocandicansAtheris desaixiMontane Tree FrogMt. Kenya bush viperProtected speciesLepidochelys kempiiChelonia agassiziCaretta carettaDermochelys coriaceaPelusios castanoidesKemp's ridleyBlack turtleLoggerheadLeatherbackYellow-bellied hinged terrapin

13392013 Wildlife Conservation and ManagementCategory and Species Name Common NameNo. 47Hemidactylus modestusHemidactylus platycephalusLygosoma tanaeGastropholis prasinaCordylus tropidosternumLeptotyphlops boulengeriAparallactus turneriDasypeltis mediciNaja asheiNaja nigricollisVaranus albigularisPhilothamnus punctatusBitis arietansDendroaspis angusticepsBufo nairobiensisLeptopelis argenteusBufo taitanusLeptopelis flavomaculatusBufo turkanaeAfrixalus delicatusHyperolius marmoratusHyperolius nasutusHyperolius puncticulatusHyperolius pusillusEryx colubrinusChamaeleo bitaeniatusChamaeleo dilepisChamaeleo elliotiChamaeleo HohneliiChamaeleo jacksoniChamaeleo schubotziBitis gabonica gabonicatropical geckosBaobab geckoWrithing skinkKeel-bellied lizardGirdled-lizardWorm snakesGünther’s centipede-eaterEast African egg eating snakesLarge brown spitting cobraBlack necked spottersSavannah monitor lizardSpeckled bush snakePuff adderGreen mambaNairobi toadSilvery tree frogTaita toadYellow-spotted tree frogTurkana ToadDelicate Spiny Reed FrogPainted Reed FrogLong Reed FrogSpotted Reed FrogWater Lily Reed FrogKenya sand boarSide-striped chameleonFlap-neck ChameleonElliot's ChameleonHigh Casqued ChameleonJackson's Chameleon (Three-hornedChameleon)Mount Kenya ChameleonGaboon ViperBlack and Red Skink(D) Fish

1340No. 47Wildlife Conservation and Management 2013Category and species name Common nameCritically EndangeredOreochromis esculentusOreochromis hunterOreochromis jipeOreochromis variabilisPtyochromis sp. nov.Xenoclarias eupogonPlatycypha amboniensisEndangeredAlcolapia alcalicusCheilinus undulatesMarcusenius victoriaeXystichromis nuchisquamulatusVulnerableCarcharias TaurusThunnus obesusRhincodon typusUrogymnus asperrimusCarcharhinus longimanusCarcharodon carchariasRhina ancylostomaTaeniura meyeniRhynchobatus djiddensisPseudoginglymostomabrevicaudatumEpinephelus lanceolatusNothobranchius patriziiNothobranchius bojiensisNothobranchius elongatesLabeo percivaliSingidia tilapiaLake chala tilapiaJipe tilapiaVictoria tilapiaRainbow shellerLake victoria deepwater catfishMontane dancing-jewelMagadi tilapiaGiant wrasseVictoria stonebasherKyoga flamebackGrey nurse sharkBigeye tunaWhale sharkPorcupine rayOceanic whitetip sharkGreat white sharkBowmouth guitarfishBlack-blotched stingrayGiant guitarfishShorttail nurse sharkBrindle bassBlue nothoBoji plains nothobranchElongate nothobranchEwaso nyiro labeo

13412013 Wildlife Conservation and Management(E) TREESCategory and species nameCommon nameNo. 47EndangeredEncephalartos kisamboOsyris lanceolataVulnerablePrunus AfricanaVitex keniensisOcotea kenyensisPolyscias kikuyuensisAloe ballyiPopulus ilicifoliaVoi cycadEast african sandalwoodRed stinkwoodMeru oakCamphorParasol treeRat aloeTana river poplar

No. 471342Wildlife Conservation and Management 2013SEVENTH SCHEDULE(s.49(1))NATIONAL LIST OF INVASIVE SPECIESA. MammalsSpecies nameMyocastor coypusCommon nameCoypu ratB. BirdsSpecies nameColius striatusPhasianus colchicusCygnus olorFringilla coelebsCarpodacus mexicanusAcridotheres tristisPsittacula krameriSturnus vulgarisColumba liviaPtilinopus pulchellusPtilinopus leclancheriPtilinopus coronulatusPtilinopus roseicapillaPtilinopus perlatusPtilinopus magnificusColius striatusCorvus splendensQuelea queleaCommon nameSpeckled MousebirdRing-necked pheasantMute SwanChaffinchHouse FinchCommon Indian MynaRose-ringed (Ring-necked) ParakeetCommon (European) StarlingRock Dove (Feral pigeon)Beautiful fruit doveBlack-chinned fruit doveCoroneted fruit doveMariana fruit dovePink-spotted fruit doveWompoo fruit doveSpeckled MousebirdHouse CrowRed-billed QueleaC. Reptiles and AmphibiansSpecies nameAgama agamaSphenodon guntheriAspidoscelis hyperythra beldingiLampropholis delicata,Common nameRed-headed agama lizardBrother’s Island tuatara lizardOrange-throated whiptail lizardRainbow kopje skink

13432013 Wildlife Conservation and ManagementBoiga irregularisBrown tree snakeCrotalus exsulRed diamond rattlesnakeGeochelone platynotaBurmese star tortoiseNo. 47D. PlantsSpecies nameProsopis julifloraLantana camaraPistia stratiotesThevetia peruvianaCaesalpinia decapelataDatura stramoniunTecoma stansArgemone mexicanaOpuntia exaltataOpuntia ficus- indicaOpuntia vulgarisEichhornia crassipesE InvertebratesCommon nameMathenge (Velvet mesquite)TickberryNile CabbageYellow oleanderMauritius thornJimsonweedYellow bellsMexican poppyLong spine cactusSweet prickly pearDrooping prickly pearWater hyacinthAcanthaster planci – Crown of thorns starfish

No. 471344Wildlife Conservation and Management 2013EIGHTH SCHEDULE(s.80(3))LICENSINGPART I—CONSUMPTIVE WILDLIFE UTILISATIONGeneral(1) In considering the license application for consumptive wildlifeutilization, the Service shall have regard to the materialconsiderations which include:(a) an integrated land use plan of the area;(b) the need to protect fragile environmental resources, ecosystemsand habitats;(c) an environmental impact assessment licence issued under theEnvironmental Management and Coordination Act, No. 8 of 1999;and(d) a recommendation from the Service and the county wildlifeconservation area committee whose area of jurisdiction fallswholly or partially within the region.(2) After considering an application made under this section and allmatters appearing relevant thereto, the Service may grant to the applicantthe licence or variation applied for or may refuse such grant, and mayattach to any licence so granted such conditions as the Service may deemexpedient.(3) Every licence shall expire on the 31st December of the year in respectof which it is issued or on the date specified in the licence.Live Sale(4) The Cabinet Secretary may, on recommendation of the Service afterconsultation with the Service, grant sale of live animals in game farmingoperations: Provided that such sale of live animals shall be done under thesupervision of the Service and in consultation with the respective countywildlife conservation area committee.Cropping(5) Subject to the rules and regulations made under this section, theCabinet Secretary may, on recommendation of the Service afterconsultation with the Service, grant cropping to be undertaken in gamefarming and ranching operations where applicable: Provided that croppingshall not be done in contravention of the provisions of this Act or be inconflict with the long term goal of wildlife conservation and management.

13452013 Wildlife Conservation and ManagementCullingNo. 47(6) The Cabinet Secretary may, on recommendation of the Service,authorize culling of wildlife in a wildlife conservation area as amanagement tool: Provided that such culling shall be done by or under thesupervision of the Service as a last resort after such other managementtools such as translocation has been explored.Maintaining records(7) The Service shall keep record of wildlife trophies from the croppingand culling operations to mitigate against poaching and illegal trade inwildlife trophies.Processing trophies(8) The Service may, on recommendation of the Service, authorize localprocessing and sale of wildlife trophies from the cropping activities underthe supervision of the Service.Donating wildlife(9) The Cabinet Secretary may, on recommendation of the Service andapproval by resolution of the National Assembly, donate wildlife as a giftto another state for non-commercial purposes.Sport Hunting(10) Sport hunting is prohibited and any person engaging in sport huntingor any other recreational hunting will be committing an offence and shallbe liable on conviction to a fine or to imprisonment or to both such fineand imprisonment.Subsistence Hunting(11) Hunting for the purposes of subsistence or facilitating the trade inwildlife products, particularly the bushmeat trade, is prohibited and anyperson engaging in such activity will be committing an offence and isliable on conviction to a fine or to imprisonment for a term or to both suchfine and imprisonment.PART 2 – DEALING IN TROPHIES(1) A trophy dealer’s license may be issued in respect of certain classes oftrophy only, as may be endorsed on the license, and the holder thereofshall not deal in trophies other than those so endorsed.(2) A trophy dealer’s licence shall not be transferable, and no person otherthan the person to whom it is issued shall make use of such licence

No. 471346Wildlife Conservation and Management 2013(3) A trophy dealer’s license shall be valid for one year from the date atwhich it is issued, provided that the Service may forthwith cancel thelicense of any trophy dealer convicted of an offence under this ActPART 3 – PRESCRIPTION(1) The Cabinet Secretary may, on recommendation of the Service afterconsultation with the Service, by notice in the Gazette, prescribestandards, guidelines and rules as are necessary and appropriate tocarry out the purposes of this schedule.NINTH SCHEDULE(s.96(2))WILDLIFE CATEGORIES IN RELATION TO OFFENCES ANDPENALTIES IN SPORT AND RECREATIONAL HUNTINGCategory ACritically endangered mammals as set out in the Sixth ScheduleBlack RhinocerosWhite RhinocerosAfrican ElephantCategory BAll other endangered and vulnerable mammals as set out in the SixthScheduleAll birds listed in fifth scheduleAll reptiles listed in fifth scheduleCategory CAll other mammalsAll other birdsSea Shells

13472013 Wildlife Conservation and ManagementTENTH SCHEDULENo. 47(s.80(4))WILDLIFE SPECIES FOR WHICH GAME FARMING MAY BEALLOWEDAnimalsCrocodileTortoiseChameleonReptiles (other than snakes)SnailsFrogLizardsButterflySnake (for display and venom extraction, export of live for breeding)PlantsAloePrunus AfricanaOsyris lanceolata - East African SandalwoodMondia whytei - White’s Ginger (Mkombera)Ocimum kilimanscharicum - Camphor BasilBirdsOstrichPigeon (except those listed in the Fifth Schedule)Doves (except those listed in the Fifth Schedule)DucksHelmeted Guinea fowlVulturine Guinea fowlQuelea

No. 471348Wildlife Conservation and Management 2013ELEVENTH SCHEDULE(s.119(a))NATIONAL PARKS, MARINE PROTECTED AREAS ANDSANCTUARIESNational Parks (N.P)Park NameArea inSq. KmPark NameArea in Sq.Km1. Tsavo East N. P. 11,747 16 Mt. Elgon N. P 1692. Tsavo West N. P. 9,065 17 Saiwa Swamp N. P. 23. Aberdares N. P. 765.7 18 Ndere Island N.P. 424. Mt. Kenya N. P. 715 19 Malka Mari N. P. 8765 Lake Nakuru N. P. 181 20 Chyulu Hills N. P. 7366. Amboseli N. P. 392 21 Central Island N. P. 57. Nairobi N. P. 117 22 Ruma N. P. 1208. Meru N. P. 870 23 Arabuko N. P. 69. Kora N. P. 1,78710. South Island N.P. 39 Marine ParksMombasa Marine N.11. Mt. Longonot N. P. 52 24 P. 26.09312. Hell’s Gate N. P 68 25 Watamu Marine N. P 1013. Oldonyo Sabuk N. P. 18 26 Mpunguti N. P. 2814. Marsabit N. P 68 27 Malindi Marine N.P. 615. Sibiloi N. P. 1,570National Reserves (NR)Reserve Name Area inSq. KmReserve NameArea inSq. Km1. Marsabit N. R. 1,564 19. Boni N. R. 1,3392. South Turkana N. R. 1,019 20. Dodori N. R. 8773. Nasalot N. R. 194 21 Tana River Primate N. 169R4. Losai N. R. 1,806 22. Shimba Hills N. R. 1925. Shaba N. R. 239 23. Chepkitalel N. R. 178.2

13492013 Wildlife Conservation and Management6. Samburu N. R. 165 24. Nyambene N. R. 640.67. Buffalo Springs N. R. 131 25.Mt. Kenya N. R. 2,1248. Bisinadi N. R. 606 26. Tsavo Road & 212Railways N. R.9. Rahole N. R. 1,270 27. Nga Ndethia N. R. 21210. North Kitui N. R 745 28. Laikipia N. R. 16511. Lake Bogoria N. R. 10712. Kamnarok N. R. 87.7 Marine Reserves13. Kerio Valley N. R. 6614. Kakamega N. R. 44.7 29. Malindi Marine N. R. 21315. Masai Mara N. R. 1,510 30. Watamu Marine N. R 3216. South Kitui N. R. 1,133 31. Mombasa Marine N. 200R.17. Mwea N. R. 68 32. Mpunguti Marine N. 11R.18. Arawale N. R. 533 33. Kiunga Marine N. R. 25034. Diani-Chale MarineN. R.165No. 47National Sanctuary (NS)1. Maralal N.S. (Km2) 5 3. Ondago Swamp (ha) 24.82. Lake Simbi (Ha) 41.7 4. Kisumu Impala N. S. 0.34