Forest Conservation and Management Act, 2016 (No. 34 of 2016).

This Act makes provision for the conservation and management of public, community and private forests and areas of forest land that require special protection, defines the rights in forests and prescribes rules for the use of forest land. It also makes provision for community participation of forest lands by community forest association, the trade in forest products, the protection of indigenous forests and the protection of water resources.
The Act consists of 77 sections divide into 11 Parts: Preliminary (I); Administration (II); Financial Provisions (III); Conservation and Management of Forests (IV); Community Participation (V); Incentives (VI); Trade in Forest Products (VII); Enforcement and Compliance (VIII); Offences and Penalties (IX); Miscellaneous (X); Transitional Provisions.
The guiding principles of this Act shall be (a) good governance in accordance with Article 10 of the Constitution; (b) public participation and community involvement in the management of forests; (c) consultation and co-operation between the national and county governments; (d) the values and principles of public service in accordance with Article 232 of the Constitution; (e) protection of indigenous knowledge and intellectual property rights of forests resources; and (f) international best practices in management and conservation of forests. The Cabinet Secretary responsible for forestry shall, in consultation with the county governments and relevant stakeholders, develop a national forest policy for the sustainable use of forests and forest resources and formulate every five years a public forest strategy.
The Act establishes the Kenya Forest Service as a body corporate and the Forest Conservation and Management Trust Fund. The Service shall, among other things: conserve, protect and manage all public forests in accordance with the provisions of this Act; prepare and implement management plans for all public forests and, where requested, assist in preparation of management plans for community forests or private forests in consultation with the relevant owners; receive applications for and issue licences and permits; establish and implement benefit sharing arrangements in accordance with the provisions of this Act; manage water catchment areas in relation to soil and water conservation, carbon sequestration and other environmental services in collaboration with relevant stakeholders; prepare regularly a Forest Status Report and a Resource Assessment Report; establish forest conservancy areas. The Act also establishes the Kenya Forestry College and defines Forestry functions of County Governments. The Board of the Service shall establish forest conservation areas for the proper and efficient management of forests and may divide such conservation areas into ecosystems. For each area there shall be established a forest conservation committee.
Forests may be classified as public, community forests or private forests. Public forests include, among other things, forests on land between the high and low water marks classified under Article 62(1)(1) of the Constitution. Public forests in Kenya are vested in the Service, whereas all community forests shall be vested in a community. The Service shall register each community forest and owners of private forests may apply for registration. Public forest boundaries may be modified by petition but such modification must not affect any protected (endangered) species, water catchment areas or biodiversity. Every County Government shall, establish and maintain arboreta, green zones or recreational parks for use by persons residing within its area of jurisdiction. The Cabinet Secretary may declare any national, county, community or private forest, as a nature reserve and declare any tree species to be protected in the whole country or in specific areas.
Indigenous forests and woodlands shall be managed on a sustainable basis for purposes of, among other things: (a) conservation of water, soil and biodiversity; (b) riparian and shoreline protection; (c) cultural use and heritage; (d) recreation and tourism; (e) sustainable production of wood and non-wood products; (f) habitat for wildlife in terrestrial forests and fisheries in mangrove forests. The Service shall only give its consent for quarrying operations in a forest areas only if it does not contain any rare species or is used for protection of water resources. A community forest association registered in accordance with this section may apply to the Service for permission to participate in the conservation and management of a public forest. There may be management agreement between the Service and the community forest association (also for grazing). Depasturing of any livestock in forests requires an authorization to do so. Any community or private forest, which in the opinion of the Service is mismanaged or neglected, may be declared to be a provisional forest.