Wildlife Conservation and Management Act, 2013 (No. 47 of 2013).
Country
Type of law
Legislation
Abstract
This Act provides for protection, conservation and management of wildlife in Kenya and related matters. The Act shall apply to all wildlife resources on public, community and private land, and Kenya territorial waters. The 119 sections of this Act are divided into 15 Parts: Preliminary (I); Establishment of the Service (II); Financial provisions (III); The wildlife regulation mechanisms (IV); Establishment of Wildlife Endowment Fund (V); Conservation, protection and management (VI); Establishment of the Wildlife Research And Training Institute (VII); Conservation Orders, easements and incentives (VIII); Human wildlife conflict (IX); Licensing and regulation (XI); Offences and penalties (XI); International treaties, conventions and agreements (XII); Enforcement and compliance (XIII); Miscellaneous (XIV). (Completed by 11 Schedules)
Wildlife resources shall be protected, conserved, managed and regulated in accordance with a national wildlife conservation and management strategy to be drafted every five years by the Cabinet Secretary. The Act establishes the Kenya Wildlife Service as a body corporate for management of wildlife resources and protected areas and a Wildlife Research and Training Institute. The Service shall be managed by a Board of Trustees. The Wildlife Regulation Mechanism shall consist of a County Wildlife Conservation and Compensation Committee for each county.
The Service shall establish a Wildlife Endowment Fund for purposes of developing wildlife conservation initiatives, managing and restoring protected areas and conservancies, protecting endangered species, habitats and ecosystems, etc. A Wildlife Compensation Scheme shall be used for compensation of damage caused by wildlife. Protected areas such as national parks, marine protected area and wetlands may be established by the Cabinet Secretary. Exchange part of a national park with private land with the consent of the owner may be effected at certain conditions. Any person or community who owns land on which wildlife inhabits may individually or collectively establish a wildlife conservancy or sanctuary in accordance with the provisions of this Act and associations, communities and landowners may be registered as a recognized wildlife manager. The Cabinet Secretary shall publish a national list of wildlife ecosystems and habitats that are endangered and threatened and are in need of protection. The species of wildlife set out in the Sixth Schedule are declared to be critically endangered, vulnerable, nearly threatened and protected species. Offences concerning these critically endangered or endangered wildlife (listed in the Sixth Schedule or CITES Appendix I) carry severe penalties, with killing, injuring, or torturing leading to not less than five years imprisonment.
Wildlife conservation easements may be created by voluntary private arrangement or upon appropriate application to the Environment and Land Court. The provisions of this Act with respect to conservation, protection and management of the environment shall be in conformity with the provisions of the Environmental Management and Coordination Act. The provisions of that Act regarding reference to the Tribunal established under that Act shall apply to hearing of appeals arising from the decisions made under this Act.
No provision of this Act and no rights or entitlements conferred and granted under this Act shall, wherever appropriate operate to exempt a person from compliance with the provisions of the Water Act, 2002 concerning the right to the use of water from any water resource, reservoir or point.
Wildlife resources shall be protected, conserved, managed and regulated in accordance with a national wildlife conservation and management strategy to be drafted every five years by the Cabinet Secretary. The Act establishes the Kenya Wildlife Service as a body corporate for management of wildlife resources and protected areas and a Wildlife Research and Training Institute. The Service shall be managed by a Board of Trustees. The Wildlife Regulation Mechanism shall consist of a County Wildlife Conservation and Compensation Committee for each county.
The Service shall establish a Wildlife Endowment Fund for purposes of developing wildlife conservation initiatives, managing and restoring protected areas and conservancies, protecting endangered species, habitats and ecosystems, etc. A Wildlife Compensation Scheme shall be used for compensation of damage caused by wildlife. Protected areas such as national parks, marine protected area and wetlands may be established by the Cabinet Secretary. Exchange part of a national park with private land with the consent of the owner may be effected at certain conditions. Any person or community who owns land on which wildlife inhabits may individually or collectively establish a wildlife conservancy or sanctuary in accordance with the provisions of this Act and associations, communities and landowners may be registered as a recognized wildlife manager. The Cabinet Secretary shall publish a national list of wildlife ecosystems and habitats that are endangered and threatened and are in need of protection. The species of wildlife set out in the Sixth Schedule are declared to be critically endangered, vulnerable, nearly threatened and protected species. Offences concerning these critically endangered or endangered wildlife (listed in the Sixth Schedule or CITES Appendix I) carry severe penalties, with killing, injuring, or torturing leading to not less than five years imprisonment.
Wildlife conservation easements may be created by voluntary private arrangement or upon appropriate application to the Environment and Land Court. The provisions of this Act with respect to conservation, protection and management of the environment shall be in conformity with the provisions of the Environmental Management and Coordination Act. The provisions of that Act regarding reference to the Tribunal established under that Act shall apply to hearing of appeals arising from the decisions made under this Act.
No provision of this Act and no rights or entitlements conferred and granted under this Act shall, wherever appropriate operate to exempt a person from compliance with the provisions of the Water Act, 2002 concerning the right to the use of water from any water resource, reservoir or point.
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Web site
Long title of text
An Act of Parliament to provide for the protection, conservation, sustainable use and management of wildlife in Kenya and for connected purposes.
Date of text
Entry into force notes
Enters into force on 10 January, 2014.
Repealed
No
Serial Imprint
Kenya Gazette Supplement No. 18 of 27 December, 2013.
Source language
English
Legislation Amendment
No
Amended by
Implemented by