* SPECIAL ISSUE Kenya Gazette Supplement No. 183 (Senate Bills No. 46) REPUBLIC OF KENYA KENYA GAZETTE SUPPLEMENT SENATE BILLS, 2023 NAIROBI, 10th October, 2023 CONTENT Bill for Introduction into the Senate— The Wildlife Conservation and Management (Amendment) Bill, 2023 scaese PAGE PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER, NAIROBI
991 THE WILDLIFE CONSERVATION AND MANAGEMENT (AMENDMENT) BILL, 2023 A Bill for AN ACT of Parliament to amend the Wildlife Conservation and Management Act and for connected purposes. ENACTED by the Parliament of Kenya, as follows — 1. This Act may be cited as the Wildlife Conservation and Management (Amendment) Act, 2023. 7. The Wildlife Conservation and Management Act, in this Act referred to as "the principal Act", is amended by inserting the following new section immediately after section 2] — . | Provision of ene Wildlife Conservation Committees. 241A (1) The Cabinet Secretary shall, in each financial year, provide adequate funds for the management of the affairs of each Community Wildlife Conservation Committee. (2) The Cabinet Secretary shall, where no appeal has been lodged under this Act, ensure that compensation required to be paid under this Act is undertaken within twelve months of a determination by the respective Community Wildlife Conservation Comunittee. 3. Section 23 of the principal Act is amended — (a) in subsection (2) by inserting the words "and one of whom shall be nominated by the Council of County Governors" immediately after the words "wildlife conservancy body" in paragraph (e); and "Short title. Insertion of section 21A in No. 47 of 2013. Amendment of section 23 of No. 47 of 2013. ¢b)=—in-sub section-(4)-by—inserting-the-following new paragraph immediately after paragraph ()— (fa) provide support to local communities negatively affected by activities undertaken with respect to wildlife conservation and management. =
992 The Wildlife Conservation and Management (Amendieni) Bill, 202 4. Section 24 of the principal Act is amended in subsection (1) by — G@) deleting the word "Government" appearing in the introductory clause and substituting therefor the words "Cabinet Secretary"; (ii) deleting paragraph (a) and substituting therefor the following new paragraph — (a) monies allocated annually for this purpose by the National Assembly; 5. Section 25 of the principal Act is amended — (a) in subsection (3) by inserting the words "within twelve months of the recommendations" immediately after the words ""and'~ where appropriate" in the introductory clause: (b) in subsection (4) by deleting the words "due consideration" appearing immediately after the words "the service for? and substituting therefor the words "the purpose of processing the payment for compensation"; (©) in subsection (5) by inserting the words "within twelve months" immediately after the words "award and pay" in the introductory clause; and (d) in subsection (6) by — (i) deleting the word "either" appearing immediately after the words "of compensation by"; and (ii) deleting the words "or the Service" appearing immediately after_the_words "and Compensation Committee". 6. Section 76 of the principal Act is amended by deleting subsection (4) and substituting therefor the following new subsections— (4) The Cabinet Secretary shall, in formulating th ¢ guidelines, ensure that the Amendment of section 24 of No. 47 of 2013. Amendment of section 25 of No. 47 of 2013. Amendment of) section 76 of No. 47 of 2013.
Management (Arnendment) Bil "The Wildlife Conservation and 30239938 " guidelines comply with the condition that a minimum of five percent of the benefits from national parks and national reserves shall be allocated to local communities neighbouring or negatively affected by activities undertaken for the preservation of the national parks. ' : (4A) The determination of the minimum ——~-~-percentage of the-benefits to be allocated-to local communities under subsection (4) shall be based on the gross total revenue and fees collected with respect to the protected area. 7. The Third Schedule to the principal Act is amended in Part A by inserting the words "poisonous snakes, dangerous snakes, shark, stone fish, whale, sting ray, wild pig" immediately after the word "buffalo". ss Amendment of the Third Schedule to No. 47 of 2013.
The Wildlife Conservation 'and Management (Amendment) Bill, 2023 995 --- : Section 23 of No. 47 of 2013 that the Bill proposes to amend — 23. The Wildlife Conservation Trust Fund. (1) There is established a Wildlife Conservation Trust Fund that shall be vested in a governing body established in accordance with subsection (2). (2) The governing body referred to in subsection (1) shall serve as a public-private partnership and comprise —-— = -- (a) a Chairperson being appointed by the President; . (b)' the Principal Secretary in the State Department for the time being responsible for matters relating to wildlife; (c) the Principal Secretary in the State Department for the time being responsible for matters relating to finance; (d) . the Director-General of the Service who shall be the Secretary; (c) four representatives from the private sector, who shall have technical experience in either philanthropy, law, natural resources, finance, business and investment matters, one of whom shall be a representative nominated by an umbrella wildlife conservancy body; and (f) arepresentative from the office of the Attorney-General. (3) There shall be paid into the Wildlife Conservation Trust Fund— (a) moneys appropriated by Parliament; (b) a proportion of such moneys as may be levied for payment of environmental services by beneficiaries in productive and service sectors, and for biodiversity offset schemes that compensate 'for conservation impacts as a contribution towards the Wildlife Conservation Trust Fund as the Cabinet Secretary may, upon. the recommendation of the governing board, determine; = (c) moneys for payment of environmental services and biodiversity -offset-scltemes-in which-entities make payments-directly tothe Wildlife Conservation Trust Fund; (d) moneys from debt-for-nature transactions; (e) income from investments made by the governing board; and (f) such grants, donations, bequests or other gifts as may be made to the Fund. - ~~
998 The Wildlife Conservation and Management (Amend ment) Bill, 2023, 3 ~~ guidelines regarding incentives and benefit sharing, and the nature and manner in which the same shall be distributed. (2) The Cabinet Secretary shall publish in the Gazette within twentyone days of the formulation rules and regulations to govern the regime on incentives and benefits. (3) The guidelines under this section shall be subjected to public scrutiny at every stage of their formulation within the framework of the ~Jaws-on devolution-and-land management.—-—--— = -(4) The guidelines on benefit sharing shall conyply with the minimum conditions that a minimum of five per cent of the benefits from national parks shall be allocated to local communities neighbouring a park. (5) Subject to Article 66 of the Constitution, private investments in conservancies shall benefit local communities and investors shall provide such benefits by applying various options including infrastructure, education and social amenities. The Third Schedule of No. 47 of 2013 that the Bill Proposes to amend — "