Report Of Dc On Enivornment, Forestry And Mining On Its Consideration Of The Forest Conservation And Management (amendment) Bill

REPUBLICOFKENYA THENATIONALASSEMBLY THIRTEENTHPARLIAMENT-FIFTHSESSION-2026

DIRECTORATEOFDEPARTMENTALCOMMITTEES

DEPARTMENTALCOMMITTEEONENVIRONMENT,FORESTRYANDMINING

REPORT

ON

CONSIDERATIONOFTHEFORESTCONSERVATIONANDMANAGEMENT (AMENDMENT)BILL,2025,NATIONALASSEMBLY BILLNO.38OF2025

P.O.

DIRECTORATEOFDEPARTMENTALCOMMITTEES,

CLERK'SCHAMBERS, PARLIAMENTBUILDINGS, NAIROBI. APRIL,2026

TABLEOFCONTENTS

| LISTOFABBREVIATIONSANDACRONYMS. | LISTOFABBREVIATIONSANDACRONYMS. | LISTOFABBREVIATIONSANDACRONYMS. | |--------------------------------------------------------------------|--------------------------------------------------------------------|--------------------------------------------------------------------| | LISTOFANNEXURES.. CHAIRPERSON'SFOREWORD | LISTOFANNEXURES.. CHAIRPERSON'SFOREWORD | LISTOFANNEXURES.. CHAIRPERSON'SFOREWORD | | CHAPTER ONE | CHAPTER ONE | CHAPTER ONE | | 1.0 | PREFACE. | 6 | | 1.1 | ESTABLISHMENTOFTHECOMMITTEE 6 | ESTABLISHMENTOFTHECOMMITTEE 6 | | 1.2 | MANDATEOFTHECOMMITTEE | MANDATEOFTHECOMMITTEE | | 1.3 | COMMITTEEMEMBERSHIP | COMMITTEEMEMBERSHIP | | 1.4 | COMMITTEESECRETARIAT. 8 | COMMITTEESECRETARIAT. 8 | | CHAPTER TWO | CHAPTER TWO | CHAPTER TWO | | 2.0 BACKGROUNDOFTHEFORESTCONSERVATIONANDMANAGEMNT (AMENDMENT),2025 | 2.0 BACKGROUNDOFTHEFORESTCONSERVATIONANDMANAGEMNT (AMENDMENT),2025 | 2.0 BACKGROUNDOFTHEFORESTCONSERVATIONANDMANAGEMNT (AMENDMENT),2025 | | 2.1 Introduction. 9 | 2.1 Introduction. 9 | 2.1 Introduction. 9 | | 2.2 | 2.2 | Situational Analysis.... | | 2.3 | 2.3 | Overviewof theForestConservation andManagementBill,2026. | | CHAPTER THREE 14 | CHAPTER THREE 14 | CHAPTER THREE 14 | | 3.0 PUBLICPARTICIPATIONISTAKEHOLDERSCONSULTATIONONTHEBILL .14 | 3.0 PUBLICPARTICIPATIONISTAKEHOLDERSCONSULTATIONONTHEBILL .14 | 3.0 PUBLICPARTICIPATIONISTAKEHOLDERSCONSULTATIONONTHEBILL .14 | | 4.1 Ministry of Environment, Climate Change,and Forestry.... | 4.1 Ministry of Environment, Climate Change,and Forestry.... | 14 | | 4.2 MS. Lydia Nyawira Mburia ... | 4.2 MS. Lydia Nyawira Mburia ... | .31 | | CHAPTERFOUR 34 | CHAPTERFOUR 34 | CHAPTERFOUR 34 | | 4.0 | PUBLICHEARINGSINTHECOUNTIES 34 | PUBLICHEARINGSINTHECOUNTIES 34 | | 4.1 | Background Information... 34 | Background Information... 34 | | 4.2 | Public Hearing at the Counties... 34 | Public Hearing at the Counties... 34 | | 4.2.1 | IsioloCounty... | .34 | | 4.2.2 | Nyeri County..... | .35 | | 4.2.3 | Embuout...... | 36 | | 4.2.4 | Makueni Count.. | .37 | | 4.2.5 | Machakos County... | 39 | | 4.2.6 | Kilifi ount..... | .45 | | 4.2.7 | KwaleCounty..... | .46 | | 4.2.8 | KisumuCounty... | .46 | | 4.2.9 | Kakamega County... | .48 | | 4.2.10 | Kericho County.... | .50 | | 4.2.11 | Uasin GishuCounty..... | .51 | | 4.2.12 4.2.13 | NakuruCount.... Online submissions. | .52 .54 | | CHAPTERFIVE | CHAPTERFIVE | 56 |

| 5.0COMMITTEEOBSERVATIONS 56 | |--------------------------------------| | CHAPTERSIX. 57 | | 6.0COMMITTEERECOMMENDATION .57 | | CHAPTERSEVEN 58 | | 7.0SCHEDULEOFPROPOSEDAMENDMENTS. .58 |

LISTOFABBREVIATIONSANDACRONYMS

ASALS

AridandSemi-Arid Lands

CFAs

CommunityForestAssociations

FMA

Forest Management Associations

KEFRI

Kenya Forest Research Institute

KFS

KenyaForestServices

KUP

Kenya Union Party

NACOFA

National AllianceofCommunityForestAssociations

NEMA

NationalEnvironmentManagementAuthority

ODM

Orange DemocraticMovement

PFMP

ParticipatoryForestManagementPlans

UDA

UnitedDemocraticAlliance

UPIA

United Party of Independent Alliance

WDP

WiperDemocraticParty

LISTOFANNEXURES

• 1.Report adoption Schedule
• 3.Copy of theNewspaper Advertisement on Public Participation
• 2.Minutes
• 4.Letter inviting stakeholdersformeetingswith theCommittee
• 5.Stakeholdersubmissions

CHAIRPERSON'SFOREWORD

This Report contains the Departmental Committee on Environment,Forestry and Mining proceedings onitsconsiderationof theForestConservation andManagement(Amendment) Bill,2025,publishedon committed to the Departmental Committee on Environment,Forestry and Mining for consideration and reportingtotheHousepursuantto theprovisionsoftheNational AssemblyStandingOrder127.

The Forest Conservation and Management (Amendment) Bill, 2025, is sponsored by the Leader of the MajorityParty,theHon.Kimani Ichung'wa.The objectoftheBill is to amend the Forest Conservation and Management Act,20l6, to enhance sustainable forest management, strengthen governance and institutional coordination in the forestry sector,promote conservation and rehabilitation of forest

The Bill concerns county governments in terms of Article Ilo (l) (a) of the Constitution.

andstakeholderviewsontheBillpursuanttoArticleIl8(l)(b)oftheConstitutionandStandingOrder 127(3),the Committeereceivedone Memorandum from Ms.Lydia NyawiraMburia.

TheCommitteealsoinvited thefollowingMDAsvidealetterREF:NA/DDC/EF&M/2026/013dated 5thMarch 2025 for their comments and proposals on the Bill:

• i) StateDepartment for Environment and Climate Change.

2. i)The State Department forForestry;and

The Cabinet Secretary, Ministry of Environment, Climate Change and Forestry, Dr. Deborah Barasa, EGH,appearedbeforetheCommitteeonFriday,I3thMarch2026.

In addition, the Committee conducted a public hearing exercise from Monday,20th to Friday, 24th April 2026,in twelve(12) counties,namely,Isiolo,Nyeri,Embu,Makueni,Machakos,Kilifi,Kwale, Kisumu,Kakamega,Kericho,Uasin Gishu,andNakuru.

The Committee,having considered the Forest Conservation and Management(Amendment)

TheCommitteeisgrateful to theOfficesof theSpeaker and theClerkof theNational Assemblyfor the totheHonorableMembersoftheCommitteeandSecretariatwhomadeusefulcontributionstowards the consideration and production of thisreport.

OnbehalfoftheDepartmentalCommitteeonEnvironment,ForestryandMiningandpursuantto provisionsofStandingOrder127(4),itismypleasureandhonourtopresenttothisHousetheReport of the Committee on its consideration of theForest Conservation and Management(Amendment) Bill, 2025.

HON.VINCENTMUSYOKAMUSAU,CBS,MP CHAIRPERSON,DEPARTMENTALCOMMITTEEONENVIRONMENT,FORESTRY ANDMINING

1.0PREFACE

1.1 ESTABLISHMENTOFTHECOMMITTEE

• 1.The Departmental Committee on Environment, Forestry and Mining is one of the twenty Departmental Committees of theNational Assembly establishedunderStanding Order216, whosemandatepursuanttotheStandingOrder2l6(5) is asfollows:
• i. Toinvestigate,inquireinto,andreporton all mattersrelating to themandate,management, activities,administration,operationsandestimatesof the assignedministries anddepartments;
• ii. Tostudytheprogramme andpolicyobjectivesof Ministries anddepartments and theeffectiveness oftheirimplementation;
• im. Onaquarterlybasis,monitorandreportontheimplementationof thenationalbudget inrespect ofitsmandate;
• iv. To study and review all the legislation referred to it;
• V. Tostudy,assessandanalysetherelativesuccessof theMinistriesanddepartmentsasmeasured by theresultsobtainedascomparedwiththeirstatedobjectives;
• vii. Tovetandreportonall appointmentswheretheConstitutionor anylawrequirestheNational Assembly to approve, except those under Standing Order 204 (Committee on appointments);
• vi. Toinvestigate andinquire into allmattersrelating to theassignedMinistries anddepartments as they may deem necessary, and as may be referred to them by the House;
• vii. To examine treaties,agreements and conventions;
• ix. Tomake reports and recommendations to the House as often as possible, including recommendationofproposedlegislation;
• X. Toconsiderreports of Commissions and IndependentOfficessubmitted to theHousepursuant to the provisions of Article 254of theConstitution;and
• xi. ToexamineanyquestionsraisedbyMembersonamatterwithinitsmandate.

1.2 MANDATEOFTHECOMMITTEE

• 2.Inaccordancewith theSecondScheduletotheStandingOrders,theCommittee ismandated to consider mattersrelated to Climatechange,environment managementand conservation,forestry, mining and natural,pollution andwastemanagement.
• 3.In executingitsmandate,theCommitteeoversees theMinistryofEnvironment,Climate Change and Forestry and theStateDepartmentforMining.

CHAPTERONE

1.3 COMMITTEEMEMBERSHIP

• 4.TheDepartmental CommitteeonEnvironment,Forestry and Miningwas constituted by theHouse on27hOctober2022andon5hMarch2025andcomprises the followingMembers:

Chairperson

Hon. Vincent Musyoka Musau, CBS, MP Mwala Constituency UDA Party

Vice-Chairperson

Hon. Charles Kamuren, CBS, MP Baringo South Constituency UDA Party

Members

Hon.MbaluJessicaNdukuKiko,CBS,MP Kibwezi East Constituency WDP Party

Hon.Mohamed Ali Mohamed,CBS,MP Nyali Constituency UDA Party

Hon.MwanyanjeGertrudeMbeyu,CBs,MP Kilifi County

Hon.Masito Fatuma Hamisi,MP Kwale County ODM Party

ODM Party

Hon. Hiribae Said Buya, MP Galole Constituency ODM Party

Hon. Titus Lotee, MP Kacheliba Constituency KUP Party

Hon.SalimFeisal Bader,MP Msambweni Constituency UDA Party

Hon.Leo Wa Muthende,MP Mbeere Constituency UDA Party

Hon.Emathe Joseph Namuar,MP Turkana Central Constituency UDA Party

Hon.Yakub Adow Kuno, MP Bura Constituency UPIA Party

Hon.JosephWainainalraya,OGW,MP Nominated UDA Party

Hon. Kemei Beatrice Chepngeno, MP Kericho County UDA Party

Hon.CharityKathambiChepkwony,MP Njoro Constituency UDA Party

1.4 COMMITTEESECRETARIAT

5.TheCommitteeisfacilitatedbythefollowingstaff:

Mr.Nicodemus Maluki ClerkAssistantI/HeadofSecretariat

Ms.MercyWanyonyi Principal Legal Counsel Il

Mr.Hamdi HassanMohamed ClerkAssistantIll

Dr. Joseph Kuria Research Officer Ill

Ms.Nancy Chamunga Fiscal Analyst II

Mr.StephenOtieno SeniorSergeant-At-Arms

Mr.Winnie Kiziah Media Relations OfficerIll

Mr.John Ng'ang'a AudioRecording Officer

CHAPTERTWO

2.0BACKGROUNDOFTHE FOREST CONSERVATIONANDMANAGEMNT (AMENDMENT),2025

2.1 Introduction

• 6.TheForestConservation andManagement(Amendment) Bill,2025,issponsored by theLeaderof the MajorityParty,theHon.Kimani Ichung'wa.
• 7.Theobjectof the Bill isto amend theForestConservation and ManagementAct,20l6,to enhance sector,promote conservation and rehabilitation of forest resources, and improve community and

2.2 Situational Analysis

• frameworks.According to theForestStatusReport2024.Thecountrylosesanaverageof 84,7l6 hectares of forest every year to deforestation, with a further 14,934 hectares diminished ecosystem services, including water regulation, carbon storage and biodiversity loss.
• 9.Assessment of forestcover from theyear2oo0 to datepresentsa trend that has beenfluctuatingfrom 7.8% cover in the year 2000 to 6.6% in the year 2008 and at 8.83% in 2021.Thekey drivers of forest degradation that negatively impact forest coverage include: agricultural expansion, unsustainable opportunities,includinggenerating carbon credits that can be traded in the carbon credit markets, sustained provision of water catchment support,resilient habitat for wildlife,and nature-based entrepreneurs'developmentthroughsustainableloggingpractices.
• 10.Despite the enactment of the Forest Conservation and Management Act, 20l6, implementation gaps persist, including inadequate resources for the Kenya Forest Service and other agencies, inconsistent stakeholder engagement, forestry research, limited technical capacity among community forest associations, and unclear jurisdictional roles between national and county governments.

2.3Overview of the Forest Conservation and ManagementBill,2026.

• 11.TheForest Conservation and Management(Amendment) Bill,2025,is sponsored by theLeaderof theMajorityParty,theHon.Kimani Ichung'wa.
• 12.Theobjectof theBill is to amend theForestConservation and ManagementAct,20l6,toenhance

sector,promote conservation andrehabilitationof forestresources,and improve communityand stakeholderparticipationinforestmanagement.

• 13.Establishmentof theKenya ForestService(Clauses 5-6):The amendment seeks to provide for theheadquartersof theKenya ForestService(KFS) in Nairobi and the establishmentofother offices in Kenya to ensure reasonable access to its services. Additionally, the Bill seeks to provide for additional functions of the Kenya Forest Service,i.e.,collection of revenue and charges due to the national government regarding forest resources and services, provision of security for public and provincial forests, and provision of technical assistance to county governments and individual ownersofprivateland.

14. Uniformed and disciplined staff (Clause 6): The amendment seeks to ensure that uniformed and disciplined staffof theKFS are designated by the CabinetSecretaryresponsible for matters relatingtoforestryon the adviceofKFS,asopposedto theKFSBoardon therecommendation of theCabinetSecretaryresponsibleformattersrelated tointernal security. 15. Kenya Forest Academy (Clause 7): The Bill establishes the Kenya Forest Academy as an institution within the Service for the purposes of training officers of the Service. The KFS Board is required to formulate policies for the administration and management of the Academy. 16. Director of Forest Regulation (New Part Ill A): The Bill establishes the Office of the Director of Forest Regulation,who shall be competitively recruited and appointed by the Public Service Commission.The functions of the Director of Forest Regulation include:

• ii inspect, monitor and advise the Ministry on the management and use of forest resources and theenforcementofandcompliancewiththeActandoncertificationstandardsfortree nurseries, forests and forest products in consultation with the lead agencies;
• ii) establish and maintain a national forestry registry which shall be linked to the Reduced Emissions from Deforestation and Forest Degradation Carbon registry established under section23Gofthe ClimateChangeActandadvise theMinistryon guidelines fordata sharinginaccordancewith theActandanyotherwrittenlaw;and
• ili)undertake theregistration and licensing offorestcertification experts and timber graders.
• 17.Kenya Forestry Research Institute(NewPartIllB):The Billestablishes the Kenya Forestry Research Institute,which shall beasuccessorof theKenyaForestryResearch Institute specified under paragraph 2 of the Fourth Schedule to the Science,Technology and InnovationAct(Cap. 511).
• 18.The Institute shall be a body corporate with perpetual succession and a common seal with its headquarters inKiambu.The functions of the Institute include:
• i)a chairperson appointedby thePresident;
• ii) the Principal Secretary responsible for matters relating to forestry research or a representative appointed inwriting;
• ilit appointed inwriting;
• iv) theAttorney-General orarepresentative appointed inwriting;
• the Chief Conservator of Forests of theKenyaForestService or arepresentative appointed in writing;

• vi)theDirector-General of theNational CommissionforScience,Technology and Innovation or a representative appointed in writing;
• vii)four otherpersons,notbeingpublicofficers,with skillsrelevant to the Institute's functions, appointedbytheCabinetSecretary;and
• vii)theDirector-General,whoshall be an exofficiomemberof theBoardwith no right tovote.

19. A person qualifies for appointment as a member of the Board if that person has a degree in a relevant field from a university recognised in Kenya;has proven management or other relevant meets the requirements of ChapterSixof the Constitution.The chairperson and members of the Board shall holdofficefor a termofthreeyears andshall beeligibleforreappointmentfor one othertermofthreeyears.

• 20.The Director-General of the Institute shall be competitively recruited and appointed by the Board of the Institute and shall beresponsible to the Board for the day-to-day management of the Institute. A person qualifies for appointment as the Director-General if that person has at least ten years' professional experience in matters related to the forestry sector,five of which shall be at a senior management level; is a member of a relevant professional body in good standing; and meets the requirements ofChapterSixof the Constitution.TheDirector-General shall hold office for a term of three years, and shall be eligible for re-appointment for one further term of three years.
• 21.The Corporation Secretary shall be appointed by the Board and shall among other things assist themembersoftheBoardin theirdutiesandresponsibilitiesandbe thecustodianofthesealof the Institute and account to the Board for its use.A person qualifies for appointment as the Corporation Secretary if that person holds a degree in lawfrom a university recognized in is a member in good standing of the Institute of Certified Public Secretaries of Kenya; and meets therequirementsofChapterSixof theConstitution.
• 22.Funds of the Institute:Thefunds of the Institute shall include such sums asmay be appropriated by Parliament for the purposes of the Institute; such monies as may accrue or vest in the Institute in the course ofthe exerciseofitspowersor theperformanceof itsfunctions under this Act or any other written law; gifts, grants or donations made to the Institute; and ofany andalloftheobjectsandfunctionsoftheInstitute.
• 23.Awardtoinventororinnovator:dWheretherightstoanyinventionorinnovationhavebeen vestedto the Institute,theBoardof the Institutemay awardto the inventoror innovatorsuch a bonusasitmaydeemfit,ormakeprovisionforfinancialparticipationbytheinventororinnovator patent in respect of any invention or innovationforpurposes of the CopyrightAct and the Industrial PropertyAct.
• 24.Management of indigenous forests (Clause Il):The amendment seeks to promote sustainable management of all forests,including dryland forests by obligating KFS and KEFRl, in collaboration with county governments and private owners, to expand tree-growing initiatives in dryland areas.Additionally,the Cabinet Secretary is required,in consultation with the

Directorate to prescribe guidelines,standards and procedures for the management and utilisation ofdrylandforests.

• 25.Framework for the Payment for Ecosystem Services Schemes (Clause I3):The Bill provides that the Institute shall,in consultation with relevant stakeholders, establish a framework for the Payment for Ecosystem Services Schemes in public,community and private forests. The Service and the Institute are required to jointly undertake total economicvaluation of forest ecosystem goods and services every five years and to submit the report to the Cabinet Secretary. Additionally,theService shall coordinate theimplementationof thePaymentforEcosystemServices Schemes, including the terms and conditions in standardized contracts, agreements and operational manuals while the Institute shall develop operational guidelines to determine incentives for the ecosystem services. The Cabinet Secretary in consultation with the National Treasury, shall mainstreamincentivemechanismsforPaymentforEcosystemServicesSchemes.

26. National tree planting week (Clause I4): The amendment seeks to ensure that the Cabinet Secretary plans and executes programmes necessary for observing the national tree planting initiatives and other international forest events as opposed to only for purposes of the national tree planting week and the International Day of Forests, as is the case under the Act. 27. Authorization and private sector involvement (Clause I5): The amendment seeks to ensure that KFS invites not only the public sector but also the private sector to participate in the sustainable management of forests under their jurisdiction.Additionally,the amendment seeks to ensure that KFS also issues authorizationsfor forestry activitieswithrespectto easementsforpublicroads andotherpublicinstallationsandwayleavesforpublicutilities. 28. Chain-of-custody (Clause I6): The amendment seeks to ensure that the Cabinet Secretary and not KFS publishes in the Gazette a chain-of-custody system for the verification of the origin of forest products from public, community and private forests and the compliance of license holders in accordancewiththeAct.

• 29.Prohibition on trade inrestricted forestproduce(Clause I7):The amendment seeks to providefor the offenceofexportation orimportation of aforestproductprohibited forexportor importandprovide for a penalty,onconviction,toafine not exceedingfive million or to imprisonment for a term not exceeding three years or, to both.
• 30.Prohibited activities in forests (Clause I8):The amendment seeks toprohibit the transportationorremovalofanyprohibitedforestproducewithouttheforestowner'sauthority.lt alsoenhancespenaltiesforprohibitedactivitiesinforestsfroma finenotexceedingonehundred thousand shillingsor toimprisonmentfor a termnot exceedingsixmonthstoa finenotexceeding
• 31.Other offences(Clause I9):The amendmentseeks to enhance the penalty for theoffenceof setting fire to any public,provisional, community or private forest from a fine not exceeding fifty thousand shillings or to imprisonmentfor a termnotexceeding six months,or toboth,toa fine toboth.

• 32.Regulations(Clause 20):The amendment seeks to ensure that the Cabinet Secretary makes Regulationson therecommendationof notonly theBoardof KFSbutalsothe Institute.
• 33.Discoveries,inventions,etc.,to vest in the Institute(Clause 2l):The amendment seeks to provide that all rights in any discoveries,inventions, innovations,improvements and intellectual property rights inrespect of processes,products,apparatus and machinesmade for or on behalf of the Institute shall vest in the Institute.Where such developments arise from a funding agreement between the Institute and another entity, the intellectual property will be jointly owned by both parties.
• 34.Conductof Business and Affairs of the Board (Clause 22):The amendment seeks to ensure that the First Schedule to the Acton the Conduct ofAffairs and Business of the Board also applies to theBoardoftheInstituteinaddition to theBoardoftheKFS
• be taken and subscribed to by staff of the Service designated by the Cabinet Secretary as uniformed and disciplined officers.
• 36.Consequential amendments(Clause 24):The amendmentseeks to delete thereference to the Kenya Forestry Research Institute as one of the Research Institutions under the Science,Technology and Innovation Act. The Kenya Forestry Research Institute, established under the Science, Technology and Innovation(Cap.5ll) is now proposed to be anchored in the Forest Conservation andManagementAct.
• 37.Savings and transition(Clause 25):The amendment seeks to providefor transitional provisions with respect to the former Kenya Forestry Research Institute, as established under the Science, Technology and Innovation Act, to the Kenya Forestry Research Institute as proposed to be established under the Forest Conservation and ManagementAct.This is with respect to the assets and other property, rights, obligations, powers and duties, suits or legal proceedings, directions,orders and authorizations given,or licenses or permits issued or registrations and administrative directions

CHAPTERTHREE

3.0PUBLICPARTICIPATION/STAKEHOLDERSCONSULTATIONONTHEBILL

38. Following the call for memoranda from the public through placement of adverts in the print media on22dNovember2025andvidealetterREF:NA/DDC/EF&M/2026/013dated5tMarch 2024 inviting stakeholders for a meeting, the Committee received submissions from the following stakeholders:

• a) Ministry of Environment, Climate Change, and Forestry
• b) Ms.Lydia Nyawira Mburia

4. 4.1 Ministry of Environment,Climate Change,and Forestry 5. 39.The CabinetSecretary,MinistryofEnvironment,Climate Change and Forestry,Dr.Deborah Barasa, EGH, appeared before the Committee on Friday, 13th March 2026 and submitted to the Committeeasfollows: 40. The Bill proposes significant structural changes to enhance the efficiency and independence of forestryinstitutions:

• a) Institutional Realignment and Strengthening

8. D Kenya Forestry Research Institute (KEFRl) Autonomy: The Bill seeks to establish KEFRI directly under the Forest Conservation and Management Actrather than the Science, Technology and Innovation Act. This is intended to give the Institute an operational space morerelevantto itsmandate andclarifyitsroleinforestryresearch anddevelopment. 9. ii) Kenya Forest Academy: A new academy is established within the Kenya Forest Service (KFS) to provide specialized training for forest officers, ensuring they meet professional and securitystandards. 10. ili)Office of theDirector of Forest Regulation:The Bill creates this office to setnational standards, procedures, and guidelines for forest management and to monitor compliance acrossthesector.

• b) Enhancing Conservation and Management

12. frameworks: 13. i)Dryland Forestry and Water Harvesting: It mandates the promotion of efficient water harvesting and management technologies for tree growing in arid and semi-arid areas.

• i) Buffer Zones and Ecosystem Services:Forest owners arerequired to designate buffer Ecosystem Services (PES), rewarding managers who provide ecological benefits like carbon storageandwaterregulation.

15. i )Natural Capital Accounting:The Bill incorporates"natural capital accounting"into the national GDP,recognizing the economic value of services like carbon sequestration and biodiversityconservation. 16. c)Strengthening Enforcement and Compliance 17. 42.A major justificationfor theBill istheneed formore effective deterrents againstforestcrimes:

• i but alsoprivate andcommunityforestsfrom"unlawful violation".
• ii Increased Penalties:Fines for unauthorized activities(such as illegal charcoal production or removal of forest produce) are significantly increased, in some cases from Kshs Ioo,000 to overKshs I million.
• ili) Chain-of-Custody System:The Cabinet Secretary is empowered to gazette a system for verifying the legal origin of forest products, ensuring compliance from the point of harvest to themarket.

d) Devolution and Inter-Agency Coordination

• County levels:
• County Government Functions: It explicitly provides for additional functions for county governments in implementing national forest policies and managinglocal forest programs.
• Collaborative Rule-Making: The Cabinet Secretary is now required to consult both the KFS and KEFRI boards when making regulations, ensuring that both operational and research expertiseinformpolicies.
• ii) Access to Services: The KFS is mandated to establish offices across Kenya to ensure reasonable access toits services for all citizens.

e)Addressing Global and Constitutional Obligations

• i) Constitutional Compliance:The Bill implements forest-related provisions of the sustainableexploitationofnaturalresources.

2. International Commitments:The Bill helpsKenya meetobligations under international treaties like theParis Agreementand the Convention on Biological Diversity by integrating mechanisms like REDD+(Reduced Emissions fromDeforestation and Forest Degradation).

f)PublicParticipation

• 27thand 15thApril 2025,tofulfil Article118of theConstitution.
• i Theexercise covered I0regional centresin theNorthRift,NorthEastern,Central Riftand Ewaso Ngi'ro North, representing 47 counties, and 1,216 participants were reached.
• ii) The exercise drew together a broad cross-section of stakeholders organized into four categories:
• a) Community and Indigenous Groups:Community Forest Associations (CFAs), NACOFA,the Lembus and Ogiekcommunities,and smallholder treegrowers.
• b) Government and Partners:Ministries,Departments and Agencies (MDAs),the Council of Governors (COG),the National Land Commission (NLC), the National Environment and Management Authority (NEMA),United Nations Development Programme (UNDP),and The Center for International Forestry Research and World Agroforestry(CiFOR-ICRAF).
• Private Sector and Technology:Timber manufacturers (Timsales), sawmillers, andSafaricomDigiFarm.
• (P Civil Society and Sub-groups:Academia,Media,persons with disabilities(EMC Deaf Community),Youth, and Women's Networks (WWANC).
• industrial players,ensuringa holisticviewof theforestvalue chain.

• iv) The public participation process affirmed massive national interest in institutional accountability.
• 45.Thefollowingsubmissionsweremadeduringthemeetings:

Clause3

46. Section 4 of the principal Act is amended by inserting the following new paragraph immediately after paragraph (d)—- "(da) promotion of effcient water harvesting and management technologies for tree growing in dryland areas."

Justification:

This is to introduce the sustainable management of dryland forests as a principle of the Act.

Committee Observation/Resolution:

The Committee agreed to the proposed amendment.

Clause 4

47. Section 7 of the principal Act is amended by inserting the following new subsections immediately aftersubsection:

• i) (IA) The headquarters of the Service shall be in Nairobi.

3. i)(IB) The Service may establish such other offices in Kenya to ensure reasonable access of its services.

Justification:

This is to introduce certainty in the location of the headquarters of the KFS for purposes of certainty and torequire the devolutionof the servicesofKFS.

Thepurpose istodecentralizeKFSservicesto thelowestlevelfeasible.

Committee Observation/Resolution:

The Committee agreed to the proposed amendment.

Clause5

• 48.Section 8 of the principal Act is amended by inserting the following new paragraphs immediately after paragraph (n):
• (na) collect revenue and charges due to the national government in regard to forestresources andservices in accordancewith thePublicFinanceManagementAct;
• (nb)provide security forpublic andprovisional forests;
• (nc) provide technical assistance to the county governments and individual owners of private land in the development of agroforestry and commercial forestry inprivate land and community land, respectively.

Justification:

The proposed amendment proposes additional functions of KFS.

CommitteeObservationlResolution:

The Committee agreed to the proposed amendments of the additional functions of the Service in paragraph (na) and (nb) but resolved to further amend the proposed new paragraph(nc) to ensure that it's only applicable tocommunity forests.

Clause5

• 49.Section16of theprincipalActis amendedby:
• (i) The Cabinet Secretary may, on the advice of the Service, designate a specific cadreofthe staffof theService tobe uniformed and disciplinedofficersofsuch ranks asshall be determined by theServicewith the approvaloftheCabinet Secretary.
• i)deleting subsection (l) and substituting therefor the following new subsection:
• ii)inserting the following new subsections immediately after the subsection(3)—
• (4) The staf designated under subsection(l) shall undergo law enforcementand security trainingin an institutionrecognizedbytheBoard.
• (5)A person designated under subsection
• (1) shall take and subscribe to the Oath of Allegiance assetoutin theFourth Schedule.

Justification:

Current provision requires that the Board,on the recommendation of the Cabinet Secretary responsiblefor mattersrelated to internal security,may designate.

This introduces mandatory training and also Oath of Office for designated staff. It also seeks to requiremandatorytrainingandtakingofoathforsuchofficers.

Committee Observationl Resolution:

The Committee resolved to reject the proposed amendment so as to ensure that the Cabinet Secretary responsible for internal affairs and not the Cabinet Secretary responsible for matters relating to forests designates uniformed and disciplined officers of the Service. Additionally,the Committee resolved to provide for the application of the Independent PolicingOversightAuthorityAct,Cap86 touniformedanddisciplinedofficersof theService as regards to disciplinary matters.

Clause7

• 50.The principal Act is amended by inserting the following new section immediately after section 17-
• 17A.(l) There is established an academy to be known as the Kenya Forest Academy, which shallbe aninstitutionwithintheService.
• (2)TheKenyaForestAcademyshall providetrainingforofficers of theService.
• (3) The Board shall formulate policies for the administration and management of the Academy.

Justification:

The proposed inclusion is to provide for a dedicated training institution for personnel of the service

CommitteeObservationlResolution:

The Committee rejected the proposed amendment, noting that the Forest Conservation and Management Act, Cap 385,has established the Kenya Forest College for, among other things, traininguniformedanddisciplinedofficers

Clause 8

• paragraph (d)—-

(da) shall implement national policies on forest management and conservation.

Justification:

forestconservation andmanagement.

Committee Observation/Resolution:

The Committee rejected the proposed amendment as the same is already provided for in the Forest Conservation and Management Act, Cap.385.

Clause9

Section 22of theprincipal Act is amended in subsection(l)by deleting thewords"as established under theScience,Technology andInnovationAct(Cap.511).

Justification:

• 52.Theproposed amendment intendsto establish the Institute under theAct to enhance coordination.

Committee Observation/Resolution:

The Committee agreed to the proposed amendment as the Kenya Forest and Research Institute is proposed to be anchored under the Forest Conservation and Management Act, Cap.385.

PARTIlIA-ClauseI0

The principal Act is amended by inserting the following new Parts immediately after section 29 29A.

• (1) The Office of the Director of Forest Regulation, which shall be an office in the public service.
• (2) The Director shall be competitively recruited and appointed by the Public Service Commission.

Justification:

The proposed Part lliA to the Act introduces a significant institutional development in the forest sectorgovernance andmanagement.TheDirectorateshall assisttheministryinstandard-settingand regulatorymatters in theforestsector.Itshall assisttheministryin itsoversightover thelead agencies in the forestsector.

29B.ProvidesthefunctionsoftheDirector.

• (a) in consultation with thelead agencies,advise the Ministry onnational standards, procedures and guidelines for participatory forest management, and use of forests, commercialforestry,forestproductsandservices,andtraceabilityofforestproducts and services;
• (b) inspect, monitor and advise the Ministry on the management and use of forest resources and the enforcementofandcompliancewith thisAct,regulations,standards,procedures, andguidelines made under this Act;

• (c) receive complaints and concerns arising in the forestry sector and advise the Ministry on recommendations to the concerned organs for corrective action;
• (d) develop and advise the Ministry on certification standards for tree nurseries,forests and forestproducts in consultation with the lead agencies;
• (e) develop and advise the Ministry on a framework for stakeholder coordination for sustainable management of forests;
• establish andmaintain a national forestryregistrywhich shall belinked to theReduced Emissions from Deforestation and Forest Degradation Carbon registry established under section 23Gof the Climate Change Act and advise the Ministry on guidelines for data sharing inaccordancewiththeActandanyotherwrittenlaw;
• (g) receive and analyse annual reports on licenses, permits, leases and concessions to forest resourcesissued inrelation to-
• (i)building of dams;
• (i) infrastructural projects including water pans, roads, pipelines, ports, electricity substations or lines,base transceiver stations or masts;
• (ii) concessions on forests;
• (iv) large tourism projects with a value exceeding twenty million shillings;
• (v)development ofpublicinstitutions including showgrounds,schools,hospitals,police stations and other institutions including churches; and
• (vi) forest carbon projects;
• (h)monitor theimplementation ofnational forestresourcevaluations andassessmentsin consultation with other lead agencies advise theMinistry accordingly;
• develop and advise the ministry on strategies for the achievement and maintenance of at least tenpercentum of tree and forestcoverover theland areaofKenya;
• monitor implementation of the paymentfor ecosystem services,benefit sharingmechanisms and incentiveswithin theforestsector and advise theMinistry accordingly;
• (k) undertake the registration and licensing of forest certification experts and timber graders;
• (l)establish and maintain theNational Safeguards InformationSystem;
• (m)prepare annual reports on compliancewithin the forestry sector by sectorplayerswith the regulatoryrequirements;and
• (n) perform such other functions incidental or consequential to the Director's functions under this Act or any other written law or as assigned by the Cabinet Secretary.

Justification:

Providesfor thefunctionsoftheDirectorate

29C.Providesfor the establishment and maintenance of registers by theDirector.

• (1) The Director shall maintain aregister that shall contain details of

2. (a)any standards,procedures and guidelines developed under thisAct; 3. (b) information on licences, permits and concessions; and 4. (c)registered and licenced professionals in the forestry sector. 5. public attheoffice of theDirector.

29D.Provides Certification of forestcertification.

• (1) A forest certification required under this Act shall be undertaken by experts registered andlicensedbytheDirector.

• (2)Anyperson undertakingcertification contrary to the provisions of thisAct commits an offence andshall,uponconviction,be liabletoafinenotexceedingonemillion shillings or imprisonmentofoneyear,orbothsuchafineand imprisonment.
• (3) (c) receive complaints and concerns arising in the forestry sector and advise the Ministry on recommendationstotheconcernedorgansforcorrectiveaction;

Justification:

thelocalandinternationalmarket.

29E.Providesforregistration of timber graders

• (1)A person shall notundertake timbergradingunless theperson isregistered and licenced by the Director to undertake timber grading.
• (2) Any person undertaking timber grading contrary to the provisions of this Act commits an offence and shall,upon conviction,be liableto a finenotexceedingonemillion shillingsor imprisonment of one year, or both such a fine and imprisonment.

Justification:

Providefor qualifications of personsfor registration and licencing ad timber graders.

CommitteeObservation/Resolution:

The Committee agreed to the proposed amendmentwith further amendments,noting that forestry sector,the qualifications of the Director of Forest Regulation ought to be provided for and the functions of the Director of Forest Regulation ought to be amended to ensure there'sno duplication of its mandate and thatof theService.

PARTIIIB

29F.Establishmentof theKenyaForestryResearchInstitute

Thereis established an institutetobeknownastheKenyaForestryResearchInstitute,which shall beasuccessorof theKenyaForestryResearchInstitutespecifiedunderparagraph2of theFourth Schedule to theScience,Technology and InnovationAct.

Justification:

Thispartseeks toestablishtheKenya ForestryResearchInstituteunder theAct.TheInstituteis currently housed in a schedule to the Science,Technology and Innovation Act.Anchoring the Institute intheActwillensureenhancedcoordinationandtheInstitutewillnowexistinan operational spacethatisrelevanttoitsmandate.

29G.Headquartersofthe Institute

• (1) The headquarters of the Institute shall be inKiambu County.
• (2) The Institute may establish research centres,innovation and incubation hubswithin the counties and agro-ecological zonesinKenya.
• (3) The Institute shallbe a bodycorporatewithperpetual succession and acommonseal and shall, in its corporate name, be capable of:

4. (a)suing and being sued;

• andimmovableproperty;
• (d) entering into contracts;and
• (c)borrowing money;
• corporate.

Justification:

ThenewPart alsocontainsa more streamlined andexpandedmandateof theInstitute,includingthe adoption and upscaling.

29H.Functions ofthe Institute

• (1) The Institute shall be the lead government agency in forestry research and development andshall,inrelation toforestry andalliednaturalresources

2. (a) develop research and development programmes and technologies for the sustainabledevelopmentofforestryand alliednaturalresources; 3. resources; 4. (d)establish partnerships and cooperate with other research organisations and institutions of higher learning in joint research and training.

• (2) Without prejudice to the generality (l), the Institute shall -

6. provide quality tree seeds and seedlings; 7. (c) develop forestry technologies and products for sustainable development; 8. agroforestry; 9. (e)maintain a database for scientific and forestryresearchinformation; 10. ? develop standards on mattersrelated to forestryresearch and development; 11. (g) 12. (h)developtechnologies andproceduresformonitoringofforesthealth and biodiversity status; 13. 0 conductresearch,developmodelsandproceduresforforestcarbonestimationand quantification incollaborationwithrelevantstakeholders; 14. (i) developcertificationstandardsfor treeseedsin collaborationwith theKenyaPlant HealthInspectorateService; 15. (k) undertake tree seed production; 16. (l)undertake policy research in forestry and allied natural resources; 17. (m)developguidelinesonforest andtreevaluation; 18. enhanceadoptionandupscaling; 19. (o)undertakeforestforensicresearch and development; 20. (p) develop protocols and procedures for development of forest-based food and medicinalproducts;

• improvementoftheirlivelihoodsofcommunities;
• as naturebased solutions in drylands;
• (s)developforestcarbontradingmodels underagroforestry and commercial forestry systems;
• (t) developmodels and methodologies of forestcarbon quantification,financing and marketing;
• (u)reportbiennially to the CabinetSecretary on mattersrelated toforestryresearch anddevelopment;and
• (v)perform suchotherfunctionsasmaybeconferred toitby thisAct or anyother writtenlaw.
• (3)The Institute,in consultationwith the ministryresponsible for mattersrelated to education, master's and doctoral-level academic programmes on forestry and allied natural resources.

291.BoardoftheInstitute

Themanagementof the Instituteshall vestinaBoardof the Institute,which shall consistof

• (a) a chairperson appointed by the President;
• representative appointed in writing;
• (c) the Principal Secretaryresponsible formatters relating to finance or a representative appointed in writing;
• (e) the Chief Conservator of Forests of the Kenya Forest Service or a representative appointed in writing;
• (d) the Attorney-General or a representative appointed in writing;
• (f)the Director-General of the National Commission for Science, Technology and Innovation or a representative appointed inwriting;
• (g)fourotherpersons,notbeingpublicofficers,withskillsrelevanttotheInstitute's functions, appointed by the Cabinet Secretary;and
• (h) the Director-General,who shall be an ex-officio member of the Board with no right to vote.

29]. Qualifications for appointment as a member of the Board.

• (1)Thechairpersonand memberof theBoardappointed under section29l(g) shall holdoffice for a term of three years and shall be eligible for reappointment for one other term of three years.
• (g)ifthatperson--
• (a)has a degree in a relevant field from a universityrecognised inKenya;
• (b) has proven management or other relevant professional experience;
• (d)meets therequirementsofChapterSixof theConstitution.
• (3)The appointmentof theChairperson and membersof theBoardof theInstituteshall beby nameandbynoticeintheGazette.

29K.Tenure ofoffice.

• (1)Thechairperson and a memberof theBoard appointed undersection29l(g)shall hold office for a term of threeyears and shallbe eligible for reappointmentfor one other term ofthreeyears.
• (2)Themembersof theBoard shall beappointed at different timesso that their termsof office expire atdifferentintervals.

29L.Remuneration ofmembersof theBoard.

AmemberoftheBoardof theInstituteshall bepaidsuchallowancesorotherremunerationas the Cabinet Secretary may,on the advice of the Salaries and Remuneration Commission, determine.

29M. Vacancy on the Board.

• (1)Theofficeof thechairperson ormemberof theBoardof theInstitute shall becomevacant if the holder-
• (b) is absent from three consecutive meetings of theBoard of the Institutewithout reasonable cause;
• (a) dies;
• (c) resigns from office by notice in writing addressed to the appointing authority;
• (d) is unable to perform the functions of the office arising out of physical or mental infirmity;
• (e) is negligent or incompetent in the performance of his or her functions;
• (g)violates Chapter Six of the Constitution;or
• (f) is adjudged or otherwise declared bankrupt by a competent court;
• (h) is convicted of a criminal offence and sentenced to imprisonment for a term of not less than sixmonths.
• (2) Where a vacancy occurs in the membership of the Board of the Institute under subsection of this Act.

29N.FunctionsoftheboardoftheInstitute.

TheBoardoftheInstituteshall—

• policiesand plansof the Institute;
• (b)considerandapprove thebudgetoftheInstitute;
• (c)facilitate themobilisationofresourcesfor the Institute.
• (d) approve the organisational structure and other human resources management policies, guidelines,procedures and manuals of the Institute;
• (e)monitor and evaluate theperformance and ensure the sustainabilityof theInstitute;
• (f)formulatepoliciesfor the administration andmanagementof thegraduate school;
• (g)enhance thecorporate imageof theInstitute and ensure effectivecommunicationwith stakeholders;and
• (h) carry out any other function for the purposes of promoting and facilitating the objects of the Institute.

290.PowersoftheBoardoftheInstitute.

TheBoardof the Instituteshall have all thepowersnecessaryfortheproperperformanceof thefunctionsoftheInstituteand,inparticular,theBoardshall havethepowersto:

• (a) acquire immovable and movable property and funds of the Institute in a manner and for the purposeswhichshall promote the interests of theInstitute;
• (b) determine the provisions to be made for capital and recurrent expenditure and for the reservesoftheInstitute;
• (c) receive on behalf of the Institute, fees, donations, endowments, gifts, grants or other moneys and make disbursements therefrom in accordancewith the law;
• (d) invest any moneys of the Institute not immediately required infurtherance of its objects;and
• (e) do any other thing which is necessary or convenient to be done in connection with or incidental toitsfunctions.

29P.ProcedureoftheBoardoftheInstitute.

• (1)The business and affairs of theBoard of the Institute shall be conducted in accordancewith theFirstSchedule.
• (2) Notwithstanding subsection (l), the Board may regulate its own procedure.

29P.Delegation by the Board of the Institute.

The Board of the Institute may, by resolution, either generally or in any particular case, delegate to any committee of the Board of the Institute or to any member,officer,or employee of the Institute, exercise of any of its powers or the performance of any of its functions.

29R.CommitteesoftheBoardoftheInstitute.

• (l) The Board of the Institute may, establish committees for the effective discharge of its functions.
• (2) The Board of the Institute may, by resolution, either generally or in any particular case, delegateto acommitteeof theBoard theexerciseof anyof thepowersortheperformance of any of thefunctions or duties of theBoard of the Institute.
• (3) The Board of the Institute may coopt into the membership of a committee established under subsection (l), any person whose knowledge and skills are considered necessary for the effectivedischargeofthefunctionsof theInstitutefor aspecifiedperiodof time.
• (4) Subjectto any specificor general direction of the Board,any committee established under subsection (l) may regulate its own procedure.
• (5) Any person co-opted into a committee under subsection (3) may attend the meetings of the committee and participate in its deliberations,but shall notvote at such meeting.

29s.DirectorGeneral

There shall be a Director General of the Institute who shall be competitively recruited and appointed bytheBoardoftheInstitute.

• (2) A person qualifies for appointment as the Director-General, if that person—-(a) possesses a Doctorate degree in a relevant field from a university recognized inKenya;

2. (a)possesses a Doctorate degree in a relevant field from a university recognized in Kenya; 3. five of which shall be at a senior management level; 4. (c) is a member of a relevant professional body in good standing; and 5. (d)meetstherequirementsofChapterSixof theConstitution.

• (3) TheDirector-General shall beresponsible to theBoard for-

2. (a) implementation of the decisionsof theBoard; 3. (b) the day-to-day management of the Institute; 4. (c) overall responsibility for the objectives, policy direction, administration and programs ofthe Institute; 5. (d)preparation of the strategic plan,annual plan,budget and audited accounts of the InstitutefortheapprovaloftheBoard;and 6. (e)perform such other duties as may be assigned by theBoard. 7. (5)TheDirector-General shall hold officefor a term of threeyears,and shallbe eligible forre appointment for one further term of three years--

• (4) The Director-General shall hold office for a term of three years, and shall be eligible for reappointmentforonefurtherterm of threeyears.

9. (a) inability to perform the functions of the office arising out of physical or mental incapacity; 10. (b)gross misconduct; 11. (c) incompetence or negligence of duty; or 12. (d) any other ground that would justify the removal from office under the terms and conditionsofserviceandunderanywrittenlaw. 13. (6)Where the question of theremoval of theDirector-General under subsection(5) arises,the BoardoftheInstituteshall— 14. (a) inform the Director General inwritingof the reasons for the intendedremoval;and 15. (b) give the Director-General the opportunity to be heard in accordance with the principles of fair administrative action prescribed under Article 47 of the Constitution andtheFairAdministrativeActionAct.

29T. Corporation Secretary.

• (1)There shall be a CorporationSecretarywho shall beappointed by the Board of the Institute on such terms as the Board may,on the advice of the Salaries and Remuneration Commission,determine.
• (a)assist the members of the Board in their duties and responsibilities;
• (b) ensure the timelypreparation and circulation of documents and minutes of theBoard;
• (c)be the custodian of the seal of the Institute and account to the Board for its use;
• (d) ensure that members of the Board are aware of all relevant laws affecting theInstitute;
• (e)except in exceptional circumstances,ensure that Board papers are circulated in advanceof anymeeting;and
• (fperform anyotherfunction thatmaybe assignedby theBoard.

29U.Officers andstaffof theInstitute.

The Board of the Institute may appoint such officers and other staff of the Institute as are necessary fortheproperandeffectiveperformanceofthefunctionsoftheInstitute,uponsuchtermsand conditionsofserviceastheBoardoftheInstitute,on therecommendationoftheSalariesand Remuneration Commission,may determine.

29V.Protection from personal liability

The Board of the Institute may appoint such officers and other staff of the Institute as are necessary for the proper and effective performance of the functions of the Institute,upon such terms and conditions ofserviceas theBoard of theInstitute,on therecommendationoftheSalaries and Remuneration Commission,may determine.

29W.Protectionfrompersonal liability

The fundsof theInstitute shall include

• (b) such monies as may accrue or vest in the Institute in the course of the exercise of its powers or theperformance of itsfunctionsunderthisActor anyotherwritten law;
• (c)gifts,grants or donations made to the Institute;and
• (d)such amounts from anypublicfunds that may be created by lawfor thepurposes ofthe promotion of any and all of the objects and functions of the Institute.

29X.Annual estimates for the Institute.

• (l)At leasttwo monthsbefore the end of each financial year,the Boardof the Institute shall cause tobepreparedestimatesoftherevenueandexpenditureoftheInstituteforthat financialyear.
• (2)The annual estimates shall make provision for all estimated expenditure of the Institute in thefinancialyearforthefulfilmentofitsfunctions.
• (3) The annual estimates for the Institute shall be submitted to the Cabinet Secretary for approval.
• (4) No expenditure shall be incurred
• (5) for the purposes of the Institute except in accordance with the annual estimates submitted under subsection (3),or in pursuance of an authorization of the Board of theInstitute.

29Y.Investment of the surplus funds.

• (l) The Board of the Institute may invest any surplus funds of the Institute which are not immediately required for its purposes in such securities as the National Treasury may, from time to time, approve.
• (2)TheBoard of the Institutemayplace on depositwithsuchbankorbanks as itmay determine anymoneysnotimmediatelyrequiredfor thepurposesoftheInstitute.

29Z.Awardtoinventororinnovator.

• (1)Wheretherightsto anyinventionorinnovationhavebeenvested to theInstitute,theBoard of the Institute may award to the inventor or innovator such bonus as it may deem fit,or make provisionfor financial participation by the inventor or innovator in the profits derived from theinventionorinnovation.
• (2) The Institute may apply for a patent in respect of any invention or innovation contemplated in subsection (l) and shall for purposes of the Copyright Act,and the Industrial Property Act, be regarded as the assignee of the inventor or innovator of the invention or innovation.

Committee Observation/Resolution

The Committee agreed to the proposed amendment,butwithfurther amendments to ensure that the membership of the Board of the Institute is in line with the Mwongozo Code of Governance and has representation from theforestry sector,and to delete the provisions on the Corporation Secretary.

ClauseIl,AmendmentofSection42ofCap385

Section 42 of the principal Act is amended by inserting the following new subsection immediately aftersubsection(3)-

(4) A forestowner shall identify and designatespecific areasof forest asbuffer zonestoreduce negative edge effects and enhanceecosystem services.

Committee Observation/ Resolution:

The Committee agreed to the proposed amendment, but with further amendments to ensure that the provision does not apply to private forests.

Clause I2, Management of forests, including dryland.

43A.

• (1)All forests,including dryland forests,shall be managed on a sustainable basis to promote integrated management of dryland forests through traditional andconventional management systems.
• (2) The Service and the Institute, in collaboration with county governments and private owners, shall upscale commercial andnon-commercial,agro-silvo-pastoralism,fruit andfodder trees in dryland areas.
• (3) TheService and the Institute shall promote sustainable harvesting andvalue addition of nonwood forestproductsderivedfrom trees andforests.
• (4) The Institute shall in collaboration with county governments and other relevant stakeholders establish technologiesfor tree improvement,non-timber value addition and introduction of highvalue species programme for the drylands.
• (5) The Cabinet Secretary, in consultation with the Directorate, shall prescribe guidelines,

Justification:

on a sustainable basis to promote integrated management of dryland forests through traditional and conventional management systems and that KFS and the Institute, in collaboration with county governments and private owners, shall upscale commercial and non-commercial, agro-silvo pastoralism, fruit and fodder trees in dryland areas.

CommitteeObservation/Resolution:

TheCommitteeagreed to theproposed amendmentbutwithfurtheramendments to ensure that the Service and the Institute collaboratewith not only the county governments and private owners but alsowith therelevant lead agencies in order to upscale commercial and non-commercial,agro-silvo-pastoralism,fruitandfodder trees indryland areas.

ClauseI3,FrameworkforthePaymentforEcosystemServicesSchemes

53A.

• (l) The Institute shall, in consultation with relevant stakeholders,establish a framework for the PaymentforEcosystemServicesSchemesinpublic,communityandprivateforests.
• (2) The Service and the Institute shall,every fiveyears,jointly undertake a total economic valuation of forest ecosystem goods and services and submit the report to the Cabinet Secretary.

• (3)TheServiceshallcoordinate theimplementationof thePaymentforEcosystemServices Schemes including the terms and conditions in standardized contracts,agreements and operationalmanuals.
• (4) The Institute shall develop operational guidelines to determine incentives for the ecosystem services.
• (5)TheCabinetSecretary in consultationwith theNational Treasury shall mainstream incentive mechanismsforPaymentforEcosystemServicesSchemes.

Committee Observation/Resolution:The Committee agreed to the proposed amendments.

Clause I4,Amendmentofsection55ofCap.385.

Section55of theprincipal Act is amended by deleting the words"week and International Day of Forests"and substituting therefor the following words"initiatives and other international forest events'".

Justification:

The amendment of section 55 of the Act seeks to expand its scope to provide beyond just the national tree planting days to other events in the conservation andpromotion of forestry inKenya hence it is now proposed to empower/ require the cabinet secretary to plan and execute programmes necessary forobserving thenational tree-planting initiatives and other international forestevents.

Committee Observation/ Resolution

The Committee agreed to the proposed amendmentbutwith further amendments to ensure that the Cabinet Secretaryplans and executes programmes for tree growing and not justtree planting.

Clause15,Amendmentofsection56ofCap.385.

15.Section56oftheprincipalActisamended—

• (a) in subsection (1), by inserting the words "public
• or"immediately afterthewords"invite the";
• and (b) in subsection (2), by inserting the following new paragraphs immediately after paragraph

(9)—

"(da) easement for public roads and other public installations;"

• "(db)wayleaves forpublicutilities."

Justification:

Theamendmenttosection56seekstoempowerKFStogranteasementsinpublicforestsonlyfor public roads and critical installations and wayleave for public utilities as well as wayleaves for public utilities.

Committee Observation/Resolution:

TheCommittee agreed to theproposed amendments.

Clause16,Amendmentofsection58ofCap.385.

Section58oftheprincipalActisamended—

• (l) in subsection (l), by deleting the word "Service" and substituting therefor the words "Cabinet Secretary";

• (2)adding the followingnewsubsection immediately after subsection(3)-(4)Aperson who contravenes the provisions ofthis section commits an offence and shall be liable,upon conviction,toafinenotexceedingfivehundredthousandorimprisonmentofatermnot exceedingoneyearortoboth.

Justification:

The amendmentto section58seeks to transfer,fromKFS to thecabinet secretary,thepower to Gazette a chain-of-custody system for the verification of the origin of forest products from public, community andprivate forests and the compliance.

Committee Observation/ Resolution:

The Committee agreed to the proposed amendments.

Clause 17,Amendment of section 6I of the Cap.385.

• (a) by renumbering the existing provision as subsection (l); and

Section 6l of theprincipal Actis amended—

• (b) by inserting the following new subsection immediately after subsection (l)—
• (c) A personwho exports or imports a forestproductprohibited for export or import under subsection(l)commitsanoffence and is liableon conviction toa fine not exceedingfive

Justification:

Section6lisproposed tobeamendedby introducingapenaltyfor theoffenceofexportingor

Clause I8,Amendmentof section64 of Cap.385.

Section 64 of the principal Act is amended—

• (a) in subsection (l)(a), by deleting the words "or remove any forest produce"and substituting from theforestowner';
• (b) in subsection (2), by deleting the words "one hundred thousand shillings or to imprisonment fora term not exceeding sixmonths,or toboth such fine and imprisonment"andsubstituting exceedingtwelvemonths,ortoboth.

Justification:

The amendmenttosection64seekstoprotectallforests,includingprivateforestsfromunlawful amendmentfurther seeks toenhance thepunishmentof theoffences under thatsection upfrom one hundred thousandshillingsor to imprisonmentfora termnot exceedingsixmonthsto exceeding onemillionorimprisonmentforatermnotexceedingtwelvemonths.

CommitteeObservation/Resolution

The Committee agreed to the proposed amendments but with further amendments to ensure that the transportation of forestproduce is not an offence under thisprovision as the same had already been provided for under the provisions on the chain of custody system.

Clause 19,Amendmentof section 67ofCap.385.

• (a) in subsection (l)(e), by deleting the words "national and county forests or" and substituting therefortheword"public";

Section 67of theprincipal Actis amended——

• (b) in subsection(2),by deleting the wordsone hundred thousand"and substituting therefor the words"two million or a jail term to not exceeding threeyears,or toboth";
• (c)by adding the following new subsection immediately after subsection(8)—(9) In addition to thepenalty prescribed under subsection(8),the court shall order the person to remove the exoticgeneticmaterial orinvasive plants,solid,toxic or any other wastes from theforest,at that person's cost."

Justification:

forests. It also seeks to enhance the penalty for the offence of importing, exporting, re-exporting or introducing any forestproductsintoor fromKenyawithout a permit.

CommitteeObservation/Resolution

The Committee agreed to theproposed amendments.

Clause 20,Amendmentofsection71 of theCap.385.

Section 7l of the principal Act is amended in subsection (l) by——

• (a)inserting the words"of the Institute"immediately after the word"Board";
• (n, d e i d m o s () forestcarbon,including the Reduced Emissions from Deforestation and Forest Degradation nesting."

Justification:

The cabinet secretary may, on recommendation of the respective Boards, make regulations for carryingintoeffecttheprovisionsofthisAct.

The cabinet secretary,in consultation with the relevant stakeholders, shall make Regulations for forestcarbon management.

Clause 21, Discoveries, inventions, etc.to vest in the Institute

Section 75 of the principal Act is amended by inserting the following new sections immediately after sections75-75A.

• (a) All rights in any discoveries, inventions, innovation, improvements and intellectual property rights in respect of processes,products,apparatus and machines made for or on behalf of the Institute shall vest in the Institute.
• (b) Without prejudice to the generality of subsection (l), the Institute and any other entity shall jointly own any discoveries, inventions, innovations, improvements and intellectual property rightspursuant to a fundingagreementbetween the Institute and any other entity.

Justification:

The proposed section 75A seeks to protect the rights of the Institute over discoveries, inventions, innovation, improvements and intellectual property rights of the Institute and vests the same in the improvements and intellectual propertyrights pursuant to a fundingagreementbetween theInstitute and any entity.

Committee Observation/ Resolution

The Committee agreed to the proposed amendments butwith further amendments to ensure that the Cabinet Secretary makesregulations on the framework

Clause 21,Discoveries,inventions,etc.to vest in the Institute

Section 75 of the principal Act is amended by inserting the following new sections immediately after sections75—75A.

• rights in respect of processes,products,apparatus and machines made for or on behalf of the Institute shall vest in theInstitute.
• jointly own any discoveries, inventions, innovations, improvements and intellectual property

Justification:

The proposed section 75A seeks to protect therightsof the Institute over discoveries,inventions, innovation,improvements and intellectual propertyrights of the Institute andvests the same in the Institute. The institute is also permitted to jointly own any discoveries,inventions, innovation, improvements and intellectual property rights pursuant to a funding agreement between theInstitute and any entity.

Committee Observation/ Resolution

The Committee agreed to the proposed amendments.

4.2MS.Lydia Nyawira Mburia

• 53.The Committee received a writtenmemorandum fromMs.Mburia on 22ndNovember 2025, followingthecall formemorandafrom thepublicthroughplacementofadvertsin theprintmedia on22ndNovember2025.Ms.Mburia submitted asfollows:

Clause3

54. Inclusion of the economicsof resources toensure resource efficiency in sustainablewater harvesting andmanagementfor tree growing in Arid and Semi-Arid Lands(ASALs) in collaboration with relevant lead agencies, especially in the water sector, environment, and the National Water Harvestingand Storage Authority

Justification:

Ensure seamless collective and collaborative concerted efforts in promoting sustainability management in resource efficiency, in sustainable water harvesting and management for tree growing ASALsincollaborationwithrelevantleadagencies.

Committee'sObservation/Recommendation

sustainable water harvesting and management for tree growing in Arid and Semi-Arid Lands (ASALs) is importantbutcannotbe a guidingprinciple under the Act.

Clause 9 proposes new Parts IllA, IlliB and IlliC to the Act.

56. Develop an elaborate electronic inventory of registered timber graders to enhance tracking and addressing of non-compliance at the 8 regions and 47 counties. 55. Proposes the establishment of the autonomous 8 regional Forest Regulatory Directorates and 47 county forestry.

Justification:

To enhance service delivery in the forestry sector to the citizenry of Kenya.This shall help in mapping untapped and underutilized as well as unutilized sustainable water harvesting and managementfortreegrowingASALsincollaborationwithrelevantleadagencies

To ensure sustainable tree harvesting and legal logging.

Committee'sObservation/Resolution

The Committee rejected the proposed amendment noting that Forest Regulatory Directorates cannotbe established in each county.

NewPartIllA

• 57.Proposesfast-trackingoftheestablishmentofenforcementacademiesinthe8regionsand47 counties, tailored to address diverse water harvesting and management technologies for tree growing in dryland areas and contexts.
• 58.Have8regional and 47countiesKenyaForestryResearch Institutewaterharvesting and management extensionofficerstoempowercommunitiesforsustainablewaterharvestingandmanagementfor treegrowingASALsincollaborationwithrelevantlead agencies.

Justification:

EnforcementAcademiestoassistininformationdissemination tocommunitieson sustainablewater

Enhanceservicedeliverycountrywideonmattersofextensioneducationtoempowercommunities for sustainable water harvesting and management for tree growing ASALs in collaboration with relevant lead agencies.

Committee Observation/Recommendation

The Committeerejected theproposed amendmentnoting thatenforcementacademies for uniformed anddisciplinedofficersof theServicecannotbe established in eachcounty.

Clause II (1)

• 59.Proposes that all drylandforestsshallbemanagedonasustainablebasisbylocal communitiesin the 47countiesto ensurefull ownershipandsustainabletreegrowingindryland areas asaprincipleto beobserved by allactors in theforestrysector.

Justification:

Upscale sustainability management,equitable access to tree resources as well as enhance resource efficiency in all tree growing in dryland areas as a principle to be observed by all actors in the forestry sector.

Committee Observation/Resolution

The Committee rejected the proposed amendment noting the importance of centralizing the

Clause Il (2)

• 60.Proposescollaborationwithrelevantlead agencies,especially inthewatersector,environment,and the National Water Harvesting and Storage Authority,in enhancing commercial and noncommercial,agro-silvo-pastoralism,fruit and fodder trees in dryland areas.

Justification:

Enhance modern ways of conserving commercial andnon-commercial,agro-silvo-pastoralism,fruit and fodder trees in dryland areas.

Committee Observation/Resolution

The Committee agreed to the proposed amendment noting the importance of collaboration with therelevant lead agencies in enhancingcommercial andnon-commercial,agro-silvopastoralism,fruitandfoddertrees indryland areas.

Clause II (3)

• 61.Proposes the developmentofan elaborateelectronicinventoryofsustainableharvesting andvalue addition of non-wood forestproducts derived from trees and forests to enhance tracking and addressingof non-complianceat the8regions and47counties.

Justification:

To ensure sustainable tree harvesting and legal logging.

Committee'sObservation/Recommendation

The Committee rejected the proposed amendmentnoting thattheActalready provides for a chain of custody system.

CHAPTERFOUR

4.OPUBLICHEARINGSINTHECOUNTIES

4.1Background Information

• 62.InaccordancewithArticle1l8(b)of theConstitution andStandingOrder127(3)of theNational AssemblyStandingOrders,theCommittee,vide anadvertisementdated10tApril2026,invitedthe publictosubmit theirviewsthroughpublichearings tobeconducted intwelve(l2) counties.
• 63.The twelve (12) counties were Isiolo County, Nyeri County, Embu County, Makueni County, Machakos County, Kilifi County, Kwale County, Kisumu County, Kakamega County, Kericho County,Uasin Gishu County,andNakuru County.

4.2PublicHearingatthe Counties

• 64.During the public hearings exercise,members of the public were informed of the contents of the Bill andwereallowedtomakeoralorwrittensubmissionsthereon.Theirsubmissionswereasfollows:

4.2.1 Isiolo County

65. The public hearing exercise was held at the Catholic Diocese Hall on Monday, 20 April 2026, between 9.00 a.m.and 12.00 noon.

Figure I:Publichearingexercise in Isiolo County

66.Theparticipantsmadethefollowingsubmissions:

• i) Reconsider the proposed increase in penalties to ensure a balance between forest use and forest protection.

2. ili They noted that invasive species such as Mathenge are causing significant harm,including depletion of water in wetlands and drying up rivers, causing livestock to lose teeth when consumed,and injuringresidents through their thorns.

• i) Enhance collaboration between the Kenya Forest Service (KFS) and the Kenya Forest Research Institute (KEFRl) in identifying tree species suitable for different parts of Kenya, noting that the majorityof trees currentlyplanted in IsioloCounty do notsurvive.

• iv) Forests in Isiolo County face multiple challenges,including charcoal burning,deforestation due to lack of fencing, and invasion by Juliflora Prosopis (Mathenge). Consequently,KFS and KEFRl shouldprovideguidanceonhowtocontrol thespreadof these effects.
• and importation ofpotentiallyinvasive tree species.
• vi) The Bill strongly promotes agroforestry,noting that Isiolo County and other Arid and SemiArid Lands(AsAL) counties stand tobenefit from the planting of fruit trees such as mangoes and dates.
• vii) They expressed supportforthe Bill'sfocus on establishing andprotecting dryland forests,and welcomed the inclusion of forests in carbon projects as a timely and important provision.
• vii) TheGovernmentand local communitiesshouldpromotethegrowingofappropriate tree species in drylands and ASALs,including AcaciaSenegal,Acacia tortilis,and date palms.

4.2.2 Nyeri County

• 67.The public hearing exercise was held at theYMCA Social Hall, Nyeri Town, on Monday,20th April 2026,between2.00pm and5.00pm.
• 68.The meeting was attended by members of Community Forest Associations (CFAs),National GovernmentAdministrative Officers(NGAO),theStateDepartmentforForestry,theKenyaForest Service (KFS), and the Kenya Forestry Research Institute (KEFRl).

69. The majority of participants supported the Bill and made the following submissions:

• i) Thataminimumdistancefortreeplantingnearsharedboundariesbeintroducedtoreduce conflictsbetweenneighborsarisingfrom treeshedding androotspread.
• i) ThatKFS andKEFRl develop a technical guidance framework toregulate tree planting along sharedboundariesinordertominimizedisputesbetweenneighbors.
• ii) Thatprovisionsbeamendedtoensurethatanymoratoriumonloggingisimplemented procedurally and through due process,rather than through political declaration,so as to protect investors in the forestsectorfrom undue losses.
• iv) That timber imports be regulated to enforce quality control standards, thereby reducing

Figure 2: Public hearing exercise in Nyeri County

• Thatparticipants supported provisions enhancing the role of local communities in forest conservation,including thePaymentforEcosystemServices(PEs) model,which ensures that neighbouring communities benefit from forest protection.
• vi) Thatthere ispotentialoverlapofmandatebetweenKFSand theproposedOfficeof the Director of Forest Regulation, particularly in licensing and enforcement functions under the ForestConservationandManagementAct.
• vii) measuretostrengthenforestprotection.
• viii) Those provisions allowing private investors to be contracted for establishment of commercial plantations will ensure a continuous supply of timber and reduce reliance on timber imports.
• ix) That the proposal to establish a Kenya Forest Academy, instead of strengthening the existing Kenya Forestry College, may result in duplication of mandate, increased operational costs, andgovernancechallenges.

70.Theparticipantsproposed thefollowingamendment:

• a)Introductionofaminimumdistancerequirementfor treeplantingnearsharedboundariesto reduce conflicts between neighbours arisingfrom tree shedding androot spread.

4.2.3EmbuCounty

71. The public hearing exercise was held at the Embu Community Social Hall, Embu Town, on Tuesday, 21" April 2026,between 11.00 am and 1.00pm. 2. 72.Theparticipantsmadethefollowingsubmissions: 3. The Bill is commended for itsrole in enhancingforestconservation,management,and the protection of riparian areas andwetlands.

• i) They calledfor theinvolvementofgrassrootsresidents and CommunityForestAssociations (CFAs) in tree-growing activities to enhance survival rates and ensure successful afforestation and reforestation programmes.

5. ili)TheyrecommendedthatCFAsbeincludedinPaymentforEcosystemServices(PES) schemes to ensurecommunitiesbenefitfrom theirconservationefforts. 6. iv) They proposed community and CFA participation in tree harvesting activities and further requested thatCFAsbe allocated asharein thetenderingprocess.

Figure4:PublichearingexerciseinEmbuCounty

• Theysupported the strengtheningofpenaltiesfor forest-relatedoffencesasa deterrentand welcomed theestablishmentof theOfficeof theDirectorofForestRegulation.
• vii)They supported the establishmentofdrylandforests,particularly tobenefitArid andSemiArid Lands (ASALs) such as the Mbeere region in Embu County.
• vi) They encouraged awhole-of-government approach in the implementation of the National Tree GrowingProgramme.
• vili) They called for enhanced research on tree species to ensure the availability of suitable seedlingsforASALconditions.
• ix) They noted that the Bill's provisions on water harvesting technologies would benefit communities inMbeere and otherASALregions.
• andfurtherrecommended decentralization ofthe Institute through the establishmentof county-leveloffices.
• xi) They supported increased community involvement, promotion of agroforestry in gazetted forests, training of local communities, and measures to enhance national tree cover.
• xi) They supported the recognition of dryland forests and the establishment of Payment for EcosystemServices askeyprovisions of theBill.

4.2.4 Makueni County

74. The public hearing exercise was held at Wote Greens Park, Wote Town, on Wednesday, 22nd April 2026,between 10:30a.m.and 12:30 p.m.The participants submitted as follows:

Figure 4:Publichearingexercise inMakueni County

Mr.James Omambia and Joseph Munyao -County of Makueni Representatives

• 73.The proposed amendment appears to clawback the gains made under devolution,especially in relation to forest functions.Gazette NoticeVolume 219, issuedon 16thDecember2024by the Intergovernmental Relations Committee,clarified the functions ofnational governmentinstitutions and county governments. Specifically, there are about 2l devolved forest functions, one of which is agroforestry.

74. The submission specifically addressed the proposed amendment under Section 5 of the Bill, which seeks to expand themandate of theKenya ForestService(KFS) toprovide technical assistance to

• community land.
• key constitutional and governance concerns regarding the distribution of functions between the national andcountygovernments.
• 76.Under theForest Conservation andManagementAct,20l6,County Governments aremandated to promote afforestation and provide advisory support to communities and individuals on the managementofprivateandcommunityforests.TheKenyaForestService(KFS),on theotherhand, 2010.

77. The proposed amendment introduces a shift from this framework by granting KFS a direct and community land fall within devolved functions such as agriculture,land-use planning, and natural resourcemanagement.

• 78.Further,the amendment establishes parallel lines of authority,where both KFS and County Governments may directly engage the same land users. This is likely to result in policy inconsistencies, operational conflicts, and confusion among farmers and community land managers.
• 79.There is also arisk thatthe amendmentmayweakencounty autonomyby allowingdirectengagement between KFS and private landowners or community institutions, thereby undermining the role of county governments as primary implementers of devolved functions. Agroforestry is a cross-sectoral area that intersects forestry, agriculture,and land-use planning. As such,any expansion of national governmentroles in this areamust be carefully designed to avoid encroachment on devolved functionsandtomaintainclearinstitutionalboundaries.
• 80.In light of the above,they recommended that:
• i) TheBillexplicitlyaffirms theroleofCountyGovernmentsastheprimaryauthoritiesin agroforestry and management of private and community forests.
• i) Section 5of theAmendment Bill berevised to retain the principle that KFS provides technical assistance only uponrequest by County Governments.
• ii) A clear intergovernmental coordination framework be established to guide collaboration betweenKFSandCountyGovernments.
• iv) undertaken through,or in consultationwith,therespective County Governments.
• 81.TheparticipantsfurtherrecommendedtheestablishmentofprotocolstoguidethePaymentfor Ecosystem Services (PES)programme,including clear provisions on how communities and CommunityForestAssociations(CFAs)willbenefit.
• 82.TheparticipantsproposedamendmentstotheBill asfollows:
• a)AmendSection7Iof theActtoprovidefor theCabinetSecretary toestablishPaymentfor EcosystemServicesregulations.

• b)ReviseSection5oftheAmendmentBill toretain theprinciple thatKFSprovides technical assistanceonlyuponrequestbyCountyGovernments.

4.2.5MachakosCounty

• 83.Thepublichearingexercisewasheld attheCatholicDioceseHall onWednesday,22ndApril 2026, from 2.00 p.m. to 4.00 p.m.
• 84.Theparticipants submitted asfollows:
• i That timber grading be clearly defined in the Bill,including clarification on whether noncomplianceconstitutesanoffence.
• ii) They decried the confusion and harassment by county government officers, Kenya Forest Service officers, and police officers arising from the lack of clear charcoal selling and transport licensing guidelines.They recommended the establishment of Charcoal Regulations toprovide clarity on offences, promote fair trade in charcoal, and guide the entire charcoal selling and transport licensing process.
• ii) They supported the provisions on agroforestry,establishment of dryland forests,and support for water harvesting technologies, noting that these provisions would benefit over 80 per centoftheASALregionsinKenya.
• They called upon the Kenya ForestryResearch Institute and Kenya ForestService to offer
• iv) They supported the Bill's promotion of water harvesting technologies,which would benefit both individual farmers and communities engaged in agroforestry and tree-growing initiatives.
• vi They supported the anchoring of Kenya Forestry Research Institute in the Forest Conservation and Management Act(FCMA) and called for closer collaboration between Kenya ForestService,Kenya ForestryResearch Institute,and universities to equip graduates with knowledge in forest conservation,management,and protection.
• vii) They supported the provisions for the establishmentof dryland forests and recommended theformation of DrylandForestAssociations tosupportconservation effortsin dryland areas.

Figure5:PublichearingexerciseinMachakosCounty

The National Alliance of Community ForestAssociations(NAcOFA)

• 85.TheNational Allianceof CommunityForestAssociations(NACOFA) is the national consortium and representativeofall CommunityForestAssociationsinKenya.In thiscapacity,NACOFArepresents itsCFAsinpublicparticipation exercises and advocatesforimproved jointforestmanagementwith proper participationof CFAs.They submitted asfollows:

• 86.The Alliance held a workshop at Naivasha from 6th to 8th April, 2025 with Community Forest Associations (CFAs) from many parts of the country to generate comments on the FMA currently underreview.
• 87.That,CommunityForestAssociationsarethelegalrepresentativesofforestadjacentcommunities and are entrenched in the Constitution of Kenya,2010.

88. Full compliance to section 9(1)(g) when nominating members to the KFS Board, the law should be clearlyobserved,especially in thenominationof CFArepresentation.

• 89.ExplicitlystatewhethertheFirst,Second,andThird schedulesinthePrincipal Acthave effectively beenrepealed,overriddenorshallcoexistwiththenewonesintheAmendment.
• 90.Theyproposed thefollowingamendments:
• a)Community Forest Associations are the legal representatives of forest adjacent communities and are entrenched in the Constitution ofKenya,2010.

Justification

The Legislation should revert to theForests Act,2005,section 13(4)(e)which suggests that"four persons knowledgeable in forestry matters nominated by forest associations operating in the conservancy area in consultation with the conservancy committees, at least one of whom shall be a woman and one shall be a youth."Forest conservation areas are huge often traversing counties, havingoneCFArepresentativesperconservation area isanunderrepresentation.Havingtheforest associations nominate their own representatives alsorelieves theKFsBoard ofanypotential conflicts of interest that might occur in the nomination process.

CommitteeObservation/Recommendation

• b)Amend Section27(2)of theFCMA tohave theForestConservation and Management TrustFund to cater for an insurance policy to cover for injury on community scouts who work closely with illegal activities going on the forest. Also, the fund can support training CFAs and community scoutsonfirefightingskills

Justification

CFA members and Community scouts are exposed to a lot of danger when they accompany foresters and rangers inforestprotection duties in the forest.While government officers have an insurance cover, CFAs and Community scouts go bac to their families to take care of their medical expenses.

Definition

• 91.Provide a definition for"bufferzones"as used inclause10 that seeks to amend section 42of the Principal Act.

Justification:

Buffer zone is anew term that does not appear in thePrincipal Act and isnot defined in the Amendment.Itsmeaning asintended in theAct andrelated legislation shouldbedefined.

Committee'sObservation/Recommendation

TheCommittee agreed to theproposed amendment.

Definition

92. Remove "conservation secretary."

Justification:

Whenreferencingministerial/sectoral titles,consider using terminologies that exist inperpetuity and arerecognized by theConstitution of Kenya

Committee'sObservation/Recommendation

The Committee rejected the proposed amendment as the term has not been used in the Bill.

Clause 7,AmendmentofSection 16ofNo.34of2016.

• 93.There is aneed to add theword"in consultationwith the CS for internal security"between thewords 'service' and'may'.

Justification:

The Cabinet Secretary and Service should always consult the CS in charge of Internal Security wheneverhe/she is designatinguniformed anddisciplinedofficersif they aregoing tobe armed.

Committee'sObservation/Recommendation

TheCommittee agreed to theproposed amendmentso as to ensure thatuniformed and disciplined officers are designated by the CabinetSecretaryfor internal affairs and nottheCabinetSecretaryresponsiblefor forestrymatters.

Clause 8,FunctionsoftheService

• 94.Amend thePrincipal Acttoadd an additional functionof theService(h)
• h)Leveraging information and technology,such as satellite monitoring,mobile apps for community reporting, and digital platforms to conserve and manage all public forests in accordancewiththeprovisionsofthisAct.

Justification:

TheService shouldbecompelled toadoptnewtechnologies in themanagementof forests.

Committee'sObservation/Recommendation

TheCommitteerejectedtheproposedamendmentas theServiceunder theActis required to use information and technology to help in the management of public forests.

Clause 8,Functions oftheService

• 95.Amend thePrincipal Acttoadd anadditionalfunctionof theService(i)
• i)Developpolicies andguidelines thatgovernhowindividual REDD+projects or activities at smaller scales(like community or site-specific initiatives) are integrated,or"nested,"into largerscalejurisdictionalornational REDD+programs.

Justification:

There is need to add Nesting Regulations within the context of Kenya's national REDD+ registry These regulations are critical for ensuring consistency,transparency,and environmental integrity across different levelsof forest conservation efforts.Kenya is developing Africa's first national REDD+ registry and the nesting regulations will specify how project-level REDD+ efforts integrate into the national registry.

Committee'sObservation/Recommendation

The Committee rejected theproposed amendmentas theAct and Regulations already provide for the integration of communities into the management of forests including through community forest associations

PARTIIIA-THEFORESTREGULATORYDIRECTORATE

Clause 29B(o),Functionsof the Directorate

• 96.Considerreplacing theword'principal secretary'withCabinetsecretary.

Justification:

Use the utmost authority to give additional or incidental functions and ensure consistency in functions throughout the document.

Committee'sObservation/Resolution

The Committee rejected the proposed amendment noting that the composition of the Board isguided by theState CorporationsAct,Cap 446 and theCabinetSecretary appoints independentmembers of theBoard.

PARTIIIB-FORESTLAWENFORCEMENTACADEMY

Clause29F,Establishmentof theKenyaForestLawand EnforcementAcademy.

• 97.Strengthen the already existing Kenya Forestry College, as established in Section I7 of the FCMA, 2016,rather than establishing a new institution.

Justification:

Establishingnumerous institutions shall make itdifficult toallocateresources,govern,and manage them. Integrate all training institutions to streamline management.

Committee'sObservation/Resolution

The Committee agreed to the proposed amendment.

PARTIIIC-KENYAFORESTRYRESEARCHINSTITUTE

Clause 29l(i),Functions of the Institute.

• 98.Explicitlymention thatKEFRl shallconductresearch,developmodelsandproceduresforforest carbon estimation and quantification in collaborationwithNEMA.

Justification:

NEMA is the lead agency and Designated National Authority (DNA) in the Carbon trade and practice.

Committee'sObservation/Resolution

The Committee rejected the proposed amendment as the same is already provided for in the Bill.

Clause 29l(v),Functions of the Institute.

99. Rather than establishing a new Forestry research institute, work with already existing universities and institutions on trainingforestry experts.

Justification:

Duplication of duties and functionswill be counterproductive.

Committee's Observation/Resolution

The Committee rejected the proposed amendment noting that the Institute already exists.

Clause29l,FunctionsoftheInstitute.

100. Add function (y), Integrate indigenous knowledge by collaborating with local communities to document traditional forest management practices, incorporating this expertise into scientific studies,and applying it to develop sustainable conservation strategies that respect cultural values andenhanceecologicaloutcomes.

Justification:

insight and information on local species, ecosystem indicators and the value of medicinal plants.

Committee'sObservation/Resolution

The Committeerejected theproposed amendmentas amechanism for collaboration with local communitiesis alreadyprovidedfor usingthe communityforestassociations.

Clause29J,BoardoftheInstitute.

Justification:

Thisshould bereflected inforest-related institutes to ensure communities areintegrated in all levels ofmanagement.

Committee'sObservation/Recommendation

The Committee agreed to the proposed amendment.

Clause I4, National tree planting initiatives and events.

102. Revise"tree planting initiatives"to"tree growing initiatives".

103. The Service should plan and implement tree growing initiatives and not the Cabinet Secretary Justification:

Trees are not just planted and left alone,but rather grown and taken care of to ensure maturity.

TheKenyaForestServiceisthelegallymandated agencyforforestconservation andrestoration.

Committee'sObservation/Resolution

The Committee agreed to the proposed amendments.

Clause 13(56),Amendment of section 64 of No.34 of 2016.-Offences and Penalties

104.Privateforestsshouldbe excludedfrom thejurisdictionof theServiceunlesstheyareregistered.

• 105.Compel KFS to only approve easements once the ESiA has gone through the necessary procedures,

Justification:

KFS only has jurisdiction over public and provisional forests.Mentionedviolations on private forests shouldbereferredtotheNationalPoliceService.

This shall ensure strict observance to theprocedures as set in the FCMA,2016

Committee's Observation/Resolution

The Committee agreed to the proposed amendments.

Clause 20 (53A)I, Establishment of protocols of Payment for Ecosystem Services schemes.

106. Revise"private forest""to"provisional forest."

Justification:

privateforestsormembersofregisteredprivateforestowners'groups/associations.KFShasno jurisdictionoverprivateforests.

Committee'sObservation/Resolution

The Committee rejected the proposed amendments noting that the Institute, in consultationwiththerelevantstakeholders,isrequiredtoestablishaframeworkfor thePaymentforEcosystemServicesschemes.

Clause 20 (53A), Establishment of protocols of Payment for Ecosystem Services schemes.

• 107.Establishanawardsystemforindividualsandorganizationswhoaredoingexemplaryworkinthe greening initiative.

Justification:

Incentivesforgoodeffortsin thegreeningofforestsandurbanspacesshouldberewardedto encouragemoreefforts.

Committee'sObservation/Resolution

The Committee agreed to the proposed amendment noting that the Bill requires the CabinetSecretary to develop regulations on the frameworkfor the paymentof PEss.

4.2.6 Kilifi County

• 108.The publichearing exercisewas held at the CatholicInstitute Hall,Malindi Town,onThursday,23rd April2026,between12.00pm and2.00pm.

Figure 6:Public hearing exercise in Kilifi County

109.The participant submitted as follows:

• i) The proposed amendments will enhanceKFS's mandate,thus improving forestconservation, management, and protection. However, there is forest degradation in Kaya, community forests such as Mwangea Hills andShakahola forests,which are not under thepurviewof KFs.

2. The establishmentofPaymentfor EcosystemServices (PES)will benefit the local community andtheCommunityForestAssociations. 3. i Forest Academy. 4. i ThereisapossibleoverlapofmandatebetweenKFS,theOfficeoftheDirectorofthe RegulatorofForests,and theCountygovernments. 5. iv)They expressedconcernswithClauseI5,providingforeasementforpublicroads andother public installations,way leaves for public utilities, and proposed that the requirement should be to conduct an ElA before approval. 6. That themajorityof factoriesinKilifi Countyusewoodsourced from communityforests and individual farmers,resultingin extensive destruction.Thus,regulations should be developed compelling the factories to establish commercial forests to reduce reliance on the community forests. 7. vi)Thereisaneed todevelopaclearconflictresolutionmechanismbetweenKFS and theOffice oftheDirectorofForestRegulation. 8. vii)Thefeescharged toCFAsforestablishingecotourismprojectsshouldbewaived,since they are key stakeholders in conserving,restoring, and protecting the gazette and community forests.

• vii) Harassment by county government enforcement officers, KFS officers, and police officers is rampant and should be addressed.
• ix)KFS,KEFRl,andothergovernmentagencies should supportCFA's todevelop their capacity to attract grants and access international funding.
• x) Enhancementofpenaltiesforprohibited activitiesin forestsdetersforest-related crimes and enhancestheprotectionoftheforests.
• 110.Theparticipantsproposed amendments to the Bill as follows:
• i)Amend Section7lof theActtoprovide for theCabinetSecretary to establishPaymentfor EcosystemServicesregulations.They recommended provisions for the rights and benefits of theCFA'sandthelocalcommunities
• i)Amend Section 7l of the Act to provide for the Cabinet Secretary to establish charcoal regulations to govern charcoal burning on private, community, and trust land.

4.2.7 Kwale County

111. The public hearing exercise was held at the Msambweni Opportunity, Msambweni, on Friday, 24h April2026,between10.30amand12.30pm. 2. 112.The participant submitted as follows: 3. i)Enhancementofpenalties forprohibited activities in forests todeterforest-relatedcrimes andtoenhanceprotectionoftheforests. 4. i)AnchoringKEFRl in the Forest Management and Conservation Act will strengthen it and enable it to undertake forestry research,which will support the national tree-growing program. 5. ili)The Office of theDirector of ForestRegulationwill enhance forestprotection,conservation, andmanagement.Itwill also address concerns by the citizens,CFAs,andprivate investors if notaddressedbytheKFSorKEFRl. 6. iv)There is a need to enhance public sensitization on forest conservation, management, and rehabilitation.

Figure:PublichearingexerciseinKwaleCounty

4.2.8 Kisumu County

• 113.Thepublichearing exercisewas held atthe TomMboya Labour College,Kisumu City onMonday,

20hApril2026between8.00amand12noon.

Figure8:PublichearingexerciseinKisumuCounty

114.Theparticipantssubmittedasfollows:

• i) ClauseI0of theBill,underPartllA,proposedsection29B(d),seekstoempower theOffice of the Director ofForestRegulation to develop and advise the Ministry on certification standards for tree nurseries,forests, and forest products in consultation with lead agencies. Concerns were raised that this creates an overlap in mandate between the Kenya Forest Service (KFS) and the Office of the Director of Forest Regulation,potentially limiting the mandate of KFS and creating conflictwith the Chief Conservator of Forests.

2. ili)Under proposed section 29G(l),which provides thatthe headquarters of the Institute shall be in Kiambu County, a proposal was made to move the headquarters of KEFRl to Turkana. This proposal was rejected because the headquarters are already established in Kiambu County,with additional regional offices located invarious counties. 3. ii) Regarding the same proposed section 29B(d), a proposal was made to remove the advisory primary function of the Director is to advise the Ministry. 4. iv) Clause 10 also introduces proposed section 29H(2)(i),which mandates the Institute to develop certification standards for tree seedsin collaborationwith theKenyaPlantHealth Inspectorate Service.A proposal was made to insert the words"and seedlings"after"tree seeds," noting that the quality of trees cannot be ascertained without considering seedlings. This proposal was accepted. 5. Under proposed section 29T, the Bill provides for the appointment of a Corporation Secretaryby theBoardoftheInstitute,subjectto terms determined by theBoardon the advice oftheSalaries and RemunerationCommission.ltfurtherprovides thataperson A proposal was made to delete the provision on the Corporation Secretary, arguing that the matter should instead behandled through HumanResourcepolicies similar to thoseof the KFSBoard. 6. vi)Underproposed section29U,theBill empowers theBoard of the Institute to appointofficers, employees,agents,and other staff necessary for the efficient discharge of the Institute's functions,determine theirtermsof service inconsultationwith theSalariesandRemuneration Commission,delegatepowers,protectstaff frompersonal liabilityfor actsdoneingoodfaith, andapply theEmploymentAct andPublicOfficersEthicsActtostaffmembers.Aproposal wasmade thatthe numberofofficers and staffbe capped or a ceilingbeset.Thiswasrejected

• onthegroundsthatstaffnumbersshouldinsteadbeaddressedthroughHumanResource policies.
• vii)ClauseI3introducesproposedsection53AonPaymentforEcosystemServicesSchemes (PESS).The Bill provides that the Institute,in consultation with relevant stakeholders,shall theService andtheInstituteto jointlyundertake a totaleconomicvaluationofforest ecosystem goods and services every five years and submit a report to the CabinetSecretary. TheService isto coordinate implementationof PESS,while theInstitute develops operational guidelines for incentives, and the Cabinet Secretary,in consultation with the National Treasury,mainstreams incentive mechanisms. It was observed that the Act is not clear on how incentives will benefit communities, and it was noted that the specifics of benefit sharing andPESSshouldbeclarifiedinregulations.
• vii)ClauseI9 concerns offencesrelated to charcoalpossession and forestprotection.The principal Act currently criminalizes making or possessing charcoal in national, county, provisional,community,or private forests and farmlands without the required licence or owner'spermit,punishablebyafinenotexceedingfiftythousand shillings,imprisonmentnot exceeding six months, or both. The proposed amendment to section 67 seeks to replace the thousand shillings to two million shillings or imprisonment for up to three years, or both, and introduce a newsubsectionrequiring offenders toremove exoticgeneticmaterial,invasive plants,solid waste,toxicwaste,or any otherwaste from forests at their wn cost.Concerns a permit,on thegrounds that manylocalsrely on charcoal as a source of income.However, this proposal wasrejected,as the enhancedpenaltiesareintended topromote forest conservationanddeterdeforestation.
• ix) Under the general proposals, it was recommended that youths with disabilities be included in

4.2.9 9KakamegaCounty

• 115.ThepublichearingexercisewasheldattheMagharibi Hall,KakamegaTown,onTuesday,2IsApril 2026,between 11.30 am and 1.30pm.
• 116.Theparticipantssubmittedasfollows:

Figure9:PublichearingexerciseinKakamegaCounty

• i) Clause 7:UnderSection 17of theprincipal Act,theKenya ForestryCollege is already established to provide forestry education,vocational and technical training in forest conservation,sustainable forest management,and protection of forests and related natural resources. It also develops certificate and diploma programmes and stakeholders of theService,with theBoardresponsible for policy formulation.Itwasobserved that the proposed Academyoverlaps with themandate of the Kenya Forestry College under Section I7. lt was furtherproposed that the Academy should develop a curriculum aimed at improvingofficers'relationswith local communities.

2. ii) Clause Io -Part IllA:Several proposals were raised regarding the new institutional framework.ltwas noted that theBill doesnotprovidequalificationsforthe Directorof Forest Regulation,and it was recommended that the Director should be a qualified professional registered in forestry.This proposal was accepted asvalid and recommended forinclusion in the amendmentBill.Concernwasraisedover thecreationof theofficeof the Director of Forest Regulation, citing a likely conflict of mandate with the Chief Conservator ofForests intheKenya ForestService.Itwas also proposed thatthe headquarters of the institution shouldnot be located inKiambu,reflecting concernsraised byparticipantsover thechoiceof location.Aproposal wasmadefor the deletion of the addressed through human resource policies,similar to theKenya ForestService Board. This proposal was accepted. Another proposal sought to cap the number of officers and staff of the Institute,but this was rejected on thebasis thatstaffing levels should be addressedthroughHRpolicies. 3. ii Clause 13:In relation to the proposed Section 53A,it was observed that the Act is unclear on howincentives would benefit CommunityForest Associations.Similar concernswereraisedregardinghowCommunityForestAssociationswouldbenefitfrom carbon markets. It was recommended that the specifics of benefit sharing and Payment forEcosystemServices (PEs) should be clarified throughregulations. 4. iv beyond planting and include nurturing the trees after planting.It was also emphasized that there is need for continued engagement of citizenswho participate in planting exercises. Itwasrecommended thattheinitiativesshouldprovidefacilitation andsupportfortrees plantedbycommunities. 5. M Clause 19:Proposed amendments to Section 67 generated several views.Aproposal was made for deletion of the offence of charcoal burning without a permit, arguing that communities that plant trees should also be allowed to produce charcoal. This proposal wasrejected because thepenalties areintended topromote forestconservation and deter deforestation.Concerns were raised regarding the offence of removal of exotic genetic as the government could benefit from domesticating such species. lt was also argued that the proposed penalties were too high and that the Bill should provide for the adoption of alternative disputeresolution mechanisms. 6. vi) General Proposals:lt was proposed that youth should be included in innovation programmes under KEFRl so that they can benefit from profits derived from such initiatives.Itwas alsoproposed thatyouthwithdisabilitiesshouldbeconsidered inBoard appointments in bothKEFRI andKFS.Further,it was recommended that during public

participation,sensitization materials in Braille should be made available for blind persons with disabilities.

4.2.l0KerichoCounty

117.The public hearingwas held at the ACK Church Hall in Kericho Town on Wednesday,22nd April 2026, between 11.00 pm and 1.00 pm.

FigureIO:PublichearingexerciseinKerichoCounty

118.The participants submitted as follows:

• i) Clause 7 of the Bill, which proposes Section I7A on the Kenya Forest Academy, attracted concerns from stakeholdersregarding the proposal tointroduce uniformed or disciplined forces within theKenya ForestService(KFS).Itwas argued thatKFS officers should not be militarized, noting that communities may lose trust in the Service if officers are turned into a disciplined force. Similarly, it was proposed that Section 17A(2), which provides for uniformedofficersoftheService,beomitted.
• i) Clause 8, particularly paragraph (c) on the provision of technical assistance, also raised concerns.ltwas stated thatKFSshouldremain only in an advisory capacitywhen dealing withprivate landowners,emphasizing theneedtorespect the independenceofprivate land and property rights.

3. ii) Clause10,which introducesPartIllA,received several submissions.Itwas argued that the establishment of the Office of the Director under Section 29A is unnecessary, duplicates existing roles, and that KFS can already perform those functions. Further comments on Clause 29G(l) and (2) proposed that the headquarters be located in Kericho or Londiani and suggested that,instead of creating new structures, the government should utilize existing innovation hubs. 4. iv) On the composition of the Board under Clause 29l,itwas argued that theBoard isheavily politicized and concerns were raised over appointments. It was recommended that there be greater local leadership representation and that Community Forest Associations (CFAs) should have a seat on the KEFRI Board. It was also proposed that sawmillers be included in the KFS Board. Further recommendations suggested that the Principal Secretaryfor Landsshould alsobeincorporated into theBoard. 5. Clause29O(e),whichdealswiththepowersof theBoard,wascriticized asbeingtoo ambiguous and open to abuse. It was proposed that the clause be deleted entirely. 6. Clause 14, concerning the National Tree Planting Week,also received comments. Opposition was raised to the removal of the"week of the International Day of Forests,

• notingthattreeplantingweekofteninterfereswithschoolactivitiesandshouldinstead be aligned with the school calendar.lt was noted,however,that observance of such clausewouldnot necessarily meanKenya ceases to observe them.
• vii) Clause I6 on chain-of-custody systems for forest products was discussed.It was argued that there was no need to remove the mandate from KFS and give it to the Cabinet Secretary. In response, it was clarified that the Cabinet Secretary's role is only in gazettement,since only theCS has the authoritytogazette,while theoperational mandate remainswith KFS.
• vili) Clause 19,which provides for offences andpenalties,generated significant concern.ltwas stated that the proposed penalties are too punitive and that the increase toKshs.2 million is excessive and should be reduced.Similar concerns were raised that the Kshs.2 million penalty is too high.It was further proposed that livestock grazing should be allowed in forests and that trees draining river flow should be removed.
• ix) os pe s sm 'ssood a ui mitigation efforts.Criticism was also raisedregardingKFS management,noting that trees resultinginpoor timber quality.
• Concern was raised over the lack of representation of Persons with Disabilities(PWD), noting that theKEFRI Board doesnot include anyPWWDmembers.It was alsoproposed that tree planting should be incorporated into affordable housing projects and all public institutions.
• xi) Itwas proposed that Londiani College should introduce a newcurriculum on sawmill operations. It was also recommended that KFS establish a dedicated wing for enterprise development.

4.2.ll Uasin Gishu County

• 119.The publichearingexercisewasheld at the CountyHall,Uasin Gishu,onThursday,23rdApril 2026, between9.30pm and 12.30pm.

Figure Il:PublichearinginUasin Gishu County

120.Theparticipantssubmitted asfollows:

• i) UnderClauseI0,PartllA,the introductionofproposedSection29Areceived support from stakeholders,who noted that establishing the Office of the Director ofForest Regulation wouldbenefitcommunities byprovidingoversightover theKenya Forest

• Service(KFS) and addressing complaints against it.Others also supported theproposal, emphasizing that itwould ensure the separation ofmandates.Additionally,under proposed Section 29l on Board Composition,it was recommended that forest communitiesshouldhaverepresentationon theBoard.
• i) Under Clause I2,the proposed Section 43A was supported by stakeholders,who stressed the need topromote dryland forests,encouragewater harvesting technologies, andincorporate traditional conservationmethodswithinKFSoperations.
• iii) Clause 13introduced theproposedSection53A,whichseeksto establish a framework for Payment for Ecosystem Services Schemes(PESS) in public,community,and private forests. The provision alsorequires periodiceconomicvaluation of forest ecosystem goods and services, coordination of implementation by the Service,development of operational guidelines by the Institute, and mainstreaming of incentive mechanisms by the Cabinet Secretary in consultation with the National Treasury.Stakeholders supported the proposal but cautioned that the framework should not only benefit elites. Others emphasized the need for transparency and fair compensation for local communities.
• iv) Under Clause14,which introducesSection55onNational TreePlantingWeek,the CabinetSecretarywouldberequired toplan and executeprogrammes forobserving National Tree PlantingWeek and the International Day of Forests.lt was further proposed that youth who raise awareness on environmental management should be recognizedasenvironmentalchampions.
• Clause 19 proposes amendments to Section 67 relating to offences concerning charcoal possession and forest protection.The amendments seek to replace the wordsnational thousand shillings to two million shillings or imprisonment for up to three years, or both, and introduce a new subsectionrequiring offenders toremove exotic genetic material, invasive plants, or toxic and other waste from forests at their own cost. Stakeholders Act.
• vi General proposalswere also submitted.Concernswere raised about thelack of job opportunitiesforpersonswithdisabilities(PWDs),withcallsforinclusionofPWDsand the deaf community in decision-making processes. It was further proposed that resources shouldbeallocatedforpruningoftrees.

4.2.12NakuruCounty

• April 2026,from9.00 a.m.to12.30 p.m.

122.Participantsmade thefollowingsubmissions:

• i) Clause5-Section 8:Functions ofKFs-Itwas proposed that anew functionbe introduced under paragraph (nd) requiring the Kenya Forest Service (KFS) to prevent and

2. ii) Clause 7-Section I7A:Kenya Forest Academy -Opposition was raised to the establishment of theKenya ForestAcademy on the basis thatcurrentgovernmentpolicy seeks toreduce thenumberofpublicinstitutionsrather thancreatenewones. 3. ili) Clause 10 -Part lllA: Proposed Section 29B (Functions of the Director)Concerns were raised that the proposed functions of the Director were too numerous functions be consolidated for clarity and eficiency.Further concerns were expressed regarding a possible conflict ofmandate between the Office of the Director of Forest Regulation and the ChiefConservator of ForestswithinKFS. 4. iv) Clause 10 -Proposed Section 29G (Headquarters of the Institute) -It was proposed that the headquarters of the Institute be located in Kiambu County. 5. Clause 10 - Proposed Section 29l (Board Composition) - It was proposed that the Board include two representatives from Community Forest Associations (CFAs) and that gender balance be ensured.It was further recommended that CFAs and forest communitiesberepresentedontheBoard incompliancewiththetwo-thirdsgenderrule. 6. vi) Clause I0 -Proposed Section 29K(Tenure of Office)-It was proposed that tenure be limited to a maximum of three years without renewal. In contrast, an alternative Board sufficient time to implement strategies and policies. 7. vii) Clause I0-Proposed Section 29N(Functions of KEFRI Board)-It wasproposed that one of theBoard'sfunctions should be to develop a strategicplan for the Institute. 8. vii) Clause I0-Proposed Section 29R(Committees ofthe Board)-Itwas stated that Board subcommittees should not be permitted to regulate their own affairs, noting that theFirstSchedule alreadyprovidesfor the conductof theBoard. 9. ix) Clause I0-Proposed Section 29S (Director General of KEFRl)-It was increased from ten years to fifteen years.

• x) Clause I0-Proposed Section 29T(Corporation Secretary)-It was proposed that theAttorney General should assume therole of CorporationSecretary,noting that theAttorneyGeneral'srepresentative is already a memberof theBoard.

11. xi) Clause I0-ProposedSection29Z-Itwasproposed thattheBoard should specify the amount payable to innovators, suggesting a range of between KEs I million and KES I0million. 12. xii) Clause II - Section 42: Management of Indigenous Forests - With regard to Section 42(4) on buffer zones, it was proposed that the Bill should clearly specify the size ofthebufferzones. 13. xii) Clause19-ProposedAmendments toSection67-Theproposed amendments sought to replace the words"national and county forests or"with the word"public"in subsection (1)(e); increase the penalty in subsection (2) from KES 100,000 to KES 2 million orimprisonmentfora termnotexceedingthreeyears,orboth;and introduce anew subsectionrequiring offenders toremove exotic genetic material,invasive plants,toxic

substances,or any otherwaste from the forest at theirown cost.An alternative proposal suggestedreducingtheKES2millionfinetoKES500,000.

• xiv) General Proposals-Itwas proposed thatcommunities should receive training onforest nurturingandconservation.Itwasfurtherproposedthatlivelihoodactivitiessuchas fetchingfirewood ormaking charcoal for domesticsubsistence use be decriminalized.The use of Alternative Dispute Resolution (ADR) or mediation in conflicts between communitiesandforestservicerangerswasalsorecommended.

4.2.13Onlinesubmissions

• 123.Atotalof45publicsubmissionswerereceived inresponseto theproposedForestConservation and Management(Amendment) Act,2025.Submissions came from 33 counties across Kenya, reflecting broad geographic participation. The majority of respondents engaged substantively, providing written justifications alongside their support or objections to individual clauses as follows:
• i) Clause I, Short Title: Received the strongest support of any clause (4I Yes, 2 No) and wasalmostuniversallyacceptedbysubmitters.
• i) noted that expanded definitions,including mangroves,bamboo,ecosystem services,forest carbon,and biodiversity hotspots,were reflecting modern forestry realities and climate change priorities.
• iii) Clause6—Uniformed&Disciplined Officers,themajorityof therespondents supported the provision.32of the respondents supported the Clause,while respondent 6objected to the provision.Key objections raised included:
• a Designating uniformed officers should be the Board's function,not the Cabinet Secretary's.
• b Need for clearer delineation between conservators/foresters and enforcement rangers.
• mandate.
• S(P Suggestion to drawdraftingprecedentfrom the Coast GuardServicesActand the NationalYouthServiceAct.
• iv) Clause7—KenyaForest Academy,31 of therespondents supported the Clause,while respondent7objected totheprovision.
• a) Key support included:
• i) Paramilitary training will help equip KFS staff with the prerequisite skills.
• i) This will be okay for the training and certification for efficient service delivery.
• ii) Improves professionalism,accountability,and effectiveness of forest law enforcementofficers.
• iv) Yes,withconditions,theserviceshallestablishaunifiedcommandstructure todoawaywiththecurrentdualchainofcommandwherethe technical/professionalcadreandtheprotection/securitycadreoperate separately.Theranksand insigniawornbytheuniformed anddisciplinedcadre shouldbegazetted.
• Tohaveskillsandknowledgeonhowtodealwithpersonsperceivedto destroy the environment.
• b)Keyconcernsraised included:

• i) Proposal torename the institution to'Forest LawEnforcementAcademy'to reflect its actual mandate.
• i) Call to make Kenya Forestry College autonomous under the Technical and s oversight.

3. ili Suggestion forregional/county-level training as an alternative to a centralized academy. 4. iv) Proposal that the Academy should serve inter-agency training beyond KFS alone. 5. Clause I0-Director ofForestRegulation:34 of the respondents supported the provision, and 5 of the respondents opposed the establishment of the Director's office. Those who supported stated that: this will aid in compliance with the laws and management of forests andnatural resources,establishing the Office of the Director of ForestRegulation strengthens oversight, improves compliance, and enhances accountability in the forestry sector. Some submitters questioned whether creating a separate regulatory office adds unnecessarybureaucracy,andpreferred consolidatingroleswithin existing structures like theForestSocietyofKenya. 6. vi) Clause 18-Forest Offences(Section 64):The enhancement of Forest Offences was broadly supported.However,a significantconcern wasraised:Section 64 treats all forest offences identically regardless of severity. A woman collecting firewood can be charged under the same provision as a commercial logger who has felled an entire plantation.Theproposal wastoclassifyoffencesintoMinor,Major,andSeriouscategorieswithgraduatedpenalties. 7. vii) Several respondents advocated for greater devolution of forest governance to Community Forest Associations (CFAs) and county-level committees.Specific recommendations included:

• a) Removing implementation of Participatory Forest Management Plans (PFMP) and Forest Management Agreements (FMA) barriers to community engagement.
• b) Setting clear boundaries between CFAs, the county committees, and KFS leadership roles.

10. c)Treating CFAs as incubation centersforforest enterprise.

5.0COMMITTEEOBSERVATIONS

124.Havingconsidered theBill,theCommitteemade thefollowingobservations:

• 1.The Bill seeks to amend the Forest Conservation and Management Act,20l6,to modernizeitandalignitwithcurrentenvironmentalandsectoralrealitiessuchasclimate change, carbon markets,dryland forestry,restoration targets,and emerging environmental institutional coordination within the forestry sector, promote the conservation and rehabilitation of forest resources, and improve the participation of communities and other stakeholdersinforestmanagement.

3. The proposed amendments will strengthen the Kenya Forest Service, Kenya Forestry Research Institute governance structures, and enhance institutional coordination in forest forest restoration, environmental sustainability, protection of water catchment areas, biodiversity conservation,and attainmentof national developmentpriorities. 2. The Bill proposes the establishmentof the Kenya Forestry Research Institute,which shall be a successor of theKenya Forestry Research Institute specified under paragraph 2 of the Fourth Schedule to the Science, Technology and Innovation Act. 4. The Bill proposes the establishmentof the Officeof theDirector of ForestRegulation, which will advise the Cabineton various matters and setnational standards,procedures,and guidelines for forest management and monitor compliance across the forest sector. 5. That, effective management of forest resources requires meaningful engagement and communities,Community Forest Associations, private sector actors,and other relevant stakeholders. 6. The Bill introduces climate adaptation measures by incorporating efficient water harvesting 7. The Bill introduces a comprehensive frameworkforPaymentforEcosystemServices Schemes(PEss),including the periodic economicvaluation of forest ecosystem goods and services,coordinationoftheimplementationofPESSby theKenyaForestServiceand the developmentof incentivemechanismswhich the National Treasury isrequired to mainstream. 8. The amendments significantly strengthen enforcementbyintroducing newoffences,including unlawful trade inrestrictedforestproduce and enhancingpenaltiesfor existing offencessuch asillegal activitiesinforests andforestfiresormakingofcharcoalwithoutapermit.Courts arealsoempoweredtoissueenvironmentalrestorationordersincludingremovalofwasteat theoffender'scost.

CHAPTERFIVE

CHAPTERSIX

6.0COMMITTEERECOMMENDATION

• 125.The Committee,havingfacilitatedpublicparticipation and considered theForestConservation and Management(Amendment) Bill2025,by theLeader of theMajorityParty,the Hon.Kimani lchungwa, the stakeholders' comments,and from the above observations,recommends that the House approves the Bill with the amendments contained in the Schedule of Amendments forming Chapter Seven of theReport.

27 o4 Zo26

SIGNED...

..DATE

HON.VINCENTMUSYOKAMUSAU,MP,CBS CHAIRPERSON, DEPARTMENTALCOMMITTEEONENVIRONMENT,FORESTRYANDMINING