The Forest Conservation and Management (Amendment) Bill, 2025
Status Timeline
Proposed
Active now
Public Review
Pending
Debate
Pending
Executive
Pending
Final
Pending
Unlicensed Timber Grading and Forest Certification Banned
The Bill establishes the Office of the Director of Forest Regulation under Section 29A. This office will undertake the registration and licensing of forest certification experts and timber graders. Under Sections 29D and 29E, any person undertaking forest certification or timber grading without a licence commits an offence and is liable to a fine not exceeding KSh 1 million, imprisonment up to 1 year, or both.
Kenya Forestry Research Institute Restructured
Under Section 29F, KEFRI is established as a body corporate with perpetual succession, succeeding the institute previously specified under the Science, Technology and Innovation Act (Cap. 511). Headquartered in Kiambu County, it will serve as the lead government agency for forestry research and development, holding powers to own property, borrow money, and enter into contracts.
Stiffer Penalties for Forest Trade Violations and Waste Dumping
The Bill introduces severe financial penalties to deter illegal commercial exploitation and pollution:
- Illegal Export/Import: Importing or exporting prohibited forest products carries a fine of up to KSh 5 million, up to 3 years' imprisonment, or both (Section 61(2)).
- Pollution and Invasive Species: Unlawfully introducing invasive species or dumping solid, liquid, or toxic waste in forests carries a fine of up to KSh 3 million, up to 10 years' imprisonment, or both (Section 67(8)).
- Court-Ordered Cleanup: Offending parties will also be forced to remove the waste or invasive material at their own cost.
Payment for Ecosystem Services Framework Introduced
Under the new Section 53A, the Service and KEFRI are tasked with establishing a framework for Payment for Ecosystem Services (PES) schemes across public, community, and private forests. The Service and KEFRI will perform a total economic valuation of forest ecosystem goods and services every five years to submit to the Cabinet Secretary.
Bill No.
No. 38 of 2025
Gazette No.
Supplement No. 135 of 2025
Sponsor
Kimani Ichung'wah
Background
The Forest Conservation and Management (Amendment) Bill, 2025 seeks to align the legal framework of Kenya's forestry sector with modern realities, contemporary global forestry conservation practices, and the Constitution of Kenya. The proposed amendments address existing regulatory gaps identified in the National Forest Policy, 2023, enhancing devolution and the commercial potential of dryland forestry.
Key Amendments
- Establishment of the Kenya Forest Academy (Section 17A): Creates a dedicated training institution within the Kenya Forest Service to provide professional training for Service officers.
- Office of the Director of Forest Regulation (Section 29A): Establishes a regulatory office in the public service tasked with setting standards, inspecting forest resources, advising the Ministry on compliance, and managing the registries of forestry professionals.
- Restructuring KEFRI (Section 29F): Establishes the Kenya Forestry Research Institute as an independent body corporate, transitioning it from its previous specification under the Science, Technology and Innovation Act (Cap. 511).
- Management of Dryland Forests (Section 43A): Mandates the sustainable management of dryland forests to promote integrated development through commercial agroforestry, agro-silvopastoralism, fruit, and fodder trees in dryland regions.
- Payment for Ecosystem Services (Section 53A): Establishes a legislative basis for Payment for Ecosystem Services (PES) schemes to incentivize forest owners and managers.
New Obligations
- Buffer Zones Designation (Section 42(4)): Forest owners are required to identify and designate specific areas of their forests as buffer zones to reduce negative edge effects and enhance ecosystem services.
- Licensing for Graders and Experts (Sections 29D & 29E): Forestry certification experts and timber graders must be formally registered and licensed by the Director of Forest Regulation before practicing.
- Ecosystem Valuation: The Service and KEFRI must jointly perform a total economic valuation of forest ecosystem goods and services every five years.
Penalties
- Unlicensed Forest Certification/Timber Grading (Sections 29D & 29E): Fine not exceeding KSh 1 million, imprisonment for up to 1 year, or both.
- Prohibited Export/Import of Forest Products (Section 61(2)): Fine not exceeding KSh 5 million, imprisonment for up to 3 years, or both.
- Illegal Forestry Activities in Public/Provisional Forests (Section 64(2)): Felling, burning, or injuring forest produce carries a fine of up to KSh 1 million, imprisonment up to 12 months, or both.
- Operating an Unlicensed Sawmill (Section 67(3)): Fine up to KSh 1 million, imprisonment up to 3 years, or both.
- Introducing Invasive Species or Dumping Waste (Section 67(8)): Fine up to KSh 3 million, imprisonment up to 10 years, or both. The court shall also order the offender to remove the exotic material or waste at their own cost.
Transitional Provisions
- Asset and Liability Transfer: Upon commencement, all assets, liabilities, and agreements of the former Kenya Forestry Research Institute established under Cap. 511 will vest in the newly corporate KEFRI.
- Continuity of Service: Directions, orders, and permits issued by the former Institute will remain valid as if issued by the new corporate body. Staff of the former Institute will transition to the new corporate entity subject to terms of service determined on the advice of the Salaries and Remuneration Commission.
No updates tracked yet
Updates will be visible here once they are approved and applied to this bill.