The Environment Laws (Amendment) Bill, 2024
Status Timeline
Proposed
Done ยท 17 Sep 2026
Public Review
Done
Debate
Active now
Executive
Pending
Final
Pending
Mandatory Tree Replacement and KSh 5 Million Fine
The Bill introduces a new Section 40A to Cap. 385, requiring any person who harvests or fells a tree to replace it under the direction of, and in an area designated by, the Kenya Forest Service. Failure to comply is an offence attracting a fine not exceeding KSh 5 million, imprisonment for up to three years, or both.
County Mandates for Tree Nurseries and Public Land Planting
Amendments to Sections 8 and 21 of Cap. 385 require the Kenya Forest Service to establish at least one tree nursery in every county. County governments are mandated to promote tree planting on all public land vested in them and ensure that any trees felled for county projects are relocated to areas designated by the Service.
National Tree-Planting Week Established
The Bill replaces Section 55 of Cap. 385 to officially designate March 15th to March 21st of each year as the national tree-planting week. The Cabinet Secretary and County Executive Committee members must coordinate tree-planting programmes, mobilizing public and private learning institutions, public officers, and private entities.
Tax Incentives for Private Tree Planting
Under an amendment to Section 54 of Cap. 385, the government will offer income and other tax deductions to private entities that implement tree-planting programmes, encouraging private sector participation in conservation.
Strategies for Annual Carbon Sequestration Targets
The Bill amends Section 8 of the Climate Change Act (Cap. 387A) to legally mandate the Cabinet Secretary responsible for climate change to set and formulate strategies for achieving annual carbon sequestration targets for the country.
Bill No.
Senate Bills No. 23
Gazette No.
Supplement No. 86
Sponsor
Abdul Mohammed Haji
Background
The Environment Laws (Amendment) Bill, 2024 is designed to strengthen Kenya's environmental conservation framework by enhancing afforestation, reforestation, and climate change mitigation strategies. It proposes targeted amendments to the Forest Conservation and Management Act (Cap. 385) and the Climate Change Act (Cap. 387A) to delegate clear conservation responsibilities to both the national government and county governments.
Key Amendments
Amendments to the Forest Conservation and Management Act (Cap. 385)
- Section 8 (Functions of the Service): The Kenya Forest Service is given new mandates to promote afforestation and reforestation in arid and semi-arid areas, promote tree planting on all county public lands, establish at least one tree nursery in each county, and implement plans to achieve carbon sequestration targets set under the Climate Change Act.
- Section 21 (Forestry Functions of County Governments): County governments must promote tree-planting on all public land vested in them and ensure that trees cut down during the execution of county projects are relocated to areas designated by the Service.
- Section 54 (Tax and Fiscal Incentives): The Bill introduces income and other tax deductions for private entities that actively implement tree-planting programmes.
- Section 55 (National Tree Planting Week): Establishes the week of March 15th to March 21st as the national tree-planting week.
- Section 57 (Eligibility for Authorization): Explicitly requires authorized tree-harvesters to replace each harvested tree in accordance with the directions of the Service.
Amendments to the Climate Change Act (Cap. 387A)
- Section 8 (Powers and Duties of the Cabinet Secretary): Requires the Cabinet Secretary to set and formulate strategies for achieving annual carbon sequestration targets.
New Obligations
- Tree Replacement Obligation: Any individual or entity that harvests or fells a tree for any purpose is legally obligated to replace that tree under the direction of and in an area designated by the Kenya Forest Service.
- Establishment of County Nurseries: The Kenya Forest Service must establish at least one tree nursery per county with species tailored to the local environment and climate.
- Public Mobilization: National and county governments are required to plan and execute mobilization programmes during the national tree-planting week, targeting schools, public officers, and private entities.
Penalties
- Illegal Tree Felling and Non-Replacement: Anyone who fells or harvests a tree and fails to replace it commits an offence under the new Section 40A of Cap. 385. Upon conviction, they face a fine not exceeding KSh 5 million, imprisonment for a term not exceeding three years, or both.
Gazettement
The Bill was published in the Kenya Gazette No. 86 on 12th April 2024.
Bi-cameral Consideration
A message from the Senate regarding the Bill was conveyed to the National Assembly on 6th August 2026.