The Wildlife Conservation and Management (Amendment) Bill, 2023
Status Timeline
Proposed
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Public Review
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Debate
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Executive
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Final
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Joint National-County Management of National Parks
Amends Section 32 of the principal Act to mandate that all national parks be managed by the National Government in collaboration with the respective county governments. It requires both levels of government to execute intergovernmental agreements to facilitate park administration.
Bicameral Approval for New National Parks
Requires that any declaration of un-alienated public land or purchased land as a national park by the Cabinet Secretary must be submitted to and approved by both the National Assembly and the Senate prior to publication in the Gazette.
Amboseli Transferred to National Reserve Status
Amends the Eleventh Schedule of the principal Act by deleting item 6 (Amboseli) from the 'National Parks' table and inserting '28A. Amboseli N.R. 392' into the 'National Reserves' table, enabling local management and county revenue benefit.
Revised Consultation for Benefit-Sharing Guidelines
Replaces Section 76(1) to require the Cabinet Secretary to formulate guidelines on incentives and benefit-sharing in consultation with the Commission on Revenue Allocation and the relevant county government, upon receiving advice from the Kenya Wildlife Service.
Bill No.
Senate Bills No. 49 of 2023
Gazette No.
Supplement No. 219 of 2023
Sponsor
Lenku Ole Kanar Seki
Background
Currently, national parks situated within county boundaries are managed and operated exclusively under the jurisdiction of the National Government. This arrangement prevents host counties from directly receiving revenues generated by these parks, despite county governments holding constitutional responsibilities for local tourism and county parks under the Fourth Schedule to the Constitution. The Wildlife Conservation and Management (Amendment) Bill, 2023 seeks to establish a joint management and revenue-sharing framework to ensure host counties share in the financial benefits of these natural resources.
Key Amendments
- Section 32 (Declaration of National Parks): Substituted to introduce a joint management framework. Any new declaration of public or acquired land as a national park must be approved by both the National Assembly and the Senate. It establishes that national parks shall be managed collaboratively by the National Government and host county governments under formal intergovernmental agreements.
- Section 76 (Incentives and Benefit-Sharing): Amends subsection (1) to require the Cabinet Secretary to consult both the Commission on Revenue Allocation and the relevant county government when formulating guidelines on how incentives and benefits are distributed.
- Eleventh Schedule: Deletes Amboseli from the list of National Parks and inserts it as 'Amboseli N.R. 392' under the list of National Reserves, transferring its status.
New Obligations
- Intergovernmental Agreements: The National Government and relevant county governments are obligated to enter into intergovernmental agreements to facilitate the effective management and administration of national parks. These agreements must be submitted to the National Assembly and the Senate for approval before being published in the Gazette.
- Consultation Duties: The Cabinet Secretary must consult county governments and the Commission on Revenue Allocation before setting up benefit-sharing and incentive distribution rules.
Transitional Provisions
- Section 119 (Savings and Transitional): Inserts a new subsection (ba) specifying that any existing agreements regarding the management and administration of national parks deemed to have been entered into shall remain in force until they are revoked in accordance with their own terms.
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