The Environment Laws (Amendment) Bill, 2024
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Mandatory Tree Replacement and KSh 5 Million Penalty
The Bill introduces Section 40A to Cap. 385, making it a legal requirement for any person who harvests or fells a tree to replace it in an area designated by the Kenya Forest Service. Failure to replace a felled tree is an offence carrying a fine of up to KSh 5 million, imprisonment for up to three years, or both.
County-Level Tree Nurseries Established
To support local tree-planting efforts, the Bill requires the establishment of at least one tree nursery in each county. These nurseries will focus on sourcing and propagating tree seeds and seedlings that are specifically suitable for the local environmental and climatic conditions of the respective counties.
Annual National Tree Planting Week Designated
The Bill substitutes Section 55 of Cap. 385 to establish a National Tree Planting Week from March 15th to March 21st each year. During this week, both national and county governments will mobilize public and private learning institutions, public officers, and private entities to plant trees.
Tax Incentives for Private Tree Planting
The Bill amends Section 54 of Cap. 385 to introduce income and other tax deductions for private entities that actively implement tree planting programmes.
Bill No.
Bill No. 23 of 2024
Gazette No.
Supplement No. 86 of 12th April, 2024
Background
The Environment Laws (Amendment) Bill, 2024 introduces legislative amendments to improve Kenya's forest cover, combat climate change, and institutionalize community and private sector participation in conservation. The Bill amends the Forest Conservation and Management Act (Cap. 385) and the Climate Change Act (Cap. 387A) to establish structured afforestation targets and clear legal obligations for tree replacement.
Key Amendments
Amendments to the Forest Conservation and Management Act (Cap. 385)
- Section 8 (Functions of the Service): Expanded to include the promotion of afforestation and reforestation in arid and semi-arid areas, planting on all public lands in each county, and formulating carbon sequestration plans in alignment with targets set under the Climate Change Act.
- Section 21 (County Forest Conservation Committees): Mandated to promote tree planting on county public land and ensure that any trees felled during county project implementation are relocated to an area designated by the Kenya Forest Service.
- Section 54 (Incentives for Forest Services): Amends the Act to introduce income and other tax deductions for private entities that implement tree planting programmes.
- Section 55 (National Tree Planting Week): Substitutes the existing provisions to officially establish National Tree Planting Week from the 15th day of March to the 21st day of March each year.
Amendments to the Climate Change Act (Cap. 387A)
- Section 8: Expanded to require the formulation of national strategies for achieving annual carbon sequestration targets.
New Obligations
- Mandatory Tree Replacement: Any person felling or harvesting a tree for any reason must replace the tree under the direction of, and in an area designated by, the Kenya Forest Service.
- Local Nursery Infrastructure: Counties are obligated to establish and maintain at least one tree nursery to source seeds and seedlings suitable for local climatic conditions.
- Inclusive Planning: County forest committees must ensure that women, youth, persons with disabilities, and minority groups are actively involved in all forest management action plans.
Penalties
- Failure to Replace Trees: Under the new Section 40A(3), any person who harvests or fells a tree and fails to replace it commits an offence. Upon conviction, the offender is liable to a fine not exceeding KSh 5 million, imprisonment for a term not exceeding three years, or both.
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