The Wildlife Conservation and Management ( Amendment Bill) ( Senate Bills No. 46. of 2023)

SPECIALISSUE

KenyaGazetteSupplement No.183(SenateBillsNo.46)

REPUBLIC OFKENYA

KENYA GAZETTE SUPPLEMENT

SENATE BILLS,2023

NAIROBI,10th October,2023

CONTENT

BillforIntroductionintotheSenate-

PAGE

991

TheWildlifeConservation andManagement(Amendment)Bill,2023

THEWILDLIFECONSERVATIONAND MANAGEMENT (AMENDMENT)BILL,2023

ABill for

ANACTofParliamenttoamendtheWildlife Conservation and Management Act and for connectedpurposes.

ENACTED by the Parliament of Kenya, as follows --

• 1.This Actmaybecitedas sthe Wildlife Conservation and Management (Aimendment) Act, 2023.

2. The Wildlife Conservation and Managemient Act, in this Act referred to as"the principal Act",is amended by insertingthefollowingnewsectionimmediatelyafter section 21 -—

Provision of fundsfor Community Wildlife Conservation Committees.

• 21A (1) TheCabinet Secretary shall, in each financial year, provide adequate funds for the management of the affairs of eachCommunityWildlifeConservation Committee.
• (2)The Cabinet Secretary shall, where no appeal has been lodged under this Act,ensure that compensation required tobe paidunder thisAct isundertaken withintwelvemonthsofadetermination bythe respective Community Wildlife Conservation Committee.
• 3.Section 23 of the principal Act is amended ——
• (a) in subsection (2) by inserting the words "and oneofwhomshallbenominated'bythe Council of County Governors"immediately after the words "wildlife conservancy body" in paragraph (e); and

Short title.

Insertionof section21Ain No.47 of 2013.

Amendment of section23of No.47of2013.

• (b)--in-subsection--(4)- by-inserting-the-following —()
• (fa)provide support to local communities negatively affected by activities undertaken withrespecttowildlife conservation and management.

• 4.Section24of theprincipalAct is amended in subsection (1) by ---
• (i) deleting the word "Government"" appearing in theintroductoryclause andsubstituting therefor the words "Cabinet Secretary";
• (ii) deleting paragraph (a) and substituting therefor the following new paragraph ---
• a) monies allocated annually for this purpose by the National Assembly;

5. Section 25 of the principal Act is amended —-

• (a)in subsection (3) by i inserting the words "within twelve months of the recommendations"immediatelyafter the the introductory clause;
• b in subsection (4) by deleting the words"due consideration"appearing gimmediatelyafter the words"the service for"and substituting thereforthe words "the purpose of processing the payment for compensation";
• in subsection (5) by inserting the words "within twelve months" immediately after thewords "awardand pay" the introductory clause; and
• (P in subsection (6) by -
• (i) deleting the word "either" appearing immediately after the words"of compensation by"; and
• (ii) deleting the words "or the Service" appearing—immediately after\_the\_words "and Compensation Committee"
• 6.Section 76 of the principal Act is amended by deleting subsection (4)and substituting therefor the following new subsections--
• (4) The Cabinet Secretary shall, formulating th e guidelines, ensure that in the

Amendment of section24of No.47 of 2013.

Amendment of No.47 of2013. section25of

Amendmentof section76of No.47 of 2013.

• guidelines comply withtheconditionthata minimum of five percent of the benefits from nationalparksandnationalreserves shallbe allocatedtolocalcommunitiesneighbouringor negatively affected by activities undertaken for the preservation of the nationalparks.
• (4A) The determination of the minimum percentage of-the-benefits to be allocated-to local communities under subsection (4) shall bebased on thegross totalrevenueandfeescollectedwith respect to theprotected area.

7. The Third Schedule to the principal Act is amendedinPartAby inserting the words"poisonous snakes, dangerous snakes, shark, stone fish, whale, sting ray, wild pig" immediately after the word "buffalo".

Amendmentof theThird Schedule toNo. 47 of2013.

MEMORANDUMOFOBJECTSANDREASONS

TheBill seeksto amend theWildlifeConservation andManagement Act, No. 47 of 2013, in order to make further provision for·the allocation ofadequatefacilitiestoCountyWildlifeConservation and Compensation Committees established under theAct.It alsoprovides a timelineof twelve months for the compensation for human death,human injury or crop and property damage caused by wildlife in accordance with the Act.

Statement of the Objectsand Reasonsfor theBill

The Bill makes further provision for the payment of compensation andotherentitlementsduetolocalcommunitiesaffectedbywildlifein accordance with theAct.Thisis essential to enable counties perform their countyfunctionsasprovided underPart2of theFourthScheduleto the Constitution.

Statement on the delegation of legislative powers and limitation of fundamentalrightsandfreedoms

Statementonhow theBillconcernscountygovernments

This Bill-does not delegate legislative powers nor does it limit fundamentalrights and freedoms.

The Bill concerns county governments in that it makes further provisionfor theallocationof adequatefacilities toCountyWildlife Conservationand Compensation Committees in each county.It also provides timelines for the compensation by the Committees to victims of injury caused by wildlife in accordance with the Act.This will affect countiesin theperformance of theirfunctionsaslisted underPart 2of the FourthScheduletotheConstitution.

Statement that the Bill is not a money Bill,within the meaning of Article114oftheConstitution

The Bill makes further provision for the payment of compensation to local communities affected bywildlife in accordancewith theAct.This is essential toenable counties perform their countyfunctions asprovided above.It alsofacilitatescountiestoperformtheirfunctions.under paragraph 14 of the said Part 2 of the Fourth Schedule to the Constitution. TheBill therefore affectsthefunctionsandpowersof countygovernments in terms of 110(1)(a) of the Constitution.

TheBill-dealswith matters other than thoselisted in thedefinitionof a moneyBill under Article 114(3) of the Constitution and is therefore not a moneyBillwithin themeaningofArticle114of theConstitution.

JOHNES MWARUMA,

Senator.

Dated the 29th March, 2023.

Section 23 of No.47of 2013 that theBill proposes to amend

23.The Wildlife Conservation Trust Fund.

• (1)There is established aWildlifeConservation Trust Fund thatshall be vested in a governing body established in accordance with subsection (2).
• (2) The governing body referred to in subsection (1) shall serve as a public-private partnership and-comprise
• (a) a Chairperson being appointed by the President; .
• (b) thePrincipalSecretaryin theStateDepartmentfor the time being responsible for matters relating to wildlife;
• the Principal Secretary in the State Department for the time C being responsible for matters relating to finance;
• (d) - the Director-General of the Service who shall be the Secretary;
• e) four representatives from the private sector,who shall have technical experience in either philanthropy, law, natural resources, finance,business and investment matters, one of whomshallbearepresentativenominatedbyanumbrella wildlife conservancy body; and
• a representative from the office of the Attorney-General.
• (3) There shall be paid into the Wildlife Conservation Trust Fund-
• a) moneys appropriated by Parliament;
• b a proportion of such moneys as may be levied for payment of service sectors,and for biodiversity offset schemes that compensate·for conservationimpactsasacontribution·towards theWildlifeConservation TrustFundas theCabinetSecretary may, upon. the recommendation of the governing board, determine;
• C moneys for payment of environmental services and biodiversity offsetschemes-inwhichentitiesmakepayments.directlyto-the WildlifeConservationTrustFund;
• P moneys from debt-for-nature transactions;
• income from investments made by the governing board; and
• ( such grants, donations, bequests or other gifts as may be made to the Fund.

• (4) The purpose shall be to provide funds in order to--

2. (b) manage and restore protected areas and conservancies;

• a) develop wildlife conservation initiatives;

4. (c) . protect endangered species, habitats and ecosystems; 5. (e) facilitate communitybasedwildlifeinitiatives; 6. (d) support wildlife security operations; 7. ( award wildlife conservation grants based oncriteriatobe established by the governing board; and

• (5) The Cabinet Secretary may, on recommendation of the Service, by notice in the Gazette, issue regulations and guidelines necessary and appropriate for the carrying out of the purposes of this section.

9. (g) such other purposes as may be provided by the governing board.

Section24 of No. 47 of 2013-that theBill proposes to amend -

(1)The Governmentshall establishaWildlifeCompensationScheme that shall consist of--

24.TheWildlife CompensationScheme.

• a) monies specifically allocated for this purpose through the budget process;

2. b aninsuranceschemetobeestablished by theCabinetSecretary responsiblefor matters relating tofinance; and 3. c monies from any other source approved by the Cabinet Secretaryforthe timebeingresponsibleformattersrelating to finance; and

(2) The Wildlife Compensation Scheme shall be used for financing compensation claims for human death or injury or crop and property damage caused by wildlife.

Section 25 of No. 47 of 2013 that the Bill proposes to amend

25.Compensation for personal injury or death or damage to property.

(1) Where any person suffers any bodily injury or is killed by any wildlife listed under the Third Schedule, the person injured, or in the case of a deceased person, the personal representative or successor or assign, maylaunch 1aclaimto.theCountyWildlifeConservationand Compensation Committee within the jurisdiction established under this Act.

(2)TheCountyWildlife eConservationandCompensation Committeeestablishedundersection18shallverifyaclaimmadeunder subsection (1) and upon verification,submit the claim to the Cabinet Secretary together with its recommendations thereon.

(3)The Cabinet Secretary shall consider therecommendationsmade under subsection (2) and where appropriate, pay compensation to the claimantasfollows--

• (a) in the-case of death, five million-shillings;.
• (b) in the case of injury occasioning permanent disability, three million shillings;
• (C) in the case of any other injury, a maximum of two million shillings, depending on the extent of injury.

(4) Any person who suffers loss \_or damage to crops, livestock or other.property from wildlife specified in the Seventh Schedule hereof and subject to therules made by the Cabinet Secretary, may submit a claim to the County Wildlife Conservation and Compensation Committee who shall verify the claim and make recommendations as appropriate and submit it to theServicefor due consideration.

(5) The CountyWildlife Conservation and Compensation Committee shall review the claim and award and pay a compensation valued at the ruling market rates:

Provided that nocompensation shallbepaidwherethe owner of the livestock, crops or other property failed to take reasonable measures to protect such crops, livestock or property from damage by wildlife or his land use practices are in compatible with the ecosystem-based management plan for the area.

(6) A person .who is dissatisfied with the award of compensation by either the CountyWildlifeConservation and Compensation Committee or the Service may within thirty days after being notified of the decision and award,file an appeal to the National Environment Tribunal and on a second appeal to theEnvironment and Land Court.

(7)-The-Cabinet-Secretary-may,-by—notice-in-the-Gazette,-prescribe suchregulationsandguidelines as arenecessary and appropriatetocarry out thepurposes of this section.

Section 76 of No. 47 of 2013 that the Bill proposes to amend -

76. Guidelines on incentives and benefit-sharing.

(1) The Cabinet Secretary shall, upon advice by the Service, in consultation with the Commission on Revenue Allocation,formulate guidelines regarding incentives and benefit sharing, and the nature and manner in which the same shall be distributed.

• (2) The Cabinet Secretary shall publish in the Gazette within twentyone days of the formulation rules and regulations to govern the regime on incentives and benefits.
• (3) The guidelines under this section shall be subjected to public scrutinyateverystageof theirformulationwithinthe.frameworkofthe ---laws-ondevolution-and-landmanagement.
• (4) The guidelines on benefit sharing shall comply with the minimum conditionsthat aminimum offiveper centof thebenefitsfromnational parks shall be allocated to local communities neighbouring a park.

(5) Subject to Article 66 of the Constitution, private investments in conservancies shall benefit local communities and investors shall provide suchbenefits s by applying various options including infrastructure, education and social amenities.

The Third Schedule of No. 47 of 2013-that the Bill proposes to amend - Elephant

'Lion

Leopard

Rhino

Hyena

Crocodile

Cheetah

Buffalo

Elephant

Lion

Leopard

Rhino

Hyena

Crocodile

Cheetah

Buffalo

Hippo

Zebra

Eland

Wildebeest

Snake

Wild dog

THIRDSCHEDULE

[Section 25]

WILDLIFESPECIESINRESPECTOFWHICH COMPENSATIONMAYBEPAID

A.Death andInjury

• B.Crop,livestock andproperty damage