Why bid to amend forests law is suspect

Environmentalists are up in arms over plans to amend the Forest Conservation and Management Act 2016, a move they fear could expose forests to grabbing and worsen environmental degradation.

This is often an emotive issue, considering the need to protect the country’s dwindling forest cover. While the United Nations recommends a forest cover of at least 10 per cent, Kenya’s closed forest cover accounts for less than three per cent of the country’s total land mass.

The Forest Conservation and Management (Amendment) Bill, 2021, which is sponsored by the Procedure and Rules committee, is expected to be introduced when the National Assembly resumes sittings next week. The Bill seeks to amend Section 34 of the Forest Conservation Act on the procedure to be followed by petitioners seeking variations of boundaries or excision of public forests.

The Kenya Forest Service (KFS) board is opposed to the bid to delete Section 34(2) of the Forest Conservation and Management Act 2016. Also against the proposed change is the National Alliance of Community Forest Associations.

The Forests Act 2005 was enacted to safeguard forests from arbitrary excisions and changes to forest boundaries. It is the KFS, as the custodian of public forests, that makes technical recommendations to Parliament. This has enabled it to protect public forests and water towers and conserve biodiversity. The proposed amendment, whose real intention is not clear, could reverse the gains made over the past 15 years in restoring public forests and water catchment areas.

The argument that involving the KFS limits the rights of citizens to petition Parliament rings hollow. Technical expertise should not be sacrificed on the altar of selfish gain. The proposed amendment should be handled with care and all stakeholders must be involved.