Act No: No. 34 of 2016
Act Title: FOREST CONSERVATION AND MANAGEMENT
SUBSIDIARY LEGISLATION
Arrangement of Sections
THE VESTING OF ASSETS AND TRANSFER OF LIABILITIES, 2008
(a)

All the property that was immediately before the commencement of the Act vested in the Government for the use of the Forestry Department shall vest in the Kenya Forest Service; and

(b)

all contracts, debts, obligations and liabilities of the Government attributable to the Forest Department immediately before the commencement of the Act shall remain vested in the Government and may be enforced by or against the Government.

THE FORESTS (PARTICIPATION IN SUSTAINABLE FOREST MANAGEMENT) RULES, 2009

ARRANGEMENT OF RULES

PART I – PRELIMINARIES

1.

Citation

2.

Application

3.

Interpretation

4.

Rules

5.

Management plan

PART II – PRIVATE SECTOR PARTICIPATION

6.

Service to invite private sector

7.

Types of agreements for private sector

8.

Eligibility of applicant

9.

Permits for utilization of forest goods and services

10.

Variation

11.

Determination of areas to be offered

12.

Content and duration of timber-liccence

13.

Pre-qualification procedure

14.

Consideration of applications

15.

Offering and advertisment

16.

Bidding procedure

17.

Selection of a bidder

18.

Award of timber-license

19.

Monitoring and evaluation of licensee

20.

Non-transferability

21.

Content and procedure in grant of special-use licence

22.

Procedure in the grant of contracts

23.

Main features

24.

Procedure in the grant of a joint management agreement

25.

Evaluation of the application

26.

Joint management agreement

27.

Determination of areas to be offered

28.

Content of concession agreement and duration

29.

Pre-Qualification

30.

Consideration of an application

31.

Offering and advertisement

32.

Concession bidding procedure

33.

Consideration of the bids

34.

Announcement of intention to award

35.

Award of concession

36.

Performance bond

37.

Review and evaluation

38.

Evaluation and renewal

39.

Employmnet of professional foresters

40.

Transferability

PART III – COMMUNITY PARTICIPATION

41.

Service to invite community participation

42.

Types of agreements for community participation

43.

Forest management agreements

44.

Management unit

45.

Procedure for entering into a community forest management agreement

46.

Forest-level management committee

47.

Monitoring of implementation

48.

Technical assistance from the Service

49.

Commercial activities

50.

Agreement with forest Association

51.

Zoning of forest areas

52.

Where plots may not be allocated

53.

Allocation of plots

54.

Conditions for permits

55.

Period of cultivation

56.

Planting of seedlings

57.

Monitoring by forest association

58.

Operational guidelines

PART IV – GENERAL PROVISIONS

59.

Transitional provisions

60.

Verification of various existing authorisations

61.

Forms and documents under these rules

62.

Fees

63.

Applicable law

64.

Repeat advertisement

65.

Registers

66.

Compliance with other laws

67.

Liability under other laws

68.

Forest to remain property of State

69.

Appeals

SCHEDULES

SCHEDULE

THE FOREST (CHARCOAL) RULES, 2009

ARRANGEMENT OF RULES

1.

Citation

2.

Application

3.

Interpretation

4.

Competent authority

5.

Establishment of associations

6.

Establishment of licensing committee

7.

Requirement for a licence

8.

Licence

9.

Exemption

10.

Renewal of licence

11.

Revocation, suspension or cancellation of licence

12.

Prohibition relating to licences

13.

Request to provide data

14.

Charcoal movement permit

15.

Record keeping

16.

Protection of endangered and threatened plant species

17.

Export permit

18.

Import permit

19.

Inspections

20.

General penalty

21.

Effect of conviction

SCHEDULES

FIRST SCHEDULE —

INFORMATION ON CHARCOAL PRODUCER ASSOCIATIONS

SECOND SCHEDULE

THE FORESTS (HARVESTING) RULES, 2009

ARRANGEMENT OF RULES

1.

Citation

2.

Interpretation

3.

Application

4.

General provision for harvesting

5.

Application for license

6.

Damages to resources in the harvesting area

7.

Harvesting equipment

8.

Stump height and top diameter

9.

Skid trail grades

10.

Timber marking

11.

General provision for removing forest produce

12.

Contents of delivery note and proof of origin

13.

Prohibition of endorsement by other persons

14.

Delivery note, proof of origin to be carried in the vehicle

15.

Timber delivery

16.

Receiving timber

17.

Record of timber or bamboo received

18.

Copy of records to be kept for twelve months

19.

Manager to compile records

20.

Collection of firewood

21.

Application for collection of forest produce

22.

Issue of license to collect forest produce

23.

Direction to leave public forest produce area

24.

Closure of forest roads

25.

Revocation of licenses

26.

Security bond

27.

Offences and penalties

SCHEDULES

SCHEDULE