Environmental and Natural Resourc Governance in Kenya

[Document subtitle]

[DATE]
[COMPANY NAME]
[Company address]
 THE KENYA STATE OF ENVIRONMENT REPORT 2019-2021

KENYA STATE OF ENVIRONMENT REPORT 2019-2021

THEME
ENVIRONMENT AND NATURAL RESOURCE GOVERNANCE

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A publication of the National Environment Management Authority (NEMA) Kenya

Copyright @2021, National Environment Management Authority, P. O. Box 67839
– 00200, Nairobi.

First Published in 2021

ISBN: 978-9966-1987-0-9

This publication may be produced in whole or in part and in any form for
educational or non-profit purposes without special permission from the copyright
holder, provided acknowledgement of the source is made.

National Environment Management Authority would appreciate receiving a copy

of any publication that uses this report as a source.

No use of this publication may be made for resale or for any other commercial
purpose whatsoever without prior permission in writing of the National
Environment Management Authority.

This is a Government of Kenya Publication and for bibliographic and reference

purposes this publication should be cited as: Government of Kenya (2021). Kenya
State of Environment Report 2019 -2021, Nairobi, Kenya.

To obtain copies of this publication and all correspondences, please contact:

The Director General

National Environment Management Authority
P.O. Box 67839 -00200 Nairobi
Tel +254-20-2307281
Email: [email protected]
Website: www.nema.go.ke

The use of information from this publication for publicity or advertising is not
permitted. Trademark names and symbols are used in an editorial fashion with
no intention of infringement on trademark or copyright laws.

We regret any errors or omissions that may have been unwittingly made.

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This report was prepared using funds provided by the Government of Kenya and
the United Nations Development Programme (UNDP)

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Contributors: This report is the result of the contributions of many institutions,

organizations and individuals. The National Environment Management Authority
is indebted to the many institutions and persons that contributed to the
accomplishment of the report. The National Environment Management Authority
acknowledges the generous financial support by United Nations Development
Programme (UNDP).

This work would not have been actualized without the dedicated efforts of the
lead authors and all contributors. The editors, designers and all the others who
contributed in one way or another are deeply appreciated.

The Key contributions were from the following authors:

Name Lead Chapter Affiliation

/Responsibility
Dr. Charles N. Lange Coordination of report National Environment
Development; Forward, Management Authority (NEMA)
Preface and
acknowledgement
Introduction & Final
document editorial
Francis Inganga Energy sector National Environment
Management Authority (NEMA)
David Koros Climate Change Kenya Meteorological
Department
Evans Masachi Minerals Ministry of Petroleum and
Mining
Sylvester Maithya Fisheries National Environment
Management Authority (NEMA)
Daniel Mbithi Forest Resources Kenya Forest Service
Solomon Kyalo Biodiversity Resources Kenya Wildlife Service
Francis Masai Biodiversity Resources Directorate of Resource Survey
and Remote Sensing
Ben Opaa Land tenure National Land Commission
Rose Nyamori Water Resources Water Resources Authority
Geoffrey Ominde Programme Coordinator United Nations Development
Programme
Raphael Mutitu Assistant Programme United Nations Development
Coordinator and Logistics Programme
Brian Muthoka Challenges and Governance Council of Governors
Eunice Fedha Strategies Council of Governors
Hosea Wanderi Heritage Resources National Museums of Kenya
Paul Nguru Agriculture and Livestock National Environment
Management Authority (NEMA)

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FOREWORD

Kenya's land area of 582,646 Km2 is endowed with fascinating environmental

landscapes and diverse natural capital assets comprising flora, fauna, water, and
minerals. These country's natural assets are critical foundations for sustainable
development for the country. For instance, the country's unique geographical
features, heritage sites, and diverse wildlife species are essential tourism
products that support the country's economic growth. Further, the natural
resources are key drivers of Kenya's development policies, such as the big four
agenda and the Vision 2030. For example, environmental and natural resources
are critical sources of food, raw materials for the manufacturing sector and offer
safeguards for managing risks associated with the spread of zoonotic diseases.
Recently, it has been estimated that natural resources contribute about 42% of the
country's Gross Domestic Product (GDP) and support about 70% of the country's
population's livelihoods.

These valuable natural assets, however, face significant conservation challenges.

For instance, Kenya has been classified as a water-scarce country. These water
resources are reported to be declining (water resources available in 2010 was
586m3 per capita per year against the global benchmark of 1000m 3). More so,
wildlife species that once spread across landscapes have declined in numbers,
with some Red-listed as threatened by the International Union for the
Conservation of Nature (IUCN). The country forest cover remains below the
constitutional threshold of 10% tree cover while land degradation remains
widespread.

Recognizing the value of the environment and natural resources in the economic
development of the country and the challenges these resources face, the
Government of Kenya, in collaboration with local and international stakeholders'
places environment and natural resources governance as a national priority. As a
result, over the years, as a sign of commitment to strengthening environmental
and natural resources governance for enhancing conservation of these resources,
Kenya has developed several relevant policies, enacted a range of relevant legal
frameworks, and established institutions meant to advance the conservation of the
environment and natural resources in the country.

To monitor the scenarios of environmental and natural resource changes, the

Government of Kenya, through the National Environment Management Authority
(NEMA), produces the State of Environment Report every two years as provided
under EMCA section 9 (2) (P). The State of the Environment, which has been
produced since 2003, serves as a vital tool for guiding Kenya's environmental
situation. It spells strategies that would provide sustainable management of the
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environment and natural resources. The strategies mainstreamed through this

report form the building blocks for many policy documents and agendas for the
country both at the national and County level. I am informed that this report
developed by key experts in environment and natural resources focuses on
providing salient governance aspects that require attention to ensure sustainable
conservation of our country's environment and natural resources. I want to
indicate that my ministry welcomes the report and will strive to mainstream the
provisions in the ministry work. I also urge stakeholders to consider familiarizing
themselves with the document and incorporating the recommendations to tier
activities. Lastly, recommend the team that developed the report for good work.

Keriako Tobiko
Cabinet Secretary,
Ministry of Environment and Forestry

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PREFACE

Kenya is blessed with rich biodiversity and enjoys a unique tropical climate with
varying weather patterns due to differing topographical dimensions that support
the biodiversity. The country has a wide variety of ecosystems: mountains,
forests, arid and semi-arid areas (ASALs), freshwater, wetlands, coastal and
marine. In addition to hosting diverse and unique landscapes and natural
resources, these offer many opportunities for sustainable human, social and
economic development. These ecosystems are natural capitals that provide
essential ecosystem goods and services such as soil formation, nutrient cycling,
and primary production.

The socio-economic well-being of Kenyans is intertwined with the environment.

Therefore, the country's environmental and natural resources contribute directly
and indirectly to the local and national economy through revenue generation and
wealth creation in critical sectors like agriculture, fisheries, livestock, water,
energy, forestry, trade, tourism, and industry. Monitoring and reporting on the
trend of these environmental resources is important for sustaining both
ecological and economic benefits for present and future generations. In addition,
it provides for the alignment of governance systems to ensure a sustainable
environment and natural resources conservation.

The environment and natural resources governance comprise one of the most
critical environmental and natural resources conservation components.
Fortunately, Kenya has rich history of environmental and natural resources
governance. Traditionally, many communities provided cultural practices that
safeguarded against the wanton destruction of the environment and natural
resources. Later the current environment and natural resources governance
regimes were rolled by communities building on community-based approaches.
Today environment and natural resources governance continue to recognize
community involvement. Whereas the country presents a rich history of
environment and natural resources governance, several challenges have been
witnessed affecting the country's environment and natural resources. This
situation prompted the raising of major concerns on the governance of our
environment and natural resource assets resulting in a reflection on relevant
policies and legal frameworks, and institutional arrangements.

To appreciate the ongoing governance efforts, identify successes and areas for
further strengthening, a review of environment and natural resources governance
has been ongoing. This report reflects on the review by key lead agencies and
stockholders in the environment and natural resources. I am informed that the

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report presents valuable information covering our environment and natural

resources, and governance situation.

Therefore, the report presents an essential tool for enhancing knowledge of

Kenya's environment and natural resources and providing valuable insights for
strengthening governance. I call upon all stakeholders in the environment and
natural resources sector to utilize the provision of the report.

Dr. Chris Kiptoo

Principal Secretary, Ministry of Environment and Forestry

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ACKNOWLEDGEMENT

The Environment and Natural Resources Governance present one of the most
valuable components for advancing sustainable environment and natural
resources management and conservation.

It is mainly because of effective and efficient governance systems that offer

solutions to many challenges that our environment and natural resources face. In
Kenya, environment and natural resources remain the backbone of our economy
and supports a substantial part of the Kenya Gross Domestic Product (GDP) and a
large part of the community socio-economies.

To provide an effective and efficient environment and natural resources

governance, information or data on the environment and natural resources is
critical. One approach for providing data for guiding effective and efficient
governance is by profiling the environment and natural resources. In Kenya,
profiling the environment situation started in 2003 following mainstreaming of the
provision for preparing the state of environment report in Environmental
Management Coordination Act, 1999. Under EMCA, 1999, NEMA coordinates the
profiling of the environmental situation in collaboration with stakeholders.

The development of this report, which presents expanded profiling of the

environment and natural resources with emphasis on governance mechanisms,
serves as an essential tool for supporting and applying an effective and efficient
environment and natural resources conservation in Kenya. The report, which
contributes from key relevant lead agencies, provides the best information and
data for supporting decision-making for environment and natural resources
governance. Therefore, I urge all stakeholders involved in the environment and
natural resources to familiarize themselves with this report and consider utilizing
it.

I am aware that the report's development in environmental monitoring and

reporting involved rigorous work of skilled, relevant experts, resources, and
time.

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Many experts from lead agencies spend many hours piecing technical
information together. I take the opportunity to thank these lead agencies and
their experts for the time spent to make this report a success. I also wish to thank
the United Nations Development Programme (UNDP) for providing financial
support in the development of this report. The technical coordination of the
information was done by experts from NEMA and would also like to recognize the
diligent coordination provided by NEMA technical team.

Mamo B. Mamo
Director General
National Environment Management Authority

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EXECUTIVE SUMMARY

Kenya's unique environments and rich natural resources are critical national
treasures for providing valuable ecosystem goods and services for sustainable
development. It is estimated that the National Resources contribute about 42% of
the country Gross Domestic Product (GDP) and support 70% of peoples'
livelihoods. These essential national treasures thrive in a changing space which
affects their status. This executive summary report provides two key highlights to
appreciate our country's unique, rich environment and natural resources while
reflecting on the best approaches for sustainable conservation.

First, the report provides on the situation of environment and natural resources in
Kenya. Secondly, the summary report profiles governance aspects that affect
sound environment and natural resources conservation and concludes with
provisions on strengthening the governance aspects. The critical situations on the
environment and natural resources highlighted concerning governance aspects
include;

Population, environment and development where Kenya currently stands at

47,564,296 people of which 23,548,056 are Males, 24,014,716 are Females, and
1,524 are Intersex. The registered population is an increase from previous years of
census. The increase is more pronounced in urban areas where the population has
risen rapidly compared to rural areas, to the extent that it is overstretching the
current infrastructure and services. As a result, informal settlements in urban
centers have become common, leading to environmental degradation due to
increased solid waste, effluents, and changes in environment integrity.

The patterns of population structure presented by the country's demographics have

implications on the environment and natural resources conservation and
governance. The youth who comprise a significant part of the population are largely
jobless and tend to rely heavily on natural resources. Women who are majority
compared to men, owing to their roles in family set-up especially in rural areas,
tend to be more connected to the environment in activities like fetching firewood
and water, among others. Therefore, strengthening youth and women
mainstreaming in environment and natural resources governance is instrumental.

Population issues such as demographics divided among others influence the

country's economic growth. For Example, 2019 registered a slow economic growth
with the Gross Domestic Product (GDP) of 5.4%, compared to 6.3% in 2018.
Therefore, economic status influences the status of the environment and natural
resources, with poorly performing economies tending to push people to increased
reliance on natural resources. Thus people, the economy, environment, and natural

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nexus present relationships that require understanding and application for ensuring
effective environment and natural resources governance.

Land Tenure which involves the system of rights and institutions that govern
access to land and other resources has been found to play a crucial role in
ensuring sustainable development, poverty control, and land and natural
resources protection. The country has historically witnessed several land tenure
challenges, some of which remain unresolved and bordering on tenure security.

The implications being sustainable environment and natural resources

conservation and governance issues. The conservation of the environment and
natural resources under different land tenure systems (communal, private, and
trust lands) presents different outcomes, indicating that mainstreaming land
tenure in the environment and natural governance at national and County levels
is paramount. Despite the issues surrounding land tenure, the Government has
made efforts to strengthen land tenure systems previously. A fundamental
approach is through legal frameworks and institutional reforms, for example, the
adoption of the National land policy in 2009, the passage of the Constitution of
Kenya 2010, and the establishment of the National Land Commission, which
provide mechanisms for addressing and administering complicated land tenure
systems in the country. Implementation of these Government efforts on land
tenure provide for a pathway to addressing the many challenges that affect
various sectors depended on land tenure for sustainable environment and natural
resources governance.

Climate change is one of the fundamental phenomena that shape the situation of
the environment and natural resources. It has been discussed in this report to
underscore the need for climate change mainstreaming in environment and
natural resources governance. Climate change manifestation is shifting climatic
conditions in Kenya, with many areas now facing frequent and severe droughts
and major flash floods. These climate change manifestations are changes in
ecological conditions that affect natural resources and environmental patterns
while influencing natural resource exploitations. Scientific data present climate
change manifestation through precipitation and temperature data that have
shown clear evidence of change.

Further evidence provides that climate change is causing significant shifts in

plant and animals distributions patterns.

More so, climate manifestation is placing a trail of land degradation across the
country as witnessed by emerging patterns of soil erosions as flash floods
sweeping landscapes, spreading desertification, and shifting land cover. The

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implications of the changes due to climate change are diminishing status of the
country's unique environment and rich natural resources, which subsequently
affect the sustainable development of many aspects of the society livelihoods. To
address the impacts of climate change, the Government has been initiating
adaptation, mitigation, and resilience efforts across the country in partnership
with various partners with notable efforts in the legal frameworks and institutional
reforms to address climate change better. Key governance reforms undertaken
include establishing the climate change Act, 2016 that provided for institutional
arrangements to better respond to climate change. The critical institutional
structure is establishing the Climate Change Directorate within the Ministry
responsible for the environment to spearhead various aspects of climate change
and loading more climate-related duties to the National Environment
Management Authority (NEMA in section 17 of the Act.

Further provisions on public and private entities on climate change are provided
for by law. The Act also includes County Governments' overall contributions in
climate change and various mechanisms for climate change finance. It is a
significant milestone in environment and natural resources governance as
continued implementation of the provisions of the climate change Act, 2016 offers
an opportunity to control the impacts of climate change on the environment and
natural resources. Therefore, continued implementation of the Climate Change
Act, 2016 and customizing it to counties for supporting the environment and
natural governance is encouraged.

From the natural resources front, Water Resources are among the most critical
national treasures. Water is life, and true to this saying, areas with sufficient
water supply present ecosystems with ecological conditions that support high
diversity and abundance of biodiversity and even high population levels. On the
contrary, dry landscapes with limited water resources have low biodiversity and
a sparse population. The extreme landscapes like the Chalbi Desert of Marsabit
County barely support living organisms. In Kenya, water resources vary across
the country.

Projections from the water master plan indicate that the country has limited
natural renewable water resources estimated at 42.1 BCM/year, consisting of 20.6
BCM/year of surface water and 21.5 BCM/year of groundwater recharge.
Projections of the available water from the basins point to decreasing water
availability across the country in the future, with some basins such as the Athi
basin barely meeting the water demand since 2009. The other basins that
currently appear sustaining water demand face declining water resources
scenarios for the future subject to the governance of these resources. In 2010, the

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per capita water resources available was 586 m3 per year against the global
benchmark of 1000m3. The water resources situation has been subject to
catchment conservation. Unfortunately, it has been facing destructions and
contaminations with pollutants resulting in water resources flow and quality.
While water resources have been worrying, following devolution, governance
issues have emerged with concerns on the exploitation of transboundary water
resources with catchment on one County but flowing across several counties.
These concerns exist despite provisions on various legal frameworks such as the
Constitution of Kenya 2010 and Water Act 2016, including critical institutions such
as the Water Resources Authority (WRA) to offer governance oversights.

Further reflection on transboundary water resources is vital to tame agitation.

Some engagements between the County and national Governments are ongoing
and should be supported and concluded to provide a clear governance
framework. It is further essential that a transboundary natural resource
governance program be undertaken to clearly understand the gaps and best
approaches to these resources' governance for mainstreaming legal frameworks
and institutional arrangements.

Under Agriculture, Livestock and Fisheries fall the unique fish resources,
bees, termites, and indigenous vegetables, among other resources that support
the sector. These resources comprise critical resources for supporting
ecosystems' perpetuity through ecosystem services such as pollination, control of
pests, and food supply to humans and other living organisms. In addition to
being a key source of food, the fishery industry serves as an essential source of
income for many people. Fishing thrives in freshwater ecosystems,
predominantly major freshwater lakes, and marine ecosystems in the Indian
Ocean. Whereas fishing has been a mainstay for many years, previously fish
output started to present declining trends. In 2019, the sub-sector realized a
decline in total fish production from 154,671 thousand tonnes in 2018 to 146.5
thousand tonnes in 2019. The declining fish output has been attributed to
overfishing and changing aquatic ecological conditions. The numbers of fishing
communities have been increasing and therefore increase in fishing activities
which cause overfishing. Secondly, most aquatic ecosystems, especially
freshwater lakes, have recorded pollution patterns that may affect marine life,
including fish.

Similarly, terrestrial ecosystems face increasing pesticide applications that have

implications on bees and other valuable insects and animals. The ensuing
patterns of valuable natural resources point to some challenges in their
governance. Whereas there is a recent and elaborate legal framework covering

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fisheries known as Fisheries Management and Development Act, 2016 with

requisite institutional arrangements such as the Kenya Fisheries Services, the
sub-sector continues to witness some management issues in the governance of
the sub-sector.

Further, other resources that border on agriculture, such as bees, among other
useful plants and animals' governance, appear to require reflection for identifying
areas for strengthening governance for guaranteeing sustainability. Notable
areas of consideration are reviewing laws that govern them, capacity
development, and research data generation.

The other aspects of agriculture and livestock that take the form of agriculture
subsistence and commercial crop and animals' husbandry have presented
patterns that have implications for the environment and natural resources. For
instance, more natural land is being replaced with crop farming, and many
pastoral areas have witnessed overstocking. The results are largely land
degradation, soil fertility decline, and loss of biodiversity and environmental
aesthetics. Agriculture and livestock are key drivers of Kenya's economic
development. However, often conservation interests are not mainstreamed to
agriculture and livestock.

It results in the degradation of the environment to the extent that restoration of the
degradation becomes a challenge casting a doomed future on environment
conservation in the agriculture sector. Agriculture and livestock are key sources
of Greenhouse gas emissions and thus drivers of climate change.

Previously recognizing the value for mainstreaming conservation in agriculture

and livestock, conservation and smart agriculture initiatives are ongoing. The
initiatives remain to be adopted country-wide. In view of this, consideration for
strengthening conservation in agriculture and livestock governance is advocated
for, including research for further innovations that protect the environment.

Mineral Resources comprise another essential natural treasure. The country is

endowed with high-value minerals like gold, niobium, copper, zinc, and gypsum,
bringing huge revenue to our country. For instance, a total of KSh 30.4 Billion was
collected as revenue in 2018 for the mining sector, and it was a 5.9% growth from
the previous year.

Some of the known mineral-rich belts in the country include Migori for gold and
Taita County for gemstones. Other areas remain to be fully assessed and
profiled.

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The sector is believed to be underexploited and, once fully exploited, will

positively transform Kenya's economy.

This vital natural resource remains underexploited mainly due to several factors
ranging from governance challenges to limited investments, capacity, and
research data issues. The value of these resources makes the sector receive a lot
of interest, creating some governance challenges. The Mining Act of 2016 was
delivered to address many minerals governance issues previously witnessed.
The Act provides for aspects of legal and institutional arrangements necessary for
enhancing minerals sector governance. The law is still under implementation
and is believed to pave the way for effective management of the sector to
advance sustainable development and address mining issues affecting other
sectors. Owing to the nature of mineral exploitations, it often results in significant
environmental impacts. The minerals sector governance requires a
comprehensive management arrangement covering both administrations of the
minerals explorations and exploitations while at the same time looking into the
associated environment and natural resources impacts. More important, though,
is research to generate data for guiding sound management of minerals in the
country and capacity building both human and infrastructure, particularly on
certification laboratory.

On the other hand, the energy sector plays a critical role in the socio-economic
development of a country. The Kenya Vision 2030 identified energy as one of the
infrastructure enablers of its social and economic pillar. Currently, the energy
sector relies wholly on the importation of all petroleum requirements. However,
with the discovery of oil in Northern Kenya, this trend is likely to change soon.
Commercial energy is dominated by petroleum and electricity, while wood fuel
provides energy for domestic use, especially in rural communities. At the
national level, wood fuel and other biomass account for about 68% of the total
primary energy consumption, followed by petroleum at 22%, electricity at 9%,
and other fuel sources (including coal), standing at less than 1%. Solar energy is
also highly used for drying and, to some extent, for heating and lighting. The total
supply of non-renewable feedstocks was 75,559 Tera Joules (TJ) in 2019. Total
supply continued to reduce due to a ban on illegal logging of Government forests
in the review period. Households demanded about 95 percent of non-renewable
feedstocks in 2019. 98.3 percent of all electricity supplied was produced
domestically, where 88.5 percent was renewable in the review period. In 2019,
the total electricity demand locally was 31 3874.13 TJ. From an environmental
and natural resources perspective, the energy sector, mainly non-renewable
energy, is a significant source of Greenhouse gas emissions which fuel climate
change manifestations. Secondly, the use of wood fuel is a substantial cause of
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environmental destruction. Thousands of tonnes of wood fuel consumed every

year are trees that come from our forests, destroying our unique environment and
natural resources. The efforts towards the supply of renewable energy are still
ongoing. However, they remain scarce in most parts of the country due to the
high cost of acquisition and maintenance of electricity beyond many people's
capability. Therefore, the championing of the environment and natural resources
governance requires mainstreaming energy and vice versa. It will help identify
areas of improvement to support the environment and natural resources
governance while advancing the energy sector.

The Biodiversity resources comprise another important national treasure that

brings pride to the country. The country harbors thousands of flora and fauna
species spread across the country. It is currently estimated that the country hosts
about 1,100 species of birds, over 7,004 species of plants, over 25,000 species of
invertebrates, over 769 species of fishes, over 250 small mammals, many large
mammals, and over 260 species of reptiles. The country's biodiversity primarily
thrives in the country's protected areas such as national parks, national reserves,
and conservancies. Some biodiversity also occurs outside protected areas in
community settlement lands. This rich Kenya's biodiversity treasure has
successfully thrived owing to historically active biodiversity governance.
Biodiversity governance in Kenya comes from a community perspective since
time immemorial. Many Kenyan communities held taboos, beliefs, and practices
that provided for safeguarding animals and plants. These cultural biodiversity
conservation governance practices exist even to date, and owing to their
contribution to biodiversity conservation, they are recognized in the existing
biodiversity conservation frameworks. Examples of these are coastal Kenya Kaya
forests and Maasai landscapes, where they co-exist with wildlife. Through the
National Museums and Heritage Act, 2006, Kaya forests are recognized and
mainstreamed in the cultural practices associated with Kaya forest's heritage
governance. Similarly, the Wildlife Management and Conservation Act, 2013
mainstream community wildlife conservation in the biodiversity governance
system.

The cultural and community biodiversity governance took stage at a pretty early
and timely period when the country was still well endowed with biodiversity. The
first protected National Park came to be in 1946, and subsequently, others
followed soon after. Today over 50 gazetted protected areas are spread across
the country and several community conservancies. Whereas the biodiversity
governance faced challenges in the 1970s, resulting in mass killings of elephants,
the country quickly instituted reforms resulting in a return to solid biodiversity
governance. Later legal reforms followed, resulting in the enactment of the
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Wildlife Management and Conservation Act, 2013, that came with significant
governance alignments responding to the provisions of the Constitutions of
Kenya 2010 and emerging issues in biodiversity conservation. Other related
legal frameworks reforms that responded to biodiversity governance include the
Environmental Management and Coordination Act which happened in 2015,
among others. Fortunately, extensive research from a range of agencies has also
been happening to guide biodiversity governance.

Despite the historically rich biodiversity governance instituted over many years,
the biodiversity treasures still face many challenges, indicating that continued
strengthening of governance systems is still required. The country still witnesses
the decline of some species, invent and aggressive spread of invasives that affect
native biodiversity, climate change impacts and challenges of encroachment and
destruction of biodiversity protected areas by humans, and some human-wildlife
conflicts, among other issues. Further, many research work investments in
biodiversity, information access, and regular updating to guide sound
governance remain wanting. Moreover, coordination of biodiversity governance
among key players despite clear legal frameworks faces challenges in managing
duplication of efforts, ensuring a good investment of resources, and allowing for
mutual partnerships.

It calls for a reflection of the current biodiversity governance status with a view
for further legal and institutional reforms to better respond to some issues that
still affect sound biodiversity management and conservation. Biodiversity is a
tourism product generating the country's foreign exchange that supports
sustainable development. Thus, effective biodiversity governance is critical for
realizing biodiversity conservation for supporting sustainable development in
line with national, regional, and global aligned agendas.
The Forest Resources though form part of biodiversity resources, in this report
are profiled separately to underscore their critical role in contributing to
environment and natural resources treasures promotion and national
development agenda. Forests stand as the foundation of the trophic niches or
food chains in nature. Therefore, they play a critical role in shaping biodiversity
and ecosystem conservation, and landscaping. Currently, the country is
estimated to have about 7.29% forest cover growing from below 7% previously. It
is below the constitutional threshold of 10% tree cover. According to an
assessment report from Kenya Forest Service, the forest cover across counties
vary from the highest with about 38% forest cover at Nyeri County to the least at
Siaya County, estimated to be 0.42% forest cover. The presented patterns of
forest cover nationally and at the County level indicate that forests in Kenya have

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been facing conservation challenges. Previously, as provided in various reports,

the country witnessed rampant deforestation where many forests faced
destruction following tree harvesting for multiple uses, with the most notorious
destruction attributed to illegal charcoal burning and commercial logging. In the
1990s, the situation of the forests become worrying, with reports around this
period indicating that forest cover was nearly approaching below 5%. This
situation alarmed conservationists and the Government, resulting in a review of
governance systems in the forest sector.

Therefore, the period that followed from 2000 onwards was characterized by
significant governance reforms focusing on legal and institutional strengthening.
During this period, the Forests Act of 2005 came to be to strengthen forest
governance and created a new institutional arrangement under the Kenya Forest
Service. About ten years later, the Forests Act, 2005 underwent a review to
become Forests Conservation and Management Act, 2016 aligning forests
governance to the Constitution of Kenya 2010 and other innovations. The
Constitution of Kenya 2010 provides some aspects of forest governance under the
County Governments as provided in schedule 4 of the constitution. To ensure a
smooth transition of the devolved forest functions, engagements between the
County Governments and national Government agencies, specifically Kenya
Forest Service, have been ongoing under the transitional implementation plans
(TIPs).

To provide for the good governance of the critical forests resources for sound
conservation to support ecosystems goods and services and sustainable
development, the ongoing engagements under TIPs require a conclusion,
providing comprehensive forest governance through national and County
Governments and other levels of cooperation.
The Heritage Resources mirror the biodiversity and forest resources scenarios.
Over 300 heritage sites are known, which are the central part of the heritage
resources recognized. Their governance is under the National Museums, and
Heritage Act, 2006, with the National Museums of Kenya being the leading
institution overseeing the heritage sites. However, other legal frameworks such
as the Wildlife Management and Conservation Act, 2013; Forest Conservation and
Management Act, 2016 and Environmental Management and Coordination Act,
1999 and a range of County laws, among others, contribute to safeguarding
heritage site conservation. Several institutions involved in environmental and
natural resources conservation, such as Kenya Wildlife Services, Kenya Forest
Service, and National Environment Management Authority, contribute in
advancing heritage resource governance. Critical issues on heritage resources

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conservation are related to those affecting biodiversity and forests

predominantly, illegal encroachment, destruction of the sites, and grabbing.
Though efforts have been dedicated to safeguarding the heritage resources, the
noted issues continue to present challenges demonstrating that heritage
resources governance still requires reflection to identify areas of improvement.
It is over ten years now since the National Museums and Heritage Act, 2006 was
enacted, meaning a review to address new and emerging issues is imminent.

More so, given the broad coverage to heritage resources, a re-look at related
agencies mandates with the intention to address overlaps and conflicts is
advocated.

Also briefly profiled in this report is the tourism to reflect on how the sector can
be mainstreamed in environment and natural resources governance to address
their potential impacts. The environment and natural resources primarily drive
the tourism sector. These comprise beautiful landscapes, mountains that have
rich and diverse wildlife that are essential tourism products. Millions of tourists
visit Kenya every year to enjoy the country's unique environment and natural
resources. In the course of tourism promotion, some environmental and natural
resource impacts have been observed. For instance, there have been off-road
drives in parks damaging some vegetation, an upsurge in hotels that increase
solid waste and effluent discharge, stress to animals when tourists overcrowd,
including dis-figuring natural landscapes when hotels over-crowd. Previously
some of these issues have been raised and handled.

Nevertheless, the situation due to Covid 19 came slowing tourism. As the covid
pandemic gets sorted out in the future, tourism is expected to bounce back.
Therefore, it is worthwhile that tourism governance mechanisms covering the
related laws and governance institutions for strengthening management of
tourism-related issues that may degrade our unique environments and rich
natural resources are handled beforehand. Finally, previous concerns arose
regarding collecting tourism fees by selected County Governments, agitating for
taking over from the national Government and delineating such tourism sites from
other counties. It presents a governance challenge that requires reflection too.

The Solid Waste scenario largely important because it is a major challenge that
affects the environment and natural resources. Currently, Kenya faces an
increasing challenge in the management of solid waste, particularly at urban
centers. Most urban centers are characterized by many illegal dumpsites that
form major sources of environmental pollution. No properly engineered sanitary
land-fill has been established in the country.

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Despite the worrying solid waste situation, the country has several solid waste
governance instruments such as the Waste Management Regulations of 2006
under EMCA, 1999. Furter a waste management bill is under development and e-
waste regulations under EMCA, 1999 are on the final stages of gazettement.
County Governments are responsible for solid waste management as provided in
the Constitution of Kenya 2010.

Conclusion and Recommendations

The environment and natural resources that shape Kenya's economic landscape
face conservation challenges that may compromise tier sustainability. The
challenges are primarily due to status governance accorded to these treasures.
The country as over the years, instituted many legal and institutional
arrangements for strengthening environment and natural resources governance.
These efforts have yielded some impressive contributions to the environment and
natural resources conservation. However, the situation of the environment and
natural resources conservation remains a concern. It demonstrates that if the
country is to realize effective and efficient conservation of her environment and
natural resources, regular governance situation analysis is critical to capture
lapses and identify areas of investments. Effective and efficient governance offers
the best opportunity for realizing national environment and natural resources
conservation aspirations in line with national, regional, and global agendas. The
key to supporting effective and efficient governance lies in qualitative research
data. Therefore, continuous research for supporting various aspects of
environment and natural resources governance is critical. More so, environment
and natural resources governance requires the involvement of stakeholders in
this regard. Modalities for stakeholders' active participation for implementations
requires devising and mainstreaming in the environment and natural resources
governance and perhaps customizing geographically and in unique situations.

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TABLE OF CONTENT

FOREWORD vi

PREFACE ix

ACKNOWLEDGEMENT x

EXECUTIVE SUMMARY xii

TABLE OF CONTENT xxiii

LIST OF FIGURES xxvii

LIST OF TABLES xxx

ACRONYMS AND ABBREVIATIONS xxxii

CHAPTER 1. INTRODUCTION 1
1.1: PRINCIPLES OF ENVIRONMENT AND NATURAL RESOURCES GOVERNANCE 1

CHAPTER 2. OVERVIEW OF ENVIRONMENT AND NATURAL RESOURCES IN KENYA 3

2.1: POPULATION AND ENVIRONMENT 3

CHAPTER 3. LAND TENURE AND ENVIRONMENT 8

3.1. INTRODUCTION 8
3.2. LAND TENURE AND ENVIRONMENTAL MANAGEMENT 8
3.3. LAND AND DEVELOPMENT 9
3.4. HISTORICAL CONTEXT OF LAND AND THE LAND QUESTION IN KENYA 11
3.4: INSTITUTIONAL LANDSCAPE FOR LAND AND NATURAL RESOURCES IN KENYA 15

CHAPTER 4. CLIMATE CHANGE 17

4.1: EVIDENCE OF CLIMATE CHANGE IN KENYA 17
4.2: PROJECTED RAINFALL CHARACTERISTICS OVER KENYA IN 2030 19
4.3: CURRENT TEMPERATURE SITUATION 19
4.4: SPATIAL DISTRIBUTION OF ANNUAL MAXIMUM TEMPERATURE IN THE PAST, PRESENT AND
FUTURE 21
4.5: ANNUAL MINIMUM TEMPERATURE DISTRIBUTION FOR THE PAST AND FUTURE 23
4.6: GREENHOUSE EFFECT AND GLOBAL WARMING 23
4.7: CLIMATE SCENARIO 25
4.8: IMPACTS OF CLIMATE CHANGE ON ENVIRONMENT AND NATURAL RESOURCE IN KENYA 26

CHAPTER 5. WATER RESOURCES 29

5.1 INTRODUCTION 29

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5.1 SITUATIONAL ANALYSIS 30

Water Quality 32
5.2 WATER AND SANITATION 37
5.3 WATER RESOURCES GOVERNANCE SITUATION 39
Wetlands and Marine Resources 42
5.5 DRIVERS, PRESSURES, IMPACTS AND RESPONSE STRATEGIES 52
5.6 OPTIONS FOR STRENGTHENING WETLANDS GOVERNANCE 53

CHAPTER 6. AGRICULTURE, LIVESTOCK AND FISHERIES 54

6.1 INTRODUCTION 54
6.3 LIVESTOCK 56
6.4 FISHERIES 59
6.5 CHALLENGES AFFECTING AGRICULTURE, LIVESTOCK AND FISHERIES IN KENYA 66
6.6 SOILS 67

CHAPTER 7. MINERAL RESOURCES 69

7.1. INTRODUCTION 69
7.2. MINERAL EXPLORATION 69
7.3. PETROLEUM EXPLORATION 71
7.4. SITUATIONAL ANALYSIS - MINERAL RESOURCES 72
7.5. GOVERNANCE IN MINING SECTOR 76
7.6. MINING INSTITUTIONS AND BODIES 77
7.7. CHALLENGES FACING MINING INDUSTRY 78

CHAPTER 8. ENERGY RESOURCES 79

8.1 INTRODUCTION 79
8.2 SITUATION ANALYSIS 79
8.3 ENERGY EFFICIENCY 88
8.4 ENERGY ACCOUNTS 88
8.5 ENERGY BALANCE 89

CHAPTER 9. BIODIVERSITY RESOURCES 90

9.1 INTRODUCTION 90
9.2: THE LARGE MAMMALS 91
9.3: SMALLER MAMMALS, REPTILES, AND AMPHIBIANS 91
9.4: THE BIRDS 92
9.5: FISH 92
9.6: PLANT SPECIES DIVERSITY 93
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9.7: BELOW-GROUND MICRO-ORGANISMS 94

9.8: WILDLIFE CONSERVATION AREAS 94
9.9: TERRESTRIAL PARKS AND RESERVES 96
9.10: THREATS AND CHALLENGES TO WILDLIFE CONSERVATION AND MANAGEMENT 101
9.11: WILDLIFE MIGRATORY ROUTES AND CORRIDORS 102
9.12: HUMAN-WILDLIFE CONFLICT 107
9.13: WILDFIRES AND IMPACTS ON WILDLIFE PROTECTED AREA SYSTEM ECOLOGY 109
9.14: KEY BIODIVERSITY AREAS (KBAS) PERFORMANCE ASSESSMENT 114
9.16: INVASIVE SPECIES 117
9.17: GOVERNANCE OF BIODIVERSITY 120

CHAPTER 10. FOREST RESOURCES 128

10.1 INTRODUCTION 128
10.2 STATUS OF FORESTS 128
10.3 FOREST TYPES 129
10.4 FOREST COVER PERCENTAGE IN THE COUNTIES 134
10.5 IMPORTANCE OF FORESTS 137
10.6 FOREST DEGRADATION 138
10.7 LAND USE CHANGE 140
10.8 INTERVENTIONS FOR INCREASING FOREST COVER 142
10.9 FOREST MANAGEMENT ISSUES OF ENVIRONMENTAL CONCERNS 143

CHAPTER 11. HERITAGE SITES 144

11.1 INTRODUCTION 144
11.2 THE KENYA LAKE SYSTEM IN THE GREAT RIFT VALLEY 146

CHAPTER 12. TOURISM AND ENVIRONMENT 147

12.1 INTRODUCTION 147
12.2 ENVIRONMENTAL CHALLENGES ASSOCIATED WITH TOURISM 149

CHAPTER 13. ENVIRONMENT AND NATURAL RESOURCES GOVERNANCE SYSTEMS

151
13.1 INTRODUCTION 151
13.2 HISTORY OF NATURAL RESOURCES MANAGEMENT IN KENYA 151
13.3 INTERNATIONAL LEGAL FRAMEWORKS 152
13.4 NATIONAL LEGAL AND POLICY FRAMEWORKS 153
13.5 COUNTY BASED LEGISLATION AND DEVELOPMENT AGENDA 169

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CHAPTER 14. INSTITUTIONS PERSPECTIVE/ROLE IN ENVIRONMENT AND NATURAL

RESOURCE GOVERNANCE 171
14.1 PUBLIC INSTITUTIONS 171
14.2 MINISTRY OF ENVIRONMENT AND FORESTRY 171
14.3 PRIVATE SECTOR 180
14.4 THE INTERNATIONAL AGENCIES 181

CHAPTER 15. STRATEGIES FOR ENHANCING ENVIRONMENT AND NATURAL

RESOURCES GOVERNANCE 182

CHAPTER 16. CONCLUSION AND RECOMMENDATION 193

REFERENCES 196

ANNEX I: LIST OF HERITAGE SITES IN KENYA 205

ANNEX 2: GAZETTED FORESTS IN KENYA AS AT 31ST DECEMBER, 2017 213

ANNEX 3: COUNTY MAPPING ON LEGAL AND INSTITUTIONAL ARRANGEMENTS 223

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LIST OF FIGURES

Figure 4-1: Rainfall Trend for Kericho Met. Station ...................................... 18

Figure 4-2: Rainfall Trend for Nairobi Dagoretti Met. Station ....................... 18
Figure 4-3: Projected annual rainfall trends in Kenya by 2030..................... 19
Figure 4-4: Maximum temperature trend for Mombasa Met.station ............. 20
Figure 4-5: Maximum temperature trend for Lodwar Met.station ................. 20
Figure 4-6: (a, b and c). Annual maximum temperatures in the past, current
and future (2050) respectively ..................................................................... 21
Figure 4-7: Dagoretti Met-Station Annual Minimum Temperature Trend ..... 21
Figure 4-8: Kakamega Met-Station Annual Minimum Temperature Trend .... 22
Figure 4-9: Mombasa Met-Station Annual Minimum Temperature Trend ..... 22
Figure 4-10: a, b, & c) Illustrates an Increase in Annual Minimum
Temperatures.............................................................................................. 23
Figure 4-11: Demonstrate Total National Greenhouse Gas Emissions .......... 24
Figure 4-12: Relative Contribution of the Various Gases .............................. 24
Figure 4-13: Total Sector Greenhouse Gas Emissions .................................. 25
Figure 5-1: The Water drainage basins in Kenya.......................................... 30
Figure 5-2: Water Demand Trends in Catchment Areas (Units: MCM) .......... 32
Figure 5-3: Electrical Conductivity of Ewaso Ng’iro River ............................. 33
Figure 5-4: Total Dissolved Solids of Ewaso Ng’iro River .............................. 34
Figure 5-5: Trends in pH for Selected Water Bodies ..................................... 34
Figure 5-6: Concentrations of Nitrates at LVNCA ......................................... 35
Figure 5-7: Abstraction and recharge levels at various stations in ENNCA ... 36
Figure 5-8: Heights Variations of Lake Turkana .......................................... 36
Figure 5-9: Trend in Water and Sewerage Coverage ..................................... 38
Figure 5-10: Rainfall and lake water levels in selected months of 2019/2020
................................................................................................................... 45
Figure 5-11: Fishing Boats on the Lake Shore ............................................. 45
Figure 5-12: Major Springs in Kenya ........................................................... 47
Figure 5-13: Elephants grazing along the riparian zone of Lake Jipe ............ 50

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Figure 5-14: Invasive species water cabbage Pistia stratiotes in the shores of
Lake Jipe .................................................................................................... 50
Figure 5-15: Fishermen in A Traditional Vessel in Lake Jipe ........................ 51
Figure 6-1: The Relationship between Agricultural Performance and the
National Economy ....................................................................................... 54
Figure 6-2: Real Agriculture Growth Rate, 2015 -2019 ................................ 56
Figure 6-3: Population Trends of Major Livestock Species ............................ 58
Figure 6-4: Kenya's Territorial Oceanic Waters Delineation .......................... 60
Figure 6-5: Fish production by quantity and value 2009-2018 .................... 61
Figure 6-6: Temporal variation in the total annual fish landings and water
level fluctuations in Lake Turkana .............................................................. 62
Figure 6-7: Trends of the fish biomass in the Kenyan part of Lake Victoria .. 63
Figure 6-8: Temporal variation in the total annual fish landings and water
level fluctuations in Lake Turkana .............................................................. 63
Figure 6-9: County’s Fish Production .......................................................... 65
Figure 6-10: Major soil classes in Kenya ...................................................... 68
Figure 7-1: Simplified geological map of Kenya ............................................ 70
Figure 7-2: Minerals Map of Kenya .............................................................. 71
Figure 7-3: GDP contribution (in KSHs) from Mining since 2017 ................. 73
Figure 7-4: Stone quarrying in Athiriver, Lukenya area (Machakos County) . 75
Figure 7-5: Effects of ‘Sand’ harvesting in Rhonda Estate, Nakuru town ...... 76
Figure 8-1: Proportion of Electricity Generation by Source in 2019 .............. 79
Figure 8-2: Energy sources and use in Kenya .............................................. 80
Figure 8-3: Growth of Kenya’s electricity generation by technology .............. 81
Figure 8-4: Trends in Renewable Electric Energy ......................................... 83
Figure 8-5: Ngong Wind Power Station in Kajiado County ............................ 84
Figure 9-1: Wildlife Conservation areas in Kenya ......................................... 95
Figure 9-2: Conservancies in Kenya ............................................................ 99
Figure 9-3: The Amboseli –West Kilimanjaro (Elephant corridor) ................ 103
Figure 9-4: Athi –Kaputei (Nairobi-Kitengela) - Wildebeest Corridor ........... 104
Figure 9-5: Tsavo-Mkomazi (Elephant corridor) ......................................... 105
Figure 9-6: Serengeti-Mara- Wildebeest Migratory Corridor ....................... 106
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Figure 9-7: Map Showing Human Wildlife Conflict Hot Spots ..................... 108
Figure 9-8: Areas Affected by Fire in Tsavo West ....................................... 110
Figure 9-9: Fire locations in Tsavo East National Park ............................... 111
Figure 9-10: Collared elephant movement in Tsavo Landscape .................. 113
Figure 9-11: Map showing Key Biodiversity Areas in Kenya ....................... 115
Figure 9-12: Performance trend on State, Pressure, and Response of 67 Key
Biodiversity Areas ..................................................................................... 116
Figure 9-13: Map of the Olkaria-Lessos-Kisumu Line (in dotted red) .......... 123
Figure 9-14: Permitting Process Flow Chart for Access to and Utilization of
Biological .................................................................................................. 126
Figure 10-1: Distribution of forest in Kenya ............................................... 134
Figure 10-2: Forest as Habitat for Wildlife ................................................. 137
Figure 10-3: Land Cover Classifications .................................................... 141
Figure 11-1: Amboseli Man and Biosphere Reserve ................................... 144
Figure 11-2: Malindi-Watamu – Arabuko Sokoke Forest Man and Biosphere
Reserve ..................................................................................................... 145
Figure 11-3: Mt. Kenya National Park –Lewa Conservancy Man and Biosphere
Reserve ..................................................................................................... 145
Figure 12-1: Trends in International Visitor Arrivals and Tourism Earnings
................................................................................................................. 148
Figure 12-2: Visitors to National Parks and Game Reserves, 2016-20181 ... 148

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LIST OF TABLES

Table 3-1: The Meaning of Land and Natural Resources .................................... 10

Table 3-2: Summary of Illegally/Irregularly allocated Public Lands .................... 14
Table 3-3: Land Related Disputes and Conflicts ................................................ 16

Table 5-1: Available Water Resources by Catchment.................................... 31

Table 5-2: Progress made with Respect to Vision 2030 Goals ....................... 37
Table 5-3: Performance Trend ..................................................................... 39
Table 5-4: Major Rivers of Six Catchment Areas .......................................... 44
Table 5-5: Biodiversity of the Coastal Lakes ................................................ 49
Table 5-6: Major Drivers, Pressures, and Impacts of the Changes in Coastal
Wetlands..................................................................................................... 52
Table 6-1: Important Crops and their relative Importance in Different Regions
................................................................................................................... 55
Table 6-2: Livestock Population ................................................................... 57
Table 6-3: Total Greenhouses Gas Emissions (CO2e) from Livestock, 1995 –
2015 ........................................................................................................... 59
Table 6-4: Kenya’s Marine Fish Production per County in tonnes ................ 61
Table 6-5: Common Fish Species and their Families Found in Lake Turkana
................................................................................................................... 62
Table 7-1: Approximate Insitu Mineral Quantities in Kenya and Estimated
Value .......................................................................................................... 72
Table 7-2: Types of gemstone types and their prices in Taita Taveta County 74
Table 8-1: The capacity (MW) of SHP installed in different rivers .................. 86
Table 9-1: Kenya’s Biodiversity in Terms of Occurrences. ............................ 91
Table 9-2: Summary of some of invertebrates’ species in Kenya ................... 93
Table 9-3: Trends of Species ...................................................................... 101
Table 9-4: Acreage burnt in Tsavo Conservation Area, July-August 2020 .. 111
Table 9-5: List of Invasive Species in Kenya ............................................... 118
Table 10-1: Land Use/ Cover Hectarages ................................................... 129
Table 10-2: Forest Types ........................................................................... 130
Table 10-3: Percentage Forest Cover per County - According to 2018 Release
................................................................................................................. 135

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Table 10-4: Other Developed Environmental Management Initiatives by

Counties ................................................................................................... 136
Table 10-5: Trend of Forest Destruction by Fire (2013-2018 in HA) ........... 142
Table 11-1: Man, and Biosphere Reserves in Kenya ................................... 144
Table 11-2: Area of the Kenya Lakes System as inscribed on the World
Heritage List ............................................................................................. 146
Table 12-1: Bed Night Occupied in Game Lodges 2016-2018 in '000 ......... 148
Table 12-2: Impacts of Tourism on Vegetation and Soil ............................. 150
Table 12-3: Trend in solid waste situation in three Kenyan cities in '000
tonnes ...................................................................................................... 150

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ACRONYMS AND ABBREVIATIONS

AEWA Africa Eurasian Waterbirds Agreement

ADR Alternative Dispute Resolution
AMCEN African Ministerial Conference on the Environment
AMSL Above Mean Sea Level
ASDS Agriculture Sector Development Strategy
ASAL Arid and Semi-Arid Lands
BCM Billion Cubic Meter
CEEC Center for Energy Efficiency and Conservation
CBD Convention on Biological Diversity
CBNRM Community-Based Natural Resource Management
CLB Community Land Board
CFA Community Forest Association
CITES Convention on International Trade in Endangered Species
COMESA Common Market for Eastern and Southern Africa
CMS Convention of Migratory Species
CSO Civil Society Organization
CWIS Citywide Inclusive Sanitation
EAC East Africa Community
EBA Endemic Bird Area
EEZ Exclusive Economic Zone
ENNCA Ewaso Ngiro North Catchment Area
JKIA Jomo Kenyatta International Airport
GDP Gross Domestic Product
DFID UK Department of International Development
GFP Global Forest Principles
GHG Green House Gases
DG Development and Governance
DRSRS Directorate of Resource Surveys and Remote Sensing
FAO Food and Agriculture Organization
GIS Geographical Information System

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GIS Geographical Information System

GPS Geographic Positioning System
GoK Government of Kenya
GW Giga Watts
IBA Important Bird Area
IED International Institute for the Environment and Development
IGAD Inter-Governmental Authority on Development
INBAR International Network on Bamboo and Rattan
IPCC Inter-Governmental Panel on Climate Change
IUCN International Union of Conservation of Nature
IWRM Integrated Water Resource Management
LIS Land Information System
LTA Land Title Act
LRTU Land Reform Transition Unit
LVNCA Lake Victoria North Catchment Area
KARLO Kenya Agricultural and Livestock Organization
KFS Kenya Forest Service
KNLP Kenya National Land Policy
KNEB Kenya Nuclear Electricity Board
KSS Kenya Soil Survey
KWH Kilowatt Hour
KWS Kenya Wildlife Service
LCPDP Least Cost Power Development Plan
MAT Mutually Agreed Terms
MCM Million Cubic Meter
MIA Moi International Airport
MoL Ministry of Lands
MTA Material Transfer Agreement
MW Megawatts
NCCRCP National Coordination Committee on the Response to the Coronavirus
Pandemic
NCCRS National Climate Change Response Strategy

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NEMA National Environment Management Authority

NGO Non-Governmental Organization
NLC National Land Commission
NRI Natural Resources Institute
NRM Natural Resources Management
NRW Non-Revenue Water
PAMU Problematic Animal Management Unit
PFM Participatory Forest Management
PFMP Participatory Forest Management Plans
PIC Prior Informed Consent
REA Rural Electrification Authority
REPLA Regional Enhanced Livelihoods in Pastoral Areas
RTA Registration Title Act
SEAA System of Environmental Economic Accounting
SIDA Swedish International Development Agency
SHP Small Hydro Power Projects
SNA System of National Accounts
SPP Species
SDG Sustainable Development Goal
TIP’s Transition Implementation Plans
TWH Terra Watt Hour
USAID United States Agency for International Development
UNCCD United Nations Convention to Combat Desertificaiton
UNCSD United Nation’s Convention on Sustainable Development
UNFCCC United Nations Framework Convention for Climate Change
USD United States Dollars
WIO Western Indian Ocean
WHC World Heritage Conventions
WHO World Health Organization
WRA Water Resources Authority
WRUA’s Water Resource Utilization Associations

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CHAPTER 1. INTRODUCTION

Environment and natural resources in Kenya are valuable national assets that the
country must sustainably manage for present and future generations. They offer a
range of benefits and opportunities for local and national economic development,
improved livelihoods, and the provision of environmental goods and services.
Despite being the foundation on which sustainable development is anchored,
many environmental degradation issues and challenges face the country. Notable
drivers of environmental degradation are high population growth rates,
inappropriate technology, unsustainable consumption and production patterns,
and increased incidences of poverty and climate change. Further, urban
environmental degradation, through improper waste management and sanitation
systems, industry and transport-related pollution, stratospheric ozone depletion,
and biodiversity loss adversely impact air, water, soil quality, and human health
and well-being. These have led to changes in the relationship between people and
ecosystems (GoK, 2018). If this trend is left unchecked, it will lead to further severe
environmental degradation that may perpetuate deprivation and poverty.

Kenya's economic development has to be sustainable from several points of view,

including environmental perspectives. Suggestions are that effective
environmental governance is critical for finding solutions to the country's
environmental challenges for supporting sustainable development. It includes
putting institutional and non-institutional mechanisms to ensure that the long-term
sustenance of environmental resources. Environmental governance comprises the
rules, practices, policies and institutions that shape how humans interact with the
environment and natural resources. Good environmental management considers
the role of all actors that impact the environment (Governments, Non-
Governmental Organizations, the private sector, and civil society). This approach
needs to follow environment and natural resources governance principles, such
that improved governance enhances the contributions of ecosystems and
biodiversity to equity and sustainability (Bugembe, 2016).

1.1: PRINCIPLES OF ENVIRONMENT AND NATURAL RESOURCES

GOVERNANCE

The environment and natural resources governance profiled in this report are
founded on the following principles.
Inclusive decision-making: The principle ensures that decisions regarding the
environment and natural resource governance consider the views of groups at risk
of marginalization.
Recognition and respect for legitimate tenure rights: The principle recognizes
that customary and collective rights contribute strongly to effective and equitable
natural resource governance. It is achieved by enabling local stewardship of lands

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and resources, providing a foundation for sustainable livelihoods, and contributing

to the fulfillment of human rights and cultural survival.
Devolution: The principle ensures that Government control over the use of natural
resources is increasingly shared with local communities.
Diversity of cultures & knowledge: The principle incorporates the
complementarity of different cultures and knowledge in the management of
changing realities of nature and its resources
Strategic Vision: The principle includes defining the desired outcomes and
impacts of effective natural resource governance on people and ecosystems within
set timeframes and recognizing the input of various stakeholders
Empowerment: The principle recognizes that all actors have the capacities and
support they need to contribute effectively to decision-making, claim rights, and
meet responsibilities.
Coordination & coherence: This principle provides the need of actors involved in
natural resource governance to come together around a coherent set of strategies
and management practices.
Sustainable Resources & Livelihoods: This provides for the need for streamflow
of resources or revenues as a basis for the financial sustainability of the actions
required to manage and conserve natural resources as well as equitable benefit-
sharing.
Social and environmental accountability: This principle ensures effective means
are in place for relevant authorities or powerful actors to be held responsible for
their actions, especially those with social and environmental impacts.
Protection of the vulnerable: Specific attention is paid to how natural resource
governance decisions or changes could affect environments that may be
particularly vulnerable and people who may be marginalized in economic, social,
or political terms
Rule of law: Ensures that both the laws on environment and natural resources
governance themselves and their application is fair, transparent, and consistent,
especially as they affect youth, women, indigenous and local communities, and
natural resources.
Access to justice: Ensures the ability of people to seek and obtain remedies for
grievances from formal or informal judicial institutions in accordance with human
rights standards.

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CHAPTER 2. OVERVIEW OF ENVIRONMENT AND NATURAL

RESOURCES IN KENYA

2.1: POPULATION AND ENVIRONMENT

The first Kenya population census undertaken in 1948 gave an estimated

population of 5.4 million people, while the 2009 Population census recorded an
estimated 38.6 million people. The population has been increasing by 1 million
people per year from 1999 and was estimated at 43 million people in 2014 (KNBS,
2015). The population in 2019 was 47,564,296 of which 23,548,056 are Males,
24,014,716 are Females and 1,524 are Intersex. Females account for 50.5% of the
total population (KNBS, Economic Survey Kenya, 2019)

This rapid population growth poses serious environmental challenges such as

increasing demand for land resulting in degradation, depletion of natural
resources, a decline of natural assets, goods and the impairment of ecological
services. Slightly less than one-third of the population lives in urban areas
indicating a substantial increase from the 19.3 percent recorded in 1999 (NCPD,
2013). The growing urban population has over the years overstretched the existing
infrastructure and services, leading to the growth of informal settlements
characterized by environmental degradation, high levels of poverty, and
delinquency (NCPD, 2013).

In 2012, the Government of Kenya passed a landmark policy to manage its rapid
population growth. The new population policy aimed to reduce the number of
children per woman from 5 in 2009 to 3 by 2030. The policy also includes targets
for child mortality, maternal mortality, life expectancy, and other reproductive
health measures. Kenya's long-term development plan, Vision 2030, recognizes
that rapid population growth could severely derail progress in reaching its
primary goal: "to achieve a high quality of life for all Kenyans that is sustainable
with available resources."

The NCPD, Sessional Paper No. 3 of 2012 on Population Policy for National
Development, 2012 was initiated to succeed session paper No.1 of 2000 to update
the policy with current population dynamics with environmental issues being a
crucial part of the policy review. The National Council on Population and
Development has currently initiated the National Population Policy for sustainable
development draft 2020 as an update to session paper No.3 of 2012. Suppose
Kenya continues to make substantial investments in reproductive health and family
planning; such gains are likely to impact environmental and natural resource
governance positively. In that case, fertility levels may continue to decline, and
Kenyans will likely achieve better basic levels of health and move towards the
sustainable balance of population and natural resources. With additional
investments in health and education and economic initiatives to facilitate job

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creation, Kenya may experience the rapid economic growth known as the
demographic dividend, critical for environmental conservation. It will ease
dependency on natural resources.

Kenya's high potential agricultural land is about eighteen percent of the total land
area yet presents the highest population densities. If the population growth rate
continues to increase, the country will not produce enough food for its population.
The consequence being food insufficiency and ultimately turn to the environment
and natural resources, causing conservation challenges. To ensure food security
for an increasing population, steep hillsides and riparian land cultivation has been
ongoing among other ecologically sensitive areas. These areas are less resilient to
environmental shocks and suffer environmental degradation and loss of
productivity. The housing sector has not kept pace with the population growth
patterns, especially in urban areas, and as such most Kenyans have been forced to
live in informal settlements. In most cases, unplanned settlements such as slum
areas do not have waste disposal systems and safe potable waste systems resulting
in environmental pollution through illegal waste disposal.

The higher the population, the higher the population density per given area,
causing over-crowding and the settlement of people in space without due regard
to environmental and natural resources concerns. It is further reflected by the
current scenarios of people building on steep slopes that are vulnerable to soil
erosion and encroachment into forested areas for settlement and agriculture. In
addition, it inevitably leads to environmental degradation, floods, and excessive
soil erosion. Therefore, systematic consideration of population dynamics is
essential for developing sustainable development strategies, goals, targets,
policies, and environmental programs. Paradigms of the new development agenda
suggest the need to ensure a harmonious balance between populations (social
dynamics), economic and environmental development with a focus on sustainable
consumption and production. Further, the rate of population growth and changing
age distribution are of importance to the attainment of both national development
goals because each age group in a population behaves differently, with distinct
economic consequences (NCPD, 2017; NEMA, 2021)

2.1.1 Poverty and Ecosystem

There has been a persistent decline in the ecosystems which supply most of the
essential services to humanity. The Millennium Ecosystem Assessment study in
2007 showed that more impoverished communities and those living in
marginalized areas are most affected since they are most directly reliant on
ecosystem services for their well-being (UNDP-UNEP, 2006). Poor people in both
rural and urban areas are less resilient to natural and man-made disasters.
Consequently, this leads to conflict over natural resources at personal, community,
regional, and national levels. Illegal logging, for instance, robs Governments of

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revenues while at the same time deprives local communities of ecological goods
and services.

Further, poverty leads to deforestation through the inappropriate use of wood and
other cooking, heating, housing, and crafts resources. It deprives vulnerable
groups' essential goods while accelerating the downwards spiral of poverty and
environmental degradation. UNEP (2006) found that most poor rural households
meet their domestic energy requirements from wood fuel while urban residents
depend on charcoal.

2.1.2 Youth and Environment

Youths, especially young children, are more vulnerable to environmental risks.

These risks are in the form of access to clean and safe drinking water and
sustainable consumption. Young people are expected to live longer and therefore
carry the consequences of current environmental decisions into the future. Future
generations stand to be affected by such decisions, including the extent to which
concerns such as the depletion of resources, loss of biodiversity, and long-lived
radioactive wastes are addressed. The youth, therefore, have a pivotal role to play
in national development, primarily environmental management.

The Kenyan youth engage in self-employment as observed in well nurtured and

established tree nurseries and seedlings along roadsides in urban and rural areas.
Such tree seedlings have supported reforestations in many rural areas and the
greening of urban centers. However, in some cases self–employed youth engage
in curio business for tourists, soapstone quarrying, sand-harvesting, charcoal
business, and general crafts industry that cause severe environmental degradation
in some areas (NEMA, 2010).

The participation and governance of youth in environmental protection should

come right from the grass-roots level through involvement in conservation projects
to policy-making and other activities such as those supported by Non-
Governmental Organizations and youth summits. The role of youth should fit within
policy-making through advisory bodies such as youth councils and relevant youth
affairs in-line ministries.

2.1.3 Gender and Environment

For many years, the relationship between human society and the physical
environment is assumed to be gender-neutral, i.e., similarly affecting both women
and men. The differentiated socio-cultural construction of men and women's roles
means that the linkages between people and the physical environment impact
differently on both sexes. The different roles men and women play in the family,
community, and workforce are likely to have different responses, priorities, and
power over resources regarding environmental protection. Therefore, men and

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women will interact with the environment differently and are presented with
unique opportunities to protect it.

Gender roles in most communities in Kenya dictate that women and children are
more exposed to environmental risks daily. It is because of their dominance in
agricultural labor provision and their responsibility of carrying out domestic
chores of fetching fuelwood, water, and grazing livestock. In most households,
women are also responsible for water and waste management. Such roles have
made women in some communities become effective managers of environmental
resources. For example, traditional herbal healers have spearheaded re-
afforestation programs as best illustrated by the Green Belt Movement in many
areas of Kenya highlands through women groups.

Women, particularly in rural and marginalized communities, are often restricted

from public positions, political participation, and various resource responsibilities.
On the other hand, men who do not necessarily consider the views and needs of
the female household managers make most of the decisions. It may intensify
conflict and competition over natural resources since women and men have
different responsibilities and experiences, which affect their knowledge and use of
natural resources.

In Kenya, an inclusive, sustainable development has embarked on environmental

conservation by building substantially on the relationship between environment
and gender roles. The association has been integrated into policy-making,
particularly in participatory decision-making and stakeholder involvement that
require gender equity. Gender equity is essential in addressing significant
sustainable development challenges, mostly using and managing natural
resources and preventing environmental degradation and pollution. The legal
framework on this is from the 2010 Kenya Constitution, Chapter 4 on the Bill of
Rights, and Chapter 5 on Land and Environment of Kenya (COK, 2010). The Supreme
laws of the land in these sections promote gender equity and equality in access to
land resources and other socio-economic services that enhance women's
participation in decision-making in all matters that affect their well-being.

Further, one of the goals of gender mainstreaming in the Sustainable Development

Goals (SDGs) is for environmental protection by promoting equal opportunities for
men and women as participants and beneficiaries of environmental protection by
considering their different positions and knowledge in regard to the environment.
It has mainly focused on women empowerment since they are directly involved in
environmental activities such as agriculture, including activities related to
forestry.

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2.1.4 Economy and Development

Economic activity remained vibrant in 2019 though the performance was slower
relative to 2018. The real Gross Domestic Product (GDP) was provided at 5.4
percent in 2019 compared to 6.3 percent in 2018. The growth was spread across all
sectors of the economy but was more pronounced in service-oriented sectors. The
agriculture, Forestry and Fishing sectors accounted for a sizeable proportion of the
slowdown, i.e., from 6.0 percent growth in 2018 to 3.6 percent in 2019. It was
mainly based on suppressed long rains that disrupted the normal planting season
in key agricultural zones. Similarly, the manufacturing sector grew by 3.2 percent
in 2019 compared to 4.3 percent growth in 2018, partly owing to constrained
supply of raw materials from agricultural activities.

In the agriculture sector, a relatively lower supply of essential food crops in 2019
manifested in a moderate increase in their prices compared to 2018. However, the
industry benefitted from a modest increase in potatoes, rice, wheat and
significantly improved production of drought-resistant crops such as sorghum and
millet in 2019. During the year under review, the production of cash crops showed
mixed performances. Production of coffee rose from 41.4 thousand tonnes in 2018
to 45 thousand tonnes in 2019 and somewhat cushioned the sector from a steeper
decline. On the other hand, the volume of tea produced declined from 493
thousand tonnes in 2018 to 458.8 thousand tonnes in 2019. Similarly, total cane
production declined by 12.5 percent to 4.6 million tonnes in 2019, further
exacerbating the underperformance in the cash crops sub-sector.

Horticultural activities were mainly supported by growth in exported fruits (8.3

percent) and cut flowers (7.8 percent) in 2019. However, the volume of vegetables
exported declined by 15.2 percent during the same period owing to unfavorable
weather conditions that characterized the first half of 2019, resulting in lower
production

In 2019, there was a mixed performance in the selected indicators on the

environment and natural resources. Overall expenditure on water and related
services is expected to grow by 47.3 percent from KSh 31.1 billion in 2018/19 to
KSh 45.8 billion in 2019/20. Area stocked under Government Forest plantation
increased significantly from 141.6 thousand hectares in 2018 to 147.6 thousand
hectares in 2019. The value of mineral produced declined by 5.5 percent from KSh
30.8 billion in 2018 to KSh 29.1 billion in 2019. The fishing sector recorded a 7.8
percent decline in earnings to KSh 23.5 billion in 2019 from KSh 25.5 billion in 2018
following a drop in the volume of fish landed. During the long rains (March to May)
season, the country experienced a prolonged dry season (KNBS, 2019)

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CHAPTER 3. LAND TENURE AND ENVIRONMENT

3.1. INTRODUCTION

Land tenure is the system of rights and institutions that govern access to land and
other resources. The rights are derived from statutory and customary laws and
institutions of marriage, power and control, and inheritance (Mwakubo, 2002).
Whether customary or statutory, tenure regimes are rarely static, and the evolution
of customary tenure, as well as the impact of directed land reform, constitute two
significant strands of land tenure research. Land reform in Africa - more properly
labeled land tenure reform - typically refers to evolutionary or legal changes in
land tenure - nudging customary tenure systems in the direction of private
property regimes - rather than in the distribution of land itself. Such changes are
intended primarily to serve efficiency goals by enhancing tenure security and
thereby (at least theoretically) by improving both conservation and productivity.
Land tenure potentially affects sustainable land use by improving production
incentives and increased investments into soil and water conservation. Changes in
access to agricultural holdings and the ability to exclude others from enjoying the
benefits accruing from the land result in changes in resource use. It is in turn,
affects labor and capital demand, productivity, and therefore income and
sustainability. The possible adverse effect of indigenous land rights systems on the
efficiency of input use and the incentives for land improvement is generating
increased interest among stakeholders, including policymakers. Concern has
been heightened by the low use of modern inputs and by widening degradation of
croplands on which negligible investments to improve land quality are being
made (Matlon, 1994). New discourses on how land tenure can be viewed more
from use and access than ownership remain a major challenge. It has contributed
to land fragmentation and loss of productivity, necessitating the pursuit for
resilience.

3.2. LAND TENURE AND ENVIRONMENTAL MANAGEMENT

The management of a resource refers to its control and regulation. As far as natural
resources are concerned, management is central to the broad objective of
conservation since the utilization of the resources depends on how they are
controlled (Migai, 2006). The task of a land/resource tenure system is to establish a
control system for utilization based on the resource in question. Resource tenure
systems arise because natural resources are scarce and must be distributed
equitably among all claimants. As regimes of control, resource tenure systems are,
therefore, social institutions whereby acquiring and utilizing natural resources are
regulated. They evolve to mediate conflicting interests among users. Essentially,
natural resource management is concerned with ownership: the right to use the
help and the right to determine the nature and extent of use by others. Ultimately,
these are decisions that have to be made by the owner or manager of the resource
since it is the entity that possesses and exclusively controls the resource. It is in

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this context that the various regimes of land/resource tenure become important.
Typically, there are individual tenure, public tenure, and community or customary
tenure. These regimes define the bundle of rights to occupy, use or benefit from
land and land-based resources under a particular system of law and authority. In
each case, rights are linked to corresponding duties, which may include
environmental conservation.

Further, each of these regimes has different implications for the resource being
managed. What makes anyone regime suitable for any given resource depends on
many factors, such as the social, economic, and cultural circumstances affecting or
conditioning that resource. Therefore, a particular resource may be most
effectively managed by a group of users since they depend on it for their basic
needs.

3.3. LAND AND DEVELOPMENT

The centrality of land as the main factor of production and achievement of socio-
economic, political and cultural development is well elaborated in many policy
documents in Kenya. The Kenya Vision 2030, which is the country's development
blueprint, asserts and affirms the importance of land resources in achieving the
country's development agenda. Globally, land has become an indicator and
measure of wealth. It is in line with Goal 15, target 1.1 and 1.2 of Sustainable
Development Goals (SDGs). Goal no.15 focuses on Life on Land, emphasizing the
need to protect important sites for terrestrial and freshwater biodiversity, which is
vital for ensuring long-term and sustainable use of terrestrial and freshwater
natural resources for human development.

Furthermore, healthy mountain ecosystems are fundamental to ensuring

ecosystem services to both upland and lowland communities. In the 21st century, a
lot of attention has been given to sustainable land and natural resources
management portfolios due to their recognition and conflicts that emanate from
poor land and natural resource governance. The land is a key driver to conflicts
and remains a politically sensitive and culturally complex issue in Kenya.
Therefore, good land governance is crucial for sustainable land and natural
resource management, peace, and human security.

As a highly complex issue, land and environment are constitutionally elevated, not
only to show the importance of these two mutually reinforcing variables but also to
depict the interlinkages therein. This close link between land and
environmental/natural resources sets the tone for Chapter Five of the Constitution
of Kenya, 2010. To clarify, Article 260 of the Constitution broadly defines land as
the earth's surface, under the surface, marine waters, a natural resource on the
surface or under the surface, and the air space. Similarly, natural resources mean
the physical non-human factors and components, whether renewable or non-

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renewable. Natural resources, therefore, constitute and are consequently land. The
definition of both land and natural resources is broadly summarized in Table 3-1.

Table 3-1: The Meaning of Land and Natural Resources

The Meaning of land and natural resources as per Article 260 of the
constitution of Kenya
Land Natural Resources
Includes Means the physical non-human factors
and components, whether renewable
or non-renewable, including
a) The surface of the earth and the a) Sunlight;
subsurface rock
b) Any body of water on or under the (b) Surface and groundwater;
surface;
c) Marine waters in the territorial sea (c) Forests, biodiversity and genetic
and exclusive economic zone; resources; and
d) Natural resources completely (d) Rocks, minerals, fossil fuels and other
contained on or under the surface; and sources of energy
e) The air space above the surface

Land governance can be defined as how the property rights to land and public
management of land are administered and managed (Deininger et al., 2012). Land
governance is also about decisions made regarding land access, user rights, and
development of policies, procedures, processes, and institutions governing land
and other natural resources (Obayelu, 2015). Thus, effective land governance is
about land administration and management to achieve sustainable land
management goals and conflict transformation. The general principles of good
governance in Kenya are set out in Article 10 of the Constitution, mirrored in the
National Land Policy and various land laws.

Kenya National Land Policy (2009) defined land tenure as terms and conditions
under which rights to land are acquired, retained, used, disposed of, or
transmitted. Formal land rights are usually secured through various Acts of
parliament, while the informal land rights, the Government has been trying to
developing laws and regulations to formalize them (Ogutu, et al., 2016).
Additionally, the Constitution of Kenya (2010) designates all land to belong to the
people of Kenya collectively. Article 232 provides key principles for good
governance that relate to the behavior and conduct of public officers while
discharging their duties, including land management and administration. This
section provides the land governance aspects, detaining the historical context of
land management, policies and legislative regimes, and the institutional
frameworks that govern land and land-based resources in Kenya.

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3.4. HISTORICAL CONTEXT OF LAND AND THE LAND QUESTION IN

KENYA

During the pre-colonial and post-colonial era, the land question, defined as
the concerns by the people towards land ownership, access to interest in land, and
sustainability of the land resource in Kenya is/was characterized by indications of a
breakdown in land administration, disparities in land ownership, tenure insecurity,
and conflicts. The land question has bedeviled Kenyans for over a century, dating
from the period of colonialism. Even the successive independent Governments of
Kenya have toiled with the land question for over fifty years.

According to National Land Policy (2009), contemporary manifestations and

impacts of the Land Question in natural resources result from inadequate
environmental management and conflicts over land and land-based resources. It
is, therefore, crucial to address historical land injustices regarding natural
resources, including land. Section 38 of the Land Laws (Amendment) Act 2016
defines a historical land injustice as a grievance occasioned by a violation of a
right in land on the basis of any law, policy, declaration, administrative practice,
treaty, or agreement. It resulted in displacement from their habitual place of
residence. Moreover, the injustice must have occurred between l5th June 1895,
when Kenya became a protectorate under the British East African Protectorate, and
27th August 2010 when the Constitution of Kenya was promulgated, and that
injustice has not been sufficiently resolved and subsists up to the period specified.
This section implies that the violation of rights may result from law, policy,
declaration, administrative practice, treaty, or agreement, which may have
occasioned the loss of livelihood of the inhabitants during the period as mentioned
above, constitutes a historical land injustice.

3.3.1 Colonial Period 1895 To 1962

The land question in Kenya dates back to the 1895s during the pre-colonial,
independence, and post-independent era. Kenya became a British protectorate in
1895, and the land was converted into Crown Land and vested in the
Commissioner in trust for the British Crown. Colonialists were interested in Kenyan
land due to its agricultural prospective and productivity, which greatly influenced
the interest in land. Therefore, the colonialists introduced English law, which
replaced the African customary law to regulate how land was owned and utilized.
The African customary law provides that land is communally owned. Therefore, the
English law declared Indigenous Africans as declared tenants-at-will of the Crown,
and they were dispossessed of their land. It was the beginning of land problems in
Kenya. Subsequently, two systems of land registration developed over time:
registration of deeds and registration of title. Some of the laws that governed land
during the colonial era include:

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The Crown Lands Ordinance No. 21 of 1902: This vested the Commissioner of
the Protectorate power to sell freeholds in crown land within the protectorate to
any purchaser in lots not exceeding 1,000 acres.

The Crown Land Ordinance, 1915: Upon repeal of The Crown Lands
Ordinance No. 21 of 1902, the 1915 Ordinance adopted the registration model
and brought an advanced system of registration of deeds and the provision of
accurate survey and deed plans.

The Documents Act (registration of deeds (1901): The records kept under this
registration system served to show that the transaction in question took place but
said nothing about the validity or legitimacy of the transaction in place.

Land Titles Act (1908) – It provided for a registration system in favor of individual
title claimants within the coastal region provided prove of claims to the properties
they owned.

The Government Lands Act Cap 280 (GLA): Its objective was to provide for,
among other things, deed plans and achieve better administration and registration
of Government plans in land and Government dealings thereof. All grants of
Government land and transactions relating thereto were required to be registered
under this Act.

Registration of Titles Act (RTA of 1920) -Introduced the process of transfer of

land through registration of transfer (the Torrens principles).

3.3.2 Early Independent in Kenya - 1963

The main characteristics of Land Governance in Independent Kenya were outdated

land laws, irregular allocation of land, squatting and landlessness, unsustainable
land utilization, and inadequate access to land, especially by minority and
marginalized groups. Several legislations were enacted to guide land
administration. The Government Lands Act (Cap 280) established a new system of
administration and registration of Government land and created procedures to
guide Government land allocation. Similarly, The Trust Land Act, (Cap 288) was
enacted to deal with the administration of Trust Land that vested the Trust Lands in
County Councils, to hold “for the benefit of the persons ordinarily resident on that
land”. The Commissioner of Lands was given powers to administer Trust Land on
behalf of the County Councils. A system provided by the Registered Land Act, Cap
300 introduced registration in the native areas to provide a conversion process
whereby titles that were issued under previous registrations would be re-issued
under the provisions of the Registered Land Act. The Act sought to achieve
individualization of title to customary law.

The Registered Land Act, Cap. 300 of 1963 sought to unify the different systems of
land registration in Kenya. In this regard, the Government Lands Act, Land Titles
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Act (LTA), and Registration of Titles Act (RTA) were converted and transferred. It
also sought to formalize the African land tenure system through adjudication,
consolidation, and registration. Despite the Act being passed in 1963, it continued
to operate along with the other statutes, leading to double registration and
rampant fraudulent transactions. These laws were inefficient, ineffective, and
inconsistent and rendered the land administration process bureaucratic and
expensive; thus, resulting in inordinate delays, apart from lending themselves to
corrupt practices (Policy, 2009). These governance failures, therefore,
necessitated the establishment of various Commissions to look into the issue of
land, which includes:

The Akiwumi Commission Report – 1998

After the white settlers left, Kenyans from different origins purchased the same
Land with Government assistance, but indigenous people resisted the move. It
resulted in animosities, political tensions, and ethnic violence within these areas.
The Akiwumi Commission was established to investigate tribal clashes, the causes
of the violence, and the actions of police and other law enforcement agencies. The
Report concluded that the tribal clashes were politically motivated and fanned by
ethnicity and land ownership conditions.

The Njonjo Commission Report-1999

The Njonjo Commission focused on coming up with principles of a National Land
Policy framework, the constitutional position of land, and a new institutional
framework for land administration. The Commission recommended that public
land should be held and managed by a National Land Authority, in trust for the
Citizens so that the radical title to such land should vest in the National Land
Authority.

The Ndungu Commission Report - 2003/2004

The Ndungu Commission was to inquire into the extra-legal allocation of public
lands and lands reserved for public purpose to private individuals and corporate
entities and provide recommendations to the Government to restore those lands.

The Ndungu Report, 2004 identified 40 statutes that deal with land administration,
ownership, and use that make it difficult for many Kenyans to understand the
substantive land law. The Commission recommended the Comprehensive land
title insurance scheme be put in place. Similarly, the Government should prepare
an inventory of all public land in the country, and harmonize land legislation, to
prevent double issuance of titles and formation of the National Land Commission,
with powers to allocate public land, and to supervise the management and
allocation of trust land. The findings are categorized as follows: Urban, state
corporations and Ministries lands; Settlement schemes and Trust Land;
Forestlands, National Parks, Game Reserves, Wetlands, Riparian reserves,
protected areas, Museums, and Historical Monuments:

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 KENYA STATE OF ENVIRONMENT REPORT 2019-2021

Urban, State Corporations, and Ministries Lands

Most illegal allocations of public land took place before around 1992, 1997, and
2002, reinforcing the view that public land was allocated politically. Land allocated
to state corporations is ‘alienated land’, but has been illegally issued to individuals
or companies in total disregard of the law. Several organizations lost their land to
dubious circumstances.

Settlement Schemes and Trust Land

Trust land, including settlement scheme land purchased by the Government with
international loans for settlement by African smallholders or carved out of Trust
land, has faced similar challenges. It was evident that the establishment of
settlement schemes and their subsequent allocation in the early years of
independence generally conformed to the original objectives. In later years,
though, there was an extensive deviation, with much land allocated for purposes
other than settlement and agricultural production.

Forestlands, National Parks, Game Reserves, Wetlands, Riparian Reserves,

Protected Areas, Museums and Historical Monuments
During independence, major gazetted forests at independence were reduced, with
most of the reduction having come about due to illegal and irregular excisions,
usually made without any reference to legal provisions. While there is a need for a
public land inventory and computerization of land records and comprehensive
land policy, the Ndungu Commission also urges the establishment of a Land Titles
Tribunal charged with reviewing each and every case suspected of illegal or
irregular allocation of land, and hence embark upon the process of revocation and
rectification of such titles. The Ndungu Commission noted a total of 2,629 plots in
various parts of the country were illegally/irregularly allocated, as shown in Table
3-2.
Table 3-2: Summary of Illegally/Irregularly allocated Public Lands
S/No. No. of Plots/ Allocations Region
1. 105 Nairobi bypass
2. 551 Nairobi City Council
3. 86 Meru
4. 449 Nakuru
5. 270 Eldoret
6. 100 Nyeri
7. 186 Kisumu
8. 407 Mombasa
9. 56 Nyahururu
10. 67 Kiambu
11. 30 Kisii
12. 17 Kapsabet
13. 187 Kerugoya/ Kutus
14. 118 Kitale
Total 2629
Source: Ndungu Commission 2004

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3.3.3: New Era – Kenya Constitution 2010 and Beyond

The National land policy of 2009 recommended establishing the National Land
Commission (NLC), an idea adopted by the Committee of Experts (CoEs) that
drafted the Constitution of Kenya, 2010. Article 67(1) (a) of the Constitution
establishes the National Land Commission, as an independent constitutional
commission mandated principally, to manage and administer public land on behalf
of County and National Governments. Further, Section 5(2) (c) of the Land Act 2012
tasks the Commission to ensure that public land under the management of the
designated state agencies is sustainably managed for the intended purposes.
Other functions of the Commission are laid down in the constitution and relevant
land laws, including the National Land Commission Act, 2012, the Land Act 2012,
and the Land Registration Act 2012. Apart from the direct land laws, natural
resource laws such as the mining Act 2016, EMCA, 1999 and the Petroleum Act
2019, among others, also provides important land governance.

3.4: INSTITUTIONAL LANDSCAPE FOR LAND AND NATURAL RESOURCES IN

KENYA
Like the legislative and policy landscape, the institutional terrain for land and
natural resources in Kenya is dominated by multiple actors and institutions,
informed by the specific laws and interests. The systems, however, experience
some overlapping roles/mandates depicting governance challenges frame in this
sector. The multiplicity of institutions and overlapping functions within the land and
land-based resources management signify the possibility of conflicts, lack of
accountability and transparency, and jeopardize meaningful participation of the
people and the enforcement and coordination elements. The Ministry of Lands and
Physical Planning and the National Land Commission constitute the main public
players/institutions for land administration and governance.

The Taskforce report on illegal logging of Kenya’s forest (2018) elucidated the
main governance issues in the forest sector, including corruption, lack of
transparency and accountability, and abuse of power. The discrepancy between
policy and practice in terms of establishing Community Forest Associations (CFAs)
and facilitating the same to discharge their functions remain a governance issue.
Similarly, conflicts and lack of proper and functional dispute resolution
mechanisms for communities living in /around protected forest areas continue to
be challenging. Such conflicts and disputes are within the forestry sector and mark
the entire land and natural resources discourse, including the extractives
(minerals, oil, and gas). Streamlining and entrenching good governance in land is
therefore imperative for enhancing sustainable natural resources management. A
summary of the land conflicts/disputes cases and status by the NLC is provided in
Table 3-3.

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 KENYA STATE OF ENVIRONMENT REPORT 2019-2021

Table 3-3: Land Related Disputes and Conflicts

Nature of dispute Total cases received by Total cases
NLC resolved
1. Boundary/ownershi 939 331
p
2. Encroachment 335 55
3. Non compensation 510 66
4. Succession 240 139
Source: NLC, First Commissioners Exit report 2019

Tenure security is one of the factors of ensuring sustainable economic

development. With secure tenure, the universal call to end poverty and protect
land and its resources are attainable. Secure land tenure perception is a key
justification that provides incentives for investment in land resources and,
therefore, an impetus for attaining the Sustainable Development Goals (SDG).
Kenya has multiple tenure systems which, if not managed properly, may threaten
tenure security. The two main tenure systems are; formal land tenure, where
individual property rights are registered, and the informal land tenure system
governed by traditional norms. Hoza (2018) indicates that the State holds the right
to manage public land and regulate customary landholdings. Therefore, the way
the State governs land matters a lot to determine its tenure security and, by
extension, sustainably harness and safeguard its resources. There have been
efforts by the Government on initial land reforms to improve tenure security. A
fundamental approach is adopting the National land policy in 2009 and the passage
of the 2010 Constitution (Bruce, 2009), which proposes a mechanism to simplify
complex land laws and complicated land management systems in the country.
However, these efforts, which include the adoption of the land policy, require
operationalization. Development of regulations, guidelines, and rules that have not
been developed and enacted provides the means to operationalize the
recommendation made in the policy, and other relevant land statutes are
necessary. This will help in providing clear guidance on complexity in the land
laws, hence improve tenure security. Additionally, there is a need for integration
of functionalities of land-related institutions and enhancing coordination and
communication. Since land-related problems are historically, economically,
technically, culturally, and politically complex, there is a need to cooperate with
various Government agencies to obtain an integrated system that can spur socio-
economic and ecological development. The approach will enable the attainment of
the relevant national, regional and global agendas.

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CHAPTER 4. CLIMATE CHANGE

Climate change refers to climate variability (temperature, wind patterns, and

rainfall) observed over comparable periods. Kenya’s economy is highly
dependent on natural resources, thus highly vulnerable to climate variability and
change. Rising temperatures and changing rainfall patterns resulting in increased
frequency and intensity of extreme weather events such as droughts and flooding
threaten the sustainability of the country’s development. It impacts ecosystems,
water resources, food, health, coastal zones, industrial activity, and human
settlements. Addressing these impacts presents opportunities for innovation,
business, and improved livelihoods.

4.1: EVIDENCE OF CLIMATE CHANGE IN KENYA

Evidence of climate change is based on a statistical analysis of trends in historical

records of temperature, rainfall, sea-level rise, mountain glacier coverage, and
climate extremes. Rainfall patterns indicate increased irregularity and variability
with neutral to slightly decreasing trends in annual precipitation over most areas.
Decreasing rainfall trends have been observed in the total annual rainfall and
during the long rainfall season March, April, and May (MAM) in recent years. This
season contributes a higher proportion of the total rain for most parts of the
country. A general increase in rainfall amounts is observed from September to
February in some parts of the country. This increase has been attributed to a
tendency of the short rainfall season October, November, and December (OND) to
extend into the typically hot and dry months of January and February.

In recent years, evidence of higher frequency and intensity of extreme climate

events such as droughts and floods has been noted in Kenya. Rainfall and
temperature records from the Kenya Meteorological Department have provided
clear evidence of climate change in Kenya over the last fifty years. Figures 4-1 and
Figure 4-2 show the annual OND short rainfall season increasing trend observed in
Kericho and the decreasing trend observed in Dagoretti corner in Nairobi
Meteorological stations.

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 KENYA STATE OF ENVIRONMENT REPORT 2019-2021

Figure 4-1: Rainfall Trend for Kericho Met. Station

Source: KMD

Figure 4-2: Rainfall Trend for Nairobi Dagoretti Met. Station

Source: KMD

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4.2: PROJECTED RAINFALL CHARACTERISTICS OVER KENYA IN 2030

Figure 4-3 shows the regions from Lake Victoria to the central highlands and east
of the Rift Valley likely to experience mild increases in annual rainfall while the
north east, coast, eastern and northwestern parts of the country are expected to
receive reduced annual rainfall amounts.

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Figure 4-3: Projected annual rainfall trends in Kenya by 2030

Source: KMD

4.3: CURRENT TEMPERATURE SITUATION

Temperature records from the Kenya Meteorological Department over the last fifty
years provide evidence of climate change in Kenya, with temperatures generally
showing increasing trends in many parts of the country starting from the early
1960s. Mean temperatures are also predicted to increase with a greater frequency
of ‘hot’ days and nights and fewer ‘cold’ days or nights. The temperature defines a
hot day or night exceeded on 10 percent of the days or nights in the current
average climate of an area (station), and cold days or nights are defined as the
temperature for the coldest 10 percent of the days or nights. In some regions,
nighttime warming features more prominently than daytime warming. The
evidence shown in Figures 4-4 and 4-5 highlights increasing trends in maximum
temperatures observed at Mombasa and Lodwar Meteorological stations,
respectively.

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 KENYA STATE OF ENVIRONMENT REPORT 2019-2021

Figure 4-4: Maximum temperature trend for Mombasa Met.station

Source: KMD

Figure 4-5: Maximum temperature trend for Lodwar Met.station

Source: KMD

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4.4: SPATIAL DISTRIBUTION OF ANNUAL MAXIMUM TEMPERATURE IN

THE PAST, PRESENT AND FUTURE

The following maps (Figure 4-6 a, b and c) illustrate annual maximum temperature
in the past, present and projected to increase further in future.

Figure 4-6: (a, b and c). Annual maximum temperatures in the past, current and future (2050)
respectively
Source: KMD (State of Kenya Climate 2019)

Figures 4-7, 4-8, and 4-9 highlight increasing trends in annual minimum
temperatures observed at Nairobi Dagoretti corner, Kakamega and Mombasa
Meteorological stations are clear signals of climate change.

Figure 4-7: Dagoretti Met-Station Annual Minimum Temperature Trend

Source: KMD

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 KENYA STATE OF ENVIRONMENT REPORT 2019-2021

Figure 4-8: Kakamega Met-Station Annual Minimum Temperature Trend

Source: KMD

Figure 4-9: Mombasa Met-Station Annual Minimum Temperature Trend

Source: KMD

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4.5: ANNUAL MINIMUM TEMPERATURE DISTRIBUTION FOR THE PAST

AND FUTURE
Figure 4-10 (a, b and c) illustrate an increase in annual minimum temperature in
the past, present and expected in 2050. Future IPCC projection scenarios indicate
an expected range of global warming of between 0.3°C for a scenario of constant
levels of greenhouse gas (GHG) emissions to 6.4°C for the highest case emissions
scenario. These shows an increase in minimum temperatures

Figure 4-10: a, b, & c) Illustrates an Increase in Annual Minimum Temperatures

Source: KMD (state of Kenya climate 2019)

4.6: GREENHOUSE EFFECT AND GLOBAL WARMING

Human activities (anthropogenic) are dominant forces responsible for most global
warming through changes in (GHGs): CO2, CH4, N2O, CFCs, O3, Aerosols, and
Land use/cover changes. GHGs affect climate by altering incoming solar and
outgoing infrared radiation energy balance through the ‘greenhouse effect.

These gases prevent the escape of heat initially received from the sun by the
earth’s surface as short-wave energy back to space.

Greenhouse Effect and Global Warming trap heat energy at the earth’s surface,
cumulative heating takes place over the years, and this is what has been referred
to as “global warming.” The continuous increase in CO2 and other GHGs, in the
earth’s atmosphere has led to high temperatures projected to rise by between 0.8
and 1.5°C by 2030.

Figure 4-11 shows an increase in the total national GHG emissions and removal
trends between 1995 and 2015.

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 KENYA STATE OF ENVIRONMENT REPORT 2019-2021

Figure 4-11: Demonstrate Total National Greenhouse Gas Emissions

Source: Climate Change Directorate (CCD 2015)

The chief greenhouse gases (GHGs) consist of Carbon dioxide (CO2), Methane
(CH4), Nitrous Oxide (N2O), Tropospheric Ozone (O3), and hydrofluorocarbons
(HCFCs) as illustrated in Figure 4-12.

Figure 4-12: Relative Contribution of the Various Gases

Source: Climate Change Directorate (CCD 2015)

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4.7: CLIMATE SCENARIO

A climate scenario is a plausible representation of future climate constructed to
investigate the potential impacts of anthropogenic climate change consistent with
assumptions about future emissions of greenhouse gases and other pollutants.
Emission scenarios are used to know how anthropogenic emissions will change in
the future by gradually increasing the atmospheric concentrations of greenhouse
gases and observing the future climate model trends. These are based on a
consistent set of assumptions about driving forces (e.g., demographic and socio-
economic, and technological change).

The assumptions include future trends in energy demand, emissions of greenhouse

gases, land-use change, and assumptions about the behavior of the climate system
over long-time scales. Figures 4-13 demonstrate Kenya’s total greenhouse gas
emissions trend from 1995 to 2015.

Figure 4-13: Total Sector Greenhouse Gas Emissions

Source: Climate Change Directorate (CCD 2015)

Climate change and variability have led to more frequent extreme weather events
such as hurricanes, erratic rainfall, flooding, more intense and prolonged droughts
and devastation of some coastal areas, species’ extinction, reduction in
ecosystems’ diversity, and negative impacts on human health (IPCC AR4 WGII,
2007). Examples of the impacts attributable to the current observed climate
change in Kenya include Sea level rise, the resurgence of some diseases, rivers
becoming more seasonal or disappearing altogether, rise in Lake’s water level,
Shifts in rainfall seasons (Onset and cession dates), more frequent severe flooding
and prolonged droughts and conflicts over limited resources.

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4.8: IMPACTS OF CLIMATE CHANGE ON ENVIRONMENT AND NATURAL

RESOURCE IN KENYA
The impacts of climate change cut across diverse aspects of society, the economy,
and the environment. The adverse effects have the potential to significantly inhibit
the sustainable development of Kenya in key priority areas:

4.8.1: Environment, Water and Forestry

Natural ecosystems have been adversely affected by climate change, including
variations of temperature and precipitation. The decline in environmental quality
brings social and economic hardship to the people who depend on these
ecosystems and increases contestation and the likelihood of conflict over
diminishing natural resources. It also creates a window for invasive species, new
pests, and diseases. The Arid and Semi-arid Lands (ASALs) are particularly
vulnerable to climate change impacts, especially in insufficient investments in
mechanisms to build resilience. Impacts include loss of biodiversity, threats to
animal and plant species, change in vegetation composition and structure,
decrease in forest coverage, rapid deterioration of land cover, and depletion of
water quality and quantity through the destruction of catchments and underground
aquifers.

Increased scarcity of water resources is a core concern making resource

management more difficult and increasing the likelihood of conflict. Water scarcity
will affect energy production and agricultural systems. Potential impacts include
declining forest coverage, reduced water quality and quantity for domestic and
industrial use, high water pricing, and increases in waterborne diseases.

Forests are susceptible to climate change. Forests provide environmental goods

and services and are a significant source of biomass energy. Forest degradation
and deforestation exacerbated by climate change have led to reduced canopy
cover and altered biodiversity composition. It affects the ecosystem services that
forests provide, such as reducing soil erosion, natural pest control, preserving
water availability, cleaning the air, and maintaining water quality. Deforestation
and forest degradation also affect GHG emissions.

4.8.2: Agriculture, Livestock, and Fisheries

The agriculture, livestock, and fisheries sector is one of the economic sectors in
Kenya that is most vulnerable to climate change. Some crops in Kenya are
expected to experience more favorable growing conditions due to climate change,
whereas others will find future climatic conditions intolerable. Maize yields are
likely to increase in mixed rain-fed temperate and tropical highlands, while the
ASALS are projected to experience a significant decline in crop yields.

Livestock management systems in Kenya, especially in the ASALs, rely extensively

on natural methods such as rain-fed pasture. These livestock systems are very

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climate-sensitive, vulnerable to changing and irregular rainfall patterns and

droughts. Greater drought frequency in the ASALs increases livestock morbidity
and mortality because of reduced availability of forage, increased disease
incidences, and a breakdown of marketing infrastructure.

In the fisheries sector, temperature changes in the aquatic environment affect the
breeding and feeding behavior of fish and significantly affect the species
composition. It is caused by the temperature increase on the nesting and feeding
grounds. In some cases, catches of non-resident species have been reported, with
a compounded risk of alien invasive species. The species of fish suitable for
certain areas, such as cold-water aquaculture, is increasingly becoming
unsustainable. The combined effects of these factors have a negative impact on the
socio-economic status and livelihoods of the fisherfolk.

4.8.3: Trade
Diversified and climate-resilient trade sector is imperative for Kenya to attain low
carbon climate-resilient development. The trade sector depends on products and
services developed by other sectors of the economy, and any adverse climate
change impacts of such sectors will likely impact trade. The agriculture,
manufacturing, and transportation sectors, which are key for internal and
international trade, are highly vulnerable to climate variability and extreme
weather events. A successful trade sector will therefore require building resilience
across the entire economic regime in Kenya.

4.8.4: Physical Infrastructure

An improved and expanded physical infrastructure is an essential and necessary
enabler of socio-economic development. Climate proof infrastructure considers
the integration of climate change risks and opportunities in the design, operation,
and management of infrastructure. Another consideration is the promotion of
investment in infrastructure that supports transformation to a low carbon economy
while creating employment and reducing poverty.

4.8.5: Extractive Industries

The extractive industry in Kenya is rapidly developing into a potentially high
contributor to economic growth. High-value resources such as petroleum, coal,
and titanium have been discovered. Natural resource extraction contributes to and
is vulnerable to climate change. Extraction of resources such as petroleum and
minerals utilizes copious quantities of water and energy and releases GHG
emissions. The exposure of sensitive infrastructure, such as pipelines, to extreme
weather events, could result in disasters with significant adverse impacts on the
Kenyan environment, economy, people, and property. Therefore, extractive
industries require mainstream climate proofing to protect the environment and
natural resources, and economic development.

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4.8.6: Energy
Biomass energy, such as charcoal and firewood, continues to be common in the
country’s urban and rural households. Hydroelectricity generation, which is still
prevalent in the country, is affected by extreme droughts. Reductions in reservoir
levels can decrease hydroelectricity generation, leading to shifts in fossil fuels,
which increase GHG emissions. Coal and petroleum as sources of electricity
generation contribute to GHG emissions. Kenya possesses significant renewable
energy potential, including geothermal, wind, and solar.

4.8.7: Tourism
Tourism in the Kenyan context is highly climate-sensitive because of its close
connection to the natural environment. A large proportion of tourism depends
directly on natural resources, and much is focused on protected areas. Climate
variability is causing negative impacts that could inhibit the positive contribution
of tourism to Kenya due to wildlife changes in response to climate change.
Increasingly warmer temperatures reduce plant and vegetation productivity in
semi-arid environments, affecting wildlife diversity and distribution. It has resulted
in wildlife competing with domestic livestock and human beings for both food and
water. The main coastal areas are susceptible to sea-level rise due to low altitude,
high temperatures, and high humidity levels driven by climate change.

4.8.8: Health
Human health has been affected adversely by climate change impacts in Kenya.
The country has a high degree of risk from climate-sensitive infectious diseases
such as food or waterborne diseases. Increases in vector-borne diseases such as
malaria, dengue fever, and Rift Valley Fever have previously been witnessed
during periods of extreme weather events primarily driven by high temperatures
and intense rainfall, causing epidemics.

4.8.9: Coastal and Marine Ecosystems

Local communities have a high dependence on coastal and marine ecosystems,
with a majority of people relying on fishing or fishery-related activities, and
tourism is a major income earner. Coastal and marine ecosystems such as
wetlands, mangroves, estuaries, and coral reefs are particularly vulnerable to
climate change. Temperature rise affects the health, structure, and function of
these ecosystems. For instance, changes in precipitation and sea-level rise will
have significant consequences for the water balance of these ecosystems. Further,
increases or decreases in rainfall and runoff may increase the risk of coastal
flooding or drought with implications on ecosystems and biodiversity. Sea level
rise resulting from climate change will gradually inundate coastal lands affecting
environments and natural resources situation.

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CHAPTER 5. WATER RESOURCES

5.1 INTRODUCTION
At a global and regional level, the water sector is implementing the United Nations
Sustainable Development Goals (SDG) and Africa Agenda 2063, emphasizing the
role of water resources in socio-economic development. At the national level, the
COK 2010 Article 62 classifies water bodies as public land held in trust for the
people of Kenya by the national Government. Part II of the Water Act 2016 section
5 states that the water resources are vested in and held by the national
Government. Water rights are through the issuance of a permit that ensures equity
and good practice in water sharing.

The per capita water resources available in 2010 was 586 m3 per capita per year
(GOK, 2013) against the global benchmark of 1000m3. The Water Resources
Authority (WRA) has developed several regulatory tools. It has adopted the
Integrated Water Resources Management (IWRM) approach, a global conceptual
framework to achieve the institution's goals. WRA as a regulator maintains water
resources quantity and quality by; assessments, monitoring, allocating water
resources equitably through water permit issuance, water apportionment by
assigning priorities to various water-use categories, giving priority to reserve and
domestic water demand, and technical support in watershed conservation
activities. The country has six catchment areas according to the drainage basin
shown in Figure 5-1

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Figure 5-1: The Water drainage basins in Kenya

Source: GRI and Hilda

5.1 SITUATIONAL ANALYSIS

Kenya’s water resources are classified into surface water and groundwater. The
representation of these are lakes, rivers, swamps, springs, dams, water pans, and
groundwater. The Kenya catchment area covers a total of 575, 451 km2. The
distribution where, the Lake Victoria North Catchment Area (LVNCA) covers
18,374 km2; Lake Victoria South Catchment (LVSCA) Area cover 31,734 km2; Rift
Valley Catchment (RVCA) Area cover 130,452 km2, Athi Catchment (ACA) Area

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cover 58,639 km2, Tana Catchment Area cover 126,026 km2 and Ewaso Nyiro
(ENNCA), North cover 210,226 Km2 (GoK, 2013).

The pressure on water resources increases, and water supplies are under pressure
from climate change and population growth. As water quality declines, water
treatment costs increase and further affect the ecosystem's health and aesthetic
values of water bodies.

5.1.1 Surface Water

Kenya has limited natural renewable water resources estimated at 42.1 BCM/year,
which consists of 20.6 BCM/year of surface water and 21.5 BCM/year of
groundwater recharge (GOK, 2013). The country has five major water towers,
namely, Mt. Kenya (199,558 ha), Aberdares Range (103,315 ha), Cherangani Hills
(128,000 ha), Mt. Elgon (73,089 ha), and Mau Forest Complex (400,000 ha). These
water towers form the upper catchments of the main perennial rivers in Kenya
(GOK, 2013).

The surface water resources include all permanent or intermittent inland waters,
such as streams, rivers, lakes, reservoirs, and wetlands, which occur in different
proportions. The surface water is distributed in the six catchment areas of Lake
Victoria North, Lake Victoria South, Rift Valley, Tana, Athi, and Ewaso Nyiro. Table
5-1 shows the distribution of the available water resources of six catchment areas.

Table 5-1: Available Water Resources by Catchment

Units: Million Cubic Meters (MCM)
Catchment Area Area (Km2) 2010 2030 2050
LVNCA 18,374 4,742 5,077 5,595
LVSCA 31,734 4,976 5,937 7,195
RVCA 130,452 2,559 3,147 3,903
ACA 58,639 1,503 1,634 2,043
TCA 126,026 6,533 7,828 7,891
ENNCA 210,226 2,251 3,011 1,810
Total 575,451 22,564 26,634 28,437
Source: National Water Master Plan (NWMP 2030)

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Water Demand
The total water demand in 2010 was 3,218 MCM/year against the available
22,564MCM/year. The demand will rise to 21,468MCM/year in 2030 against the
available 26,634MCM/year (GOK, 2013). Although there seems to be sufficient
water to meet the demand, available water resources in the Athi basin have barely
met the demand since 2009. As is evident from Figure 5-2, the situation may
worsen by the year 2030. The suggestion that new approaches to water
conservation such as roof and rock catchment need to be promoted to supplement
the traditional natural supplies and prepare for drought resilience is crucial.
Because of human activities and climate variability, water availability in space and
time has not been guaranteed in recent years. Hence, there is a need for water
governance to strengthen the protection, management, and conservation of these
resources.

Figure 5-2: Water Demand Trends in Catchment Areas (Units: MCM)

Source: National Water Master Plan (NWMP 2030)

Water Quality
Water quality refers to the chemical, biological and physical characteristics of a
water resource. Both natural and human activities influence it. Sources of pollution
can be broadly categorized into two; point and non-point source pollution. Point
source pollutions are those with traceable points of origin into a water body; an
example is effluent from a factory/course, while non-point source example result
from agricultural activities are diffuse.

Within the catchment areas, the increase in the number of industries and urban
development has negatively impacted water quality. Water pollution has caused
some water bodies to have high nutrient levels that emanate from the farms
causing eutrophication like that in Lake Victoria. Excessive growth of these types
of organisms clogs the waterways and blocks light to deeper waters where
organisms live; when the organisms die, oxygen is consumed during
decomposition creating oxygen-poor waters that affect aquatic life.

Human activities like unsewered domestic sanitation, disposal of urban and

industrial wastes (solid and liquid) affect groundwater quality. Natural influences

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include geologic formations and aquifer conditions. Water pollution leads to the
spread of water-borne and water-related diseases and reduces the availability of
safe water. In addition, pollution causes the death of fish. These have ripple effects
that affect people’s livelihoods. Some of the water resources within the catchment
areas are exposed to pollution from anthropogenic activities such as motorbike
washing, bathing, car wash, and encroachment of the riparian areas. To control
water resource pollution, the development of an effluent discharge control plan
and obtain an effluent discharge permit from the National Environment
Management Authority (NEMA) is provided for by the law.
The WRA currently has seven water quality testing laboratories, one in Nairobi
National Water Testing Laboratories and one at each of the WRA’s six regional
offices. The six water quality test laboratories are Kakamega, Kisumu, Nakuru,
Machakos, Embu, and Nyeri. It is recommended that the public visit these
laboratories to be advised and sensitized on the quality of water they are using
either for domestic, irrigation, recreation, and livestock purposes. Figures 5-3 and
5-4 show the trends of electrical conductivity and total dissolved solids for the
Ewaso Ng’iro River. This Ewaso Ng’iro River at 5BC04 stations monitors Aberdare
Ranges and part of Mt. Kenya river systems.

Figure 5-3: Electrical Conductivity of Ewaso Ng’iro River

Source: WRA National Situation Report FY 2018-2019

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 KENYA STATE OF ENVIRONMENT REPORT 2019-2021

Figure 5-4: Total Dissolved Solids of Ewaso Ng’iro River

Source: WRA National Situation Report FY 2018-2019

Athi Catchment Area

Figure 5-5 shows a comparison of pH for selected stations at the Athi catchment
area. The pH values in Athi River at Baricho (3HA13) remained relatively constant
between 2012 (pH 8.18) and 2014 (pH 8.25), after which a gradual, gentle increase
is noted until 2016 (pH 8.25 to 8.81) before a decrease in the average value of 8.82
in 2017. The highest value for the station has also been recorded in 2017 at 9.3. The
indication being increased loading of the river with basic chemical materials from
upstream locations from a combination of point and non-point sources. Further
monitoring is recommended covering a broader spectrum of water parameters to
present a clear picture of Athi Catchment water quality.

Figure 5-5: Trends in pH for Selected Water Bodies

Source: WRA National Situation Report FY 2018-2019

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Lake Victoria North Catchment Area (LVNCA)

In this catchment area sources of Nitrates include mainly domestic sewage,
agricultural run-off and agro-industrial effluents. Its excessive presence in surface
waters usually indicates domestic or agricultural pollution.

Figure 5-6: Concentrations of Nitrates at LVNCA

Source: WRA National Situation Report FY 2018/2019

Figure 5-6 above shows the concentrations of Nitrates in some of the stations in the
Lake Victoria North Catchment. The average concentrations of Nitrates (NO3)
ranged from 0.44 to 4.4 mg/l compared to 1.03 mg/l to 7.24 mg/l during 2017/18.

5.1.2 Ground Water

Most of the current groundwater monitoring stations are mostly production
boreholes used for water supply to institutions or individuals. However, WRA has
established monitoring wells equipped to transmit real-time data on the
groundwater levels and are not for production purposes. Water level trend is
expected to give an overview of the general behavior of the aquifer and responses
to various occurrences, either natural or anthropogenic. These monitoring wells
are sited scientifically in different aquifers and are drilled in safe and secure areas
like in institutions. All the facilities identified are required to support this initiative
as it will inform the development of this country regarding the amount of water
available and the quality.

In Ewaso Nyiro North Catchment Area (ENNCA), the groundwater level is

consistently taken from four monitoring stations. The trends have been relatively
stable during the year depicting a balance between abstraction and recharge, as
illustrated in Figure 5-7.

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 KENYA STATE OF ENVIRONMENT REPORT 2019-2021

Figure 5-7: Abstraction and recharge levels at various stations in ENNCA

Source: WRA National Water Situation Report of FY 2017/2018
Projected Future Scenarios of Lake Turkana Water Levels
Lake Turkana is projected to present varied patterns of water levels over the
coming years. Continued abstraction of upstream water and the possible
construction of Gibe dams will leave little water for the lake. The projection is that
it is too likely a split of Lake Turkana into two lakes will occur. Figure 5-8 shows
lake height measurements taken between 1992-2018 as measured from Satellite
Altimetry. Owing to the Gibe Dams and the Kuraz Sugar irrigation, the lake’s
bathymetry and the extent to which the shoreline is projected to recede is severe.

Figure 5-8: Heights Variations of Lake Turkana

Source: Malala et al 2018

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5.2 WATER AND SANITATION

Water Coverage refers to the number of people served with drinking water
expressed as a percentage of the total population within the service area. It is
critical in tracking the progressive realization of the right to water concerning the
accessibility component in the normative content of the right to water. The average
water coverage currently stands at 59% in urban and urbanizing areas compared
to 57% in the previous year. This change translates to an additional 894,827
people, representing 229,442 households. It is estimated that an average of
200,000 new households have to be served additionally to reach the target of
universal access by 2030 (WASREB No. 12/2020).

The water service provision is a shared role between the two levels of Government
with regulation and development of national public works retained at the national
level and service provision at the County level. The population in the service area
of the 87 utilities was 23.43 million, and out of these, the utilities serve 13.83
million, representing 3.55 million households. Non-Revenue Water (NRW) is water
that has been produced and is "lost" before it reaches the customer. Losses can be
actual losses (through leaks, sometimes also referred to as physical losses) or
apparent losses (such as theft or metering inaccuracies). They can largely be
attributed to various factors relating to governance. Table 5-2 presents Kenya's
progress on water and sanitation regarding the country blueprint, Vision 2030
goals
Table 5-2: Progress made with Respect to Vision 2030 Goals
Indicator Status Goals Goals Remarks
2017/2018 (NWSS 2030
2015) (Vision
2030)
Water 57% 80% 100% This is for areas covered by
Coverage commercialized utilities
Skewered 16% 40% 100% Includes sewered and Non-
Sanitation Sewered sanitation
Non- 41% <30% <25% The indicator has not
Revenue recorded significant
water improvement despite the
commercialization of
services
O+M Cost 99% 100% 150% 150% is a proxy measure for
Coverage full cost coverage
Source: WASREB Impact Report Issue No.11of 2019
It can be seen that nearly 10 years to the timeframe, water coverage targets are
just midway while those on sanitation are way below. Figure 5-9 shows the trend in
water and sewerage coverage.

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 KENYA STATE OF ENVIRONMENT REPORT 2019-2021

Figure 5-9: Trend in Water and Sewerage Coverage

Source: WASREB IMPACT Report Issue No.12/ 2020
5.2.1 Sewered Sanitation Coverage
Sewerage coverage currently stands at 17%, a marginal increase from the figure of
16% recorded in the previous year. To achieve the Vision 2030 target of safely
managed sanitation services, the focus by the service providers and policymakers
should be inclusive of urban sanitation that combines both sewered and non-
sewered sanitation options. The regulator Water Services and Regulatory Board
(WASREB) is developing a regulation strategy and framework for non-sewered
sanitation. The framework considers that a huge proportion of the population
depends on non-sewered sanitation (WASREB, 2019).

Sewered sanitation is currently available to only about 3.9 million people in 26

counties, with 61% of this being within Nairobi County. That, therefore, implies that
21 counties lack any systems for waste management. To achieve safely managed
sanitation services as per the Sustainable Development Goal 6, sanitation
practitioners and providers are adopting a Citywide Inclusive Sanitation (CWIS)
approach. This approach seeks to ensure that everyone benefits from adequate
sanitation service delivery outcomes embracing the principles of safety, equity,
and sustainability (WASREB, 2020)

The national priority for the Kenya Government concerning sanitation are:

 To eradicate open defecation by the year 2030

 To improve access to sewerage in urban areas to 40% by the year 2022 and
80% by the year 2030

Non-Revenue Water Management

Water is a limited resource. Therefore, if the business-as-usual approach is
maintained in water resources management, Kenyans will face a 30% gap between
available freshwater supply and demand by the year 2030 (WASREB, 2019). Non-
Revenue Water (NRW) has remained relatively stagnant, between 41% and 47%
for the last 11 years (WASREB, 2020). Table 5-3 highlights the trend in key
performance indicators in the water sector.

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 KENYA STATE OF ENVIRONMENT REPORT 2019-2021

Table 5-3: Performance Trend

Source: WASREB Impact Report Issue No. 12/2020

5.3 WATER RESOURCES GOVERNANCE SITUATION

Water Act, 2016

The Water Act, 2016 is the principal legal framework that steers water resources
governance in Kenya. Other environment and natural resources-related statutes
also offer governance aspects beneficial to water resources. The Water Act 2016
vests ownership and control of water resources, including their use, to the national
Government in trust for the people of Kenya. Every water resource in the country is
vested in the State, subject to any rights of user granted under the Act or any other
written law. Further, the Act allows the Cabinet Secretary to exercise control over
every water resource under the Act. The Water Resources Authority (WRA) is
vested with the responsibility for overall sector oversight, including providing
information and advising the Cabinet Secretary the Ministry in charge of water in
policy formulation, coordination, and resource mobilization. The Water Resources
Authority is to serve as an agent of the national Government and regulate the
management and use of water resources. Concerning the water user rights, the
Water Act 2016 provides that every person has the right to access water resources,
whose administration is the function of the national Government as stipulated in the
Fourth Schedule to the Constitution.

Water Act 2016 section 25 requires an establishment of a basin water resources

committee. The composition and responsibilities of the committee are outlined in
section 26 and 27 of the Act. Communities are allowed to participate in water
resources governance by forming the WRUAs established as associations of water
resource users at the sub-basin level under regulations prescribed by the
authority. The Act specifically provides for public consultation to develop national

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strategies such as the National Water Resources Strategy and the Water Services
Strategy.

The water resources management functions that have been allocated to the
national Government are spelt out in the Fourth Schedule, Part I, and include; use
of international waters and water resources; national public works-water resources
development, especially on permitting and ensuring compliance to permit
conditions on water-retaining infrastructure and works on water bodies; protection
of the environment and natural resources to establish a durable and sustainable
system of development, including, in particular-water protection, securing
sufficient residual water, hydraulic engineering and the safety of dams; disaster
management- water-related disasters like flooding, drought, and landslides; and
capacity building and technical assistance to the counties.

On the other hand, the water resources management functions that have been
devolved to County Governments are spelt out in the Fourth Schedule Part 2.
These include implementing specific national Government policies on natural
resources and environmental conservation, including soil and water conservation;
County public works and services, including stormwater management systems in
built-up areas; firefighting services and disaster management, especially on water-
related disasters. To actualize, the principles of natural resources management as
envisaged in the current Constitution of Kenya, 2010, in a framework that engages
the County Governments, WRA intends to:

 Provide information on water resources availability, use, allocation, and

viable options for water resources investments planning to meet any water
deficit for the County's developmental needs.
 Support the assessment of water resources to inform planning and decision-
making.
 Work with the concerned County Governments to domesticate the
development and management plans in the National Water Master Plan 2030
and jointly prepare an implementation matrix for each plan.
 Apportion the water resources equitably among various users and uses,
including maintaining the reserve.
 Work with the concerned County Governments to protect water resources
from harmful impacts.
The Water Act 2016 empowers County Governments to commission water services
providers, a public limited liability company established under the Companies
Act, 2015, or other bodies providing water services as approved by the Regulatory
Board. In selecting a water services provider, a County Government must comply
with the standards of commercial viability set out by the Regulatory Board. A water
services provider shall be responsible for providing water services within the area
specified in the license; and the development of County assets for water service
provision.

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The Act also provides that a County water services provider may, with the
approval of the relevant licensing authority, extend water services to rural or
developing areas. The Act further provides that nothing in its provisions should
deprive any person or community of water services if the grounds of such services
are not commercially viable.

The Act also requires every County Government to put in place measures for
providing water services to rural areas that are considered not to be commercially
viable for the provision of water services. The measures referred to in subsection
(2) shall include the development of point sources, small scale piped systems and
standpipes that meet the standards set by the Regulatory Board and which may be
managed by the Water community associations, NGOs, or a private person under a
contract with the County Government. Further, to implement its obligations under
this section, a County Government should formulate and submit annually to the
Regulatory Board and the Cabinet Secretary a five-year development plan
incorporating an investment and financing plan for the provision of water services
in the rural areas referred to subsection (1) within its area of jurisdiction. The
Cabinet Secretary also provides technical, financial, and other assistance to a
County Government to enable the County Government to discharge its
responsibility under this section.

Public institutions play a significant role in managing and protecting our

environment and natural resources, including forests, river systems, coastal and
marine. The Constitution 2010 guides the two-level of Governments in Kenya to
properly manage, develop, protect, restore, enhance and conserve the natural
environment.

The Fourth Schedule to the Constitution of Kenya outlines the obligations of the
central (national) Government and those of the County Governments. The
obligations of the central Government towards natural resource management
include:

 The protection of the environment and natural resources to establish a

durable and sustainable system of development, including, in particular,
fishing, hunting, and gathering.
 Protection of animals and wildlife.
 Water protection, securing sufficient residual water, hydraulic engineering,
and the safety of dams.
The County Government is obligated to implement specific national Government
policies on natural resources and environmental conservation including, soil and
water conservation and forestry. Further, the County Governments are also
supposed to ensure and coordinate the participation of communities and locations
in governance at the local level and assist communities and locations to develop

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the administrative capacity for the effective exercise of the functions and powers
and participation in governance at the local level (Muigai, 2018).

5.4 WATER RESOURCE AUTHORITY

The Water Resources Management Authority (WRMA) was established in 2005. It
was later renamed as Water Resources Authority (WRA) under the Water Act 2016
that was operationalized on the 21st of April 2017. Water Resource Authority is the
national Government’s lead agency mandated to regulate the management and
use of water resources. Further, to formulate and enforce standards, procedures,
and regulations for the management and use of water resources and flood
mitigation; coordinate with other regional, national, and international bodies for
better regulation; Allocation of water resources through issuance of licenses and
water permits and enforce conditions to those permits for water abstraction. In this
strategy, WRA is expected to participate in planning, mapping water resources,
and creating awareness to the community on the importance of protecting the
water reserves. Further, facilitate the establishment of Water Resource Users
Associations (WRUAs) and work with them to manage water resources and conflict
resolution over water use.

Wetlands and Marine Resources

Wetlands
Wetlands are natural or man-made areas that are seasonally or permanently
flooded with water. They include swamps, marshes, bogs, shallow lakes, ox-bow
lakes, dams, riverbanks, floodplains, water catchment areas, fishponds, rice
paddies, lakeshores, mangroves, seagrass beds, deltas, estuaries, coral reefs, and
seashores. Globally, wetlands occupy about 6% of the earth's surface. In Kenya,
wetlands occupy about 3% to 4% of the land surface, approximately 14,000 km2,
and fluctuate up to 6% during the rainy seasons. Kenya' wetlands depend mainly
on the amount of rainfall and, to some extent, on the landform.

Wetlands are critical water resources that serve as water purification systems.
During the dry seasons, wetlands are the only places where the local communities
can fetch water for domestic use. They also control floods and filter the water of
pollutants. Wetlands are therefore an essential resource for the achievement of
Vision 2030 and the Big 4 Agenda. At the global scene, the RAMSAR Convention
obligates parties to formulate and implement their planning and policies to
promote wetlands conservation.

The role of wetlands in sustaining ecological and human life has continued to
receive prominence at the global, regional and national discourses. The United
Nation's Convention on Sustainable Development in paragraph 122 (UNCSD, 2012)
underscored the role of various ecosystems such as wetlands in maintaining water
quantity and quality. There is a need to support actions to national boundaries to
protect and sustainably manage these important ecosystems. Wetlands are a

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fundamental part of the local and global water cycles that facilitate global and
national developmental goals, including the Sustainable Development Goals
(SDGs).

In recent times, wetlands have been subjected to severe degradation through the
encroachment of illegal settlements and farming. For example, flash floods are
being experienced in many parts of the country. Hence the need for wetland
management.

Wetlands contribute directly and indirectly to the national economy through

provisioning, supporting, regulatory and cultural services. These ecosystems are
key to socio-economic development and are the resource base for the Sustainable
Blue economy in the country. For instance, Lake Nakuru, injects enormous foreign
exchange from tourism activities.

Despite the value of wetlands, they continue to face a myriad of challenges,

including reclamation and encroachment for agriculture, settlement, and industrial
development; invasive and alien species; pollution and eutrophication. Other key
challenges include ownership of wetlands, overlapping institutional mandates,
inadequate resources for governance, the inadequate linkage between research,
planning, and policy development.

The Government of Kenya has made significant strides in wetlands management,

including the development of the Kenya Wetlands Atlas (2012), which maps the
country's wetland resources. A master plan for the conservation and sustainable
management of water catchment areas in Kenya has also been developed to guide
practical and transformative actions for the sustainable management of these
complex ecosystems. Furthermore, a nationwide inventory of wetlands to take
stock of the resources, challenges, and opportunities for sustainable development
and surveillance continues.

Kenya also has a National Wetlands Conservation and Management Policy 2016
developed in conformity with the Constitution of Kenya 2010, Kenya's Vision 2030,
the National Land Policy, and other national frameworks.

This policy aims to ensure the wise use and sustainable management of wetlands to
enhance the sustenance of Kenya's wetland's ecological and socio-economic
functions for the benefit of present and future generations. The policy, therefore,
sets out policy statements on how the Government should address wetland
conservation and management challenges with the following objectives:

 To establish an effective and efficient institutional and legal framework for

the integrated management and wise use of wetlands.

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 To enhance and maintain functions and values derived from wetlands to

maintain ecosystem goods and services, protect biological diversity and
improve the livelihood of Kenyans.
 To promote communication, education, and public awareness among
stakeholders.
 To enhance scientific information and knowledge base on Kenyan wetland
ecosystems.
 To strengthen institutional capacity on conservation and management of
wetlands.
 To promote innovative planning and integrated ecosystem management
approaches towards wetlands conservation and management in Kenya
 To promote partnership and cooperation at the County, national, regional,
and international levels to manage transboundary wetlands and migratory
species.
Rivers, Lakes, springs and Ground Water
Table 5-4 shows the major rivers in Kenya and their catchment area in Square
Kilometers.
Table 5-4: Major Rivers of Six Catchment Areas
Catchment Area Area (Km2) Major Rivers
Lake Victoria North 18,374 Nzoia, Yala
Lake Victoria South 31,734 Nyando, Sondu, Kuja (Gucha), Mara
Rift Valley 130,452 Turkwel, Kerio, Ewaso Ng’iro South
Athi 58,639 Athi, Lumi
Tana 126,026 Tana
Ewaso Ng’iro North 210,226 Ewaso Ng’iro North, Daua
Total 575,451
Source: WRA Catchment Management Strategies 2014-2022
Lake Victoria
Lake Victoria, the largest of all African Lakes, is also the second most expansive
freshwater body globally. Its extensive surface belongs to three East African
countries, with the northern half to Uganda, the southern half to Tanzania, and part
of the northeastern sector to Kenya (wldb.ilec.or.jp/ - World Lake Database).

The lakeshore is highly indented, and there are many isles in the lake, some of
which, especially the Sesse Group, are known for their beautiful landscape, health
resorts, and sightseeing places. Abundant prehistoric remains found around the
lake indicate the early development of agriculture. Lake Victoria's water quality is
mainly affected by improper farming methods and human activities upstream,
causing pollution and soil erosion. The water hyacinth infestation is threatening the
lake ecosystem. The five fish landing beaches, namely; Usenge, Wich Lum, Luanda
Kotieno, Asembo Bay, and Misori, have previously been assessed and
recommended for general hygiene improvement (wldb.ilec.or.jp/Lake/AFR-05).
Monitoring of the lake level started way back in the 19th century, and trends in
water levels have been established. WRA rehabilitated and upgraded the
monitoring station in September 2019, and the trend is shown in Figure 5-10.
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Figure 5-10: Rainfall and lake water levels in selected months of 2019/2020
Source: WRA LVSCA Report 2020.
Figure 5-11 shows Fishing boats on the lake shore of Lake Victoria and the
fishermen preparing their nets.

Figure 5-11: Fishing Boats on the Lake Shore

Photo: Kevin Ouma UNDP

Lake Nakuru
Lake Nakuru is a small, shallow, alkaline-saline lake located in a closed basin
without outlets in the Eastern Rift Valley of equatorial East Africa. It is the center of
Kenya's most familiar national park known for its spectacular bird fauna (495
species), notably the vast flock of lesser flamingo (Phoeniconaias minor). The lake
is a soda-lake with a water pH value of 10.5 (World Lake Database -Lake Nakuru -
wldb.ilec.or.jp/Lake/AFR-07). Studies show that the lake level dropped drastically
in the early 1990s but has since largely recovered. In 2013, the lake received an
alarming increase in the water levels that led to the migration of flamingos. The
lake has risen to levels that have never been seen in the last 50 years. The rise in
levels also includes most of the lakes in the region. WRA team has embarked on an
exercise to investigate the current high level of lakes, especially in Rift Valley.

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Springs
There are several springs in the country whose sources of water supply for various
sectors and the community in the rural areas. The significant springs include the
Mzima, Njoro Kubwa, Noltresh, and Kikuyu springs.
Figure 5-12 shows the major springs in the country. Various statutes such as Water
Act, 2016, and EMCA and its subsidiary legislations provide for the governance of
springs among other wetlands. Given challenges that face conservation of springs
like other wetlands, it is recommended that in addition to current legal and
institutional arrangements, a framework of cooperation between regulatory
agencies on wetlands needs to be developed and adopted to strengthen
governance and conservation wetlands.

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 KENYA STATE OF ENVIRONMENT REPORT 2019-2021

Figure 5-12: Major Springs in Kenya

Source: GRI and Hilda

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Deltas and Estuaries

Along the coast, wetlands are represented by deltas, estuaries, tidal marshes,
mangrove swamps, seagrass beds, and coral reef ecosystems. Tana delta is the
most extensive wetland in Kenya, with an estimated area of 130,000 ha. It is a
wetland of local and international importance, having been designated as a
Ramsar Site in 2012. The Delta is also an Important Bird Area (IBA) and the second
most important estuarine and deltaic ecosystem in Eastern Africa, with extensive
floodplains and diverse mangrove systems (Hamerlynck, et al., 2008)

Another major wetland along the coast is the Sabaki estuary, which covers an area
of 600 ha. The estuary consists of sandbanks, mud banks, dunes, mangroves,
seasonal and permanent freshwater pools. The Sabaki estuary is an IBA that
provides habitats for migratory and resident birds with other important animal
species, including baboons, monkeys, antelopes, crocodiles, and hippopotamuses
that attract visitors to the site.

Coastal lakes
Oceans are central to the delivery of SDG 14 and are very important sources for
the livelihoods of most vulnerable communities. However, human activities
continue to threaten these water bodies with detrimental long-term impacts on the
planet. There are three major lakes in the coastal region of Kenya, namely, Lake
Kenyatta (Mkunguya), Lake Jipe, and Lake Chala. Lake Kenyatta in Lamu County is
the largest of the three with a surface area of 496 km2 and is part of the lower Tana
River basin. Lakes Jipe and Chala, on the other hand, are transboundary, occurring
between Kenya and Tanzania border in Taita-Taveta County. Coastal lakes and
their riparian areas support rich biodiversity (Table 5-5) and vital economic
activities of the surrounding settlements. They are also a source of water to the
adjacent communities and wildlife.

Among the coastal lakes, Lake Kenyatta has no restriction to resource exploitation;
hence, the lake faces a number of challenges ranging from encroachment,
selective felling of riparian vegetation, overgrazing, soil harvesting, and impact of
invasive species such as Prosopis juliflora and aquatic plants (NEMA, 2017)).
Indirect threats include excessive abstraction of underground water in numerous
shallow wells and boreholes sunk by surrounding local communities to draw
underground water for domestic use and irrigation agriculture. As a result,
overgrazing of large herds of cattle owned by the local communities is among the
major forms of pressure in this lake. Figures 5-13 shows elephants grazing on the
shores of the lake.

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Table 5-5: Biodiversity of the Coastal Lakes

Lake Biodiversity

Kenyatta Over 306 plant species including those of special concern are found within
the mixed vegetation types, including wooded grasslands, shrublands,
overstorey forests and onshore vegetation on bogs.

105 species of invertebrates including 26 species of butterflies, 13 of bees,

3 of ants, 2 of

wasps, 49 of beetles, 2 of cockroaches, 3 of snails, 4 of dipterans, 3 of true

bugs & several unidentified species of spiders, scorpions and millipedes;
some of which falls under species of special concern.

Over 23 species of waterbirds at Lake Kenyatta. The most abundant species

are African

Open-billed Stork, Cattle Egret and White-faced Whistling Ducks. Small

mammal

Assemblages of the immediate surroundings, including rodents, bats,

shrews, lagomorphs, mesocarnivores, hyraxes, and lorrisids

An endemic Lorissid primate, Galagoides cocos is found in the forests

around the lake

The lake is known for its endemic fish species, water birds, mammals,
wetland plants and lake-edge swamps, which extend about 2 km from the
shoreline (Maltby, 2009)

Vegetation dominated by bulrush (Typha domingensis) locally known as

“Gugu maji” that grows out from the lakeshore forming floating ‘islands’
and fringing the lake edges.

Swards of Cyperus laevigatus, Sporobolus spicatus and S. macranthus, and

also papyrus, being the major plants as well as 50 others found on the
landward side.

Jipe One of the few places in this part of Eastern Africa where the Lesser Jacana
and the Purple Gallinule are common and where the Madagascar Squacco
Heron, Black Heron, African Darter and African Skimmers are often seen.

Herbivores, carnivores, ungulates, reptiles are among the different wildlife

species that have adapted to the environment around the Lake Jipe
catchment area. These include; zebras, impalas, gazelles, hippopotamus,
crocodiles, water monitors, otters and elephants.

Chala Home to endemic Lake Chala tilapia Oreochromis unter which is critically
endangered as per IUCN red list of threatened species

Source: KCDP, 2014

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Figure 5-13: Elephants grazing along the riparian zone of Lake Jipe
Photo courtesy: Stephen Mwangi
Lake Jipe is facing numerous environmental and management challenges
including: lake recession, sedimentation, deteriorating water quality, increased
salinity and accelerated weed invasion (Figure 5-14). These changes potentially
affect the biodiversity and provision of ecosystem services.

Figure 5-14: Invasive species water cabbage Pistia stratiotes in the shores of Lake Jipe
Photo credit: Stephen Mwangi

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The catchment is facing human-induced changes due to land use activities and
diversions of River Lumi for agriculture and domestic use. The lake ecosystem is
now at risk from environmental degradation due to heavy sedimentation. The
presence of which has caused rapid growth and spread of the macrophytes,
especially emergent Typha domingensis, which have colonized a large proportion
of the lake. Sedimentation results from soil erosion in the riparian areas arising
from anthropogenic activities, including settlement and agriculture. Consequently,
the fishery once relied upon heavily in the Taita-Taveta region has since declined
due to the changes in water quality, among other factors. Figures 5-15 shows
fishermen in a traditional boat in Lake Jipe fishing.

Figure 5-15: Fishermen in A Traditional Vessel in Lake Jipe

Photo source: KCDP 2014

Governance strategies to conserve wetlands include ratification of the Ramsar

Convention (Ramsar, 1971) in 1990 to address sustainable utilization of wetland
resources and formulation of the National Wetlands Conservation and Management
Policy (2016) to guide the management and use of wetlands in the country. A site-
specific management plan has been developed e.g., for the Tana Delta. The focus
of the management plan is renewing efforts by the local community and other
stakeholders to utilize the resources within the delta sustainably. A management
plan for Lake Jipe has also been developed.

Building on the Blue Economic Conference's recommendations in November 2018,

our country Kenya needs to accelerate the implementation of the
recommendations arising from the conference. The recommendations mainly call
for the Blue Economic concept to ensure the sustainability of these water bodies
and their surroundings.

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5.5 DRIVERS, PRESSURES, IMPACTS AND RESPONSE STRATEGIES

In Kenya, pressures in coastal wetlands and lakes are driven by unsustainable

human activities within and adjacent to the catchment areas and in the wetlands.
Lack of coordinated and holistic policy guidelines and climate change have also
contributed. Communities within and adjacent to coastal wetlands and lakes
practice mixed farming, fishing, sand collection, among other economic activities,
which are the major drivers of change (Table 5-6). Frequent drought and
abstractions of water upstream, either for irrigation or energy, resulting in
alteration of sediment dynamics downstream, thereby affecting loss of critical
habitats and species and resource use conflicts and loss of livelihoods. For
example, Tana Delta and the Athi-Sabaki estuary show evidence of shoreline
change resulting from reduced freshwater flow and increased sedimentation.
These changes have eroded the ecological and socio-economic values and
services derived from these wetlands. The Blue economy protects aquatic
ecosystems and coastal regions through sustainable initiatives.

Table 5-6: Major Drivers, Pressures, and Impacts of the Changes in Coastal Wetlands
Underlying Pressures Impacts
Sectors
Agriculture Excessive abstraction of fresh Water scarcity due to high
water
Unregulated diversion of water water demand
irrigation Changing river course
Conversion of wetlands water pollution and solid
agriculture and settlement waste management
Overgrazing Resource use conflicts
Sand mining Sand over harvesting Soil erosion/sedimentation
Fisheries Use of illegal/ destructive fishing Reduced hydrological
methods Capacity

Over exploitation of fisheries Loss of critical habitat and

resources Species
Forestry Overexploitation of forest
products
Tourism Conversion of wetlands for
tourism
development and Wastewater
discharge and pollution
Energy Excessive abstraction water
Alteration in freshwater flows and
sediment loadings
Source: State of the Coast Report for Kenya, 2017

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5.6 OPTIONS FOR STRENGTHENING WETLANDS GOVERNANCE

The action undertaken to conserve and safeguard wetlands in Kenya, include;

 Continual updating of the national wetlands inventory
 Develop and implement targeted, integrated wetlands management plans to
promote conservation and sustainable use of these resources
 Strengthen enforcement of relevant laws and regulations, including the
EMCA wetland and EIA regulations, to protect wetlands from unsustainable
developments and use
 Implement long-term wetlands monitoring programs to inform decision-
making and planning of wetlands conservation interventions
 Develop eco-tourism ventures to encourage the participation of
communities in the conservation of wetlands;
 Creating awareness among the local communities to enable them to
embrace conservation and management of wetlands
 Promoting the Blue economy initiatives can help mitigate pressures and
increase the resilience of marine resources and aquatic ecosystems.
 Reflection of wetlands governance systems to strengthen the procedures for
ensuring effective and efficient management of wetlands

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CHAPTER 6. AGRICULTURE, LIVESTOCK AND FISHERIES

6.1 INTRODUCTION
Agriculture is the mainstay of Kenya's economy, and the growth of the sector is
crucial to the country's overall economic and social development. The Government
has two agricultural production systems, i.e., rain-fed and irrigation. There are two
cropping seasons which occur during the long rain between March and May, and
short rains extending from October to December. The very high-altitude areas,
however, do not receive rain according to the seasons mentioned. Agriculture is
the major contributor to Kenya's economy, with crop production contributing 24.9
percent of the Gross Domestic Product (GDP) in 2017 (KNBS, 2018). Figure 6-1
shows the relationship between the National GDP and vis-à-vis Agriculture GDP,
and they present similar profiles indicating agriculture contributes to moving the
country's GDP. Small scale farms averaging 0.2 - 3 ha dominate the rain-fed
agriculture with about 75 percent of the total agricultural output and about 70
percent of the overall marketed agricultural produce.

Figure 6-1: The Relationship between Agricultural Performance and the National Economy
Source: Economic Surveys (2005 -2016) Kenya National Bureau of Statistics (KNBS)
6.2 IMPORTANT CROPS
The main food crops in Kenya are maize (Zea mays), wheat (Triticum aestivum),
beans (Phaseolus vulgaris), peas (Pisum sativum), bananas (Musa sp.), and
potatoes (Solanum tuberosum). Maize (Zea mays) is the principal staple food of
Kenya, and it is grown in 90% of farms. Maize is a strategic food security crop, and
poor yields almost inevitably result in food shortage and famine. It is also a major
income-generating crop and accounts for about 25 percent of agricultural
employment. Another important food security and cash crop in Kenya is the
banana which is popular among small-scale farmers. Common bean is the most
important legume and second to maize as a food crop. The main agricultural
export products from Kenya are tea (Camellia sinensis), coffee (Coffea arabica),
pyrethrum (Chrysanthemum cinerariifolium), sisal (Agave sisalana), and
horticultural products such as fruits, vegetables, and floricultural crops). Other
crops that are gaining popularity due to their nutritional value and adaptability to

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marginal environments include sorghum (Sorghum bicolor), millets (Eleusine

coracana), and cassava (Manihot esculenta). Different crops are of varying
importance in other regions of the country, as shown in Table 6-1.
Table 6-1: Important Crops and their relative Importance in Different Regions
Crop Region
Maize (Zea mays) Whole country
Rice (Oryza sativa) Whole country
Wheat (Triticum aestivum) Whole country
Sorghum (Sorghum bicolor) Eastern, Nyanza, North Rift, and Coast
Cassava (Manihot esculenta) Nyanza, Western and Coast
Beans (Phaseolus vulgaris) Eastern, Western, Nyanza and Central
Millet (Eleusine coracana) Eastern (Tharaka and Meru)
Cowpeas (Vigna unguiculata) Eastern and Nyanza
Green grams (Pisum sativum) Eastern and Coast
Mangoes (Mangifera indica) Coast, Eastern and Central
Cashew nuts (Semecarpus Coast
anacardium)
Pineapples (Ananas comosus) Central (Thika), Coast and Western
Oranges (Citrus sinensis) Coast and Eastern
Avocado (Persea americana) Central, Eastern and Coast
Bananas (Musa spp.) Nyanza (Kisii), Central, Eastern and
Western
Sugarcane (Saccharum officinarum) Western and Nyanza
Source: Modified from (Wambugu & Muthamia, 2009)
The agriculture sector performance decelerated from 6.1 percent recorded in 2018
to 3.6 percent in 2019 (Figure 6-2). Extreme weather phenomenon characterized
by drought during the first half of the year, followed by high rainfall in the second
half of the year, culminated in reduced production of selected crops. Maize
production declined from 44.6 million bags in 2018 to 39.8 million bags in 2019,
largely attributed to drought in several areas coupled with the army worms’
infestation (KNBS, Economic Survey, 2020).

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Figure 6-2: Real Agriculture Growth Rate, 2015 -2019

Source: KNBS, 2020

6.3 LIVESTOCK
6.3.1 Introduction
An analysis carried out showed that the demand for livestock products was
increasingly widening. According to (Delgado, 2005) supply and demand for
livestock products and by-products are affected by increasing population,
urbanization, improved literacy levels, and corresponding living standards and
prevailing import/export markets, among other factors. Livestock production is the
major activity in ASALs and contributes a considerable proportion of the Gross
Domestic Product (GDP) and agricultural labor force. From an environment and
natural resources perspective, overstocking in ASALs leads to land degradation. In
high potential areas, especially where zero-grazing is practiced, the main issue in
livestock production is waste management resulting in water pollution. In urban
areas, disposal of effluents from abattoirs, butcheries, and tanneries is a major
concern (Kenya National Environment Policy, 2014).

According to the census of 2009, the KNBS estimated that there were 17.5 million
cattle, 27.7 million goats, 17 million sheep, 3.7 million camels, 31.8 million
domestic birds, 1.8 million donkeys, and an undetermined number of companions,
game, and aquatic animals (KNS, 2009). The population of these livestock has been
on an upward trend, whose estimated capital worth was estimated at KES
812.9 billion provided. Table 6-2 provides the details. In 2018, the total livestock
products were valued at KES 1,891 billion.

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Table 6-2: Livestock Population

Specie Category Population Average Capital
s 2016 2017 2018 farm-gate value of
unit value stocks 2018
(KES) (Billion
KES)
Cattle Beef 16,023,45 13,764,93 14,501,44 20,000 290.0
Cattle 8 8 0
Dairy 4,505,733 4,573,871 5,133,703 50,000 256.6
Cattle
Sheep Hair 17,129,60 17,785,12 18,572,65 2,000 37.1
Sheep 6 9 1
Wool 831,233 973,944 913,048 4,000 3.6
Sheep
Goats Meat 26,170,37 25,182,44 26,279,75 3,000 78.8
Goats 1 5 0
Dairy 575,545 502,044 431,025 5,000 2.2
Goats
Camel 3,222,593 3,338,757 3,273,445 38,000 124.4
s
Poultry Indigenou 36,578,44 40,067,87 41,450,82 300 12.4
s Chicken 1 4 9
Layers 4,161,289 4,237,188 4,397,027 300 1.3
Broilers 3,056,747 3,819,515 4,041,510 300 1.2
Other 827,976 1,663,026 1,301,101 300 0.4
poultry⃰
Pigs 504,395 554,301 567,843 8,000 4.5
Rabbit 824,555 828,091 762,531 500 0.4
s
Total 812.9
Source: MoAL&F, 2018

The country produced over 7.634 billion liters of milk in 2017, valued at KES 414
billion. Dairy cows had 5.788 billion liters (76%), camels produced 0.553 billion
liters (7%), and goats produced 1.293 billion liters (17%) of the total milk
produced (FAO,2017). The per capita consumption of milk in the country is
estimated at 198 liters per year (Behnke & Muthami, 2011) which is the highest in
Africa. Milk production is closely related to cattle population but higher where
intensification is higher characterized by small landholdings rearing high
producing dairy cows in semi- or zero-grazing units.

In the last 55 years, the population trends of different major livestock species have
increased across species. Population changes are noted over some years, and this
may be due to severe climatic or other environmental changes that mainly affect

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the livestock, particularly in the ASAL areas. Population trends of different major
livestock species from the year 1963 to 2017 are highlighted in Figure 6-3.

Figure 6-3: Population Trends of Major Livestock Species

Source: MOAL&F

The Livestock sub-sector emissions total to 22,257.8 Gg CO2 equivalent, with most
GHG emissions arising from dairy cattle (primarily in zero-grazing) both from
enteric fermentation and manure management. Emissions in this sub-sector have
risen between 1995 and 2015, representing a 78.6% rise in emissions in the sub-
sector, as provided in the draft third national communication on Greenhouse gas
chapter. Emissions of methane (CH4) from enteric fermentation dominated the
livestock subsector standing at 94% of C02 equivalent. Manure Management only
contributed 6% of emissions to the sub-sector. Livestock manure is composed
principally of organic material. When the manure decomposes in the absence of
oxygen, methanogenic bacteria produce CH4. The emissions of CH4 are related to
the amount of waste produced and the amount that decomposes anaerobically.
CH4 is the main greenhouse gas produced as a by-product of digestion in
ruminants, e.g., cattle and some non-ruminant animals such as pigs and camels.
Ruminants are the largest source of CH4 as they can digest cellulose. The amount of
CH4 released depends on the type, age, and weight of the animal, the quality and
quantity of feed, and the animal's energy expenditure (Table 6-3).

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Table 6-3: Total Greenhouses Gas Emissions (CO2e) from Livestock, 1995 – 2015
Year 1995 2000 2005 2010 2015 Change
1995 -
2015
Enteric 11,703.4 10,722.1 12,843.5 14,383.0 20,919.9 78.75%
Fermentation
(CH4 Gg CO2
eq)
Manure 533.6 512.6 611.9 670.5 965.3 80.90%
Management
(CH4 Gg CO2
eq)
Manure 223.8 224.2 261.9 272.8 372.7 66.50%
Management
(N2O Gg CO2
eq)
Total Livestock 14,455. 13,458. 15,722. 15,326. 24,272. 78.62%
Emissions 8 9 3 3 9
Source: Draft Third National Communication Report 2020

The livestock farming sector contributes 12% to the Gross Domestic Product (GDP)
and about 44.5% of the agricultural GDP (FAO, 2016).

6.4 FISHERIES
6.4.1 Introduction
Kenya’s fisheries resources are both inland freshwater bodies and the territorial
waters, including the Exclusive Economic Zone (EEZ) and Territorial Sea within the
Indian Ocean. Figure 5-6 shows Kenya’s territorial oceanic waters delineation
(Source – Survey of Kenya). During the year 2018, the total fish production was
154,671 metric tonnes worth 25,857 million Kenya shillings (Figure 6-4). The
production was a 12.98% increase compared to 135,776 metric tonnes worth
23,177 million Kenya shillings landed in 2017. Most of the production, as in the
past, was from inland capture fisheries. The production from marine and
aquaculture was 24,220 and 15,320 metric tons, respectively (GOK, SDF&BE,
Fisheries Bulletin, 2017).

Inland capture fisheries contributed 74.8% of Kenya’s total fish production, with
the principal fishery being Lake Victoria. The lake accounted for 104,765 metric
tonnes, or 67.7% of the country’s total annual inland fish production in 2018.

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Source: Survey of Kenya

Figure 6-4: Kenya's Territorial Oceanic Waters Delineation

In the year 2019, the sector realized a decline in total fish production. Fish output
declined from 154,671 thousand tonnes in 2018 to 146.5 thousand tonnes in 2019.
The tonnage of freshwater fish landed decreased from 122.5 thousand tonnes in
2018 to 120.9 thousand tonnes in 2019. However, fish output from marine sources
increased slightly from 24.2 thousand tonnes in 2018 to 25.7 thousand tonnes in
2019. Fish farming accounted for 12.8 percent of the country’s fish output in 2019.
The tonnage of fish catches from this source increased by 20.9 percent from 15.3
thousand tonnes in 2018 to 18.5 thousand tonnes in 2019 (KNBS, 2020), as shown in
Figure 6-5. Lake Victoria, which remains the highest single source of fish in the
country, accounted for 62.5 percent of the total fish landed in 2019. However, this
was the lowest output over five years period. It is attributed to climate change,
deteriorating environment, inadequate fisheries infrastructure, inappropriate
fishing methods, water pollution, and restrictions on fishing in neighboring
countries such as Uganda and Tanzania. The national fish production from inland
waters increased from 15,000 Mt in 1950 to approximately 180,000 Mt in the 1990s.
Species contribution to catch has changed over the years and is currently
dominated by Nile perch (Lates niloticus), Dagaa (Rastrineobola argentea), and Nile
tilapia (Oreochromis niloticus).

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Figure 6-5: Fish production by quantity and value 2009-2018

Source: SDF&BE, Fisheries Bulletin, 2017

The marine capture fishery is composed of coastal and nearshore artisanal, semi-
industrial, and offshore industrial fisheries. Artisanal and semi-industrial fisheries
are exploited by the local coastal communities, while foreign fishing companies
exploit the industrial fisheries. Table 6-4 shows Kenya’s Marine fish production by
Coastal County. Coastal and Marine Fisheries of Kenya can be subdivided as:

i. Small-scale nearshore finfish fisheries

ii. Crustacean fisheries - prawns, lobsters, and red Crabs
iii. Pelagic fisheries - large pelagics include tuna, billfish, and shark species,
medium ones are Amberjacks, snake mackerels, Kingfish, and Barracuda.
The small pelagics include Indian mackerels, sardines, herrings, etc.
iv. Non-conventional marine fisheries - These fisheries include sea cucumbers,
cephalopods, ornamental fishery, ornamental curio, and recreational fishery
Table 6-4: Kenya’s Marine Fish Production per County in tonnes
COUNTY 2012 2013 2014 2015 2016 2017 2018
KWALE 2373 2358 4448 5079 5011 4846 4950
MOMBASA 1066 1178 1688 1743 1726 1719 1810
KILIFI 2403 2342 11292 11444 12211 11649 11700
TANA RIVER 743 803 763 575 552 630 650
LAMU 2279 2450 5096 3566 4775 6380 6450
Source: KeFS
Figure 6-6 shows temporal variation in the total annual fish landings and water
level fluctuations in Lake Turkana.

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Figure 6-6: Temporal variation in the total annual fish landings and water level fluctuations in
Lake Turkana
Source: Fisheries Department Annual Statistical Bulleting
The Table 6-5 shows common fish species and their families found in Lake Turkana
in Kenya.
Table 6-5: Common Fish Species and their Families Found in Lake Turkana
Family Species Author and date
Protopteridae Protopterus aethiopicus Heckel, 1851

Cyprinidae Barbus neumayeri Fischer, 1884

Barbus stigmatopygus Boulenger, 1903
Labeo cylindricus Peters, 1852
Labeo niloticus Linnaeus, 1758
Leptocypris niloticus (Joannis, 1835)
Neobola bottegoi Vinciguerra, 1895
Neobola stellae (Worthington 1932)
Raiamas senegalensis (Steindachner, 1870)
Brycinus ferox (Hopson and Hopson, 1982)
Brycinus macrolepidotus Valenciennes, 1850
Brycinus minutus (Hopson and Hopson, 1982)
Brycinus nurse (Rüppell, 1832)
Hydrocynus forskahlii (Cuvier, 1819)
Hydrocynus vittatus Castelnau, 1861
Microalestes elongatus Daget, 1957
Distichodus nefasch Bonnaterre, 1788
Clariidae Clarias gariepinus (Burchell, 1822)
Claroteidae Chrysichthys turkana Hardman, 2008
Malapteruridae Malapterurus minjiriya Sagua, 1987
Cichlidae Hemichromis exsul (Trewavas, 1933)
Hemichromis letourneuxi Sauvage, 1880
Oreochromis niloticus Linnaeus, 1758
Source: Malala et al, 2018
Figure 6-7 shows trends of the fish biomass in the Kenyan part of Lake Victoria.

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Figure 6-7: Trends of the fish biomass in the Kenyan part of Lake Victoria
Source: KeFS

The other inland lakes with commercially viable fish landings are Lake Baringo,
Lake Turkana and Lake Naivasha. Figure 6-8 shows the temporal variation in the
total annual fish landings and water level fluctuations in Lake Turkana from 1962-
2016.

Figure 6-8: Temporal variation in the total annual fish landings and water level fluctuations in
Lake Turkana
Source: Fisheries Department Annual Statistical Bulletin
6.4.2 Aquaculture and Mariculture
Freshwater aquaculture development in Kenya in recent years has been fast-
growing. Compared to an annual production of about 1,000 MT in 2006, production
had increased to an estimated 18,656 MT in 2015. It has been mainly the result of a
nationwide fish farming mass campaign as part of the Economic Stimulus
Programme launched by the Government of Kenya (GoK) during 2009-2013. The
results were increased fishponds area from 220 ha in 2009 to 1,873 ha in 2015
(7,700 new ponds) and support along different aquaculture value chains. The main
produced species were Nile tilapia (79%), African catfish (15%), Rainbow trout
(4%), and Common carp and Ornamental fish (2%). Mariculture production of
seaweeds is being practiced commercially, mainly at Kibuyuni on the south coast.

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It is planned for uptake in other areas, as it has demonstrated that seaweed

production can succeed in Kenya (Fisheries Bulletin, 2016).

Kenya currently has about 3696 cages across the five riparian counties with an
estimated production capacity of 3,000 tones/year. Suitability mapping indicates
that out of 4,100 km2 lake scape available, the maximum suitable area for cages is
362 km2, or approximately 9 percent of the Kenyan portion of Lake Victoria. The
majority of the lake scape, 3,737 km2 or 91 percent of the lake, is either unsuitable
or highly unsuitable for tilapia cage culture. (KEMFRI, 2018)

The majority of riverine, dams and small lakes fisheries are small-scale. A
significant part of the production is not commercialized or is marketed through
informal channels and is therefore not reflected in national economic statistics.
Lake Jipe, Lake Kenyatta, the Turkwel Dam, and the Tana River Dams support
fisheries of significant amounts. On the other hand, the map in Figure 6-9 shows an
attempt by the Government to introduce an economic stimulus in 2009 which
extended to the fish industry to enhance fish production in the counties. It had a
positive impact in the first few years but started dwindling when the industry was
devolved to the counties. The counties did not embrace the initiative resulting in a
large reduction in fish production.

Overall, the fishing industry contributes about 0.5% of the national GDP and about
2% of the national export earnings (KNBS, 2018).

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Figure 6-9: County’s Fish Production

Source: KeFS

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6.5 CHALLENGES AFFECTING AGRICULTURE, LIVESTOCK AND FISHERIES IN

KENYA
The pressures for agriculture, livestock, and fisheries in Kenya include:
i. Overfishing/unsustainable fishing/chemical fishing,
ii. Pollution and habitat loss
iii. Impact of global climate change on the marine ecosystem,
iv. Oil and human activity, mineral and energy mining, e.g., recently
discovered titanium ores,
v. Clearing of mangroves areas to reclaim land for other use, e.g., aquaculture,
salt manufacture, agriculture.
vi. Overstocking of livestock
vii. Pest and diseases
viii. Land and population pressures: As the population increases, average farm
size is reducing, and land distribution is becoming more concentrated,
leading to constraints on production, particularly for smallholders.
ix. Agricultural research and development and agricultural extension: The
proportion of farmers’ especially small scale, accessing extension advice is
low.
x. Markets: There are generally inadequate markets for cereals, tea, and
coffee, which were initially doing well.
xi. Climate change: Changes in temperature and rainfall variability have
significant effects on agricultural production.
xii. Soil fertility and land degradation: The country has low adoption of
sustainable land management practices, and land degradation is on the
increase
xiii. Public expenditure: Kenya is not spending much on agriculture. Its subsidy
schemes are low for important crops like tea, coffee, and maize.

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6.6 SOILS
Soils form the basis for agriculture, livestock, and fisheries sectors in Kenya. Soils
are also essential in the hydrological cycle. Soil degradation processes of
particular concern throughout the country include erosion, compaction, and soil
fertility depletion. Loss of natural habitats through conversion of natural
landscapes to agricultural lands has reduced vegetation cover and exposed soils
to extensive wind and soil erosion in many parts of the country (Kenya National
Environment Policy, 2014). Soil erosion reduces land productivity, requiring
farmers to apply more and more fertilizers and other chemicals that help check
declining productivity. The resultant excessive use of fertilizers and other
chemicals contributes to soil degradation and water pollution.

Presently several efforts have been made to constitute the national soil information
base for decision-making. The Exploratory Soil Map of Kenya at 1:1 million scales
(Sombroek, Braun, & Pouw, 1982). ISRIC - World Soil Information soil grids at 250m
spatial resolution (Hengl et al., 2015), and National Accelerated Agricultural Inputs
Access Programme (NAAIAP) soil fertility report (NAAIAP, 2014) are some of these
efforts. Besides these, there is also a limited reconnaissance (scale between 1:
100,000 and 1: 250,000), semi-detailed (scale between 1: 20,000 and 1: 50,000),
and detailed (scale larger than 1: 20,000) soil maps and reports, which can provide
information for multi-purpose land use planning at the County level, farm planning
and feasibility studies for proposed projects. Figure 6-10 presents the major soil
classes of Kenya.

Agricultural activities contribute to greenhouse gas (GHG) emissions. Methane

(CH4) and Nitrous Oxide (N2O) are key greenhouse gases emitted by the
Agriculture Sector through various processes. Methane emissions arise from
enteric fermentation and manure management associated with livestock and rice
cultivation.

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Figure 6-10: Major soil classes in Kenya

Source: GRI and Hilda

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CHAPTER 7. MINERAL RESOURCES

7.1. INTRODUCTION
Kenya is endowed with some key and valuable mineral treasures. The Ministry of
Petroleum and Mining, created in 2018, during the re-organization of the Kenya
Government, administer mineral resources in the country.

7.2. MINERAL EXPLORATION

The mineral exploration entails the sequential process of information gathering
that assesses the mineral potential of a given area. Suitable targets are then staked
as mineral claims to secure mineral rights. Figure 7-1 shows the geological map of
Kenya, while Figure 7-2 shows some minerals localities.

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Figure 7-1: Simplified geological map of Kenya

Source: GRI and Hilda

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Figure 7-2: Minerals Map of Kenya

Source: Ministry of Petroleum and Mining

7.3. PETROLEUM EXPLORATION

Petroleum exploration in Kenya begun in the 1950s in the Lamu Basin, but it was
not until 2012 when the first commercially viable oil discovery was made in the
Tertiary rift, followed by significant gas discoveries in the offshore Lamu Basin.

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7.4. SITUATIONAL ANALYSIS - MINERAL RESOURCES

Mining supports many sectors, including agriculture, medical, and above all,
providing raw material for industrial development. Kenya is still developing its
mining environment to attain international status. Despite the high potential for
mineral deposits, the country lags in the research, technology, and financial
support to realize the dream. Table 7-1 shows the approximate insitu mineral
quantities in Kenya and the estimated value.

Table 7-1: Approximate Insitu Mineral Quantities in Kenya and Estimated Value
No. Mineral Name Occurrence (Where Found) Estimated Quantity and Estimated Value
or Grade (Ksh)

1. Precious and Base Migori, Homa-bay, Kisumu, Siaya, Vihiga, 10 Metric Tonnes 40 Billion/Year
Metals (Gold, Kitui, Kakamega, Busia, Nandi, Narok,
Copper, Zinc) Turkana, West Pokot, and Kwale

2. Niobium and Rare Mrima Hills in Kwale County and 100 Million Metric Tonnes Over 1 Trillion
Earth Elements of Niobium Oxide (Grade
0.7% - 0.8%)
110 Million Tonnes of Rare
Earth Oxide Grade 3.1%

3. Industrial Minerals Homa Bay, Kisumu, Kericho, Kitui, 50 Billion/Year

(Gypsum, Machakos, West Pokot, Mandera, Marsabit,
Limestone, Silica Isiolo, Wajir, Taita Taveta, Kilifi, Kwale and
sand and Clay) Elgeyo Marakwet, Garissa, Tana River,
Kajiado
4. Coal Kitui, Kilifi and Kwale Counties 1.5 Billion Tonnes MT Mui 50 Billion/ Year
Basin alone:
a) The calorific value of 18
MJ/Kg
5. Dimension stones Meru, Isiolo, Muranga, Nyeri, Kiambu, Good quality 10 Billion/Year
(Granite and Nairobi, Homabay, Kericho, Mandera,
Marble) Vihiga, Kajiado, Kisumu counties

6. Agro- Minerals Kwale, Mombasa, Kilifi, Tana River, Kitui, Good quality 10 Billion/Year
(Apatite, Guano, Nakuru, Narok, Nyandarua, Kisumu,
Limestone, Homabay, Bungoma counties
Magnetite, zeolites,
Rock phosphate and
Vermiculite)

7. Titanium Minerals Kwale, Kilifi and Tana River Counties Total Heavy Mineral 400 Billion Overall
(Rutile, Zircon and content:
Ilmenite) Kwale ~2.1-5.7%
Vipingo ~2%
Mambrui ~3.7%
Kilifi ~3%

8. Radio-active Homabay, Kisumu and Kwale counties Mineral grades: 50 Billion/Year

Minerals (Uranium Uranium ~ 463-507 ppm
and Thorium) Thorium ~ 23-26 ppm
Source: Directorates of Mines and Geological Surveys, MoM

Kenya witnessed remarkable growth in the mining sector last year. A total of KSh
30.4 Billion was collected as revenue in 2018 for the mining sector, which
represents a year-on-year growth of 5.9 percent over the previous year. There are
proven deposits of titanium, gold, and coal found in Kenya, though mining is a
small contributor to the nation’s output (MINEXPOAfrica, 2019). GDP from Mining
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 KENYA STATE OF ENVIRONMENT REPORT 2019-2021

in Kenya decreased to 12085 Ksh Million in the second quarter of 2019 from 13186
Ksh Million in the first quarter of 2019. GDP contribution from Mining in Kenya
averaged 9137.93 Ksh Million from 2009 until 2019, reaching an all-time high of
13186 Ksh Million in the first quarter of 2019 and a record low of 4195 Ksh Million in
the first quarter of 2009 (KNBS,2009). Figure 7-3 shows the mining sector
contribution to the Kenyan GDP.

Figure 7-3: GDP contribution (in KSHs) from Mining since 2017
Source: MoM

Data from annual national exports of minerals and field visits point to heavy
mineral losses through smuggling or undocumented exports. The State
Department for Mining is carrying out mineral exploration programs in various
parts of the country. Base Titanium mining in Kwale contributes to over 65% of
Kenya’s mineral earnings. Table 7-2 shows some gemstone types, their monthly
production, and prices in Taita Taveta County.

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Table 7-2: Types of gemstone types and their prices in Taita Taveta County
Ranking Type of Quantity Selling Average Gross Monthly Net Income
Gemston g/month Price cost of Income (Ksh) (Monthly)
e (ksh/g) Production
ksh/month

1 Tourmali 76,000 14.00 80,000.00 1,064,000.00 984,000

ne
2 Ruby 120,000 500.00 Not given 60,000,000.00 60,000,000

3 Rhodolite 24,000 3,000.00 120,000.00 72,000,000.00 71,880,000

4 Red 7,500 10.00 24,000.00 75,000.00 51,000

Garnet
5 White 1,000,000 10.00 24,000.00 10,000,000.00 976,000
Sapphire

6 Tsavorite 6,000 30,000.00 Not given 180,000,000.00 180,000,000

7 Green 1,000,000 13.50 24,000.00 13,500,000.00 13,476,000

Garnet

TOTAL 2,233,500 - 272,000.00 336,639,000.00 327,367,000

Source: Ministry of Mining, 2015
Quarrying
Demand for construction materials has accelerated the opening up of quarries
across the Country. For example, in Machakos County, there is much activity
associated with excavating stones for construction around Lukenya in Athiriver
(Figure 7-4). Mount Margaret Quarry in Mai Mahiu is another site that has been
worked for many years to produce dimension stones. The blocks are sold either as
rough stones or well-trimmed blocks at an approximate price of forty Kenya
shillings (40/-) per foot. Other major quarries occur elsewhere in Uasin Gishu
County, Kisumu and Siaya Counties, Mombasa County, and so forth. State
Depatment is carrying out documentation of disused quarries for mining. If not well
managed, Quarrying can lead to land degradation and destruction of residential
and commercial buildings, primarily through a change of aesthetic view and
ground shaking occasioned with blasting.

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Figure 7-4: Stone quarrying in Athiriver, Lukenya area (Machakos County)

Photo: Hilda

Sand Harvesting
Sand harvesting is a nationwide activity that has defied orderliness. Haphazard
excavation of sand has led to a lot of environmental damage by affecting flora and
fauna in some cases. Siltation and water pollution are key effects of this activity.
Harvesting of layered pumice (‘Sand’) is more rampant in Rhonda estate in Nakuru
town and Soysambu Ranch along Nakuru-Elmenteita road, among other areas.
Scooping of the loose volcanic material has rendered some buildings unstable as
the ground keeps shifting. Figure 7-5 shows a sand harvesting site that has started
to present land degradation.

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 KENYA STATE OF ENVIRONMENT REPORT 2019-2021

Figure 7-5: Effects of ‘Sand’ harvesting in Rhonda Estate, Nakuru town

Sand harvesting activities have been the most difficult to control because of the
weak enforcement of relevant laws by County and National Governments.

Artisanal Gold Mining

There is potential pollution in artisanal gold mining areas where mercury is used to
win gold. The metal is a health hazard that can pose a danger to the environment
and human health.

7.5. GOVERNANCE IN MINING SECTOR

Kenya'sKenya's Vision 2030 and Medium-Term Plan (MTP) III has recognized the
mining industry as one of the key drivers of economic growth to realize the
targeted ten percent economic growth per annum, transforming Kenya into a
middle-income economy.

7.5.1 The Constitution of Kenya 2010

The Constitution has made provisions for Minerals and Natural Resources in Article
69 (1) of the Constitution of Kenya 2010. It spells out the State's obligation in
respect of the environment by Articles 62, 66, 69, 71, and Article 23.

7.5.2 Mining Act No.2016

The Mining Act 2016 was adopted after extensive public participation to guide on
matters relating to mining administration. The law provides royalty and revenue
sharing as follows; National Government 70%, County Government 20%, and
Community 10%. The Cabinet Secretary for Petroleum and Mining is responsible
for the actualization of this Act, in tandem with principles and values in Article 201
(c) and (d), and Article 69 (1) of the Constitution. The Mining Act 2016 gives the
Cabinet Secretary the powers to declare certain minerals as ''Strategic Minerals'',
after getting approval of the Cabinet. The Cabinet Secretary may establish

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Directorates to take charge of various interests in the Mining Sector. The Mining
Act 2016 does not address matters related to Petroleum and its exploitation. This is
handled by a separate Law, The Petroleum Exploration and Production Act CAP.
308 (Revised 2019).

7.5.3 Kenya Minerals and Mining Policy 2016

Goal: Sets out frameworks, principles, and strategies to explore and exploit
mineral resources for the Country's socio-economic development.

Linkages and Partnerships

Developing the Mining and Mineral Resources policy involved consultations with a
wide range of stakeholders. These include the Government ministries, academic
and research institutions, mining industry players, County Governments, Kenya
Chamber of Mines, bilateral and multilateral development partners, community
leaders, Cabinet, and Parliamentary Committees on Environment and Natural
Resources. Kenya is a Member State of the East Africa Community and is obliged to
abide by all Mining sector agreements. Awakening Women in Extractive
Industries in Kenya (AWEIK), is a civil society organization that champions issues
of women involved or affected by mining undertakings.

7.6. MINING INSTITUTIONS AND BODIES

The Mining Act 2016 established the following Institutions to support the
development of the mining sector.

7.6.1 The National Mining Corporation

The National Mining Corporate is an investment arm of the Government that seeks
to identify potential mineral reserves to be developed and mined on behalf of the
national Government.

7.6.2 Mineral and Metals Commodity Exchange

It is a Government entity in charge of facilitating efficiency and security in mineral
trade transactions. The Cabinet Secretary shall make Regulations to guide in the
execution of its functions.
7.6.3 Mineral Rights Board
The mineral Rights Board shall be responsible for, among others;
 Advise the Cabinet Secretary on matters pertaining to Mineral Rights
agreements
 Designate areas suitable for small scale and artisanal mining
 Areas restricted from mining
 Declaration of certain minerals as strategic
 Administration of mining licenses
 Determination of fees, charges, and royalties payable for a Mineral Right or
Metal
 Handling any other matter in line with its mandate

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7.6.4 Internationally Accredited Mineral Certification Laboratory

The geological Laboratory is being modernized to enhance analytical capacity and
credibility to be internationally accredited to analyze locally. It will save funds
used in external geochemical analyses.

7.7. CHALLENGES FACING MINING INDUSTRY

The Mining sector is faced by some challenges, which include:
i. Under the new Mining Act 2016, the applicant of a mining license is obliged
to undertake Environmental Impact Assessment and Environmental
Management Plan before being granted a license. It has not been effectively
implemented.
ii. There is still a lack of a credible Minerals Certification Laboratory of
international recognition. Analysis of field data and samples, therefore,
cannot be done with certainty.
iii. There is a Countrywide Airborne Geo-Physical Survey at the advanced
stage of implementation. Under this program, the whole country has been
divided into twenty-two offshore Blocks and one Marine Block. So far, nine
out of twenty-two offshore blocks have been done covering certain Counties
as follows: -
iv. Overlaps of organizational laws and regulations causing duplication of roles
and sometimes, conflicting interests
v. Poor management of mineral exploration programs leading to wastage of
resources
vi. Obsolete mineral processing technologies leading to loss of value during
beneficiation
vii. Poor management and dissemination of geo-information data
viii. Aspirations generated by some political leaders that lead to activism,
partisan interests, and diversion of budgeted allocations
ix. There are Competing land-use interests, i.e., agriculture, forests,
settlements, and transport and wildlife corridors.
x. The Constitution of Kenya 2010 and the Mining Act 2016 envisions community
participation in environmental governance. However, the definition and
scope of what ''community'' entails are unclear.
xi. The Petroleum Exploitation and production Act 308 is being implemented
side by side with the Mining Act 2016.

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CHAPTER 8. ENERGY RESOURCES

8.1 INTRODUCTION
The energy sector plays a critical role in socio-economic development and plays a
major role in environmental and natural resources conservation. The Kenya Vision
2030 identified energy as one of the infrastructure enablers of its social and
economic pillar. Sustainable, affordable, and reliable energy for all citizens is a
key factor in realizing the Vision. In Kenya, petroleum and electricity as energy
sources are the main drivers of the economy, while biomass is mainly used in rural
communities and a section of the urban population. Currently, the energy sector
relies wholly on the importation of all petroleum requirements. However, with the
discovery of oil in Northern Kenya, this trend is likely to change in the near future.

8.2 SITUATION ANALYSIS

Electricity generation is predominately hydro, supplemented by geothermal and
thermal sources. Apart from wood fuel which is highly exploited, the other
renewable energy resources include solar and wind energy while other
opportunities are being sought. Figure 8-1 shows the proportion of Electricity
Generation by Source. The energy sector's major challenges include; improving
the quantity, quality, and reliability of energy supply. Further, there is a high initial
capital outlay with long lead times from feasibility studies to energy infrastructure
development. In addition, mobilizing adequate financial resources to undertake
massive investment in the power sector, high cost of energy, low per capita
incomes, and low levels of industrialization are other challenges.
Commercial energy is dominated by petroleum and electricity, while wood fuel
provides energy for domestic use, especially in rural communities. At the national
level, wood fuel and other biomass account for about 68% of the total primary
energy consumption, followed by petroleum at 22%, electricity at 9%, and other
fuel sources (including coal), standing at less than 1%. Solar energy is also mostly
used for drying and, to some extent, heating and lighting.
.

Figure 8-1: Proportion of Electricity Generation by Source in 2019

Source: KNBS, 2020

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Energy sources and use in Kenya

Kenya has varied sources and uses for energy as shown in the Figure 8-2. Biomass
is the main source with about 75% followed by petroleum while the least is coal.

Figure 3-8:Energy
Figure 8-2: Energy sources
sources and
and use in use in Kenya
Kenya

Source: Adopted and Modified from (Kiplagat, et al.,2011)

Kenya has made notable progress in deploying renewables largely because it has
successfully attracted the necessary private investment for renewables projects.
Further development of these resources would help meeting demand growth.
Figure 8-3 shows the growth of Kenya's electrical generation by technology.

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Figure 8-3: Growth of Kenya’s electricity generation by technology

Source: MOE

8.2.1 Fossil Fuels

Fossil fuels encompass petroleum (oil, oil shale, and gas) and coal resources. Coal
provided about 1% of the primary energy consumed in the country, mainly by
cement manufacturers. The petroleum industry is broadly divided into three
categories, namely: upstream (exploration and production), midstream (storage,
refining, and transportation), and downstream (supply and distribution).

Petroleum (Oil)
Kenya has had no known commercial reserves of petroleum until January 2012
when Tullow Oil Limited discovered it at Ngamia I well, located at Lokichar in
Turkana County. By November 2013, Tullow had drilled four more exploration
wells (Etuko, Twiga, Ekales, and Paipai), three of which had oil. The API gravity of
the oil was estimated at between 300 and 350, indicating high-quality oil. Further
petroleum exploration is being undertaken both on-shore and offshore in the
country’s four major Sedimentary Basins. Drilling of three exploration wells was
done in Mbawa, Kiboko, and Kubwa between 2012 and November 2013.

A total of sixty-three (63) oil exploration blocks have been gazetted, out of which
thirty-seven (37) are licensed to International Oil Companies (IOCs) and one to the
National Oil Corporation of Kenya (NOCK). Twenty-five (25) blocks are open for
licensing. A total of seventy-eight (78) wells have been drilled, of which twelve
(12) were discoveries out of which 9 with crude oil in Block 10BB and Block 13T;
two with natural gas discoveries in Block L8 and Block 9; one with both crude oil

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and natural gas in Block L10A. Crude oil recoverable reserves stand at
approximately 750 million barrels.

During the review period (2019), 23,930.78 TJ of petroleum fuels were supplied to
the country mainly from imports. Over the same period, 21,999.79 TJ of petroleum
fuels were demanded, with 63.0 percent being used by road transport. Air
transport and households accounted for 13.5 percent and 7.4 percent, respectively
(KNBS, 2019). The key environmental concern from petroleum is pollution from
refining, transporting, and using petroleum products.

Natural Gas
Natural gas accumulations can be found as pure methane or in conjunction with
higher hydrocarbons. Natural gas is categorized as being one of three types: (a)
Oil and associated gas, (b) Rich condensate and gas, and (c) Dry gas.
Natural gas has the potential of meeting future energy needs of the country and
offers several significant environmental benefits over other fossil fuels mainly due
to its chemical simplicity and burns cleaner than all other fossil fuels. Kenya had no
known natural gas reserves until September 2012 when offshore gas discoveries at
Mbawa 1 near Malindi came up. The commercial viability is yet to be established.

Coal Resources
It is the most affordable fuel worldwide and can become the most reliable and
easily accessible energy source. The introduction of clean coal technology (CCTs)
in coal-fired power plants reduces emissions. It extracts sulfur for other
applications such as chemical and fertilizer production while capturing carbon for
storage (CCS). Current world coal energy consumption by sector is about 42%
electricity, 25% industrial, and 33% other uses. As at 2013, a large part of coal
utilized in Kenya was imported. Between 2006 and 2013, consumption of coal
averaged 140,000 metric tonnes per annum. It constitutes less than 1% of the total
primary energy consumed in the country. Coal consumption is expected to
increase with the discovery and mining of coal deposits in Mui Basin in Kitui
County and other parts of the country.

There are commercially viable coal reserves in the Mui Basin situated in Kitui
County. The basin is sub-divided into four blocks: A, B, C, and D. In 2010, four
hundred million tonnes of coal reserves were confirmed in Block C. The coal has
been analyzed and ranged from lignite to sub-bituminous with calorific values
ranging from 16 to 27 MJ/kg. Further exploration work was scheduled for Blocks A
and B. Exploration for coal was also planned for the coastal region in Taru Basin in
Kwale and Kilifi Counties. It was also lined for other parts of the country and in
these 31 more coal blocks to establish coal potential and delineate the blocks for
concessions.

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8.2.2 Renewable Energy

Despite the high consumption of non-renewable energy in the country, Kenya has
promising potential for power generation from renewable energy sources.
Abundant solar, hydro, wind, biomass, and geothermal resources led the
Government to expand renewable energy generation to central and rural areas.
Following a least-cost approach, the Government has prioritized the development
of geothermal and wind energy plants and solar-fed mini-grids for rural
electrification. A major part of Kenya’s energy still comes from bioenergy. This
share may shrink to 15% by 2040 due to the increased use of geothermal
resources. Electricity generated from renewable sources has risen gradually and
currently makes up a share of 69.6% of the total energy generation mix (Figure 8-
4).

Figure 8-4: Trends in Renewable Electric Energy

Source: KEPI, NEMA 2019
Bio-Energy Power
The country’s agricultural activity produces large amounts of agricultural waste.
These can be used to produce electricity by implementing biogas and biomass
technologies. The National Energy Policy of 2014 sets out biogas expansion targets
of 10,000 small and medium-sized digesters by 2030. Biogas is considered a viable
energy solution by several agricultural producers.

Wind Energy
Kenya has promising wind power potential. Due to its topography, Kenya has some
excellent wind regime areas. The northwest of the country (Marsabit and Turkana
counties) and the edges of the Rift Valley are the two windiest areas (with average
wind speeds of over 9m/s at 50 meters). The coast has lower but promising wind
speeds (about 5-7m/s at 50m). It is expected that about 25% of the country will be
suited to current wind technology. There is significant potential to use wind energy
for wind farms connected to the grid, while isolated grids will be for off-grid
community electricity and water pumping. The largest wind farm in Africa (310

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MW) is in the Turkana area of north-western Kenya. The Ngong hills area close to
Nairobi also has 5.1 MW, as shown in Figure 8-5. An average of 80100 small wind
turbines (400 W) have been installed, often as part of a hybrid PV-wind system
with battery storage. Land access has been a challenge for both site selection and
transmission connection. The 310 MW Lake Turkana wind farm is the largest clean
energy project connected to the grid in 2018 after facing severe delays in the
construction and transmission phases. Several other wind projects are in the early
planning stages.

Figure 8-5: Ngong Wind Power Station in Kajiado County

Source: Hilda
Solar Energy
Kenya has high insolation rates of 5-7 sunshine peak hours and average daily
insolation of 4-6 kWh/m2. The total potential for photovoltaic installations is
estimated at 23,046 TWh/year. Solar power is primarily seen as an option for rural
electrification and decentralized applications. Photovoltaic stand-alone systems for
households and public institutions have been subsidized for some time.
Commercial and industrial applications are also becoming increasingly important:
flower and vegetable farms have already pioneered and installed captive
renewable energy systems to contribute to the power supply on their premises. In
addition, hybrid PV-diesel island grids multiply: 18 MW of existing diesel-run
stations will be retrofitted for the use of solar power in the next few years. The
Rural Electrification Authority (REA) also plans to install green-field hybrid island
grids.

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There are also a handful of large solar projects, each around 40MW, which
received PPAs (Power Purchase Agreements) in late 2015. While the ongoing feed-
in-tariff for utility-scale solar is $0.12/kWh, several projects have bid for PPAs at
just two-thirds of this price level. Once built, these solar projects will be among the
largest PV plants in sub-Saharan Africa. However, the stamina and risk appetite
required to overcome challenges in PPA negotiation and land access, combined
with slowing power demand growth, cast a shadow on other PV projects.

Geothermal Power
Kenya is endowed with geothermal resources, mainly in the Rift Valley.
Conservative estimates suggest geothermal potential in the Kenyan Rift at 2,000
MW, whereas the total national potential is between 7,000 and 10,000 MW.
Production started in 1981 when a 15 MW plant was commissioned in Olkaria.
KenGen and an independent power producer currently produce a total of 129 MW.
Geothermal power has been identified as a cost-effective power option in Kenya’s
Least Cost Power Development Plan. Exploration for geothermal energy in the
high-potential areas of the Kenyan Rift is ongoing. The target for 2030 is 5,000 MW
of geothermal power (Mokveld & Eije, 2018). Geothermal accounted for 27% of
installed capacity in 2016, following a unit at Orpower’s Olkaria geothermal
project. Geothermal development is, however, a lengthy process in the best of
scenarios, requiring several years from conception to commissioning.

Hydro Power
The potential for large-scale hydroelectric power development is estimated to be
1,500 MW, of which 1,310 MW is feasible for projects with a capacity of at least 30
MW. Of these, 434 MW has been identified in the Lake Victoria basin, 264 MW in
the Rift Valley basin, 109 MW in the Athi River basin, 604 MW on Tana River basin,
and 146 MW on Ewaso Ngiro North River basin (Mokveld & Eije, 2018). However,
the projected generation costs for these sites mean they are excluded from the
Least Cost Power Development Plan. Around 55 river sites suitable for rural
electrification have been identified as attractive commercial opportunities. Their
maximum mean capacities would range from 50 kW to 700 kW (Mokveld & Eije,
2018).

Small hydros power plants (SHP) are hydropower schemes whose potential does
not exceed 10MW of installed capacity. The total estimated potential of small, mini,
and micro-hydro systems is 3, 000MW. Most of this potential is situated within the
country’s five main drainage basins. The implementation of some of these schemes
is undertaken by both the Government and private investors. In summary, the SHP
supply about 15 MW into the grid network, and the off-grid capacity is 31 MW.
Table 8-1 shows the capacity in Megawatts (MW) of SHP installed in different rivers
between 1925 and 2009 in Kenya.

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Table 8-1: The capacity (MW) of SHP installed in different rivers

SHP Ownership River Year Capacity in MW
Ndula KenGen Thika 1925 2.0
MESCO KenGen Maragua 1933 0.38
Selby falls KenGen n.a 1952 0.4
Sagana falls KenGen Tana 1955 1.5
Gogo falls Mining Migori 1958 2.0
company
Tana 1 & 2 KenGen Tana 1932 4.0
Tana 3 KenGen Tana 3 1952 2.4
Tana 4 KenGen Tana 1954 4.0
Tana 5 KenGen Tana 1955 4.0
Wanjii 1 & 2 KenGen Maragua 1952 5.4
Wanjii 3 & 4 KenGen Maragua 1952 2.0
Sosiani KenGen Sosiani 1955 0.4
James Finlay 1 Tea company Kericho 1934 0.3
James Finlay 3 Tea company Kericho 1980 0.1
James Finlay 4 Tea company Kericho 1984 0.3
James Finlay 5 Tea company Kericho 1999 1.1
Brooke Bond 1 Tea company n.a n.a 0.09
Brooke Bond 2 Tea company n.a n.a 0.1
Brooke Bond 3 Tea company n.a n.a 0.18
Brooke Bond 4 Tea company n.a n.a 0.24
Savani Eastern n.a 1927 0.09
produce
Diguna Missionary n.a 1997 0.4
Ten wek Missionary n.a n.a 0.32
Tungu-Kabiru Community Tungu 2000 0.01
Thima Community Mukengeria 2001 0. 01
Kathamba Community Kathamba 2001 0.001
Imenti KTDA Imenti 2009 0.9
Source: Mbaka and Mwaniki, 2017
Municipal Waste Sources
The municipal waste consists of solid waste including durable and non-durable
goods, containers, food scraps, yard waste, and inorganic waste from homes,
institutions, and businesses, wastes generated by manufacturing, agriculture,
mining and construction, and demolition debris, as well as sludge and liquid waste
from water and wastewater treatment facilities, septic tanks, sewerage systems,
slaughterhouses. In order of preference, municipal waste can be managed by
reduction of its production at the source. Processes of reuse and recycling,
treatment to destroy or reprocess waste to recover energy or other beneficial
resources if the treatment does not threaten public health, safety, or the
environment, or dumping and disposal are some ways of managing municipal
waste.

The disposal of municipal waste in Kenya as of 2013 was poorly managed in

dumpsites such as the Dandora, located 8 km from Nairobi’s Central Business. The

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dumpsite is ranked as the largest waste disposal site in the East African region.
With appropriate waste-to-energy technologies, municipal waste can provide
energy while helping to clean the environment.
Biomass Co-Generation
Co-generation refers to the simultaneous production of heat and power from one
single fuel source. It is common where plant processes require both heat and
power, such as sugar processing, and offers an opportunity for improved plant
energy efficiency besides reducing energy costs and providing additional
revenue streams through surplus power export to the national grid. A pre-
feasibility study on cogeneration by the Ministry of Energy completed in 2007
established that there is potential for generating up to 120MW of electricity for
export to the national grid without major investments and about 200MW with
modest investments in terms of expanding cane fields and cane crushing capacity.
Mumias Sugar Company previously took advantage of its cogeneration potential
from sugarcane bagasse by generating 38MW, out of which 26MW is exported to
the national grid. Other sugar companies are expected to diversify into sugar
processing by-products through the value addition of cogeneration and bioethanol
production. The planned generation capacity from all sugar companies was
estimated at 90MW in 2013.

Nuclear Energy in Kenya

The Nuclear Power and Energy Agency, formerly Kenya Nuclear Electricity Board
(KNEB), is a State Corporation established under the Energy Act 2019. It is charged
with promoting and implementing Kenya's Nuclear Power Programme, carrying
out research and development for the energy sector. The Nuclear Power and
Energy Agency is mandated to develop policies and legislation, undertake public
education and awareness, identify suitable sites for the construction of Nuclear
Power Plants, carry out research, development, and innovation on energy
technologies and capacity building for the energy sector.

Kenya has embarked on a program to see the country generate 1 GW (1,000 MW)
from Nuclear sources between 2020 and 2022. By 2030 Kenya is slated to have
installed a capacity of 4 GW of nuclear energy, generating about 19% of Kenya's
energy needs. It has been proposed that a nuclear plant be established in Tana
River County at an estimated cost of 5.0 Billion Dollars in the next seven years.
Tana River was the most preferred place for the plant since it is not prone to
earthquakes. Other possible areas were around Lake Victoria and Lake Turkana,
which have large masses crucial in cooling the reactors.

The global, traditional challenge of nuclear energy remains the management of

radioactive waste. However, due to continued research in the area, radioactive
waste management is now within manageable levels. Spent fuel rods can either be
safely stored until the radioactive levels reduce to non-toxic levels or are
reprocessed and reused in nuclear energy generation. The waste also requires

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special handling and storage facilities to reduce the risk of exposure to

employees, the public, and the environment. A nuclear meltdown may cause the
release of radioactive materials, which can negatively impact the environment,
health, and safety of persons. However, further research has led to the
development of advanced reactors with enhanced security and safety mechanisms
that significantly diminish the possibility of a nuclear accident. Nuclear power is
viewed as both a long-term solution to high costs incurred during times of drought
when diesel generators are used and an effective way to cut carbon emissions from
the power generating sector.

8.3 ENERGY EFFICIENCY

A substantial amount of primary energy input is wasted, but opportunities exist to
improve energy savings in all sectors, particularly the industrial sector. Food,
beverage and tobacco, paper and paper products, chemicals, petroleum, rubber,
and plastic products are among the major consumers of energy for environmental
benefits. Energy savings of up to 25 percent are possible in steam systems, largely
by improving the efficiency of steam boilers, better steam distribution, and the use
and recovery of waste heat and condensate.

The Kenya Association of Manufacturers provides training and energy audits on

energy efficiency through the Centre for Energy Efficiency & Conservation
(CEEC). The production of energy-efficient charcoal and fuel-wood stoves has
provided significant employment opportunities in urban and rural areas. For
example, the Ceramic jiko, an energy-efficient charcoal stove produced by over
200 businesses, the bulk of which are informal sector manufacturers.

8.4 ENERGY ACCOUNTS

Environmental Economic Accounts are systems of accounts that seek to account for
natural resource use. The accounts track natural resources from the point of
extraction to intermediate use by industries, to final use, to residuals/waste, which
are eventually disposed of back to the environment. Further, the accounts seek to
promote efficient natural resource accounting and ensure a country can trace how
much it has utilized, estimate reserves in the environment, and promote proper
disposal of residuals for environmental sustainability.

The System of Environmental Economic Accounts (SEEA) framework follows a

similar accounting structure as the System of National Accounts (SNA). It uses
concepts, definitions, and classifications consistent with the SNA to facilitate
environmental and economic statistics. Kenya first published the pilot SEEA
Energy Accounts as a unique chapter in the Economic Survey of 2018 publication
(KNBS, 2018).

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8.5 ENERGY BALANCE

The total supply of non-renewable feedstocks was 75,559 Tera Joules (TJ) in 2019.
Total supply continued to reduce due to a ban on illegal logging of Government
forests in the review period. Households demanded about 95 percent of non-
renewable feedstocks in 2019. In the review period, 98.3 percent of all electricity
supplied was produced domestically. Further, 88.5 percent of domestically
produced electricity in 2019 was renewable. In 2019, total electricity demand was
31 3874.13 TJ while 9,901.80 TJ were transmission and distribution losses.

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CHAPTER 9. BIODIVERSITY RESOURCES

9.1 INTRODUCTION
Biological diversity generally refers to the variety and variability within species,
between species, and between ecosystems. There are three types of Genetic
diversity, Species diversity, and Ecosystem diversity. Genetic diversity is
described by the fact that each species possesses genes that are the source of its
unique features. Loss of genetic diversity is often associated with inbreeding and
reduction in reproductive fitness. On the other hand, species diversity refers to the
total number of different species in space, locally, in the region, country, world,
and ecosystems. Each species has a role in the ecosystem. An absence of one
species will affect other species. Ecosystem diversity is the combination of living
things of communities with the physical environment around them. There are
various types of ecosystems such as deserts, mountains, oceans, among others.
There is no doubt that human civilization has had a negative impact on
biodiversity. Pollution from all sources, deforestation, among other challenges, has
led to severe effects on biodiversity. International Union of Conservation of Nature
(IUCN) estimates that extinction rates are now over 50 times higher than previously
thought and could probably be higher. This challenge continues even though the
earth's biological resources are vital to humanity's economic and social
development. The threat to species and the ecosystems is, therefore, a threat to
human wellbeing. Kenya has 4,623 plant species, 766 species of bryophytes, 511
ferns, and 2,071 species of fungi and lichens (GOK, 2015).
The animal species diversity consists of 2 golden moles; 43 even-toed ungulates; 4
odd-toed ungulates; 36 carnivores; 26 Whales, five dolphins, and porpoises; 105
bats; 39 hedgehogs; 4 hyraxes; and 4 Lagomorphs; 5 elephant shrews; 3 pangolins;
20 primates; 1 proboscis; 94 rodents; 1 Dugong and one aardvark. Kenya has over
260 reptiles (Snakes, lizards, geckos, skinks, chameleons, tortoise, turtles,
terrapins, crocodile) and amphibians (toads, frogs, salamanders) species; 1,105
bird species; 769 Fish species (362 freshwaters), of which five are likely to be
extinct, 168 arthropods and arachnids. Kenya's biodiversity has also been
documented in terms of occurrences, as shown in Table 9-1.

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Table 9-1: Kenya’s Biodiversity in Terms of Occurrences.

Taxonomic category No. of occurrences
Mammals 95,598
Birds 1,621,535
Reptiles 16,063
Insects 121,686
Molluscs 7,467
Amphibians 15,648
Plants 163,644
Fungi 8,895
Bacteria 376
Protozoa 4,836
Viruses 546
Chromista 827
Source: (GoK, Natural Capital:Biodiversity Atlas, 2015)

9.2: THE LARGE MAMMALS

Large mammals are the ecologically dominant species in Kenya’s terrestrial
ecosystems. The sheer abundance, impact, and mobility of large herbivores,
including elephants, wildebeest, and zebra, and carnivores including lion,
leopard, and hyenas, govern the structure and dynamics of all major habitats from
forests to deserts. The savannahs are among the most productive grasslands on
Earth due to the diversity of herbivores, their range of feeding habits, and their
resilience to harsh droughts. The patchiness and diversity of habitats in Kenya are
primarily due to the interactions between herbivores and carnivores shifting
across the landscape in response to seasons. The country savannahs are among the
last places on Earth where the large mammals that dominated the Pleistocene era
until 10000 years ago still survive in abundance. Kenya’s parks and reserves,
including Mara, Tsavo, Amboseli, Samburu, and Nakuru, are world-famous wildlife
attractions.

9.3: SMALLER MAMMALS, REPTILES, AND AMPHIBIANS

Kenya has 250 small mammal species distributed in eight orders: Afrosoricida (2
spp.), Macroscelidea (5 spp.), Hyracoidea (4 spp.), Rodentia (95 spp.),
Lagomorpha (3 spp.), Erinaceomorpha (1 spp.), Soricomorpha (37 spp.) and
Chiroptera (103 spp.). The country has over 215 reptile species. These include 100
species of snakes, 100 species of lizards, 5 species of marine turtles, 5 species of
tortoises, 5 species of terrapins and 1 species of crocodile. The centre of reptile
richness in Kenya runs in an arc of habitats ranging from the coastal forests,
through the bushes and grassland savannahs of the Kenya–Tanzania borderlands,
and into the Rift Valley.
The distribution patterns of snakes and lizards are broadly similar. The cold-
blooded vertebrates prefer warmer lower altitudes, but all latitudes on a global
scale are suitable. Amphibians are associated with wetter habitats and tree frogs,

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mostly with forest and mountain areas. Reptiles and amphibians in Kenya have not
received as much taxonomic attention as other vertebrates, so large gaps still
occur in specimen collection, mapping, and behavioral and ecological studies.
Some of these species are listed as endangered (IUCN, 2021). Some of these
threats include habitat loss and change, encroachment, destruction of their ground
nests, logging, pollution, farming, and persecution.

9.4: THE BIRDS

Kenya has one of the richest avifauna diversities in Africa, with around 1,100 bird
species recorded. Of these, about 800 species are year-round residents, 60
species are afro-tropical migrants moving within the continent, and 170 are
Palearctic migrants that journey from Eurasia each winter. The major migratory
flyways in Kenya include the 550km long coastline with its associated creeks, reefs,
beaches, and lakes stretching along the Rift Valley from Turkana in the north to
Magadi in the south. Some 170 Palearctic migrant bird species migrate south to
Kenya from Eurasia for the northern hemisphere’s winter. Eleven of these species
have local breeding populations that are year-round residents. Around 60 species
in Kenya migrate only within Africa, including Madagascar. Four globally
recognized Endemic Bird Areas (EBAs) are represented in Kenya (Stattersfield et
al.,1998). One other EBA, the Jubba and Shabeelle valleys, is only marginally
represented in Northern-eastern Kenya. EBAs are defined as places where two or
more bird species with a world distribution of fewer than 50,000 km2 occur
together. Kenya has three globally recognized secondary areas of importance;
Kakamega, Nandi forests, and the northern Kenya short-grass plains.

9.5: FISH
The distribution of fish in Kenya’s drainage systems is determined by the size of
the aquatic basin, diversity of aquatic habitats, the ability of fish to disperse,
temperature, food availability, depth, and water movement. Swamps and river
habitats are also important dryland biodiversity conservation centers. Kenya is
known for its high endemism of freshwater fishes, totaling thirty-six (36) endemic
fish species. There are over 355 species of freshwater fishes in Kenyan lakes and
rivers, of which 332 are confirmed present, 18 species have been introduced, 15
recorded as possibly present, while 8 have expatiated. Presently several fish
species are listed threatened by the IUCN Red-list of threatened species (IUCN,
2021).

9.5.1: Invertebrates Diversity

Kenya has over 25 000 species of invertebrates, with some yet to be described.
Insects are the most diverse group of animals. Some of the major species listed for
Kenya include about 9000 beetles, 900 butterflies, 500 bees, 650 ants, and 60 thrips
species. Insects include flies, wasps, bees, beetles, bugs, mantids, crickets,
grasshoppers, ants, termites, lice, fleas, moths, and butterflies. Some 900 species
of bees are estimated in Kenya. Farmers poorly understand most species except

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the honey-bee(Apis mellifera). The richest bee habitats in Kenya include the
Kakamega forest, where over 240 bee species have been documented, and the
coastal forest and savannah ecosystems. Over 90 species of bees have been
documented in Nairobi City Park. The Montane/Kenyan Dancing Jewel (Platycypha
amboniensis) is the only listed insect species and is listed as critically endangered
(IUCN, 2021). The species belongs to the African Damselfly and in the family
chlorocyphidae, which has about 10 species. The species is endemic to the
montane forest streams of the Aberdares and Mt. Kenya and only found between
1600 and 2000M above sea level. The species is critically in danger of extinction
due to severe habitat loss and degradation. Table 9-2 gives a summary of the
invertebrate in Kenya.
Table 9-2: Summary of some of invertebrates’ species in Kenya
Invertebrate No. of species present
Dragonflies 194
Bees 800
Butterflies 900
Molluscs 294
Crustaceans 343
Corals 183
Total 2717
Source: Kenya’s Biodiversity Atlas 2015

9.6: PLANT SPECIES DIVERSITY

Kenya’s plant biodiversity richness and abundance are enormous. There are over
7,004 species of plants and 766 species of bryophytes, 511 ferns, and 2,071 species
of fungi and lichens in Kenya (GoK, 2015). Of the 7,004 plant species found in
Kenya, 577 (some 8 percent) are endemic. IUCN has classified 356 vascular plant
taxa (species, subspecies, and varieties) in Kenya for Conservation of Nature
(IUCN) as Threatened or Near Threatened. The threatened species are prevalent in
the Fabaceae, Euphorbiaceae, and Rubiaceae families; of these, 24 taxa (21
species) are Critically Endangered, 111 are Endangered (83 species), 167 are
Vulnerable (128species), and 67 are Near Threatened (56 species). The main
hotpot loss areas are the coastal forests such as the Arabuko Sokoke National Park
and the Kaya forests.

Occurrences of serious threats to plant biodiversity have been observed from both
natural and anthropogenic sources both in the protected and non-protected areas.
Some of these include destruction of habitats, unsustainable over-harvesting of the
plant products by the local communities, land fragmentation and clearing for
agriculture and settlement, pollution, invasion of habitats, especially freshwater
ecosystems by invasive species, among other environmental challenges. For
example, the tick-berry (Lantana camara) has invaded Nairobi and Oldonyo Sabuk
National Parks, forming dense, bushy undergrowth that inhibits natural vegetation
from flourishing (GOK, Natural Capital: Biodiversity Atlas, 2015).

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9.7: BELOW-GROUND MICRO-ORGANISMS

Biodiversity conservation actions have primarily focused on above-ground
species. Though the soil comprises a large proportion of the world’s biodiversity,
the below-ground ecosystems that play a central role in nutrient and water capture
and recycling—on which plant production depends—have been poorly studied.
The rich biota includes microbial fauna made up of fungi, bacteria, and protozoans;
mesofauna made up of taxa such as nematodes, mites, ants, and collembolans;
macrofauna made up of taxa such as arthropods and earthworms; and megafauna
made up of vertebrates such as rodents, moles, and lagomorphs—rabbits and
hares. Only in the past two decades has research focused on the richness and
ecosystem services of below-ground biota. The conservation status of most
invertebrates and micro-organisms is poorly known due to a large number of
species and paucity of surveys. However, great interest in accessing microbial
resources for research and development leading to commercialization of resulting
products has been recorded recently.

9.8: WILDLIFE CONSERVATION AREAS

Wildlife Conservation Areas are important ecosystems because they inhabit large
assemblages of biodiversity and, therefore, a major tourist attraction. Its
management, protection, and conservation is key to the country’s economic
performance and national heritage. Wildlife Conservation Areas in Kenya include
a) National Parks, b) National Reserves, c) National Sanctuaries, and d) Wildlife
Conservancies and Forest Reserves. Figure 9-1 shows the wildlife conservation
areas in Kenya.

Kenya Wildlife Service conserves biodiversity through protected area systems

which cover 8% of the Kenyan landmass, and they include the National Parks (23),
National Reserves (28) National Sanctuaries (5), Marine Parks (4), and Marine
Reserves (6) as shown in Figure 55 for the duration 2015 -2017. The numbers and
acreage of the wildlife areas protected as National parks, National reserves, and
national sanctuaries remained generally unchanged in the last two years.
However, the numbers and acreage of the wildlife areas managed as community
and private wildlife conservancies increased with more communities and private
landowners committing their land for recognition and registration as wildlife
conservancies. Among the landowners with land registered as wildlife
conservancy include 20 000 acres under the ILRI facility in the Athi -Kaputiei plains
in Machakos.

The 2,000-acre Government land under the Sheep and Goat Research Facility
adjacent to the Nairobi National Park on the southern boundary was designated a
wildlife area to be part of the National Park to create connectivity for wildlife
dispersal between the park and the Athi –Kaputiei plains. Title Deed for the land
was awarded to the Nairobi National Park, thus securing the much-needed space

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for wildlife to support wildlife conservation within Nairobi National Park and the
Nairobi- Athi Kaputiei landscape.

Figure 9-1: Wildlife Conservation areas in Kenya

Source: GRI and Hilda

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9.9: TERRESTRIAL PARKS AND RESERVES

9.9.1: Status of National Parks
To achieve ‘in-situ’ conservation of biodiversity, Kenya has a well-established
National Park system where the diverse ecosystems, habitats, and wildlife are
represented and managed directly by Kenya Wildlife Service. Presently, Kenya
has 24 terrestrial National Parks, which are distributed in 17 Counties. These parks
occupy an area of 29,504Km2 that is approximately 5.08% of the total area of
Kenya. Tsavo East and Tsavo West National Parks, including the Tsavo National
Road and Railway Reserve- cover 71.2% of the area occupied by all National Parks.
It is followed by Kora (6%), Sibiloi (5.3%), and Malkamari (3%).

During this reporting period, the parks received 2,055,667 visitors. Lake Nakuru
National Park recorded 422,883 visitors (20.57%) followed by Nairobi National
Park 306,615 visitors (14.92%), Hells Gate National Park with 304,212 visitors
(14.80 %) and Amboseli National Park with 218,987 visitors (10.65 %). Tsavo East
and Tsavo West combined had 273,592 visitors (13.31 %).

UNESCO designates Amboseli and Mt. Kenya as Man and Biosphere Reserves
(MAB). UNESCO equally designates Tsavo East and West and Central Island as
World Heritage Sites while Aberdares, Mt. Kenya, Chyulu, and Mt. Elgon are
National Water towers. Sibiloi hosts Koobi Fora, which is regarded as the cradle of
Mankind. All the parks are required by law to have a management plan that is
gazetted. Presently only Amboseli, Mpunguti (Kisite-Mpunguti), and Marsabit have
gazette management plans. The rest are at various stages of development. In
addition, all of them have legal notices of their gazettement, while a number of
them have title deeds. The management plans will form the basis of evaluating the
state of conservation areas. The WCMA, 2013 requires that the managers will give
a compliance report of the management plans every year. The use of fences was
considered a strategy to reduce human-wildlife conflict during this period and was
undertaken in several parks. However, in certain areas, notably Tsavo East and
Meru; Electric fences were constructed inside the Park to create Rhino sanctuaries,
while the Meru one was an extension of the existing sanctuary.

9.9.2: Status of National Reserves

There are 31 terrestrial National Reserves in Kenya, occupying 17,358.8km2, 3% of
the country’s total area. These Reserves are distributed in 21 out of the 47
Counties. Most of the National reserves are managed by County Governments with
technical advice from KWS. However, Marsabit, Mt. Kenya, Mwea, Kakamega, and
Shimba Hills are managed by KWS. There are seven Reserves, each covering an
area larger than 1000km2. Mt. Kenya National Reserve is designated a UNESCO
Man and Biosphere Reserve.
In contrast, Lake Bogoria National Reserve is designated a World Heritage Site as
part of the serial listing of the Rift valley Lake System UNESCO World Heritage site.

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Lake Bogoria National Reserve is further designated as a Ramsar site. Apart from
Marsabit National Reserve, none of the other Reserves presently has a gazetted
Management Plan. However, the Management Plan for Lake Bogoria National
Reserve was completed in the reporting period and is pending gazettement.

The lack of gazetted management plans, a legal requirement for all wildlife
conservation areas, is a major impediment to development in the reserves and
poses threats to wildlife conservation and management.

9.9.3: Status of Natural Forest Reserves

Kenya at present has 257 sites categorized as natural forests. They harbor a variety
of wildlife species and are also water towers or water catchment areas. Some
wildlife species are endemic to these forests. These natural forests fall under four
key management regimes, namely; community forests (52 sites covering 180, 245
ha), forest reserves (201 sites covering 2,045, 406 ha), national monuments (3 sites
covering 401 ha), and trust land (1 site covering 188,2017ha) with a total area of
24,142.59km2 which is 4.2% of Kenya’s total area. These forests are important
wildlife habitats. However, it’s only in Mau, Aberdares, Mt. Kenya, and Shimba hills
where comprehensive biological resource inventories have been initiated.
Marsabit forest ecosystem management plan 2015-2025 is under legal notice No.
1894 of March 2016.

9.9.4: Status of National Sanctuaries

There are 5 National Sanctuaries in Kenya in Nakuru, Samburu, Kisumu, and Homa
bay Counties. They cover12.47km2 of the country. These sites were designated as
Sanctuaries for various reasons, amongst them: spectacular views and abundant
birdlife; conservation education and rescue centers; or due to historical reasons.
Lake Simbi, Ondago swamp, and Maralal National sanctuaries fall under the
County Government land. Maralal town has encroached fully into the Maralal
Sanctuary.

9.9.5: Status of Wildlife Conservancies

The WCMA, 2013 recognizes conservancies as a form of wildlife land use. Any
person or community who owns the land on which wildlife inhabits may
individually or collectively establish a wildlife conservancy or sanctuary in
accordance with the provisions of the WCMA, 2013. According to the Kenya
Wildlife Conservancies Association (KWCA), the first conservancies were
established in the 1970s and have continued to grow in number and complexity.
Currently, they have 160 conservancies registered with them in 28 counties, as
shown in Figures 9-2 below. Of these, 110 are operational, 42 emerging, and eight
proposed. Of these, 76 are on community land, 26 are formed by grouping
together private lands, and 58 are on private individual land ownership. The
largest community conservancy in the country is the Melaka 5467Km2, followed by

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Malkahalaku conservancy, which covers 4800Km2and then Lokichar 4540Km2.

(KWS report 2015-2017).
These conservancies are host to 90% of the global population of Grevy’s Zebra
and Hirola. They also support community livelihoods with over 707,460 households
-1,809 non-uniformed staff, 2,991 rangers, and 206 staff employed by the regional
association. The conservancies have administrative and management structures
defined by their various umbrella associations. Thus, they are grouped based on
areas of the region: Amboseli ecosystem, Athi Kapiti, Laikipia, Lamu, Masai Mara,
Rift Lakes, Southern rangeland, Northern rangelands, Taita Taveta, Tsavo, Western
and North Eastern. The associations deal with the governance, laws, policies, and
regulations affecting the member conservancies. The Northern Rangeland Trust,
the KWCA, and the Maasai Mara Wildlife Conservancies Association are the three
largest umbrella Conservancy associations in Kenya (KWS, 2017).

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Figure 9-2: Conservancies in Kenya

Source: GRI and Hilda

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9.9.6: Marine National Parks

There are 4 Marine National Parks distributed in Kilifi, Kwale, and Mombasa
Counties. These are Kisite, Mombasa, Watamu, and Malindi Marine National Parks.
They cover a total gazetted area of 54km2, with Mpunguti Marine Park being the
largest while Malindi is the smallest. Kisite-Mpunguti Marine Protected Area
Management Plan, 2015-2025, was finalized and gazetted through a gazette notice.
no. 1896 of March 2016 (KWS, 2017).

9.9.7: Marine National Reserves

There are 6 Marine National Reserves in the counties of Lamu, Kilifi, Mombasa, and
Kwale with a total acreage of 871km2 that are appendages of the National Marine
Parks except for Diani Chale and Kiunga. Kiunga is the largest, followed by
Mombasa, while Mpunguti is the smallest. Kiunga, Malindi, and Watamu Marine
Reserves are internationally recognized as UNESCO Man & Biosphere Reserves
(1978). Diani Chale Marine National Reserve is yet to develop a management plan
while the rest have their management plans developed at various stages. Kisite-
Mpunguti Management Plan was gazetted in 2016. Presently, the Reserves face
various pressures, including illegal fishing by trawlers, pollution, especially by
solid and plastic waste, dynamite fishing, climate change, and invasive species that
undermine the health status of the Reserves (KWS, 2017).

9.9.8: Wildlife Trends and Distribution in the Rangelands

Kenya's semi-arid and arid areas make up the rangelands covering 80 percent of
Kenya, supporting large free-ranging populations of wildlife and pastoralists.
Ecological surveys of wildlife and livestock populations conducted in the Kenyan
rangelands since the mid-1970s by the Directorate of Resource Surveys and
Remote Sensing (DRSRS) show populations have fallen steadily (Ottichilo et al.,
2000). The overall losses stood at 48 percent between the 1970s and 1980s, halved
to 23 percent in the 1990s, and halved again to 11 percent in the 1990s and
averaged 68.1% or 1.7% year in the 2000s (Ogutu et al., 2016). The declines were
most pronounced (64–88%) for, and therefore severely threaten the continued
population viability and persistence of wildebeest, Giraffe, gerenuk, Grant's
gazelle, warthog, lesser kudu, Thomson's gazelle, eland, Oryx, topi, hartebeest,
impala, waterbuck and Grevy's zebra. The gravity of the declines is underscored
by the facts that already by 2013, 7 species of large mammals, including Ader's
duiker (Cephalophus adersi), the hirola or Hunter's hartebeest (Beatragus hunteri),
Roan (Hippotragus equinus), and Sable (Hippotragus niger) antelopes, had been
classified as critically endangered. Nineteen (19) species of mammals were rated
as endangered, whereas 37 species of mammals were classified as vulnerable.

Most wildlife species in the Kenyan rangelands declined in 2019 compared with
the population recorded in 2018. The decline is attributable to unfavorable
weather conditions in the rangelands during the year and habitat conversion and
loss resulting from human population expansion. The species whose populations
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remained stable during the period include Eland, Elephants, Gerenuk, Hunters
Heartbeats, Waterbuck, and Grevy's Zebra. Grevy's zebra is listed on the
Convention on International Trade as Endangered Species of Wild Fauna and Flora
(CITES Appendices valid from 28 August 2020)

According to Kenya's Natural Capital Biodiversity Atlas, 2015; wildlife trends in

Kenya rangelands indicate large losses in the last 30 years. The period the 1990s –
2000s registered heavy declines in Grevy's zebra (74%), Kongoni (68%), Topi
(65%), Eland (62%), and Oryx (49%), Burchell's zebra (43%), Hunter's hartebeest
(41%), Giraffe (39%) 47and Impala (38%) populations. There were moderate
declines in Grant's gazelle (29%), Warthog (28%), Waterbuck (16%), Lesser kudu
(16%), and Buffalo (1%). There were positive increases in Elephant (2%), Gerenuk
(3%), Wildebeest (16%), and Thompson's gazelle (38%) populations during the
period (Ogutu et al., 2016).
Table 9-3 depicts the trends of species that have experienced particularly extreme
declines in their population.

Table 9-3: Trends of Species

Species 1977 – 1980 2011 – 2013
Warthog 30,726 8,676
Lesser kudu 17,023 4,699
Thomsons gazelle 158,452 38,989
Eland 447,145 9,826
Oxryx 64,313 13,726
Topi 126,330 221,239
Hartebeest 42,977 6,837
Impala 171,016 27,124
Grevy zebra 14,447 1,874
Waterbuck 15,619 1,906
Source: Ogutu, et al, 2016

9.10: THREATS AND CHALLENGES TO WILDLIFE CONSERVATION AND

MANAGEMENT
In Kenya, the human population has grown from 37.7 million in 2009 to 47.6 million
people in 2019 (KNBS 2020). This increase in population has been a decline in land
availability, especially in high and medium potential areas, and increased
settlement in arid and semi-arid regions, which in most cases are wildlife inhabited
areas. The emergence of irrigation agriculture and the opening up of infrastructure
in the ASAL areas has acted as a population pulls effect. Such areas are now facing
land subdivisions, and evidence of man's impact on wildlife is evident, including
enlargement of agricultural land and the spread of invasive species with a record
212 alien species in the Mara ecosystem. There are human to wildlife conflict, and
soil loss, especially in fragile lands, and changes in land use. The rapid population
increase also comes with increased demands on natural resources, which
negatively impact wildlife conservation. These include more demand on fuel
resources (charcoal and firewood) and building materials (poles, posts, and
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timber), extraction of water resources. It is manifested in areas such as habitat

destruction and fragmentation, introduction and spread of alien and invasive plant
and animal species, encroachment into wildlife areas, pollution, water abstraction,
loss of wildlife corridors and dispersal areas, loss of native vegetation for exotic
species, the proliferation of illegal harvesting and trade in wildlife and wildlife
products.

9.11: WILDLIFE MIGRATORY ROUTES AND CORRIDORS

Wildlife Habitat fragmentation and loss. As a result of the human population
increase leading to encroachment into key wildlife habitats, the wildlife dispersal
areas have shrunk, and others lost, resulting in fragmented areas. Connecting
these habitat fragments is critical to allow the movement of wildlife and the flow of
genes between populations for the survival of the species therein.

Wildlife migratory corridors are important because they connect core habitats and
are critical for maintaining the ecological integrity of the protected area systems
for species' survival and long-term viability of ecosystems. Kenya has major
challenges in securing connectivity and dispersal areas to allow wildlife to move
freely across landscapes while at the same time protecting other key land use
activities such as agriculture, settlements, and infrastructure development.

Mapping of wildlife dispersal areas and migratory routes/corridors was done for
eight keystone species – namely elephants, wildebeest, Burchell's (Common or
Plains) zebra, Grevy's zebra, giraffe, buffalo, topi, and oryx selected mainly due to
their migratory nature, foraging habits and (i.e., grazer, browser, and mixed
feeder), their conservation status. It was one of the flagship projects in line with
Vision 2030.

In the Southern Kenya rangeland ecosystems that comprise six contiguous sub-
ecosystems, a total of fifty-eight (58) migratory routes and corridors were
identified: Maasai-Mara ecosystem (17); Eburu Forest and Lakes Naivasha-
Elmentaita-Nakuru conservation and ecological area (8), Athi-Kaputiei and Nairobi
National Park (7), South Rift (8), Amboseli and west Kilimanjaro (8), and the Tsavo
Conservation Area (10).

There are 52 migratory routes and corridors identified in the Northern Kenya
rangelands and coastal terrestrial ecosystem that comprise the greater Ewaso
ecosystem, South Turkana-Mt. Elgon ecosystem, northeast Kenya landscapes, and
coastal terrestrial ecosystems. The majority of the migratory routes and corridors
are found in the greater Ewaso ecosystem that occupies a vast area largely arid
and semi-arid. It extends from Mt. Kenya and the Aberdare slopes Range in the
southwest to the arid lowlands east of the Lake Turkana shoreline and Mt. Marsabit
in the north. More salient routes and corridors used by other wildlife species also
exist in the Kenya rangelands but were not considered and needed further

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investigation (Ojwang et al., 2017). Some of the major migratory corridors and
routes mapped are illustrated in Figures 9-3, 9-4, 9- 5, and 9-6. Further details on
the wildlife migratory routes and corridors as provided in the figures below.

Figure 9-3: The Amboseli –West Kilimanjaro (Elephant corridor)

Source: DRSRS/KWS 2017

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Figure 9-4: Athi –Kaputei (Nairobi-Kitengela) - Wildebeest Corridor

Source: (DRSRS/KWS 2017)

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Figure 9-5: Tsavo-Mkomazi (Elephant corridor)

Source: (DRSRS/KWS 2017)

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Figure 9-6: Serengeti-Mara- Wildebeest Migratory Corridor

Source: (DRSRS/KWS 2017)

The National Wildlife Conservation Status Report, 2015-2017 indicates that nearly
all the wildlife dispersal areas and migratory corridors in the Kenya rangelands
have been interfered with by human activities. Some are highly threatened or have
been completely blocked. For example, the collapse of wildlife populations in the
Athi-Kaputiei area and subsequent curtailment of their movement from the Kajiado
plains into Nairobi National Park has been attributed to high-density settlements,
fences, and subdivision along the Kitengela-Namanga highway.
The main threats identified in this report affecting habitat connectivity include
incompatible land use in wildlife areas, including expansion of crop cultivation
along the rainfall gradient, high-density settlements, fences, mining and
quarrying, woodland clearing, wetland drainage, high-density livestock presence,
and poaching. The rapidly escalating human population and high levels of rural
poverty are mainly to blame; these are often associated with land tenure and land-
use change, sedentarization, sub-divisions, and habitat fragmentation.

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9.11.1: Strategies for Securing Wildlife Migratory Routes and Corridors

A multi-agency task force established in 2017 and coordinated by DRSRS, among
other tasks, mapped the wildlife migratory routes and corridors in 2017. In this
regard, the following broad recommendation strategies were advocated to
address the threats and impacts on wildlife dispersal areas and migratory
corridors:
 Developing, expanding, and implementing the proposed Conservation
Connectivity Framework;
 Identifying, prioritizing, and securing wildlife dispersal areas and migratory
corridors; Promoting an integrated land use for spatial planning taking into
consideration biodiversity conservation;
 Reviewing policies and legislation; Rationalize and implement the policies,
laws, and regulations related to land use, wildlife conservation, forestry,
water, and agriculture;
 Promoting community participation in biodiversity conservation in decision-
making;
 Programmes and initiatives that involve local communities; Sourcing and
providing resources for conservation connectivity management;
 Carrying out regular monitoring and evaluation for effective management of
wildlife dispersal areas and migratory corridors.

9.12: HUMAN-WILDLIFE CONFLICT

Human-wildlife conflict is the interaction between humans and wildlife that
negatively impacts the environment, social, economic, and culture. Human-wildlife
conflict has emerged as a great challenge to wildlife management and a major
threat to wildlife conservation, as shown in Figure 9-7. It is because wildlife
habitats are confined to protected areas and extend into the community and
private lands. The main reasons for the increased cases of conflicts are the
increased human population leading to human encroachment into wildlife areas for
agriculture, settlement, urbanization, and climatic changes.

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Figure 9-7: Map Showing Human Wildlife Conflict Hot Spots

Source: KWS, National Wildlife Conservation Status report 2015-17

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As the Government agency mandated to conserve and manage Kenya's wildlife has
collaborated with stakeholders, Kenya Wildlife Service employed several
strategies to address the Human-Wildlife Conflict challenges. These strategies,
among others, include the use of wildlife barriers such as electric and non-electric
fences. Telemetry technology to monitor wildlife movements, establishment and
modernization of a Problematic Animal Management Unit (PAMU) for deployment
in human-wildlife conflict hotspots to manage the conflicts is another strategy. A
Community support program on compensation for loss of property, human
injury/death resulting from human-wildlife conflict. Concerning addressing
human-wildlife conflict, the Government undertakes to promote human-wildlife
coexistence.

9.13: WILDFIRES AND IMPACTS ON WILDLIFE PROTECTED AREA SYSTEM

ECOLOGY
Wildfires are common in the Wildlife Protected Areas globally, leading to
environmental degradation, including landscape destruction, soil erosion,
nutrients depletion, biodiversity loss, ecosystems change (vegetation and habitats,
with implications for fauna sustainability), and air pollution. These changes can
remain for some months to several years. The ecosystem recuperation is
vulnerability extends, resilience to disturbance, vegetation, topography,
meteorological conditions, and human intervention depended (McKenzie, 2010).
At a global scale, fires are a significant source of emitted carbon, contributing to
global warming, leading to biodiversity changes.

Wildfires lead to changes in biomass stocks, alter the hydrological cycle with
subsequent effects for marine systems such as coral reefs, and impact plant and
animal species functioning. Smoke from fires can significantly reduce
photosynthetic activity and be detrimental to humans and animals' health. The
destruction of standing trees and dead logs on the ground has negative effects on
most of the small mammal species, e.g., bats and cavity-nesting birds. Fires can
cause the displacement of territorial birds and mammals, which may upset the
local balance and ultimately result in the loss of wildlife since displaced
individuals have nowhere to go. Loss of fruit trees results in an overall decline in
bird and animal species that rely on fruits for food; this effect is particularly
pronounced in tropical forests. Burned forests become impoverished of small
mammals, birds, reptiles, and carnivores to avoid burned over areas. The
reduction in densities of small mammals such as rodents can adversely affect the
food supply for small carnivores. Fires also destroy leaf litter and its associated
arthropod community, further reducing food availability for omnivores and
carnivores.

Wildfire is a common phenomenon in Kenya's wildlife-protected area system of

National Parks and reserves. Key areas that experience wildfires include the Tsavo
National parks (Tsavo East and Tsavo West and Chyulu National Park in the Tsavo

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Conservation Area (TCA). Other significant areas include Shimba Hills National
Reserve in the Coast Conservation Area, Mt. Kenya National Park and Forest
Reserve, and Aberdare National Park in the Mountain Conservation Area. In
addition, Ruma National Park in the Western Conservation Area also experiences
fires. Table 9-4 showcases the acreage burnt in Tsavo conservation in the period
July-August 2020. Mt. Kenya National Park is a UNESCO-scribed World Heritage
site. It is also a UNESCO inscribed Man and Biosphere Reserve due to its
outstanding Universal values attributed to its unique biodiversity and other
ecological characteristics. Tsavo National Parks is listed in the UNESCO Tentative
List for inscription as a World Heritage site. Figures 9-8 and 9-9 shows areas
affected by fire in Tsavo West and Tsavo East in July-August 2020.

Figure 9-8: Areas Affected by Fire in Tsavo West

Source: KWS 2015 -2017 Report

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Figure 9-9: Fire locations in Tsavo East National Park

Source: KWS
Table 9-4: Acreage burnt in Tsavo Conservation Area, July-August 2020
Area Acres Hectares KM2
Tsavo East National Park 13,272.50 5,372.19 53.72
Tsavo West National Park 145,390.24 58,837.34 588.37
Chyulu National Park 132 53.42 0.53
Taita Ranches 3596 1,455.25 14.55
Grand total 162,390.74 65,718.20 657.17

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Fires and their impact have to be managed and should include social, economic,
cultural, and ecological variables to minimize the damage and maximize the
benefits (Rego et al., 2010). There is no consensus on how to manage fires in
protected areas or outside them. The strategies to combat wildfires are divided
into suppression strategies and prevention strategies. For the first half of the 20th
century, complete fire suppression was a standard policy, and it still is in many
National Parks of the world. Suppression policies have slowly changed, partly
because of their cost, partly because they are inefficient, and partly because of
changes in ecological thinking.

Fire suppression leads to the buildup of dead biomass in fire-prone ecosystems,

which may produce more severe fires when they do burn. Fire suppression
strategies are based on the idea of the application of fire to combat wildfires. It is
an intentional application of fire to speed up or strengthen the fire suppression
used by the local population. In uncontrolled wildfires, this technique is beneficial
to extinguish them (Montiel & Kraus, 2010) but not to protect the land from
wildfires. It is clear that fire suppression is not an adequate strategy for fire
management from the ecological point of view - it is creating flammable
landscapes (Bowman et al., 2011) with unknown and tremendous impacts on
protected areas.

To some extent, in determining ecosystems, fire is an important ecological element

in managing the protected areas. It is important to let natural fires burn and
manage the other areas with prescribed fire (Barber, Miller, & Bones, 2004). The
recent fires in the Tsavo conservation area, in Mt Kenya National Park and Ruma
National Park, have impacted wildlife in those areas. It is clear that elephant, and
possibly other wildlife species, the movement was affected by the fire. Elephants
avoided the burnt area, possibly due to lack of forage or the fear of fire. Most of the
forage plants for wildlife were destroyed by fire.

Fire Prevention strategies are much more advantageous in fire management,

including fire with prescription and traditional burning. Fire with prescription
considers the application of fire by firefighters to landscape management
proposals. The prescribed fire is the application of fire under certain
environmental conditions where it is usually confined to a plot and has
management objectives.

The management of protected areas with prescribed fire is a great advantage in

maintaining the natural fire regimens and protecting them from wildfire building
firebreaks. Application of prescribed fire as a firebreak strategy may achieve over
70% of the effect of wildfires. The use of fire in protected area management has
been progressively introduced, and the role of fire in protected areas has a
positive relationship with management, forest health, and biodiversity. However,
many efforts and research have to be done to understand the fire effects on

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sensitive and protected habitats. Figure 10-9 outlines the movement of elephants
within Tsavo Landscape and fire-prone areas.

Figure 9-10: Collared elephant movement in Tsavo Landscape

9.13.1: Mitigation Measures

Putting up fire breaks along the wildlife protected area boundaries important. The
fire breaks should be wide enough to stop the fire from getting into the wildlife
areas and communities neighboring the parks.
There is a need to develop capacities to mitigate and control fire instances by
leveraging partnerships with communities and stake holders adjacent to the
Wildlife Protected Areas prone to fire for efficiency and functionality. Further,
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there is a need to develop a logistical fire management strategy in each wildlife

conservation area, especially the Tsavo, Mountain, and the western regions prone
to wildfires anchored around community partnerships for effective fire incidence
reduction mitigation.

Recent technological advances in satellite imagery have led to a fire monitoring

system (MODIS). The management should use the data generated over time in
decision-making before and after fire outbreaks. There is a need to establish and
support adequate budgets, Fire Fighting Zones, and response Units for each
wildlife conservation area prone to wildfires to mitigate against fire outbreaks and
restore the affected areas.

9.14: KEY BIODIVERSITY AREAS (KBAS) PERFORMANCE ASSESSMENT

Key Biodiversity Areas (KBA) are 'sites contributing significantly to the global
persistence of biodiversity, in terrestrial, freshwater, and marine ecosystems, as
shown in Figure 9-11 below.

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Figure 9-11: Map showing Key Biodiversity Areas in Kenya

Source: Nature Kenya Report 2019.

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9.14.1: State, Pressure and Response of KBAs

Sixty-seven (67) KBAs have been monitored repeatedly to establish the pressure
exerted on the habitats and species. The state of KBAs improved slightly in 2018
(Figure 9-12) from an average score of 0.94 in 2017 to an average of 1.40 in 2018.
However, Kenyan KBAs are increasingly experiencing high pressure. Pressure
scores increased from an average score of 1.90 in 2017 to a high of 2.57 in 2018.
This increase is primarily attributed to proposed and ongoing infrastructure
development projects (road, rail, power transmission lines, and pipelines).
Unregulated resource extractions – for example, water abstraction from catchment
areas –are key threats to these critical sites.

Furthermore, land-use changes – mainly forest land to agricultural expansion-

have been highlighted to increase pressure on habitats, such as in Mau forest and
Cherangani forest in the Central rift valley and Dakatcha Woodland coastal region,
among others. The Response score increased marginally, from 1.42 in 2017 to 1.47
in 2018. The scores can be attributed to the deliberate action by the Government to
ban the extraction of timber and other forest products and the focus on catchment
forest restoration initiatives.

Figure 9-12: Performance trend on State, Pressure, and Response of 67 Key Biodiversity Areas
Source: Nature Kenya Report 2019
Out of the 67 KBAs, only five scored favorable status: Aberdare Mountains, Mwea
National Reserve, North Nandi Forest, Sabaki River Mouth, and South Nguruman.
Three KBAs, namely, Lake Ol ‘Bolossat, Masinga Reservoir, and Mt. Elgon,
reported a near favorable status. At the same time, the Taita Hills, Dakatcha
Woodland, Kinangop Grassland, Kakamega Forest, Yala Swamp Complex, and
Mount Kenya totaling 34 KBAs, recorded an unfavorable state. In addition, another
25 KBAs, including Shimba Hills, Kianyaga Valleys, Kaya Gandini, and Busia
grassland, were very unfavorable.
Some of the critical threats profiled from the sites include:
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 Land-use change, especially within KBAs that are not formally protected and
located within private land
 Overexploitation, especially illegal logging, collection of eggs and
poaching, charcoal burning, and wood carving
 Lack of legal protection leaving open access and target for conversion and
encroachment
 Energy production (Geothermal expansion) and mining (for Rutile, Zicon,
and Titanium), particularly prospecting of minerals and quarrying (for
cement manufacturing) and industrial expansion near KBAs (Expansion of
transport and energy (power line) Infrastructure and service corridors
through or near KBAs (e.g., SGR)
 Climate change and severe adverse weather causing prolonged droughts,
increasing risks to accidental wildfires, and limited mid-level vegetation
and seedling regeneration
 Colonization by alien /or Invasive plant and animal species
 Pollution from untreated open wastewater and solid domestic and industrial
garbage
 Agricultural expansion and intensification around KBAs and dispersal
corridors
 Human-wildlife conflicts and wildlife poisoning

The response in conservation actions in KBAs increased slightly from 1.42 in 2017
to 1.47 in 2018. This positive rating is attributed to the improvement and continued
commitment by the Government through the relevant lead agencies and
collaboration with partners and stakeholders towards the conservation of wildlife
habitats.

9.16: INVASIVE SPECIES

Kenya has had several invasions of alien species that negatively impacted
biodiversity, agriculture, and human development. Studies show that 34 species
have invaded Kenya: 11 arthropods, ten microorganisms, nine plant species, and
four vertebrates (Kedera & Kuria, 2005), as shown in Table 9-5 below. Strategies
for managing alien and invasive species have included quarantine measures for
unintentional and intentional introductions, eradication, containment and control,
monitoring and research, regional cooperation, and public awareness.
Cooperation, assistance, and capacity building are required to manage the
problem of invasive species effectively.

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Table 9-5: List of Invasive Species in Kenya

1. Arthropods

Larger grain borer 1983 Pest of stored maize and Heavy post-harvest losses in
Prostephanus truncatus cassava maize; trade restrictions

Serpentine leafminer 1976 Pest of many horticultural Crop losses and loss of
Liriomyza trifolii crops overseas markets due to
(Burgess) quarantine requirements

Western flower thrips 1989 Pest of many flower crops, Intensified use of pesticides;
Frankliniella pulses and horticultural loss of crop and capital due
occidentalis crops to quarantine requirements
(Pergande)
Cypress aphid 1991 Cypress trees decimated Degraded environment
Cinara cupressivora

Russian aphid 1995 Barley and wheat production Less food, income available
Diuraphis noxia reduced

Cassava mealybug 1989 Reduced cassava production Less food, income available
Phenacoccus manihoti

Leucaena psyllid 1992 Reduced fodder Loss of capital

Heteropsylla cubana

Citrus woolly whitefly 1970s Reduced fruit production Loss of capital

Aleurothrixus floccosus

Purple tea mite 1976 Reduction in tea leaf Loss of capital

Calacarus carinatus production

Tomato russet mite 1976 Reduced tomato production Loss of capital

Aculops lycopersici
Louisiana crayfish 1970 Reduction of flora and fauna, Harvested by man
Procambarus clarkii increased turbidity

2. Micro-organisms

Crown gall 1995 Reduced production in roses Loss of capital

Agrobacterium
tumefaciens
Black Sigatoka 1988 Reduced banana production Less food, income available
Mycosphaerella
fijiensis
Panama disease 1952 Reduced banana production Less food, income available
Fusarium oxysporum f.
sp. cubense
Cassava mosaic 1994 Reduced cassava production Less food, income available
disease ACMV (UgV)
(Begomovirus)
Maize streak disease 1936 Reduced maize production Less food, income
(MSV)
(Geminivirus)

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Fruit and leaf spot 1972 Reduced citrus production Less food, income
Phaeoramularia
angolensis
Citrus greening 1972 Reduced citrus production Less food, income
disease (bacterial)
Barley yellow dwarf 1983 Reduced barley and wheat Less food, income available
virus (BYDV) production
Napier grass smut 1992 Reduced fodder production Loss of capital
Ustilago kamerunensis
Coffee berry disease 1940 Reduced coffee production Loss of capital
Colletotrichum
coffeanum

3. Plants

Water hyacinth 1989 Serious Very serious

Eichhornia crassipes
Water fern 1984 Serious Serious
Salvinia molesta

Prosopis julliflora. 1983 Serious Serious

Wild garlic 1993 NA Serious to horticultural

Allium vineale farmers
Prickly pear 1940s - 50s Out-competes native plants, Poisonous, spines dangerous
Opuntia spp. precludes grazing and
browsing near it
Mexican marigold Unknown Minimal Increased weed eradication
Tagetes minuta costs

Lantana 1950s Out-competes other Poisonous to livestock,

Lantana camara vegetation habitat for tsetse flies

Morning glory 1960s Grows over and out- Reduced pasture

Ipomoea spp. competes other plants

Eucalypt 1939 - 45 Minimal, though some None

Eucalyptus spp. evidence it retards
recruitment of native
species
4. Vertebrates

Nile perch 1960s Greatly reduced abundance Economic boost to fishers,

Lates niloticus of native cichlids reduced catch of smaller
species
House sparrow Early 1900s Displacing local sparrows Noisy, messes buildings with
Passer domesticus nests
Lovebird 19th Competing with local Pests especially for cereals
Agapornis sp. century species for nest holes

Indian house crow 1947 Displacing native species, Urban pest, damages crops,
Corvus splendens kills fruit bats hazard at airport

Source: Kedera & Kuria, 2005

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9.17: GOVERNANCE OF BIODIVERSITY

9.17.1 National Level
Several national policies, legislation, regulations, and guidelines as legal
instruments for governance in the conservation and management of the country’s
biodiversity were developed or reviewed during the reporting period. Some of
the existing key policy and legal documents considered for review included
 The Wildlife Policy of 1975 - Sessional Paper no. 3 on Statement
 The Wetlands Management Policy
 The Wildlife Conservation and Management Act, 2013
 The Environment and Management Coordination Act, 1999
 The Science, Technology and Innovations Act
The review and development of such instruments have been informed by the need
for enhanced conservation and management of the country’s biological resources.
It is also driven by the need to domesticate as part of the national laws, provisions
of the various biodiversity–related multi-lateral environmental agreements that the
country has signed and ratified. Recently, some policies were
reviewed/formulated including The National Wildlife Conservation Strategy, 2030
and National Wildlife Policy 2020, the Sessional Paper No. 1 of 2020.

Sessional Paper No. 1 of 2020 outlining National Wildlife Policy aims to create an
enabling environment for conservation and sustainable management of wildlife for
the present and future generations. It will be achieved by promoting access to
incentives and sustainable use of wildlife resources while ensuring equitable
sharing of benefits. Further, promoting partnerships and incentives for wildlife-
based enterprises and facilitating collaboration for effective governance and
financing of the wildlife sector between communities, private conservancies,
counties, and national Government. It takes cognizance of the myriad of challenges
wildlife conservation outside protected areas is facing. The cooperation of
landowners is important for wildlife conservation in non-protected areas. Proper
incentives are needed for land-use practices that tend to phase out wildlife, such as
agriculture, to be minimized or confined to appropriate areas. To achieve this, the
Government undertakes to promote wildlife conservation as a land-use option
while providing incentives to support individuals, communities, and other
stakeholders to invest in wildlife conservation and management. There is also the
empowerment of landowners and communities in wildlife areas to participate
effectively in decision-making on wildlife resources and benefit from using the
resources.

9. 17.2 International Level

Implementation of Biodiversity related Multilateral Environmental
Agreements (MEAs)
Among the key biodiversity-related multilateral environmental agreements the
country continued to implement with biodiversity governance implications are:

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Convention on International Trade in Endangered Species of Wild Fauna and

Flora (CITES)
The main objective of CITES is the regulation of international trade in endangered
species of wild fauna and flora through a system of Permits and Certificates.
Parties to the Convention are obligated for purposes of effective implementation of
the Convention to formulate national laws that provide for:
 Designation of a CITES Management and 1or more CITES Scientific
Authorities;
 Prohibition of trade conducted in violation of the Convention;
 Penalization of illegal trade
 Confiscation of specimens illegally traded or possessed

Kenya Wildlife Service is the designated CITES Management Authority for

purposes of implementing the Convention. Kenya Wildlife Service and National
Museums of Kenya are designated CITES Scientific Authorities to advise the
Management authority on the status of CITES-listed species and issuance of trade
permits for such species. The Conference of the Parties to CITES, a meeting of all
signatory States to and the highest decision-making organ of the Convention, is
held every three years for Parties to review progress in implementing the
Convention and make decisions including amending species listing in the CITES
Appendices. Parties make proposals for considering the Conference of the Parties
for the amendment of the CITES listing and interpretation of the Convention. The
decisions adopted by the Parties are binding. New measures for the
implementation of the Convention are adopted through approval of proposals
submitted by Parties to amend the listing of species in the Appendices of the
Convention (Appendix I and II) and draft decisions and resolutions for better
interpretation of the text of the Convention to enhance its implementation.

Kenya’s submission of proposals to the 18th Meeting of the CITES Conference of

the Parties held in August 2020 in Geneva, Switzerland, for inclusion of white-
spotted Wedgefish; Rhynchobatus Australia and R. djiddensis, of Sea
Cucumber, Holothuria spp, and Giraffe, Giraffa spp. to regulate international trade
in specimens of the species and transfer Pancake tortoise, Malacochersus
tornieri from Appendix II to Appendix I to control trade in wild-caught specimens
were approved thus amending the CITES Appendices.
The Ramsar Convention on Wetlands
The Convention on Wetlands (popularly known as the Ramsar Convention), signed
at Ramsar, Iran in 1971, provides the framework for national action and
international cooperation to conservation and wise use of wetlands and their
resources. The Convention covers all aspects of wetland conservation and wise
use, recognizing wetlands as ecosystems that are extremely important for
biodiversity conservation in general and the wellbeing of human communities.

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Contracting Parties commit themselves to promote the wise use of all wetlands in
their territory through:
 National land-use planning, including wetland conservation and
management,
 Promote training in wetland research, management, and wise use and
 Consult with other Parties on the implementation of the Convention,
especially concerning trans-frontier wetlands, shared water systems, shared
species, and development projects that may affect wetlands

Kenya ratified this Convention in 1990 to stem the loss and promotion of wise use of
wetlands in the country. In recognition of the international importance of Kenya’s
wetlands to biodiversity conservation and management, six (6) sites; Lake Nakuru,
Lake Bogoria, Lake Elmentaita, Lake Baringo, Lake Naivasha, and the Tana River
Delta, have been designated Ramsar Sites. The conservation and management of
the Ramsar sites are expected to be in accordance with the norms, standards, and
guidelines prescribed under the Ramsar Convention, including providing to the
Ramsar Secretariat, regular update Ramsar site Information Sheet) on the status of
conservation of each of the sites designated as a Ramsar site.

During the reporting period, international concerns were raised by the

Secretariats of Ramsar, Africa Eurasian Waterbirds Agreement (AEWA), and the
World Heritage (WHC)

Conventions on the state of the ecological integrity of Lake Elmentaita as an

Important Birds Area and habitat for migratory waterbirds following potential
impacts of infrastructural development related to the construction of the high
voltage 400kv Olkaria-Lessons – Kisumu overhead power transmission line to the
birds and other biodiversity of Lake Elmentaita wildlife sanctuary Figure 9-13,
below;

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Figure 9-13: Map of the Olkaria-Lessos-Kisumu Line (in dotted red)

Source: MOE

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This map also shows the existing 132 kV line that was commissioned in 1957. The
Government was requested to invite a joint Mission of the technical team from the
IUCN, AEWA, RAMSAR, and WHC to check the threats to Lake Elmentaita as a
Ramsar and World Heritage site. The team also studied the sites as an important
area for migratory waterbirds listed under the AEWA agreement while noting the
Government's efforts to mitigate against the threats.

The rising of water levels, a phenomenon reported during the reporting period
and in all the rift valley lake system, changed the ecological characteristics of the
lakes. For example, the population of flamingoes in the Lake Nakuru National Park,
one of the characteristics /outstanding universal value used in the designation of
the Lake as a World heritage site, declined. The increased water levels in the lake
system have expanded the lakes and shrinking of the terrestrial habitats for
wildlife within the sites.

Convention on the Conservation of Migratory Species of Wild Animals (CMS

or the Bonn Convention)
The Convention on Conservation of Migratory Species (CMS) is a Framework
Convention that aims to conserve terrestrial, marine, and avian migratory species
throughout their range. Kenya ratified CMS in 1997, with KWS as the focal
organization coordinating the implementation process for CMS in the country. The
Convention lists species of conservation concern in its schedules; the Appendices
and encourages the Range States of those listed species to conclude Global or
Regional Agreements and MoUs for cooperative engagements towards
conservation and management of the species and their habitats. Such agreements
for which Kenya has signed include:
 Agreement on the Conservation of African-Eurasian Migratory
Waterbirds, AEWAMemorandum of Understanding on the Conservation and
Management of Marine Turtles and their Habitats of the Indian Ocean and
South-East Asia (IOSEA);
 Memorandum of Understanding on the Conservation and Management
of Dugongs (Dugong dugong) and their Habitats throughout their Range';
 Memorandum of Understanding concerning the Conservation of
Migratory Birds of Prey in Africa and Eurasia; (Raptors MoU); and
 Memorandum of Understanding on the Conservation of Migratory Sharks
(Sharks MoU)

In the implementation of provisions of the CMS Convention and its family of

agreements, the Government's efforts are described as ensuring that animals'
migratory species are secure and monitored when in the country. It also involves
ensuring that the integrity of their unique habitats is maintained to sustain both the
migratory and resident species.

Strategies and Species-Specific Action Plans for the conservation of the migratory
species were developed or processed for development initiated in the reporting
period. These include the development of the National Action plan for the
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conservation of the Grey Crowned Cranes (Balearica regulorum) under the

framework of the AEWA agreement, development of the Protocol to the
preservation of Marine Turtles under the framework of the IOSEA Marine Turtles
MoU, under the framework of the Raptors MoU, monitoring through tagging of
Raptors, the impacts of windfarms infrastructure on the movements of the birds and
utilization of their habitats, especially around Kipeto in Kajiado and around the
Lake Turkana parks.
The Convention on Conservation of Biological Diversity (CBD) and Nagoya
Protocol (NP)
Adopted in 1992 at Rio, the Convention on Conservation of Biological Diversity
aims at achieving three (3) goals:
 Conservation of biological diversity,
 Sustainable use of the components of biodiversity, and
 Fair and equitable sharing of the benefits from the use of genetic resources.

Under the Convention, Governments undertake to conserve and sustainably use

biodiversity. Therefore, parties are required to develop National Biodiversity
Strategies and Action Plans (NBSAPS) and integrate these into broader national
plans for environment and development. Under the Convention are two (2)
Protocols, the Nagoya Protocol on Access to Genetic Resources and Fair and
equitable sharing of benefits arising from their utilization and The Cartagena
Protocol on Biosafety for governing movement from one country to another of
living modified organisms resulting from modern biotechnology.

Kenya is a signatory to the Convention and both its supplementary protocols.

In the effort to implement the third goal of the Convention as amplified by the
Nagoya Protocol, the country has developed a national model; an Access and
Benefit Sharing (ABS) model for permitting access to genetic resources for
research and development and sharing of benefits accruing from the access and
utilization of the resources. This model aims to mainstream access genetic
resources and unlock the national economic development potential in research
and development but control bio-piracy in the country's biodiversity. Key
elements of the model are Prior Informed Consent (PIC), Mutually Agreed Terms
(MAT) and, Material Transfer Agreement (MTA) that are contractual agreements
between the providers and the resources users of the genetic and biological
resources being accessed for research and development. The developed National
ABS Model flow process for permitting access to and utilizing biological resources
for research and development is presented in Figure 9-14.

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Figure 9-14: Permitting Process Flow Chart for Access to and Utilization of Biological
Source: Resources for Research & Development

Lusaka Agreement on Cooperative Enforcement Operations Directed at

Illegal Trade in Wild Fauna and Flora (Lusaka Agreement Task Force-LATF)
The 10th December 1996 agreement concluded an inter-Governmental agreement
to facilitate cooperative activities in/among the Party States. It included carrying
out investigations on violations of national laws pertaining to illegal trade in wild
fauna and flora. Kenya Wildlife Service, on behalf of the country, hosts the
Secretariat of the Agreement. Law enforcement officers run the Secretariat
seconded from the signatory States' Wildlife authorities and coordinate with the
National wildlife authorities of signatory States and other law enforcement
agencies to control Cross –border illegal wildlife trade in member States.

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In the reporting period, the Government continued with its commitment to

implementing the international obligations, including domestication, into national
laws by developing policies, reviewing and developing national laws and
regulations, and provisions of the biodiversity multilateral environmental
agreements.
The Convention Concerning the Protection of the World Cultural and Natural
Heritage-The World Heritage Convention (WHC)
The primary focus of the UNESCO World Heritage Convention (WHC) concluded
in 1972 is to identify and conserve the world's cultural and natural heritage. It does
this by drawing up a list of sites whose outstanding values (OUV) should be
preserved for all humanity and ensure their protection through closer cooperation
among nations.

The WHC further aims to promote cooperation among nations to protect the all-
natural and cultural heritage of such outstanding value. Kenya ratified this
Agreement in 1992, with the National Museums of Kenya being the national focal
point for coordinating its implementation and custodian of the cultural heritage
component and Kenya Wildlife Service as the custodian of the natural heritage
sites.

The country has three sites listed under the UNESCO list of Natural World Heritage
Sites and six (6) as Cultural World Heritage sites. The Natural World Heritage sites
in Kenya are Mt. Kenya-National Park- Lewa Conservancy World heritage site, The
Rift Valley Lakes System World heritage site composed of the Lake Elmentaita-
Lake Nakuru National Park and Lake Bogoria National Reserve, and the Lake
Turkana National Parks World Heritage Sites composed of the Sibiloi National Park,
Central Island National Park, and the South Island National Park.

Under the UNESCO Convention's Man and Biosphere (MAB) Program, the country
has six sites inscribed as Man and Biosphere Reserves. These sites cover the
Amboseli National Park Biosphere Reserve, Mt. Elgon Biosphere Reserve, Mt. Kulal
Biosphere Reserve, Mt. Kenya National Park Malindi-Watamu-Arabuko Forest
Biosphere Reserve, and the Kiunga Marine Biosphere Reserve.

Maintaining the Outstanding Universal Values, especially the ecological

characteristics of the sites designated as World Heritage sites, continued to be an
issue of attention for the Government after concerns were raised at the UNESCO
World Heritage Committee on the adverse effects of infrastructural developments
by the Government of Ethiopia. This development along the Omo river to the Lake
Turkana Parks has been found to cause a decline in wildlife populations of the
unique species compounded by management challenges in the parks which are
World Heritage sites. Consequently, the status of Lake Turkana Parks as a World
Heritage site was degraded to a World Heritage Site on UNESCO Danger List. A
10-year Management Plan (2018-2028) for Lake Turkana National Parks was
developed, and the process for its implementation was initiated in 2020.

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CHAPTER 10. FOREST RESOURCES

10.1 INTRODUCTION
According to the Green Economy Strategy Implementation Plan, natural resources-
related sectors contribute 42% of Kenya's GDP and 70% overall employment.
These sectors include agriculture, mining, forestry, fishing, tourism, water supply,
and energy. The Constitution of Kenya, 2010 provides a robust governance
framework in managing natural resources by the two-tier Government systems
while stipulating devolution, equity in benefits. It sets a minimum of 10% tree
cover (NFP 2016-2030).

The lead agency in Forest management in Kenya is Kenya Forest Service (KFS), a
state corporation under the Ministry of Environment and Forestry. KFS derives her
mandate from the Forest Conservation and Management Act, 2016, which is "to
provide for the development and sustainable management, including conservation
and rational utilization of all forest resources for the country's socio-economic
development and connected purposes."

The Vision of KFS is an internationally recognized organization of excellence in

knowledge-based sustainable forest resources development, conservation, and
management. Its mission is conservation, management, development, and
sustainable utilization of forests and allied resources. The Country is divided into
10 Conservancies, 47 Ecosystem Areas, and 250 Forest Stations. Each of the offices
in the field is fully functional. The Forest Station is the smallest administrative unit
in the governance structure of the management of gazetted forests. The
constitution has devolved the management of forests in farmlands and County
Government forests under various County Governments as provided under the
Constitution of Kenya, 2010, Schedule Four (10(b)) on Forestry.

10.2 STATUS OF FORESTS

The last comprehensive forest cover assessment, "wall-to-wall," conducted in 2013,
indicated that the national forest cover stood at 4.18 million Ha, representing
6.99% of the total land area. This survey was undertaken using 2010 satellite
imagery, ground-truthing, and sampling for inventory data collection. This survey
used FAO classification of the forest, which consider a forest to be a group of trees
whose crowns are largely contiguous and include the ecosystem that makes it up
to a tree canopy cover of over 15%, the minimum area of 0.5Ha and a minimum
height of 2m with potential to reach 5m.

The vegetation is predominantly of indigenous tree species growing under natural

conditions and excludes planted indigenous plantation forests. The area includes
Mangroves and bamboo ecosystems. The area is legally delineated through
gazettement and includes central Government, County Government forests,
national parks/reserves, or the National Museums and Heritage Act, 2006. In 2015,

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the forest cover was estimated at 7.2% based on the national projection from the
2010 forest cover data (Table 10-1) according to (FAO 2015).

Table 10-1: Land Use/ Cover Hectarages

Name of Area (,000 Ha)
variables 1990 2000 2005 2010 2015
Forest 4724 3557 4047 4230 4413
Crop land 9258 9661 9868 10072 10276
Grass land 41522 41654 41496 41080 40664
settlements 57 87 109 126 143
Other lands 1004 1574 1035 1044 1053
wetlands 1472 1504 1482 1485 1488
Total area 58037 58037 58037 58037 58037
Source: FAO 2015
Analysis of change in forest cover over the last 25 years revealed improved
afforestation activities, especially from 2000 through 2015 through forest cover
decreased between 1990 and 2000 (Table 1-10). Cropland increased by 1,018,000
Ha between 1990 and 2015. Between 1990 and 2000, Kenya lost approximately 1.2
million ha of forest land, equivalent to 25% of forest cover. However, there has
been a remarkable increase in forest cover from 6.01% in 2000 to the predicted
7.2% in 2015. It is equivalent to an annual increase of 0.1%. The difference in total
forest area for 2010 was attributed to different data sources.

10.3 FOREST TYPES

According to the last inventory undertaken in 2010 by Kenya Forest Service, the
total forest cover stood at 6.99% of the land area. Protected forest cover was 3.2%
of the total land area. However, this does not include the recent gazetting of
several forests, including Boni Forest and others, totaling to extra 631,173.34
Hectares. Currently, the National forest cover is projected to be 7.4%. These
forests are categorized as Montane, Western rainforest, Bamboo, Afro-montane
undifferentiated forest, Coastal, and Dryland forests. The montane forest and the
coastal forest regions are the most forested areas with 18% and 10% forest cover.
Natural forests in Kenya are made up of montane forests, which occupy about 2%
of the total land area (1.14 million hectares). A considerable area of 2.13 million
hectares consists of bushland and mangroves. Public and private plantations
constitute 220,000 hectares (FAO, 2015). The distribution of forests in 2010 is
presented in Table 10-2.

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Table 10-2: Forest Types

Forest Forest sub-types Approximat % of total Examples
type e area (Ha) forest area
1.Western Natural forest (mixed 144,615 3.5 Kakamega and
rainforest indigenous) [Kakamega, Nandi Forests
Nandi forests]
2.Montane Natural forest (mixed 1,359,860 32.8 Mt. Kenya, Mt
forests indigenous) which Elgon, Cherangani,
include Mt. Kenya, Aberdares,
Aberdares, Mau, Mathews Range
Cherangany, Mt. Elgon, etc.
Matthews Ranges and
Chyulu Hills
Bamboo 85,693 2.1 Found within
Montane Forest Just
before the
Moorland
Coastal Naturla Forest (mixed 295,871 7.1 Arabuko Sokoke,
Forests Indigenous trees) Shimba hills Boni
[Arabuko sokoke, Forest
Dakatcha, Boni, Shimba
Hills, Kayas]
Mangroves 61,271 1.5 Vanga to Kiunga
along the sea shore
4.Dryland Natural forest (mixed 1,875,316 45.2 Mbooni, Nzaui,
forests indigenous trees) Kibwezi
[Hilltops in Eastern and
Northern Kenya and Lake
Victoria regions]
Riverine forest 135,231 3.3 Tana River, Athi
River, Ewaso Nyiro
North
5.Forest Public and private forests 220,000 4.5 State plantation
plantation forests and Planted
s forest within
farmlands
Total 4,144,573 100.0

Source: KFS, 2013; based on the forest cover mapping of 2013

using 2010 satellite imageries

Guinea-Congolian (Western) Rainforest

The Guinea-Congolian rainforest is distributed from the coastal areas of West
Africa to the Congo Basin. The Kakamega and Nandi forest reserves represent this
type of forest. The dominant species are Croton megalocarpus, Bosqueia phoberos,
Celtis durandii, Aningeria altissima, Funtumia elastica, Antiaris toxicaria, Craibia
brownii and Olea capensis.

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Afro-Montane Forest
Afro-montane forest covers Mt. Kenya, the Aberdares, Karura, Mau Forest
Complex, the Cherangani Hills, Mt Elgon, Mt Nyiro, Mt Kulal, Mathews Range, and
Mt Marsabit forest ecosystems. It varies with rainfall and altitude. These forests
form the catchments of the main rivers in Kenya. These forest types are considered
within two major sub-types: the mixed indigenous natural forest and bamboo
dominated forest. Afro-montane natural forest vegetation varies with altitude and
rainfall. The dominant tree species in this forest sub-type include; Syzygium
guineense, Macaranga capensis, Neoboutonia macrocalyx, Xymalos monospora,
Tabernaemontana stapfiana, Juniperus Procera, Podocarpus spp., Ocotea
usambarensis, Olea capensis and Vitex keniensis. On the lower parts, the dominant
species are Olea Europea, Juniperus Procera, Mytenus spp, Tecla
simplicifolia and Podocarpus falcatus. They are found in high-potential areas and
are under constant pressure of being converted to agricultural land use due to
population pressure and high demand for wood and non-wood forest products.
They are characterized by a wealth of biodiversity and are suitable habitats for
wildlife.
Bamboo Forest
Bamboo has been an integral part of indigenous forests in Kenya.
The Oldeania Alpina (Syn. Yushania Alpina), commonly known as highland
bamboo is the only indigenous bamboo species that grows naturally between
2,200m and 3,400m AMSL. Based on previous inventory and anecdotal reports,
bamboo forests once covered over 300,000 hectares.
Currently, only about a third of the bamboo forests remain. The INBAR-Tsinghua
University regional remote sensing studies conducted in 2016/17 in Kenya indicate
bamboo growing areas of 133 273 hectares. Most of the bamboo resources in
Kenya are found in central, western, and rift valley regions, especially on the
mountain ranges and the protected areas in Mt Kenya, Aberdares, Mt Elgon, Mau
Forest, the Cherangani hills, and other water catchment areas.
Coastal Forest
Terrestrial, coastal forests are found in a narrow coastal strip running inland
approximately 30 km from the coastline and stretch from southern Somalia to
northern Mozambique. Many plant species in these forests are endemic and are
confined to the remaining patches of natural forests. The coastal terrestrial forests
are home to over 90 threatened plants and animal species (Matiru, 1999). 80.3% of
the coastal forests (80.3%) face some challenges such as gazettement into national
parks, national reserves, national monuments, forest reserves, sacred sites, and
private forests. Some of the main tree species found in these forests
are Comboretum schumanii, Drypetes reticulate, Afzelia quensensis, Dialium
Orientale , Hymenaea verucosa, Manilkara sansimbarensis, Brachystegia speciformis,
Cynometra webberri, and Brachyleana huillensis, in Arabuko Sokoke, Diospyros
shimbaensis, Cephalosphaera usambarensis,Pavetta tarennoides, Synsepallum
Kassneri, Bauhinia mombasae and Phyllantus sacleuxii in Shimba Hills, Newtonia

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buchananii, Anthocleista Grandiflora, Albizia gummifera, Tabanaemontana

stafiana and Strobosia schefferi in Taita Taveta (BirdLife International 2020) and
Ficus SPP, Phoenix reclinata, Acacia robusta, Populus ilicifolia, Blighia unijugata,
Sorindeia Madagascarensis, Dryospyos mesopiliformis and Mimusop abtusifolia in
Tana River.
Mangroves forests
Mangroves forests form an interface ecosystem between the oceans and terrestrial
ecosystems. Halophytes are occupying intertidal zones in estuaries, lagoons, and
mudflats in tropical and subtropical zones. They can function in poorly
oxygenated, waterlogged, saline habitats that have seasonal flushing with fresh
water. In Kenya, the area under mangroves forests is 61,271 ha, representing 3.0%
of the national forest area and is composed of all the nine species found in the
western Indian Ocean (WIO) dominated by Rhizophora mucranata and Ceriops
tagal that occupy 70% of the formation. They are managed by Kenya Forest Service
alone or with Kenya Wildlife Service when they fall in marine protected areas.

Mangroves are important resources in our economy in that they provide

socioeconomic, ecological, environmental, cultural, scientific, and educational
values in varying degrees. Their key roles include; provision of wood, building
poles, and non-wood (fishery and local medicine) products, regulating the
environment through the protection of the shoreline, sequestration of carbon
dioxide, and filtering of nutrients and pollutants and sediments. They also support
nutrient cycling, primary production, habitat, and breeding ground for marine life.
They also provide cultural services in that they act as sacred sites, educational
grounds, research sites, eco-tourism attractions, and recreation areas.
Dryland Forests
The dry zone forests are found in Kitui, Machakos, Taita Hills, and Northern Kenya
hills, among other hilltops. They also include dense savanna acacia forests mainly
found in Laikipia, Baringo, and Samburu counties. Patches of dry forests are also
found in the Lake Victoria region. Dryland forests are composed of trees
measuring 5–15 m high with dwarf under-story. These forests occur in low-lying
sandy alluvial soils. The dry forests on the hilltops of Samburu and Marsabit are
dominated by Podocarpus, Croton, and Juniperus species. The dry savanna forests
in Samburu, Laikipia, and Baringo are mainly dominated by Acacia spp. The upland
woodlands provide habitats for species such as Combretum molle, Acacia nilotica,
A. seyal, A. tortilis, and A. Kubica.
Riverine Forest
The riverine forests are found in floodplains covered by alluvial and fertile
deposits. They take the form of narrow strips of gallery forest, creating
ecologically diverse eco-zones. In addition, they have characteristic upper canopy
trees, including Acacia elatior, Populus ilicifolia, Garcinia livingstonei, Mimusops
fruticose and Acacia nilotica.

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Planted Forest
Large-scale tree planting was started at the beginning of the 20th century by the
colonial Government to provide a sustainable supply of fuel-wood for steam
locomotives. Exotic tree species were preferred as they are fast-growing
compared with indigenous species. Commercial plantations are systematically
planted areas with both exotic and indigenous tree species. Plantations are either
under state, private, or community tenure. The total area under plantation is
approximately 220,000 ha. The main tree species are Cupressus lusitanica, Pinus
radiata, Pinus patula, Eucalyptus spp., Vitex keniensis, Polyscias
kikuyuensis, and Juniperus procera. Most plantations are found in the highland
areas between altitude 1,500 to 2,500 m and an annual rainfall of between 1,000
and 1,750 mm.
On-farm Forestry
The 1970s and 1980s were periods of intensive on-farm tree planting promoted by
various organizations. In the early 1990s, agroforestry was promoted, targeting
multipurpose trees and shrubs. Grevillea robusta was widely adopted in Central
and the eastern parts of the country and eucalyptus in western Kenya. Cypress was
also commonly planted in the sub-humid areas.
Gazetted Forests
Kenya had a total of 370 forest reserves distributed across the country as of 31st
December 2017. The distribution of forests is highlighted in Figures 10-1, and a list
of protected forests in Kenya are in Annex 2 of the report.

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Figure 10-1: Distribution of forest in Kenya

Source: GRI and Hilda

10.4 FOREST COVER PERCENTAGE IN THE COUNTIES

Forest distribution and type in Kenya are influenced by altitude, weather
conditions and topography. As a result of this the forest cover in each of the 47
counties are varied depending on the three factors above. The specific
percentages per County are tabulated below in Table 10-3.

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Table 10-3: Percentage Forest Cover per County - According to 2018 Release
NAME OF FOREST TOTAL PERCENTAGE FOREST
COUNTY AREA (Ha) AREA (Ha) COVER
BARINGO 274,157 1,091,197 25.12
BOMET 33,927 267,196 12.7
BUNGOMA 45,049 303,123 14.86
BUSIA 1,848 182,336 1.01
ELGEYO- 113,145 301,805 37.49
MARAKWET
EMBU 26,242 282,315 9.3
GARISSA 309,264 4,359,107 7.09
HOMABAY 12,334 475,925 2.59
ISIOLO 135,626 2,538,173 5.34
KAJIADO 156,260 2,189,203 7.14
KAKAMEGA 29,656 302,246 9.81
KERICHO 54,150 229,962 23.55
KIAMBU 42,118 254,473 16.55
KILIFI 96,115 1,252,382 7.67
KIRINYAGA 30,515 147,530 20.68
KISII 3,456 132,112 2.62
KISUMU 1,184 267,964 0.44
KITUI 215,340 3,043,650 7.08
KWALE 44,984 826,391 5.44
LAIKIPIA 64,794 954,386 6.79
LAMU 209,674 618,507 33.9
MACHAKOS 20,218 604,411 3.35
MAKUENI 106,746 817,225 13.06
MANDERA 78,914 2,598,251 3.04
MARSABIT 129,396 7,602,995 1.7
MERU 128,028 699,038 18.31
MIGORI 2,029 316,458 0.64
MOMBASA 1,462 28,566 5.12
MURANG'A 36,729 252,651 14.54
NAIROBI 5,506 70,806 7.78
NAKURU 69,563 748,920 9.29
NANDI 47,810 284,655 16.8
NAROK 298,828 1,794,207 16.66
NYAMIRA 6,568 90,095 7.29
NYANDARUA 60,310 327,034 18.44
NYERI 126,883 333,623 38.03
SAMBURU 269,325 2,102,371 12.81
SIAYA 1,480 354,212 0.42
TAITA TAVETA 62,113 1,711,824 3.63
TANA RIVER 243,320 3,915,365 6.21
THARAKA-NITHI 50,066 258,007 19.4
TRANS-NZOIA 40,241 249,526 16.13
TURKANA 285,982 7,035,330 4.06
UASIN GISHU 25,714 340,711 7.55

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NAME OF FOREST TOTAL PERCENTAGE FOREST

COUNTY AREA (Ha) AREA (Ha) COVER
VIHIGA 5,501 56,300 9.77
WAJIR 110,144 5,664,861 1.94
WEST POKOT 78,357 933,689 8.39
GRANDTOTAL 4,230,094 59,211,442 7.14
Source: KFS
The counties with signed Transition Implementation Plans (TIPS) are 35 in number,
still pending are 12. The counties that have developed other environmental
management initiatives for enhancing forest conservation as tabulated in Table10-
4.
Table 10-4: Other Developed Environmental Management Initiatives by Counties
No. Climate Change Management No. in Place/In No. Not in Place
Institution Dev.
1 Climate Change Act 19 28
2 Climate Change Policy 21 26
3 Climate Change Action Plan 12 35
4 Climate Change Unit Establishment 29 18
5 CIS Plan 14 33
6 DRM Action Plan 12 35
7 Any other Legislation 5 42
8 M&E units 25 22
9 Municipality Action Plans 5 42
10 Gazetted County Environment 45 2
Committee
11 Signed TIPs 32 12
12 CCCF Legislation 16 31
13 County Climate Change Planning 8 39
14 Ward Committee 6 41
15 Rural Ward Committee 5 42
16 Urban Ward Committee 0 47
17 Membership of Regional Economic 44 3
Blocks
Source: COG data

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10.5 IMPORTANCE OF FORESTS

Forests in the national context are considered very important. They provide a wide
range of goods, in wood (of timber, poles, fuelwood) and non-wood forest
products (Honey, Herbal medicine, Gum and resins, and fodder). Medicinal trees
and forest plants play an important role in rural health. They provide services
including conservation of biodiversity, regulation of ecosystem processes and
habitat for wildlife (Figure 10-2), air quality control, soil erosion control, flood
mitigation, and carbon sequestration. They also provide cultural, spiritual,
educational, and recreational services to the Kenyan communities. They support
Kenya’s economy, such as energy generation, tourism, agriculture, and the fishing
industry.

Figure 10-2: Forest as Habitat for Wildlife

Photo by sheldrick wildlife Trust

They contribute to economic, environmental, social, and cultural values. Forests

contribute 3-3.6% to the GDP, excluding environmental services and contributions
to other sectors. FAO’s State of the World’s Forest (2014) estimates that Kenya’s
forestry sector contributes USD 365 million to Kenya’s GDP annually. However,
these statistics do not include forestry’s contribution to household wood energy
(charcoal production), non-timber forest products, and ecosystem services,
directly employing over 750,000 formally and informally, and indirectly 4 million
people. Forests support more than 530,000 households who live within 5 km from
them. Forests also contribute to the 23% climate mitigation potential provided by
tropical trees as provided by the Paris agreement of 2015. They act as a source of
livelihood for adjacent forest communities and regulate the Environment.

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Forests contribute to the achievement of 7 of the 17 sustainable development

goals. These goals include SDG 1 on no poverty, SDG 6 on clean water and
sanitation, SDG 7 on affordable and clean energy, SDG 8 on decent work and
economic growth, SDG 13 on climate action, SDG 15 on life on land, and SDG 17 on
Partnerships.

10.5.1 Wood-Energy
An estimated 80% of the national energy supply is met from fuelwood.
The current wood deficit is projected to increase from 10 million m3 to at least 15
million m3 per year by 2030. The private sector, including tree farmers,
communities, and medium- and large-scale investors, provide 90% of the wood
supply (NFP, 2016-2030) in Kenya.

A nationwide study on charcoal estimated that annual production was 1.6 million
tons in 2005. In eight years, production rose to 2.5 million tons, increasing 156% or
almost 20% growth per annum. The economic value of charcoal production over
the same period grew from KSh 32 billion to KShs 135 billion, representing a 422%
growth. Forests (Charcoal) Rules were developed and have been operational since
2009 for efficient and effective management of charcoal production.

In the Jua Kali sector, support to furniture production earns Ksh 23 billion, and in
informal furniture production, the earning is Ksh. 15 Billion annually (Creapo Oy,
2014). Non-Wood Forest Products (NWFPs) annual earnings in Kenya is 3.2 billion
shillings, a figure that excludes national statistics on grazing and hunting of game
meat that account for nearly 60% of NWFPs approximated at KSh 510 million. Other
NWFPs include fiber (KSh 149 million), honey at KSh 139 million, and others at KSh
70 million (FAO, 2015). Kenya has the potential to expand its commercial forestry
sector, not only to address its wood supply deficit but also to contribute
significantly to the realization of Kenya’s Green Growth Objectives by 2030. It can
be achieved by:
i. Doubling the contribution of the sector to the GDP.
ii. Doubling the number of jobs in the sector to over 2 million people.
iii. Tripling the rural income from the sector.
iv. Increasing by 50% the direct tax revenue from the sector.
v. Reducing by 50% Kenya’s national carbon emissions.
The private sector should deliver this expansion on private land due to the limited
geographical area of the existing gazetted plantation forests.

10.6 FOREST DEGRADATION

Natural gazetted forests constitute the bulk of our forests, with a total area of 2.29
million hectares which is 95.5% of the total gazetted forest. The integrity of natural
forests has been compromised, and as a result, some of them are degraded. Forest
degradation the world over is influenced by accessibility, road density,
topography, and the biophysical characteristics of the forest. Forest degradation

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emanates from major demand centers and expands into forested areas targeting
resources in sequence, starting with the highest value products.

Human activities are the main drivers of degradation, including agriculture,

mining, infrastructure, urban expansion, timber extraction, fuelwood collection,
charcoal production, and overgrazing. In addition, there are indirect drivers of
forest degradation, including social, economic, political, cultural, and
technological processes, international markets and prices, national drivers like
population growth, domestic markets, national policies, and governance issues. In
addition, local circumstances, which include subsistence and poverty levels,
influence forest degradation.

10.6.1: Drivers of Forest Degradation and Governance

Forest governance issues of forest degradation revolve around the inadequate
application of basic silvicultural and ecological principles for forest management
and inadequate integration of the forest sector with other stakeholders. These
result in unclear forest responsibilities and weak conflict management capacity,
resulting in the tragedy of commons resulting in conflicts over natural resources.
This scenario is manifested into weak forest governance and institutions,
corruption, illegal logging, weak enforcement, inadequate benefit sharing from
forest resources, diverse perceptions of the importance of forests, communal land
tenure systems, and their application and lack of private ownership, unclear tenure
and access to forest resources.

Policy Drivers
There is overgrazing and inadequate regulation of grazing in forest reserves and
community lands. More focus has been put on the water tower and less attention
put on dry-land woodlands, including the coastal and riparian forests resulting in
continued degradation in less attention forest ecosystems.

Economic Drivers
The clearing of forest for agriculture and forest degradation due to charcoal and
fuelwood from unsustainable production, infrastructure and urbanization,
conversion of communal forest to agriculture, mining within forest areas, and
illegal logging. The following issues indirectly influence forest deforestation
economically:
 Poverty, high prices for agricultural products, subsidized fertilizer, tax
exemption for certain agricultural machinery resulting in unhealthy
competition for land.
 Fixed timber prices at low levels.
 A rapidly increasing population has heightened the demand for land.
 Few or no livelihood options have created overdependence on agriculture
and mounting pressure on forest lands.

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Technology drivers
Technological issues that directly drive forest deforestation and forest degradation
include poor uptake of new technologies and poor awareness of deforestation
impacts. Further, poor knowledge of tree planting methods and indirect issues
such as uncertainty of availability of timber and wood for processing enterprises
and low investment in wood processing poses a challenge.

Cultural and environmental drivers

Direct cultural and environmental drivers include unsustainable utilization,
including overgrazing, conflict at multiple levels, deliberate and accidental fires,
and poorly managed, which destroy forests. The indirect issues include wildlife
damage impacting regeneration. Traditional farming methods in the context of
increased population and overstocking of animals in community lands have
threatened the forest ecosystem. At the same time, the purported indigenous
people concept that supports some communities to have a stake in the ownership
of gazetted forests in Kenya has increased the threats to the forest. These
communities have changed their way of life from hunters and gatherers to farming,
grazing, and timber logging, which is not compatible with forest conservation.

Illegal logging of indigenous forests has led to over-exploitation due to the

selective logging of important timber trees. It has greatly reduced the canopy
cover, modified the forest composition, and undermined the regenerative capacity
of the forests. Cedar (Juniperus procera) appears to be the single most targeted
tree species, mostly for making fencing posts but also for construction.

10.7 LAND USE CHANGE

Figure 10-3 shows the land cover classifications. For the period 1990-2015, Kenya
lost 311,000 Ha of forestland, primarily due to conversion to settlements, crop
farming, and infrastructure developments. The increasing and largely rural
population and high dependency on rain-fed agriculture also explain the
expansion of the croplands at the expense of the forestland.

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Figure 10-3: Land Cover Classifications

Source: Kenya Forest Service

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10.8 INTERVENTIONS FOR INCREASING FOREST COVER

The current forest cover is 7.4 %, and the country is striving to increase it to 10%
as per the Constitutional requirement and the targets of Kenya’s economic
blueprint Vision 2030. Several interventions are employed to ensure the
achievement of the above target. These include intensified tree seedling
production and tree planting, gazettement of new public forests, forest fire
management, tree planting in private land, and community involvement in forest
management. Recovering of illegally settled forest land, especially in the Mau
Forest Complex, and erecting permanent beacons along the forest boundary.

Other measures include the institution of a total ban on tree logging in 2018 by the
Ministry of Environment and Forestry to allow studies to be carried out and
recommendations to enhance sustainable forest resource management in the
country. A multi-stakeholder task force was appointed to carry out the studies and
isolate forest management issues. The task force report recommended the
appointment of a Multiagency team to carry out surveys on existing plantations to
determine standing overgrown plantation stock and critical issues that affect forest
management. It further recommended the way forward on forest logging and
developing a strategy to address the critical issues that entail financial
requirement and funding mechanism.

The interventions resulted in the gazettement of 65,565.94 Hectares of new natural

forests. Under Participatory Forest Management development/review of 152,
Participatory Forest Management (PFMPs) and 11 Ecosystem Plans were
accomplished. 102 forest management agreements (FMA) were done since the
enactment of the forest Act, 2005 and the Forest Conservation and Management
Act, 2016. The process has enhanced stakeholder participation in forest
management. These PFMPs and FMAs are valid for five years and are reviewed
regularly to capture emerging forest management issues. Seventy-six of the PFMPs
and 65 FMAs have expired and therefore need review. Annual management of 500
Hectares of invasive species, rehabilitation of 9,595.45 hectares of degraded
natural forest through enrichment planting, forest fire suppression strategy,
promotion of ecotourism, and other non-extractive uses of forest are ongoing.
Therefore, an overall improved forest cover by 0.2% from 7.2% to 7.4 % in the
2018- 2019 period. Table 10-5 shows the trend of forest destruction by fire 2013-
2018.
Table 10-5: Trend of Forest Destruction by Fire (2013-2018 in HA)
Year 2013/2014 2014/2015 2015/2016 2016/2017 2017/2018 2018/2019
Plantation 58.4 87 0 597 20 227.72
Indigenous 7.25 27.38 0 136.2 2 125.82
Forest
Bush 63.5 39.52 0 7330.85 1 90,663
Land/Grass
Total 129.15 153.9 0 8064.05 23 91,016.54
Source: Kenya Forest Service

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10.9 FOREST MANAGEMENT ISSUES OF ENVIRONMENTAL CONCERNS

The following issues in forest management raise environmental concerns;
deforestation due to unsustainable harvesting of forest products that come from the
unclear annual cuts. It is aggravated by the lack of information on annual yields
that can inform timber imports versus local timber supply decisions. The ever-
increasing wood fuel deficit, overgrazing, charcoal burning, and lack of alternative
livelihood for communities surrounding forest resources is also another concern.
The forest encroachment due to illegal settlement and occupation of some forests
by indigenous people and the enhanced forest fires due to annual variation of
weather conditions is also another issue. In addition, soil erosion, landslides,
Siltation of water bodies, floods, the extension of cultivation into river reserves,
and invasion by invasive species have increased the problems further. The double
gazettement of Mt Kenya and Mwalunganje Forest Reserves resulted in inter-
institutional conflict. Expired Participatory Forest Management Plans and Forest
Management Agreements. Although KFS has had good mileage in community
involvement in forest management, there is no clear benefit-sharing Mechanism in
place.

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CHAPTER 11. HERITAGE SITES

11.1 INTRODUCTION
Over the years, Kenya has successively nominated seven (7) sites for inscription to
the UNESCO World Heritage List. In the list nominated, three are natural sites,
including, i.e., Kenya Lake System in the Great Rift Valley (2011), Lake Turkana
National Parks (1997,2001), and Mount Kenya National Park/Natural Forest
(1997,2013). The other four are cultural sites comprising of Fort Jesus, Mombasa
(2011), Lamu Old Town (2001), Sacred Mijikenda Kaya Forests (2008), Thimlich
Ohinga Archaeological Site (2018). Several heritage sites are recognized spread
across the country and managed by the National Museums of Kenya under the
National Museums and Heritage Act, 2006.
In Annex 1, a comprehensive list of Heritage sites in Kenya has been provided in
the report. In addition, there are six-man and biosphere reserves in Kenya, as
shown in Table 11-1.
Table 11-1: Man, and Biosphere Reserves in Kenya
Name Report Area Status year
(Km )2

Mount Kulal 7000 1978

Mount Kenya 717.59 1978
Malindi Watamu 196. 1979
Kiunga 600 1979
Amboseli National Park 4832.06 1991
Mount Elgon Not reported 2005
The Figures 11-1, 11-2, and 11-3 illustrates areas of man and biosphere reserves in
Kenya.

Figure 11-1: Amboseli Man and Biosphere Reserve

Source: KWS

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Figure 11-2: Malindi-Watamu – Arabuko Sokoke Forest Man and Biosphere Reserve

Source:KWS

Figure 11-3: Mt. Kenya National Park –Lewa Conservancy Man and Biosphere Reserve

Source: KWS
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11.2 THE KENYA LAKE SYSTEM IN THE GREAT RIFT VALLEY

11.2.1 Kenya Lake System Biodiversity Value
Lakes Bogoria, Nakuru, and Elementaita world heritage site has a combined size of
32,043 hectares (Table 4-11). The lakes support 75% of the global population of the
lesser flamingo. They also support one of the major breeding colonies of the great
white pelicans and are vital wintering grounds for over 100 species of migratory
birds. The lakes are part of the Palearctic African migratory flyway system and
have been recognized as wetlands of regional and international importance.
Table 11-2: Area of the Kenya Lakes System as inscribed on the World Heritage List
Name Area of inscribed property (ha)
Lake Elementaita 2,534
Lake Nakuru 18,800
Lake Bogoria 10,700
Total area 32,034

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CHAPTER 12. TOURISM AND ENVIRONMENT

12.1 INTRODUCTION
Tourism is a key sector for supporting Kenya's Gross Domestic Product. The sector
reported major performance in the previous years up to 2019. The sector
registered improved performance mainly attributed to growth in aviation, investor
confidence, and withdrawal of travel advisories. The performance was also
boosted foreign dignitaries' visits and revitalized marketing efforts. Tourism
earnings increased by 31.3 percent to Kshs.157.4 billion in 2018. The number of
international arrivals increased by 14.0 percent to 2,027.7 thousand in 2018. Hotel
Bed-night occupancy increased by 20.1 percent to 8,617.9 thousand in 2018, of
which 52.1 percent were occupied by residents, indicating the growing
importance of domestic tourism. In 2018, Kenya travel and tourism exceeded
global and regional levels (WTTC, 2018).

The international conferences expanded by 6.8 percent in 2018, while the local
conferences increased by 7.9 percent in the same year. It is partly attributed to
high-profile international conferences and meetings held. The number of visitors
to national parks and game reserves rose by 20.3 percent to 2,868.9 thousand,
while that of visitors to museums, snake parks, and historical sites grew by 32.3
percent to 1,034.3 thousand in 2018.

The robust performance of tourism in 2018 indicated that the sector is poised to
achieve the set targets by 2020 as contained in the Third Medium Term Plan (MTP
III) 2018-2022. The targets included the number of international arrivals rising to
2.1 million; tourism earnings at Kshs.145.0 billion and; hotel bed-nights occupancy
by Kenyans at 5.5 million. The number of international visitor arrivals increased by
14.0 percent to 2,027.7 thousand in 2018, against a target of 2,100 thousand by
2020. Consequently, tourism earnings increased by 31.3 percent from Kshs.119.9
billion in 2017 to Ksh 157.4 billion in 2018. Figure 12-1 presents details on trends in
international arrivals and tourism earnings. Figure 12-2 shows the number of
visitors to national parks and game reserves -from 2014 to 2019, while Table 12-1
present bed night occupied in game lodges 2016-2018 in '000.

Despite the impressive tourism performance previously, starting 2020, the Covid
19 entry in Kenya saw the sector performance decline drastically with very limited
international arrival. Hotels witnessed low bed occupancy, almost bringing the
sector to a halt. Nevertheless, following the discovery of vaccines, the situation is
likely to change bring back the sector vibrancy.

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Figure 12-1: Trends in International Visitor Arrivals and Tourism Earnings

source: KTB

Table 12-1: Bed Night Occupied in Game Lodges 2016-2018 in '000

Bed-Nights Occupancy
None EAC EAC Residents Total
2016 2017 2018* 2016 2017 2018 2016 2017 2018*
*
Game 176.5 170.4 186.0 187.7 164.2 141.1 364.2 334.6 327.1
Reserves 274.6 381.0 508.1 116.6 119.8 122.4 391.2 500.8 630.5
National Parks
TOTAL 451.1 551.4 694.1 304.4 284.0 263. 755.4 835.4 957.6
5
Of which full 382.3 493.2 635.6 217.2 176.4 157.1 599.5 669.7 792.7
Catering
Self Service 68.7 58.2 58.4 87.2 107.6 106.4 155.9 165.8 164.9

Figure 12-2: Visitors to National Parks and Game Reserves, 2016-20181

1 Note: Resident foreigner refers to foreigner expecting and/or have stayed in Kenya for more than 12 months

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12.2 ENVIRONMENTAL CHALLENGES ASSOCIATED WITH TOURISM

Negative impacts from tourism occur when the level of visitor use is greater than
the environment's ability to cope with this use within the acceptable limits of
change. Uncontrolled conventional tourism poses potential threats to many natural
areas around the world. It can put enormous pressure on an area and lead to
impacts such as soil erosion, increased pollution from increased waste, discharges
into the sea, natural habitat loss, increased pressure on endangered species, and
heightened vulnerability to forest fires. It often puts a strain on water resources,
forcing local populations to compete for the use of critical resources.

For instance, if not well planned and governed, tourism growth may result in
overexploitation of water resources by hotels and other tourism facilities. It can
result in water shortages and degradation of water supplies and generate a greater
volume of wastewater.

If the water comes from wells, over-pumping can cause saline intrusion into
groundwater. Tourism can also create significant pressure on local resources like
energy, food, and other raw materials that may already be in short supply. Greater
extraction and transport of these resources exacerbate the physical impacts
associated with their exploitation.

Important land resources include minerals, fossil fuels, fertile soil, forests, wetland,
and wildlife. Increased construction of tourism and recreational facilities has
increased the pressure on these resources and scenic landscapes. Direct impact
on natural resources, both renewable and non-renewable, in the provision of
tourist facilities can be caused by land for accommodation and other infrastructure
provision and the use of building materials. Forests, for instance, often suffer
negative impacts of tourism in the form of deforestation caused by fuelwood
collection and land clearing. If not well governed, tourism may also be a source
of air emissions, noise, solid waste and littering, releases of sewage, oil and
chemicals, even architectural/visual pollution. For instance, during periods of
good performance, transport in tourism increased transport by air, road, and rail
due to the rising numbers of visitors. The consequence of the increase in
transportation by air comes with increase Greenhouse gas emissions. It is
estimated that a single transatlantic return flight emits almost half the CO2
emissions produced by all other sources (lighting, heating, car use, etc.)
consumed by an average person yearly. Transport emissions and emissions from
energy production and use are linked to acid rain, global warming, and
photochemical pollution.

Noise pollution from airplanes, cars, buses, and recreational vehicles such as
snowmobiles causes distress to wildlife, especially in sensitive areas.
Often tourism fails to integrate its structures with the natural features and
indigenous architecture of the destination. Large, dominating resorts of disparate
design can look out of place in any natural environment and may clash with the
indigenous structural design.

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A lack of land-use planning and building regulations in many destinations has

facilitated sprawling developments along coastlines, valleys, and scenic routes.
The sprawl includes tourism facilities themselves and supporting infrastructures
such as roads, employee housing, parking, service areas, and waste disposal.
Attractive landscape sites, such as sandy beaches, lakes, riversides, and mountain
tops and slopes, are often transitional zones characterized by species-rich
ecosystems. Typical physical impacts include the degradation of such ecosystems.
Table 12-2 highlights the impacts of tourism on vegetation and soil. Anchoring and
other marine activities in marine areas (around coastal waters, reefs, beach and
shoreline, offshore waters, uplands, and lagoons), many tourist activities occur in
or around fragile ecosystems. Anchoring, snorkeling, sport fishing, and scuba
diving, yachting, and cruising are activities that can cause direct degradation of
marine ecosystems such as coral reefs and subsequent impacts on coastal
protection fisheries.
Table 12-2: Impacts of Tourism on Vegetation and Soil
Trampling impacts on vegetation Trampling impacts on soil
Breakage and bruising of stems Loss of organic matter
Reduced plant vigor Reduction in soil macro porosity
Reduced regeneration Decrease in air and water permeability
Loss of ground cover Increase in run off
Change in species composition Accelerated erosion
Source: University of Idaho

Solid Waste situation: Table 12-3 shows trends in the solid waste situation in
Nairobi, Mombasa, and Kisumu. The tonnage of solid waste generated within
Nairobi City County increased to 2.9 million tonnes in 2019 up from 2.7 million
tonnes in 2018 with only 55.3 percent being collected by the county government.
In Mombasa County, 320.8 thousand tonnes were generated and only 147.8
thousand tonnes were collected by the county government. The tonnage of waste
generated within Kisumu County in 2019 was 210.9 thousand tonnes out of which
only 63.3 thousand tonnes were collected by the county government. The
proportion of solid waste not collected demonstrate governance challenges in
solid waste management that require to be strengthened.
Table 12-3: Trend in solid waste situation in three Kenyan cities in '000 tonnes
Urban Year
Centre 2017 2018 2019
Nairobi Generated 2,601.0 2,725.0 2,977.0
Collected 1,259.9 1,233.7 1,646.1

Mombasa Generated 311.3 293.8 320.8

Collected 143.1 135.1 147.8

Kisumu Generated 201.7 206.3 210.9

Collected 60.5 61.9 63.3

Source: KNBS 2020

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CHAPTER 13. ENVIRONMENT AND NATURAL RESOURCES

GOVERNANCE SYSTEMS
13.1 INTRODUCTION
Natural Resource Governance refers to "the norms, institutions, and processes that
determine how power and responsibilities over natural resources are exercised.
Further, it is how decisions are taken and how citizens – men, women, indigenous
people, and local communities – participate in and benefit from the management of
natural resources" (IUCN website). While environmental governance refers to the
institutions, policies, rules, legal frameworks, and practices that mediate how
Governments, the private sector, and civil society interact with the environment at
local, national, and international levels. The conservation and management of the
environment is mainly dependent on governance.

13.2 HISTORY OF NATURAL RESOURCES MANAGEMENT IN KENYA

The Kenyan economy relies heavily on natural resources to support people's
livelihoods and contribute to national income. However, Kenya's huge potential for
economic growth is threatened by environmental degradation and unsustainable
use. This largely due to governance deficiencies.

Previously particularly in colonial and some periods of the post-colonial era,

natural resource management (NRM) in the country was mainly a state affair and
only limited involvement of the local communities and the public in general. Any
efforts towards facilitating community participation or inclusion in such
management had been peripheral. The state acted as the custodian of natural
resources, with the public being expected to receive only accruing benefits, if any,
without participation in crucial decision-making. Inequitable benefit-sharing,
exclusion of the poor and the marginalized in the decision-making system, and
indiscriminate environmental degradation are features that characterize the
natural resources management system. In the colonial period, the colonial masters
had mastered the art of grabbing the natives' lands and appropriating all the land-
related resources such as water, wildlife, forests, and mineral resources for their
benefit.

In the 1980s, Kenya Government allocated its resources for rural development on a
decentralized basis to be more responsive to the 'needs and aspirations of
Citizens. Therefore, over the years, there has been a paradigm shift in
conservation and natural resource management from the central Government to
Community-Based Natural Resource Management (CBNRM) approaches. CBNRM is
an approach to resource management practice involving local communities in
decision-making. Participation by local communities, one fundamental principle of
CBNRM, is well-aligned with the anthropocentric participatory discourse that
emerged in the 1970s and 1980s. CBNRM rests on the assumption that local
communities living close to natural resources are their best managers (Child 2004;
Leach et al. 1999) and share a collective interest in conserving resources upon

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which their livelihood depends (Thakadu, 2005; Tsing et al. 1999). CBNRM led to a
'win-win' situation of greater sustainability of the natural resource and reduction of
poverty or improvement of livelihoods.

13.3 INTERNATIONAL LEGAL FRAMEWORKS

13.3.1 Multilateral Environment Agreements (MEAs)/Treaties
Kenya is a signatory to many international and regional treaties and conventions
relevant to the conservation and governance of globally threatened and endemic
species and fragile ecosystems. These include the Convention on Biological
Diversity (CBD), the Global Forest Principles (GFP), Convention on International
Trade in Endangered Species of Wild Flora and Fauna (CITES), Ramsar
Convention, Bonne Convention, the United Nations Framework Convention for
Climate Change (UNFCCC) and the United Nations Convention to Combat
Desertification (UNCCD). CITES controls trade in listed species. One of the CITES-
listed species found in Mount Kenya is the African elephant. The Convention on
Biological Diversity (CBD) stipulates that states' responsibility is to conserve their
biological diversity and sustainably use their biological resources. CBD
emphasizes in-situ conservation of biological diversity. Kenya is also a signatory to
the United Nations Framework Convention for Climate Change (UNFCCC), aiming
to reduce greenhouse gas emissions. Restoration of degraded natural resources
will be held to address climate change issues, therefore, furthering the ideals of
UNFCCC and UNCCD.

Ramsar Convention is an interGovernmental treaty that provides the framework for

the conservation and wise use of wetlands and their resources. The contracting
parties commit to work towards the wise use of the wetlands, designate suitable
wetlands of international importance and ensure their effective management. In
addition, they are also mandated to co-operate internationally on transboundary
wetlands, shared wetland systems, and shared species. Although there are no
large wetlands within Mount Kenya Ecosystem, there are several small sites,
including swamps and lakes, where Ramsar convention ideas can apply. In
addition, Mount Kenya serves as one of the Key water sources of the Tana River
that sustain the Tana Delta, one of Kenya's Ramsar sites.

At the regional level, legal instruments and initiatives include the African
Convention on the Conservation of Nature and Natural Resources, the New
Partnership for Africa's Development (NEPAD), the African Ministerial Conference
on the Environment (AMCEN), and the Protocol on Protected Areas and Wild Fauna
and Flora in Eastern Africa and the Convention for the Establishment of the Lake
Victoria Fisheries Organization 1996. Another important regional development was
Kenya becoming a signatory, together with Uganda, Tanzania, Ethiopia, and
Rwanda, to the Nile River Basin Cooperative Framework. Besides providing for
more equitable use of the waters of the Nile, the parties committed to collectively
work towards conserving the Nile riparian lands and, implicitly, the vast

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biodiversity wealth of the Nile basin. Lusaka Agreement on Cooperative

Enforcement Operations Directed at Illegal Trade in Wild Fauna and Flora.

13.3.2 Convention on Migratory Species (CMS) Family Agreements

The Convention on Migratory Species Agreements which Kenya is party to
includes; African Eurasian Migratory Waterbirds Agreement (AEWA), Indian
Ocean and South-East Asia MoU on Marine Turtle Conservation and their Habitats
(IOSEA) - [MoS8 Vietnam, Oct 2019] Memorandum of Understanding (MoU) on
conservation of Migratory Sharks, Memorandum of Understanding (MoU) on
Conservation of Dugongs.

13.4 NATIONAL LEGAL AND POLICY FRAMEWORKS

In Kenya, natural resources are managed under different statutes. The forests are
gazetted and management by Kenya Forest Service guided by the Forest
Conservation and Management Act, 2016 unless found on private land. Land on the
other hand, is owned as either private or trust land or state land. The Government
empowered through the Water Act, 2016 to act as the custodian of the water
resources in the country. As a result, all ownership and control of water is vested in
Government involving both County and national Governments, subject to any user
rights that may be granted or vested under common law.

13.4.1 Constitution of Kenya 2010

The Kenyan Constitution 2010 acknowledges and highlights the importance of the
environment and natural resources. Chapter five of the Constitution deals with
land, the environment, and natural resources. The land is categorized into public,
community, and private land. Article 69(1) emphasizes the development and
management of the forest sector through a) sustainable exploitation, utilization,
management, and conservation of the environment and natural resources, and
ensure the equitable sharing of the accruing benefits; b) achieving and
maintaining at least 10% tree cover of the land area; c) protecting and enhancing
intellectual property and indigenous knowledge of biodiversity and genetic
resources; d) public participation in the management, protection, and
conservation of the environment; e) protecting genetic resources and biological
diversity; f) establishing systems of environmental impact assessment, audit, and
monitoring; g) eliminating processes and activities that are likely to endanger the
environment; and, h) using the environment and natural resources for the benefit
of the people of Kenya.

The Constitution also includes environmental rights in the bill of rights. It states
that "every person has the right to a clean and healthy environment, including
having the environment protected for the benefit of present and future generations
(Article 42)" and Article 43 ensures every person has clean and safe water in
adequate quantities. These provisions have a bearing on water allocation and
governance. The Constitution further provides concessions to natural resources,

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including forest concessions in Article 71(1), subject to ratification by parliament.

Article 174 provides for the objects of devolving national Government functions,
while schedule 4 provides for the devolution of forestry functions. The functions for
the County Governments on forestry are:
 Shall implement national policies on forest management and conservation.
 Shall manage all forests on public land defined under Article 62(2) of the
 Constitution.
 Shall prepare an annual report, with the approval of the County Assembly,
for the service on the activities of the County Government in relation to this
Forest Conservation and Management, Act 2016 and any national policies on
forest management and conservation.
 Shall promote afforestation activities in the County.
 Shall advise and assist communities and individuals in the management of
community forests or private forests.
 May enter into joint management agreements with communities or
individuals for the management of community forests or private forests.

Participation by local communities in the governance affairs of a country has been

hailed as an indication of good and democratic governance. It has also been seen
as the promotion of the rights of citizens. One of the most outstanding features of
the current Constitution of Kenya, 2010, is the principle of public participation in
the governance affairs of the country. The Constitution calls for respect of the
environment, being the people's heritage. It also lays out the obligations of the
state in respect of the environment. Amongst these is the obligation to encourage
public participation in the management, protection, and conservation of the
environment. Further, it places a duty on every person to corporate with state
organs and other persons to protect and conserve the environment and ensure
ecologically sustainable development and use of natural resources. It brings about
a paradigm shift in that participation in natural resources is a right and a duty of
every citizen (Kariuki, 2018).

13.4.2 Vision 2030

It is the long-term development blueprint for the country. Vision 2030 aims to
transform Kenya into "a newly industrializing, middle-income country providing a
high quality of life to all its citizens in a clean and secure environment." Vision 2030
recognized the need to promote eco-tourism in forest areas and recognized the
challenge of sustainable management of natural resources. For example, in Mt.
Kenya and other key water towers, including the Aberdares Range, Mau
Escarpment, Cherangani Hills, and Mt. Elgon, severe destruction affects the
hydrological cycles in water shortages across the country.

13.4.3 Big Four Agenda (2018-2022)

The Kenyan Big 4 Agenda (2018) establishes Kenya Government's priorities from
2018 to 2022. These include ensuring food security, affordable housing, increased

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manufacturing, and affordable Universal healthcare. Restoration initiatives of

degraded natural resources will contribute to the achievement of this agenda. For
example, forest restoration will secure water necessary for industrial, domestic,
and irrigation needs. In addition, a reliable water supply will help stabilize the
power supply from hydroelectric power stations along the Tana River, thus
providing a stable power supply for industries. The provision of clean water will
contribute to the Government's agenda on health and food security too.

13.4.4 County Government Act, 2012 (revised 2013)

The County Government Act, 2012 gives Counties powers, functions, and
responsibilities to deliver services. Section 5 of the Act states that "A County
Government shall be responsible for any function assigned to it under the constitution
or by an act of parliament". The County Governments Act, 2012, contains elaborate
provisions on public participation, public communication and access to
information, and civic education, all of which have an implication on natural
resources management at the County level. The Act provides the principles upon
which citizen participation in counties should be based. These include timely
access to information, data, documents, and other information relevant or related
to policy formulation and implementation. It is in appreciation that the meaningful
public participation of the citizens requires access to the relevant information that
is also useful in decision making by the citizenry concerning the management of
natural resources in their counties. Further, the Act calls for reasonable access to
the process of formulating and implementing policies, laws, and regulations,
including the approval of development proposals, projects, and budgets, the
granting of permits, and the establishment of specific performance standards. It is
an important procedural aspect of natural resources management that enables the
public to appreciate the whole process and to be able to voice their concerns and
proposals regarding the whole process.

In the face of devolution, the effect of this is that the policies, laws, and regulations
that are put in place and any development projects that are undertaken concerning
exploitation of natural resources are more likely to be responsive to the real needs
of the people. It is likely to be more effective at the County level facilitating
effective natural resources management to improve people's livelihoods. It is also
important to note that the affected communities may miss out on actual benefits
accruing from localized natural resources management without the relevant
information. Meaning the whole process may be hijacked by other interested
parties, thus defeating the essence of devolution.

The Act requires that to enhance the participation of marginalized groups and
communities, they should also have access to relevant information. It is important
in actualizing Article 56 of the Constitution, which obligates the state to put in place
affirmative action programs designed to ensure that minorities and marginalized
groups inter alia, participate and are represented in governance and other
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spheres of life. Although the national Government has the role of protecting the
environment and natural resources, County Governments have a role in pollution
control and implementation of specific national Government policies on natural
resources and environmental conservation, including soil and water conservation
and forestry.

Climate change is not listed in the Fourth Schedule of the Constitution as a function
of either level of Government. The implication is that by default, Article 186(3) of
the Constitution applies so that climate change can be interpreted as a function of
the national Government. Cooperation between the national Government and
County Governments in the design and overall implementation of climate change
response strategies is imperative, as the counties are the likely implementers.

13.4.5 The Environmental Management and Co-ordination Act, 1999

The Environmental Management Co-ordination Act aims to provide a framework
for integrating environmental considerations into the country's overall economic
and social development. The Act aims at harmonizing the various sector-specific
legislation touching on the environment in a manner designed to ensure greater
protection of the environment, both physical and social, in line with the goals
enunciated in Agenda 21 of the Earth Summit held at Rio de Janeiro in 1992.

The Act entitles people in Kenya to a clean and healthy environment and confers
on them the duty to safeguard and enhance the environment. Provisions of the Act
grant loci standi to the public in environmental matters. Locus standi is the capacity
to bring legal action against a person or other entity if their activities are causing
or are likely to cause the environment's degradation. According to the Act, an
individual is granted loci standi whether they have directly suffered personal loss
or injury from the actions or omissions of an entity alleged to be promoting
environmental degradation.

The implementation of the Act is guided by the principle of public participation in

the development of policies, plans, and processes for the management of the
environment. The Act also recognizes the cultural and social principles
traditionally applied by communities in Kenya for the management of natural
resources.

The EMCA, 1999 acknowledges the need to involve local communities in the
management of natural resources by recognizing their traditional and cultural
interests and through their representation in the County Environmental
Committees. The committees have an obligation under the Act on managing the
environmental affairs at the County level by developing County environment
strategic action plan every five years and any additional functions prescribed
under the Act or as assigned by the governor by notice in thgazettete. These
committees will have representatives of farmers, pastoralists, businesspeople,
NGOs, women, and youth drawn from the local communities and will be
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responsible for the proper management of the environment within their respective
counties.

EMCA, 1999 prominently promotes the maximum participation of people in the

development of policies, plans, and processes for the management of the
environment. Two other principles further complement this principle: the principle
of environmental awareness and education and the principle of access to
information.

13.4.6 National Environment Policy, 2014

The National Environment Policy was also developed following Vision 2030 and the
Constitution of Kenya 2010. The policy supports the management of ecosystems
and sustainable use of natural resources, encompassing; forest ecosystems,
freshwater and wetland ecosystems, coastal and marine ecosystems, mountain
ecosystems, arid and semi-arid lands ecosystems, land, soils, minerals,
biodiversity, wildlife resources, livestock, and fisheries.

13.4.7 Forest Conservation and Management Act, 2016

The Forest Conservation and Management Act, 2016 makes provision for the
conservation and management of the public, community, and private forests and
areas of forest land that require special protection, define the rights in forests, and
prescribes rules for forest land use.

The then Forests Act of 2005, which is now the Forest Conservation and
Management Act, 2016, led to the implementation of participatory forest
management (PFM) in Kenya. Mogoi et al. (2012) indicate that local community
forest "associations are responsible for diverse management activities in forest
protection, monitoring, and management, yet access to decision-making, revenue
streams, and overall resource control rights are vested in the Kenya Forest
Service" (KFS). To undertake their responsibilities, communities have formed
Government-required and approved community forestry associations that have
imposed membership requirements and procedures.

KFS also requires that forest management plans be developed to their

specifications beyond the communities' capacity. Community Forestry
Associations (CFAs) are essentially constrained to hire outsiders (often retired
Government foresters) to create the plans and often cannot do so without support
from NGOs and donor programs. Increased rights, access, or benefits do not
compensate community costs. In terms of rights, only the pre-existing use rights
have been more formally recognized. This situation appears to be an example of
extractive state institutions Mogoi et al. (2012) recommends that costly burdens
and responsibilities must be matched with shared revenue streams if communities
are to remain interested in PFM

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Forest Conservation and Management Act, 2016 recognized local communities

through Community Forest Associations (CFAs) in participation in management
and conservation of forests have specific statutory functions that;
 Provides an opportunity for communities to participate as CFA, which
integrate local communities living adjacent to forests in the management of
forests
 Provides user rights for local communities through management
agreements entered between the KFS and CFAs. It includes provisions for
the enjoyment of customary rights.
 Provides for Local communities engaging governance through their
respective forest conservation associations by nominating 4 individuals to
the forest conservation committee.
 Develops Forest Conservation and Management Trust Fund whose role
includes nurture, promote and support innovations and best practices in
forest conservation and development, including the support of Community
forestry programs.

13.4.8 Draft Forest Policy 2015

Introduces several initiatives to improve and develop the forest resource base
through the integration of good governance, transparency, accountability, equity,
and poverty reduction in the forestry sector. Kenya's draft Forest Policy 2015 aims
to improve livelihoods through sustainable use, conservation, and management of
forests and promotes communities and other stakeholders in forest management. It
also aims to conserve water catchment areas, create employment, reduce poverty
and ensure the sustainability of the forest sector. Through specific policy
statements, the policy provides for the empowerment of local communities to
manage forests through Community Forest Associations. The promotion of
participatory forest management approaches in the management of indigenous
forests supports community forest associations to rehabilitate degraded and over-
exploited forests - support to communities to develop and implement forest
management plans and manage community forests.

The Draft Forest Policy 2015, provides a revised policy framework for forest
conservation and sustainable management and one of its main features is the
enactment of a revised forests law to implement the policy; the mainstreaming of
forest conservation and management into national land use systems; clear division
of responsibilities between public sector institutions and regulatory functions of
the sector, thereby allowing Kenya Forest Service to focus on the management of
forests on public land, and the role of the County Governments in implementing
national policies, County forest programmes including the delivery of forest
extension services to communities, farmers and private land owners, and
management of forests other than those under Kenya Forest Service; the devolution
of community forest conservation and management, implementation of national
forest policies and strategies, deepening of community participation in forest

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management by the strengthening of community forestry associations, and the

introduction of benefit-sharing arrangements; the adoption of an ecosystem
approach for the management of forests, and recognition of customary rights and
user rights to support sustainable forest management and conservation; and the
establishment of national programmes to support community forest management
and afforestation/reforestation on community and private land.

The draft Forest Policy recognizes ineffective regulatory mechanisms and

inadequate law enforcement as some of the country's challenges facing the forestry
sector. Further, it observes that these challenges are compounded by dwindling
public land, meaning that forestry development has to expand into private and
community land, which needs incentives and clear engagement methods to
encourage investments in commercial forestry. Regarding forestry governance,
the policy proposes that there is a need to enact supporting legislation following
the promulgation of the Constitution to minimize conflicts between industry,
communities, and Governments at both national and County levels over resource
management benefit-sharing. In addition, forest governance needs to consider
emerging issues and best practices at the global, regional, and national levels.

The policy also observes that the forest sector has had to contend with low
productivity of tree crops, low conversion efficiency, and weak value addition
schemes. These arise from climate change, the small genetic base of crops,
emerging pests and diseases, low investments in technology development, and
poor investment in the forest-based industry. Thus, the policy recommends that
there is a need for research and development to refocus on basic forestry
disciplines such as productivity, health, crop diversification, processing, value
addition, intellectual property rights, and indigenous knowledge.

Further, the sector also faces challenges in building capacity for sustainable
utilization and management. Concerning the County Governments, the policy
recommends that there is a great need to develop the capacity of County
Governments to undertake forestry development on community and private lands.
The mechanisms for engaging County Governments in forestry research and
development should also be developed. Further, livelihood enhancement will be
one of the guiding principles with a focus on fighting poverty as a major
consideration for all strategies and programs in forest sector development. The
policy recommends enhancing participatory approaches as one of the guiding
principles in forest conservation and management to ensure that the relevant
Government agencies, County Governments, private sector, civil society, and
communities are involved in planning, implementation, and decision-making
processes.

The policy also advocates for the commercialization of forestry activities where
forestry operations are to be undertaken in a business manner focusing on result-

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based management. In this regard, the Government will invite the private sector to
invest in tree growing, wood processing, and value addition. The draft Forest
Policy is intended to provide a framework for improved forest governance,
resource allocation, partnerships, and collaboration with the state and non-state
actors to enable the sector to contribute to meeting the country's growth and
poverty alleviation goals within a sustainable environment.

In response to the draft Policy, the Forest Conservation, and Management Act,
2016 was enacted to give effect to Article 69 of the Constitution concerning forest
resources; to provide for the development and sustainable management, including
conservation and rational utilization of all forest resources for the socio-economic
development of the country. It is noteworthy that this Act mainly concentrates on
affording community's user rights as against actual control of forests resources. It is
also notable that although the Act was to be aligned with the current Constitution of
Kenya and the devolved system of governance, the provisions addressing the
issue of devolution is still a rather bureaucratic law. The requirements are such that
communities require an application for any intended participation in forest
resources management.

Implementation of the law is to be guided by such principles as good governance

and access to public information, and a participatory approach to forest
conservation and management; devolution of forest resources management and
conservation wherever possible and appropriate to those owners and managers of
forest resources; adoption of an 'ecosystem approach' in the conservation and
management of forests wherever possible; recognition of the rights and
responsibilities of communities and private landowners to manage and utilize
forest and forest resources; equitable sharing and enjoyment of the benefits
accruing from forest conservation and management by the people of Kenya; and
protection of indigenous knowledge and intellectual property rights embodied in
forest biodiversity and genetic resources. Despite the bureaucratic tendencies still
retained in the Act, these guiding principles, if well implemented, will go a long
way in facilitating equitable and effective management of forest resources under
the devolution system.

13.4.9 The Forest (Harvesting) Rules, 2009

Section 4 (1) provides that no person shall harvest timber in a state forest,
provisional forest, a local authority forest, or a registered private forest without a
valid license. However, a person may harvest timber for final felling, selection
thinning, sanitary; harvesting, reconstruction harvesting, or any other type of
harvesting intended to establish and maintain the forest infrastructure, shape forest
landscape or transform the forestland for other uses.

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13.4.10 The Forest (Charcoal) Regulations, 2009

Section 4(1) provides that Kenya Forest Service shall be the competent authority
responsible for issuing licenses for the production and transportation of charcoal.
(1) Secondly, no person shall undertake or engage in any activity relating to
commercial charcoal production and transportation without a valid license issued
by the service under these Regulations. These regulations are important
considering the importance of energy provision as wood fuel meets 64.5 % of
household energy needs while charcoal meets 7% as of 2014 (Weinsmann et al.
2014). Charcoal provides 82 % of urban household energy needs and while it
provides 34 % to rural household energy needs.

13.4.11 The Forests (Participation in Sustainable Forest Management)

Rules, 2009
Section 2 stipulates that these Rules shall apply to the participation of the private
sector and forest communities. The necessary modifications may be applied by a
local authority, with the ministers for local authorities' consent. It shall apply to the
authorizations issued by the service in the management of provisional forests
declared as such under section 26 of the Forest Conservation and Management
Act, 2016.

Kenya Forest Service embraces engagement in partnership with stakeholders in

forest development and management. Through support by stakeholders on the
production of seedlings, adopting forests for rehabilitation and maintenance for at
least five years. These engagements are usually backed by a Framework of
collaboration signed between KFS and the stakeholder.

13.4.12 The Wildlife Management and Conservation Act, 2013 (WMC,

Act, 2013)
This Act is another critical environment and natural resources governance
instrument that provides protection, conservation, and management of wildlife
resources in Kenya and related matters on public, community, and private land
and Kenya territorial waters. Protection of endangered /threatened ecosystems/
habitats and species L.N. No. 242 0f 2017: Key provisions for enhancing
environment and natural resources governance under this instrument include:
 Promotion of participation of local communities to manage their natural
resources and become more effective stewards of their environment
 Promotion of the conservation of wildlife and its habitats in community areas
 Involvement of local communities in the management of wildlife through the
creation of wildlife farms, sanctuaries, and conservancies
 Promotion of consumptive and non-consumptive of wildlife resources.
 Involvement of local people in the decision-making process, such as County
Wildlife Conservation Committee, management, and land use plans.

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 Introduction of Community Wildlife Association where communities,

landowners, groups of landowners, and existing representative
organizations may establish.
The WMC Act 2013: recognizes user rights for the local communities and issuance
of the permits. Section 79 states Except as, or to such extent as may be specifically
provided in this Act, no person or entity shall undertake any wildlife-use activity
otherwise than under and in accordance with the terms and conditions of a license
issued or permit granted under this Act. While Section 85. (1) provides No person
shall import, export, re-export, or otherwise trade in any wildlife species without a
permit issued by the service.

13.4.13 Water Act, 2016

This governance instrument focusing on water resources, vests ownership, and
control of water resources, including their use, in the state to be held by the
national Government in trust for the people of Kenya. Water resources are vested
in the state, subject to any rights of user granted by or under the Act or any other
written law. Further, the Act allows the Cabinet Secretary to exercise control over
every water resource in accordance with the Act. The Water Resources Authority
(WRA) is vested with the responsibility for overall sector oversight, including
policy formulation, coordination, and resource mobilization. The Water Resources
Authority is to serve as an agent of the national Government and regulate the
management and use of water resources. Concerning the user water rights, the
Water Act 2016 provides that every person has the right to access water resources,
whose administration is the function of the national Government as stipulated in the
Fourth Schedule to the Constitution.

Water Act 2016 section 25 requires an establishment of a basin water resources

committee. The composition and responsibilities of the committee out outlined in
section 26 and 27 of the Act. Communities are allowed to participate in water
resources management through the formation of the Water Resource Users
Associations (WRUAs) may be established as associations of water resource users
at the sub-basin level in accordance with Regulations prescribed by the authority.
The Act specifically provides for public consultation in the development of national
strategies such as the Water Services Strategy.

The water resources management functions that have been allocated to the
national Government are spelt out in the Fourth Schedule, Part I, and include use of
international waters and water resources; national public works-water resources
development, especially on permitting and ensuring compliance to permit
conditions on water-retaining infrastructure and works on water bodies; protection
of the environment and natural resources to establish a durable and sustainable
system of development, including, in particular-water protection, securing
sufficient residual water, hydraulic engineering and the safety of dams; disaster

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management- water-related disasters like flooding, drought, and landslides; and

capacity building and technical assistance to the counties.

On the other hand, the water resources management functions that have been
devolved to County Governments are spelt out in the Fourth Schedule Part 2.
These include implementing specific national Government policies on natural
resources and environmental conservation, including soil and water conservation;
County public works and services, including stormwater management systems in
built-up areas; firefighting services and disaster management, especially on water-
related disasters. To actualize the principles of natural resources management as
envisaged in the current Constitution, in a framework that engages the County
Governments, WRA intends to strengthen water resources governance. It will
achieve this by providing information on water resources availability, use,
allocation, and viable options for water resources investments planning to meet
any water deficit for the County's developmental needs. It will further support
water resources assessment to inform planning and decision-making while
working with the concerned County Governments to domesticate the development
and management plans as contained in the National Water Master Plan 2030. and
jointly prepare an implementation matrix for each plan; apportioning the water
resources equitably among various users and uses, including maintaining the
reserve; and working with the concerned County Governments to protect water
resources from harmful impacts.

The Water Act 2016 empowers County Governments to establish water services
providers, a public limited liability company established under the Companies
Act, 2015, or other bodies providing water services as approved by the Regulatory
Board. In establishing a water services provider, a County Government must
comply with the standards of commercial viability set out by the Regulatory Board.
A water services provider shall be responsible for providing water services within
the area specified in the license; and the development of County assets for water
service provision.

The Act also provides that a County water services provider may, with the
approval of the relevant licensing authority, extend water services to rural or
developing areas. The Act further provides that nothing in its provisions should
deprive any person or community of water services because the provision of such
services is not commercially viable.

The Act also requires every County Government to put in place measures for
providing water services to rural areas that are considered not to be commercially
viable for the provision of water services. The measures referred to in subsection
(2) shall include the development of point sources, small scale piped systems and
standpipes that meet the standards set by the Regulatory Board and which may be
managed by the Water community associations, NGOs, or a private person under a

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contract with the County Government. Further, to implement its obligations under
this section, a County Government should formulate and submit annually to the
Regulatory Board and the Cabinet Secretary a five-year development plan
incorporating an investment and financing plan for the provision of water services
in the rural areas referred to subsection (1) within its area of jurisdiction. The
cabinet secretary also provides technical, financial, and other assistance to a
County Government to enable the County Government to discharge its
responsibility under this section.

13.4.14 The Land Act, 2012

This Act received presidential assent on 27th April 2012 with a commencement
date of 2nd May 2012. Consolidates and rationalizes land laws in Kenya and
provides sustainable administration and management of land and land-based
resources. It also provides for the Land and Environment Court jurisdiction and on
public land, identifies forest land as one of the public lands that cannot be
allocated to anyone.

13.4.15 Land Control Act (Cap. 302)

The main objective of the Act is to provide for the control of transactions in
agricultural land. Therefore, dealings in agricultural land are controlled in the
sense that the transacting parties must obtain consent from the relevant land
control board that has jurisdiction within the area in which the land is located.
Controlled dealings include sale, transfer, lease, mortgage, exchange, partition,
subdivision, or other disposals of agricultural land. The purpose of controlling
transactions in agricultural land is to ensure that the productivity of the land in
question is assured and dealings in agricultural land are fair and beneficial to both
parties. Further, it provides for parties to farm well and develop agricultural land
adequately.

13.4.16 The Physical Planning and Land Use Act Planning Act, 2019
The Act provides for the preparation and implementation of physical development
plans. The Act further provides that proper planning of land use in the coastal zone
is important and critical in ensuring various economic and environmental interests
are accommodated in land use. The Director of Physical Planning is empowered to
prepare physical development plans. Development of land within a certain area
must be done in compliance with the physical development plan for that area and
the development permission of the local authority in charge of that area. Such
powers are currently exercised by the respective County Governments and are
governance provisions that promote environmental and natural resources
conservation.

13.4.17 National Land Use Policy (Sessional Paper No. 1 of 2017)

This Act guides Kenya towards an environmentally and socially responsible use of
land and land-based resources for the socio-economic transformation of the

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people of Kenya. It promotes the best land-use practices for optimal utilization of
the land resource in a productive, efficient, equitable, and sustainable manner.
Mapping land cover, land use data, and land use planning and documentation of
all land use in the country. It involves the development of a framework for
incentives to encourage the maintenance of forest cover. This statute also provides
for enhancing the environment and natural resources governance in Kenya.

13.4.18 Community Land Act, 2016

The Act provides for the recognition and registration of community land rights,
management and administration of community land, and the role of County
Government in relation to unregistered community land. It provides that all current
land held in trust by the County Government will be registered and the
communities issued with title deeds to secure and preserve their land from
arbitrary excisions and allocation without community consent. The Act establishes
a Community Land Management Committee, which shall be elected by a
community assembly consisting of all adult members of the community.

13.4.19 Fisheries Management and Development Act 2016.

This Act provides for the conservation, management, and development of fisheries
and other aquatic resources to enhance the livelihood of communities that are
dependent on fishing and to establish the Kenya Fisheries Services. This Act aims
to protect, manage, use, and develop the aquatic resources in a manner consistent
with ecologically sustainable development, uplift the living standards of the fishing
communities, and introduce fishing to traditionally non-fishing communities to
enhance food security. The law provides beneficial governance provisions for
promoting the conservation of our fishery resources while supporting socio-
economic development.

13.4.20 Kenya Maritime Act 2006

The Act establishes the Kenya Maritime Authority as a body responsible for
monitoring, regulating, and coordinating activities in the maritime industry and all
other matters connected therewith and incidentally. Key functions, among others,
with implications on the environment and natural resources, include; advice the
Government on legislative and other measures necessary for the implementation
of relevant international conventions, treaties, and agreements to which Kenya is a
party.

13.4.21 Climate Change Act, 2016

Climate change is an international agenda, and every stakeholder must take an
active role in mitigating the effects of climate change. The Climate Change Act
encourages and puts in place measures for managing climate change, including
reducing greenhouse emissions. The Act introduces the need for a National
Climate Change Action Plan with measures and mechanisms for adopting energy

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conservation, efficiency, and use of renewable energy in industrial, commercial,

transport, domestic, and other uses.

The Act recognizes that the County Governments play a central role alongside the
national Government to mitigate the effects of climate change. The law establishes
the Climate Change Council. The Council is to provide an overarching national
climate change coordination mechanism and should— ensure the mainstreaming
of the climate change function by the national and County Governments; approve
and oversee implementation of the National Climate Change Action Plan; advise
the national and County Governments on legislative, policy and other measures
necessary for climate change response and attaining low carbon climate change
resilient development; approve a national gender and intergenerational
responsive public education awareness strategy and implementation programme;
provide policy direction on research and training on climate change including on
the collation and dissemination of information relating to climate change to the
national and County Governments, the public and other stakeholders; provide
guidance on review, amendment and harmonization of sectoral laws and policies
in order to achieve the objectives of this Act; administer the Climate Change Fund
established under this Act; and set the targets for the regulation of greenhouse gas
emissions. In providing for climate change management, the Climate Change Act,
2016 promote also matters environmental and natural resources governance as
climate change is critical in the environment and natural resources conservation,

13.4.22 Agriculture, Fisheries, and Food Authority Act (AFFA) No. 13 of

2013
The Agriculture, Fisheries, and Food Authority Act (AFFA) No. 13 of 2013 came into
effect on the 17th January 2014 and is the current legal instrument regulating the
agricultural sector in Kenya. Prior to this, the agriculture sector had in excess of
130 laws that made the sector uncompetitive, inefficient, and too bureaucratic for a
conducive business environment. The merger process commenced with the
consolidation of the Agricultural sector legislation, which culminated in enacting
three key laws: The Agriculture, Fisheries and Food Authority Act, 2013, the Crops
Act, 2013, and the Kenya Agricultural and Livestock Research Act, 2013.

This AFFA Act, 2013 requires that any person who owns or occupies agricultural
land shall establish and maintain a minimum of 10% of the land under farm
forestry. Under this arrangement, one may include trees on soil conservation
structures, rangeland, and cropland in any suitable configuration provided the
species of trees or varieties planted shall not have an adverse effect on water
sources. The Act also promotes soil and water conservation and prevents the
destruction of vegetation. It requires regulating or controlling the afforestation or
reforestation of land, among other things.

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13.4.23 The Energy Act of 2019

The laws relating to energy, to provide for National and County Government
functions in relation to energy, to provide for the establishment, powers and
functions of the energy sector entities; promotion of renewable energy;
exploration, recovery, and commercial utilization of geothermal energy;
regulation of midstream and downstream petroleum and coal activities; regulation,
production, supply and use of electricity and other energy forms; and for
connected purposes. In providing for renewable energy, the law provides for
promoting environmental conservation.

13.4.24 Mining Act No. 12 of 2016

The Mining Act 2016 was adopted after extensive public participation to guide how
matters related to mining should be administered. The law provides royalty and
revenue sharing as follows; National Government 70%, County Government 20%,
and Community 10%.

Artisanal and Small-Scale Miners (ASMs) are formally recognized and allowed to
apply for a Reconnaissance or Mining Permit. The previous Mining Act did not
make for this provision. ASMs are obliged to ensure compliance to the existing
environmental laws as applicable - Article 133 (b). Under Mining Act 2016, the
applicant of a mining license is obliged to undertake Environmental Impact
Assessment and Environmental Management Plan before being granted. The
Mining Act 2016 gives the Cabinet Secretary the powers to declare certain
minerals as 'Strategic Minerals', after getting approval of the Cabinet. The Cabinet
may establish Directorates to take charge of various interests in the Mining Sector.
The Mining Act 2016 does not address matters related to Petroleum and its
exploitation. This is handled by a separate Law, The Petroleum Exploration and
Production Act CAP. 308 (Revised 2019).

13.4.25 Kenya Minerals and Mining Policy 2016

Sets out frameworks, principles, and strategies to explore and exploit mineral
resources for the country's socio-economic development.
Guiding Principles:
 Intergenerational equity and sustainability in mineral utilization for current
and future generations
 Sound environmental management ensures equitable access to mineral
resources and benefit-sharing at National, County, and Community levels in
line with the Constitution.
 Promote International and Regional cooperation in the management of
mineral resources.
 To promote value addition of the mineral resources.
 Ensure transparency, accountability, and public participation

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13.4.26 National Museums and Heritage Act, 2006

Provides for legal protection of heritage sites and establishes protected area
designations, including national monuments. As a consequence of this Act, to date,
several Kaya forest sites are exclusively gazetted as national monuments (sacred
groves). Kaya forests are explicitly mentioned in the Act as important heritage
areas.

13.4.27 Tourism Act 2011

The tourism sector is governed by the Tourism Act 2011. This Act repealed Kenya
Tourism Development Corporation Act (Cap 382). The Act provides for 'the
development, management, marketing and regulation of sustainable tourism and
tourism-related activities and services.' Section 3 of the Act requires the Cabinet
Secretary responsible for tourism to formulate and publish in the gazettete a
national tourism strategy once every five years. Participation of the public in the
formulation of the strategy is a key requirement. To safeguard the environment
from tourism activities, the Act prohibits effluent discharge into the environment,
including wildlife habitats and ecosystems.

13.4.28 The Tourism Regulatory Authority Regulations 2014

Under Section 122 of the Tourism Act 2011, Tourism Regulatory Authority
Regulations 2014 were formulated and gazetted to prescribe matters related to
regulating the tourism sector and operations of the authority.
 The Tourism Act No. 28 of 2011
 The Tourism Regulatory Authority Regulations (download)
 Guidelines on Tourism Area Plans-Draft
 East African Classification Criteria

13.4.29 Public-Private Partnerships (PPP) Act, 2013

Provides for the participation of the private sector in the financing, construction,
development, operation, or maintenance of infrastructure or development projects
of the Government through concession or other contractual arrangements. Defines
the structure, parties' mandates, forms of intervention, and processes for
establishing PPPs in Kenya that matter environment and natural resources are
mainstreamed.

13.4.30 The Timber Act, Cap. 386, 1972

Provides for the control of the sale and export of timber by means of grading,
inspection, and marking. It also provides for control of timber in transit, which
forms part of natural resources governance.

13.4.31 The Seeds and Plant Varieties Act Cap 326

The Act prevents the spread of plant diseases through the control of import and
export of plant species. The Act also prevents introductions of invasive species, a
key governance aspect in safeguarding biodiversity conservation.

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13.4.32 The Animal Diseases Act Cap 364

The Act controls animal diseases and pathogens. It also controls the introductions
of invasive species, also a key governance aspect in safeguarding biodiversity
conservation.

13.4.33 East African Community Protocol on Environment and Natural

Resources Management
The Protocol governs the partner states (the Republic of Burundi, the Republic of
Kenya, the Republic of Rwanda, the United Republic of Tanzania, the Republic of
Uganda, and the Republic of South Sudan) in their cooperation in the management
of the environment and natural resources over areas within their jurisdiction
including trans-boundary environment and natural resources. This Protocol is a
protocol of general application and shall apply to all activities, matters, and areas
of management of the environment and natural resources of the Partner States.

13.5 COUNTY BASED LEGISLATION AND DEVELOPMENT AGENDA

Most of the IDPs recognize that forest conservation is one of the climate change
mitigation strategies that the counties can adopt. There is also concurrence that
forest restoration is necessary. Some counties have even gone further to make
legal provisions for forest protection. For example, the Embu County Environment
Management and Protection Act, 2015 no. 16 of 2015 Article 18 (d) states that "the
County Government shall promote tree planting and expansion of forest cover." In
Nyeri County, the Nyeri County Water and Sewerage Services Act, 2016 No.6 of
201 Article 16 allows Water Service Providers to agree with other entities in
carrying out soil conservation measures. Article 48 of the same Act creates a
Directorate of Environment and Natural Resources. One of its core responsibilities
is the conservation and management of water resources.

13.5.1 Agricultural Sector Development Strategy (ASDS)

The Agricultural Sector Development Strategy (ASDS) 2010-2020 was developed in
line with the Kenya Vision 2030 to upscale the agricultural sector. Drawing from the
Vision 2030, under the economic and social pillars, it emphasizes the enhancement
of crops and livestock, incomes, and food security and nutrition. ASDS outlines
ways to transform the agricultural sector to encompass innovative, commercially
oriented, and modern agricultural undertakings. The modern agricultural
undertakings cover aspects of the environment and natural resources
conservation.

13.5.2 Kenya Green Economy Strategy and Implementation Plan, 2015

The Green Economy Strategy and Implementation Plan (GESIP) is based on four
principles drawn from national policy planning as enshrined in Article 10 of the
Constitution of Kenya. The strategy recognizes that 42% of Kenya's GDP and 70%
of overall employment is derived from natural resource-related sectors. The
sectors are agriculture, mining, forestry, fishing, tourism, water supply, and

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energy. It acknowledges that climate change leads to adverse impacts across all
the production sectors of the economy if proper management measures are not
taken, a milestone towards promoting environment and natural resources
governance.

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CHAPTER 14. INSTITUTIONS PERSPECTIVE/ROLE IN ENVIRONMENT

AND NATURAL RESOURCE GOVERNANCE

14.1 PUBLIC INSTITUTIONS

Public institutions play a significant role in managing and protecting our
environment and natural resources, including forests, river systems, coastal and
marine. The Constitution 2010 guides the two-level Governments in Kenya to
properly manage, develop, protect, restore, enhance and conserve the natural
environment.

The Fourth Schedule to the Constitution of Kenya outlines the obligations of the
central (national) Government and those of the County Governments. The
obligations of the central Government towards natural resource management
include the protection of the environment and natural resources to establish a
durable and sustainable system of development, including, in particular, fishing,
hunting and gathering; protection of animals and wildlife; water protection,
securing sufficient residual water, hydraulic engineering and the safety of dams;
and energy policy.

The County Government is obligated to implement specific national Government

policies on natural resources and environmental conservation including, soil and
water conservation and forestry. Further, the County Governments are also
supposed to ensure and coordinate the participation of communities and locations
in governance at the local level and assist communities and locations to develop
the administrative capacity for the effective exercise of the functions and powers
and participation in governance at the local level (Kariuki, 2018).

14.2 MINISTRY OF ENVIRONMENT AND FORESTRY

The Ministry of Environment and Forestry was created via Executive Order No. 1 of
2018 on the Government of Kenya. It is mandated to undertake National
Environment Policy and Management, Forestry development policy and
management. Further, it is involved in re-afforestation and agro-forestry,
restoration of strategic water towers, protection and conservation of the natural
environment, and pollution control. For example, it is involved in the Lake Victoria
management programme, restoration of lake Naivasha basin, Kenya
Meteorological Department, Kenya meteorological training, conservation and
protection of wetlands, and Climate change affairs.
The Ministry is committed to facilitating the enabling policies, legal and regulatory
reforms for promoting sustainability of the environment and forest resources while
at the same time mitigating the effects of climate change.

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14.2.1 Strategic Objectives of the Ministry

The objectives are as follows: Protect and manage the environment for sustainable
development and posterity; Promote innovation and appropriate technologies for
sustainable utilization of natural resources; Protect and restore forest ecosystem for
the benefit of the present and future generation; Increase forest and tree cover to
enhance social-economic benefits of the Kenyan people and healthy
environment; To create enabling environment for good governance in
environment and natural resources management; To strengthen institutional
framework for efficient utilization of resources and effective service
delivery; Promote research and innovations for enhanced environmental
sustainability; Enhance climate change resilience and low emission development
pathway in all economic sectors for sustainable development and
posterity; Enhance the generation and dissemination of weather and climate
information for early warning, planning and decision support.

14.2.2 The Kenya Wildlife Service

The Kenya Wildlife Service (KWS) was established in 1990 to succeed the
Department of Wildlife Conservation and Management. KWS is charged with the
management of all wildlife, both within and outside protected areas. Through its
Community Wildlife Service and Partnerships Programme, KWS has initiated the
formation of a wide range of CBOs (Wildlife Conservancies Association) to engage
in CBNRM activities. KWS established the Community Wildlife Programme to
guide the management of wildlife outside parks and reserves and involve local
communities. Efforts to enhance the economic and social benefits to local
communities are affected by several policy positions of KWS, especially with
regard to consumptive and non-consumptive utilization of wildlife resources inside
and outside parks. For example, in 1991, KWS introduced the wildlife cropping
scheme for specific, organized community groups.

Several factors adversely affect the extent to which KWS can promote community
participation in wildlife management. One of the key factors is human-wildlife
conflict. The compensation for the damages caused by wildlife takes a long
process, demoralizing the affected persons. Other factors include the lack of
access by community members to resources within protected areas, especially for
water and grazing, while wildlife continues to use the resources on land adjacent to
protected areas. Communities living adjacent to protected areas receive minimal
direct benefits from gate fees and other revenue generated by the parks and
reserves.

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14.2.3 The National Environment Management Authority (NEMA)

The National Environment Management Authority (NEMA) is a corporate body that
shall exercise general supervision and coordination over all matters relating to the
environment and be the principal instrument of Government in implementing all
policies relating to the environment. The authority works with lead agencies on
various partnerships to provide effective and efficient coordination of
environmental matters. Among the key governance areas the authority is
undertaking to promote environment and natural resources management is
administration of Environmental and Social Impact Assessments, Strategic
Environmental Assessments, Audits and other environmental licensing regimes.
The authority also governs matters of environmental compliance and administers
compliance enforcement actions to environmental crimes. The authority is science-
driven in advancing compliance enforcement actions. EMCA, 1999 section 9 (2)
provide the core functions of NEMA, among others.

14.2.4 National Environment Complaints Committee (NECC)

The NECC is concerned with the investigation of complaints relating to
environmental damage and degradation generally. The NECC has powers to
investigate complaints against any person on its own motion investigate any
suspected case of environmental degradation.

14.2.5 National Environmental Tribunal (NET)

The NET is established under Section 125 of EMCA for the purpose of hearing
appeals from administrative decisions by organs responsible for enforcement of
environmental standards. An appeal may be lodged by a project proponent upon
denial of an EIA license or by a local community upon the grant of an EIA license to
a project proponent. NEMA may also refer any matter that involves a point of law
or is of unusual importance or complexity to NET for direction.

14.2.6 County Environment Committees

County Governments are to gazette County Environment Committees (CEC) as the
instrument to integrate CEAPs into the CIDP. So far, many Counties have gazetted
their CECs and made them functional. The main challenge is the operations of
these committees being hampered by lack of funds because the CIDP process
does not apportion the funding. These committees assist NEMA in effectively
carrying out its function of management of the environment at these levels. It is
instructive to note that the membership of these committees includes inter alia
representatives of farmers or pastoralists, the business community, women, and
youth.

14.2.7 Kenya Forest Service

Kenya Forest Service (KFS) is a State Corporation under the Ministry of
Environment and Forestry. The Service derives its mandate from the Forest

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Conservation and Management Act, 2016, which is "to provide for the development
and sustainable management, including conservation and rational utilization of all
forest resources for the country's socio-economic development and connected
purposes."

The Vision of KFS is an internationally recognized organization of excellence in

knowledge-based sustainable forest resources development, conservation, and
management. Its Mission is Conservation, management, development, and
sustainable utilization of forests and allied resources. The country is divided into 10
Conservancies, 47 Ecosystem Areas, and 250 Forest Stations. Each of the offices in
the field is fully functional. The Forest Station is the smallest administrative unit in
the field.

Kenya Forest Service (KFS) functions are stipulated and outlined in section 6 of the
Forest Act 2016 (a-q). While Part V section 48-52 provides for community
participation in forest management through Community Forest Associations. This
part provides for the formation and registration of a Community Forest
Associations with the registrar of societies Act Cap 108, Development of
Participatory Forest Management Plan, and signing of Forest Management
Agreement (FMA). The Implementation of Rule 46 provides that the Service shall
initiate the formation of a Forest Level Management Committee consisting of;
Representatives of the Service; Representatives from the forest association and
other stakeholders in the area "To assist the forest association in the
implementation of the community forest management agreement." Part VII
Provides for trade-in Forestry-section 56(2) Permits; a Timber license; Special
forest use license; A contract; Joint Management; or Concession.

14.2.8 Water Resource Authority

The Water Resources Management Authority (WRMA) was established in 2005. It
was later renamed as Water Resources Authority under the Water Act 2016 that
was operationalized on the 21st of April 2017. The authority is an Agent of the
National Government responsible for regulating the management and use of water
resources. Water Resource Authority (WRA) is the national Government's lead
agency mandated to regulate the management and use of water resources.
Further, to formulate and enforce standards, procedures, and regulations for the
management and use of water resources and flood mitigation; It is expected to
allocate water resources through issuance of licenses and water permits and
enforce conditions to those permits for water abstraction. In the context of this
strategy, it is expected to participate in; Planning, surveying of water resources,
creating awareness to the community on the importance of protecting the water
reserves, facilitating the establishment of Water Resource Users Associations
(WRUAs), and working with them in the management of water resources and
conflict resolution over water use among others.

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14.2.9 National Land Commission

The National land policy of 2009 recommended the establishment of the National
Land Commission (NLC), an idea adopted by the Committee of Experts (CoEs) that
drafted the Constitution of Kenya, 2010. Article 67(1) (a) of the Constitution
establishes the National Land Commission as an independent constitutional
commission mandated principally to manage and administer public land on behalf
of the County and national Governments. Further, Section 5(2) (c) of the Land Act
2012 tasks the commission to ensure that public land under the management of the
designated state agencies is sustainably managed for the intended purposes.
Other functions of the commission are laid down in the constitution and relevant
land laws, including the National Land Commission Act, 2012, the Land Act 2012,
and the Land Registration Act 2012. Apart from the direct land laws, natural
resource laws such as the mining Act 2016 and the Petroleum Act 2019 also
provides important oversight responsibilities to the commission.

14.2.10 Kenya Meteorological Department

The Kenya Meteorological Department is the Kenyan authority responsible for
providing weather and climate information and services to ensure food security,
poverty reduction, sustainable development, disaster prevention, environmental
conservation, adaptation to climate change, and stop the environment's
degradation. The services are decentralized in all the counties that provide
surface, upper air, and marine meteorological services.

14.2.11 Ministry of Petroleum and Mining

The Ministry of Petroleum and Mining was created in 2018, during the re-
organization of the Kenya Government to administer mineral resources. The
mineral exploration entails the sequential process of information gathering that
assesses the mineral potential of a given area. Suitable targets are then staked as
mineral claims to secure mineral rights. The Constitution of Kenya 2010 and the
Mining Act 2016 envisions community participation in environmental governance.
However, the definition and scope of what community entails is vague. It leaves
room for unwarranted mining consent disputes with people and groupings that
may not merit.

The Mining Act 2016 established the following institutions to support the
development of the mining sector, the National Mining Corporation, Mineral and
Metals Commodity Exchange, Mineral Rights Board, Internationally Accredited
Mineral Certification Laboratory, and Community Liaison. The community liaison is
established under the directorate of mines to manage complaints and disputes
from mining and mineral exploration. This division is charged with creating
awareness to the public in mining matters that concern them and ensure harmony
between investors and landowners. The Cabinet Secretary may, by notice in the
Gazette, designate duly qualified public officers to be inspectors of mines for such
jurisdiction as specified in the Mining Act. 2016. The designated inspector of mines

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may enter any building, premises, or land for inspection purposes to ensure
compliance documents and standards are met by official identification. These
include compliance regarding blasting permits and prospecting rights and
importing storage and use of correct explosives.

14.2.12 Energy and Petroleum Regulatory Authority

The Energy and Petroleum Regulatory Authority (EPRA) is established as the
successor to the Energy Regulatory Commission (ERC) under the Energy Act,
2019, with an expanded mandate of regulation of the Energy and Petroleum. The
core functions that offer governance over petroleum also provide for the
promotion of environmental conservation by observing compliance matters that
border on protecting pollution of the environment by petroleum products.

14.2.13 National Museum of Kenya

The National Museums of Kenya (NMK) is a state corporation established under the
Museums and Heritage Act No. 6 of 2006 charged with collecting, preserving,
studying, documenting past and present cultural and natural heritage in Kenya.
NMK's mandate is to enhance knowledge, appreciation, respect, and sustainable
utilization of the resources to benefit Kenya and the world. NMK is a key agency in
the governance of heritage resources in the country.

14.2.14 Civil Society Organizations

Civil Society Organizations (CSOs) involved in environmental governance are
highly diverse, including local, national, regional, and international groups with
various missions dedicated to environmental protection, sustainable development,
poverty alleviation, animal welfare, and other issues. Civil society covers a wide
range of actors, including individuals, religious and academic institutions, and
issue-focused groups such as not-for-profit or non-Governmental organizations.
The diversity of civil society and its value to official inter-Governmental processes
on the environment are acknowledged in Agenda 21, the comprehensive
sustainable development blueprint adopted at the 1992 Rio Earth Summit

Civil society plays a key role in bridging the information and exchange gap
between the population and policy. It can support information collection and
dissemination, policy development, policy implementation, advocacy, and
assessment and monitoring, making sure that concerns of those affected by
environmental challenges and policies are considered in environmental
governance. NGOs also promote networking of different stakeholders to address
issues collaboratively and help to develop the skills and mindset necessary for
sustainable management of (natural) resources. Besides advisory and support
roles, civil society organizations can also take on a more direct environmental
management and governance role. They can enhance representation on
multistakeholder governance platforms such as river basin authorities or fisheries

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management councils, thereby functioning as principal actors and agents for good
governance.

In terms of governance, civil society organizations (CSOs) are vital in holding

Governments accountable and ensuring that the needs of local communities are
effectively reflected in national policies. They also ensure plans that the necessary
resources are mobilized to enable local communities to take adaptive action.

14.2.15 Nature Kenya

Founded in 1909 initially known as The East African Natural History Society, it is
among Africa's oldest nature-related NGOs. Nature Kenya's work is firmly based
on partnership, science, and action. The society's programmes now have a strong
focus on biodiversity conservation action, specializing in educating and involving
local communities in what is referred to as Site Support Groups (SSGs) living
around key conservation areas. Currently, Nature Kenya works closely with 26
SSGs covering 25 Key Biodiversity Areas (KBAs). Nature Kenya developed a
monitoring framework owned by an established National Liaison Committee
composed of some 33 Government and non-Government agencies that ensure
sustainable partnerships for KBAs conservation, monitoring, and reporting. The
KBA monitoring aims to: track state, pressure, and response; assess the impact of
conservation interventions; determine how KBAs continue to meet their
conservation objectives; enable timely detection of threats and their effects on
biodiversity; and influence policy and management decisions.

The GEF-UNDP project entitled "Strengthening the Protected Area Network of the
Eastern Montane Forests Hotspot of Kenya" Nature Kenya supported the
development of the first State of Environment (SoE) Report under devolved
governance structure, i.e., Kakamega County SoE Report of 2012. Through support
from World Land Trust, UK, 409 hectares (1,010 acres) of land was purchased in
Dakatcha Woodland to conservation Clarke's Weaver, a globally threatened bird
species. The local communities are managing the land under the Dakatcha
Woodland Conservation Group and Community Conservation Areas Committees.
With support from Rainforest Alliance, Nature Kenya purchased 3.6 hectares (8
acres) of land in Taita Hills for the conservation of Taita Apalis, a globally
threatened bird species listed under the IUCN Red Data List. Nature Kenya
facilitated the development of Tana River Delta Land Use Plan (LUP) and Strategic
Environmental Assessment (SEA). These plans won The Royal Town Planning
Institute (RTPI) international Award for Planning Excellence and commended by
DFID as a model for delivering Sustainable Development Goals. Yala Swamp LUP
and SEA have been signed by the two governors of Siaya and Busia counties,
including the Right Hon. Raila Amolo Odinga.

To ensure that the Government is kept in check, Nature Kenya and SSGs are
engaged in routine strategic advocacy work to mainstream KBAs into Government

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planning and decision making. The advocacy work includes but is not limited to:
the passage of appropriate policies and implementation; Important joint Bird
(Biodiversity) Areas (IBA) /KBA management and national recognition; expansion
of Protected Area network; sustainable development initiatives such as Tana Delta,
Yala Swamp; sound climate change mitigation measures; NGO-Government-Local
community partnerships; adherence to international obligations and sustainable
KBA monitoring.

14.2.16 IUCN-The World Conservation Union

IUCN, particularly the East and Southern Africa Regional Office, has taken on a
more ecosystem approach to conservation around Mt. Elgon, among other areas. It
includes working with conservation authorities to improve and secure the integrity
of the conserved areas and with community groups and local authorities to
integrate conservation and its benefits with the livelihoods of people who live
close to the reserved areas.

14.2.17 Act Change Transform (ACT Kenya), former PACT-Kenya

ACT Provides institutional capacity building for community institutions in
governance and accountability. It is developing the capacity of the National
Landowners Wildlife Forum and its constituent members in lobbying for more
supportive policy and legislative frameworks for biodiversity. Through its
Organizational Capacity Assessment Process Programme, ACT develops the
capacity of regional NGOs to plan effectively and transparently. The aspects
monitored in this programme include the effectiveness of CBOs to operate and
communicate with their members while networking among themselves. The
perceived responsiveness towards supporting their constituents and their ability to
communicate and collect information.

Many more NGOs not covered in this report also occur in the country working on
environment and natural resources conservation. They contribute to advancing the
environment and natural resources governance in Kenya in partnership with
relevant public agencies.

14.2.18 Community Forest Associations (CFAs)

These are civil society institutions that were established by the Forest
Conservation and Management Act, 2016. CFAs provide interesting avenues for
the local community to partner with KFS in the management of forests. The roles of
CFAs include; Participating in forest management by signing management
agreements with KFS, improving the livelihoods of its members through income-
generating activities like beekeeping, protection of forest reserves through
collaborative patrols by community scouts, tree planting in degraded sites within
indigenous forests, and harvested sites in forest plantations, dissemination of
indigenous conservation initiatives to present generation and liaising with KWS to
manage human-wildlife conflicts.

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In Kenya, as per the year 2019, there were 179 CFAs registered in Kenya where
communities participate in forest management. In the same year, Kenya Forest
Service (KFS) had approved 160 Participatory Forest Management Plans (PMPs),
which guide the co-management of the forests between CFAs and KFS within a
certain forest block. In 2019, CFAs had signed 2 Concessions signed between
them and KFS, and 106 signed Forest Management Agreements (FMAs). Out of 160
signed PFMPs 48 were under review.

14.2.19 Water Resource User Associations (WRUAs)

Section 29 (1) of the Water Act 2016 provides for the possibility of establishing a
Water Resource Users Association (WRUA) which shall be a community-based
association for collaborative management of water resources and resolution of
conflicts concerning the use of water resources. WRUA is an association of water
users, riparian landowners, or other stakeholders who have formally and
voluntarily associated cooperatively with sharing, managing, and conserving a
common water resource (definition in WRM Rules). In broad terms, the
membership of a WRUA comprises the following 5 categories: Riparian members,
Abstractor members, Non-consumptive members, Observer members, CBOs, and
SHGs. Membership is based on a certain amount of annual subscription fee
dictated by individual WRUA.

The WRUA Development Cycle (WDC) defines the roles and responsibilities of a
WRUA as:
 Represent interests of water users at the community level, ensuring that all
stakeholders' opinions are taken into account
 Participate in decision-making such as in the application of water permits for
water abstraction
 Mobilize water users for collective water resources management and
catchment conservation
 Provide local information on water use
 Mobilize resources in water resource management
 Promote compliance with water laws
 Support WRA in the monitoring of water use
 Provide a forum to discuss and resolve conflicts on water use

14.2.20 Beach Management Units (BMUs)

Fishing communities around lakes and along rivers usually organized themselves
along clan lines and used traditional institutions to regulate their member's fishing
activities, thereby conserving fishery resources. These communities formed co-
operatives to facilitate their fishing and marketing activities, referred to as Beach
Management Units. The Malindi Fishermen Committee is a CBO with over 1,000
members from the community living around the Malindi National Park (Maina,
2000). The Watamu Turtle Watch was formed in 1997 by a group of residents
concerned about the poaching of turtles and their eggs within the Watamu Marine

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Park. The group's activities include education and awareness-raising, nest

protection, tagging and releasing turtles caught in fishing nets, and compensating
fishermen who agree to release captured turtles (Maina, 2000). Many other water
bodies, such as Lake Victoria, also have Beach Management Units to regulate
fishing activities in these fishing areas. In so doing, they contribute in the
governance of the environment and fish resources.

14.2.21 Kenya Wildlife Conservancies Association

Wildlife Conservancy is land set aside by an individual landowner, body
corporate, group of owners, or a community for wildlife conservation purposes
(Wildlife Management and Conservation Act, 2013). Any person or community who
owns the land on which wildlife inhabits may individually or collectively establish
a wildlife conservancy or sanctuary in accordance with the provisions of this Act.
We have over 155 conservancies in Kenya distributed across 28 counties in Kenya,
with 2,364 scouts trained on wildlife security. Conservancies are represented in
Kenya Wildlife Service (KWS) board. On the board are 2 members representing
community conservancies and 1 member from private conservancies.

Most of the Wildlife Conservancies are in the rangelands of Kenya undertaking

wildlife-based tourism-related activities. Such activities are generating income for
the local communities and enhancing their direct benefits from natural resources.
For instance, Kerio Environmental Conservation Association in Baringo County was
initiated by the Kenya Resources Centre for Indigenous Knowledge of the National
Museums of Kenya. The association is organized into committees and engages in
income-generating activities, establishing tree nurseries, and rehabilitating
eroded areas. The association's members have also initiated water projects for
household consumption and irrigation. Another activity is collecting and selling
medicinal plants, especially by communities around the Kamnarok National
Reserve (Maina, 2000).

14.2.22 Community-Based Organizations (CBOs) and Associations

Diverse community-based organizations have been formed to address specific
natural resources management issues. The formation of these CBOs has largely
been initiated and facilitated by relevant Government agencies.

14.3 PRIVATE SECTOR

The private sector plays a key role in environmental governance. Private operators
provide capital, expertise, and market access, support re-use, and recycle solid
waste and information dissemination. Many private sector players benefit directly
or indirectly from the ecosystem services provided by forests, rangelands, and
wetlands. Such private sector players, including water service providers, water
bottling enterprises, tour operators, tourism sector players, saw millers, and
others, can participate in natural resource restoration. They can do this through
payment for ecosystem services (PES) schemes or their Corporate Social

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Responsibility (CSR) agendas. Their staff can also provide labor for restoration
initiatives during corporate engagement events in the field.

In Kenya, several private sectors contribute to environmental protection and

conservation by restoring degraded areas. Some of these institutions include
Kenya Breweries Limited, Privatization Commission of Kenya, Vivo Energy, Total
Kenya, Coca Cola Company, Tea companies, and Financial Institutions such as
Banks.

14.4 THE INTERNATIONAL AGENCIES

Several intentional agencies, such as World Bank Group's, offer good corporate
governance and social and environmental sustainability in all its investments. The
World Bank Group, for instance, encourages its clients to operate in an
environmentally and socially responsible fashion. Proactive approaches to the
governance of natural resources, such as collaboration with Governments and
other stakeholders, fair compensation to stakeholders for loss of traditional access
to resources, and conflict resolution relating to the distribution and shared use of
resources that can impact business reputations and business risks.
.

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CHAPTER 15. STRATEGIES FOR ENHANCING ENVIRONMENT AND NATURAL RESOURCES

GOVERNANCE
Table 1-15: Strategies for enhancing environment and Natural resources governance in Kenya
Theme Action Indicator Key Actor Other Actors Time frame Budget
Estimat
e
Energy ST MT LT
Sector Review of Subsector Laws No reviewed Min of Energy AG, NEMA, KFS 250.0M
Review of Institutional No reviewed Min of Energy AG 100.0M
Mandates
Private Sector No allowed to Min of Energy EPRA, KEPSA 200.0M
Participation in Retail participate
Business
Establishing a strong Policy Min of Energy EPRA, 300.00M
National Competition established KETRACO,
Policy GDC, KENGEN
Providing Alternate No of ERC KP, KETRACO, 100.00M
Subsidies subsidies GDC, KENGEN
instituted
Implementation of Open No. Accessing ERC KETRACO, PPP 200.0M
Access electricity

Unbundling the Supply of No of PPP ERC Private players, 300.00

Electricity KETRACO, KP
Strengthen Energy Capacity built Tribunal Exchequer, AG, 200.0M
Tribunal PPP
Encourage Public No of forums Min of Energy KETRACO, KP, 200.0M
Participation engagements KENGEN, EPRA,
Private players
Strengthen Regional No of regional Min of Energy EPRA, KENGEN, 200.0M

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 KENYA STATE OF ENVIRONMENT REPORT 2019-2021

Theme Action Indicator Key Actor Other Actors Time frame Budget
Estimat
e
Integration engagements ERC, KP
Expand Renewable No of RE firms Min of Energy Private players, 300.0M
energy sources established KENGEN, EPRA
Establish adequate No of Min of Energy Private players, 100.0M
investment frameworks frameworks KENGEN, EPRA
for PPPs established
Align the Energy Policy Min of Energy 100.0M
legislation to the established
Constitution of Kenya
2010
Enhance implementation No of solar Min of Energy NPS 200.0M
of the Solar heating installations
regulations of 2012.
Improve energy No of KETRACO, Private players 500.0M
infrastructures infrastructures KPLC
particularly to the rural installed and
population power
connections
Mining Incorporate petroleum Reviewed Min. Mining & Private players, 100.0M
sector and related products into legislation petroleum, CG
Mining Act 2016
Introduce advanced No of mineral Min. Mining & Private players 500.0M
mineral processing processing petroleum,
technologies to add value firms CG
established
Formulate land use Policy Min. Mining & Private players 50.0M
related regulations to established petroleum
guide mining

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 KENYA STATE OF ENVIRONMENT REPORT 2019-2021

Theme Action Indicator Key Actor Other Actors Time frame Budget
Estimat
e
Ensure completion and All programs 574.0M
implementation of all implemented
mineral exploration
programs
Ensure proper An updated Min. Mining & Private players 100.0M
management and geo- petroleum, CG
dissemination of geo- information
information data centre
Awareness creation No of forums of Min. Mining & Private players 20.0M
especially among the engagement petroleum, CG
Political leaders
Climate Allocate more funds to Funds GoK, Min of Private players 50.0M
change address climate change allocated Environment
sector and Natural
Resources, CG
Provide adequate Infrastructure GoK, Min of Private players 700.0M
infrastructures and in place Environment
technology to address and Natural
climate change Resources, CG
Implement climate Policy Min of Private players 100.0M
change policy implemented Environment
and Natural
Resources,
ELC
Enact Meteorology policy Policy enacted KMD Private players 50.0M
Promote partnerships Partnerships in Min of Private players 10.0M
with international place Environment
organizations such as and Natural

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 KENYA STATE OF ENVIRONMENT REPORT 2019-2021

Theme Action Indicator Key Actor Other Actors Time frame Budget
Estimat
e
WMO, ICAO, Global and Resource, KMD
regional centres, NMHSs,
national institutions such
as KCAA, KAA, KenGen
Water Enforcement of water Regulations WRA, CG NPS 10.0M
Resources sector Regulations enforced
sector
Adequate funding for the SCMP WRA, WRUAs, CECs 300.0M
Sub Catchment implemented CG
management plans
(SCMP) implementation
Provide adequate Infrastructure WRA 400.0M
infrastructures and in place
technology to address
water resources
monitoring systems
Create awareness among No of forums WRA, CG 20.0M
lead agencies on water
resource regulations
Construct adequate Infrastructure Water Service 100.0M
wastewater treatment in place Boards, CG
plants
Upgrade existing waste Water Service 100.0M
water treatment plants Boards
Establish framework on Framework in WRA, CG 50.0M
operationalization of place
interGovernmental
linkages in the water

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 KENYA STATE OF ENVIRONMENT REPORT 2019-2021

Theme Action Indicator Key Actor Other Actors Time frame Budget
Estimat
e
sector
Forest sector Develop benefit sharing Framework KFS, CFAs 50.0M
framework with developed
community forest
association (CFAs)
Review the regulations Reviewed Act KFS, CG Private players 50.0M
under Forest Act 2016 in place
Review regulations to Reviewed KFS, CG Private players 50.0M
control cultivation in river Regulations in
riparian reserves. place
Finalize the Draft Forest Forest Policy KFS, CG Private players 50.0M
Policy upon which the in place
Forest Conservation and
Management Act 2016 is
anchored
Develop and implement No of PFMP KFS, CFAs, CG 20.0M
Participatory Forest developed
management Plans
(PFMP)
Build capacity of CGs to No of CG staff KFS, CG 30.0M
take up devolved forest trained
functions (TIPS)
Establish linkages No of MoUs CG, KFS 20.0M
between research signed
institutions, universities
and the public
Heritage Harmonize heritage laws Harmonized NMK 20.0M
sector with other sector laws in place

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 KENYA STATE OF ENVIRONMENT REPORT 2019-2021

Theme Action Indicator Key Actor Other Actors Time frame Budget
Estimat
e
regulations
Awareness creation on Informed NMK 10.0M
the importance of our public
heritage
Enforcement of Regulations NMK NPS, Heritage 10.0M
regulations governing enforced wardens
heritage sites
Promote heritage No. of Surveys NMK NEMA, KWS, 100.0M
research for data KFS
Biodiversity Enhance enforcement of Regulations KWS, NMK 10.0M
Sector Regulations on adequately
Conservancies enforced
Gazette management Gazzetted KWS, 10.0M
Plans for conservancies Management Community
Plans Wildlife
Conservancies
, CG
Enhancement of the Benefit sharing KWS, local Nature Kenya 5.0M
benefit sharing mechanisms community
mechanisms enhanced
Finalize & implement the Strategy KWS, Nature WWF 10.0M
National Biodiversity Implemented Kenya
Strategy and Action Plan
Conduct inventory and Biodiversity KWS, WWF Nature Kenya 100.0M
research on biodiversity inventory in
place
Conduct valuation of No of reports WWF, KWS NEMA 100.0M
biodiversity

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 KENYA STATE OF ENVIRONMENT REPORT 2019-2021

Theme Action Indicator Key Actor Other Actors Time frame Budget
Estimat
e
Enhanced information Maps of all DRSRS, KWS, Nature Kenya, 200.0M
and knowledge on resources NMK, KWCA
natural resources developed
mapping
Enact regulations to Regulations in KWS, DRSRS, 100.0M
prevent encroachment place AG
into the wildlife
migratory corridors
Fisheries Enhance utilization of the Regulations in NEMA, 100.0M
sector invasive species to place Fisheries
generate energy Department,
WRA
Enhance implementation Legislations State NPS 50.0M
of legislations on implemented Department of
fisheries including use of to the later Fisheries, CG
illegal gear and
gazettement of BMUs
Enhance implementation Frameworks State 10.0M
of regional framework for implemented Department of
cross border utilization of Fisheries, CG
fisheries resources
Capacity building on No of State 20.0M
fisheries and fishing personnel Department of
personnel trained Fisheries, CG
Livestock Enhanced Framework in State 20.0M
Sector implementation of place Department of
frameworks governing Livestock, CG
livestock diseases and

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 KENYA STATE OF ENVIRONMENT REPORT 2019-2021

Theme Action Indicator Key Actor Other Actors Time frame Budget
Estimat
e
parasites
Establish marketing Infrastructures State 50.0M
infrastructures for in place Department of
livestock products Livestock, CG
including value addition
Review legislation on the Reviewed laws State 50.0M
land tenure system Department of
Livestock, CG,
NLC
Create awareness on the No trained State 10.0M
livestock carrying Department of
capacity Livestock, CG
Build capacity on the No trained 15.0M
inventory of GHG
emission emanating from
the sector
Agriculture Enhance implementation Determined State 20.0M
sector of legislations on acreage Department of
economically viable land Agriculture,
parcels CG
Capacity building to the No trained State 10.0M
agricultural extension Department of
officers Agriculture,
CG
Enhance capacity No trained State 10.0M
building to farmers on Department of
emerging new farming Agriculture,
technologies CG

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 KENYA STATE OF ENVIRONMENT REPORT 2019-2021

Theme Action Indicator Key Actor Other Actors Time frame Budget
Estimat
e
Develop framework for Framework State 20.0M
agrochemical developed Department of
management Agriculture,
CG
Land sector Review legislations on Reviewed NLC, CG 10.0M
land such as Survey Act legislations
and Land consolidation
Act
Creation of awareness on No of forums NLC 5.0M
Land laws held
Enhance land No of acreage NLC, Min. of 10.0M
adjudication programs adjudicated Lands
Harmonize legislation on Legislation NLC, Min. of 10.0M
riparian land harmonized Lands
Develop and implement Plans in place NLC, Min. of 10.0M
spatial plans both at for each CG. Lands
County and National
level
Wetlands, Enhance inventory and Inventory in NEMA, WRA, 20.0M
Coastal and mapping of all wetlands place. CG
Marine and biodiversity Wetland map
sector
Enhance enforcement of No of NEMA, WRA CG 10.0M
Wetland Regulations enforcement
actions
Review all wetland Reviewed NEMA, WRA CG 20.0M
legislation legislation
Implement spatial plans Spatial plans NEMA, WRA CG 10.0M

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 KENYA STATE OF ENVIRONMENT REPORT 2019-2021

Theme Action Indicator Key Actor Other Actors Time frame Budget
Estimat
e
both at County and implemented
National level
Establish a framework for Framework NEMA, WRA 5.0M
utilization of established
transboundary wetlands
Infrastructure Create awareness on the No of reports NEMA, NCA CG 20.0M
Sector significance of EIA on workshops
processes in
infrastructure
development
Review institutional Reviewed NEMA CG, AG 20.0M
mandates on mandates
infrastructures
Public Health Review institutional Reviewed DPH, CG 10
Sector mandates on public mandates
health
Create awareness on No of Reports NEMA, DPH, 20.0M
attitude change in CG
relation to public health
for environment
management
Build capacity in Public No of DPH, NEMA CG 100.0M
health personnel
trained
Construct adequate Infrastructures CG 200.0M
sanitary landfills to in place
handle solid waste
Enhance enforcement of No of cases of DPH, CG 100.0M

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 KENYA STATE OF ENVIRONMENT REPORT 2019-2021

Theme Action Indicator Key Actor Other Actors Time frame Budget
Estimat
e
laws on Public health compliance
mainstreaming
environment
Tourism Review spatial plans in Reviewed State 100.0M
sector key tourism areas spatial plans department of
Tourism, CG
Enforce spatial plans No of State NPS 50.0M
governing tourism sector enforcement department of
actions taken Tourism
Develop framework for Framework State 50.0M
benefit sharing developed department of
Tourism, CG

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CHAPTER 16. CONCLUSION AND RECOMMENDATION

In 2018 Government of Kenya announced an ambitious development agenda dubbed

'the Big 4' that aims to address affordable housing, universal healthcare, food security,
and growing manufacturing. The realization of this vision requires an equal
commitment to balancing development and the environment.

Environmental governance institutions in Kenya are faced with inadequately

harmonized functionalities leading to either duplication of roles or implementation
conflicts. Therefore, it is prudent to suggest functions to uniquely identified and
relevant units to take leadership in a given area of specialty. It will effectively
promote proper management of the fiscal regime. Whereas there are governance
mandates unique to some sectors, most are found to have cross-cutting similarities.

Our biodiversity depends on the natural environment for survival, and hence the need
to sustainably manage it for posterity. Threats to biodiversity emanate mainly from
human activities, including land-use change, encroachment, habitat degradation,
destruction of wildlife dispersal areas and migratory corridors and routes, poaching,
human-wildlife conflict, among others. There is a need to scale up the implementation
of various existing strategies and policies governing biodiversity conservation and
management by national and County Governments and other stakeholders with a
stake in biodiversity to tackle these issues. Additionally, other innovative strategies
such as Payment for Ecosystem Services (PES) can be introduced.

In the Mining sector, the recent growth of 5.9 percent in the industry is a measure of
improved governance and infrastructural development to spur investment. The
embodiment of institutions in the Mining Act No. 12 of 2016 and regulations has given
credibility to the licensing process and provided infrastructure for capacity building
to impact this sector positively. There is a need to fast-track the establishment and
operationalization of mineral value addition facilities to further enhance this nascent
and yet promising sector.

On the other hand, agriculture resources collectively constitute a considerable natural

resource base that propels Kenya's economic development agenda. Whereas the
existing agro-based resources should be exploited for crop production to meet the
present needs of Kenyans, we should simultaneously ensure their long-term
productive capacity to perform various ecosystem functions. The use of resources
should occur without degrading their quality and viability while also cushioning them
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against the adverse effects of climate change. Adoption of sustainable and climate-
smart agricultural technologies, innovations, and management practices (SCSA-
TIMPs) is recommended.

Kenya, like the rest of the world, is experiencing adverse impacts of climate change
and variability. These have exacerbated environmental degradation, reduced
agricultural production and food security, increased incidences of flooding,
landslides, droughts, and disease epidemics. These have also led to the destruction of
physical infrastructure and heightened the risk of natural resource conflicts. While
vulnerability to these impacts is differentiated and context-specific, it can result in
significant economic costs that can derail the vision's 2030 goals. The development of
the National Climate Change Response Strategy (NCCRS) provides a broad,
coordinated framework for Government, private sector, civil society, and other
stakeholders to integrate climate change and variability considerations into national
and County development planning and implementation at various levels.

The energy sector meanwhile plays a critical role in the socio-economic development
of a country. The Kenya Vision 2030 identified energy as one of the infrastructure
enablers of its social and economic pillar. Currently, the energy sector relies wholly
on the importation of all petroleum requirements. However, with the discovery of oil
in Northern Kenya, this trend is likely to change. Following a least-cost approach, the
Government has prioritized geothermal and wind energy plants and solar-fed mini-
grids for rural electrification. Energy Policy sets out biogas expansion targets of
10,000 small and medium-sized digesters by 2030.

Policies on funding for energy research should concentrate more on renewable

energy sources, which has a double benefit of sustainability and a cleaner
environment. Dependence on hydro-power generating Plants to supply the country's
energy needs poses uncertainty in the heavy manufacturing industries. It is estimated
that between 10-30% of the primary energy input is wasted in Kenya. The production
of energy-efficient charcoal and fuel-wood stoves has provided significant
employment opportunities in urban and rural areas.

In the biodiversity sector, a detailed census of key wildlife species is needed to

establish their status and develop a baseline to monitor their recovery. There is a
need to assess the feasibility of reintroducing flagship species that have disappeared,
such as the reticulated giraffe and Grevy's zebra.

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 KENYA STATE OF ENVIRONMENT REPORT 2019-2021

There is a need to put together a transboundary water agreement to govern the use of
River Omo and provide provision to regulate the permanent use of Omo River flows.
On the other hand, efforts should encourage Tanzania to nominate the lake as an
extension to the Kenya Lake System.

The Infrastructural elements associated with the "big 4 agenda" need effective
coordination in the environmental (Ministries, Departments, and Agencies) MDAs
Units to ensure that the relevant regulations and guidelines are implemented. ASEA
should be undertaken for upcoming projects to realize the agenda among other
infrastructural developments in the country. Payment of Ecosystem Services approach
is recommended where it applies. The land-use regulations development needs to be
completed and implemented.

Regulation across MDAs and lead agencies on environmental management should

focus on quality assurance and control of the environment.

The approach of the ''Nyumba Kumi " initiative needs to be applied to all
environmental regulations on water, air, biodiversity, chemical substances, noise,
waste, EIAs, EAs, SEAs, E-Waste enforcements. The smaller unit community
organization involvement will improve the awareness creation on the role of sound
environmental parameters in human health. The entire enforcement process should
be facelifted from the trend as usual to realize this.

Environmentally sustainable tourism depends on the management of the value-added

to the resource endowment. Therefore, the development of the sector depends on
human, land, water, and air resources. Tourist safaris in the national parks exact a
heavy toll on the balance of the ecosystem. Adverse impacts from tourism occur when
the level of visitor use is greater than the environment's ability to cope with this use
within acceptable limits of change. Uncontrolled conventional tourism poses potential
threats to the natural areas in Kenya.

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ANNEX I: LIST OF HERITAGE SITES IN KENYA

Name of Site/Monument County Name of Site/Monument County
Kilombe Arch. site Baringo Mama Ngina Drive Mombasa
Muhanda Fort Bungom Mombasa Golf Club Mombasa
a
Chetambe’s Fort Bungom Babu Motors Mombasa
a
Kakapeli Rock Shelter Busia Kilindini House Mombasa
Old Embu PC’s House Embu Ivory House Mombasa
Old Embu PC Servant’s Embu Issa Thawar House Mombasa
Quarters
Old Armoury Embu MSA Hospital Dispensary Mombasa
Kanam Prehistoric Site Homa Central Police Station Mombasa
Bay
Kanjera Prehistoric Site Homa District Officer’s Office, Mombasa
Bay Mombasa
Government Rest House- Homa Anglican Cathedral Mombasa
Sori Bay
The Old SDA Church- Homa Mackinnon Market Mombasa
Rapedhi Bay
Tom Mboya Mausoleum Homa Alidina Visram School Mombasa
Bay
Olorgesailie National Kajiado Grindlay’s Bank Intn’l Mombasa
Monument
Selengai Stone Kajiado National Bank of Kenya Mombasa
Selengai Wells Kajiado Valentine High School Mombasa
Kora Cultural Site Kajiado Kaya Kiteje Mombasa
Emugur Cultural Site Kajiado Kaya Pungu Mombasa
Muliro Gardens Kakame Similani Cave Mombasa
ga
Ikhonga Murwi (Weeping Kakame Castle Hotel Mombasa
Stone) ga
King George’s Tower Kakame Holy Ghost Cathedral Mombasa
ga
Fort Ternan Palaeo. site Kericho Sheikh Mwinyime Shrine Mombasa
Kericho Wagon Works Ltd. Kericho Leven House Mombasa
Tuluap Sigis Kericho St Emmanuel Church, Frere Mombasa
Town
Chemogoch Prehistoric Kericho Mama Ngina Drive Historical and Mombasa
Site Archaeological Site
St. Paul’s Mother Church Kiambu Kenya Ports Authority Maritime Mombasa
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 KENYA STATE OF ENVIRONMENT REPORT 2019-2021

Name of Site/Monument County Name of Site/Monument County

(A.C.K) Kabete Museum Building
A.I.C Kijabe Church Ruins Kiambu Jomo Kenyatta Public Beach Mombasa
Fort Smith Kiambu Uhuru Gardens Mombasa Mombasa
Manse, Kikuyu Kiambu Fort Jesus National Monument Mombasa
(Formerly Fort Jesus National
Park)*
P.C.E.A. Church of the Kiambu Little Theatre Club Mombasa
Torch
Watson Scott Memorial, Kiambu Fort Hall Murang’a
Church Kikuyu
Githunguri Gallows Kiambu Mukuruwe -wa-Nyagathanga Murang’a
Githunguri Girls Dormitory Kiambu Old Provincial Commissioner’s Murang’a
(Kiriri) Office, Fort Hall
Jomo Kenyatta’s College Kiambu Old P.C Office Nairobi Nairobi
Residence
Mbiyu Koinange’s College Kiambu Central Park Monument Nairobi
Residence
Old Italian Church in Kiambu Uhuru Park National Monument Nairobi
Ndarugu
Italian Prisoners of War Kiambu Uhuru Gardens National Nairobi
Brick Manufacturing Plant Monument
Italian Prisoners of War Kiambu Kenya National Archives Nairobi
Pillar
Ndula Power Station Kiambu McMillan Library Nairobi
Jumba la Mtwana Ruins Kilifi High Court Building Nairobi
Mnarani Ruins Kilifi Kipande House Nairobi
Gede National Monument Kilifi Former Parklands Railways Staff Nairobi
quarters
Jamadra Mosque Kilifi Jeevanjee Gardens Nairobi
Mtwapa Kilifi The Calton Fenzi Memorial Stone Nairobi
Kilepwa Island Kilifi The War Memorial Statue Nairobi
Mambrui Kilifi Institute of African Studies- Nairobi
Chiromo Campus
Mgangani Kilifi Nairobi School Nairobi
Sheikh Said Kilifi Khoja Mosque Nairobi
Sheikh Othman Kilifi Old Mutual Building Nairobi
Takaungu South Kilifi Standard Chatered Building Nairobi
Takaungu North Kilifi Pan African House Nairobi
Vasco da Gama Pillar Kilifi Royalty House Nairobi
DO’s Office, Malindi Kilifi Imperial Chambers Nairobi
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 KENYA STATE OF ENVIRONMENT REPORT 2019-2021

Name of Site/Monument County Name of Site/Monument County

Kaya Mudzimiru Kilifi Imperial British East African Nairobi
Company (I.B.E.A) Building
Kaya Fungo Kilifi Bull Cafe Nairobi
Kaya Kauma Kilifi Prembro House Nairobi
Kaya Chivara Kilifi Pansoms Building Nairobi
Mosque (Unnamed) Kilifi Surat District Association Nairobi
Building
Jumaa Mtwapa Kilifi Rahimtulla Trust Library Nairobi
Kaya Mudzi Muvya Kilifi Bohra Mosque Nairobi
Kaya Lunguma Kilifi Dedan Kimathi Statue Nairobi
Kaya Bomu/Fimboni Kilifi War Memorial Pillar Nairobi
Kaya Mzizima Kilifi Nairobi Club Nairobi
Ronald Ngala’s Tombstone Kilifi Railway House, Lower Hill Road Nairobi
Bedida Sacred Grove Kilifi Desai House, 2nd Parklands Nairobi
Avenue Nairobi
Ruins of Mtwapa Creek Kilifi Land’s Offices, Moi Avenue Nairobi
Brooks Quarry Prehistoric Kisumu Cottage Nani Road 150 Karen Nairobi
Site
Songhor Palaeo. site Kisumu Shaffi Mosque Nairobi
Muguruk Arch. site Kisumu Westminister House Nairobi
Old Provincial Kisumu Siri Gurdwara Ramgarhia Nairobi
Commissioner’s Office
District Commissioner’s Kisumu City Park Nairobi
office, Kisumu
Kisumu Police Kisumu City Market Nairobi
Headquarters
Brandman’s House Kisumu Nairobi South Cemetery Nairobi
Kit Mikayi Shrine Kisumu Tom Mboya Statue Nairobi
Ukasi Rock Kitui YWCA International House Nairobi
Nzambani Rock, Kyuluni Kitui Cameo Cinema Building Nairobi
County
Kongo Mosque Kwale Kenyatta Mausoleum Nairobi
Shirazi Kwale Kenyatta International Nairobi
Conference Centre
Tumbe Kwale Makhan Singh House Nairobi
Kaya Bombo Kwale Peponi Road House No.21 Nairobi
Kaya Waa Kwale Kaloleni Estate Streetscape Nairobi
Kaya Sega Kwale Kaloleni Social Hall Nairobi
Kaya Gonja Kwale Nairobi (Kariokor) Cemetery Nairobi
Kaya Jego Kwale Desai House Nairobi
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 KENYA STATE OF ENVIRONMENT REPORT 2019-2021

Name of Site/Monument County Name of Site/Monument County

Kaya Tiwi Kwale City Park Maze and Adjacent Nairobi
Greens
Kaya Mtswakara Kwale Kamukunji Grounds Nairobi
Kaya Diani Kwale Pumwani Community Memorial Nairobi
Hall
Kaya Muhaka Kwale Lanet Prehistoric Site Nakuru
Kaya Galu (Ganzoni) Kwale Italian Church near Kijabe Nakuru
Kaya Kinondo Kwale Hyrax Hill Museum and Site Nakuru
Chale Island Sacred Grove Kwale Kariandusi Nakuru
Shimoni Cave Kwale Italian church near Kijabe Nakuru
Kaya Bogowa Kwale Blixen House Nakuru
Kaya Gandini Kwale Lord Egerton Castle Nakuru
Kaya Mtai Kwale Kapurtay Prehistoric Site Nandi
Dugumura Hill Sacred Kwale St. Peters Catholic Church Narok
Grove
Kaya Kwale Kwale Old Asian School Narok
Kaya Dzombo Kwale Former Italian Barracks Narok
Mrima Hill Sacred Grove Kwale Mount Suswa Caves Narok
Kaya Ukunda Kwale Ole Ntarakwai Cultural Site Narok
Diani Ruins Kwale Emururwai Site Narok
Tiwi Kwale Naibala Cultural Site Narok
Kaya Mstwakara Kwale Laikipia Samburu War Memorial Nyandarua
Garden
Kaya Chonyi Kwale Old Tulaga Colonial Court Nyandarua
(Kinyahwe)
Shimoni Heritage Sites Kwale Mau Mau Fig tree Nyeri
Kaya Chitsanze Kwale Nyeri Provincial Police Nyeri
Headquarters
Parcel No. 690 Block 1, Lamu Nyeri Club Nyeri
Lamu Island
Takwa Milinga Ruins Lamu White Rhino Hotel, Nyeri Nyeri
Pate Ruins Lamu Tumu Tumu P.C.E.A Church, Nyeri
Nyeri
Ishakani III Lamu P.C.E.A. Tumu Tumu Secretary’s Nyeri
Office, Nyeri
Ishakani II Lamu Mau Mau Mass Grave Nyeri
Ishakani I Lamu Mau Mau Cave Nyeri
Shanga Lamu African Retail Traders Store Nyeri
Omwe Lamu New District Commissioner’s Nyeri
Office, Nyeri
208
 KENYA STATE OF ENVIRONMENT REPORT 2019-2021

Name of Site/Monument County Name of Site/Monument County

Kiunga Lamu Nyeri Old Clock Tower Nyeri
Lamu Fort Lamu Nyeri Court Nyeri
Historic Lamu Town Lamu Ruringu Police Station Nyeri
Mambore Lamu Ruringu Old African Court Nyeri
Riadha Pillar Lamu The Baden Powell Grave Nyeri
Siyu Lamu Pax-Tu Building Nyeri
Jamia of Siyu Lamu St Peter’s Anglican Church, Nyeri
Nyeri
Lango la Shee of Siyu Lamu St. Cuthbert’s P.C.E.A. Church, Nyeri
Nyeri
Bwana Bakari Mosque Lamu Mathari Catholic Mission Nyeri
Church, Nyeri
Manda Town Ruins Lamu Italian Memorial Church, Nyeri Nyeri
Faza Lamu Italian Servants’ Wall Monument Nyeri
Mwana Lamu Queen Elizabeth Monument Nyeri
Lamu District Vetenary Lamu Dedan Kimathi’s Trench Nyeri
Office Block (Kahigaini)
Lamu Water Catchment Lamu Karima Hill Nyeri
Area
Kitau Manda Skyline Lamu Burguret Mau Mau Shelter Nyeri
Riyadha Mosque and Lamu Naromoru Mau Mau Cave Nyeri
Grounds
Machakos DC’s Residence Machak Mau Mau Trench Nyeri
os
Paul Ngei’s Mausoleum Machak Thingine Traditional Shrine Nyeri
os
Oldonyo Sabuk House, Machak Mau Mau Cave at Gatei Nyeri
Kilima Mbogo os
African Heritage House Machak Wamutitu Mau Mau Cave Nyeri
os
Kivaa Sacred Site Machak Kahuru River Mau Mau Caves Nyeri
os
Kitonyeo Kya Kivaa Sacred Machak Kariba Mau Mau Caves Nyeri
Site os
Kitonyeo Kya Twamiao Machak Mau Mau Mass Grave at Gikondi Nyeri
Sacred Site os
Kitonyeo Kya Kasulo Machak Historic Travellers Camp Site Nyeri
Sacred Site os (Tigithi Muiru)
Kitonyeo Kya Kithoni Machak Naromuro St. Phillips ACK Nyeri
Sacred Site os Church

209
 KENYA STATE OF ENVIRONMENT REPORT 2019-2021

Name of Site/Monument County Name of Site/Monument County

Kitonyeo Kya Ngaasini Machak Old District Commissioner’s Nyeri
Sacred Site os Office Nyeri
Paul Ngei Mausoleum Machak Kenyatta House- Maralal Samburu
os
The First District Machak Jaramogi Oginga Odinga Siaya
Commissioner’s Office, os Mausoleum
Machackos
Kaya Bate Kilifi Got Ramogi Hill Siaya
Kaya Bura Kilifi East Alego Nyangoma Kogelo Siaya
Kaya Mayowe Kilifi Old St. Marks A.C.K. Sagala Taita
Church Taveta
Kaya Singwaya Kilifi First Old District Commisioner’s Taita
House Taveta Taveta
Muyu wa Kae,Swahili Kilifi Taveta ACK Holy Trinity Church, Taita
Settlement Mahoo Taveta
Two Malindi pillars Kilifi German Fortress Taita
Taveta
First Sir Ali Bin Salim Kilifi Voi Commonwealth War Graves Taita
Primary School Building Taveta
Malindi
Marafa Depressions Kilifi Maktau Indian Commonwealth Taita
War Graves Taveta
Kaya Dagamura Kilifi Taveta Indian Commonwealth Taita
War Graves Taveta
Bildad Kaggia’s Murang’ Taveta Indian Military Cemetry Taita
Mausoleum a Taveta
Ichagaki Parish Church Murang’ Taveta Commonwealth War Taita
a Graves Taveta
Sibiloi National Park Marsabi Taveta ACK Graves Taita
t Taveta
El Molo Shrines Marsabi Maktau Railway Station Taita
t Taveta
Moite Ceremonial Site Marsabi Maktau Picket Hill Taita
t Taveta
Kaldera (The Birds Island) Marsabi Salaita Hill Taita
t Taveta
Gaalgulumme Site Marsabi Kino Caves (Kenyatta Caves) Taita
t Taveta
Ardha Gadamoji Site Marsabi Shaka ruins Tana River
t

210
 KENYA STATE OF ENVIRONMENT REPORT 2019-2021

Name of Site/Monument County Name of Site/Monument County

Garab Gudo Marsabi Kwa Wanawali Saba Tana River
t
Dabel Ceremonial Site Marsabi Kwa Ungwana wa Mashaa Tana River
t
Njuri Nceke Building, Meru Meru Methodist Church, Hola Mission Tana River
Thaai Sacred Lake Meru Mau Mau Memorial Site, Hola Tana River
Nkunga Sacred Lake Meru Kibuka Sacred Site Tharaka
Nithi
Bututia Sacred Lake Meru Gakuuni Sacred Site Tharaka
Nithi
Giitune Sacred Forest Meru Mukurwairwiga Sacred Site Tharaka
Nithi
M’Mwenda Mau Mau Cave Meru Manyirani Sacred Site Tharaka
Nithi
Ndurumo ya Nkari Sacred Meru Ndiairi Sacred Site Tharaka
Site Nithi
Ndurumo ya Gakiriro Meru Maragwa Sacred Site Tharaka
Sacred Site Nithi
Thimlich Ohingas Migori Ururuni Sacred Site Tharaka
Nithi
Macalder Mines Migori Ikwa Sacred Site Tharaka
Nithi
Jumaa Mosque Mombas Kiegege Sacred Site Tharaka
a Nithi
Luziwa Mombas Nariokotome Site Turkana
a
Nossa Senhora Mombas Sirikwa Holes Uasin Gishu
a
Ras Uwani Mombas Abatondo Sacred Forest Vihiga
a
Bwana Tamu Mombas Oluchiri Sacred Grove Vihiga
a
Ras Mtangawanda Mosque Mombas Asubwe Sacred Grove Vihiga
a
Bwana Shali Patani Mombas Orahey Wells Complex Wajir
a
Old Watch Towers Mombas Orahey War Bunker Wajir
a
Pillar Tomb Mombas Italian War Ties Wajir
a

211
 KENYA STATE OF ENVIRONMENT REPORT 2019-2021

Name of Site/Monument County Name of Site/Monument County

Shatin Tomb Mombas Kenya Armed Forces Old Wajir
a Comrades Association
(KAFOCA) Building
Kisauni Bell Tower Mombas Officers Mess Building Wajir
a
Mbaraki Pillar Mombas Commonwealth Graves Site Wajir
a
Old Law Courts Mombas Armory Wajir
a
Historic Old Town, MSA Mombas Former District Commissioner’s Wajir
a Office
Portuguese Shipwreck Mombas District Registrar of Person’s Wajir
a Office
Redoubt Mombas
a

212
 KENYA STATE OF ENVIRONMENT REPORT 2019-2021

ANNEX 2: GAZETTED FORESTS IN KENYA AS AT 31ST DECEMBER, 2017

No Forest County LEGAL NOTICE
NO.
1 Chebartigon Baringo 15/1949
2 Chepkuchumo Baringo 27/1962
3 Cherial Baringo 15/1949
4 Kabarak Baringo 27/1962
5 Kabiok Baringo 15/1949
6 Kaisungor Baringo 102/1941
7 Kaptimom Baringo 15/1949
8 Katimok Baringo 19/1949
9 Ketnwan Baringo 15/1949
10 Kinyo Baringo 15/1949
11 Kiptaber Baringo 49/1967
12 Marop Baringo 15/1949
13 Mosegem Baringo 15/1949
14 Mtarakwa Baringo 15/1949
15 Kiplombe Hills Baringo 2/1936
16 Mukutani Baringo 1470/2017
17 Pemwai Baringo 15/1949
18 Mukobe Baringo 27//1962
19 Perkerra Koibatek/Baringo 27//1962
20 Saimo Baringo 15/1949
21 Saino Baringo 15/1949
22 Sekenwo Baringo 27//1962
23 Sokta Hill Baringo 15/1949
24 Tarambas Hill Baringo 15/1949
25 Tutwon Baringo 15/1949
26 Mumbaka Busia 284/1986
27 Wanga Busia 286/1986
28 Namuluku Busia 285/1986
29 Nanyungu Busia 283/1986
30 Gembe Homa Bay 141/2017
31 Simenya Homa Bay 172/2017
32 Rabour Hills Homa Bay 173/2017
33 Ruri Hills Homa Bay 144/2017
34 Kolosasi Homa Bay 174/2017
35 Rangwa Hills Homa Bay 124/2017
36 Gwassi Hills Homa Bay 102/1941
37 God Nyaingu Homa Bay 125/2017
213
 KENYA STATE OF ENVIRONMENT REPORT 2019-2021

No Forest County LEGAL NOTICE

NO.
38 Kodera Homa Bay 126/2017
39 God Jope Homa Bay 127/2017
40 Asego Hills Homa Bay 128/2017
41 Nyasore Homa Bay 129/2017
42 Samanga Hill Homa Bay 130/2017
43 God Kopalo Homa Bay 131/2017
44 Urianda Hills Homa Bay 132/2017
45 Aywaya Hills Homa Bay 133/2017
46 Nyakayiemba Homa Bay 134/2017
47 Lugongo Homa Bay 135/2017
48 Homa Hills Homa Bay 136/2017
49 Chabera Homa Bay 137/2017
50 Agai Hill Homa Bay 138/2017
51 Kamondi Hill Homa Bay 139/2017
52 Onoo Water Point Homa Bay 102/1941
53 Mfangano Homa Bay 140/2017
54 Maeta Homa Bay 102/1941
55 Kegonga Homa Bay 139/1995
56 Got Okombo Homa Bay 142/2017
57 God Oogo Homa Bay 143/2017
58 Wire Homa Bay 36/2013
59 Embakasi Kajiado 102/1941
60 Loitokitok Kajiado 221/1977
61 Namangahill Kajiado 304/1979
62 Ngong Hills Kajiado 90/1985
63 Ololua Kajiado 102/1941
64 Bunyala Kakamega 421/1956
65 Kakamega Kakamega 14/1933
66 Lugari Kakamega 3/1977
67 Maragoli Kakamega 266/1957
68 Misango Kakamega 28/2013
69 Malava Kakamega 14/1933
70 Turbo Kakamega & Uasin Gidhu 145/1968
71 Kapchorua 1 Elegeyo Marakwet 102/1941
72 Kapchorua11 Elegeyo Marakwet 102/1941
73 Kaptagat Elegeyo Marakwet 57/1941
74 Kessop Elegeyo Marakwet 102/1941
75 Kipkabus Elegeyo Marakwet 64/1961

214
 KENYA STATE OF ENVIRONMENT REPORT 2019-2021

No Forest County LEGAL NOTICE

NO.
76 Kipkabus Elegeyo Marakwet 57/1941
77 Metkei Elegeyo Marakwet 26/1954
78 Kapchemutwa Elegeyo Marakwet 102/1941
79 Cheboyit Elegeyo Marakwet 102/1941
80 Embobut Elegeyo Marakwet 26/1954
81 Kaisungor Elegeyo Marakwet 102/1941
82 Kiptanurr Elegeyo Marakwet 102/1941
83 Kiptaberr Elegeyo Marakwet 102/1941
84 Tigwa Hill Elegeyo Marakwet 26/1954
85 Toropket Elegeyo Marakwet 102/1941
86 Tumeya Elegeyo Marakwet 64/1961
87 Sogotio Elegeyo Marakwet 102/1941
88 Chemurokoi Elgeyo Marakwet 102/1941
89 Kererr Elgeyo Marakwet 26/1954
90 Chepalungu Kericho 360/1956
91 Londiani Kericho 102/1941
92 Dagoretti Kiambu 104/1938
93 Escarpment Kiambu 57/1941
94 Kamiti Kiambu 14/1933
95 Kiambu Kiambu 44/1932
96 Kikuyu Escarpment Kiambu 48/1943
97 Muguga Kiambu 104/1938
98 Nyamweru Kiambu 57/1941
99 Boni Ijara Garissa 262/2017
100 Ribe(Kaya) Kilifi 88/1994
101 Jibana (Kaya) Kilifi 88/1994
102 Arabuko Sokoke Kilifi 48/1943
103 Kambe Kaya Kilifi 88/1994
104 Chonyi Kaya Kilifi 88/1994
105 Molinduko Kirinyaga 385/1994
106 Njukiini West Kirinyaga 385/1994
107 Karateng Kisumu 175/2017
108 Nuu Kitui 303/1961
109 East Ngamba Kitui 101/1978
110 Endau Kitui 102/1941
111 Gaikuyu Kitui 253/1993
112 Maai Kitui 26/2013
113 Imbachakuyu Kitui 321/1993
114 Makongo Kitui 303/1961
215
 KENYA STATE OF ENVIRONMENT REPORT 2019-2021

No Forest County LEGAL NOTICE

NO.
115 Mumoni Kitui 253/1993
116 Mutito Hill Kitui 25/1962
117 Mutha Kitui 25/2013
118 Ngamba Kitui 303/1961
119 Chemorogok Koimbatek 15/1949
120 Kilombe Hill Koimbatek 13181
121 Lembus Koimbatek 280/1959
122 Maji Mazuri Basringo 44/1932
123 Mt. Londiani Kericho 44/1932
124 Kamuthetu Tharaka-Nithi 181/2017
125 Karagwaru Hill Tharaka-Nithi 182/2017
126 Mutaragwa Hill Tharaka-Nithi 179/2017
127 Gitugu Hill Tharaka-Nithi 180/2017
128 Kaura Hill Tharaka-Nithi 183/2017
129 Mariene Hill Tharaka-Nithi 184/2017
130 Muugi Hill Tharaka-Nithi 185/2017
131 Nkarini Hill Tharaka-Nithi 186/2017
132 Rwara Wa Takiutha Tharaka-Nithi 187/2017
133 Tunyai Hill Tharaka-Nithi 188/2017
134 Karauri Hill Tharaka-Nithi 189/2017
135 Kiunguni Hill Tharaka-Nithi 190/2017
136 Gambare Hill Tharaka-Nithi 191/2017
137 Mukeria Hill Tharaka-Nithi 192/2017
138 Kamanyole And Rancha Tharaka-Nithi 193/2017
139 KIAMARA & Ranchai Tharaka-Nithi 194/2017
140 Mwarera &Irigo Tharaka-Nithi 195/2017
141 Kaguma & Njiru Tharaka-Nithi 196/2017
142 Ntamaini & Inarua Kwale 197/2017
143 Buda Kwale 44/1932
144 Gogoni Kwale 44/1932
145 Gonja Kwale 304/1961
146 Shimba Hills Kwale 407/1956
147 Jombo Kwale 102/1941
148 Mailuganji Kwale 107/1941
149 Marenji Kwale 44/1932
150 Mkongani North Kwale 406/1956
151 Mkongani West Kwale 406/1956
152 Mrima Kwale 304/1961
153 Mwachi Kwale 104/1938
216
 KENYA STATE OF ENVIRONMENT REPORT 2019-2021

No Forest County LEGAL NOTICE

NO.
154 Laliak Laikipia 44/1932
155 Lusoi Laikipia 215/1984
156 Muruai Laikipia 177/2017
157 Marmanet Laikipia 44/1932
158 Kirima Laikipia 178/2017
159 Rumuruti Laikipia 44/1932
160 Ol Arabel Laikipia 107/1941
161 Mukogodo Laikipia 89/1937
162 Uaso Narok Laikipia 386/1960
163 Ndare Meru 44/1932
164 Mangrove Swamps Tana River Kilifi, 44/1932
Lamu&Mombasa
165 Mbalambala Tana River 40/2013
166 Hirimani Tana River 196/2017
167 Hewani Tana River 30/2013
168 Kokani Tana River 32/2013
169 Mwina Tana River 31/2013
170 Bangali Tana River 39/2013
171 Wayu Tana River 29/2013
172 Witu Lamu & Tana River 454/1932
173 Ikilisa Machakos 532/1960
174 Iveti Machakos 14/1933
175 Nduluni-Kalani Machakos 532/1960
176 Uuni Machakos 532/1960
177 Kalimani Makueni 532/1960
178 Katende Makueni 532/1960
179 Kemeto Makueni 15/1949
180 Kenze Makueni 532/1960
181 Kibwezi Makueni 80/1936
182 Kilala Makueni 532/1960
183 Kilungu Makueni 14/1933
184 Kiongwani Makueni 532/1960
185 Kioo Makueni 532/1960
186 Kiteta Hill Makueni 14/1933
187 Kithendu Makueni 532/1960
188 Kitondu Makueni 532/1960
189 Kitoo Makueni 532/1960
190 Kitumbuuni Makueni 532/1960
191 Kiu (Ngungu) Makueni 532/1960
217
 KENYA STATE OF ENVIRONMENT REPORT 2019-2021

No Forest County LEGAL NOTICE

NO.
192 Kyai Makueni 532/1960
193 Momandu Makueni 20271
194 Mutuia Makueni 532/1960
195 Nzaui Makueni 532/1960
196 South Mbooni Makueni 14/1932
197 Kyemundu Makueni 532/1960
198 Tulimani Makueni 532/1960
199 Utangwa Makueni 532/1960
200 Utunene Makueni 532/1960
201 Nthangu Makueni 532/1960
202 Nthoani Makueni 27/2013
203 Mataa Makueni 532/1960
204 Ndatai Makueni 532/1960
205 North Mbooni Makueni 14/1933
206 Waiya Makueni 532/1960
207 Makongo Makueni 532/1960
208 Makuli Nguuta Makueni 532/1960
209 Mandunguni Malindi 109/2004
210 Boni Lungi Lamu 261/2017
211 Panda Nguo Lamu 263/2017
212 Marsabit Marsabit 44/1932
213 Lodwar Town Turkana 198/2017
214 Kakuma Turkana 149/2017
215 Loima Hill Turkana 264/2017
216 Kiagu Meru 335/1959
217 Kibithewa Meru 335/1959
218 Kieiga Meru 335/1959
219 Kierera Meru 335/1959
220 Kijegge Meru 335/1959
221 Kikingo Meru 335/1959
222 Maatha Meru 335/1959
223 Meru (Lower Imenti) Meru 104/1938
224 Meru (Upper Imenti) Meru 104/1938
225 Thunguri Hills Meru 335/1959
226 Munguni Meru 335/1959
227 Mutejwa Meru 335/1959
228 Mutharanga Meru 335/1959
229 Ngaia Meru 335/1959
230 Njuguni Meru 335/1959
218
 KENYA STATE OF ENVIRONMENT REPORT 2019-2021

No Forest County LEGAL NOTICE

NO.
231 Ntugi Meru 335/1959
232 Nyambene Meru 335/1959
233 Thuuri Meru 335/1959
234 Timau Meru 335/1959
235 Kimanyi Migori 34/2013
236 Marabu Magina Migori 219/1992
237 Mukuro Migori 284/1986
238 Migori Town Migori 200/2017
239 God Bim Migori 201/2017
240 God Kogalo Migori 202/2017
241 Biangongo Hill Migori 203/2017
242 Nyangena Hill Migori 204/2017
243 Nyamarere Migori 205/2017
244 Agongo Hill Migori 206/2017
245 Nyandwi Migori 207/2017
246 Tigira Hill Migori 208/2017
247 Obembo Migori 209/2017
248 Otacho Migori 219/1992
249 Sagegi Hill Migori 219/1992
250 Got Achama Migori 210/2017
251 Got Keyo Migori 211/2017
252 Got Otaro Migori 33/2013
253 Getambwega Hill Migori 212/2017
254 Omange Hill Migori 213/2017
255 Nyalgwena Hill Migori 214/2017
256 Makarangwe Hill Migori 215/2017
257 Marabu-Magina Migori 219/1992
258 Tarangwiti Hill Migori 216/2017
259 Kebaroti Hill Migori 218/2017
260 Kwa Hill Migori 219/1992
261 Rabour Migori 219/1992
262 Giribe Migori 219/1992
263 God Agulu Migori 139/1995
264 God Kwach Migori 139/1995
265 Nyasumbi Migori 139/1995
266 Nyaitara Migori 80/1997
267 Raga Migori 218/2017
268 Ranen Migori 37/2013
269 God Kwer Migori 37/2013
219
 KENYA STATE OF ENVIRONMENT REPORT 2019-2021

No Forest County LEGAL NOTICE

NO.
270 Kuja Bull Camp Migori 38/2013
271 Kagure Muranga 185/1961
272 Karaini Muranga 385/1994
273 Karua(A) Muranga 185/1961
274 Karua(B) Muranga 185/1961
275 Karua© Muranga 185/1961
276 Kiambicho Muranga 185/1961
277 Kiamuti Muranga 185/1961
278 Karura Nairobi 44/1932
279 Arboretum(Nbi) Nairobi 44/1932
280 Ngong Road Nairobi 44/1932
281 Amara Nakuru 69/2012
282 Bahati Nakuru 44/1932
283 Eastern Mau Nakuru 57/1941
284 Eburu Nakuru 44/1932
285 Kijabe Hill Nakuru 184/1980
286 Mau Narok Nakuru 110/1967
287 Menengai Nakuru 127/1977
288 Likia Extension Nakuru 68/2012
289 Nakuru Nakuru 128/1977
290 South Western Mau Kerich,Bomet & Nakuru 44/1932
291 Western Mau Nakuru &Kericho 44/1932
292 West Molo Nakuru 44/1932
293 Transmara Narok 102/1941
294 Olposimoru Narok 196/1957
295 South Western Mau Narok 44/1932
296 Bonjoge Nandi 371/1984
297 Nandi North Nandi 76/1936
298 South Nandi Nandi 76/1936
299 Ururu Nandi 76/1936
300 Kaptaroi Nandi 76/1936
301 Teressia Nandi 76/1936
302 Kipipiri Nyandarua 218/1956
303 Ol Bolossat Nyandarua 104/1938
304 Magumo North Nyandarua 253/1978
305 Magumo South Nyandarua 305/1979
306 Muruai Nyandarua 177/2017
307 Kirima Nyandarua 178/2017

220
 KENYA STATE OF ENVIRONMENT REPORT 2019-2021

No Forest County LEGAL NOTICE

NO.
308 Aberdare Nyandarua/Nyeri/Muranga 48/1943
309 Kiganjo Nyeri 44/1932
310 Nyeri Municipality Nyeri 200/1987
311 Nyeri Hill Nyer 26/1944
312 Nyeri Nyeri 44/1932
313 Muringato Nursery Nyeri 44/1932
314 South Laikipia Nyeri 44/1932
315 Mount Kenya Nyeri, Meru, Embu and 48/1943
Kirinyaga
316 Mathews Range Samburu 454/1956
317 Ndotos Range Samburu 454/1956
318 Mount Nyiru Samburu 454/1956
319 Leroghi Samburu 13181
320 Abiero Siaya 42/2013
321 Ramogi Siaya 42/2013
322 Lambwe Suba 43/2013
323 Insaria Kisii 117/2017
324 Nyangweta Kisii 119/2017
325 Ndomyo Kisii 120/2017
326 Ngeri Hill Kisii 121/2017
327 Ritumbe Kisii 122/2017
328 Basi/Masige Forest Kisii 123/2017
Nursery
329 Mdengu Taita Taveta 235/1991
330 Ngangao Taita Taveta 125/1991
331 Choke(Mnjonyi) Taita Taveta 235/1991
332 Figi Taita Taveta 235/1991
333 Fururu Taita Taveta 235/1991
334 Goye Taita Taveta 235/1991
335 Kasigau Taita Taveta 102/1941
336 Kilulunyi Taita Taveta 235/1991
337 Kinyesha Mvua Taita Taveta 235/1991
338 Kulundu Taita Taveta 235/1991
339 Macha Taita Taveta 235/1991
340 Ngomenyi Taita Taveta 235/1991
341 Mbili Taita Taveta 235/1991
342 Mchungunyi Taita Taveta 235/1991
343 Modagache(Weni- Taita Taveta 235/1991

221
 KENYA STATE OF ENVIRONMENT REPORT 2019-2021

No Forest County LEGAL NOTICE

NO.
Tole)
344 Mtege Taita Taveta 235/1991
345 Mwachora Taita Taveta 235/1991
346 Mwakamu Taita Taveta 235/1991
347 Weni Mbogho Taita Taveta 235/1991
348 Yale Taita Taveta 235/1991
349 Susu Taita Taveta 235/1991
350 Weni Mwana Taita Taveta 235/1991
351 Mwandongo Taita Taveta 235/1991
352 Ndiwenyi Taita Taveta 235/1991
353 Kapolet Trans-Nzoia 57/1941
354 Kitalale Trans-Nzoia 128/1977
355 Sekhendu Trans-Nzoia 152/1977
356 Kitale Township Trans-Nzoia 44/1932
357 Mount Elgon Trans-Nzoia & Bungoma 44/1932
358 Eldolet 1 & 11 Uasin Gishu 258/1966
359 Kapsaret Uasin Gishu 44/1932
360 Nabkoi Uasin Gishu 44/1932
361 Timboroa Uasin Gishu 44/1932
362 Tinderet Uasin Gishu, Kericho & Nandi 44/1932
363 Tumeya Uasin Gishu 57/1941
364 Maragoli Vihiga 266/1957
365 Kapkanyar West Pokot 49/1967
366 Lelan West Pokot 128/1958
367 Mnangei/Siyoi West Pokot 22/2013
368 Makunga Bungoma 23/2013
369 Mulinduko Embu 385/1994
370 Maranga Embu 24/2013

222
 KENYA STATE OF ENVIRONMENT REPORT 2019-2021

ANNEX 3: COUNTY MAPPING ON LEGAL AND INSTITUTIONAL ARRANGEMENTS

Coun Financing Locally Led Climate Change Action (FLLCOA) Programme -County CCF institutional arrangements Memb
ty Mapping on Legal & Institutional Arrangements ership
Nam of
e region
Cli Cli Cli Clim C DRM Any M Munic Gazze Signed CCC Coun ward Rural Urba al
mat mat mat ate IS Acts/ other & ipality ted Forest F ty com ward n econo
e e e Chan pl Plans legislati E Act/Pl Count Transiti Legis Clim mitte com ward mic
Cha Cha Cha ge a on/Plan un an y on lation ate e mitte com blocs
nge nge nge Unit n s its Enviro Implem Chan e mitte
Act Poli Acti estab nment entation ge e
cy on lishe Com Plans plan
Pla d mittee ning
n com
mitte
e
Mom No No No No Yes Yes No Jumuia
basa ya
Kaunti
za
Pwani
Kwal No In No Yes Y Yes Yes No Jumuia
e devt E ya
S Kaunti
za
Pwani
Kilifi In No No In dev N ye Yes Yes In Jumuia
devt o s devt ya
Kaunti
za
Pwani
Tana Yes No FCDC,
River Jumuia
ya
Kaunti
za
Pwani

223
 KENYA STATE OF ENVIRONMENT REPORT 2019-2021

Coun Financing Locally Led Climate Change Action (FLLCOA) Programme -County CCF institutional arrangements Memb
ty Mapping on Legal & Institutional Arrangements ership
Nam of
e region
Cli Cli Cli Clim C DRM Any M Munic Gazze Signed CCC Coun ward Rural Urba al
mat mat mat ate IS Acts/ other & ipality ted Forest F ty com ward n econo
e e e Chan pl Plans legislati E Act/Pl Count Transiti Legis Clim mitte com ward mic
Cha Cha Cha ge a on/Plan un an y on lation ate e mitte com blocs
nge nge nge Unit n s its Enviro Implem Chan e mitte
Act Poli Acti estab nment entation ge e
cy on lishe Com Plans plan
Pla d mittee ning
n com
mitte
e
Lamu No No in dev Yes No Yes FCDC,
Jumuia
ya
Kaunti
za
Pwani
Taita No No No No N Ye Yes Yes Jumuia
Tavet o s ya
a Kaunti
za
Pwani
Garis No In In Yes Y The Yes No Yes Yes Yes Yes FCDC
sa devt devt es Garissa
County
Environ
mental
Manage
ment and
Co-
ordinatio
n Act,
2018
Wajir Yes No No No Y Yes ye Yes Yes Yes Yes Yes Yes Yes FCDC

224
 KENYA STATE OF ENVIRONMENT REPORT 2019-2021

Coun Financing Locally Led Climate Change Action (FLLCOA) Programme -County CCF institutional arrangements Memb
ty Mapping on Legal & Institutional Arrangements ership
Nam of
e region
Cli Cli Cli Clim C DRM Any M Munic Gazze Signed CCC Coun ward Rural Urba al
mat mat mat ate IS Acts/ other & ipality ted Forest F ty com ward n econo
e e e Chan pl Plans legislati E Act/Pl Count Transiti Legis Clim mitte com ward mic
Cha Cha Cha ge a on/Plan un an y on lation ate e mitte com blocs
nge nge nge Unit n s its Enviro Implem Chan e mitte
Act Poli Acti estab nment entation ge e
cy on lishe Com Plans plan
Pla d mittee ning
n com
mitte
e
es s
Mand In No No Yes Yes FCDC
era devt
Mars No No Yes Yes Yes FCDC
abit
Isiolo Yes No No No ye yes Ye In devt Yes Yes 2018 Yes Yes Yes FCDC
s s
Meru In In In Yes Yes Yes Mt.
devt devt devt Kenya
and
Aberd
ares
Region
Econo
mic
Bloc
Thara Yes in No Yes n Yes No Yes Yes No No Mt.
ka- devt o Kenya
Nithi and
Aberd
ares
Region
Econo

225
 KENYA STATE OF ENVIRONMENT REPORT 2019-2021

Coun Financing Locally Led Climate Change Action (FLLCOA) Programme -County CCF institutional arrangements Memb
ty Mapping on Legal & Institutional Arrangements ership
Nam of
e region
Cli Cli Cli Clim C DRM Any M Munic Gazze Signed CCC Coun ward Rural Urba al
mat mat mat ate IS Acts/ other & ipality ted Forest F ty com ward n econo
e e e Chan pl Plans legislati E Act/Pl Count Transiti Legis Clim mitte com ward mic
Cha Cha Cha ge a on/Plan un an y on lation ate e mitte com blocs
nge nge nge Unit n s its Enviro Implem Chan e mitte
Act Poli Acti estab nment entation ge e
cy on lishe Com Plans plan
Pla d mittee ning
n com
mitte
e
mic
Bloc
Emb No No No No N ye Yes Yes In Mt.
u o s devt Kenya
and
Aberd
ares
Region
Econo
mic
Bloc
Kitui In No yes ye Ye Yes Yes Yes Yes Yes Yes South
devt s s Easter
n
Kenya
Econo
mic
Bloc
Mach No No Yes Yes No South
akos Easter
n
Kenya
Econo

226
 KENYA STATE OF ENVIRONMENT REPORT 2019-2021

Coun Financing Locally Led Climate Change Action (FLLCOA) Programme -County CCF institutional arrangements Memb
ty Mapping on Legal & Institutional Arrangements ership
Nam of
e region
Cli Cli Cli Clim C DRM Any M Munic Gazze Signed CCC Coun ward Rural Urba al
mat mat mat ate IS Acts/ other & ipality ted Forest F ty com ward n econo
e e e Chan pl Plans legislati E Act/Pl Count Transiti Legis Clim mitte com ward mic
Cha Cha Cha ge a on/Plan un an y on lation ate e mitte com blocs
nge nge nge Unit n s its Enviro Implem Chan e mitte
Act Poli Acti estab nment entation ge e
cy on lishe Com Plans plan
Pla d mittee ning
n com
mitte
e
mic
Bloc
Maku Yes In No yes ye Yes Ye Yes Yes 2015 Yes Yes Yes South
eni devt s s Easter
n
Kenya
Econo
mic
Bloc
Nyan No No N0 in dev Yes No Mt.
daru Kenya
a and
Aberd
ares
Region
Econo
mic
Bloc
Nyeri In Yes ye Yes Yes Mt.
devt s Kenya
and
Aberd
ares

227
 KENYA STATE OF ENVIRONMENT REPORT 2019-2021

Coun Financing Locally Led Climate Change Action (FLLCOA) Programme -County CCF institutional arrangements Memb
ty Mapping on Legal & Institutional Arrangements ership
Nam of
e region
Cli Cli Cli Clim C DRM Any M Munic Gazze Signed CCC Coun ward Rural Urba al
mat mat mat ate IS Acts/ other & ipality ted Forest F ty com ward n econo
e e e Chan pl Plans legislati E Act/Pl Count Transiti Legis Clim mitte com ward mic
Cha Cha Cha ge a on/Plan un an y on lation ate e mitte com blocs
nge nge nge Unit n s its Enviro Implem Chan e mitte
Act Poli Acti estab nment entation ge e
cy on lishe Com Plans plan
Pla d mittee ning
n com
mitte
e
Region
Econo
mic
Bloc
Kirin In Yes Disaster Yes No In dev Mt.
yaga devt Manage Kenya
ment Bill and
in Dev Aberd
ares
Region
Econo
mic
Bloc
Mura Yes No Mt.
ng'a Kenya
and
Aberd
ares
Region
Econo
mic
Bloc
Kiam Yes Yes Yes Mt.

228
 KENYA STATE OF ENVIRONMENT REPORT 2019-2021

Coun Financing Locally Led Climate Change Action (FLLCOA) Programme -County CCF institutional arrangements Memb
ty Mapping on Legal & Institutional Arrangements ership
Nam of
e region
Cli Cli Cli Clim C DRM Any M Munic Gazze Signed CCC Coun ward Rural Urba al
mat mat mat ate IS Acts/ other & ipality ted Forest F ty com ward n econo
e e e Chan pl Plans legislati E Act/Pl Count Transiti Legis Clim mitte com ward mic
Cha Cha Cha ge a on/Plan un an y on lation ate e mitte com blocs
nge nge nge Unit n s its Enviro Implem Chan e mitte
Act Poli Acti estab nment entation ge e
cy on lishe Com Plans plan
Pla d mittee ning
n com
mitte
e
bu Kenya
and
Aberd
ares
Region
Econo
mic
Bloc
Turk Yes in Ye Yes Yes NORE
ana dev s B
West Yes Yes NORE
Pokot B
Samb No No No No ye Yes No NORE
uru s B
Trans No In No Yes In No Ye Yes Yes LREB,
Nzoia devt d s NORE
ev B
t
Uasin No No No Yes Environ Yes Yes NORE
Gish ment B
u Policy
Elge Yes Yes Yes Yes NORE
yo- B

229
 KENYA STATE OF ENVIRONMENT REPORT 2019-2021

Coun Financing Locally Led Climate Change Action (FLLCOA) Programme -County CCF institutional arrangements Memb
ty Mapping on Legal & Institutional Arrangements ership
Nam of
e region
Cli Cli Cli Clim C DRM Any M Munic Gazze Signed CCC Coun ward Rural Urba al
mat mat mat ate IS Acts/ other & ipality ted Forest F ty com ward n econo
e e e Chan pl Plans legislati E Act/Pl Count Transiti Legis Clim mitte com ward mic
Cha Cha Cha ge a on/Plan un an y on lation ate e mitte com blocs
nge nge nge Unit n s its Enviro Implem Chan e mitte
Act Poli Acti estab nment entation ge e
cy on lishe Com Plans plan
Pla d mittee ning
n com
mitte
e
Mara
kwet
Nand In yes In No N Ye Yes Yes In LREB,
i devt devt o s devt NORE
B
Barin ye Yes Yes NORE
go s B
Laiki No Yes Yes Yes Mt.
pia Kenya
and
Aberd
ares
Region
Econo
mic
Bloc
Naku Yes ye Yes Yes Mt.
ru s Kenya
and
Aberd
ares
Region
Econo

230
 KENYA STATE OF ENVIRONMENT REPORT 2019-2021

Coun Financing Locally Led Climate Change Action (FLLCOA) Programme -County CCF institutional arrangements Memb
ty Mapping on Legal & Institutional Arrangements ership
Nam of
e region
Cli Cli Cli Clim C DRM Any M Munic Gazze Signed CCC Coun ward Rural Urba al
mat mat mat ate IS Acts/ other & ipality ted Forest F ty com ward n econo
e e e Chan pl Plans legislati E Act/Pl Count Transiti Legis Clim mitte com ward mic
Cha Cha Cha ge a on/Plan un an y on lation ate e mitte com blocs
nge nge nge Unit n s its Enviro Implem Chan e mitte
Act Poli Acti estab nment entation ge e
cy on lishe Com Plans plan
Pla d mittee ning
n com
mitte
e
mic
Bloc
Naro No in No No Y Ye Yes No
k dev es Environ s
ment Act
Kajia Yes Yes
do
Keric ye Yes Yes LREB
ho s
Bome in in in No in No ye Yes Yes in LREB
t devt devt devt d s devt
ev
t
Kaka in yes no No in yes ye Yes Yes in LREB
mega devt d s Devt
ev
t
Vihig Yes yes yes yes n yes The ye Yes Yes yes yes LREB
a o Vihiga s
County
environ
ment
policy,

231
 KENYA STATE OF ENVIRONMENT REPORT 2019-2021

Coun Financing Locally Led Climate Change Action (FLLCOA) Programme -County CCF institutional arrangements Memb
ty Mapping on Legal & Institutional Arrangements ership
Nam of
e region
Cli Cli Cli Clim C DRM Any M Munic Gazze Signed CCC Coun ward Rural Urba al
mat mat mat ate IS Acts/ other & ipality ted Forest F ty com ward n econo
e e e Chan pl Plans legislati E Act/Pl Count Transiti Legis Clim mitte com ward mic
Cha Cha Cha ge a on/Plan un an y on lation ate e mitte com blocs
nge nge nge Unit n s its Enviro Implem Chan e mitte
Act Poli Acti estab nment entation ge e
cy on lishe Com Plans plan
Pla d mittee ning
n com
mitte
e
Vihiga
County
agrofore
stry
policy
Bung Ye Yes Yes LREB
oma s
Busia No In No Yes N Ye Yes Yes in dev LREB
devt o s
Siaya In No Yes Y in Ye yes Yes Yes LREB
devt es devt s
Kisu In yes yes Yes in in Ye yes Yes Yes in LREB
mu devt d devt s devt
ev
t
Hom Yes yes Yes Yes Ye Yes Yes Yes in LREB
a Bay s dev
Migo In In No Yes in Yes Yes No LREB
ri devt devt d
ev
t
Kisii in in in No ye Yes Yes in dev LREB
devt devt devt s

232
 KENYA STATE OF ENVIRONMENT REPORT 2019-2021

Coun Financing Locally Led Climate Change Action (FLLCOA) Programme -County CCF institutional arrangements Memb
ty Mapping on Legal & Institutional Arrangements ership
Nam of
e region
Cli Cli Cli Clim C DRM Any M Munic Gazze Signed CCC Coun ward Rural Urba al
mat mat mat ate IS Acts/ other & ipality ted Forest F ty com ward n econo
e e e Chan pl Plans legislati E Act/Pl Count Transiti Legis Clim mitte com ward mic
Cha Cha Cha ge a on/Plan un an y on lation ate e mitte com blocs
nge nge nge Unit n s its Enviro Implem Chan e mitte
Act Poli Acti estab nment entation ge e
cy on lishe Com Plans plan
Pla d mittee ning
n com
mitte
e
Nya No Yes Yes LREB
mira
Nairo No No
bi

233