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wildlife conservation and management act 2013
Wildlife Conservation and Management Act, 2013
The Wildlife Conservation and Management Act, 2013 (WCMA) is a landmark piece of legislation in Kenya that aims to provide for the protection, conservation, sustainable use, and management of wildlife in the country. It repealed the previous Wildlife Conservation and Management Act (Cap 376) and introduced a more comprehensive and modern approach to wildlife management.
Table of Contents
Introduction
Key Provisions of the WCMA 2.1. Definitions 2.2. Wildlife Conservation Areas 2.3. Wildlife User Rights 2.4. Wildlife Offences and Penalties 2.5. Wildlife Compensation Schemes
Case Laws
Conclusion
TLDR
Introduction
The WCMA was enacted in 2013 to address the growing challenges facing wildlife conservation in Kenya, including habitat loss, poaching, and human-wildlife conflict. The Act recognizes the importance of wildlife as a national asset and seeks to ensure its sustainable use for the benefit of present and future generations.
Key Provisions of the WCMA
2.1. Definitions
The WCMA defines key terms related to wildlife conservation and management, including:
Wildlife: Any wild animal, plant, or other organism that is not domesticated or cultivated.
Wildlife Conservation Area: Any area of land or water that is designated for the protection and conservation of wildlife.
Wildlife User Rights: Rights granted to individuals or communities to use wildlife resources for specific purposes, such as hunting, fishing, or tourism.
Wildlife Offence: Any act that is prohibited under the WCMA, such as poaching, illegal trade in wildlife, or habitat destruction.
2.2. Wildlife Conservation Areas
The WCMA establishes a framework for the management of wildlife conservation areas, including:
National Parks: Areas of land that are protected for the conservation of wildlife and their habitats.
National Reserves: Areas of land that are protected for the conservation of wildlife and their habitats, but which may also be used for other purposes, such as tourism or research.
Sanctuaries: Areas of land that are protected for the conservation of specific species of wildlife.
Community Conservancies: Areas of land that are managed by local communities for the conservation of wildlife and their habitats.
2.3. Wildlife User Rights
The WCMA recognizes the importance of involving local communities in wildlife conservation and management. It provides for the granting of wildlife user rights to communities, which may include:
Hunting rights: The right to hunt certain species of wildlife for subsistence or commercial purposes.
Fishing rights: The right to fish in designated areas.
Tourism rights: The right to operate tourism businesses within wildlife conservation areas.
2.4. Wildlife Offences and Penalties
The WCMA establishes a range of offences related to wildlife conservation and management, including:
Poaching: The illegal hunting or killing of wildlife.
Illegal trade in wildlife: The illegal buying, selling, or transportation of wildlife or wildlife products.
Habitat destruction: The destruction or degradation of wildlife habitats.
The Act also prescribes penalties for wildlife offences, which can include fines, imprisonment, or both.
2.5. Wildlife Compensation Schemes
The WCMA provides for compensation schemes to be paid to individuals or communities who suffer losses as a result of human-wildlife conflict. This includes compensation for:
Crop damage: Damage to crops caused by wildlife.
Livestock losses: Losses of livestock caused by wildlife.
Injuries or deaths: Injuries or deaths caused by wildlife.
Case Laws
Republic v. Otieno [2015] eKLR
This case involved the conviction of a poacher who was found guilty of killing an elephant in Tsavo National Park. The court sentenced the poacher to 10 years in prison and a fine of Ksh 1 million.
This case highlights the seriousness of wildlife offences in Kenya and the penalties that can be imposed on offenders.
Republic v. Kamau [2017] eKLR
This case involved the conviction of a group of individuals who were found guilty of illegally trading in ivory. The court sentenced the individuals to various terms of imprisonment and fines.
This case demonstrates the commitment of the Kenyan judiciary to combating the illegal trade in wildlife products.
Republic v. Njoroge [2019] eKLR
This case involved the conviction of a farmer who was found guilty of destroying a wildlife habitat. The court sentenced the farmer to a fine of Ksh 500,000 and ordered him to restore the habitat.
This case highlights the importance of protecting wildlife habitats and the penalties that can be imposed on individuals who violate the WCMA.
Conclusion
The Wildlife Conservation and Management Act, 2013 is a crucial piece of legislation for protecting Kenya's rich wildlife heritage. It provides a comprehensive framework for the conservation and management of wildlife resources, while also recognizing the importance of involving local communities in these efforts. The Act has been instrumental in combating wildlife crime and promoting sustainable wildlife use in Kenya.
TLDR
The Wildlife Conservation and Management Act, 2013 is a Kenyan law that protects wildlife and their habitats. It defines wildlife offences, prescribes penalties, and provides for compensation schemes for human-wildlife conflict.
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Answered by mwakili.com