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wildlife conservation and management act
Wildlife Conservation and Management Act in Kenya
Introduction
The Wildlife Conservation and Management Act, 2013 (WCMA) is a comprehensive piece of legislation in Kenya that governs the protection, conservation, sustainable use, and management of wildlife. This Act was enacted to address the challenges facing wildlife conservation in Kenya, including habitat loss, poaching, and human-wildlife conflicts. The Act repealed the Wildlife (Conservation and Management) Act, Cap 376, and became operational on January 10, 2014.
Table of Contents
Overview of the Wildlife Conservation and Management Act, 2013
Key Provisions of the Act
Establishment of the Kenya Wildlife Service
Wildlife Conservation and Compensation Committees
Wildlife Research and Training Institute
Community Involvement in Wildlife Conservation
Wildlife User Rights
Offences and Penalties
Relevant Case Laws
Conclusion
Sources
1. Overview of the Wildlife Conservation and Management Act, 2013
The Wildlife Conservation and Management Act, 2013, was enacted to provide a legal framework for the protection, conservation, sustainable use, and management of wildlife in Kenya. The Act applies to all wildlife resources on public, community, and private land, as well as in Kenya's territorial waters. It aims to ensure that wildlife conservation is integrated into national land use planning and that the benefits of wildlife conservation are shared equitably among all stakeholders.
2. Key Provisions of the Act
2.1 Establishment of the Kenya Wildlife Service
The Act establishes the Kenya Wildlife Service (KWS) as a body corporate responsible for the management of wildlife resources and protected areas in Kenya. The KWS is managed by a Board of Trustees and is tasked with the following functions:
Conservation and management of national parks, national reserves, and sanctuaries.
Protection of endangered and threatened species.
Enforcement of wildlife laws and regulations.
Promotion of wildlife research and education.
(Source: Kenya Law Reports ↗)
2.2 Wildlife Conservation and Compensation Committees
The Act establishes County Wildlife Conservation and Compensation Committees in each county. These committees are responsible for:
Advising on the management and conservation of wildlife within the county.
Reviewing and recommending compensation claims for human-wildlife conflicts.
Promoting community participation in wildlife conservation.
(Source: ECOLEX ↗)
2.3 Wildlife Research and Training Institute
The Act establishes the Wildlife Research and Training Institute, which is responsible for conducting research on wildlife conservation and management. The institute also provides training and capacity-building programs for wildlife managers and other stakeholders.
(Source: UNEP ↗)
2.4 Community Involvement in Wildlife Conservation
The Act recognizes the role of local communities in wildlife conservation and promotes their involvement through community conservancies and wildlife associations. It provides for the establishment of community wildlife conservancies and sanctuaries, which are managed by local communities for the conservation and sustainable use of wildlife resources.
(Source: Kenya Biodiversity ↗)
2.5 Wildlife User Rights
The Act provides for the granting of wildlife user rights to individuals and organizations for activities such as game farming, game ranching, and eco-tourism. These rights are subject to strict regulations to ensure that they do not negatively impact wildlife conservation efforts.
(Source: WildlifeDirect ↗)
2.6 Offences and Penalties
The Act outlines various offences related to wildlife conservation, including poaching, illegal trade in wildlife trophies, and destruction of wildlife habitats. It prescribes severe penalties for these offences, including fines and imprisonment, to deter illegal activities and promote compliance with wildlife laws.
(Source: The Star ↗)
3. Relevant Case Laws
3.1 Republic v. Mohamed Abdow Mohamed [2013] eKLR
Parties: Republic (Prosecution) vs. Mohamed Abdow Mohamed (Defendant)
Outcome: The defendant was convicted for being in possession of wildlife trophies without a permit, contrary to the Wildlife Conservation and Management Act, 2013. The court imposed a heavy fine and a prison sentence, emphasizing the need for strict enforcement of wildlife laws to deter poaching and illegal trade in wildlife products.
Relevance: This case highlights the application of the Wildlife Conservation and Management Act, 2013, in prosecuting offences related to illegal possession of wildlife trophies.
(Source: Kenya Law Reports ↗)
3.2 Kenya Wildlife Service v. Rift Valley Agricultural Contractors Limited [2015] eKLR
Parties: Kenya Wildlife Service (Plaintiff) vs. Rift Valley Agricultural Contractors Limited (Defendant)
Outcome: The court ruled in favor of the Kenya Wildlife Service, ordering the defendant to cease activities that were causing environmental degradation and threatening wildlife habitats. The court emphasized the importance of protecting wildlife habitats as mandated by the Wildlife Conservation and Management Act, 2013.
Relevance: This case underscores the role of the Kenya Wildlife Service in enforcing wildlife conservation laws and protecting wildlife habitats from harmful activities.
(Source: Kenya Law Reports ↗)
4. Conclusion
The Wildlife Conservation and Management Act, 2013, is a critical piece of legislation that provides a robust framework for the protection, conservation, sustainable use, and management of wildlife in Kenya. By establishing institutions such as the Kenya Wildlife Service and the Wildlife Research and Training Institute, and by promoting community involvement in wildlife conservation, the Act aims to ensure the long-term survival of Kenya's rich wildlife heritage. The Act also prescribes severe penalties for wildlife-related offences, demonstrating Kenya's commitment to combating poaching and illegal trade in wildlife products.
5. Sources
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