GOVERNANCE IN KENYA FOREST SECTOR By AMBASA ELIJAH P.O BOX 22471-00100, Nairobi. ellyambasa@gmail.com 26TH JUNE,2015 KENYA FOREST SECTOR WORKING GROUP 9/17/2018

OUTLINE Definition of Governance Management of Kenya Forest Challenges of Accountability in management of forest Forest sector funding Recommendation KENYA FOREST SECTOR WORKING GROUP 9/17/2018

Definition of Governance The term “governance” is often used to mean “government” or what governments do. In some countries, including Kenya, forest governance has sometimes been simply understood as zero tolerance to corruption or control of illegal logging. The Government of Kenya, Ministry of Forestry and Wildlife, has adopted the broader definition of governance. The overall government, control or authority over natural resources and more specifically it is the authority on the forest sector development.” The means of translating or exercising authority on the forest sector development is by a set of actions, manner or the system applied in governing the forest sector development from both national as well as a global perspective. KENYA FOREST SECTOR WORKING GROUP 9/17/2018

Management of forest sector The Forests Act (2005) Part V on “enforcement” confers the overall responsibility for governance and forest law enforcement to the Kenya Forest Service (KFS), on behalf of the government. The act clearly defines the powers of the forest officer, the prohibited activities in the forest and the kind of penalties to be levied. The act also confers prosecutorial powers to forest officers for offences under the act. KENYA FOREST SECTOR WORKING GROUP 9/17/2018

Other government institutions with Forest Law Enforcement and Governance • National Environmental Management Authority (NEMA) - with mandate for Policy coordination and harmonization, EIA and compliance under the EMCA and resolution of inter-sectoral/ cross sectoral disputes through the Environmental Tribunal. • Kenya Wildlife Services: with mandate for enforcement of the rules and regulations governing the management of wildlife in parks and nature reserves that also contain forests (ref. CITES). • Ministry of Lands: with the mandate over land and land use policy • Office of the Attorney General- Registration of Community Forest Association • Forest Research institutions (KEFRI, Universities) with mandates to research and piloting on issues that touch on FLEG. • The National Museum of Kenya • Local Authorities: With mandate over trust local authority forests under their jurisdiction • Commissioner of Police; with the mandate of law enforcement and prosecution Ministry of Water- with mandate for gazettement of water catchment KENYA FOREST SECTOR WORKING GROUP 9/17/2018

The Forests Act 2007 The Forests Act 2005 enacted in 2007 has brought a paradigm shift in forest management as it upholds the principles of public participation in natural resource management. Together with the on-going forestry sector reforms, especially the creation of KFS, the on-going revision of the Forest Policy and the planned National Forest Program process, and the REDD+ Strategy process, this provides a window of opportunity for effectively moving the sector towards better and more effective governance. KENYA FOREST SECTOR WORKING GROUP 9/17/2018

OTHER LAWS THAT INFLUENCE CONSERVATION AND MANAGEMENT OF FORESTS In addition to the Forests Act (2005), Kenya has over 77 statutes that touch on forestry in one form or another. Key among these is the Draft Land/Land use Policy; Environmental Management and Coordination Act (EMCA) 1999; The Water Policy/Water Act of 1999; The Wildlife (Conservation and Management) Act (Cap 376); and the Agriculture/National Food Policy – (Sessional Paper No. 2 of 1994) KENYA FOREST SECTOR WORKING GROUP 9/17/2018

Key challenges in Forest Governance Transparency, Accountability and Public Participation The main challenges in this area relate to making information on forest resources, their use as well as related revenue streams available both internally within the KFS and externally to the wider public in a way that ensures transparency and accountability. Stability of Forest Institutions and Conflict Management A persistent factor influencing negatively the stability of the forest sector institutions in Kenya (and elsewhere) is the undervaluation of the contribution of the sector in the economic statistics, especially in terms of its contribution to the Gross Domestic Product (GDP). The dependence of the Kenyan forest sector institutions on donor funding, especially regarding the development budget, presents a significant risk. KENYA FOREST SECTOR WORKING GROUP 9/17/2018

Key challenges in Forest Governance Quality of Forest Administration KFS is the key manager of the forest resources in Kenya, but also other institutions – especially at the county levels – will increasingly be involved as partners and co-managers. The creation of KFS was one of the major institutional innovations of the Forests Act 2005 to move the sector reform process forward. Economic Efficiency, Equity and Incentives Achieving sustainable forest management will require economic efficiency, equity and sufficient incentives, for all stakeholders who are expected to contribute to create a forest governance structure that truly allows the local stakeholders, to assume an increasing role. It requires also the allocation of forests with considerable economic potential to be jointly managed, and the revenues (and other benefits) to be shared in a way that provides all participants sufficient incentive to maintain their interest and commitment. KENYA FOREST SECTOR WORKING GROUP 9/17/2018

FOREST SECTOR FUNDING IN KENYA In addition to central government budget, donors provide additional funding to KFS, KWS, KEFRI, NGOs and universities. Most funding for development budget of KFS is mainly from donors. Currently KFS is getting its development support from the following donors KENYA FOREST SECTOR WORKING GROUP 9/17/2018

KENYA FOREST FUNDING • Green Zone Development Support Project (2006-2012) the project is implemented by KFS and Nyayo Tea Zones Development Corporation (NTZDC) through a loan from the African Development Bank. Its budget for six years is Kshs 2.6 billion. • Natural Resource Management (2007-2013) the project is implemented by KFS and Ministry of Water and Irrigation. It is supported by a loan from the World Bank. Its total budget for forest management component is Kshs 1.2 billion. • Miti Mingi Maisha Bora (MMMB) Phase II Project (2009-2014) It is implemented by KFS and the Ministry of Forestry and Wildlife and is supported by a grant from the government of Finland at a total cost of € 22,707,993 of which Government of Kenya (GoK) is contributing 22% (€ 4,995,759). • Support to Community Farm Forestry Enterprise Development in Semi-Arid Areas (2010-2013) it is implemented by KFS in partnership with farmers. It is supported by a grant from Japan Social Development Fund (JSDF) and is implemented in Tharaka, Mbeere and Kitui districts. Total budget is Kshs.130 million. KENYA FOREST SECTOR WORKING GROUP 9/17/2018

KENYA FOREST FUNDING Charcoal Production Management Project (2000-2010 but on-going) It is supported by a grant from United Nation Development Programme (UNDP) and has a total budget of Ksh 15 million. Project areas are in Kwale, Kitui, Samburu, Baringo and Bondo districts. • National Forest Programme Facility (2008-2010 but on-going) It is supported by grant the Food Agricultural Organization (FAO) at a total cost of Ksh 1.5 million. Its purpose is to support Sustainable Forest Management in Kenya. Support to Reducing Emission from Deforestation and Forest Degradation - REDD (2009-2011) this project is supporting the development of a REDD Readiness Plan Proposal. The total budget is USD 200,000 from a grant from the World Bank. KENYA FOREST SECTOR WORKING GROUP 9/17/2018

KENYA FOREST FUNDING Forest Preservation Programme (2010 but on-going) this project is supported by the Government of Japan at a total cost of Kshs 963.8 million. • FAO Sustainable Livelihood Development Project (2010-2013) this project is supported by FAO at a total cost of Kshs 34 million. The project is situated in Mau west complex, Kericho District. In total, the above development partners are contributing Kshs 7 billion to the forestry sector. This is double the GoK 2010/2011 funding to KFS which is 3.5 billion and is therefore a significant contribution to the forestry sector. KENYA FOREST SECTOR WORKING GROUP 9/17/2018

RECOMMENDATIONS • Kenya Forest Service should diversify its income sources including the development of a framework for charges for forest ecosystem services. • The Kenya Forest Service should improve its revenue collection mechanisms which are not efficient. • Accountability of forest officials and forest institutions should be strengthened and vice versa. • There is need to establish a feedback mechanism for sharing forest information. • The Kenya Forest Resources Account should capture the full value of the forest sector. • There is need to roll out new financial management systems, tools and procedures to the county level and carry out the required capacity building. Harmonizing operations among forest working group KFS Code of conduct KENYA FOREST SECTOR WORKING GROUP 9/17/2018

Thank You KENYA FOREST SECTOR WORKING GROUP 9/17/2018