DRAFT CHARCOAL RULES AND REGULATIONS 2015 By Leah Gichuki Kenya Forests Working Group

Background In kenya, Charcoal provides domestic energy for 82% of urban and 34% of rural households. This industry represents an estimated annual market value of over US $427 million (Ksh 32 billion)(Energy for sustainable Development Africa, 2005) The industry employs over 700,000 people along the whole value chain supporting a population of over 2.8 million people.degradation of ASALS to a level where the land resources cannot produce fr the population spells disaster for the country. It is estimated that the over 75% of the estimated 1.6 to 2.4 million tons of charcoal used in the country annually is unsustainably harvested from these semi-arid lands.Since use f charcoal is cheaper in comparison with LPG cooking gas and electricity, it is obvious tahat in the foreseeable future it will continue being used by the majority pf kenyans hence the urgent need to organise the charcoal Industry to make it sustainable.

Legal Instruments Issues addressed: Charcoal production, transportation, trade and consumption Energy Act 2006 Forest Act 2005 Sessional paper No.4 of 2004 on Energy policy The sessional paperNo.9 of the 2005 on the forest policy The sessional paper No.6 of 1999 on the environment policy

Members of the Technical committee Kenya Forest Service Green Africa Foundation Kenya Forests Working Group Act Change Transform (Act!) Kenya Bureau of Statistics Startle Traffic Police NEMA KEFRI Charcoal producers association represntative Ministry of energy and Petroleum Advocate from Attorney’s General office Ministry of Environment Water and Natural Resources

Progress made Draft Charcoal rules and regulations 2015 developed 4 consultation workshops conducted(Kitui, Kwale, Samburu and Narok. Based on stakeholders comments the TC will review the draft regulations.

Lack of clear direction on EIA Safety Certificate-Form7 Gaps Lack of clear direction on EIA Safety Certificate-Form7 Requirement of charcoal transporters Harvesting techniques Packaging and weight Commercial production and category of licenses Charcoal production quantit returns Production technology and minimum conversion efficiency

Gaps How to deal with charcoal imports is omitted Application of private land owners to be charcoal producers is not clear No clear definition of Charcoal Producers Association(CPAs) and their responsibilities. Protection of the endangered and threatened plant species list not updated . Charcoal movement permit to include weight and number of bags Licensing of wholesalers ,trader and retailers Environmental health and safety

Gaps in Charcoal Value Chain Perceived illegal status of the charcoal industry Lack of awareness of rules governing legalized charcoal production Unsustainable production from naturally growing trees instead of deliberate planting for production Inefficient production technologies Inadequate research data on appropriate indigenous tree species Too many players involved in regulation of the industry Large number of legal and illegal taxes and lack of clarity leading to low profitability and low level of investment.

S Clause; 8-Licence 9-Exemption 14-Charcoal movement permit and form 8 in the 2nd schedule 16-Protection of endangered and threatened tree species