Amendment Bill · 2025

The Forest Conservation & Management
(Amendment) Bill, 2025

Another chance to shape the future of our forests. Public participation is open again, and your voice matters more than ever.

What's Happening

The Bill Is Back for Public Participation

The Forest Conservation & Management (Amendment) Bill, 2025 has returned for a new round of public participation. If you were part of the first round of submissions, this is your moment to build on that work, and if you’re new to this process, this is your opportunity to have your voice heard.

Bill No. 38 of 2025, officially the National Assembly Bill No. 38 of 2025, was read for the first time and referred to the Departmental Committee on Environment, Forestry & Mining for consideration.

In line with Standing Order 127(3) of the National Assembly, the Committee is required to facilitate public participation. This means submissions are open again.

Why It Matters

Forests Are at the Heart of Kenya's Future

The decisions made through this Bill will directly shape the future of Kenya’s forests, and the role communities and young people play in protecting them.

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Biodiversity Protection

Protecting Kenya’s rich natural ecosystems

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Climate Action

Forests as frontline climate defenders

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Community Livelihoods

Sustaining people who depend on forests

Your Opportunity

Here's How You Can Engage

✦Build on previous submissions and strengthen the case for forest protection
✦Advocate for stronger forest protections across Kenya’s ecosystems
✦Ensure youth voices remain central to the conversation

Read the Bill

Understand What's at Stake

Take time to go through the proposed amendments and understand what is at stake before submitting your comments.

Forest Conservation & Management (Amendment) Bill, 2025

National Assembly Bill No. 38 of 2025 ·

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Your Voice Matters

Make a Comment

Your insights are crucial in refining this Bill. Share your thoughts, concerns, and recommendations through either of the options below.

Review our top-line comments & share your own

Provide feedback on specific sections or share your own comments on the Bill. We will compile all submissions and submit them to the Ministry of Forestry & Climate.

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What Happened Last Year?

Revisit the first round of public participation, our submissions, and key outcomes from the 2024–2025 engagement process.

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Introduction to The Draft Forest Conservation Management (Amendment) Bill 2025

The Ministry of Environment, Climate Change & Forestry has released the Draft Forest Conservation and Management(FCMA) (Amendment) Bill 2025. (The Bill)

The Bill provides amendments to the Forest Conservation and Management Act, 2016.

The public is invited to submit comments, inputs, proposals, and recommendations.

Why the Amendment

The proposed amendment, The Draft Forest Conservation and Management(FCMA) (Amendment) Bill 2025, addresses emerging challenges and gaps in forest laws and institutions, as identified in the National Forest Policy, 2023, which now guides national actions on forestry development, conservation, and management.

The main objective of the amendment is to align forest conservation laws with modern realities, global forestry discourse, and Kenya’s environmental obligations while ensuring consistency with the Constitution.

There is also a need to align institutional frameworks by integrating the Kenya Forestry Research Institute, which oversees forest research and knowledge dissemination, into the Forest Conservation and Management Act. Currently governed under the Science, Technology, and Innovation Act No. 28 of 2013, this shift will enhance coordination, oversight, and resource management. Consolidating forestry institutions under one law will streamline policy, legal, and operational efficiency in the sector.

Why Your Input Matters

Your Insight Drives Change

The Draft Forest Conservation & Management (Amendment) Bill 2025 will determine how Kenya manages and protects its forests, affecting livelihoods, biodiversity, and climate resilience.

This is an opportunity for youth to actively engage in environmental governance and help shape a law that will define Kenya’s forests for years to come. Submit your comments and make your voice count!

Review The Draft Forest Conservation and Management (Amendment) Bill ,2025

At this segment we shall provide 3 steps to guide your Review of the Draft Forest Conservation & Management Amendment Bill, 2025
- Step 1: Understand the existing FCMA 2016 framework.
- Step 2: Review the proposed amendments in the 2025 Bill.
- Step 3: Review Our Top Line Comments
- Step 4: Provide feedback on specific sections.

The Forest Conservation & Management Act 2016:

Arrangement of sections:

Part I: Preliminary (Sections 1-5)

Sets the foundational context for the Bill. It includes the definitions of key terms, the purpose of the Bill, and its scope. It is essential to understand the general principles before diving into the specifics.

Part II: Forest Conservation & Co-ordination (Sections 6-7)

Part I – Preliminary (Sections 1–6): Covers the name of the Act, definitions of key terms, where it applies, guiding principles, and policies for forest management.

Part III: Administration, Management and Oversight of Wildlife (Sections 8-64)

Part II – Administration (Sections 7–22): Establishes the Kenya Forest Service (KFS), its roles, leadership (Board & Chief Conservator), staff, committees, and collaboration with county governments and research institutions.

Part IV: National Forest Conservation Policy and Management Strategy (Sections 65-66)

Part V: Conservation, Protection and Management (Sections 67-133)

Part III – Financial Provisions (Sections 23–29): Details how the KFS is funded, budgeting, financial reporting, and the establishment of a Forest Conservation and Management Trust Fund.

Part VI: Conservation Orders and Easements (Sections 134-137)

Part IV – Conservation & Management of Forests (Sections 30–47): Defines types of forests (public, community, private), how they are managed, rules for boundary changes, joint management, species protection, and forest use regulations.

Part VII: National Wildlife Biodiversity Data (Sections 138-141)

Part V – Community Participation (Sections 48–52): Explains how local communities can take part in forest management, their rights and responsibilities, and customary land use rights.

Part VIII: Wildlife Biodiversity Economy (Sections 142-162)

Part VI – Incentives for Increasing Forest & Tree Cover (Sections 53–55): Provides incentives (such as tax breaks) for afforestation, outlines benefit-sharing mechanisms, and designates a National Tree Planting Week.

Part IX: Licences and Permits on Trade of Wildlife Specimen (Sections 163-171)

Part VII – Licensing & Trade in Forest Products (Sections 56–61): Regulates forest product trade, sets criteria for licensing, grading, valuation, export/import rules, and bans trade in restricted forest products.

Part X: Human Wildlife Coexistence (Sections 172-193)

Part VIII – Enforcement & Compliance (Sections 62–63A): Grants KFS officers powers for law enforcement in forest-related crimes.

Part IX – Offences & Penalties (Sections 64–69): Lists illegal activities (such as illegal logging & quarrying), penalties for violations, and compensation for environmental damage.

Part XI: International Treaties, Conventions and Agreements (Sections 194-202)

Part X – Dispute Resolution (Section 70): Provides mechanisms for resolving conflicts related to forest management.

Part XI – Miscellaneous (Sections 71–75): Covers regulations, record-keeping, international agreements, and cross-border forest conservation.

Part XII: National Forest Conservation Status Report (Section 203)

Part XII – Transitional Provisions (Sections 76–77): Addresses transition from previous laws and ensures continuity in forest management.

Schedules: Provides additional details on Board operations, public consultation, and gazetted forests.

Part XIII: National Wildlife Tribunal (Sections 204-214)

Clause 2 – Amendment of Section 2: Introduces new definitions and amends existing ones, including the definition of “indigenous forest”.

Clause 4 – New Section 6A: Establishes a Forest Professionals’ Forum for self-regulation and high standards of practice and ethics.

Clause 5 – Amendment of Section 7: Confirms KFS headquarters location and requires devolution of KFS services.

Clause 6 – Amendment of Section 8: Introduces additional functions of KFS.

Part XIV: Enforcement and Compliance (Sections 215-223)

Clause 7 – Amendment of Section 16: Introduces mandatory training and Oath of Office for designated KFS staff.

Clause 8 – Replacement of Section 17: Introduces limitations on certain rights (picketing etc.) for public order and security.

Clause 9 – New Parts IIIA, IIIB, IIIC: Establishes the Forest Regulatory Directorate, Kenya Forest Law and Enforcement Academy, and Kenya Forestry Research Institute under the Act.

Part XV: Offences & Penalties (Sections 224-242)

Clause 10 – Amendment of Section 42: Requires forest owners to designate buffer zones to reduce negative edge effects and enhance ecosystem services.

Clause 11 – New Section 43A: Requires dryland forests to be managed sustainably, promoting integrated traditional and conventional management systems.

Clause 12 – Replacement of Section 55: Expands scope beyond national tree planting days to other international forest conservation events.

Part XVI: Miscellaneous (Sections 243-249)

Clause 13 – Amendment of Section 56: Empowers KFS to grant easements in public forests only for public roads, critical installations and wayleaves for public utilities.

Clause 14 – Amendment of Section 58: Transfers power from KFS to the Cabinet Secretary to gazette a chain-of-custody system for forest product verification.

Clause 15 – Amendment of Section 61: Introduces penalties for importing or exporting prohibited forest products.

Schedules

Clause 16 – Amendment of Section 67: Expands protection to all forests (including private forests) from unlawful violation; increases penalties to KES 1 million or 12 months imprisonment.

Clause 19 – New Sections 47A & 47B: Creates a legal framework for forest carbon management, mandating KFS to implement REDD+ activities.

Clause 20 – New Section 53A: Empowers the Institute to establish Payment for Ecosystem Services (PES) schemes.

Clause 21 – New Section 75A: Protects the Institute’s rights over discoveries, inventions, and intellectual property.

Clauses 22 & 23: Replaces the First Schedule and introduces new schedules for specific matters.

The Forest Conservation & Management (Amendment) Bill, 2025

AREA	Amended Section / Clause	Explanation of the Amendment
Definitions	Clause 2 – Amendment of Section 2	Introduces new definitions and amends existing ones, including the definition of “indigenous forest”.
Forest Professionals Forum	Clause 4 – New Section 6A	Establishes a Forest Professionals’ Forum for self-regulation to ensure high standards of practice and ethics.
KFS Headquarters & Devolution	Clause 5 – Amendment of Section 7	Confirms the location of KFS headquarters and requires devolution of KFS services to counties.
KFS Functions	Clause 6 – Amendment of Section 8	Introduces additional functions for the Kenya Forest Service.
Designated Officers	Clause 7 – Amendment of Section 16	Introduces mandatory training and Oath of Office for designated KFS staff.
Rights Limitation	Clause 8 – Replacement of Section 17	Introduces limitations on rights relating to picketing for purposes of public order and security.
Forest Regulatory Directorate	Clause 9 – New Part IIIA	Establishes the Forest Regulatory Directorate to assist the Ministry in standard-setting and regulatory matters.
Forest Law Enforcement Academy	Clause 9 – New Part IIIB	Establishes the Kenya Forest Law and Enforcement Academy to provide law enforcement and security training.
Kenya Forestry Research Institute	Clause 9 – New Part IIIC	Anchors the Kenya Forestry Research Institute under the Act, with expanded mandate including commercial forestry investment advisory services.
Buffer Zones	Clause 10 – Amendment of Section 42	Requires forest owners to designate buffer zones to reduce negative edge effects and enhance ecosystem services.
Dryland Forests	Clause 11 – New Section 43A	Requires all dryland forests to be managed sustainably through traditional and conventional management systems.
Tree Planting Initiatives	Clause 12 – Replacement of Section 55	Expands scope beyond national tree planting days to include international forest conservation events.
Easements in Public Forests	Clause 13 – Amendment of Section 56	Empowers KFS to grant easements in public forests only for public roads, critical installations, and wayleaves for public utilities.
Chain-of-Custody System	Clause 14 – Amendment of Section 58	Transfers power from KFS to the Cabinet Secretary to gazette a chain-of-custody system for verifying the origin of forest products.
Export/Import Penalties	Clause 15 – Amendment of Section 61	Introduces penalties for exporting or importing forest products prohibited for export or import.
Forest Protection & Penalties	Clause 16 – Amendment of Section 67	Expands protection to all forests including private forests; increases fines to KES 1 million or up to 12 months imprisonment.
Terminology & Permits	Clause 17 – Amendment of Section 71	Applies correct terminology for public forests and enhances penalties for importing/exporting forest products without a permit.
Regulations Power	Clause 18 – Amendment of Section 71	Empowers the Cabinet Secretary, on recommendation of respective Boards, to make regulations under the Act.
Forest Carbon Management	Clause 19 – New Sections 47A & 47B	Creates a legal framework for forest carbon management; mandates KFS to implement REDD+ activities in public forests.
Payment for Ecosystem Services	Clause 20 – New Section 53A	Empowers the Institute to establish protocols for Payment for Ecosystem Services (PES) schemes.
Intellectual Property Rights	Clause 21 – New Section 75A	Protects the Institute’s rights over discoveries, inventions, innovations, and intellectual property.
First Schedule	Clause 22	Replaces the First Schedule of the principal Act with a new updated First Schedule.
Transitional Provisions	Clause 23	Introduces new schedules for detailed provisions on specific transitional and saving matters.

SUSO BNG Comments

TOP LINE COMMENTS

LINKED TO THEMATIC AREAS

Section 56 – Forest Clearing for Development

The amendment to Section 56 allows easements for public roads and wayleaves for public utilities in public forests. While essential infrastructure matters, this raises serious concern: Kenya is still struggling to achieve the minimum 10% forest cover goal. Making forest land more accessible for development contradicts ongoing reforestation investments and risks accelerating deforestation under the guise of public works.

Section 56 – Loopholes for Private Exploitation

Even though Section 56 refers to public roads and utilities, without clear regulatory safeguards, infrastructure projects could be used as a pretext for large-scale deforestation by private developers. The amendment must include strict oversight mechanisms, environmental impact assessments, and transparent public participation before any easement in public forests is granted.

Sections 47A & 47B – Carbon Credits Governance

The insertion of Sections 47A and 47B introduces a legal framework for forest carbon management. While this aligns Kenya with global climate action, there are serious governance concerns. Without stringent regulations, local communities and indigenous groups may be sidelined. Explicit accountability structures are needed to ensure carbon credit funds genuinely support forest conservation rather than being diverted for administrative or private gains.

Section 17 – Removal of the Forestry College

The removal of the Forestry College from the amendment raises significant concerns about the future of forest conservation training and youth engagement. This institution was critical to developing the next generation of forestry professionals. Its removal could diminish employment opportunities and career pathways in the sector. Given the Bill's new professional registry, it is unclear how and who will be eligible, and how skills will be built going forward.

Youth Participation in Forest Governance

The Draft FCMA Amendment Bill does not adequately provide for meaningful youth participation in forest governance structures. Youth should have representation in the KFS Board, the proposed Forest Regulatory Directorate, and the Kenya Forestry Research Institute. The Bill should include provisions for youth-led conservation initiatives, internship and training pipelines, and annual reporting on youth engagement in the forestry sector.

Send Comments on the Forest Conservation and Management (Amendment) Bill, 2025

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Your Voice Matters: Share Your Comments

This is your opportunity to ensure that your voice is heard and your views are reflected in the law. Submitting a comment is a direct action towards shaping forest policy, improving justice for communities, and securing Kenya’s forests for future generations.

Guide to Submit Your Comment

Pick a section you want to comment on: E.g., Carbon Credits (Section 47A/47B), Forest Clearing Easements (Section 56), Dryland Forests (Section 43A). Use the “Arrangement of Sections” above to locate it.
Review the proposed amendments: Use our comparison table to check what has changed from the Forest Conservation & Management Act 2016.
Check our Top Line Comments & Reviews above.
Write Your Comment Clearly: What’s a concern, gap, or unclear part? What do you propose instead? Or Copy & Paste our Topline Comments that resonate with you.
Submit Your Comment on the BNG Website & also feel free to share your comments directly with the Ministry of Environment, Climate Change & Forestry.

We shall compile the comments and submit them to the relevant government authorities. Your Voice Matters! Make it Count!