THE PROPOSED REPEALING OF SECTION 34(2A) OF THE FOREST CONSERVATION AND MANAGEMENT ACT 2016

The document examines the Forest Conservation and Management (Amendment) Bill, 2021, which seeks to remove the requirement for the Kenya Forest Service (KFS) to recommend petitions for the variation of public forest boundaries before they are forwarded to the National Assembly. While proponents argue that KFS has used its power to block legitimate petitions and that the Constitution does not require such recommendations, Natural Justice and other opponents warn that this change would politicize the process and remove mandatory safeguards, including Independent Environmental Impact Assessments and public consultation. The document asserts that such changes could exacerbate climate challenges like prolonged droughts and extreme heat by compromising forest integrity.

• The Forest Conservation and Management (Amendment) Bill, 2021 proposes to eliminate the requirement for the Kenya Forest Service (KFS) to approve petitions for forest boundary variations and instead tasks the Clerk of the National Assembly or a House Committee with reviewing whether petitions meet procedural requirements.
• Supporters of the amendment, including the Ndaragwa MP, argue that KFS has failed to recommend petitions and has used its role to deny citizens the opportunity to change boundaries for public facilities, claiming the Constitution does not mandate KFS recommendations as a prerequisite for petitioning Parliament.
• Opponents argue that removing KFS from the process would eliminate essential environmental and human rights safeguards, specifically the requirement for an Independent Environmental Impact Assessment and public consultation, leading to the politicization of forest boundary changes.
• The document links the integrity of forest boundary variation processes to broader climate stability, stating that a lack of oversight could worsen climate impacts such as extreme heat events, prolonged droughts, and increased food production costs.

APA

Natural Justice (2022). THE PROPOSED REPEALING OF SECTION 34(2A) OF THE FOREST CONSERVATION AND MANAGEMENT ACT 2016. https://naturaljustice.org/wp-content/uploads/2022/01/Factsheet-on-the-Amendments-to-the-FCM-Act-2016.pdf

Chicago

Natural Justice. THE PROPOSED REPEALING OF SECTION 34(2A) OF THE FOREST CONSERVATION AND MANAGEMENT ACT 2016. 2022. https://naturaljustice.org/wp-content/uploads/2022/01/Factsheet-on-the-Amendments-to-the-FCM-Act-2016.pdf.

Wikipedia

{{cite report |author=Natural Justice |title=THE PROPOSED REPEALING OF SECTION 34(2A) OF THE FOREST CONSERVATION AND MANAGEMENT ACT 2016 |date=25 January 2022 |url=https://naturaljustice.org/wp-content/uploads/2022/01/Factsheet-on-the-Amendments-to-the-FCM-Act-2016.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{naturaljustice2022proposed, author = {{Natural Justice}}, title = {{THE PROPOSED REPEALING OF SECTION 34(2A) OF THE FOREST CONSERVATION AND MANAGEMENT ACT 2016}}, institution = {Natural Justice}, year = {2022}, month = jan, url = {https://naturaljustice.org/wp-content/uploads/2022/01/Factsheet-on-the-Amendments-to-the-FCM-Act-2016.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }