The Forest Conservation and Management (Amendment) Act, No. 15 of 2026 was assented to on June 2 and went into effect on June 16.
In the past, the government has successfully secured many forests through the fencing initiative, now a legal requirement, but a few issues threaten the fencing of one of Kenya’s most expansive forest ecosystems and important water catchment area - the Kaptagat Forest in Uasin Gishu and Elgeyo Marakwet.
The decision triggered an uproar.
Sections of the fence in Elgeyo Marakwet were torn down and vandalised on the night of June 21.
The brouhaha over fencing and a number of issues need to be put into perspective.
Although the community raised important and fundamental questions about forest access and community user rights in the Kaptagat scenario, local political interests and other vested and parochial considerations overwhelmed the state initiative.
They challenge the official government position to prevent human encroachment, illegal logging, charcoal burning and illegal cattle grazing. The fencing initiative also aims to preserve the ecosystem and water tower for future generations.
Politicians who failed to develop their own areas saw the anti-fencing campaign-charade as a quick way to shore up their political fortunes by fanning community resentment. They created initial resistance by sections of the population, especially those living within the forest boundaries who used to graze livestock in the forest.
These local politicians failed, however, as residents in the Kaptagat ecosystem are empowered by the Kaptagat Integrated Conservation Programme. For a decade, it has successfully engineered a raft of life-changing interventions to reduce communities’ dependence on the forest for their livelihoods.
KIPC is based on four pillars: Pesa Mfukoni, Kawi Safi, Maji Safi and Mazingira Bora. All are intended to improve livelihoods and cushion communities from the realities of ending direct reliance on forests to put food on the table and pay school fees, for example.
Drafters of the Forest Conservation and Management
Act envisage forest communities forming community forest associations that
partner with the Kenya Forest Service. Through approved management
agreements, these associations gain legal access to specific noncommercial
forest use rights, traditional user privileges and participatory management
opportunities.
Permitted user rights:
Medicinal herbs: Approved plants can be gathered for traditional medicine. Gatherers need permits.
Grazing and grass: Gathering grass for livestock is permitted and livestock are allowed to graze in designated zones but free-range grazing is prohibited.
Water access: Residents are allowed to draw water from forest streams for household and minor agricultural needs.
Honey and fuel wood. Harvesting honey and collecting dead or fallen fuel wood for domestic use are permitted.
Cultural practices: Communities may access forest sites for legitimate traditional, cultural and religious ceremonies.
Shamba system: Community members are allowed to grow seasonal crops while nurturing tree seedlings if they participate in the scheme of Plantations Establishment for Livelihood Improvement.
Forest management authorities and specifically the KFS must designate many entry points to enable legitimate user rights for approved purposes.
Limitations and requirements
CFA registration: Communities must officially register as CFAs before applying for user rights.
Management plans:
User activities must align with a formal, approved joint forest management plan
co-signed with the Kenya Forest Service.
No commercial sales: Customary and association extraction rights exclude unauthorised large commercial sale or timber felling unless explicitly permitted through formal industrial concessions.
Implementation of the requirements complemented by KICP livelihood initiatives will improve communities income, conserve the environment and eventually make forests sanctuaries and environmental and health hubs.
Local politicians should back the fencing initiative and not cheapen it by claiming it denies citizens of their basic rights. When they do, we will be on course to bequeath future generations a healthier and mor secure future.
Communities that understand and benefit from KICP will become financially well-off and self- reliant. It will be difficult to anyone to manipulate them for political gain.
Some Community Forest Association officials have been complacent and lacked transparency in explaining benefits to communities and enabling legitimate access. Their failures have increased tensions between local communities and the government.
The community members must therefore be fully informed about fencing and KICC to ensure they elect honest officials to Community Forest Associations.
The transparent enforcement of laws regarding forests management will greatly reduce unnecessary confrontation and friction and eliminate political gerrymandering on forest issues. When communities and the government work in tandem on forest management, issues of mismanagement and destruction of fencing and forests will be a thing of the past. Future generations will be grateful for noble forest conservation.
Local sons within
the Kaptagat ecosystem have come together to ensure that while conservations of
forests is essential, empowering communities within the ecosystem is paramount.
