CHAPTER 376 WILDLIFE (CONSERVATION AND MANAGEMENT) ACT SUBSIDIARY LEGISLATION List of Subsidiary Legislation Page 1. National Parks declared under section 6 2. W6 51 National Reserves declared under section 18(1) 3. W6 53 Sanctuaries declared under section 19(1) 4. W6 55 Declaration of closed seasons under section 38 5. W6 57 Declaration of Prohibited Exports under section 45 6. W6 59 Wildlife (Conservation and Management) (Recognized Airfields) Regulations, 1976 7. W6 61 Wildlife (Conservation and Management) (Control of Raw Ivory) Regulations, 1976 8. 9. 10. 11. W6 63 Wildlife (Conservation and Management) Regulations, 1976 W6 65 Wildlife (Conservation and Management) (Prohibition on Hunting of Game Animals) Regulations, 1977 W6 79 Wildlife (Conservation and Management) (Aloe Species) Regulations, 2007 W6 81 Wildlife (Conservation and Management) (National Parks) Regulations, 2010 W6 87 W6-49
NATIONAL PARKS DECLARED UNDER SECTION 6 [L.N. 92/1978, L.N. 13/1983, L.N. 18/1983, L.N. 100/1983, L.N. 13/1984, L.N. 315/1986, L.N. 368/1986, L.N. 338/1989, L.N. 339/1989, L.N. 426/1990.] By virtue of section 24 of the Interpretation and General Provisions Act (Cap. 2), a substantial amount of subsidiary legislation (notably declarations of National Parks, now to be made under section 6 of the Act, and of National Reserves, now to be made under section 18 of the Act) made under the two Acts repealed by section 68 of the Act are still in force and are likely to remain in force for some time. Reference must therefor still for the time being be made to subsidiary legislation made under the repealed Acts. Kisite Marine National Park. South Island National Park. Mount Longonot National Park. Central Island National Park. Ruma National Park. Hell s Gate National Park. Mombasa Marine National Park. Ndere Island National Park. Malka Mari National Park. Kora National Park. Arabuko Sokoke National Park. W6-50
NATIONAL RESERVES DECLARED UNDER SECTION 18(1) [L.N. 75/1976, L.N. 91/1978, L.N. 186/1979, L.N. 187/1979, L.N. 261/1979, L.N. 290/1979, L.N. 291/1979, L.N. 300/1979, L.N. 13/1983, L.N. 101/1983, L.N. 95/1985, L.N. 188/1985, L.N. 189/1985, L.N. 49/1986, L.N. 316/1986, L.N. 526/1991, L.N. 196/1995, L.N. 86/2000, L.N. 88/2000, L.N. 93/2000, L.N. 120/2005, L.N. 158/2010.] The Dadori National Reserve. Mpunguti Marine National Reserve. South Kitui (Thua) National Reserve. North Kitui National Reserve. Bisanadi National Reserve. South Turkana National Reserve. Kiunga Marine National Reserve. Nalosot National Reserve. Kerio Valley National Reserve. Kamnarok National Reserve. Buffallo Springs National Reserve. Kakamega National Reserve. Samburu National Reserve. Mombasa Marine National Reserve. Laikipia National Reserve. Diani Chale Marine National Reserve. Nyambene National Reserve. Chepkitale National Reserve. Mt. Kenya National Reserve. Amboseli National Reserve. Lake Kanyaboli National Reserve. W6-51
SANCTUARIES DECLARED UNDER SECTION 19(1) [L.N. 84/2000, L.N. 85/2000, L.N. 89/2000.] Naivasha Wildlife Training Institute Local Sanctuary. Lake Simbi Local Sanctuary. Ondago Swamp Local Sanctuary. W6-52
DECLARATION OF CLOSED SEASONS UNDER SECTION 38 [L.N. 141/2003.] No game bird specified in the first column of the Schedule shall be hunted and shot during the periods specified in the second column of the Schedule. SCHEDULE W6-53
DECLARATION OF PROHIBITED EXPORTS UNDER SECTION 45 [L.N. 181/1979.] 1. Subject to paragraphs 2 and 3, the following trophies are prohibited exports trophies of the protected animals specified in the Third Schedule to the Act; (a) elephant tusks; (b) hippopotamus teeth; (c) rhinoceros horns; (d) crocodile, leopard, lion and zebra skins. (e) 2. The items specified in subparagraph (b) to (e) inclusive of paragraph 1 may be exported by agents for foreign principals where the items have been purchased from the Government; (a) held prior to export in Government bonded warehouse; (b) at all times prior to export processed, handled and loaded by authorized (c) servants or agents of the Government; and paid for in foreign currency. (d) 3. Nothing in this notice shall prevent the export of any trophy lawfully acquired by any person where the trophy is part of the personal or household effects of that person and is not intended to be resold, or otherwise dealt with for gain, and that person otherwise complies with all relevant provisions of the Act. W6-54
WILDLIFE (CONSERVATION AND MANAGEMENT) (RECOGNIZED AIRFIELDS) REGULATIONS, 1976 [L.N. 122/1976.] 1. These Regulations may be cited as the Wildlife (Conservation and Management) (Recognized Airfields) Regulations, 1976. 2. The following are recognized airfields for the purposes of the Act Voi Airfield. (a) Tsavo Tsafaris Airfield. (b) Ngulia Airfield. (c) Kilaguni Airfield. (d) Aruba Airfield. (e) Meru Mulika Airfield. (f) Meru Park Headquarters Airfield. (h) Kamboyo Airfield. (g) Koobi Fora Airfield. (i) Mount Elgon Airfield. (j) Lambwe Valley Airfield. (k) Amboseli Airfield. (l) Samburu/Buffalo Springs Airfield. (m) Mara Serena Airfield. (n) Keekorok Airfield. (o) W6-55
WILDLIFE (CONSERVATION AND MANAGEMENT) (CONTROL OF RAW IVORY) REGULATIONS, 1976 [L.N. 57/1976.] 1. These Regulations may be cited as the Wildlife (Conservation and Management) (Control of Raw Ivory) Regulations, 1976. (1) Raw ivory is hereby declared to be a prohibited import and export and shall not be imported or exported by any person or organization other than the Government. (2) Subparagraph (1) does not apply to raw ivory obtained accordance with the provision of the Act. (3) Raw ivory required for manufacturing or for ornament in Kenya shall be purchased from the Ivory Room at Mombasa or at any place as may be established from time to time by the Government. W6-56
WILDLIFE (CONSERVATION AND MANAGEMENT) REGULATIONS, 1976 [L.N. 100/1976, L.N. 59/1977, L.N. 107/1981, L.N. 155/1984, L.N. 488/1991, L.N. 54/2002.] 1. These Regulations may be cited as the Wildlife (Conservation and Management) Regulations, 1976. 2. A consent for mines shall be in Form 1 in the First Schedule. 3. An authority for cinematograph/photography film shall be in Form 2 in the First Schedule. 4. A game licence shall be in Form 3 in the First Schedule. 5. A register of game animals and/or birds shall be in Form 4 in the First Schedule. 6. A Director s special authority shall be in Form 5 in the First Schedule. 7. A professional hunters licence shall be in Form 6 in the First Schedule. 8. A certificate of ownership of hunted animals shall be in Form 7 in the First Schedule. 9. A certificate of ownership for possession of trophies shall be in Form 8 in the First Schedule. 10. A dealer s licence shall be in either Form 9 or Form 10 in the First Schedule, whichever is appropriate. 11. An application for the dealers licence shall be in Form 11 in the First Schedule. 12. There is hereby established a Committee to process the applications for the foregoing licences, which shall be composed of the following the Permanent Secretary of the Ministry of Tourism and Wildlife, or his (a) nominee, as chairman; the Director of Wildlife (Conservation and Management) Service, or his (b) nominee, as deputy chairman; the Licensing Officer, as secretary; (c) the Chief Tourist Officer; and (d) two other Senior Officers of the service appointed by the Minister in (e) consultation with the Director. (1) The following procedure will apply whenever application forms are processed (a) each application form must be sent to the Licensing Officer; (b) the forms will be presented to the Committee referred to in regulation 12, for processing and a decision as to their suitability; (c) the Licensing Officer will notify the applicants of the decision; (d) all licences will be issued by the Licensing Officer; and (e) the Committee will sit on any day of the week whenever summoned by the Licensing Officer. (2) Notwithstanding regulations 12 and 13(1), with prior approval of the Minister, the Committee may delegate any of its powers to at least two of its members, one of whom must be the Licensing Officer, and such two members may process and issue licences in cases requiring immediate action. W6-57
14. The fees for various licences are set out in the Second Schedule. 15. The number of animals which may be hunted under the authority of a game licence are listed in the second column of the Third Schedule and a licence fee plus an area fee, as respectively listed in the third column and the fourth column of that Schedule shall be paid in respect of each such animal which is killed, except in respect of the animals separately listed in that Schedule in respect of which an area fee only is payable. 16. The report required to be made by the Court in accordance with section 51(4) of the Act shall be in Form 12 set out in the First Schedule. [L.N. 488/1991.] FIRST SCHEDULE [Rules 2 to 11 (incl.). ] W6-58
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SECOND SCHEDULE [Rule 14, s. 43.] DEALERS BUSINESS AND LICENCE FEES W6-66
PROFESSIONAL HUNTER'S LICENCE [Section 27.] PROSPECTING AND MINING FEES [Section 10. ] CINEMATOGRAPH AND PHOTOGRAPH FEES [Section 11. ] W6-67
THIRD SCHEDULE [Rule 15. ] W6-68
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WILDLIFE (CONSERVATION AND MANAGEMENT) (PROHIBITION ON HUNTING OF GAME ANIMALS) REGULATIONS, 1977 [L.N. 120 of 1977.] 1. These Regulations may be cited as the Wildlife (Conservation and Management) (Prohibition on Hunting of Game Animals) Regulations, 1977. 2. Hunting of game animals is prohibited. 3. All current hunting licences are hereby cancelled with immediate effect. W6-70
WILDLIFE (CONSERVATION AND MANAGEMENT) (ALOE SPECIES) REGULATIONS, 2007 [L.N. 403/2007.] 1. These Regulations may be cited as the Wildlife (Conservation and Management) (Aloe Species) Regulations, 2007. 2. There shall be a register kept by the Kenya Wildlife Service to be known as the Register of Artificial Propagation of Aloe Species. (1) A person intending to engage in propagation of Aloes for commercial purposes shall apply to be entered in the Register as a Schedule. 4. The Kenya Wildlife Service may, if it deems it fit, make such visits to the premises of the applicant for purposes of verifying the accuracy or veracity of the information provided by an applicant for registration under regulation 3. (1) The Kenya Wildlife Service shall, upon the receipt of an application for registration under regulation 3, within thirty days either grant the applicant a registration certificate or provide him with a written indication that the application has been rejected. (1) A person who intends to import aloe species or any derivatives therefrom, from Kenya shall apply to the Service for an export certificate in that respect. (2) A person who intends to import aloe species or any derivatives therefrom, into Kenya shall apply for an import certificate in that respect. (3) An application under this regulation shall be made in Form APA 2. 7. In considering applications for registration under these Regulations, the Service shall take into account the following principles that artificial propagation of aloe species shall be provided an environment (a) for sustainable utilization of the species and shall not be detrimental to its conservation in the wild or of its supporting ecosystems; that the conservation of aloe species and their natural habitats and (b) microhabitats is enhanced. (1) Every applicant for registration under regulation 3 shall pay a fee of Kenya shillings five hundred. (2) Every applicant for a certificate under regulation 6 shall pay a fee of Kenya shilling ten thousand. 9. The Service in consultation with the National Museums of Kenya, Kenya Plant Health Inspectorate Service, Kenya Forest Research Institute and the Commissioner of Customs shall monitor the activities of the registered aloe artificial propagators and ensure that they comply with the conditions set out in the certificate of registration. 10. The export of aloe species from Kenya shall notwithstanding these Regulations comply with any requirement under any law relating to export from Kenya of any plant or plant product. 11. A Person who artificially propagates aloe species for commercial purposes; (a) exports or re-exports from Kenya aloe species or any derivatives therefrom; (b) W6-71
(c) imports into Kenya aloe species or any derivatives therefrom, contrary to these Regulations commits an offence. SCHEDULE W6-72
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EXPORT OF SPECIMENS OR PRODUCTS OF ALOES FROM REGISTERED OPERATIONS IN KENYA APPLICATION FOR EXPORT/RE-EXPORT/IMPORT PERMIT W6-74
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ALOE EXPORT/RE-EXPORT/IMPORT SUPPLEMENTARY PERMIT W6-76
WILDLIFE (CONSERVATION AND MANAGEMENT) (NATIONAL PARKS) REGULATIONS, 2010 [L.N. 207/2010, L.N. 109/2011.] 1. These Regulations may be cited as the Wildlife (Conservation and Management) (National Parks) Regulations, 2010 and shall come into operation on the 1st January, 2011. 2. In these Regulations, unless the context otherwise requires citizens means the citizens of the East African Community; daily fee means fee paid for a single entry of upto twenty four hours in a National park or National reserve; residents means the residents of the East African Community; student means an individual from a recognized secondary, Government or private college; or university aged up to twenty-three years old, visiting the parks for purposes of learning about conservation through a documented and organized arrangement with that institution, and excludes students on personally arranged holidays. 3. For the purposes of these Regulations, National Parks shall be categorized as follows (b) Premium Parks Amboseli National Park; and (i) Lake Nakuru National Park. (ii) Urban Safari (d) Nairobi National Park. Wilderness Parks Aberdare National Park; (i) Tsavo East National Park; (ii) Tsavo West National Park; (iii) Meru National Park; and (iv) Kora National Park. (v) Mountain Parks (a) (c) (e) Mt. Kenya. Scenic and Special Interest Hells Gate; (i) Mt. Elgon; (ii) Shimba Hills National Reserve; (iii) Arabuko Sokoke National Park; (iv) Ndere Island; (v) Tana Primate Reserve; (vi) Chyullu Hills National Park; (vii) W6-77
(f) (g) (viii) Kakamega Forest National Reserve; All other Parks and Reserves managed by the Kenya Wildlife Service. (ix) Marine Parks Kisite Mpunguti; (i) Kiunga; (ii) Watamu; (iii) Mombasa; (iv) Malindi. (v) Sanctuaries Nairobi Animal Orphanage; (i) Nairobi Safari Walk; (ii) Kisumu Impala Sanctuary. (iii) 4. The Kenya Wildlife Service shall require a minimum of two weeks notice in order to issue written authorization for student rates. (1) The Kenya Wildlife Service shall issue, to a visitor, a ticket upon the payment of the fees prescribed under these Regulations. (2) A ticket issued under paragraph (1) shall be valid for the period specified in the ticket. (3) Notwithstanding paragraph (2), a ticket issued in respect of a daily fee shall be valid for twenty-four hours and shall entitle the same visitor to two entries within the same twentyfour hours. [L.N. 109/2011, s. 2.] 6. Normal season rates shall apply in the months of April, May, June, November and December. 7. High season rates shall apply in the months of January, February, March, July, August, September and October and shall be applicable to all Premium and Wilderness parks, except the Aberdare National park. 8. Citizens and residents shall be charged the rates prescribed for Kenyan citizens and residents respectively, in all parks, sanctuaries and reserves managed by the Kenya Wildlife Service on production of the relevant documentary proof. PART II FEES FOR VEHICLES, BOATS AND AIRCRAFTS 9. Annual fees for public service vehicles stationed in national parks and operating from hotels and lodges, camps and other places within the parks shall be as follows for any vehicle with seating capacity of not more than five (a) passengers and commercial vehicles weighing less than two tonnes 30,000 for any vehicle with seating capacity of more than five but less (b) than thirteen passengers, and commercial vehicles weighing more than two but not more than five tonnes 50,000 for any vehicle with seating capacity for thirteen or more (c) passengers and commercial vehicles weighing more than five tonnes 100,000 W6-78
(d) (e) (f) for any commercial tour vehicle with seating capacity of more than five but less than thirteen passengers and not stationed in a park 60,000 for annual passes for commercial tourist boats/vessels of not more than twelve passengers stationed in marine reserves/parks or operating from hotels and lodges, camps or other places 15,000 for annual passes for private non-commercial boats/vessels to enter national parks, marine national parks and marine reserves 5,000 10. Daily fees for single entry to national parks by vehicles, boats and aircrafts shall be as follows for any motor vehicle with seating capacity of not more than five (a) passengers per day 300 for any motor vehicle with seating capacity of not more than five (b) passengers but less than thirteen passengers 1,000 any motor vehicle with seating capacity of more than twelve but (c) less than twenty-five passengers 2,500 for any motor vehicle with seating capacity of more than (d) twenty-four but less than forty-five passengers 4,000 for any motor vehicle with seating capacity of forty-five or more (e) passengers 5,000 for trucks and delivery vehicles weighing (f) 1 3 tonnes 500 (i) 4 7 tonnes 2,000 (ii) over 7 tonnes 3,000 (iii) for any aircraft with seating capacity of not more than two (g) passengers (less than 3) 300 for any aircraft with seating capacity of more than two but less (h) than seven passengers (3-6) 500 for any aircraft with seating capacity of more than six but less (i) than fifteen passengers (7-14) 1,000 for any aircraft with seating capacity of more than fifteen but (j) less than twenty one passengers (15-20) 2,000 for any aircraft with seating capacity of twenty one or more (k) passengers (21 and above) 3,000 PART III FEES FOR ENTRY INTO NATIONAL PARKS MANAGED BY THE KENYA WILDLIFE SERVICE 11. Fees for entry into a national park for any person aged eighteen years and above (a) W6-79
(b) For any child aged three years and above but below eighteen years, or students having two weeks prior approval from the Kenya Wildlife Service, upon production of a valid students pass (Individual students without arrangements from their institutions shall not be entitled to this rate). 12. Fees for annual passes for one individual with a private motor vehicle with a seating capacity not exceeding twelve passengers to enter any national park or reserve shall be as follows (Terms and conditions apply) W6-80
PART IV FEES FOR CAMPING AND ACCOMMODATION 13. Public Campsites For any person aged eighteen years and above (a) (b) For any child aged three years and above but below eighteen years and students having two weeks prior approval from the Kenya Wildlife Service upon production of a valid students pass. (Individual students without arrangements from their institutions shall not be entitled to this rate). 14. Special Campsites For any person aged eighteen years and above (a) (b) For any child aged three years and above but below eighteen years and students having two weeks prior approval from the Kenya Wildlife Service upon production of a valid students pass. (Individual students without arrangements from their institutions shall not be entitled to this rate.) (1) A non-refundable reservation fee shall be payable in respect of all designated special camp sites at a rate of seven thousand five hundred shillings per week or part thereof; (2) Cancellation fee for special camp sites/or reserved sites shall be seven thousand five hundred shillings. 16. Eligible utility providers having installations within the Kenya Wildlife Service managed parks may be issued with a corporate pass. 17. Safaricard Replacement W6-81
PART V SERVICES AND SPECIAL ACTIVITY 18. Legal Notice No. 404/2007, is revoked. W6-82
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