WILDLIFE POLICY AND LEGISLATION REVIEW IN KENYA : HISTORICAL PERSPECTIVE

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WILDLIFE POLICY AND LEGISLATION REVIEW IN KENYA
HISTORICAL PERSPECTIVE

• BY WILBUR K. OTTICHILODIRECTOR
  GENERALRMCRDP.O BOX 632,00618NAIROBI, KENYA
  EMAIL wottichilo_at_rcmrd.org

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PRESENTATION OUTLINE

• Introduction
• Wildlife Policy and Legislation Prior to the 1975
  Wildlife Policy Paper
  
• The 1975 wildlife Policy Paper
• The Wildlife (Conservations and Management) Act
  (CAP376) of 1976 and formation of WCMD
  
• Wildlife conservation and Management by WCMD
• Establishment of Kenya Wildlife Service (KWS) in
  1989
  
• Earlier Efforts by KWS to formulate New Wildlife
  policy and Legislation
  
• Current Wildlife Policy Formulation Process
• Issues for Consideration During the Policy
  Formulation Process

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WILDLIFE POLICIES AND LEGISLATION PRIOR TO THE
1975 WILDLIFE POLICY PAPER

• Prior to 1975 Wildlife Policy and 1976 Wildlife
  Act, Wildlife Laws were Fragmented and so were
  the Institutional Arrangements.
  
• Earliest Relevant Legislation on Wildlife was
  Enacted in 1898, Establishing Game Reserves and
  Introduction of Controls on Hunting
  
• In 1907 a Game Department was Established to
  Manage Wildlife and Control Hunting
  
• In 1945, a Board of Trustees to Oversee and
  Administer Land set aside as National Parks was
  Established
  
• In 1946, the First National Park in Kenya was
  Established Nairobi National Park
  
• Both Game Department and Kenya National Park
  Trustees Co-existed until 1976 when their
  Functions were Fused Under a New Single
  Department Called WCMD

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THE 1975 WILDLIFE POLICY PAPER

• Introduced Policy Shift from Preservation
  Paradigm to Conservation Paradigm
  
• Introduced a New Policy Concept of Integral
  Wildlife Conservation and Management Based on
  Local Participation
  
• It Recognized the Extra-ordinary Value of Kenyas
  Wildlife both Within and Outside Protected
  Areas
  
• Fundamental Goal of the Policy was to Maximize
  Returns from Wildlife as a Natural Resource (para
  1)
  
• Returns from Conservation of Habitat and Wildlife
  were Broadly Defined to Include Aesthetics,
  Cultural, Scientific and Economic Gains
  
• Stressed the Need for a Single National Agency,
  the Wildlife Service, to implement the Proposed
  Policies

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ESTABLISMENT OF WILDLIFE CONSERVATION AND
MANAGEMNET DEPARTMENT(WCMD) AND ITS PERFOMANCE

• In 1976, a Wildlife (Conservation and Management
  )Act was Established to Legalize the provisions
  of the 1975 Wildlife Policy
  
• The Department of Game and National Parks were
  Combined as a single Agency- WCMD to Manage
  Wildlife
  
• Unfortunately WCMD did not live to the
  Expectation of the Policy which Created it
  
• WCMD Proved Extremely a Weak Institution in Terms
  of Performing its Mandated Functions
  
• Poaching Became so Rampant that in 1977 the
  Government Banned all Hunting of Game Animals
  (Legal Notice No.120 of 20th May 1977)
  
• In 1978 the Government Revoked all Dealers
  Licenses for Trophies (Act No.5 of 1978)
  
• In 1988, Kenyas Elephant and Rhino Populations
  were Decimated by 85 and 97 Respectively
  
• It became Urgent and Obvious that a New Wildlife
  Management was Required
  

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ESTABLISHEMENT OF THE KENYA WILDLIFE SERVICE(KWS)

• Kenya Wildlife Service was Established in 1989,
  after Amendment of the Wildlife Act of 1976 (Cap
  376)-Amendment Act 1989
  
• Kenya Wildlife Service Operational Strategies
  were Stated it its 1990 Zebra Book

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EFFORTS MADE BY KWS TO FORMULATE A NEW WILDLIFE
POLICY AND LEGISLATION

• KWS Zebra Book Identified a Need to Formulate a
  New Wildlife Policy and Legislation and Provided
  Funding for the Same
  
• In 1995 KWS Conducted Various Studies to Guide
  Policy Formulation Process
  
• In 1996, Draft Policy and Draft Bill were
  Prepared and Submitted to Government but they
  were not Implemented
  
• The Current (2006) Policy Formulation Process led
  by the Ministry of Tourism and Wildlife is
  Expected to Culminate in the Preparation and
  approval of the Long-Awaited Wildlife Policy

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SOME OF THE ISSUES THE PROPOSED POLICY SHOULD
CONSIDER

• Definition of Wildlife in the Context of
  Biodiversity
  
• Definition of Conservation priorities Based on
  Clear-cut Biological, Economic and Social
  Criteria
  
• Identification of Wildlife/Biodiversity Threats
  and Benefits
  
• Wildlife Ownership
• Wildlife User Rights and Responsibilities
• Human-Wildlife Conflicts and Compensation
• Stakeholder Participation in Wildlife
  conservation and Management
  
• The Role of KWS
• The Policy Implementation Strategy