LEGAL NOTICE NO. · THE FOREST CONSERVATION AND MANAGEMENT ACT, 2016 (No. 34 of 2016) THE FORESTS (COMMUNITY PARTICIPATION IN ... circumstances under which community involvement in

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LEGAL NOTICE NO. ………………..

THE FOREST CONSERVATION AND MANAGEMENT ACT, 2016(No. 34 of 2016)

THE FORESTS (COMMUNITY PARTICIPATION INSUSTAINABLE FOREST MANAGEMENT) RULES, 2020

ARRANGEMENT OF RULES

PART 1 – PRELIMINARY1―Citation and Commencement2―Application3―Interpretation4―Objectives and Purpose of the Rules

PART II— COMMUNITY PARTICIPATION5―Community Apply to Participate in Forest Management6 Area and Purpose for Participation7 Rejection of Recognition of Community Forest Association8 Recognition of Community Forest Management Group9 Rights and Responsibilities upon Submission of an Application for Recognition of a

Community Forest Management Group10 Assessment of Potential Uer Rights11 Application to Enter into a Community Forest Mangement Agreement12 Approval or rejection of an application to Enter into Community Forest Management

Agreement13 Approval of Application14 Rejection of Application15 Appeals

PART I1I – DEVELOPMENT OF PARTICIPATORY FOREST MANAGEMENTPLANS

16 ―Management PlanPART IV – COMMUNITY FOREST MANAGEMENT AGREEMENTS

17 ―Forest Management AgreementsPART V- FORMATION OF A FOREST LEVEL MANAGEMENT COMMITTEE

18 ― Formation of a Forest Level Management CommitteePART VI – COMMUNITY REPRESENTATION IN THE KENYA FOREST

SERVICE BOARD AND FOREST CONSERVATION COMMITTEE19 – Forest Association Representation in the Kenya Forest Service Board and Forest

Conservation CommitteePART VII - INCENTIVES THAT ENHANCE COMMUNITY PARTICIPATION

20 – Incentives that Enhance Community Participation in Conservation and Management ofForests

21 Assignment of Rights Under a Forest Management Agreement22 Entry into or Rejection of an Application for Assignment of Rights Under a Community

Forest Management AgreementPART VIII — GENERAL PROVISIONS

23 ―Forms and Documents Under these Rules

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Form I: Application for Recognition as a Community Forest AssociationForm II: Request for More InformationForm III: Notice of Rejection of the Application for Recognition as a Community ForestAssociationForm IV: Notice for Approval of Application for Community to enter into a Forest AssociationAgreementForm V: Application to Assign (Sub Contract) Rights under the Community Forest ManagementAgreement

Form VI: Notice of Rejection for the Forest Association to Assign or Enter into an Agreement orAssign Rights

SCHEDULEPrescribed FormsAnnex 1: Contents of a Participatory Forest Management PlanAnnex 2 : Community Forest Management Agreement

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THE FOREST CONSERVATION AND MANAGEMENT ACT

(No. 34 of 2016)

IN EXERCISE of the powers conferred by section 71 (2) of theForest Conservation and Management Act 2016, the Cabinet Secretary incharge of Forestry, on the recommendation of the Board, makes thefollowing Rules-

THE FORESTS (COMMUNITY PARTICIPATION INSUSTAINABLE FOREST MANAGEMENT) RULES, 2020

PART I — PRELIMINARIESCitation andcommencement.

1. These Rules may be cited as the Forests (Community Participationin Sustainable Forest Management) Rules, 2020, and shall come intooperation on such date as the Cabinet Secretary may, by notice in theGazette appoint.

Application. 2. These Rules -(a) shall apply to the participation of the forest communities in

the sustainable management of Public forests;(b) may be applied by a County Government where applicable,

with the approval of the County Executive CommitteeMember responsible for forestry, in the management ofcommunity forests by forest adjacent communities; and

(c) shall apply in the management of provisional forests declaredas such under section 35 of the Act.

Interpretation. 3 In these Rules, unless the context otherwise requires-“authorisation” includes a permit, silvicultural contract, and

community forest management agreement“contract management plan” means a site-specific management plan

prepared by an applicant or holder of a contract;“Community Forest Association” means a group of persons who areregistered as an association under the Societies Act (Cap 108) and whoare resident in an area close to the specified forest.

“forest general guidelines” means administrative guidelines issuedfrom time to time by the Service for effective carrying out of thefunctions of the Service;

“Forest Management Agreement” means an agreement between theService and a Community Forest Association, Local authority, or anyperson or organization for the purpose of managing a Public or localauthority forest.“Participatory Forest Management” A forest management approach,which deliberately involves the forest adjacent communities and otherstakeholders in management of forests within a framework, thatcontributes to community’s livelihoods

“Participatory Forest Management Plan” means a five year plan

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prepared to guide the Service, Forest Association and other stakeholdersin the management, conservation and utilization of a specific forest areain all practices that will minimize adverse environmental effects andimprove livelihoods,

"provisional forest" means any forest which has been declared aprovisional forest by the Cabinet secretary under section 35;

"public forest" means forests as classified under section 30 (2) and (3);"Service" means the Kenya Forest Service as established pursuant to

section 7 of the Act;Objectives andpurpose of theRules.

4. The objective and purpose of these Rules is to provide for thecircumstances under which community involvement in participatoryforest management may be allowed or declined and the manner in whichForest Associations may exercise a right or privilege conferred upon themunder the Act

Part II — Community Participation

Communityapply toparticipate inforestmanagement.

5. (1) a. The Service shall facilitate the formation of Forest Associationsbased on existing community structures as prescribed in CFA guidelines2009(2) b The Forest Association shall apply to the Chief Conservator ofForests for recognition in Form IThe Chief Conservator of Forests upon acceptance shall respond to theForest Association in Form II

2) The Forest Association shall submit to the Service an applicationform with the following:

(a) An updated register of its members and officials annually(b) Constitution of the Association(c) The Association’s financial regulations(d) Progress report of Associations’ activities(e) Site specific local operational guidelines(f) Registration Certificate(g) such other information as the Chief Conservator of Forests

may requireArea andpurpose forparticipation

6. (1) For purpose of community participation, the management unit fora forest shall comprise —

(a) the forest area under the jurisdiction of one forest station;or(b) Where geographical factors make separation of the unit into

blocks more practical, individual forest blocks within thejurisdiction of one forest station.

(2) Each Forest Association shall be restricted to a specific managementunit, and the Service may make a decision as to whether the parties shalldevelop individual Participatory forest management plans for eachmanagement unit or a combined Participatory forest management plancovering more than one unit.

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(3) Where more than one Forest Association makes an applicationin respect of the same management unit, the Associations shallconsolidate themselves into one Association for purposes of theapplication and management of the unit.

(4) In situations where the Forest Associations fail to consolidateinto one, the Service may enter into an agreement with the ForestAssociation that;—

(a) has the capacity to implement the activities set out in themanagement plan; and

(b) is most representative of the interests of the wider forestcommunity.

(5) The Service in consultation with the Forest Association and relevantstakeholders shall develop rules guiding access and use of forests.(6) The Service shall encourage the Forest Associations to participate inthe sustainable management of Public forests

Rejection ofrecognition of aForestAssociation

7. (1) The Chief Conservator of Forests shall reject an application for a forestassociation where the applicants fail to meet the requirements specified in theapplication form.(2) Where an application is rejected under sub-regulation (1), the ChiefConservator of Forests shall notify the applicant of the reasons for the rejection inForm III.

Recognition of aForestAssociation

8. (1) The Chief Conservator of Forests shall, where the applicants meet therequirements referred to in regulation 7, recognise a group as a Forest AssociationForm IV.

(2) Where the Chief Conservator of Forests fails to respond to an application forrecognition of a forest association within 21 days from the time it was lodged, theapplication shall be considered approved and the association will stand recognised.

Rights andResponsibilitiesupon submissionof an applicationfor recognition ofa ForestAssociation

9. (1) The forest area under the agreement shall be for use by a forest association asprescribed in the agreement The Chief Conservator of Forests shall, where a forestassociation is not recognised in accordance with these regulations, not issue alicence or permit for a proposed forest area.

(2) The recognised Forest Association shall—(a) protect and restrict access to the forest area by persons not part of

the community;

(b) control restricted activities within the identified forest area; and

(c) report forestry related offences to the ServiceAssessment ofpotential userrights

10. (1) A recognised Forest Association shall carry out field appraisals andsocio-economic surveys in accordance to Participatory Forest Management 2015and Participatory Forest Management Plan guidelines 2015.

(2) The Forest Manager shall assist the Forest Association in conducting theassessments referred to in 10 (1).

Application forForestManagementAgreement

11. (1) A recognised forest association under regulation 8 shall within 90 daysof recognition enter into a Forest Management Agreement as set out in Annex2The Chief Conservator of Forests may revoke recognition of a forest association

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where an application has not been received within the specified period in Form V.

(2) An application to enter into a Forest Management Agreement shallbe accompanied by the documents prescribed in the Forest ManagementAgreement annexed 1

(4) The Chief Conservator of Forests may request for further informationin Form II.

Entry into orrejection of anapplication to enterinto a ForestManagementAgreement

12. (1) The Chief Conservator of Forests shall, within 90 days of receiptof an application under regulation 11, approve or reject an application forentering into a Forest Management Agreement.

Approval ofapplication

13. Where the Chief Conservator of Forests approves an application toenter into a Forest Management Agreement, the approval shall be by noticein Form III

Rejection ofapplication

14. Where the Chief Conservator of Forests rejects an application forForest Management Agreement, the rejection shall be in Form V

Appeals 15 A person aggrieved by the decision of the Service in relation to the applicationmade in accordance with this may appeal to the Environment and Land Courtwithin sixty (60) days after the decision.

Part III: Development of Participatory Forest Management Plans

Managementplan 16 (1) The Forest Association in collaboration with the

Service shall prepare a management plan covering a periodof at least five years in respect of a Public forest pursuant toSection 47 of the Act.

2) The Forest Management Plan shall be prepared inaccordance with PFMP guidelines 2015 and the contents inAnnex 1 provided by the Service which may be revised fromtime to time.

Contracts topreparemanagementplans

(3) The Service may, whenever it deems appropriate to do so,enter into a contract with a suitably qualified person forpreparation of a management plan, on its behalf within aPublic forest which is under its control.(4) A qualified person who wishes to prepare a ParticipatoryForest Management Plan can make an application to theService for an authorisation to prepare a management planwithin a Public forest under these rules.(5) The Service shall evaluate the Participatory ForestManagement Plan prepared under paragraph (2), (3) and (4)based on social, economic, environmental and sustainabilityfactors and shall, with or without modification, review andapprove the plan.(6) The Service shall ensure the developed management planis subjected to public participation and provisions of section

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47 (5)(7) The implementation of the participatory forestmanagement plan will be guided by a Forest ManagementAgreement signed between the Service and the ForestAssociation

Part IV: Community Forest Management AgreementForestManagementAgreement

17. (1) The Service may enter into a Forest Management Agreement with aforest association wishing to conserve and utilize a forest for purposes oflivelihood, cultural, conservation or religious practices

(2) A forest association shall qualify to enter into an agreement with theService if it meets the provisions of the Societies Act Cap 108 (revised 2012)

(3) For purposes of community participation, a forest association shallnegotiate, draft and sign a community forest management agreement inrespect of the forest management unit

(4) A community Forest Management Agreement shall be as set out in Annex2

(5) Where a forest association, in implementing a Forest ManagementAgreement, engages in commercial activities, the association shall complywith all the laws for the time being in force for the regulation of suchactivities.

(6) If an association fails to abide with the provisions under paragraph (5) itshall be deemed to have breached the community forest managementagreement

(7) The Service and the Forest Association shall, before entering into a forestmanagement agreement; —

(a) identify the forest management unit proposed to be the subject of theagreement and its resources;

(b) assess the method applied by the Forest Association in the utilizationof the forest and the impacts thereof

(8) The Service shall apply the Participatory Forest Management Guidelines2015 in the implementation of forest management plan and agreement

(9) The Service shall, in consultation with the relevant stakeholders, fromtime to time review and revise the guidelines specified under paragraph (8).

Part V: Formation of a Forest Level Management CommitteeForest LevelManagementCommittee

18. (1)) The Service shall initiate the formation of a Forest Level ManagementCommittee within its establishment to assist in the implementation of the forestmanagement agreement comprising 7-9 members as follows; -

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(a) representative from the Service;

(b) representatives from the Forest Association; and

(c) other active stakeholders in the area

(2) The Service shall in consultation with relevant stakeholders strengthenForest Level Management Committee through

(a) Development of procedures and guidelines for efficient administration

(b) Formulation of Forest Level Management Committee code of conduct togovern the conduct of members.

(c) Payment of allowances to Forest Level Management Committee membersas per recommendation from the Salary and Remuneration Commission

(3) The Forest Level Management Committee shall monitor and evaluate theimplementation of the Participatory Forest Management Plan and Agreement.

4) The Service shall provide technical assistance and capacity building ofFLMC to empower it perform its functions under these rules.

(5) The Service shall facilitate the Forest Association through the Forest LevelManagement Committee to develop Community Financing Development Cycle.

Part VI: Community Representation in the Kenya Forest Service Board and the ForestConservation Committees

19 (1) The Service shall promote formation of a network of forest associationswithin each ecosystem for effective conservation and management of the forests

(2) The network of forest associations shall;

(a) Form a national body of forest associations drawn from all theecosystems

(b) Mobilize resource for capacity building and investments for the forestassociations

(c) Assist forest associations in conflict management

(d) Nominate a forest association representative to the Forest ConservationCommittees

(3) The Ecosystem based networks of forest associations shall nominate onerepresentative to the National Body of Forest Associations.

(4) The National body of Forest Associations shall have the following functions;

(a) To coordinate and promote the activities of forest associations in the country

(b) To nominate a representative to the Kenya Forest Service Board ofManagement pursuant to section 20 of the Act.

(c) Promote good governance

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Part VII: Incentives that Enhance Community Participation in the Conservation andManagement of Forests

20 (1) The Service may enhance community participation through provisionof incentives to the Forest Associations in their specific forest areas through;

(a) Recommendation to the Board of Trustees for access of resourcesfrom the Forest Conservation Trust Fund pursuant to Section 27 of theAct

(b) Enabling and linking the forest associations to private investors anddevelopment partners in forest conservation

(c) Provision of technical training for community-based forestindustries

(d) Facilitation of forest associations to access and sustainably utilizewood and non-wood forest products for income generation

(e) Supporting forest associations to resolve natural resource relatedconflicts(f) Strengthening collaborations with Kenya Forestry Research Institutein undertaking research to document and patent indigenous knowledge intheir forest areas

(g) Development of guidelines on provision of incentives

Part VII: Transfer of rights

Assignment ofrights underCommunityForest Agreement

21. (1) Where a forest association intends to assign some or all of its rights under acommunity forest agreement to any other person or group, the group shall apply to theChief Conservator of Forests for the transfer of rights in Form VI set out in theSchedule.

(2) The person or group being assigned the rights shall be subjected to requirements ofthe approved community forest agreement and additional conditions specified in theSchedule.

(3) The CFA and the persons to be assigned rights shall specify the benefits sharingarrangements.

(4) The Chief Conservator of Forests may request further information set out in Form II

Entry into orrejection of anapplication forassignment ofrights under aForest Agreement

22. The Chief Conservator of Forests shall, within 60 days of the application approve orreject a request for assignment of rights under the forest agreement Form VI

PART VIII — GENERAL PROVISIONS

23: Forms and documents under these rules

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KFS Logo

FORM IKenya Forest Service

The Forests Conservation and Management Act, 2016(Act No. 34 of 2016)

The Forests (Community Participation in Sustainable Forest Management)Rules 2020

APPLICATION FOR RECOGNITION AS ACOMMUNITY FOREST ASSOCIATION

1 Name of Applicant (Name of Forest Association):……………………………………………................................………………………………………….

2 Proposed Area.................................................................................... (name of forest area)Village/s:…………………............…………………………………...................................................…..Location/Ward………… ……....................................................................................................................County: ………………………............................……. (Conservancy)………………………..….........

3 Statement of intention and use for the area:……………………………………………………………………...............................…………………...……………………………………………………………………...............................…………………...……………………………………………………………………...............................…………………...……………………………………………………………………...............................…………………...……………………………………………………………………...............................…………………...

4 Statutory Declaration:I,___________________ on behalf of the ……………… (Name of forest association) , confirm that thecommunity of ___________________ in the County of ______________________wish to be recognized as aForest Association for the purpose of PFM for Conservation and utilization of ________ forest area. I confirmthat the majority of the community, including all forest users have been made fully aware of the rights andresponsibilities provided through the Forest Conservation and Management Act, 2016 and have had theopportunity to join and participate in the group. I hereby confirm that through free and prior informed consentthe community willingly and actively wish to participate in forest management through assignment of userrights over the proposed forest area.

SIGNED_______________________________________________

Name Date and stamp: ……………………………………

CHAIRPERSON COMMUNITY FOREST ASSOCIATION

5. Endorsement by Forest Manager and confirmation that the Forest Associationrepresented by applicants in the list attached are Kenyan citizens from above?Adjacent community.

.……………….................. ……………………….Name of KFS Official Forest Signature and Date

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(Note signature confirms consensus to the proposed area in accordance with the ForestAct).

FOR OFFICIAL USE ONLYApplication received by: Ecosystem Conservator

Name: ………………………..

Signature:…………………….

Confirming application form is complete includingattachments for onward submission.

Stamp:

OFFICIALSTAMP

Date received: …………………………

Date sent to Head of Conservancy……………………..……

Name: ………………………..Signature:…………………….

Stamp:

Date: …………………………

OFFICIALSTAMP

Recognition decision by: Chief Conservator of Forest (Chief Conservator of Forests)Approval of application for recognition (yes/no)

Request further information (Specify information required as per Form II):

Rejection of application (Specify grounds for rejection Form III):

Name: ………………………..

Signature:…………………….

Stamp:

OFFICIALSTAMP

Date: …………………………File ref number:

Copies to:

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FORM II

KFS Logo

Kenya Forest Service

The Forests Conservation and Management Act, 2016

(Act No. 34 of 2016)

The Forests (Community Participation in Sustainable Forest Management) Rules2020

REQUEST FOR MORE INFORMATION

To (1) ……………………… ………………….....……………….(1) Here insert the full

names and addressof applicant

(2) Here insert thereference No. of theapplication

………………………………………………………………………IN THE MATTER OF (2)………………………………………….......................………… you

are requested to furnish the following information or documents inrespect of your application for ……………………..

(a) ..............………..……………………………...………………(b) ..............………..……………………………...………………(c) ……………………………………………………………….(d) ....................................................................................................

within …………………….. days.

If you fail to furnish the requested information within the stipulated period, your applicationwill be treated as invalid and shall be rejected.

Dated this …………… day of ………………….. 20……………

…………………………………….

Chief Conservator of ForestsKenya Forest Service

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FORM III

KFS Logo




NOTICE OF REJECTION OF APPLICATION FOR RECOGNITION AS AFOREST ASSOCIATION

To (1) ………………………………………………………..………

(1)Here insert the fullnames andaddress ofapplicant

(2)Here insert thereference No. oftheapplication

……………………………………………………………..IN THE MATTER OF (2)…………………………………………………….................... you are

notified that your application for recognition as a community forestassociation has been rejected on the

following grounds:(a) ………………………………………………..(b) ………………………………………..(c) ……………………………………….................Dated this …………… day of ………………….. 20…………

…………………………………….Chief Conservator of Forests


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FORM IV

KFS Logo

The Forests Conservation and Management Act, 2016

(Act No. 34 of 2016)


NOTICE FOR APPROVAL OF APPLICATION FOR FOREST ASSOCIATION TOPARTNER WITH THE SERVICE

(1)

Insert the full names and address of applicant

(2)

Insert the reference No. of the application acceptance

To (1) ……………………...........…………………………….

……………………………………………………………………………………

IN THE MATTER OF (2) .....…………………………………

you are notified that your application for acceptance to entering into an agreement with theservice has been approved on the following grounds:

(a) …………………………………………………….........

(b)…………………………………………………………..........

(c) …………………....……………………………………..........

(d) …………………………………………………………..........

Dated this …………… day of ……………….. 20……………

…………………………………….

Chief Conservator of ForestsKenya Forest Service

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FORM V

KFS



The Forests (Community Forest Management) Regulations, 2020

APPLICATION TO ASSIGN (SUB CONTRACTING) RIGHTS UNDER ACOMMUNITY FOREST MANAGEMENT AGREEMENT

Title

Declaration

(2) Here insertthe referenceno. of theapplication

We, _________________ (name of CFA) in ________________ forest stationin ______________ County in ______________ Conservancy wish to applyfor assignment of the user rights received prescribed under the ForestManagement Agreement dated ___________________to the followingperson or group for the following purpose:Reference No. (2) …………………..…………………………………….....

The following are the rights under the Community Forest ManagementAgreement to be assigned:(a)...............……………………………………………..………...........……(b)………………………………………………….......................…………(c)......................…………………………………………………..…………(d)......................………...……………………………………..……………Details for the persons or group to be assigned rights under the CommunityForest Management Agreement,

(a) Name(s)……………………………………..............................

(b) Address………………………………………………….………

Nature of the intention or use of assigned right:

…………………………..............................................................................

Parties:……….....................………List of benefits.................................................................................................

Benefi sharing framework ……………………….…………………………..We confirm that, subject to the nature of the rights to be assigned, further

consultation may be required including other concerned stakeholders. We

confirm that the persons or group have been made fully aware of the rights

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and responsibilities provided through the Forest Conservation and

Management Act, 2016 and will be required adopt such obligations as may

be determined by the Chief Conservator of Forests.

Dated this ……………day of ……………20 ………………………….

FOR OFFICIAL USE ONLY

Submitted to: Forest Station Manager

Name: ………………………..Stamp:

Position:……………………...Signature:…………………….

Date received:

………………………….Date sent to EC……………………

OFFICIALSTAMP

Recommended Ecosystem ConservatorName: ……………..…………….….Position……………………………...Signature: ………………………….

StampOFFICIALSTAMP

Date received………………………………Date sent to the HoC…………………

Recommended Head of ConservancyName: ……………..…………….….Position……………………………...Signature: ………………………….

StampOFFICIALSTAMP

Date received………………………………Date sent to the Chief Conservator of Forests…………………

Approved by: Chief Conservator of ForestsName: ………………………..Position:……………………...Signature:…………………….

Stamp:Date

received……………………Date: ………………..……………

OFFICIALSTAMP

Subject to conditions:

File ref number:

Copies to:

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FORM VI

KFS




NOTICE OF REJECTION FOR A FOREST ASSOCIATION TO ASSIGN OR ENTERINTO AN AGREEMENT OR ASSIGN RIGHTS

(1) Here insert thefull names andaddress ofapplicant

(2) Here insertthe referenceNo. of theapplicationwhere?

To (1)………………………………………………....................…

……………………………………………………………………………………

IN THE MATTER OF (2)………………………………..………you are notified that your application for recognition as a Community Forestassociation or to enter into a Community Forest agreement or to assign rights, hasbeen rejected by the Chief Conservator of Forests on the following grounds:

(a)………………………………………………………................

(b)……………………………………………….........................…

(c)………………………………………………………............…

(d)………………………………………………………...........…

Dated this……………day of………………..20……………

…………………………………….

Chief Conservator of Forests


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SCHEDULE

Annex 1

Annex ---: CONTENTS OF A PFMPPRELIMINARYPAGES

CONTENTS DETAILS

i. Cover Page Plan Title and Duration Photos Logos

ii. Approval Page Plan title and duration Chief Conservator of Forests signature

and date of approvaliii. Forewordiv. Executive Summaryv. Acknowledgements

vi. Acronyms and Abbreviationsvii. Table of Contents Table of Contents

List of Tables List of Figures List of Plates

CHAPTER CONTENTS DETAILS

1. Introduction 1.1 Background1.2 Justification of the management plan1.3 Approach to plan development1.4 Title and duration of the Plan1.5 Implementation of the plan1.5.1 Amendment/Revision of the plan1.5.2 Funding of the plan1.6 Status of implementation of the previous plan

2. Description of theForest

2.1 Geographic Location2.2 Legal and Administrative Status2.3 Biophysical Description of the Forest (topography, climate,

geology and soils, hydrology)2.4 Biodiversity description (Flora and Fauna)2.5 Other Resources (Non wood forest resources, Ecotourism sites,

Infrastructure and Equipment, Human Resources)2.6 History of the Forest Reserve2.7 History of CFA formation and current status

3. Socio-Economic Status 3.1 Socio-Economic Status (Population, Forest adjacentcommunities, Education level, Settlement patterns and trends,Land Tenure, Land Use, Local Economic activities, Interactionbetween the forest and Local communities)

3.2 Stakeholder Analysis4. Planning

Considerations4.1 Policy and Legal Framework4.2 Links to Multilateral and Environmental Agreements4.3 Links to Countries planning process (Vision 2030, KFS strategic

plan)4.4 Rationale for Management Planning Value of the Forest Reserve Threats to Forest Conservation

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CHAPTER CONTENTS DETAILS

Constraints to Forest Conservation Problem Analysis Vision of the Plan Main Objectives Forest Management and Utilization Zonation

5. ManagementProgrammes

For each programme such as Natural Forest, Plantation,Water, Community, etc (See attachment for format adoption)

5.1 Programme 1 Background Management Issues Management Objectives Management Actions

5.2 Programme 2 Background Management Issues Management Objectives Management Actions

5.3 Programme 36 Plan Implementation 6.3 Financial Management

6.4 Environmental Impact Assessment6.5 Plan Monitoring and Evaluation6.6 Institutional Arrangements for Plan Implementation

ReferencesAppendices List of LPT members

List of participants – all meetings and workshopsList of plants and tree species important to the communityList of animal spp of economic importance to the communityM & E framework (template will be provided for customization)

Programme Template:Action Unit 5 yr

targetsMeans ofverification

Annual targets (yrs) Lead Agencies Budget1 2 3 4 5

Objective 1…………..……………………………………………………………1.

Objective 2………………………………………………………………………..

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KENYA FOREST SERVICE

Annex 2

COMMUNITY FOREST MANAGEMENT AGREEMENT

This agreement is made this……………..…….…day of ……………….……………………20…

BETWEEN Kenya Forest Service, a State corporation established under the ForestConservation and Management Act, 2016 and of P.O. Box 30513-00100, Nairobi in theRepublic of Kenya (hereinafter referred to as “the Service”) and charged with the overallmandate of ensuring sustainable management and conservation of Kenyan forests and forestresources for the socio-economic development of the country, including promotion ofcommunity participation in conservation and management of State forests.

AND

………………………………………………………………………………………………….ofP.O. Box ……………………………, in the Republic of Kenya (hereinafter referred to as “theAssociation”) registered under the Societies Act, Cap 108, vide Certificate of RegistrationNo…………………………….., attached hereto as Annex 1 and has the interest of managing andconserving …………………………………….forest reserve as per the Association’sConstitution attached hereto as Annex 2 and pursuant to the Participatory Forest ManagementPlan approved by the Chief Conservator of Forests on ……………………..20.

WHEREAS:

Both parties have agreed to carry out their respective duties aimed at sustainable managementand conservation of ……………………………………..Forest Reserve in accordance with theprovisions of the Forest Conservation and Management Act 2016, pursuant to the followingterms.

1. OBJECTIVES AND PURPOSE

(a) The Parties enter into this Agreement for purposes of granting the Association permissionto participate in the conservation and management of …………… forest reserve locatedin ……… County as per the attached site-specific participatory management planattached hereto as Annex 4.

(b) The forest area comprises …….. Hectares and its boundaries are ?? better in theManagement Plan.

(c) The map and the Management Plan form an integral part of this Agreement.

2. ASSIGNMENT OF RIGHTS UNDER THIS AGREEMENT

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(a) The Association may only assign its rights/responsibilities under this Agreement with thewritten approval of the Service.

(b) The Service shall not approve any assignment that will be in conflict with the mainobjectives and purpose set out in this Agreement.

(c) The Association is liable for all the activities, acts and omissions of the assignees of itsrights under the Agreement.

3. DURATION

This Agreement shall last for a period of Five (5) years commencing on the date of signing.

4. AUTHORISED ACTIVITIES

(a) The Association may carry out those activities outlined in the site-specific ForestManagement Plan.

(b) The Association may, with the prior written approval of the Service, enter intopartnership or Agreement with other persons for the purposes of ensuring efficient andsustainable conservation and management of the forest area.

5. BASIC WARRANTIES OF THE SERVICE

(a) The forest area is a State forest.

(b) At the time of entering into this agreement, the property rights attached to the forest areaconsist of:-

(i) The easements, rights of way, servitudes, mineral rights, or other claims of recordslisted in Annex 3;

(ii) Any customary rights established under section 52 of the Forest Conservation andManagement Act, 2016; and

(iii) The right of ownership by the Service and the Government.

And these rights shall remain during the tenure of this Agreement.

6. BASIC WARRANTIES OF THE ASSOCIATION

(a) The Association is duly registered by the Registrar of Societies and is validly existing andin good standing.

(b) The Association shall retain its power, ability and competence in carrying out its rightsand obligations under this Agreement.

7. RIGHTS OF THE SERVICE

(a) This Agreement is subject to the provisions of the Forest Conservation and ManagementAct, 2016.

(b) The Service may inspect records kept by the Association from time to time.

(c) The Association shall advise the Service as soon as possible of any changes in theConstitution, leadership and anything else deemed significant.

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8. RIGHTS OF THE ASSOCIATION

The Association, its members, servants, employees and agents shall have the right to enter theforest area for purposes of carrying out activities to fulfill the requirements of this agreement.

9. USER RIGHTS

(a) The Association shall have the following user rights:-

(i) ………………….

(ii) . ………………….

(iii) . ………………….

(iv) ………………….

(v) . ………………….

(vi) . ………………….

(vii) ………………….

(viii) Other benefits which may from time to time be agreed upon between the Associationand the Service.

(b) Subject to section 49 (3) of the Forest Conservation and Management Act, 2016, theService, through the Chief Conservator of Forests may, in consultation with theAssociation, make rules regulating the performance of any of the above user rights.

(c) The grant of the user rights shall not exclude the Association or its members from payingsuch fees, taxes and levies required for the exercise of the right or carrying out of activityor by any law.

(d) The grant of the user rights shall not exclude the Association from complying with otherlaws.

10. OBLIGATIONS OF THE SERVICE

(a) The Service shall allow access to the forest area of the Association, its members,servants, employees and agents for the purposes of carrying out activities to fulfill therequirements of this agreement provided that such access is done in an orderly manner,on designated paths, routes and roads and without committal of any offences under theForest Conservation and Management Act, 2016.

(b) The Service shall monitor, evaluate and offer technical expertise on the implementationof the site-specific Management Plan.

11. OBLIGATIONS OF THE ASSOCIATION

(a) The Association shall protect, conserve and manage the forest or part thereof pursuant tothis management agreement and the provisions of the approved management plan for theforest.

(b) The Association shall protect sacred groves and protected trees.

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(c) The Association shall assist the Service in enforcing the provisions of the ForestConservation and Management Act, 2016 and any rules and regulations made pursuantthereto, in particular in relation to illegal harvesting of forest produce and hunting ofgame.

(d) The Association shall inform the Service if it becomes aware of any developments,changes and occurrences within the forest which are critical for the conservation ofbiodiversity.

(e) The Association shall take precautions against occurrence of fire and where it occurs,help in fire fighting.

(f) The Association shall maintain a roll of its members, agents, servants and employees andshall update the same regularly and furnish the details of the roll to the Service uponrequest.

(g) The Association shall keep written records of all activities conducted in the forest areaand preserve those records for at least six years from when first written or throughout theduration of this Agreement whichever is longer.

(h) Where the Association engages in commercial activities, it shall comply with all the lawsfor the time being in force governing such activities, and any violation of those laws shallbe considered to be a breach of this Agreement.

(i) Report to the service on the implementation of agreed activities.

12. INDEMNITY, RISK AND LIABILITY

(a) The Association shall indemnify the Service against all losses, claims, demands, actions,proceedings, damages, costs or expenses or other liability arising in any way from thisAgreement or any breach of any of the obligations on the part of the Associationcontained in this Agreement or the exercise or purported exercise of the rights givenherein.

(b) The Association shall provide adequate security for its members, employees, servants andagents and shall ensure that precaution and other necessary measures are taken to protectthemselves against risks such as harm from wildlife, fires, rivers, falling trees and otherobjects associated with management of the forest.

(c) In this regard, the Service is not liable for any injury, loss or damage occurring to theAssociation, its members, employees, servants, agents, goods or equipment while insidethe forest.

13. TERMINATION OR WITHDRAWAL OF USER RIGHTS

(a) The Service may terminate this Agreement in the following circumstances:-

(i) Where the Association is deregistered;

(ii) Where the Association breaches any of the terms and conditions of thisAgreement and mediation methods have failed;

(iii) Where the Service considers termination as necessary for purposes ofprotecting and conserving biodiversity;

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(iv) Where the Association itself so requests;

(b) The Service may withdraw a particular user right in the following circumstances:-

(i) Where the Association breaches any of the terms and conditions of this Agreement;

(ii) Where the Service considers withdrawal as necessary for purposes of protecting andconserving biodiversity;

(iii) Where the Association is dissatisfied and so requests.

Where the Service intends to terminate this Agreement or to withdraw a particular userright, it shall give the Association thirty (30) days’ notice in writing to show cause whythe Management Agreement should not be terminated or the user right so withdrawn.During this period, this Agreement or the right in question shall be suspended, as the casemay be.

14. DISPUTE RESOLUTION

(a) In the event of any dispute, question, or disagreement arising from or relating to thisAgreement, the parties hereto shall use their best efforts to settle the dispute, question, ordisagreement. To this end, they shall consult and negotiate with each other in good faithand, recognizing their mutual interests, attempt to reach a just and equitable solutionsatisfactory to both Parties.

(b) Where the Association is aggrieved by the decision of the Service on the implementationof this agreement, it may within thirty (30) days after being notified of the decision,appeal to the Board of the Service against the decision.

(c) Notwithstanding the above provisions with respect to dispute resolution, any partyaggrieved under this Agreement may, upon giving thirty (30) days’ notice, refer thematter in dispute to the National Environment Tribunal pursuant to section 70 of theForest Conservation and Management Act, 2016

15. RELATIONSHIP OF PARTIES

(a) This Agreement does not create any kind of joint venture or partnership between theParties.

(b) This Agreement does not make either party the agent of the other.

(c) This Agreement does not give the Association exclusive possession of the forestarea or any part thereof nor is it intended to create a lease or tenancy in any waywhatsoever.

IN WITNESS WHEREOF the Parties hereto have caused this Agreement to be executed and

sealed on the ……………………. day of ………………………………….. 20.

SEALED with the common seal of the )

KENYA FOREST SERVICE ))

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………………………………………. )Chief Conservator of Forests )

)In the presence of: )

)………………….. )Chief Legal Officer )

SIGNED for and on behalf of the )

……………………………….. )

Community Forest Association )

)…………………………….. )………………………………………Chairperson )

)In the presence of: )…………………………… )……………………………………….Secretary )

)……………………………….. )……………………………………….Treasurer )