Tobiko writes to parliament protesting changes to law on forest management

Ministry of Environment and Forestry has petitioned the speakers of the National Assembly and the Senate expressing strong disapproval to proposed changes to the Forest Conservation and Management Act (FCMA).

In his petition, Environment Cabinet Secretary Keriako Tobiko lamented a proposal to delete Section 34(2) of the Act saying this will compromise protection of the country’s public forests and undermine the capacity to provide the forest goods and services to Kenyans.

Tobiko wants Speakers Justin Muturi and Kenneth Lusaka to reconsider the planned introduction of the said Bill noting that that targeted section is critical to the national economy and livelihoods.

“The Ministry is opposed to the proposed amendment because of the cardinal role it plays in the provision of technical advice related to Forestry Conservation Management to the National Assembly and Parliament before any action is taken for alteration or variation of forest boundaries,” Tobiko said in the petition

Tobiko further noted that it was a matter of great concern that the issue had not been brought to his Ministry’s attention through ‘accepted official channels.’ He expressed disappointment that the matter only came to light through media reports.

According to the Environment Minister, the action by MPs has caused ‘panic and doubt in the international community’ about Kenya’s commitment to her 10 percent forest cover aspirations as enshrined in the Constitution and as reiterated by President Uhuru Kenyatta.

“For avoidance of doubt on this matter, the ministry recommends the retention of Section 34 (2A) which states that “A petition under subsection (I) shall only be forwarded to the national assembly on the recommendation of the Service (Kenya Forest Service),” Tobiko charged

Indeed, Kenya Forest Service board Chairman Peter Kinyua has already delivered a petition to Parliament asking lawmakers to reject attempts to undermine the authority of the Service in the protection of forests.

Kinyua says the proposal to scrap article 34(2) of the Forest Conservation and Management Act (2016) is an affront to environmental conservation.

“The Forest Act of 2016, was carefully drafted to respond to wanton destruction of forests experienced in Kenya in the 1990s and the 2000s, largely due to excisions of public forests,” he said in a statement

Players in the sector are concerned that the Bill published in Parliament seeks to give MPs greater say in the management of public forests, will create a loophole that will expose the country’s gazetted forests to human activity.

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