REPUBLIC OF KENYA MINISTRY OF ENVIRONMENT AND FORESTRY Taskforce Report on Forest Resources Management and Logging Activities in Kenya April 2018 REPUBLIC OF KENYA MINISTRY OF ENVIRONMENT AND FORESTRY Taskforce Report on Forest Resources Management and Logging Activities in Kenya April 2018 TASKFORCE TO INQUIRE INTO FOREST RESOURCES MANAGEMENT AND LOGGING ACTIVITIES IN KENYA The Cabinet Secretary Ministry of Environment and Forestry NIHF Building 12th Floor NAIROBI 30th April 2018 Cabinet Secretary, This Taskforce was appointed through Gazette Notice No. 28 dated 26 February 2018 to look into the Forest Resources Management and Logging Activities in Kenya. We were launched on 5th March 2018 by His Excellency the Deputy President, whereupon we embarked on our work immediately. We have now completed our work and have the honour to present to you our Report, which contains our findings and recommendations on Sustainable Management of Forest Resources in Kenya. We take this opportunity to thank you for the honour and trust you placed on us. We also wish to express our continued loyalty and highest esteem to the people and the Government of Kenya. Yours Taskforce to inquire into Forest Resources Management and Logging Activities in Kenya 1 Taskforce Report on Forest Resources Management and Logging Activities in Kenya 1 NAME POSITION SIGNATURE 1. Mrs Marion Wakanyi Kamau Chairperson 2. Ms Linda Chepkorir Ruto Munyao Member 3. Ms. Phyllis Wakiaga Member 4. Mr Christian Lambrecht Member 5. Dr Isaac P. Kalua, CBS Member 6. Mr Duncan M. Kimani Member 7. Mr Ernest Nakenya Nadome Member 8. Mr Adil Arshed Khawaja Member 9. Mr Gideon Solonka Kilakoi Member 10. Ms Faith Waguthi Waigwa Member 11. Mr Bernard M. Karicho Member 12. Mr Peter Kiria Mbugi Member 13. Mr Augustine K. Masinde, EBS Member 14. Mr David Tambo Member 15. Mr Julius Kamau Co-opted Member 16. Mr Robert Njue Co-opted Member 17. Ms Anne Cheruto Tek Co-opted Member 18. Mr Stephen M. King’uyu Joint Secretary 19. Ms Irene Kamunge Joint Secretary 2 Taskforce Report on Forest Resources Management and Logging Activities in Kenya TERMS OF REFERENCE a) To determine the scale of illegal logging, destruction, degradation and encroachment of public and community forests, water towers and other catchment areas, as well as the associated impacts. b) To review the procedures, qualification and conditions for licensing of saw millers to determine their adequacy, fairness and appropriateness. c) To review and determine the effectiveness of the monitoring and verification procedures to ensure compliance with the license conditions. d) To review the chain-of-custody system established by the Kenya Forest Service through which forest products from public, community and private forests are distributed, tracked and monitored from their origin in the forest to their end- use, and determine their adequacy and effectiveness. e) To review felling plans, and the associated programmes, including planting and replanting, to determine their adequacy and effectiveness. f) To determine the institutional and technical capacity of the Kenya Forest Service and other agencies involved in the management of forests to enforce compliance with forest laws and regulations. g) To determine the effectiveness and efficiency of inter and intra-agency collaboration amongst all agencies involved in the management of forests. h) To review and determine the effectiveness of participatory forest management programmes, including the operational and governance structures of Community Forest Associations. i) Review and analyse the valuation procedures and methods for forest stocks. j) Audit revenue generation from forests against the investment and operational costs. k) To review the Forest Act (No. 34 of 2016) and other related acts to enhance penalties for breach of the applicable laws and regulations. l) To review the laws and regulations governing charcoal burning and trade, and make recommendations on the need, or otherwise, to ban charcoal burning, trade and use. m) To make recommendations on short-term, medium-term, and long-term actions to ensure sustainable management, restoration and protection of forests and water catchment areas. Taskforce to inquire into Forest Resources Management and Logging Activities in Kenya 3 Taskforce Report on Forest Resources Management and Logging Activities in Kenya 3 4 Taskforce Report on Forest Resources Management and Logging Activities in Kenya EXECUTIVE SUMMARY The Forest Sector is key to Kenya’s social and economic wellbeing as most of the country’s economic sectors rely on environmental based resources for their sustenance. The Sector contributes about Kenya Shillings 7 billion to the economy and employs over 50,000 people directly and another 300,000 indirectly. Forest ecosystems also enhance landscape resilience to climate change. In the country’s water towers, forests provide environmental services that include water quality and quantity, reduction of soil erosion, and creation of micro-climatic conditions that maintain or improve productivity. Forests are also known to be among the most effective sinks of greenhouse gases, which cause climate change, and hence they are important in contributing to climate change mitigation. Kenya’s forest cover is estimated to be about 7.4% of the total land area, which is a far cry from the recommended global minimum of 10%. On the other hand, Kenya’s closed canopy forest cover currently stands at about 2% of the total land area, compared to the African average of 9.3% and a world average of 21.4 per cent. Most of the closed canopy forests in Kenya are montane forests that are also the nation’s water towers. In recent years, Kenya’s forests have been depleted at an alarming rate of about 5,000 hectares per annum. This is estimated to lead to an annual reduction in water availability of approximately 62 million cubic metres, translating to an economic loss to the economy of over USD 19 million. The depletion has the potential to rollback strides towards the attainment of Vision 2030 and the Government’s Big Four Agenda of food and nutritional security, affordable and decent housing, universal healthcare and manufacturing, if it is not urgently addressed. It is against this background that the Cabinet Secretary for Environment and Forestry, constituted a Taskforce to inquire into forest resources management and illegal logging in the country, through Kenya Gazette Notice No. 28 dated 26th February 2018. The Taskforce was launched by the Deputy President on 5 March 2018, and immediately embarked on its work. The term of the Taskforce was initially thirty days, which was later extended to 30th April 2018. The Taskforce used different methods to collect information. It collected information from primary and secondary sources. The Taskforce conducted desk review of documents and reports relevant to its terms of reference. In addition, the Taskforce conducted a series of in-depth interviews and group discussions, where appropriate, with selected key informants and stakeholders. These included Kenya Forest Service (KFS), saw millers, community groups, government agencies, development partners, private sector and other civil society organisations. The Taskforce conducted several public hearings in different parts of the country where it received representations, memoranda and petitions from the public. In addition, the Taskforce undertook field Taskforce to inquire into Forest Resources Management and Logging Activities in Kenya 5 Taskforce Report on Forest Resources Management and Logging Activities in Kenya 5 visits, aerial and ground-based surveys and investigations to confirm and ascertain various stakeholders’ submissions. The data was then analysed and synthesized to deduce findings and recommendations. Some of the key findings of the Taskforce are summarized as follows: . The Board and Management of the Kenya Forest Service has been unable to stem and in some instances have directly participated in, abated, and systemized rampant corruption and abuse of office. By so doing they have overseen wanton destruction of our forests, have systematically executed plunder and pillaging of our water towers and bear the responsibility for the bringing our environment to the precipice. The Kenya Forest Service has institutionalized corruption and the system is replete with deep-rooted corruptive practices, lack of accountability and unethical behaviour. However, the Taskforce found some instances of dedicated officers who have selflessly served the country in the face of the difficult environment they found themselves in. It was noted with concern that some of these diligent officers have borne the brunt of corruptive cartels through alleged victimization. Illegal logging of indigenous trees is a major threat to forests and is rampant in key forest areas. Cedar was found to be the most targeted tree species. Destruction of indigenous forest was observed in many critical forest areas due to illegal squatters, the changing lifestyle of forest dwelling communities, the abuse of PELIS, unclear forest zonation, the introduction of irregular settlements and large-scale public infrastructure developments. The limited capacity of Enforcement and Compliance Division of KFS and the lack of clear separation in the forest protection and forest exploitation functions of KFS have made law enforcement in the protection of forest resources ineffective. Commercial Forest Plantations managed by Kenya Forest Service are characterised by poor quality planting materials,