1. DRAFT CHARCOAL RULES AND REGULATIONS 2015By
Leah Gichuki
Kenya Forests Working Group

2. Background
In kenya, Charcoal provides domestic energy for 82% of urban and 34% of rural households. This industry represents an estimated annual market value of over US $427 million (Ksh 32 billion)(Energy for sustainable Development Africa, 2005)
The industry employs over 700,000 people along the whole value chain supporting a population of over 2.8 million people.degradation of ASALS to a level where the land resources cannot produce fr the population spells disaster for the country.
It is estimated that the over 75% of the estimated 1.6 to 2.4 million tons of charcoal used in the country annually is unsustainably harvested from these semi-arid lands.Since use f charcoal is cheaper in comparison with LPG cooking gas and electricity, it is obvious tahat in the foreseeable future it will continue being used by the majority pf kenyans hence the urgent need to organise the charcoal Industry to make it sustainable.

3. Legal Instruments
Issues addressed: Charcoal production, transportation, trade and consumption
Energy Act 2006
Forest Act 2005
Sessional paper No.4 of 2004 on Energy policy
The sessional paperNo.9 of the 2005 on the forest policy
The sessional paper No.6 of 1999 on the environment policy

4. Members of the Technical committee
Kenya Forest Service
Green Africa Foundation
Kenya Forests Working Group
Act Change Transform (Act!)
Kenya Bureau of Statistics
Startle
Traffic Police
NEMA
KEFRI
Charcoal producers association represntative
Ministry of energy and Petroleum
Advocate from Attorney’s General office
Ministry of Environment Water and Natural Resources

6. Progress made Draft Charcoal rules and regulations 2015 developed
4 consultation workshops conducted(Kitui, Kwale, Samburu and Narok.
Based on stakeholders comments the TC will review the draft regulations.

7. Lack of clear direction on EIA Safety Certificate-Form7
Gaps
Lack of clear direction on EIA
Safety Certificate-Form7
Requirement of charcoal transporters
Harvesting techniques
Packaging and weight
Commercial production and category of licenses
Charcoal production quantit returns
Production technology and minimum conversion efficiency

8. Gaps How to deal with charcoal imports is omitted
Application of private land owners to be charcoal producers is not clear
No clear definition of Charcoal Producers Association(CPAs) and their responsibilities.
Protection of the endangered and threatened plant species list not updated
. Charcoal movement permit to include weight and number of bags
Licensing of wholesalers ,trader and retailers
Environmental health and safety

9. Gaps in Charcoal Value Chain
Perceived illegal status of the charcoal industry
Lack of awareness of rules governing legalized charcoal production
Unsustainable production from naturally growing trees instead of deliberate planting for production
Inefficient production technologies
Inadequate research data on appropriate indigenous tree species
Too many players involved in regulation of the industry
Large number of legal and illegal taxes and lack of clarity leading to low profitability and low level of investment.

10. S Clause; 8-Licence 9-Exemption
14-Charcoal movement permit and form 8 in the 2nd schedule
16-Protection of endangered and threatened tree species