1. Devolved Government and Forest sector
Review of the Forest Bill - Opportunity and Risk
Venue:
Ngong Hills Hotel
Date: 26th Feb 2013
T. Thenya, PhD/ Muthee B  /
T. Thenya- NRM Legislation Jan 2013

2. Objective:
analyze the constitution and proposed governance structures and makes bold and insightful recommendations to inform the review of the Forest Act 2005
Review forest bill and make recommendations that will lead to improved forest management
T. Thenya- NRM Legislation Jan 2013

3. Constitution of Kenya
Role of public participation in governance stands out through article 10 – National values and principles of governance (important in governance and administration of Kenya); These are;
Sharing and devolution of power
Rule of law
Democracy and participation of the people
Good governance
Integrity
Transparency
Accountability
T. Thenya- NRM Legislation Jan 2013

4. Constitution of Kenya
Specific correlation between sustainable development and public participation,
Introducing a national government, and 47 County governments,
County governments - Article 174(c), - objects of devolution “to give powers of self-governance to the people and enhance the participation of the people in the exercise of the powers of the State and in making decisions affecting them.”
Which could be interpreted to include the management and decision making over public resources
T. Thenya- NRM Legislation Jan 2013

5. Policy and Legislative Approaches to Public Participation
Chapter 5: land and environment :
article 69(1) -mandatory obligations that require the Kenyan state (both national and county governments) to “encourage public participation in the management, protection and conservation of the environment.”
Article 69(1), outlines mandatory obligations on the Kenyan State.
(a) ensure sustainable exploitation, utilisation, management and conservation of the environment and natural resources, including benefit sharing
(c, e) protect and enhance intellectual property in, and indigenous knowledge of, biodiversity and the genetic resources of the communities,
County governments Part II of the Fourth Schedule include implementation of agriculture, and environmental policy; soil and water conservation; forestry, among others.
T. Thenya- NRM Legislation Jan 2013

6. Constitutional environmental right and duty on all citizens
Chap 4 bill of rights: Article 43, grants Economic and social rights
Chap 5 land ad env. Article 69(2): environmental duty on citizens of Kenya manifests three arms:
(1) each individual to protect and conserve the environment
(2) every individual to cooperate with the State organs, and other people, to protect and conserve the environment
(3) obligation on people, working together, and with the State, to conserve the environment
Self-executing public participation –Is this PFM support?
T. Thenya- NRM Legislation Jan 2013

7. Policy and Legislative Approaches to Public Participation
The role of citizens in sustainable land management
Sessional Paper No. 3 on National Land Policy (NLP) - guide the country toward efficient, sustainable and equitable use of land for prosperity and posterity. Including access to information
Land Act 2012: provides a new legislative structure for land governance and rights in Kenya, largely aligned with that required by the Constitution.
The Act recognizes three categories of land
(public, community and private)
National Land Commission (NLC) Act 2012: Developing and maintaining an effective land information management system at national and county levels, and monitoring and oversight over land use planning.
Act also establishes the County Land Management Boards, which share authority over governance of public lands and will be closely linked to the NLC.
T. Thenya- NRM Legislation Jan 2013

8. Constitutional environmental right and duty on all citizens
2010 Constitution, in article 35, -Access to information
Article 35- provides that every citizen has the right of access to –
(a) information held by the State; (open)
(b) information held by another person/company and required for the exercise or protection of any right or fundamental freedom. (need to demonstrate why)
obligation of the government to publish information, as part of the freedom of access to information.
Environment and Land Court Act, 2011 Constitution further provides for establishment of an Environment and Land Court, as a specialized court with the status of the High Court.
T. Thenya- NRM Legislation Jan 2013

9.  Thank You
T. Thenya- NRM Legislation Jan 2013