The law and management of forests in Kenya.
Abstract
In part one, chapter one introduces the problem of reduction of
vital forests and the consequential threat to wildlife conservation and
environment. Law is only part of the solution but important nevertheless
especially where it gives more weight to the public interest in case of
conflicting needs. Chapter two analyses the current forest policy which
again emphasizes that in managing forests for the direct and indirect
benefits, greater common food of all shall be given priority.
In part two, chapter three to six, analysis and interpretation of
legal provisions is made in the light of four major forestry practices:
Reservation of land for forestry; Protection of forests against destructive
agents; Utilization of forest resource~; and the role of forest officers.
In part three, chapter seven criticizes and gives proposal for reform
of legislation on forests. The Forest Act which ought to deal exhaustively
with forest issues is sketchy and applicable only to the statutorily
dedicated forest areas, a mere 2.7 percent of the country. As if that is
not enough, the reserved forests are easily relinquished for other purposes
income~ible with forestry. Most of the other statutes do not regard
forests as property and in other cases are silent on practices detrimental
to forest conservation. Extension of forest law to the whole of the country,
permanency of vital forest areas, thrifty utilization of forest resources
and inclusion of environmentally oriented provisions are sowe of the remedies
suggested after examination of the relevant legislation.
Chapter eight concludes that the current forest legislation is
inadequate, legal interference with professional discretion is necessary,
there are means to cope up with extra work in case of legal compliance
and cert~inty of law is essential for effective enforcement.
Citation
M.Sc ThesisPublisher
University of Oxford.