ADVOKS GLOBAL · KENYA
Forest Conservation and Management Act
34. Variation of boundaries or revocation of public forests
Edition: 2026-06-16 · In force
34. Variation of boundaries or revocation of public forests
(1)Any person may petition the National Assembly for the variation of boundaries of a public forest or the revocation of the registration of a public forest or a portion of a public forest.(2)A petition under subsection (1) shall demonstrate that the variation of boundaries or revocation of the registration of a public forest or a portion of a public forest does not—(a)endanger any rare, threatened or endangered species; or(b)adversely affect its value as a water catchment area; and prejudice biodiversity conservation, cultural site protection of the forest or its use for educational, recreational, health or research purposes.(2A)A petition under subsection (1) shall only be forwarded to the National Assembly on the recommendation of the Service.(3)A petition made under subsection (1) shall be considered in accordance with the provisions of the Petitions to Parliament (Procedure) Act and the Standing Orders of the National Assembly.(4)The Cabinet Secretary shall, within thirty days of the petition being committed to the relevant Committee, submit a recommendation on whether the petition should be approved subject to—(a)the petition being subjected to an independent Environmental Impact Assessment; and(b)public consultation being undertaken in accordance with the Second Schedule.(5)If the relevant Committee, reports that it finds that the petition—(a)does not disclose a ground for the variation of the boundaries of a public forest or the revocation of the registration of a public forest or a portion of a public forest, no further proceedings shall be taken; or(b)discloses a ground for the variation of the boundaries of a public forest or the revocation of the registration of a public forest or a portion of a public forest, the National Assembly shall vote on whether to approve the recommendation.(6)If the resolution under subsection (5)(b) is supported by a majority of the members of the National Assembly, present and voting, the Cabinet Secretary shall publish a notice in the Gazette.