ADVOKS GLOBAL · KENYA
Forest Conservation and Management Act
35. Declaration and reversion of provisional forests
Edition: 2026-06-16 · In force
35. Declaration and reversion of provisional forests
(1)Upon the recommendation of the Service or the relevant county government, the Cabinet Secretary may, by notice in the Gazette, declare any community or private forest, which in the opinion of the Service is mismanaged or neglected, to be a provisional forest.(2)A notice in accordance with the provisions of this section shall only be made where—(a)the forest—(i)is an important catchment area or a source of water springs;(ii)is rich in biodiversity and contains rare, threatened or endangered species;(iii)is of cultural or scientific significance; or(iv)supports an important industry and is a source of livelihood for the surrounding forest communities; and(b)the Chief Conservator of Forests has issued a notice requiring the forest owner, as the case may be, to undertake specific silvicultural practices to improve the forest, and such notice has not been complied with, or the forest owner is unable to undertake the specified practices.(3)A provisional forest shall be managed by the Service in collaboration with the owner thereof for a period of three years subject to review, and any profits accruing therefrom shall be paid to such owner less the expenses incurred by the Service in managing the forest concerned.(4)A provisional forest shall revert to the owner where the Board is satisfied that it has been adequately rehabilitated and the owner has given an undertaking to efficiently manage it.(5)The Board may, upon reversion of a provisional forest, prescribe for observance by the owner such conditions as may be necessary to ensure compliance with the provisions of this Act.