ADVOKS GLOBAL · KENYA
Forest Conservation and Management Act
63. Use of firearms
Edition: 2026-06-16 · In force
63. Use of firearms
(1)The Cabinet Secretary responsible for matters relating to firearms may, through the Inspector-General of Police, make available to the Service such firearms as may be necessary for the Service to carry out its functions under this Act.(2)Any uniformed and disciplined officer of the Service, after acquiring the requisite paramilitary and skill at arms training, and when authorised by the Chief Conservator of Forests, may use a lawfully issued firearm—(a)in the course of the enforcement of the provisions of this Act against—(i)any person charged with an offence punishable under this Act, when that person is escaping or attempting to escape from lawful custody;(ii)any person who, by force, removes or attempts to remove any other person from lawful custody;(iii)any person who, by force, attempts to prevent the lawful arrest of himself or any other person; or(iv)any person unlawfully hunting any animal within a forest area or nature reserve.(b)for the protection of people and property against any animal causing destruction to human life or property or crops; and(c)in the course of animal population control.(3)Notwithstanding the foregoing, an officer of the Service shall not use a firearm—(a)under subsection (2)(a)(i), unless the officer has reasonable grounds to believe that he or she cannot otherwise prevent the escape, and unless he or she has given ample warning to such person that he or she is about to use a firearm against that person, and the warning is unheeded;(b)under subsection (2)(a)(ii) or (iii) of, unless the officer concerned believes on reasonable grounds that the officer or any other person is in danger of grievous bodily harm, or that the officer cannot otherwise prevent the removal, or, as the case may be, effect the arrest.