An Assessment of the Policy and Legislative Frameworks for Commercial Forestry Management in Kenya

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An Assessment of the Policy and Legislative Frameworks for Commercial Forestry Management in Kenya

ABSTRACT:- Population growth is driving demand for wood products in Kenya, which is facing a wood deficit of 10 million m3. The country is only able to meet 70% of its demand through sustainable supply, and this has caused small and medium –sized enterprises to operate below capacity. One of the reasons for this deficit is poor forest plantation management. To resolve this, commercial forestry has been suggested as a solution whereby private actors can be involved in the management of public plantation forests through forest concessions and other joint management arrangements. Public-private partnerships could provide access to private sector financial capital as well as benefits from the transfer of technological and operational efficiencies from the private sector into public forest management. It could also boost employment, income generation, and alleviate poverty. This paper explores the policy and legislative framework for commercial forestry in Kenya that includes: the Public-Private Partnership (PPP) policy, law and regulations, and sustainable forest management approaches like forest management certification and chain of custody certification for forest products. The main study approaches used in the development of this paper include literature review and content analysis of reports, government documents, strategies, and publications related to commercial forestry. The aim is to provide a critical assessment that highlights gaps and opportunities to be addressed in future policy formulation and implementation of commercial forestry in Kenya. The paper demonstrates that the Forest Management and Coordination Act (FMCA) 2016 contains most of the requirements outlined in the FAO Voluntary guidelines on forest concessions, though there is need to address some gaps such as: the harvesting value of an area, forest revenue collection, management of rescinded concessions, evaluation of the concession process, the mode of bidding, gender inclusion and independent observation. With regards to certification, although the socio-economic and environmental benefits of certification are sometimes not clear, it has played a major role in the adoption of sustainable forest management practices in forest concessions. In conclusion, to promote willingness to invest in a long term venture such as commercial forestry, there is need for secure land tenure, respect for private ownership, reliable economic guidelines and standards, transparent governance, effective measures for tackling corruption, and efficient conflict resolution mechanism.

Key words: Public Private Partnerships, concessions, forest management certification, chain of custody.

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