NECSA Kenya's Position Paper on Wildlife Legislation Gaps in Taita Taveta County
- Category: NECSA Memoranda
- Date 09-04-2024
The National Environment Civil Society Alliance of Kenya (NECSA-K), a membership CSO alliance of over one hundred (100) organizations working in the Environment and Natural Resource Sector, held a forum with representatives of the National government working in Forestry, Wildlife management, Environment management, Taita Taveta County officials and CSOs working in wildlife and natural resource management. This forum, which as held on 5th - 9th February, 2024, sought to review and determine the status of Wildlife legistion in Tiata Taveta upon which a position paper was produced. The position paper below, is therefore views, opinions, and recommendations on an effective wildlife legislation in Taita-Taveta County.
Taita-Taveta County has 62% of its land under the Tsavo National Park. It is one of the most globally recognized unique landscapes and biodiverse ecosystems in the world. It is home to the largest elephant population in Kenya and hosts many buffalos, rhinos, lions, and leopards. . Further the county two critically endangered bird species, the Taita apalis and the Taita thrush. In addition, the county hosts unique reptiles, amphibians, and butterflies such as the Taita Hills Purple-glossed Snake, the Sagalla caecilian, the Taita Warty Frog, the Taita Blade-horned Chameleon and three endemic butterfly species. The significance of these natural assets extends beyond their intrinsic value. They support the livelihoods of local communities through tourism, ecosystem services, and preserves their cultural heritage. However, alongside the opportunities presented by its wildlife, Taita-Taveta County also faces challenges such as human-wildlife conflict, habitat degradation, and illegal wildlife trade.
A robust and efficient legal framework is essential for addressing these challenges and ensuring that the local community can effectively utilize their wildlife resources while also meeting the county's conservation objectives. Although Taita Taveta has made progress in enacting legislation to protect its wildlife heritage, it has primarily relied on national government laws and policies to govern its natural resources. These national policies and laws, however, often do not align with the specific needs of Taita Taveta County. Considering this situation, this position paper has been developed following a thorough examination of Taita Taveta's wildlife legislation, assessing its efficacy and identifying areas for improvement to promote sustainable utilization of the county's wildlife resources.
Current Status Assessment
There are several laws and policies that are relevant and often linked to wildlife conservation. The county has enacted the Livestock Movement and Protection of Livestock and Livestock Produce Act, Climate Change Act and Sand Harvesting Act. The county is still developing relevant legislations on forestry, mining, public participation, charcoal production, wetlands, waste management and most importantly, wildlife conservation and management. The lack of a county specific wildlife legislation puts Taita Taveta at risk of underutilizing its wildlife resource. This gap represents missed opportunities to loop in the
community in wildlife conservation and management and increased challenges to establish an effective monitoring and evaluation framework to ensure compliance and adherence to the county’s conservation goals.
Identified gaps and Challenges.
The county lacks a clear policy and law to guide the management of wildlife under the jurisdiction of the county government. This has limited the county government from drawing revenue from wildlife resources, contributing to wildlife conservation efforts and positively contributing to the development of sustainable wildlife-based community livelihoods. The lack of a clear county policy and legislation on wildlife resources may have been due to the limited role the Wildlife Conservation and Management Act, 2013 gives to county governments. The Wildlife Conservation and Management Act 2013 and the subsequent amended Act of 2019 limits the role of county governments to the County Agricultural Officer and the County Livestock Officer, who sit in the Community Wildlife Conservation Committee.
Wildlife is the single largest resource within the Taita Taveta County. Wildlife in protected areas is a national asset protected and managed by the National Government. The lack of a national natural resource benefit sharing framework denies Taita Taveta County and its residents the opportunity to equitably share revenues generated from the Tsavo National Park. The county government and communities in Taita Taveta are, therefore, restricted to drawing benefits from wildlife resources within the ranches and conservancies.
There are 35 community, private, individual, cooperative, and company ranches in Taita Taveta County. At least 8 ranches have been converted into conservancies with the rest at various stages of transiting to conservancies.
Human-Wildlife Conflicts are on the rise with increased long dry seasons and short rain seasons. The Kenya Wildlife Service (KWS) has over the years compensated several households and individuals affected by human-wildlife-conflicts in the County. The process of compensation, however, is long often leaving households whose breadwinners have been injured or killed by wild animals vulnerable to economic, and social shocks. This has led to increased animosity between the local communities, KWS and wildlife, often resulting in attacks on wild animals in revenge.
Conclusion
In conclusion, the sustainable management of wildlife in Taita Taveta County requires a multi-faceted approach that involves legislative action, community empowerment, and strategic partnerships. By enacting and monitoring Free, Prior, and Informed Consent (FPIC) and Mutually Agreed Terms (MATs) agreements, the county can ensure the active participation and benefits accruing to indigenous communities in conservation efforts. Community education initiatives are essential in raising awareness about the value of wildlife and ecosystem services, fostering a sense of ownership and positive attitudes toward conservation.
Addressing cases of Human-Wildlife Conflict (HWC) demands comprehensive strategies, including stakeholder engagement, protective measures around national parks, and prompt compensation for affected individuals. Establishing a County Wildlife Conservation Trust Fund, expediting compensation processes, and advocating for a Wildlife Insurance Scheme are crucial steps toward mitigating the impact of HWC on local communities.
Overall, the recommendations put forth by NECSA Kenya underscore the importance of collaboration and proactive measures in achieving sustainable wildlife management in Taita Taveta County. By prioritizing community involvement, legislative support, and resource allocation, the county can safeguard its rich biodiversity and promote harmonious coexistence between humans and wildlife for generations to come.
Recommendations
NECSA Kenya proposes that Taita Taveta County stakeholders initiate roundtable discussions with the Kenya Wildlife Service (KWS). These discussions should focus on strategies for maximizing the potential of the county's wildlife resources, including
protection, conservation and exploring options of increasing wildlife-based community livelihoods and revenue generation for the county government. Additionally, the county government should engage local ranchers to explore options for the county government to support sustainable wildlife management as a land use option.
Given the limited involvement of counties in the Community Wildlife Conservation Committees, NECSA Kenya recommends that Taita Taveta County and other counties engages the Inter-Governmental Relations Technical Committee (IGRTC) to review the composition of these committees. Specifically, NECSA-K proposes the inclusion of the County Executive Committee member responsible for wildlife and a wildlife expert nominated by the Governor to ensure more comprehensive representation and collaboration in wildlife conservation efforts.
The county and its partners should initiate an extensive awareness campaign targeting the County Assembly, County Executive, and local communities to promote sustainable wildlife conservation and management. Educating and empowering these stakeholders is a first step towards the sustainable management of wildlife through change of community attitude
towards wildlife, the adoption of policies, legislation and other instruments that prioritize wildlife conservation and safeguard the interests of communities coexisting with wildlife.
Furthermore, efforts should be made to enhance the capabilities of wildlife Civil Society Organizations (CSOs) through strategic partnerships. This could include the establishment of a CSO County Natural Resource Network dedicated to advocating and lobbying for improved natural resource management and environmentally focused legislation. By strengthening the capacity of CSOs and fostering collaboration among stakeholders, a more effective and sustainable approach to wildlife conservation and management can be achieved.
To enhance the participation of indigenous communities in sustainable wildlife management, Taita Taveta County should enact legislation and oversee the implementation of Free, Prior, and Informed Consent (FPIC) and Mutually Agreed Terms (MAT) agreements with organizations and researchers operating within the county. Community awareness programs should also be conducted to educate communities about the significance of FPICs and MATs, ensuring they understand their rights. With informed communities, indigenous knowledge can be integrated into conservation strategies effectively.
To address Human-Wildlife Conflict (HWC), NECSA Kenya recommends the adoption of protective mechanisms including stakeholder sensitization and fencing of national parks in wildlife conflict hotspots. Compensation for victims of HWC remains a significant challenge in Taita Taveta County. To mitigate this, the county should establish a County Wildlife Conservation Trust Fund dedicated to managing wildlife funds for conservation outside protected areas, offering consolation to affected people, and promotion of naturebased enterprises for communities. Additionally, expedited processes for compensation claims should be implemented, alongside advocacy efforts for the operationalization of a Wildlife Insurance Scheme to ensure prompt compensation for victims of wildlife attacks.
Download and read the full Position Paper here