A watchdog committee has started looking into laws guiding the transfer of protected areas from national to county government days after a presidential directive.
The Parliamentary Committee on Tourism and Wildlife chairperson Kareke Mbiuki said there is a process that has to be followed before the gazetted park is transferred to the devolved unit.
“Even changing a boundary of national park leave alone to transfer, the matter must go to the National Assembly,” Mbiuki said on Wednesday at Kenya Wildlife Service at the sideline of an investment forum.
Currently, Amboseli National Park is being managed by KWS.
All the parks are gazetted areas.
Former president Mwai Kibaki had given an Executive Order but the process was never concluded.
Mbiuki said the committee is seized of the matter.
On Tuesday, President William Ruto announced that national government will soon return the management of Amboseli National Park to Kajiado government.
Ruto directed the Tourism CS Peninah Malonza to work on how to actualise the process between them and the Kajiado government.
The President spoke during Maa cultural week in Sekenani, Maasai Mara Game Reserve, in Narok.
Maa leaders, led by Kajiado Governor Joseph ole Lenku, have welcomed the move.
"You have demonstrated beyond doubt that you have the capacity to manage the resource," Ruto said.
The head of state said the Kajiado government, which hosts the park, will add more land for the conservation of wildlife so it can increase the proceeds that come from the park.
Ruto also directed that revenue should be shared between counties that host national parks and the national government.
Mbiuki said there is a process that has to be followed before the gazetted park is transferred to the devolved unit.
The Wildlife Conservation and Management Act 2013, says the Tourism Cabinet Secretary may in consultation with the competent authority, by notice in the Gazette declare an area to be a national park.
The CS is also mandated to publish a management plan for national parks, marine protected areas and KWS managed wetlands, and publish areas zoned to have wildlife conservation and management as their land use priority.
The move has to be approved by the National Assembly.
The Act also tasks the CS to declare any un-alienated public land; or any land purchased or otherwise acquired by the government to be a national park.
The CS however has to seek recommendation from KWS, consult with National Land Commission before doing public participation and finally seeking an approval from the National Assembly.
KWS conserves and manages Kenya’s wildlife for the Kenyan people and the world, while NLC secures and manages public land and exercise oversight on use of land for the benefit of all Kenyans.
KWS considers Amboseli one of the premium and iconic parks in Kenya, perfect for a classic wildlife safari and boasting of the best destinations in Africa to view large herds of the African elephant up close, among a rich variety of other wildlife species.
In 2018, some 175,798 visitors toured Amboseli National Park, 191,656 (2019), 55,076 (2020), 90,903 (2021), 155,691 (2022).
The park is among the 122 investment opportunities that the government has invited the private sector to grab.
Facilities to be put up include eco lodge, tented camps, visitor recreation among others.
The Wildlife Act 2013, says a notice proposing to vary the boundaries of a national park or changes its status from national park to wildlife conservancy or sanctuary; shall only be published by the CS.
It says KWS must recommend after consultation with the NLC in and approval from the National Assembly.
The Act says that there shall be no recommendation unless officials involved are satisfied that such variation of boundary or cessation of national park proposed by the notice shall not endanger any rare, threatened or endangered species.
Recommendation will not be approved if the move will interfere with the migration and critical habitat of the wildlife; adversely affect its value in provision of environmental goods and services and prejudices biodiversity conservation, cultural site protection, or its use for educational, ecotourism, recreational, health and research purposes.
The proposal has to be subjected to an environmental impact assessment.
The Act says a notice seeking to vary the boundaries of a national reserve; or declare that a wildlife conservation area shall cease to be a national reserve; or change of status from national reserve, shall only be published by the CS.
The proposal must be recommended by the relevant county government after consultation with the NLC approved by resolution of Parliament.
It has to be subjected to an environmental impact assessment as well as public participation.
The Act says CS may, on recommendation of KWS after consultation with the NLC and with the approval of the National Assembly, exchange part of a national park with private land with the consent of the owner of such land.
The exchange must enhance efficient wildlife conservation and management; equitable to conservation and the landowner, according to an independent valuation.
An environmental impact assessment must be conducted and must show that such exchange shall not adversely affect wildlife conservation and the environment in general; and the part of the national park to be exchanged does not contain rare, threatened or endangered species and is not a water catchment area, wetland or a source of springs.
KWS in consultation with the NLC and the CS may acquire by purchase any land suitable to be declared a national park, wildlife corridor, migratory route or dispersal area under this Act.
No purchase shall be transacted under this section unless prior public consultation is carried out in accordance with this section.