UNIVERSITY OF NAIROBI

FACULTY OF LAW
BACHELOR OF LAWS (LL.B)
GPR449: LAND USE LAW
2023/2024
GROUP 2 SUBMISSION
MEMBERS

NAME REGISTRATION
NUMBER
1. MARTIN KABIRU MACHARIA G34/3509/2020
2. MWAMBIRE LUCKY MBITHA G34/3492/2020
3. AMONDI FAITH AGGIE G34/140064/2020
4. SHIUNDU CHRISANTUS WANJAL G34/3488/2020
A
5. KIPSANG DENNIS G34/5271/2020
6. MUTHURI CHRISTINE MUTHONI G34/140418/2020
7. FELIX KIPNG'ENO G34/140600/2020
8. KOPERE TOM ODUO JUNIOR G34/3489/2020
9. NZEKI STEPHEN KILONZI G34/3531/2020
10. JUSTINE AJODE G34/140545/2020
INTRODUCTION

As of the year 2021, Kenya’s forest cover stood at 8.8% falling short of the minimum
target set by the 2010 Constitution. Attempts are being consciously made to improve f
orest cover and this paper seeks to show the fundamental facets of forestry in the natio
n. The Forest Conservation and Management Act of 2016 under section 2 defines f
orests as land which is declared or registered as a forest, or woody vegetation growing
in close proximity in an area of over 0.5 of a hectare including a forest in the process
of establishment, woodlands and thickets.1

Developments in land use policy have brought about three classifications of forests to
be acknowledged in the country explicitly written under section 30 of the aforementio
ned act. They include;

● Public Forests; These are forests on public land, managed by the Kenya Forest
Service (KFS) or other designated public institutions.
● Community Forests; These are forests on community land, managed by local c
ommunities or groups.
● Private Forests; These are forests on private land, owned and managed by indi
viduals or entities for commercial or conservation purposes.

Forestry management refers to any process of protecting and maintaining a forested ar

ea. Section 4 of the Forest Management and Conservation Act provides the guidin
g principles to facilitate any forest related activities. The principles include public part
icipation and community involvement in the management of forests among other thin
gs

In Kenya, forests provide a variety of ecological, commercial, and social purposes tha
t require key consideration. These roles are essential to community well-being, econo
mic growth, and environmental sustainability hence the aforementioned principles wo
rk in tandem with the public forest policy of section 5.2 Afforestation and Silviculture,
the practice of controlling the growth, composition and quality of forests to meet valu
es and needs of landowners and society are done in Kenya under forestry management.

1
Forest Management and Conservation Act 2016
2
ibid
Section 6 of the act provides for the commencement of the public forest strategy reac
hed through the incorporation of public participation every five years. It further states
under section 6(2) that the object of the plan is to provide the governments’ plans and
programs for the protection, conservation and management of forests and forest resour
ces. The basis of the plan revolves around the main pillars of sustainable forest manag
ement, the goal being to allow a balance to be achieved between making use of trees
while maintaining natural patterns of disturbance and regeneration. Section 20 accom
modates the establishment of forest conservation areas to ensure proper and efficient
management of forests.

The Forest Management and Conservation Act is a conscious and diligent effort by bo
th lawmakers and environmentalists to achieve international standards of forestry in K
enya. It acknowledges the crucial role of forests and its sensitivity thereby confirming
a better forest cover in the near future.

CONSTITUTIONAL BASIS FOR FORESTRY MANAGEMENT

The Constitution of Kenya, 2010 has numerous provisions on forestry. To begin with,
the preamble states that the people of Kenya respect the environment. It then goes on t
o state that the environment is our heritage and that the people are determined to susta
in it for future generations3. This being in the preamble demonstrates the vitality of for
est management to the people of Kenya.

Building on the determination to sustain the environment, article 10(2)(d) lists sustain
able development as a national value and principle of governance.Article 60(1)(c) the
n states that land in Kenya shall be managed in accordance with the principle of sustai
nable and productive management of land resources.

The constitution also provides for the right to a healthy environment4.The protection o
f the environment for future generations is echoed in article 42(a). Furthermore, this r
ight is enforceable under article 70. The provision sets out when a person may apply t
o the court in sub article 1 and sets out the possible remedies in sub article 2. Sub ar
ticle 3 is key to note as it enables an application to be made without proof of personal
injury or loss. This offers a stronger protection to the respective right.

3
Paragraph 4 Preamble Constitution of Kenya, 2010
4
Article 42 Constitution of Kenya, 2010
The state has an obligation to “ensure sustainable exploitation, utilisation, managemen
t and conservation of the environment and natural resources5” and to maintain a mini
mum tree cover of 10 percent in Kenya’s land area6. The county governments are also
tasked to implement the national government policies on natural resources and conser
vation of the environment in the part 2 of the fourth schedule.

Further protection is provided through the obligations given to the legislature. Article
68(c)(iv) states that legislation on the protection, conservation and access to public lan
d is enacted. Article 71 then states that any transaction for the exploitation of natural r
esources is to be approved by parliament. The legislature is also obligated to make la
w on the specific classes of transactions relevant in this section7

Finally, the National Land Commission is tasked to do research on the use of natural r
esources and make recommendations in article 67(2)(d). Forests are not explicitly me
ntioned in this provision. However, reading it together with article 260 shows that for
ests are included in the definition of natural resources.

FORESTS AND HUMAN RIGHTS

Introduction

Forests are vital to the health of our planet and the well-being of countless human co
mmunities. They provide essential ecosystem services, such as carbon sequestration, b
iodiversity conservation, and water filtration, which are crucial for maintaining enviro
nmental balance.8 Moreover, forests are home to many indigenous and local communi
ties whose livelihoods, cultures, and identities are deeply intertwined with the forest la
ndscape.9 The management of these critical resources, therefore, extends beyond mere
environmental stewardship to encompass fundamental human rights issues. By exami
ning the intersection of forestry and human rights, we can better understand how susta
inable forestry practices not only protect the environment but also uphold the dignity,
well-being, and rights of the people who depend on these forests.

5
Article 69(1)(a) Constitution of Kenya, 2010
6
Article 69(1)(b) Constitution of Kenya, 2010
7
Article 71(2) Constitution of Kenya, 2010
8
Singh, S.P., 2002. Balancing the approaches of environmental conservation by considering e
cosystem services as well as biodiversity. Current Science, 82(11), pp.1331-1335.
9
Barnes, C., 2022. Forests and Livelihoods. In The Routledge Handbook on Livelihoods in th
e Global South (pp. 271-283). Routledge.
Environmental rights

Forests play a crucial role in fostering environmental rights by providing essential eco
system services that uphold the fundamental right to a healthy environment. The right
to a clean, healthy and sustainable environment is a fundamental human right. It enco
mpasses various elements including clean and balanced ecosystems, rich biodiversity
and a stable climate.10 The right is further set out under the Environmental Manage
ment and Co-ordination Act (EMCA) which provides that every person in Kenya is
entitled to a clean and healthy environment in accordance with the Constitution and re
levant laws and has the duty to safeguard and enhance the environment.11

Forests play a critical role in maintaining environmental stability and ensuring the wel
l-being of communities around the world. In Kenya, forests are not only crucial for ec
ological balance but also for the livelihoods of many people.

Importance of Forests in fostering environmental rights

Kenya's forests, covering approximately 8.8% of the country's land area, are rich in bi
odiversity and serve as vital ecosystems.12 These forests are classified into various cat
egories, including tropical rainforests, montane forests, and mangrove forests, each pr
oviding unique environmental services. These forests paly a huge role in fostering ou
r environmental rights.

1. Air Quality Improvement

Forests play a pivotal role in improving air quality by acting as natural air filters. 13 Tre
es are efficient air-cleaning machines. They provide air quality benefits through both
prevention of emissions and metabolic uptake of pollutants. Shading, evapotranspirati
on (which results in local atmospheric cooling), and wind speed reduction provided b
y trees reduce energy expenditures, resulting in avoided power plant emissions. Furth
er, trees actively remove ground-level ozone, nitrogen dioxide, sulphur dioxide, and c
arbon dioxide from the air through metabolic processes. Particulate matter is intercept
ed by tree surfaces.
10
Zimmer K, ‘The Human Right That Benefits Nature’ https://www.bbc.com/future/article/20
210316-how-the-human-right-to-a-healthyenvironment-helps-nature
11
Environmental Management and Co-ordination Act., No. 8 of 1999., S 3 (1)
12
Kenya’s Forest Cover Hits 8.8pc as Country Pushes on to Attain the 10pc Target." Nation A
frica, 14 June 2022
13
Terzaghi, E., Wild, E., Zacchello, G., Cerabolini, B.E., Jones, K.C. and Di Guardo, A., 2013.
Forest filter effect: role of leaves in capturing/releasing air particulate matter and its associate
d PAHs. Atmospheric Environment, 74, pp.378-384.
Trees remove many pollutants from the atmosphere, including nitrogen dioxide (NO
2), sulphur dioxide (SO2), ozone (O3), carbon monoxide (CO), and particulate matter
of 10 microns or less (PM10).14 Trees absorb carbon dioxide (CO₂) during photosynth
esis and release oxygen (O₂), thus reducing greenhouse gases and mitigating climate
change. In urban areas like Nairobi, forests such as Karura Forest act as green lungs, h
elping to cleanse the air of pollutants and particulate matter, thereby enhancing the he
alth and quality of life for residents. Forests act as green infrastructure that conserves
natural ecosystems and sustains clean air and water, and provides a wide array of bene
fits to people and wildlife.15

2. Water Conservation and Quality

Forests play a crucial role in water conservation, which is a significant aspect of prom
oting environmental rights. One way forests achieve this is through the regulation of t
he water cycle. Trees and vegetation intercept rainfall, allowing it to percolate into the
soil rather than running off immediately.16 This process helps to recharge groundwater
supplies, ensuring a steady flow of clean water to rivers and streams even during dry p
eriods. By stabilizing the water supply, forests support both human communities and
natural ecosystems that depend on consistent water availability. The Mau Forest Com
plex, for instance, is a critical water catchment area in Kenya. It feeds major rivers lik
e the Mara, Sondu, and Ewaso Ng'iro, which are essential for domestic use, agricultur
e, and wildlife sustenance.

Moreover, forests act as natural water filtration systems. As water infiltrates through t
he forest floor, the soil and plant roots filter out pollutants and sediments. 17 This natur
al filtration improves water quality, providing cleaner water for downstream communi
ties and reducing the need for costly water treatment infrastructure. Access to clean w
ater is a fundamental human right, and forests play an indispensable role in safeguardi
ng this right by maintaining high water quality.

Section 42 of the Forest Conservation and Management Act 2016, provides that all
indigenous forests and woodlands in Kenya are to be managed sustainably for purpose
14
Schwab, J.C., 2009. Planning the urban forest: Ecology, economy, and community develop
ment.
15
Ibid
16
Hewlett, J.D., 1982. Principles of forest hydrology. University of Georgia press.
17
CHEGE, N.J., 2014. Analysis of Runoff, Infiltration Rate, Sediment Release and Nutrient D
rain from Four Vegetation Types in South Kinangop Forest, Nyandarua County (Doctoral dis
sertation, Kenyatta University).
s including the conservation of water, soil, and biodiversity, riparian and shoreline pro
tection, and carbon sequestration. These provision highlights the intrinsic connection
between forest management and environmental health.

3. Soil Protection and Erosion Control

Forests contribute significantly to soil conservation. Tree roots bind the soil, reducing
erosion caused by wind and water.18 This is particularly important in Kenya, where de
forestation and land degradation pose significant challenges to sustainable agriculture.
Forested areas prevent the loss of fertile topsoil and maintain soil productivity, suppor
ting both local agriculture and biodiversity.

4. Biodiversity Conservation

Kenya's forests are home to a wide array of flora and fauna, some of which are endem
ic and threatened. The conservation of forest ecosystems ensures the protection of the
se species, maintaining biodiversity. Forests like the Kakamega Forest, the only tropic
al rainforest in Kenya, are biodiversity hotspots, providing habitat for numerous plant
and animal species.

The conservation of forests in Kenya thus plays a key role in safeguarding biodiversit
y. By protecting forest habitats, we ensure the survival of species that rely on these en
vironments. This protection supports ecological functions such as pollination, seed dis
persal, and natural pest control, which are essential for ecosystem stability. Moreover,
maintaining biodiversity through forest conservation enhances resilience against envir
onmental changes, helping to sustain both human and wildlife populations. Forest con
servation efforts are therefore integral to preserving Kenya's rich natural heritage and
promoting environmental sustainability.

5. Climate Regulation

Forests are essential for climate regulation, playing a crucial role in sequestering carb
on dioxide from the atmosphere.19 Through the process of photosynthesis, trees absorb
carbon, storing it in their biomass and the soil, thus acting as carbon sinks. 20 This help
s mitigate the impact of global warming by reducing the overall concentration of gree
nhouse gases in the atmosphere. Additionally, forests influence local and regional cli
18
Paudel, A. and Yadav, A.B.P.K., 2021. Soil conservation practices in forest of Nepal. Journ
al Clean WAS (JCleanWAS), 5(2), pp.73-77.
19
Lorenz, K., 2010. Carbon sequestration in forest ecosystems.
20
Ibid
mate patterns by stabilising temperatures, maintaining humidity levels, and regulating
weather patterns.21

In Kenya, preserving forests is vital for mitigating climate change effects, which dispr
oportionately impact vulnerable communities. Forests help reduce the severity of clim
ate extremes, such as droughts and floods, by maintaining stable microclimates. This s
tabilisation is crucial for agriculture, water resources, and the overall well-being of co
mmunities. By protecting forests, Kenya can better cope with the challenges posed by
climate change, ensuring environmental sustainability and resilience for its people.

From the above it is clear that the concept of environmental rights is intrinsically linke
d to the protection and sustainable management of forests. In Kenya, environmental ri
ghts are enshrined in the Constitution, which guarantees every person the right to a cle
an and healthy environment. This includes the right to have the environment protected
for the benefit of present and future generations through legislative and other measure
s.

Socio-economic rights

Kenya’s forests support the productivity of the country’s primary economic sectors, in
cluding agriculture and energy. Sustainable management ensures these resources conti
nue to provide livelihoods for many communities especially those living in and aroun
d forested areas.22 This productivity accounts for 3.5% of the country’s GDP and empl
oys thousands of Kenyans, directly or indirectly. As a result, Kenya’s development a
mbition is impossible to realise unless forested lands are adequately protected and dev
eloped.23

While forest protection is an important aspect of forest conservation and management,

human rights should be prioritised while undertaking forest protection operations, part
icularly for people that live inside and near forests. Forest management in Kenya is di
rectly linked to socioeconomic rights, owing to the importance of forests in environm

21
Maracchi, G., Sirotenko, O. and Bindi, M., 2005. Impacts of present and future climate vari
ability on agriculture and forestry in the temperate regions: Europe. Climatic change, 70(1), p
p.117-135.
22
“A human rights-based approach for forest conservation and management in Kenya | UNRE
DD Programme” https://www.un-redd.org/news/human-rights-based-approach-forest-conserv
ation-and-management-kenya Accessed 27/05/2024
23
ibid
ental quality, community livelihoods and cultural identity, all of which have an impact
on overall social and economic well-being.24

According to Article 43 of Kenya’s Constitution, every person has the right to the hig
hest attainable standards of health, to accessible and adequate housing, to be free of h
unger and to have adequate food of acceptable quality, as well as clean and safe water
in adequate quantities.25 These rights are also protected by international legal docume
nts such as the International Covenant on Economic, Social, and Cultural Rights,
which are incorporated into Kenyan law by virtue of Article 2(6) of the Constitution.

Forests provide a variety of social and economic advantages, particularly for rural peo
ple.26 They promote economic development by creating jobs, exchanging forest produ
cts and investing in the forestry sector, among other activities. Forests also provide fo
od, timber, fuel and bio products, as well as regions of significant cultural, spiritual an
d recreational significance, allowing indigenous groups to continue their way of life. 27
According to a report by the Food and Agricultural Organization (FAO) in 2014, the n
umber of forest-dependent people worldwide is projected to be between 1.2 and 1.4 bi
llion, with 2.4 billion in developing countries relying on firewood for meal preparatio
n and water sanitation.28

Forest ecosystems play an important role in preserving water catchment regions 29 that
produce water for residential and other purposes, ensuring that people’s entitlement to
clean and safe water is met. They also promote biodiversity, which is important for fo
od security in societies who rely on edible fruits and roots from woods or even wild a
nimals for meat. They have an impact on local and global climates and act as natural c
atastrophe buffers30, such as wind, indirectly supporting the right to health by establis
hing a sustainable environment that prevents disease. There are also herbs in forests th
24
“Upholding human rights in the fight against deforestation | ClientEarth” https://www.client
earth.org/latest/documents/upholding-human-rights-in-the-fight-against-deforestation/
Accessed 27/05/2024
25
Article 43, Constitution of Kenya, 2010
26
Frances Seymour, ‘Forests, Climate Change and Human Rights: Managing Risk and Trad
eoffs,’ 2008, page 6
27
Paul Vedeld et al, The World Bank Environment Department ‘Counting on the Environme
nt Forsat Incomes and the Rural Poor,’ 2004
28
“Social Protection for Building the Resilience of Forest-Dependent People: Evidence, Linka
ges, Practices and Potential Applications” https://openknowledge.fao.org/items/d2dc0c1d-ed7
0-445f-a720-85959cde0506 Accessed 27/05/2024
29
See, The Report of the Prime Minister’s Taskforce on the Conservation of the Mau Forest C
omplex, March 2009, page 64
30
Ibid (n5)
at can provide therapeutic benefits to individuals. Trees also provide timber which is a
n integral material for building houses.

Forestry management is an important part of addressing and improving various socioe

conomic rights in Kenya. Effective laws and legal frameworks governing forestry ma
nagement, such as the Forest Conservation and Management Act of 2016, as well as
management bodies such as the Kenya Forests Service, are critical to ensuring that the
se rights are realised and maintained. Because of this interconnection, forestry manag
ement in Kenya must be approached holistically, taking into account the influence on
socioeconomic rights.

Land rights

Forests are essential for a balanced ecosystem. Forestry management is related to land
rights, particularly in the context of community forest associations (CFAs) and partici
patory forest management (PFM) initiatives.31 Here's how forestry management inters
ects with land rights:

In order to have forestry management it is required to have clear and secure land tenur
e rights. Community forest associations need secure land rights to manage forests sust
ainably and benefit from their resources. In many cases, communities may not have fo
rmal land titles but have customary rights to use and manage forests, which need legal
recognition.

PFM initiatives give the local communities the power to manage forests, it ensures the
ir rights to use and benefit from forest resources. Recognizing community ownership
and control over forests is crucial for sustainable management and the protection of in
digenous and local peoples' rights.32

Forestry management involves determining who has access to forest resources and un
der what conditions. Land rights play a vital role in defining these access rights, ensur
ing equitable distribution of benefits, and preventing conflicts over resource use.

31
"Glossary of Forestry Terms in British Columbia" (PDF). Ministry of Forests and Range (C
anada). March 2008. Retrieved 2009-04-06
32
Caleb Stevens, Robert Winterbottom, Katie Reytar and Jenny Springer. Securing Rights, Co
mbating Climate Change: How Strengthening Community Forest Rights Mitigates Climate C
hange. Published by World Resources Institute and Rights and Resources Initiative, July 2014.
Secure land rights empower communities to participate in decision-making processes
regarding forest management. CFAs and PFM initiatives promote inclusive governanc
e structures where local stakeholders, including indigenous peoples and marginalised
groups, have a say in forest management decisions.

Effective forestry management requires supportive legal frameworks that recognize a

nd protect land rights, including customary rights and community ownership. Land te
nure laws, forest policies, and regulations should align with human rights principles to
ensure fair and equitable access to forest resources.

In summary, forestry management is intricately linked to land rights, as secure land te

nure, community ownership, resource access, participation, and supportive legal fram
eworks are essential for sustainable and equitable forest management.

FORESTS AND THEIR CONTRIBUTION TO ECOSYSTEM SERVICES

The benefits that people receive from natural ecosystems are known as ecosystem ser
vices. They include a variety of services and processes that support life and enhance h
uman welfare. These services fall into four primary categories which are listed as Pro
visioning, Regulatory, Supporting and Cultural services. This is as provided for under
article 69 Constitution which outlines the obligations of the state in respect to the en
vironment. These obligations include ensuring sustainable exploitation, utilisation, ma
nagement, and conservation of the environment and natural resources, and encouragin
g public participation in the management, protection, and conservation of the environ
ment.33

Provisional Services

These include the material goods that trees produce, like food, fuel, timber, and medic
al supplies. In addition to providing fruit and nuts for sustenance and a wide range of
plants used in both traditional and modern medicine, forests also provide wood for bui
lding and paper production processes. Many communities, distinctly those residing in
or adjacent to forested areas, depend on these resources for their daily sustenance. Ho
wever, this access is regulated by the Forest Conservation and Management Act (2
016) section 7 which provides for the establishment of Kenya Forest Service (KFS),
which is responsible for the conservation and management of all public forests as read
together with section 8 which Mandates the Kenya Forest Service (KFS) to develop a
33
Kenyan Constitution 2010
nd enforce guidelines for sustainable forest management, including conservation of bi
odiversity, protection of water catchments, and regulation of forest access.34 This was
taken into account in the case Friends of Lake Turkana Trust v Attorney General
& 2 others [2014] eKLR, where the High Court recognized the transboundary enviro
nmental impacts and stressed the need for environmental conservation and sustainable
management of natural resources. The court underscored the importance of forests in
providing material goods essential for the local communities' sustenance and livelihoo
ds.35 The judgment highlighted the legal obligations under the Forest Conservation an
d Management Act to protect forest resources.

Regulating services

These are the natural processes that forests control, and which are good for both the e
nvironment and human societies. By extracting carbon dioxide from the atmosphere, t
he forest cover functions as carbon sinks, which is how they regulate the climate and a
s such reduce global warming. By capturing rainwater, lowering runoff to the ground
below, and boosting groundwater recharge help control the water cycle. This regulatio
n also helps to prevent soil erosion, reduce the risk of floods, and maintain water quali
ty by filtering pollutants and sediments. This is as protected under Article 42 of the C
onstitution which guarantees that every person has the right to a clean and healthy en
vironment, which includes the right to have the environment protected for the benefit
of present and future generations through legislative and other measures.36 This was as
applied in Waweru v Republic (2006) eKLR where The High Court emphasised the
constitutional right to a clean and healthy environment. The court ruled that it was unl
awful to encroach on forest land and ordered the appropriate authorities to act right a
way and preserve to restore the forested areas. This emphasises how important forests
are in controlling the water cycle, preventing floods, and reducing soil erosion.37

Supporting services

These are the essential ecological mechanisms that provide additional ecosystem servi
ces. Decomposed organic matter nourishes the soil, encouraging plant development an
d preserving soil fertility by a process known as nutrient cycling, which is largely faci
litated by forests and forest cover. By using microbial activity and root growth to brea
34
Forest Conservation and Management Act (2016)
35
Friends of Lake Turkana Trust v Attorney General & 2 others [2014] eKLR,
36
ibid 1
37
Waweru v Republic (2006) eKLR
k down rock, forests also aid in the production of soil which is crucial in the ecosyste
m cycle. These processes boost ecosystem resilience which increases the biodiversity
found in forests and as such supports a wide variety of plant and animal species. This
has been greatly advocated for by various policies fabricated to conserve forests so as
to promote these services. This includes the National Forest Policy (2014) which em
phasises on sustainable forest management practices and to enhance management of f
orest resources for conservation of soil, water biodiversity and environmental stability.
38
Similarly, the National Environment Policy (2013) advocates for the sustainable ma
nagement of forests to maintain their ecological functions and services ,and involve a
nd empower communities in the management of forest ecosystems.39

Cultural services

These reflect on the hidden benefits that forests offer, which enhance cultural identity
and human well-being. Recreational activities in forests such as hiking, camping, and
seeing wildlife, are good for your physical and mental well-being. Forests also serve a
s locations for customary rites, ceremonies. This is as provided for under Article 66 T
he Kenyan Constitution40 as read together with The Community Land Act 2016. Se
ction 5(3) which recognizes community and customary land rights, which are signific
ant in the context of community forests and the involvement of indigenous communiti
es in forest management.41 Forests also provide a feeling of connection to nature, whil
e also being spiritually significant to many cultures. Furthermore, forests enhance the
aesthetic value of landscapes by serving as an inspiration for literature, art, and touris
m. This key tenants was as encompoased in the landmark case of Joseph Letuya & 2
1 others v Attorney General & 5 others [2014] eKLR. The learned judge found that
the eviction of the Ogiek community from the Mau Forest violated their rights to cultu
re, property, and religion. The court recognized the cultural significance of forests for
the Ogiek and ordered the National Land Commision to take measures to protect their
rights, including ta recognizing their customary land rights.42 This case underscores th
e importance of forests in maintaining cultural identity and spiritual well-being as prot
ected under the Kenyan Constitution.

38
Section 3.2(f) National Forest Policy (2014)
39
Section 4.1 National Environment Policy (2013)
40
ibid 1
41
Section 5(3) The Community Land Act 2016.
42
Joseph Letuya & 21 others v Attorney General & 5 others [2014] eKLR.
Relevant Case law
Kenya Forest Service v Evans Nyakwana (2015)
The court upheld the importance of forests in mitigating climate change through
carbon sequestration, emphasizing the need for strict enforcement of forestry laws to
prevent illegal logging and deforestation.

Save Lamu & 5 others v National Environmental Management Authority

(NEMA) & another [2019] eKLR
This case addressed environmental pollution and the role of forests in improving air
quality. The court recognized the necessity of maintaining forest cover to mitigate air
pollution and protect public health.

Kenya Association of Manufacturers & 2 others v Cabinet Secretary - Ministry

of Environment and Natural Resources & 3 others [2017] eKLR
This case underscored the importance of forests as sites for scientific research and
environmental education, advocating for their protection to facilitate these activities.

Kenya Youth Climate Network v Cabinet Secretary Ministry of Environment &

Forestry & 3 others [2021] eKLR
The court underscored the global importance of forests in maintaining ecological
balance, supporting international efforts to conserve forest ecosystems for global
environmental health.

OWNERSHIP AND MANAGEMENT OF TERRESTRIAL FORESTS IN KEN

YA

PUBLIC FORESTS

Ownership and Definition

Public forests are those owned and managed by the state.43 These forests include natio
nal parks, national reserves, and other areas designated for conservation and public us
e. The Forest Conservation and Management Act, 2016, defines public forests to in
clude: public forests classified under Article 62 (1)(g) of the Constitution and forests
on land between the high and low water marks classified under Article 62 (1) of the
Constitution44, and outlines their governance.45

Management:

43
ARTICLE 62(1) (g) of the Constitution of Kenya 2010
44
Forest Conservation and Management section 30(2)
45
Ibid s 4
The Kenya Forest Service (KFS) is primarily responsible for managing public forests.
46
The KFS's mandate includes protecting and conserving forest resources, developing
management plans, and ensuring sustainable utilisation of forest products.47 KFS may
also enter into joint management agreements in the management of State Forests whos
e main purpose is to conserve forest and allow non-consumptive uses.48 KFS also invo
lves local communities in the development and implementation of these plans to ensur
e that conservation efforts are socially inclusive and economically beneficial. 49

KFS has also and continues to conduct regular patrols and surveillance to prevent ille
gal logging, poaching, and encroachment. KFS has accomplished this by banking on t
echnology to detect illegal logging and fire incidents that cause deforestation. Kilifi K
FS conservator Elvis Fondo highlighted their use of satellite imagery for forest monito
ring, which provides real-time alerts on illegal activities such as logging. This technol
ogy allows for swift responses and has significantly reduced forest destruction. 50

Institutional and Legal Frameworks:

Kenya has put in place a thorough institutional and legal structure to govern and mana
ge public forests. The purpose of this framework is to guarantee sustainable forest pro
tection, management, and use. Important elements consist of:

a) Kenya Forest Service (KFS) whose primary mandate is "to provide for the de
velopment and sustainable management, including conservation and rational u
tilisation of all forest resources for the socioeconomic development of the cou
ntry and for connected purposes".51
b) National Environment Management Authority (NEMA) which ensures that
environmental standards are adhered to in forest management.52

46
Ibid section 7
47
Ibid s8
48
Forest Act s 36
49
‘Kenya Forest Service (KFS) | Nairobi Convention Clearinghouse Mechanism’ (nairobicon
vention.org) <https://nairobiconvention.org/clearinghouse/taxonomy/term/5851> accessed 29
May 2024.
50
Nehemiah Okwembah, ‘KFS Banks on Technology to Curb Illegal Logging’ (Health) <http
s://www.standardmedia.co.ke/health/environment-climate/article/2001492072/kfs-banks-on-t
echnology-to-curb-illegal-logging> accessed 29 May 2024.
51
‘Kenya Forest Service (KFS) | Nairobi Convention Clearinghouse Mechanism’ (nairobicon
vention.org) <https://nairobiconvention.org/clearinghouse/taxonomy/term/5851> accessed 29
May 2024.
52
https://www.nema.go.ke/< accessed 29 May 2024.
 c) Forest Conservation and Management Act, 2016: Provides the legal basis f
or the establishment, management, and conservation of public forests. The FC
MA was enacted to give effect to Article 69 of the Constitution of Kenya whic
h provides for the development and sustainable management, including the co
nservation and rational utilisation of forest resources for the social economic d
evelopment of the country and connected purposes.
d) Constitution of Kenya, 2010: Articles 42 and 69 emphasise environmental co
nservation and the sustainable management of natural resources.53

Management Planning:

Public forests are managed through detailed forest management plans developed by th
e KFS. These plans incorporate sustainable management practices, community partici
pation, and conservation goals. For example, the Mau Forest Complex restoration initi
ative is guided by a comprehensive management plan aimed at rehabilitating degraded
areas and enhancing ecosystem services. However, this effort was marred by controve
rsy due to the forced eviction of more than 50,000 people from more than 45,000 hect
ares (111,000 acres) of forest since 2009. In 2019, researchers with Human Rights Wa
tch found that the evictions involved excessive force: houses were burned down, peop
le were beaten, and crops were destroyed. Nine deaths were reported.54

In 2005, a new forest policy and law were enacted, emphasising the co-management o
f forest resources with local communities and the private sector. This law also establis
hed strict controls on logging and human settlements. Demonstrating its commitment,
the government formed a 30-member Task Force, reporting to the Prime Minister, tas
ked with studying and recommending immediate, short-term, and long-term strategies
for restoring the Mau Forests Complex. The Task Force completed its work and subm
itted its recommendations in March 2009. The Government of Kenya (GoK) is dedica
ted to halting the environmental degradation of the Mau, in alignment with its national
development goals outlined in “Vision 2030.” 55

53
Constitution of Kenya, 2010
54
Keit Silale , ‘Mau Forest Rehabilitation Still Overshadowed by Forced Evictions’ (Mongab
ay Environmental News25 January 2022) <https://news.mongabay.com/2022/01/mau-forest-r
ehabilitation-still-overshadowed-by-forced-evictions/> accessed 29 May 2024.
55
Rehabilitation of the Mau Forest Ecosystem A Project Concept prepared by the Interim Coo
rdinating Secretariat, Office of the Prime Minister, on behalf of the Government of Kenya, Se
ptember 2009
The Forest Act of 2005 has also been reviewed into the Forest Conservation and M
anagement Act of 2016 (GoK, 2016) to further strengthen the country’s responses to
protect forested landscapes and to provide opportunities for increasing the forest cove
r in line with national development aspirations. In mainstreaming Climate change in v
arious sectors, additional policies in the land, agriculture and energy sectors have also
been developed. In addition to this, Kenya has a National Development Plan which se
eks to achieve the Vision 2030 targets through aggressive afforestation and reforestati
on and rehabilitation programs.56

Furthermore, in order to support the achievement of sustainable forest management, P

articipatory Forest Management was adopted with the passing of the Forest Act. By cr
eating a set of principles based on an analysis of the experiences of researchers, forest
ers, and managers of natural resources from Kenya and its neighbouring countries, PF
M has made a significant contribution to the management of both public and private f
orests. They serve as a source of guidance for all parties involved in the forest industri
es, including both governmental and private forest owners.57

Case Law

Republic v Kenya Forest Service Ex-parte Clement Kariuki & 2 others

The case of Republic v Kenya Forest Service Ex-parte Clement Kariuki & 2 Others in
volved an application for judicial review by Clement Kariuki and two others against t
he Kenya Forest Service (KFS). The applicants sought orders to quash the decision by
KFS to evict them from the forest land they had occupied for several years. They argu
ed that the eviction was carried out without adequate notice and in violation of their c
onstitutional rights, including the right to fair administrative action and the right to pr
operty.

The court held that the Kenya Forest Service had indeed violated the applicants' right
to fair administrative action. The eviction was carried out without proper notice and w
ithout giving the applicants an opportunity to be heard, thus contravening Article 47 o
f the Constitution. The court also found that the eviction process did not comply with
the procedural requirements stipulated in the Forest Conservation and Management A

56
Ministry of Environment and Forestry The National Forest Reference Level for REDD+ Im
plementation August 2020
57
‘Group 9 - Notes’ (Studocu2020) <https://www.studocu.com/row/document/university-of-n
airobi/family-law/group-9-notes/41129649> accessed 29 May 2024.
ct. Consequently, the court granted the orders sought by the applicants, quashing the e
viction decision by KFS.58

The ruling underscores the critical importance of adhering to constitutional and statut
ory provisions when carrying out administrative actions, especially those that signific
antly affect individuals' rights. While forest conservation is paramount, the processes
undertaken by state agencies like KFS must balance environmental objectives with th
e legal rights of individuals.

In my view, the court's decision is a robust affirmation of the rule of law and the princ
iples of fair administrative action. It sends a clear message that government agencies
must operate within the bounds of the law and respect individuals' constitutional right
s. For effective forest management, it is essential to engage local communities and ens
ure that their rights are protected through transparent and lawful processes.

Furthermore, this case highlights the need for reforms in the governance of forest reso
urces to prevent similar conflicts. Strengthening community participation and ensurin
g that the legal frameworks governing forest management are adhered to can help in a
chieving both conservation goals and social justice.

COMMUNITY FORESTS

Hundreds of millions of people worldwide, including in Kenya, rely on extensive fore

st areas for their sustenance and cultural heritage. For the rural and indigenous commu
nities, forests serve as vital sources of water, food, timber, wildlife, and form a core p
art of their identity. These resources are central to their social, economic, and political
lives, primarily shaping their livelihoods, nutrition, and employment opportunities. Th
erefore, it is crucial to focus on the effective protection and management of forests.
To understand what community forests are, we first have to understand what a commu
nity is and what forests are. What is a community? The Forest Conversation and Ma
nagement Act defines a community as a clearly defined groups of users of forest land
identified on the basis of ethnicity, culture or similar community of interest in article
63 of the constitution of Kenya.59
From the definitions above and that of forests in previous sections, we can conclude t
hat Community forests therefore are lands held collectively by either rural or indigeno

58
Republic v Kenya Forest Service Ex-parte Clement Kariuki & 2 others [2013] eKLR
59
Forest Conservation and Management Act CAP 385 Laws of Kenya
us communities based on a shared history, language, culture, or lineage.60 Section 30
of the FCMA provides for what constitutes a community forests.

Forest Conservation and Management Act of 2018 is the primary legal framework
governing community forests in Kenya. It was enacted to improve forest conservation
and management, recognizing the need for community involvement in these processes.
61
Under this Act, community forests are managed through participatory forest manag
ement plans, which are agreed upon by the KFS and the respective CFAs. The Act em
phasises sustainable forest management, biodiversity conservation, and the equitable s
haring of benefits from forest resources. The constitution of Kenya being the primary
source of law is relevant in governing community forests also the community land Ac
t.

Management of community forests

Kenya Forest Service (KFS) is the primary governing body responsible for the protect
ion and management of all forest and forest resources in Kenya including community
forests, the KFS provides oversight and works closely with community-based organiz
ations such as Community Forest Associations (CFAs). The KFS's role includes provi
ding technical assistance, coordinating with other governmental agencies, and ensurin
g compliance with national forestry laws. KFS role in managing community forests is
manifested through recommendation of community forest as provisional and though j
oint management agreements between communities and individual for management of
community forests.

Community Forest Associations (CFAs): CFAs are legally recognized entities that ser
ve as a bridge between the community and the KFS. They are responsible for the day-
to-day management of community forests, guided by the management plans approved
by the KFS. CFAs play a crucial role in mobilizing community members, fostering su
stainable practices, and ensuring that the benefits derived from the forest are distribute
d fairly among the community members.

60
Danielle King , ‘Why Are Community Forests So Important? (2014) July 17’
61
Boscow Okumu and Edwin Muchapondwa, ‘Determinants of Successful Collective Manage
ment of Forest
Resources: Evidence from Kenyan Community Forest Associations’ (2020) 113 Forest Policy
and Economics’
Traditionally, forest management strategies have been based on a centralist command
and control leading to the gazettement of government forests for over a century, a pre
mise that sustainable forest management is best secured by state custody over forests,
with management being the responsibility of a professional forest service and therefor
e it did not meet the needs of local communities nor contribute much towards improvi
ng the welfare and well-being of large segments of the population living in or near for
ests.62 However, in around 1980s there were massive pressure on the government to d
ecentralise forest governance to mitigate against forest degradation by involving the l
ocal communities who are beneficiaries of the products and services to ensure they ha
ve the power to manage “their” resources.

Consequently, a new strategy for forest management was proposed, in which explicit
attention was given to the forest-related needs of rural communities and to community
participation in the sustainable management of forest resources. This new strategy wa
s termed participatory forest management. This strategy has become widely accepted
as experience has been gained about how to involve local communities actively in for
est a management regime where the whole community, through indigenous governanc
e systems, fully manages and owns the resource based on representative authority.63

Participatory forest management

In Kenya, a Participatory Forest Management (PFM) approach was adopted through f

ormation of Community Forest Associations (CFA) to improve forest cover and their l
ivelihoods as provided for in the Forest and Management conversation Act. PFM is m
anifested in the Act by recognizing public participation and community involvement i
n management of forest as a principle for management of forests, also through establis
hment of CFAs.

Participatory Forest Management as defined by the National PFM guideline is ‘a fores

t management approach, which deliberately involves the forest adjacent communities
and other stakeholders in management of forests within a framework, [and] which con
tributes to community’s livelihoods’ (Kenya Forest Service and Kenya Forest Workin
g Group, 2007).64 The stakeholders are locally involved in management of a forest, w

62
Supra
63
Josephine Kamene Musyoki and others, ‘Factors Influencing Level of Participation of Com
munity Forest
64
Ibid
hich may be dry woodlands, tropical forests, mangrove or plantations, for the mutual
benefit of both the species of flora and fauna and the community.

Most Kenyan forests were under pressure because of deforestation, forest fragmentati
on, forest degradation, over-exploitation of species and exotic species' .It was believe
d that this situation could be resolved by the involvement of communities and other al
l stakeholders in forest management, hence decentralization community forest manage
ment through the introduction of a participatory forest management system.

Participatory Forest Management (PFM) process was piloted in Arabuko Sokoke Fore
st (ASF) Dida beat in 1997 as an alternative forest management approach.65 This was
necessitated by national outcry over forest resource degradation, clamour for democra
tization and need for better forest governance.

As outlined above, Participatory Forest management encompasses all those different t

ypes of forestry activities that involve local stakeholders, especially villagers to partici
pate through anticipated opportunity to access benefits and participate in forest manag
ement through involvement in decision-making in forest management, free election of
forest management representatives, among many others.

Effectiveness of community participation in forest management in Kenya

Community participation has been pivotal in enhancing forest conservation and sustai
nability. Communities often have traditional knowledge and a vested interest in maint
aining the forest environment, which leads to more conscientious conservation practic
es.66 For instance, local communities are directly involved in activities such as patrolli
ng to prevent illegal logging and participating in reforestation programs. These action
s help in maintaining biodiversity, preserving water catchment areas, and controlling s
oil erosion. The integration of indigenous knowledge with modern conservation techn
iques often results in more resilient and adaptable management strategies.

When communities are involved in the management of forests, they can utilize the res
ources in a sustainable manner, creating a steady source of income. This can include t
he harvesting of timber under sustainable guidelines, collection of non-timber forest p
65
Mbuvi, J.K. Musyoki,’’ impacts of participatory forest management on community liveliho
ods: a
case study of Dida Community adjacent to Arabuko-Sokoke forest in Kilifi County, Kenya’,
World J.
Agric. Sci., 1 (2) (2013),
66
Supra
roducts like medicinal plants, honey, and fruits, and the development of eco-tourism.
For example, the Mau Forest, one of Kenya's largest forested areas, provides numerou
s communities with resources for their livelihood, which encourages them to keep the
forest intact.67 Sustainable use ensures that these resources are available long-term, wh
ich is beneficial for future generations as well.

Moreover, community forest management often leads to stronger community ties and
improved social structures. As communities work together to manage forest resources,
it fosters a sense of unity and shared purpose. Additionally, involving local communiti
es, especially marginalized groups, in decision-making processes helps in elevating th
eir societal status and improving equality. This participatory approach can empower i
ndividuals and enhance community governance, as members develop skills in leaders
hip, negotiation, and management.

The effectiveness of community participation is also heavily dependent on the support

from policies and governance structures. In Kenya, laws like the Forest Conservation
and Management Act 2016 have formalised the role of community forest associations,
giving communities legal authority to manage forest resources. This legal backing is c
rucial for ensuring that community efforts are recognized and supported. However, th
e success of these policies often depends on their implementation and the degree of ac
tual power and resources delegated to the community level.

Despite these positive impacts, several challenges hinder the effectiveness of commun
ity participation. These include limited financial and technical resources, which can pr
event communities from implementing sustainable management practices effectively.
There is also the challenge of ensuring equitable distribution of benefits, which if not
managed well, can lead to conflicts within and between communities. Furthermore, po
litical interference and corruption can undermine community efforts, leading to unsust
ainable exploitation of resources.

SUSTAINABLE DEVELOPMENT GOALS AND FORESTRY MANAGEMEN

T

The Sustainable Development Goals(SDGs) are a collection of 17 integrated goals ad

opted by all UN member states in 2015. They recognize that action in one area will af
67
Supra
fect outcomes in others, and that development must balance social, economic and envi
ronmental sustainability. These goals address global challenges, including poverty, in
equality, climate change, environmental degradation and peace and justice. The SDGs
highlight the connections between the environmental, social and economic aspects of
sustainable development.

The integration of forest management with sustainable development goals can be seen
in the following;

● SDG 15, Life on Land68;Protect, restore,and promote sustainable use of terrestr

ial ecosystems;Sustainably manage forests; Combat desertification;Halt and re
verse land degradation, and halt biodiversity loss. This goal has several targets,
one of which is promoting the implementation of sustainable management of
all types of deforestation, restoring degraded forests and substantially increasi
ng afforestation and restoration globally.

● SDG 13 on climate action69. The objective of this goal is to take urgent action t
o combat climate change and its impacts by regulating emissions and promotin
g developments in renewable energy. Forests absorb and store carbon dioxide,
a major greenhouse gas. Sustainable forest management practices that reduce
deforestation and promote reforestation can help mitigate climate change and
promote the realization of this goal.

● SDG 8, on decent work and economic growth70. Its aim is to promote sustaine
d, inclusive and sustainable economic growth, full and productive employment
and decent work for all. Forests provide jobs and income for millions of peopl
e through forestry, tourism, agriculture and other sectors. Sustainable forest m
anagement can create sustainable livelihoods and promote economic developm
ent in forest communities thus contributing to the fulfillment of this goal.

● SDG 6, On clean water and sanitation71. This goal aims to ensure availability a
nd sustainable management of water and sanitation for all. One of its aims is t
o protect and restore water related ecosystems including mountains, forests, w
etlands, rivers, aquifers and lakes. Forests play a vital role in regulating water

68
Goal 15: Life on Land, United Nations Development Programme(UNDP)
69
Goal 13: Climate action, UNDP
70
Goal 8: Decent work and economic growth, UNDP
71
Goal 6: Clean water and sanitation, UNDP
 cycles and providing clean drinking water. Sustainable forest management pra
ctices can help protect water cycles and ensure access to clean water.

● SDG 7, Affordable and clean energy72. This goal’s objective is to ensure acces
s to affordable, reliable, sustainable and modern energy for all. In many rural a
reas, wood energy is the most affordable renewable source of energy for heati
ng and cooking. Sustainable forest management can contribute to this goal by
ensuring wood is used efficiently and Sustainably.

International Case studies.

Achieving sustainable forest management in Indonesia.

Indonesia, with its vast rainforest, has faced significant deforestation challenges. Hist
orical forest management has involved struggles over natural resource control, leading
to high rates of deforestation and carbon emissions.

Indonesia has forests accounting for about 60 percent of the land area and are the mos
t extensive natural resource. These forests represent about 10 percent of the world's re
maining tropical forests. Indonesia possesses the third-largest rainforest and the secon
d highest level of biodiversity73 However, due to poor forest management systems, the
re has resulted in deforestation, environmental degradation, illegal activities,and incre
asing incidence of injurious factors such as forest fires and falling productivity of both
forests and plantations. These issues are a manifestation of deep-rooted problems that
largely emanate from attenuated property rights and weak enforcement of existing rul
es and regulations.

The Indonesian government has implemented several initiatives to promote sustainabl

e forest management. These include:

● Strengthening legal frameworks to prevent illegal logging and land use.

● Empowering local communities to manage forests sustainably and generate in

come from forest products through innovative systems.

● Targeting significant reductions in emissions by restoring peatlands.

72
Goal 7: Affordable and clean energy, UNDP
73
Keong, C.Y. Sustainable resource management and ecological conservation of mega-biodiv
ersity: The Southeast Asian Big 3 reality. Int. J. Environ. Sci. Dev. 2015,6, 876.
 ● Introducing policies that have led to a reduction in deforestation and land degr
adation74.

● Shifting from conventional forestry practices to innovative approaches that val

ue the diverse set of services provided by forests, such as carbon capture and
water storage75.

● Enacting environmental protection regulations to safeguard ecosystems.

● Enhancing its Nationally Determined Contribution(NDC) targets for the Paris

Agreement on Climate Change and developing a new strategy for reaching its
2030 Forest and Other Land Use (FOLU) Net Sink target for carbon sequestrat
ion76.

Despite these efforts to implement sustainable forest management practices, there's sti
ll challenges in different areas such as limited capacity and resources for monitoring a
nd enforcing forest protection laws that contribute to ongoing illegal activities. Also,
Conflicts between different land use priorities, such as agriculture, conservation, and
development, pose significant challenges. Resolving these conflicts requires inclusive
and participatory approaches. Encouraging community interest in long-term investme
nt in forest management is challenging due to uncertainties in land management right
s77.

Indonesia, has made conscious efforts to help with the management of its forests and s
erves as a valuable case study for other nations seeking to implement sustainable fores
t management practices.

CHALLENGES

Despite the significant strides made in forest conservation, Kenya faces several challe
nges, including deforestation, illegal logging, land encroachment, and climate change.
78

74
A Chronicle of Indonesia’s Forest Management: A Long Step towards Environmental Susta
inability and Community welfare.
75
Sustainable forest management: Indonesia navigates a paradigm shift, Monica Evans.
76
Sustainable forest management: Indonesia navigates a paradigm shift, Monica Evans.
77
Mainstreaming Smart Agroforestry for Social Forestry Implementation to Support Sustaina
ble Development Goals in Indonesia: A Review.
78
Kameri-Mbote, P., Kamunge, I. and Yatich, J.K., 2021, April. Country report for Kenya. In
African Soil Protection Law (pp. 177-294). Nomos Verlagsgesellschaft mbH & Co. KG.
The Kenya Forest Service in particular has faced numerous challenges in undertaking
its mandate. These include:79
I. Corruption within law enforcement and the judiciary can undermine efforts to co
mbat illegal activities.
II. Conflicts over land ownership and use rights can complicate forest conservation e
fforts.
III. Insecure land tenure for local communities which has led to encroachment and de
forestation.
IV. Inadequate funding which hampers the implementation of comprehensive forest
management plans and conservation projects as well as the over-reliance on dono
r funding which can lead to project discontinuity when funds are no longer availa
ble.
RECOMMENDATIONS

1. Strengthening Enforcement: Enhancing the capacity of KFS and other releva

nt bodies to enforce forest laws and regulations is crucial in curbing illegal acti
vities and ensuring sustainable forest management.

2. Promoting Agroforestry: Integrating trees into agricultural landscapes can pr

ovide multiple benefits, including improved soil fertility, increased biodiversit
y, and enhanced livelihoods for farmers.

3. Public Awareness and Education: Raising awareness about the importance o

f forests and the need for conservation can foster a culture of environmental st
ewardship among citizens.

4. Sustainable Livelihoods: Providing alternative livelihoods for communities d

ependent on forest resources can reduce pressure on forests and promote sustai
nable use.

5. Climate Change Mitigation and Adaptation: Implementing strategies to mit

igate and adapt to climate change, such as reforestation and afforestation proje
cts, can enhance forest resilience and contribute to global climate goals.

CONCLUSION

79
ibid
From the foregoing, the vitality of forestry management has been demonstrated. It has
constitutional as well as legislative underpinnings. Furthermore, it is tied to the
general well-being of the Kenyan population through its significance in ecosystem
services. The ties to the sustainable development goals also demonstrate its
significance in the international arena.
Pursuant to its fundamental nature, there exists a wide legal and institutional
framework to ensure that the goals set are achieved. Nevertheless, it is not without
challenges. Such challenges should be addressed with as much concern as they
deserve. We are all dependent on forests and this principle fact should be the guiding
light in all relevant dealings.