PROCEDURE AND HOUSE RULES COMMITTEE OF THE 12TH PARLIAMENT, CALL FOR PUBLIC PARTICIPATION ON THE FOREST CONSERVATION AND MANAGEMENT (AMENDMENT) BILL, 2021 PETITION

On 19th November, 2021 the National Assembly’s Procedure and House Rules Committee published in the Kenya Gazette Supplement No. 208 (National Assembly Bills No. 53) a Forest Conservation and Management (Amendment) Bill, 2021.

The Bill seeks to amend section 34 (2A) of the principal Forest Act which stipulates procedures and criteria to be followed for any petition on boundary variation or revocation of registration of public forests. The amendment seeks to relieve KFS off their obligation to provide technical recommendations on any petition to vary public forest boundaries. This is an important law and its review or amendment calls for proper public participation as envisioned in the Constitution of Kenya.

The Bill went through the 1st reading on 7th February 2022 after which it was committed to the relevant departmental committee, in this case, Procedure and House Rules Committee.

According to the Standing Order No. 127(3), the Procedure and House Rules committee is required to facilitate public participation on the Bill through an appropriate mechanism, including; inviting submission of memoranda; holding public hearings; consulting relevant stakeholders in a sector; and consulting experts on technical subjects.

Standing Order No. 127 (4) obligates the the Chairperson of the Procedure and House Rules Committee to present the Committee’s report to the House to inform debate within twenty-one calendar days of such committal and upon such presentation.

Despite the Bill having not been subjected to public participation, it has nevertheless been listed among the Bills that are likely to be discussed when the House resumes business on 10th May 2022.

We, a coalition of 31 plus conservation organisations, contend that we have not been consulted in whatever form regarding the Forest Conservation and Management (Amendment) Bill, 2021. To the best of our knowledge, public participation is yet to be conducted.

We are calling upon the Procedure and House Rules committee to call for public participation as per the Standing Orders of the House. We further request the committee to make public a report of public participation if at all it has been conducted for public scrutinity.

Article 118 (1) of the Constitution obligates the Parliament to (a) openly conduct its business, and its sittings and those of its committees should be open to the public; and (b) facilitate public participation and involvement in the legislative and other business of Parliament and its committees.

Failure to conduct public participation in a legislative process is unconstitutional and undermines the national values and principles as enshrined in Article 10 (2) a, b and c: The national values and principles of governance include; democracy and participation of the people; inclusiveness; good governance, integrity, transparency and accountability.

Click the link below to sign this petition requesting the Procedure and House Rules Committee of the National Assembly of Kenya to call for proper public participation on the Forest Conservation and Management (Amendment) Bill, 2021.