Verte Environmental SolutionsConservationists, environmental scientists, investors, economists, and developers see environmental issues differently due to competing interests. The Wildlife Conservation and Management (Amendment) Act, 2025 (Act No. 24 of 2025), assented to in October 2025, and effective November 2025, tries to strike a balance in a bid to promote sustainable development while conserving Kenya’s wildlife resources.
For this reason, the Act ensures that all matters in Kenya with respect to conservation, protection, and management of the environment conform with the Environmental Management and Co-ordination Act (EMCA) (Cap. 387).
The Wildlife Act further states that no user rights or other license or permit granted under it shall exempt a person from complying with any other written law concerning the conservation and protection of the environment.
Environmental Impact Assessment (EIA) under EMCA
Under EMCA, the proponent of a project in Kenya must undertake an Environmental Impact Assessment (EIA) before financing, commencing, or proceeding with it (section 58). EMCA lays out EIA requirements in Kenya, including projects that require an EIA license as listed in the second (2nd) schedule and also determined by the National Environment Management Authority (NEMA).
The Environmental (Impact Assessment and Audit) (Amendment) Regulations, 2019 (Legal Notice 32 of 2019) offer further guidance.
EIA Guidelines Under the Wildlife Conservation and Management Act 2025
In addition to EMCA and its complementary laws, the Wildlife Conservation and Management (Amendment) Act 2025 guides projects, focusing on how development interacts with wildlife.
Under the Act:
EIA Is a Legal Safeguard For Wildlife In Kenya
Any activity likely to adversely affect wildlife or wildlife habitats must undergo an Environmental Impact Assessment (EIA) before approval. These include:
- Developments within or near protected areas, wildlife corridors, dispersal areas, and ecologically sensitive landscapes. Section 44 requires a management plan before development in these areas. Usually, management plans are subjected to an EIA, specifically a Strategic Environmental Assessment (SEA).
- Notice to vary boundaries or revoke a national park or a marine protected area (Section 34).
- Notice to vary boundaries or revoke a national reserve (Section 37).
- Exchanging part of a national park with private land with the consent of the land owner (Section 38).
- Mining or quarrying in a national park (Section 45).
No Approval for Consumptive Wildlife Utilization Without an EIA
You’ll not receive a license, permit, or authorization for consumptive wildlife utilization in Kenya unless you have an approved EIA from NEMA, among other requirements (Eighth schedule part 1 (1c)).
Some of these activities include:
- Live sale of animals in game farming operations.
- Cropping in game farming and ranches.
- Culling in wildlife conservation areas. Culling is a last resort after other wildlife management tools like translocation have been tried.
- Donating wildlife to another state.
- Sport hunting, recreational hunting, and subsistence hunting. However, these are BANNED.
Community Participation And Accountability Are Mandatory
Public participation is a constitutional right, which is also echoed in EMCA and EIA regulations. Therefore, you must consult, be accountable, and transparent to the communities living alongside wildlife during the EIA process.
Consequences of Non-Compliance With EIA Requirements for Activities Affecting Wildlife in Kenya
EIA requirements under the Wildlife Act complement EMCA, the principal act. Under EMCA, non-compliance is an offense.
Failure to prepare and submit an EIA report and making fraudulent statements in the report are serious offenses.
When you submit a report with fraudulent and misleading information, you risk imprisonment of not more than three (3) years, or a fine not exceeding five (5) million shillings. Or both. The EIA expert also loses their practicing license.
How EIA Requirements for Wildlife Conservation Affect International Safeguard Standards
Donor-funded development projects adhere to international standards, in addition to local laws. Therefore, if your project is donor-funded, you must ensure that it considers wildlife in accordance with the donor’s safeguard standards.
For example, World-Bank funded projects will also adhere to World Bank Environmental and Social Standard 6 (ESS6): Biodiversity Conservation and Sustainable Management of Living Natural Resources.
The United Nations Industrial Development Organization (UNIDO) safeguards biodiversity through Operational Safeguard 2 (OS 2): Protection of Natural Habitats and Biodiversity, prohibiting projects that introduce or use potentially invasive species.
The United Nations Environment Programme (UNEP) does the same via Safeguard Standard 1: Biodiversity Conservation, Natural Habitats, and Sustainable Management of Living Resources.
International Safeguard Standards On Invasive Species
These international safeguard standards on biodiversity management apply a precautionary and ecosystem-centered approach to natural resource management.
They all avoid the introduction and spread of invasive species. To guide you, Kenya’s 2025 Wildlife Act has a national list of invasive species as shown in the illustration below.
International Safeguard Standards On Critically Endangered, Vulnerable, Near-Threatened, And Protected Species
Critically endangered, vulnerable, nearly threatened, and protected species are also protected under international safeguards standards.
They apply the mitigation hierarchy to avoid, minimize, or mitigate impacts on these species. Schedule six (6) of the Wildlife Act lists all critically endangered, vulnerable, near-threatened, and protected species in Kenya.
Additional Useful Information You May Find Useful
You may encounter these two issues when working and interacting with wildlife.
1) Bush Meat
When working in areas with wildlife presence, your staff may be tempted to consume wildlife.
Please note that the bush meat trade, sport hunting, and hunting for subsistence used is prohibited in Kenya (Eighth schedule part 1 (10, 11). So, guide your staff accordingly as they work on site.
2) Compensation Due To Death And Injury Of Humans, And Crop, Livestock, And Property Damage Caused By Wildlife
You MAY be compensated according to the compensation guidelines in the Act when the listed wildlife species cause death and injury to humans, and crop, livestock, and property damage.
See the image below.
EIA is a Powerful Conservation Tool
Development and conservation can coexist. To find a balance, we need safeguards such as EIA to protect wildlife resources while supporting development and economic growth.
This way, development decisions respect and consider wildlife, ecosystems, communities living with wildlife, and future generations.
Contact us today to speak to an EIA expert and get a free quote.
