Wildlife (Conservation and Management) (National Parks) Regulations (Cap. 376)

Wildlife (Conservation and CAP. 376 Management) 56 [Rev. 2009 [Subsidiary] Regulations under section 16 THE WILDLIFE (CONSERVATION AND MANAGEMENT) (NATIONAL PARKS) REGULATIONS 1. These Regulations may be cited as the Wildlife (Conservation and Management) (National Parks) Regulations. 2. In these Regulations, unless the context otherwise requires— “National Park” means both National Parks as defined in the Act and the Marsabit and Shimba Hills National Reserves and where specified, Marine National Parks and Marine National Reserves; “prescribed fee” means a fee for entry into a National Park or a Marine National Park/Reserve as provided in Parts II to IV, both inclusive, in the Schedule; “private motor vehicle” means any motor vehicle other than a motor vehicle licensed as a public service vehicle within the meaning of the Traffic Act; “road” means the actual driving surface of any maintained road, or demarcated route for four-wheeled traffic, and includes prescribed bridges, crossings or drifts in a National Park; “special car pass” means a pass to enter any National Park granted to the owner of any motor vehicle specified in such pass upon payment of the fee prescribed in Part IV of the Schedule; “stopping-place” means any area, place or road which has been demarcated by the Director’s authority as such, by the erection or placing of a notice, sign or mark, as a place at or in which any person may stop, subject to such conditions as may be imposed by the Director. L.N. 219/ 1976, L.N. 193/ 1981, L.N. 16/ 1982, L.N. 29/ 1984, L.N. 205/ 1984, L.N. 369/ 1987, L.N. 62/ 1990, L.N. 507/ 1990, L.N. 213/ 1991, L.N. 509/ 1991, L.N. 419/ 1992, L.N. 103/ 1993, L.N. 409/ 1993, L.N. 37/ 1994, L.N. 181/ 1995, L.N. 9/ 1996, L.N. 49/ 1997, L.N. 9/ 2003, L.N. 149/ 2003, L.N. 42/ 2006. Citation. Interpretation. Cap. 403. Wildlife (Conservation and Management) CAP. 376 57Rev. 2009] [Subsidiary] 3. (1) No person shall, except with the permission of the Director or an officer of the Service of the rank above the rank of Assistant Warden or an agent of the Director duly authorised in that behalf enter a National Park unless he has paid the prescribed fee or is one of the permitted occupants of a vehicle in respect of which a special car pass is in force. (1A) There shall be two categories of fees for entry into a National Park, one for citizens of Kenya and the other for non-citizens of Kenya, as specified in the Schedule. and for the purposes of these Regulations a resident non-citizen excludes one holding a visitor’s pass under the Immigration Act. (1B) An application for a special car pass shall be accompanied by two passport-size photographs of the applicant and the application shall specify the applicant’s nationality, residence status in Kenya and passport number or national identity card number. (2) The Director or any officer of the Service or an agent of the Director duly authorised in that behalf, may refuse permission to any person to enter or be within a National Park if in his opinion the presence of such person in the National Park would be detrimental to the proper management and control of the National Park and any such person, may, if found within the National Park, be ordered to leave the National Park. (3) In this regulation, “permitted occupant” means one of the persons entitled under the terms of a special car pass to enter a National Park in the car in respect of which any such pass is issued and is in force. 4. (1) The Director or any officer of the Service or an agent of the Director duly authorised in that behalf in writing may, for such periods or at such times as he may consider fit for the protection of animal or vegetable life, or for the safety of the public, or for the protection of a road, or for climatic reasons, or for any other reason do either of the following (a) close to the public any portion of a National Park or any road or part of a road within a National Park; or (b) close to any class of people or kind of traffic, any portion of a National Park, or any road or part of a road within a National Park. (2) For the purposes of these Regulations, any portion of a National Park, or any road or part of a road, whereon by authority of the Director there has been placed a notice, a sign, a mark, a fence, a gate or a barricade indicating that it has been closed either to the public or to any class of people or kind of traffic, shall be deemed to be closed. 5. (1) Except with the special permission of the Director or an officer of the Service duly authorised, no person shall— (a) enter or leave any National Park elsewhere than at a place approved by the Director as an entrance or exit; or Entry to National Parks. Cap. 172. Closure of National Parks Prohibited acts. Wildlife (Conservation and CAP. 376 Management) 58 [Rev. 2009 [Subsidiary] (b) be within any National Park unless he is in a stopping place, or unless he is in a motor vehicle designed to travel on not less than four wheels; or (c) be within any National Park or any portion thereof between the hours of 7.15 p.m. and 6 a.m.; or (d) drive, or cause to be driven, a motor vehicle at a speed greater than 40 km. an hour; or (e) cause a vehicle to be stopped on any road in such a manner as to obstruct or impede the passage of any other vehicles; or (f) drive or cause to be driven, a motor vehicle than on open and maintained roads; or (g) alight from or get out of, or stand up in/on a motor vehicle, except in a stopping place; or (h) display any notice or advertisement within a National Park, or on any boundary of a National Park; or (i) collect any money from members of the public, or sell any goods, or offer any goods for sale, or purchase any goods or carry on any trade, within a National Park. 6. Except with the special permission of the Director or an officer of the Service, or of a duly authorised agent of the Director, no person, while within any National Park shall— (a) discard any refuse or litter; or (b) in any other way disfigure the National Park or part thereof; or (c) unnecessary cause or make any noise or do any act which is likely to disturb or annoy any other person. 7. Except with the special permission of the Director or an officer of the Service duly authorised or an agent of the Director, no person shall make use of or wear any badge, uniform or emblem authorized to be worn by officers of the Service or agent of the Director. 8. Except with the special permission of the Director, no person shall— (a) entice, or cause to be enticed, any animal out of a National Park; or (b) intentionally discharge any weapon; or (c) release any appliance, so that a projectile therefrom passes over Nuisances. Service badges, uniforms, etc., not to be worn. Enticement of animals and use of weapons. Wildlife (Conservation and Management) CAP. 376 59Rev. 2009] [Subsidiary]any portion of, or falls, within a National Park. 9. Any person who contravenes any of the provisions of these Regulations (including regulation 5) or of any lawful order or directive given thereunder by the Director or by an officer of the Service shall be guilty of an offence and liable to a fine not exceeding two thousand shillings or to imprisonment for a term not exceeding two months, or to both. SCHEDULE PART I PASSES 1. There shall be in use in the National Parks the following authorized passes— (a) a duty pass which shall be in form 1. (b) a special pass which shall be in form 2. (c) an authorised officer’s pass which shall be in form 3. FORM 1 DUTY PASS No. ………………. THE WILDLIFE (CONSERVATION AND MANAGEMENT) ACT The bearer of this pass ………………………..……………………………… of …………………………………………………………….is authorized to enter …………………………………………...……………National Park/Reserve from………………………………. to……………..……………………… in the course of official duty. Date of issue …………………………… Date of expiry..…………………... PHOTOGRAPH OF THE HOLDER ……………………………… Director THIS PASS IS VALID FOR THE HOLDER ONLY Penalties. Wildlife (Conservation and CAP. 376 Management) 60 [Rev. 2009 [Subsidiary] FORM 2 repuBlIC of Kenya THE WILDLIFE (CONSERVATION AND MANAGEMENT) ACT SPECIAL PASS No. Name ……….........……….......……. PHOTOGRAPH OF THE HOLDER ...............…..........…….......... ..................….......…….......... Address …..........…………......…….. ..............…..........…….......... ..................….......……......... Date of Issue …......…………......……. Date of Expiry …………..........…… ………………………….... Signature of Pass Holder ….......…………………………… Director DIRECTOR’S INSTRUCTIONS The officer in charge of any gate into any National Park/Reserve is instructed that the holder, and any person (s) accompanying him/her, is to be granted all courtesies, and all entries and exits made into or out of any National Park/Reserve by the pass holder shall be recorded in the pass. natIonal parK or reserve date of entry numBer of passengers date of eXIt offICer’s InItIals Wildlife (Conservation and Management) CAP. 376 61Rev. 2009] [Subsidiary] REPUBLIC OF KENYA FORM 3 AUTHORISED OFFICERS PASS No. ………............................…………… THE WILDLIFE (CONSERVATION AND MANAGEMENT) ACT The holder of this card ………………………………………………......…… …………………………………………....................................……………… ………………………………….....................................…has been appointed an…………………………………………..................………………………. ……………………………………………………………………………….... of the Kenya National Parks/Reserves and has been granted powers of arrest and search specified in section 49 of Wildlife (Conservation and Management) Act. Date of issue…………..…................. Date of expiry………………………. PHOTOGRAPH OF THE HOLDER ……………....………….. Director Note:—This pass must be returned to the Director on withdrawal of authority or soon after the date of expiry. part II—fees for vehICles, Boats and aIrCrafts 1. Fees for Public Service Vehicles stationed in national parks and operating from hotels and lodges, camps and other places within the parks: Annual Entry Fee KSh. (a) For any vehicle with seating accommodation for not more than five passengers and commercial vehicles of less than two tonnes 30,000 (b) For any vehicle with seating accommodation for more than five but less than thirteen passengers and commercial vehicles more than two tonnes but not more than five tonnes 50,000 L.N. 42/2006. Wildlife (Conservation and CAP. 376 Management) 62 [Rev. 2009 [Subsidiary] (c) For any vehicle with seating accommodation for thirteen or more passengers and commercial vehicles of more than five tonnes 100,000 (d) For delivery vehicles (per entry) 500 2. Annual fees for commercial tourist boats stationed in marine reserves or operating from hotels and lodges, camps and other places within the parks and reserves 15,000 3. Fees for annual passes for private non commercial boats to enter national parks and marine national parks and marine reserves 5,000 4. Fees for single entries of boats to national parks and marine reserves 300 5. Fees for single entries to national parks by vehicles and aircrafts– Per Entry KSh. (a) For any motor vehicle with seating accommodation for not more than five passengers per day 300 (b) For any motor vehicle with seating accommodation for more than five but less than thirteen passengers 800 (c) For any motor vehicle with seating accommodation for more than twelve but less than twenty-five passengers 1,500 (d) For any motor vehicle with seating accommodation for more than twenty-four but less than forty-five passengers 3,000 Annual Entry Fee KSh. (e) For any motor vehicle with seating accommodation for forty-five or more passengers 5,000 (f) For gliders and microlights 200 (g) For trucks— 1–3 tonnes 500 4–7 tonnes 2,000 Wildlife (Conservation and Management) CAP. 376 63Rev. 2009] [Subsidiary]more than 7 tonnes 3,000 (h) For any aircraft with seating accommodation for not more than two passengers (less than 3) 300 (i) For any aircraft with seating accommodation for more than two but less than seven passengers (3–6) 500 (j) For any aircraft with seating accommodation for more than seven but less than fourteen passengers (7–14) 1,000 (k) For any aircraft with seating accommodation for more than fifteen but less than twenty passengers (15–20) 2,000 (l) For any aircraft with seating accommodation for twenty-one or more passengers (21 and above) 3,000 part III—fees for entry Into natIonal parKs 1. Daily fees for entry into a national park (a) for any person aged 18 years and above Kenyan Residents Non-Residents Citizens KSh. KSh. US$ Category “A” parks 200 1,000 40 Category “B” parks 100 500 20 Category “C” parks 100 300 10 Category “D” parks and reserves 100 300 10 Mt. Kenya 200 500 20 (b) for child aged 3 years and above but below 18 years Category “A” parks 100 500 20 Category “B” parks 50 250 10 Category “C” parks 50 150 5 Category “D” parks and reserves 50 150 5 Mt. Kenya 100 200 8 L.N. 42/2006. Wildlife (Conservation and CAP. 376 Management) 64 [Rev. 2009 [Subsidiary] (c) for students (residents/non-residents) aged below twenty-three years and must have 2 weeks prior approval of Kenya Wildlife Service and on production of a recognised valid students pass or identity card.Individual students without arrangements from their institutions will not enjoy the concession rate: Category “A” parks 50 100 10 Category “B” parks 50 100 10 Category “C” parks 50 100 10 Category “D” parks and reserves 50 100 5 Mt. Kenya 50 100 8 2. Fees for annual passes for persons and their private motor vehicles or boats with seating accommodation not exceeding thirteen passengers to enter any national park or marine national park or reserve shall be as follows: Annual Entry Fee KSh. (a) For any persons aged 18 years and above and personalised 7,000 (b) Tour driver personalised 6,000 (c) Service crew 5,000 (d) Corporate pass 36,000 (e) For any child aged 3 years but below 18 years 7,500 (f) Marine parks and reserves adult personalised 5,000 (g) Marine parks and reserves child (3–18) and personalised 2,500 (h) For replacement of smartcard 1,000 3. Mountaineering fees for any person to climb Mt. Kenya (fixed rate first 3 days minimum)— Kenyan Citizens Non-residents Residents KSh. US$ KSh. (a) for persons aged 18 years and above 1,000 2,000 50 (b) for any child aged 3 years but below 18 years 400 1,200 50 Wildlife (Conservation and Management) CAP. 376 65Rev. 2009] [Subsidiary] (c) for any member of an organised group of at least 10 (with 2 weeks prior approval of Kenya Wildlife Service) or group of 10 students aged below 23 years on production of a valid student pass or identity cards 400 600 40 *Any additional days will be charged at daily rates. 4. Daily fees for entry into a marine National park or reserve— Kenyan Citizens Non-residents Residents KSh. US$ KSh. (a) for any person aged 18 years and above 100 10 300 (b) for any child aged 3 years but below 18 years 50 5 150 (c) for any member of an organised group of a least 10 (with 2 weeks prior approval of Kenya Wildlife Service) or students aged below 23 years on production of a recognised valid cards 50 5 100 part Iv—fees for naIroBI anImal orphanage, naIroBI safarI WalK and Impala sanCtuary Daily fees for entry into the Nairobi Animal Orphanage, Nairobi Safari Walk and Impala Sanctuary: Residents KSh. Non-residents US$ Citizens Ksh. (a) for every child aged 3 years and above but below 18 years 150 5 50 (b) for any person aged 18 years and above 300 10 100 (c) for any member of any organised group (with 2 weeks prior approval of Kenya Wildlife Service) or student aged below 23 years on production of a valid student’spass or identity card 50 5 20 Wildlife (Conservation and CAP. 376 Management) 66 [Rev. 2009 [Subsidiary] part v—fees for araBuKo soKoKe forest, KaKamega forest, shImBa hIlls reserve, tana rIver prImate and ndere Island and all other parKs Residents Non-residents Citizens KSh. US$ KSh. (a) For any person aged 18 years and above 500 20 100 (b) For any child aged 3 years and above but below 18 years 250 10 50 (c) For any member of an organised group (with 2 weeks prior approval of Kenya Wildlife Service) or students aged below 23 years on production of valid student’s pass or identity card 200 5 50 part vI—fees for CampIng and aCCommodatIon Residents Non-residents Citizens KSh. US$ KSh. 1. (a) For any person aged 18 years and above in a public camp site in categories “A” parks and reserves (per night) 300 10 150 (b) For any person aged 18 years and above in a public camp site in category “B”, “C”, “D” or “Other” parks and reserves (per night) 150 5 150 (c) For any person aged 18 years and above in a special camp site (per night) Category “A” 500 25 150 Category “B”, “C”, “D”, “Other” 300 15 150 (d) For any member of an organised group of at least 10 in a public or special camp (with 2 weeks prior approval of Kenya Wildlife Service) students or child aged below 3 years and above but below 18 years in all categories of parks and reserves (per night) 100 5 50 L.N. 42 / 2006. L.N. 42 / 2006. Wildlife (Conservation and Management) CAP. 376 67Rev. 2009] [Subsidiary] 2. Accommodation fees per night for organised groups (with prior approval of Kenya Wildlife Service) for persons staying in a “field study center” established in a national park— Residents/Citizen Non-Residents KSh. US$ (a) For any student on production of a valid student’s pass or identity card 100 5 (b) For any non student 250 10 3. There shall be payable a non-refundable reservation fee in respect of all “designated special camp sites” at the following rates: (a) Designated special camp site reservation fee per week or part thereof shall be seven thousand five hundred Kenya Shillings. (b) Guided foot or horse safaris per person per day shall be one thousand shillings and five hundred shillings per half-day (4 hours) whether the person is alone or in a group, in addition to the park entry fees. (c) Cancellation fee for special camp sites/all reserved sites is seven thousand five hundred Kenya Shillings. 4. For the purposes of these Regulations, a “daily fee” is a fee for one day (twenty-four hours or part thereof) of continuous stay within a specified national park. 5. “Student” is hereby defined as an individual from a recognised tertiary institution visiting the parks for purposes of learning about conservation through documented and organised arrangement with that institution. This excludes students on personally arranged holidays. SMARTCARD REPLACEMENT FEE Card replacement fee (per card) KSh. 1,000 part vII—servICes and speCIal aCtIvIty Half day (KSh.) Full day (KSh.) Security service per section of ten men per day N/A 75,000 Public site reservation Category “A” 75,000 Public site reservation Category “B” 37,500 L.N. 42 / 2006. Wildlife (Conservation and CAP. 376 Management) 68 [Rev. 2009 [Subsidiary] Vehicle recovery inside park N/A 7,500 Special Activity: Duration Rate (KShs) Rate (US$) Night Game Drive per person per trip 1,200 15 Lake Boating per hour 1,000 15 Guided tours, per guide per 4 hours 1,500 20 Guided tours, per guide over 4 hours 2,500 30 River rafting per trip 1,200 15 Walking safaris per 4 hours 1,200 15 For the purposes of these Regulations, National Parks shall be categorized as follows: Category “A” Aberdares National Park Amboseli National Park Lake Nakuru National Park Tsavo East National Park Tsavo West National Park Meru National Park Nairobi National Park Category “B” Shimba Hills National Reserve Arabuko Sokoke Forest Reserve Ndere Island Tana Primate Reserve Kakamega Forest All other Parks and Reserves Category “C” All Marine Parks and Reserves Category “D” Nairobi Safari Walk Animal Orphanage Impala Sanctuary “Special” . Wildlife (Conservation and Management) CAP. 376 69Rev. 2009] [Subsidiary] Mt. Kenya For the purposes of these Regulations, East African citizens will be charged like Kenyan citizens in all parks and reserves managed by Kenya Wildlife Service. National Reserves declared under section 18 (1) The Dadori National Reserve. Mpunguti Marine National Reserve. South Kitui (Thua) National Reserve. North Kitui National Reserve. Bisanadi National Reserve. South Turkana National Reserve. Kiunga Marine National Reserve. Nalosot National Reserve. Kerio Valley National Reserve. Kamnarok National Reserve. Buffallo Springs National Reserve. Kakamega National Reserve. Samburu National Reserve. Mombasa Marine National Reserve. Laikipia National Reserve. Diani Chale Marine National Reserve. Declaration of closed seasons under section 38 No game bird specified in the first column of the Schedule shall be hunted and shot during the periods specified in the second column of the Schedule. SCHEDULE Game Birds Period Guinea fowls, francolins, partridges, 1st April to 30th June and L.N. 75/ 1976, L.N. 91/ 1978, L.N. 186/ 1979, L.N. 187/ 1979, L.N. 261/ 1979, L.N. 290 / 1979, L.N. 291/ 1979, L.N. 300/ 1979, L.N. 13/1983, L.N. 101/ 1983, L.N. 95 / 1985, L.N. 188 / 1985, L.N. 189 / 1985, L.N. 49 / 1986, L.N. 316 /1986, L.N. 526 / 1991, L.N. 196 / 1995. L.N. 141/ 2003.