What Kenya’s new law says about human-wildlife conflict compensation, poaching

What Kenya’s new law says about human-wildlife conflict compensation, poaching

Elephants walk at the Amboseli National Park in Kajiado County. REUTERS/File Photo

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Kenyans who suffer injury, death, or property loss from wildlife attacks are entitled to government compensation of up to Ksh.5 million, per the Wildlife Conservation and Management Act, 2025.

The new law signed by President William Ruto last week replaces the 2013 framework, establishing a two-tier compensation system for better handling of human–wildlife conflict cases, a long-time source of tension in regions bordering game reserves and national parks.

At the county level, a County Wildlife Compensation Committee will receive and verify claims for loss or damage caused by wildlife.

Victims or their families must file claims within 12 months of an injury or death, or within 30 days for crop, livestock, or property losses, the law states.

Each county committee will then submit verified recommendations to a Ministerial Wildlife Compensation Committee, which will decide whether to compensate, defer, or reject the claim.

The law caps compensation at Ksh.5 million for deaths, Ksh.3 million for injury with permanent disability, and Ksh.1 million for other injuries.

For property losses, such as crop or livestock destruction, compensation will depend on the extent of damage.

But claims will be rejected “if the victim property fails to take reasonable measures to protect such crops, livestock, or property from wildlife damage; or land use practices are inconsistent with the area's ecosystem-based management plan.”

The committees will also consider factors such as the victim’s age, productivity, and contribution to the incident.

“A person dissatisfied with the Ministerial Wildlife Conservation Committee's compensation award shall, within thirty days of receiving an award, lodge an appeal to the National Wildlife Tribunal,” the Act stipulates.

PENALTIES FOR WILDLIFE CRIMES

At the same time, the Act also stipulates penalties for poaching, illegal trade, and environmental destruction involving wildlife.

Among the key offences are the illegal trade in endangered species, for which anyone found guilty faces a fine of up to Ksh.100 million or 20 years in prison, or both.

Manufacturing or selling items from endangered species attracts a fine of up to Ksh.10 million or life imprisonment, or both, while sport hunting of protected animals can earn one a fine of up to Ksh.20 million or imprisonment.

“A person who hunts wildlife species other than those listed as endangered… for subsistence commits an offence and shall, on conviction, be liable to a fine of not exceeding thirty thousand shillings or an imprisonment of not exceeding six months or both,” the new law says.

Similarly, possessing or selling bushmeat without a permit attracts a fine of up to Ksh.2 million or three years in jail.

“No person shall purchase from another person any meat or eggs of any wildlife species,” the Act states, adding, “A person found in possession of meat or the carcass of a wild animal without a permit or an exemption granted under this Act commits an offence.”

Polluting wildlife habitats is also a punishable offence under the law, and offenders who discharge hazardous waste or pollutants into designated wildlife areas face a fine of up to Ksh.2 million or five years in jail, or both.

For illegal import or export of wildlife specimens or products, one faces a fine of up to Ksh.20 million or 10 years in jail for ordinary species; and up to Ksh.100 million or 20 years for endangered species.

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