WATAMU, Kenya, Dec 29 – The tourism and hospitality industry players along the Kenyan coast have secured another injunction from the High Court against new fees the Kenya Wildlife Service (KWS) for the third time.
This legal action challenges KWS’ publication of the 2024 to 2025 Conservation Fees, citing a lack of proper public participation and other concerns.
On November 8, 2023, stakeholders in the tourism and hospitality sector filed High Court Constitutional case No. E007 of 2023, contesting the Conservation Fees published by KWS. They alleged that KWS had failed to conduct adequate public participation and cited other reasons for their challenge.
On December 11, 2023, the High Court in Malindi issued a temporary injunction, halting the implementation of the Conservation Fees for 2024 and 2025, pending the hearing and determination of the main petition. The court scheduled the main petition for hearing on February 7, 2024.
However, on the same day, KWS, through the Ministry of Tourism and Wildlife, made minor adjustments to the Conservation Fees. These fees, which had been halted by the court, were then published as a schedule to the Wildlife Conservation and Management (Access and Conservation) (Fees) Regulations, 2023 (Wildlife Regulations, 2023). This move appeared to be an attempt to circumvent the court order issued on December 11, 2023.
Despite the court order, KWS issued a circular to its field office in Watamu on December 27, 2023, instructing them to implement the fees under the Wildlife Regulations, 2023. This prompted the stakeholders to return to court on December 29, 2023, with a fresh application under a certificate of urgency.
Lady Justice Mugure Thande has now issued another order of injunction to prevent the implementation of the new fees contained in the Wildlife Regulations, 2023.
Stakeholders have expressed concerns about KWS’s attitude and disregard for its obligation to conduct public participation when setting Conservation Fees. They also raised issues related to the impact of the new fees on businesses and the tourist experience at the Kenyan Coast.
Many of the proposed Conservation Fees are considered too high, potentially making the Kenyan Coast unaffordable for tourists. This could lead to tourists seeking alternative destinations in other countries. Some business owners have already begun closing their establishments in preparation to relocate to neighboring countries such as Tanzania and Zanzibar.
KWS argues in court documents that it spends more than 90% of the revenue generated from park entries and conservation activities on staff salaries and other recurring expenses. This, they claim, necessitates the imposition of higher fees.
