President Uhuru Kenyatta has reappointed Peter Kinyua as the chairman of Kenya Forest Service for one year.
In a Gazette notice dated October 28, the president said he had made the appointment in the exercise of powers conferred to him by the Forest Conservation and Management Act, 2016.
Following the appointment, Environment CS Keriako Tobiko also renewed the term of other KFS board members. They are Peter Leitoro, Jane Njuguna, Joel Laigong, Peter Wandera and Jaswant Singh Rai.
They will serve for three years effective from October 28.
Kinyua was on March 29, 2018, in the spotlight of the National Assembly Environment committee after he revealed that his spouse was the one running The River Café, a luxurious facility inside Karura Forest that attracts high-end clients.
Kinyua, who had accompanied Environment CS Tobiko to the assembly to update the committee on the logging ban, was forced to lift the lid after MP Charles Were (Kasipul) asked him if he knew the owner of the hotel.
Members of the committee, including Hillary Kosgei (Kipkelion West), Charity Chepkwony (Njoro) and Sophia Noor (Ijara), pointed out that it was a clear case of conflict of interest. Those
The Environment committee had recommended that the former Kenya Forest Service chairman be investigated by the Ethics and Anti-Corruption Commission and barred from holding public office should he be found guilty of corruption.
This recommendation was part of a report that blamed poor governance, greed and inadequate capacity for plunder in the sector. The committee looked into rampant deforestation, degradation and encroachment on water towers and other catchment areas.
“Unmitigated human activities, including wanton timber harvesting, have continued to threaten and undermine Kenya’s capability to secure livelihoods for its population,” the 50-page document reads.
On matters of governance, the team said Kinyua violated laws and guiding principles such as the Mwongozo Code of Governance for State Corporations.
The report says Kinyua fired KFS officers in disregard for the Human Resource Manual, the State Corporations Act and the Forest Conservation and Management Act, 2016.
The Forest Conservation and Management Act says a person shall be qualified for appointment as chairperson to the board if such person holds a minimum of a bachelor’s degree from a university recognised in Kenya.
The appointee should also have knowledge and experience of at least 10 years in matters relating to the management of natural resources; forest conservation and management; or public administration and planning.
He or she must also satisfy the integrity requirements of Chapter Six of the Constitution.
Members of the board hold office for three years and are eligible for reappointment for a further three-year term.
The act says a person shall not be appointed if the person has been convicted of a criminal offence and imprisoned for a term exceeding six months without the option of a fine; is a member of a governing body of a political party; has previously been removed from public office for contravention of the provisions of the Constitution or any other written law.
One cannot be appointed if he or she is an undischarged bankrupt and violates the Constitution or any other written law. The appointment of the chairperson and members shall be by name and by notice in the Gazette.
The board has all the powers necessary for the proper performance of the functions of the Kenya Forest Service. In particular, the board shall have the power to invest any sums of money of the Service, among other functions.
