High Court at Malindi has once again issued another order of injunction to stop the implementation of the newly-proposed Kenya Wildlife Service (KWS) fees at the coast.
The tourism and hospitality industry players at the Kenyan coast were forced to seek the court’s intervention after KWS reintroduced the new fees in what they say KWS packaged as the Wildlife Regulations, 2023.
This follows a case filed by the coastal tourism stakeholders on November 8, 2023, where they opposed the publication of the 2024 - 2025 Conservation Fees by KWS for failing to carry out proper public participation among other reasons.
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First injunction
On December 11, 2023, the High Court of Kenya issued a temporary injunction against KWS from implementing the conservation fees pending hearing and determination of the main petition and set down the petition for hearing on February 7, 2024.
On the same day, in defiance of the Court Order, KWS through the Ministry of Tourism and Wildlife, made minor tweaks to the Conservation Fees, whose implementation had been stopped by the Court and published them as a schedule to the Wildlife Conservation and Management (Access and Conservation) Regulations, 2023 (Wildlife Regulations, 2023) in a move calculated to circumvent the Court Order given on December 11, 2023.
On December 27, 2023, KWS issued a circular to its field office in Watamu directing them to implement the fees under the Wildlife Regulations, 2023 notwithstanding the court order, forcing the stakeholders to rush back to court on December 29, 2023 with a fresh application under certificate of urgency on which Hon. Lady Justice Mugure Thande issued afresh order of injunction to stop the implementation of the new fees contained in the Wildlife Regulations, 2023.
“It is hereby ordered that; the implementation of the Wildlife conservation and Management (Access and Conservation) (Fees) Regulations, 2023 gazetted on 11th December 2023 via Legal Notice No. 215 be and is hereby suspended pending the hearing and determination of this application and the respondent be and is hereby restrained from charging or demanding payment of the Conservation Fees prescribed under the said regulations until 7th February, 2024 to preserve the substratum of the application. Given under my hand and the seal of this honourable Court this 29th day of December, 2023,” Lady Justice Thande’s order reads.
According to the appellants, the fees published alongside the Wildlife Regulations, 2023 are but in the name the same as the Conservation Fees 2024-2025 and the actions of KWS are a clear display of impunity and disregard for the rule of law.
KWS’s attitude
They argue that many of the new Conservation Fees being proposed by KWS are too high and if implemented will make Kenyan Coast overly expensive and drive away tourists to other areas and countries which offer similar experiences but more affordably.
According to the stakeholders who are also complaining about what they call KWS’s attitude and disregard of the obligation to carry out public participation in coming up with Conservation Fees, already, some of the business owners have started closing their businesses in preparation to move to neighboring countries like Tanzania and Zanzibar.
They say that KWS have not differentiated between the marine and terrestrial parks and the impact of the new fees on the businesses and tourist experiences at the coast.
On its hand, KWS has stated in its court papers that it spends more than 90% of the revenue raised from park entries and other conversation activities in paying staff salaries and other recurrent expenditures hence the need to impose higher fees.
