By Clement Wasike
For days on end the case of the disappearance of Brian Odhiambo in Nakuru has caught the attention of Kenyans.
Any matter involving the disappearance of a human being easily becomes sensational attracting sadness especially among family and friends. I join Brian’s kin and kith in looking forward to his return in one piece.
As we ponder over the matter involving Brian Odiambo, I have wondered to what extent Kenyans have been illuminated on why wildlife conservation and park protection are critical undertakings.
Perhaps highlighting why so in a structured manner may get Kenyans to support our conservation efforts more and dissuade them from trespassing in protected areas.
As activists led by Hussein Khalid rally citizens to pour into the streets over the Brian Odhiambo sad matter, they should educate Kenyans to stay away from protected areas because there are laws that demand that the same be done.
The activists should muster the moral courage to point out why we all have roles to play in conservation and park protection. That said, in Kenya, wildlife accounts for 70% of the attractions that drive tourism to our country.
According to the 2024 tourism statistics, Kenya earned Ksh. 452.20 billion shillings up from Ksh. 377.20 in 2023, which translates to a 19.79% leap.
Recently, a report from Treasury indicated that tourism is Kenya’s best bet with regard to economic progress since other key sectors such as manufacturing are slow at taking off.
The foregoing should explain why conservation is crucial to Kenya’s economy and why we should guard our natural heritage and especially wildlife jealousy.
This state of affairs brings the question of the law on trespass into protected areas to the fore particularly in the context of the recent case of Brian Odhiambo in Nakuru.
Rising incidents of illegal entry, poaching, and human-wildlife conflicts have prompted authorities to enforce stricter trespass laws, sparking debates over conservation priorities, community rights and economic survival.
Under Kenya’s Wildlife Conservation and Management Act (2013), trespassing into national parks, reserves, or conservancies without authorisation is a criminal offense.
The law, designed to safeguard ecosystems and wildlife from human encroachment, imposes penalties of up to Ksh 1 million in fines or five years in prison for violators.
Additionally, the act criminalises activities such as poaching, logging, grazing livestock or unauthorised settlement within protected areas. Kenya Wildlife Service (KWS), the state agency mandated to enforce these laws, has recently intensified patrols and surveillance in hotspots like Tsavo, Maasai Mara, Nakuru National Park and Amboseli.
Despite the stringent laws, enforcement remains fraught with challenges. Communities bordering parks, particularly in arid regions, often argue that restricted access to grazing lands and water sources exacerbates poverty.
In counties like Laikipia and Samburu, clashes between herders and rangers have escalated, with locals mistakenly viewing the government as more invested in prioritising wildlife than caring about human welfare.
Poaching also persists as a critical issue. In 2022, KWS reported over 200 arrests related to illegal hunting, including high-profile cases involving rhinoceros horns and elephant tusks.
In September 2023, a Nairobi court sentenced three men to three years in prison for trespassing into Amboseli National Park to graze 500 cattle.
The ruling, hailed by conservationists as a deterrent, drew criticism from pastoralist advocates who called it “excessively punitive.”
Judges have increasingly emphasised the ecological cost of trespassing. In a landmark 2022 ruling, Magistrate Pauline Chesang noted, “The short-term gains from illegal activities cannot justify the irreversible harm to our natural heritage.”
To address root causes, the government through relevant agencies is working in in collaboration with NGOs in piloting new community-based conservation programmes.
The Parks Beyond Parks initiative, for example, partners with Maasai landowners to create wildlife corridors, allowing controlled grazing while protecting migratory routes.
Revenue-sharing models, where communities receive a percentage of park entry fees, have also been implemented in areas like Maasai Mara. Kenya is increasingly turning to technology to curb trespassing.
Drones, motion-sensor cameras, and GPS tracking collars for elephants have improved real-time monitoring in parks. In July 2023, the government, again, through relevant agencies, launched a pilot program using AI-powered analytics to predict and prevent illegal activities in Laikipia County.
Tourism stakeholders warn that unchecked trespassing could tarnish Kenya’s global image. The sector, which contributes 10% of GDP and employs over 1.6 million people, relies heavily on the allure of pristine wilderness.
As pressure mounts, lawmakers are reviewing the Wildlife Act to introduce graduated penalties for minor offenses and expand community compensation schemes.
A proposed amendment also seeks to involve county governments in park management, decentralising decision-making. Kenya’s trespass laws reflect a delicate balancing act where preserving natural treasures is undertaken with socioeconomic realities in view.
As climate change and population growth intensify our ability to innovate and collaborate will determine whether our parks will remain sanctuaries or become battlegrounds.
The case of Brian Odhiambo who was arrested among 10 others for trespassing into Nakuru National Park should be viewed in a bigger context that recognises and urges Kenyans to appreciate the role parks play in augmenting Kenya’s economy.
For now, the roar of the lion still echoes across the savannah—but its future hinges on Kenya’s commitment to harmonising human and ecological survival.
Wasike is a former banker turned social critic and political commentator.
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