Administrative Framework for EIA in Kenya

8/2/2019 Administrative Framework for EIA in Kenya

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ENVIRONMENTAL IMPACT ASSESSMENTAND AUDIT COURSE



Policy, Sectoral Laws and EMCA• Sectoral laws in Kenya did not provide for

institutional and legal framework for environmentalmanagement

• Relevant provisions provided for offences and verylenient penalties in case of environmental

degradation• NES established 1972 to coordinate national efforts

in environmental matters; it was a coordinating notan enforcement agency

• It liaised with international environmentalinstitutions to review existing environmentallegislation and suggest necessary changes to give

force of law to sectoral standards and procedures



…cont’d

• Need to enact necessary legislation toprovide for an appropriate legal and

institutional framework for themanagement of the environment

• EMCA enacted in 1999 and

commenced operation in January2000 but institutions put in placefrom 2002 and 2003



National Environment Council

• This is the body responsible for

policy formulation relating toenvironmental management in thecountry

• Mandate is set goals andobjectives and determine policies

and priorities for environmentalprotection



…cont’d • Also responsible for promotion of

cooperation among publicdepartments, local authorities, privatesector and NGOs

• Minister is Chair with members beingPS’s for agriculture, planning,education, energy, environment,finance, fisheries, foreign affairs,health, industry, works, research,technology, tourism and waterresources



…cont’d • Others are 2 representatives each from

public universities and specializedresearch institutions and NGOs appointedby the Minister

• 3 representatives from businesscommunity with one from oil marketingcompanies appointed by the minister, DGof NEMA, and others co-opted by the

Minister• Tenure is renewable term of 3 years with

meetings held at least four times a year



NEMA and BOARD• A body charged with general supervision and

coordination of all matters relating to the

environment, principal instrument of theGovernment in the implementation of all policiesrelating to the environment

Objectives are• Coordinate various environmental management

activities undertaken by lead agencies

• Promote integration of environmental considerationsinto development policies, plans, programs andprojects for sound environmental management



…cont’d

• Take stock of natural resources, theirutilization and conservation in Kenya

• Establish and review land use guidelines in

consultation with relevant lead agencies• Examine land use patterns

• Carry out surveys to assist in the proper

management and conservation of theenvironment, among others



NEMA Management Board• NEMA managed by a Board consisting of Chair

appointed by President, PS responsible for

matters relating to the Authority, DG appointedby the President, 3 directors who are officers ofthe Authority, seven members who are notpublic servants appointed by the minister inconsultation with the council and secretary tothe Board appointed by the Authority

• Term is renewable period of four years for all

the members and Board shall hold at least fourmeetings annually



…cont’d • Qualifications of all the members except

the PS and secretary to the Board ispostgraduate degree in environmental law,environmental science, natural resourcesor social science

• DG must have at least postgraduatedegree in Environmental law,environmental science, natural resourcemanagement or relevant social science

and at least fifteen years workingexperience in relevant field



…cont’d

• The DG is the CEO of NEMA responsiblefor the day to day management of the

Authority’s affairs

• He is assisted by several directors whoare responsible for various components

• Under the directors are deputy directorswho have various responsibilities



Public Complaints CommitteeThis is an independent body responsible for

• Investigating allegations or complaintsagainst any person or Authority in relationto the condition of the environment

• On its own motion to investigate anysuspected cases of environmentaldegradation

• Perform any other functions that may beassigned by the NEC



…cont’d • Comprises of Chair who is a person

qualified to be a high court judge andappointed by the Minister

• Others are the AG’s rep, LSK rep,

NGO rep (secretary), businesscommunity rep appointed by Minister

• two members appointed by Minister

for their active role in environmentalmanagement are also part of theteam



N ti l E i t T ib l



National Environment Tribunal

• Main function is to hear and

determine appeals arising frommatters of issue, revocation andconditions of licenses and the amount

of money to paid under the act• Purpose is to ensure persons

aggrieved by the administrative actsof NEMA have a forum to challengethose decisions



…cont’d • Tribunal composed of chair

nominated by the Judicial ServiceCommission from a person qualified

to be a High Court judge

• Others include an advocate

nominated by the LSK, a lawyer

qualified in environmental law andtwo persons with exemplary

competence in environmental

mana ement

’d



…cont’d

Powers of NET include

• Summoning any witnesses or call forproduction of documents

•

Take evidence on oath and administeroaths

• Confirm, set aside or vary the

decision of the authority



…cont’d • Exercise any powers which the

Authority would have exercised• Make any orders for securing

attendance of any witness• Make any order for costs

• Penalty for any specified offencesis KShs 350 000

i i i i i C i



Provincial and District Environment Committees

• Appointed by the Minister by gazette

notice in every province and district

• Chair is PC and secretary is PDE for

PEC whilst DC is chair and DEO issecretary for DEC

•

Other members as specified in the Act



…cont’d

• Functions include responsibility for

proper management of the

environment within the Province andDistrict, perform any such additional

functions as are prescribed in the Act

or as may be assigned by the Minister

by notice of the official gazette



Environmental Planning Committees

a. National Environment Action Plancommittee

b. Environmental Planning at

Provincial and District level (DEC& PEC)



The end

• Thank you for your attention!!!

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Administrative Framework for EIA in Kenya

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