TECHNICAL UNIVERSITY OF KENYA

Faculty of Engineering Sciences and Technology

BACHELOR OF THE BUILT ENVIRONMENT IN CONSTRUCTION
MANAGEMENT

UNIT
CONSTRUCTION AND THE ENVIRONMENT

NAME: KENNETH MURIUKI KIMATHI

REG NO: EACR/00689/2016

QUESTION: STUDY AND DOCUMENT THE CONCEPTUALIZATION,

FORMULATION AND IMPLEMENTATION OF ENVIRONMENTAL
MANAGEMENT AND CORDINATION ACT (EMCA) OF 2003

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 TABLE OF CONTENTS

Contents
ABSTRACT ................................................................................................................................................. 3
INTRODUCTION....................................................................................................................................... 4
The Environmental (Impact Assessment & Audit) Regulations of 2003 ........................................... 4
Definition of EIA and its Importance .................................................................................................... 5
The purpose of EIA is to: ....................................................................................................................... 5
Immediate objectives of EIA:................................................................................................................. 6
Long term objectives of EIA: ................................................................................................................. 6
Specific benefits may include: ................................................................................................................ 7
Requirements of Environmental (Impact Assessment & Audit) Regulations of 2003 .................... 10
Role of public participation in EIA’s .................................................................................................. 11
EIA serves the following purposes: ..................................................................................................... 12
Role of EMCA in Environment Management in Kenya........................................................................ 13
Weaknesses: ........................................................................................................................................... 16
CONCLUSION ......................................................................................................................................... 20
RECOMMENDATIONS .......................................................................................................................... 20
REFERENCES .......................................................................................................................................... 22

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ABSTRACT
Environmental Management and Coordination Act is a legal framework that seeks to enforce
environmental conservation and management practices. The enactment recognizes the need to
protect the future, for the sake of the generations to come. Furthermore, EMCA (2003)
constitutes the Environmental Impact Assessment, which serves to achieve sustainability in the
country through the enforcement of appropriate environmental protection practices.
The report serves to create an understanding of the environmental impact assessment, through
clearly defining the enactment, outlining of the purpose as well short- and long-term objectives.
Additionally, the report in outlining the formulation, discusses the requirements of
Environmental (Impact Assessment & Audit) Regulations of 2003. The purposes of the
Environmental Impact Assessment are also outlined and further discussed.

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INTRODUCTION
There are various legal frameworks designed to control and ensure the protection of the
environment in various nationalities. Without a comprehensive legal and policy documentation,
it becomes difficult to adequately coordinate and manage the environment from the various
sectors of the environment, which arguably, are in direct contact with the environment. EMCA,
2003, is one of the legal frameworks in Kenya that seeks to ensure that the environment is
adequately preserved, through the enforcement agency, NEMA. This paper clearly outlines the
conceptualization, formulation and the implementation of the environmental Management and
Coordination Act of 2003.

Conceptualization: The Environmental (Impact Assessment & Audit)

Regulations of 2003
The Environmental (Impact Assessment and Audit) Regulations (EIAAR) of 2003 were made in
accordance with Section 147 of EMCA that empowers the Minister for Environment to make
regulations that enable EMCA to be fully effected (Republic of Kenya, 2003, p171). The
Regulations are divided into 6 parts, which include the Preliminary; the Project Report; the
Environmental Impact Assessment Study; the Environmental Impact Assessment Study Report;
Environmental Audit and Monitoring; and Miscellaneous Provisions. Five Schedules are also
included at the end of the Regulations (Republic of Kenya, 2003, p261-297)
Environmental Impact Assessment Specific information on Environmental Impact Assessment
(EIA) is presented in Part VI of the Act (EMCA),
These include: Application for an Environmental Impact Assessment License; Publication of
Environmental Impact Assessment; Comments on Environmental Impact Assessment report by
Lead Agencies; Technical Advisory Committee on Environmental Impact Assessment;
Environmental Impact license.
There is a growing concern in Kenya and at global level that many forms of development
activities cause damage to the environment. This has been aggravated by lack of awareness and
inadequate information amongst the public on the consequences of their interaction with the
environment. In addition there is limited local communities’ involvement in participatory
planning and management of the environment and natural resources.

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Recognizing the importance of natural resources and the environment in general, the Kenyan
Government has put in place wide range of policy, institutional and legislative framework to
address the major
Causes of environmental degradation and negative impacts on ecosystems emanating from
industrial and economic development programmes. It is now accepted that development projects
must be economically viable, socially acceptable and environmentally sound. It is a condition of
the Kenya Government to conduct Environmental Impact Assessment on development Projects.
EIA assesses the impacts of a proposed project before commencement of implementation. In
addition to helping formulate proper development policy, EIA provides for public participation
in the decision making process in respect of a given proposed project.

Definition of EIA and its Importance

Environmental Impact Assessment (EIA) is a policy and management tool for both planning and
decision-making. It is a systematic process that assists to identify predict and evaluate the
foreseeable environmental consequences of proposed development projects, plans and policies.
The process is applied prior to major decisions and commitments being done. The outcome of an
EIA study assists the decision maker and the general public to determine whether a project
should be implemented and in what form. EIA involves description and quantification of impacts
of given policy options. However, it does not require full information about costs and benefits;
impacts are not expressed in monetary terms. The onus of decision-making is left with policy
makers to weigh different impacts against each other.

 EIA is a very important aid to CBA.

 EIAis not restricted to or biased to the examination and mitigation of negative impacts
alone.
 EIA can also look into the possible positive issues due to the developmental projects and
explore or suggest ways of enhancing them further by carrying out modifications in the
project.
The purpose of EIA is to:
 Provide information for decision making on the environmental consequences of proposed
actions; and

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  Promote environmentally sound and sustainable development through the identification
of appropriate enhancement and mitigation measures
 Reducing the burden of environmental impacts is necessary if development is to become
sustainable. The role of EIA is formally recognized in Principle 17 of the Rio Declaration
on Environment and Development:
“Environmental Impact Assessment as a national instrument shall be undertaken for proposed
activities that are likely to have a significant adverse impact on the environment and are subject
to a decision of a competent national authority”
In practice, EIA is applied to prevent or minimize the adverse effects of major development
proposals.
The immediate aim of EIA is to inform the process of decision making by identifying the
potentially significant environmental effects and risks of development proposals.
The ultimate or long term aim of EIA is to promote sustainable development by ensuring that
development proposals do not undermine critical resource and ecological function or the well
being, lifestyle and livelihood of the communities and people who depend on them.

Immediate objectives of EIA:

 improve the environmental design of the proposal
 ensure that resources are used appropriately and efficiently;
 identify appropriate measures for mitigating the potential impacts of the proposal;
 facilitate informed decision making including setting the environmental terms and
conditions for implementing the proposal

Long term objectives of EIA:

 protect human health and safety
 avoid irreversible changes and serious damage to the environment
 safeguard valued resources, natural areas and ecosystem components and
 enhance the social aspects of the proposal

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The benefits of EIA can be direct, such as the improved design or location of a project, or
indirect such as better quality EIA work or raised environmental awareness of the personnel
involved in the project.

Specific benefits may include:

 Better environmental planning and design of a proposal
 Carrying out an EIA entails an analysis of alternatives in the design and location of
projects. This can result in the selection of an improved technology which lowers waste
outputs or an environmentally optimum location for a project. A well designed project
can minimize risks and impacts on the environment and people and thereby avoid
associated costs of remedial treatment or compensation for damage

 Ensuring compliance with environmental standards compliance with environmental

standards reduces damage to the environment and disruption to communities.
 It also avoids the likelihood of penalties, fines and loss of trust and credibility
 Savings in capital and operating costs
 EIA can avoid the undue costs of unanticipated impacts. These can escalate if
environmental problems have not been considered from the start of proposal design and
require rectification later
 Reduced time and costs of approval of development applications: if all environmental
concerns have been taken into account properly before submission for project approval,
then it is unlikely that delays will occur as a result of decision makers asking for
additional information or alterations to mitigation measures
 Increased project acceptance by the public -this is achieved by an open and transparent
 EIA process with provision of opportunities for public involvement that are most directly
affected by and interested in the proposal

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 The EIA process in Kenya

To commence the EIA procedure, the proponent of a project is required to submit an EIA Project
Report outlining the required information, together with a prescribed fee to NEMA (Republic of
Kenya, 2000, pp108-110). NEMA then screens the project report to determine its adequacy in
representing environmental issues anticipated from the proposed project. If it is determined that
further EIA study is required, the proponent prepares a scoping report highlighting anticipated
environmental and social issues, as well as Terms of Reference (ToRs) to guide the subsequent
EIA study. Following this, the proponent undertakes, at their own expense, an Environmental
Impact Assessment study, and prepares another report (EIA Study Report) for submission to
NEMA, together with a prescribed fee. EIA studies and reports are conducted and prepared
(respectively) by individual experts or a firm of experts authorized by the Authority. A register
of approved experts/firms is maintained by the Authority, and available for public inspection on
the payment of a prescribed fee (Republic of Kenya, 2000, p109).

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If on the other hand, following the screening procedure, NEMA determines that the Project
Report adequately represents environmental issues anticipated from the proposed project, an
Environmental Impact License is issued with terms and conditions that encourage sustainable
development and sound environmental management.

Upon receipt of an EIA study report, the Authority instructs the proponent to publish a notice in
the Kenya Gazette and national newspaper for two weeks containing a summary description of
the project; place where the project is to be carried out; place where the environmental impact
assessment study, evaluation or review report may be inspected; and a time limit not exceeding
60 days for submission of oral or written comments. This constitutes public disclosure of the EIA
study report and the proposed development project (Republic of Kenya, 2000, p110). Figure 1
presents this stage as ‘EIA study report’.
NEMA thereafter requests lead agencies to submit written comments on an EIA study within
thirty days from the date of the written request. Figure 1 above presents this stage as ‘public
participation’ and ‘review of EIA study report’. The 30 days mentioned above is included within
the total 60 days set aside for public disclosure of the EIA study report. A Technical Advisory
Committee on EIA may be additionally set up by NEMA to advise on EIA reports. The Director-
Proper management of the environment, both in the short-and long-term, is a key part of
sustainable urban development.
Yet often little attention is paid to how environmental regulations work in practice and what can
be done to strengthen them especially in lower-income countries.
In such countries environmental regulation is often seen as secondary to other concerns such as
economic growth. Yet poor environmental regulation can lead to serious costs in terms of
growth, human health and erosion of the natural resource base. This issue is of particular concern
in Africa, which is rapidly urbanizing and building infrastructure in an attempt to accommodate
rapid urban growth.

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 Formulation
Requirements of Environmental (Impact Assessment & Audit) Regulations of 2003
This requires for all construction projects that a project report is prepared indicating the
following
 the nature of the project;
 the location of the project including the physical area that may be affected by the
project’s activities;
 the activities that shall be undertaken during the project construction, operation and
decommissioning phases;
 the design of the project;
 the materials to be used, products and by-products, including waste to be generated by the
project and the methods of their disposal;
 the potential environmental impacts of the project and the mitigation measures to be
taken during and after implementation of the project;
 an action plan for the prevention and management of possible accidents during the
project cycle; a plan to ensure the health and safety of the workers and neighbouring
communities;
 the economic and socio-cultural impacts to the local community and the nation in
general;
 the project budget;
 any other information the Authority may require.

Kenya’s legal and institutional framework is fairly robust and addresses many of the most
important challenges facing environmental management in a modern state. The current
legislation is quite comprehensive, although the lack of air quality regulations is one gap
National Environmental Management Authority (NEMA), along with other lead agencies like the
Kenya Wildlife Service, Kenya Parks Service, or the Water Regulation Management Authority,
have the legislative tools they need to adequately protect and conserve the environment of
Kenya, ensuring a clean and healthy environment for all citizens

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Nevertheless, a clean and healthy environment has not been secured for all Kenyans. The biggest
obstacles to this realization lay in the implementation and enforcement of existing laws and a
lack of cooperation between ministries within the Government of Kenya (GoK)
.
Kenya’s current environmental regulatory regime originates from Parliament’s passage of the
Environmental Management and Co-ordination Act (EMCA) before the passage of
EMCA, which aims to address the whole gamut of environmental regulatory issues facing a
modern state, Kenya lacked comprehensive environmental regulation legislation. The EMCA
expansive, but its most important contribution to the governance of environmental regulations is
the creation of the National Environmental Management Authority (NEMA)

NEMA is charged with enforcing EMCA’s provisions as well as the subsidiary legislation that
has been passed over the last decade. The subsidiary legislation includes water quality, waste
management, controlled substances, biodiversity, wetland, river and seashore, and environmental
impact assessment (EIA) regulations. Most of the provisions contained in EMCA, as well as the
subsidiary legislation, are intended to provide regulations for the usage and type of allowable
activity in the different ecosystems and habitats of Kenya. Thus, NEMA’s main task is to review
and grant licenses to proponents that plan to change land-use. To complete this task, EMCA
grants NEMA the power to compel any authority or ministry to comply with existing
environmental regulations. NEMA’s average annual budget is about 560 million KSh
(approximately $6.6 million)

Role of public participation in EIA’s

Disseminate and inform the stakeholders about the project with special reference to its key
components, location and expected impacts.
Create awareness among the public on the need for the EIA for the development and encourage
due process.
Gather comments, concerns and suggestions of the interested and affected parties.

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Ensure that the concerns of the stakeholders were known to the decision making bodies and the
developer at an early phase of project development planning.
Establish a communication channel between the general public and the team of consultants, the
project developer and the Government.
Incorporate the information collected in the study by EIA specialists

EIA serves the following purposes:

i) Integration of environmental issues into planning and decision making processes;
ii) Anticipation, minimization and mitigation of environmental damage and
recommendation of alternatives;
iii) Public participation in decision making and environmental conservation. The steps
included in and EIA are contained in the Environmental of the Environmental
Management and Coordination Act No. 8 of 1999 (EMCA) at Sections 58 and 138
and the Environmental (Impact Assessment and Audit) Regulations 2003 (Legal No.
101 of 2003). All undertakings enumerated in the Second Schedule of EMCA require
an Environmental Impact Assessment project/study report prepared and submitted to
the National Environment Management Authority (NEMA) for review and eventual
licensing before the development commences.

Five Schedules are presented at the end of the EIAAR, with the First Schedule consisting of 16
forms including those for the

 submission of the project report;

 submission of the EIA study report;
 EIA license;
 application for registration as an EIA expert;

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  EIA practicing license;
 notice to the public to submit comments on an EIA study report; application for variation
of EIA license;
 certificate of variation of EIA license; notification of transfer of EIA license;
 certificate of transfer of EIA license;
 notification of surrender of EIA license;
 certificate of surrender of EIA license;
 application for access to information.

The presence of legislation that guides the EIA process in Kenya fulfils a core requirement for
effective environmental management (Kakonge & Imevbore, 1993, p300), especially in
developing countries (Annandale, 2001, p193). This is particularly due to the authority this
legislation establishes for EIA In evaluating the effectiveness of EIA systems, key criteria
include the presence of EIA legislation, and more specifically: legal provisions for EIA;
provisions for appeal by the developer or the public against decisions; and legal or procedural
specifications of time limits

Implementation
Role of EMCA in Environment Management in Kenya
a. It guides the co-ordination of environmental planning
It guides co-ordination at various levels which are responsible for the preparation of the action
plans which contain an analysis of the natural resources with an indication of change in their
distribution and quantity over time, analytical profile of various uses and value of the
natural resources and also recommend appropriate legal and fiscal incentives that may be used to
encourage the business community to incorporate environmental requirements into their planning
for national development, methods of building national awareness through environmental
education.

b. The Act also sets out operational guidelines for the planning and management of the
environment and natural resources.

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This also assists in the preparation of environmental action plans which cut across the country;
national to district environmental action plans. These plans are prepared by the national
environment management authority through the district environmental officers.

c. It establishes committees that ensure ongoing projects have no negative impacts

These committees in consultation with the relevant lead agencies monitor all environmental
phenomena with a view to making an assessment of any possible changes in the environment and
their possible impacts and also monitor the operation of any industry, project or activity with a
view of determining its immediate and long-term effects on the environment. These committees
include the public complaints committee where the public can air out their views concerning any
project. The public is entitled to raise objections if the project is likely to affect them negatively.
Provides guidance for the formation of quality and standards committees that ensures cleaner
production with respect to air, water, soil and biodiversity
The committee established is known as the Standards and Enforcement Review Committee
which deals with the issues of water and air quality. Concerning water quality the committee
gives advice on how to establish criteria and procedures for the measurement of water quality
and recommends the minimum water quality standards for all the waters of Kenya and for
different uses, including:-drinking water; water for industrial purposes; water for agricultural
purposes, water for recreational purposes; Water for fisheries and wildlife,
The committee analyze conditions for discharge of effluents into the environment, prepare
guidelines or regulations for the preservation of fishing areas, aquatic areas, water sources and
reservoirs and other areas where water may need special protection, Identify areas of research on
the effects of water pollution on the environment, human beings flora and fauna;,
Carry out investigations of actual or suspected water pollution including the collection of data;
take steps or authorize any works to be carried out which appear to be necessary to prevent or
abate water pollution from natural causes or from abandoned works or undertakings document
the analytical methods by which water quality and pollution control standards can be determined
and appoint laboratories for the analytical services required and collect, maintain and interpret
data from industries and local authorities on the pre- treatment nature and levels of effluents;
The committee gives advice on how to establish criteria and procedures for the measurement of
air quality.

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 d. EMCA provides guidelines for orders for restoration, conservation and environmental
assessment
An environmental conservation order may be imposed on burdened land so as to:- Preserve flora
and fauna; Preserve the quality and flow of water in a dam, lake, river or aquifer, Preserve any
outstanding geological, physiological, ecological, archaeological, or historical features of the
burdened land; Preserve scenic view; Preserve open space; Permit persons to walk in a defined
path across the burdened land; Preserve the natural contours and features of the burdened land;
Prevent or restrict the scope of any activity on the burdened land which has as its object the
mining and working of minerals or aggregates; Prevents or restrict the scope of any agricultural
activity on the burdened land; Create and maintain works on burdened land so as to limit or
prevent harm to the environment; or Create or maintain migration corridors for wildlife. Through
this conservation measures are undertaken by individuals

e. EMCA defines the offences related to the environment

The Act defines the various offences related to the environment and prescribes measures to be
taken in case of contravention of the laid down regulations governing the environment.
Offenders are entitled to appear in an environmental court and answer questions pertaining
disregard for the environment. There are usually heavy penalties involved. It clearly stipulates
that an offender maybe any person who hinders or obstructs an environmental inspector in the
exercise of his duties, fails to comply with a lawful order or requirement made by an
environmental inspector, refuses an environmental inspector entry upon any land or into any
premises, vessel or motor vehicle which he is empowered to enter, impersonates an
environmental inspector, refuses an environmental inspector access to records or documents
kept, fails to state or wrongly states his name or address to an environmental
inspector in the cause of his duties, misleads or gives wrongful information to an environmental
inspector or fails to submit a project report among other offences

f. Stipulates guidelines concerning environmental impact assessment

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Before a project is implemented, its potential impact should be assessed so as to determine
positive or negative impact in order to take necessary precaution through;
 Formation of technical advisory committees on environmental impact assessment
 Application for an EIA license
 Further EIA
 Submission of fresh EIA report after license is issued
 Transfer of EIA license

Weaknesses:
One of the weakest points of current regulations in Kenya is the relationship between the lead
expert conducting the EIA study and the proponent of the project being studied. As stipulated by
EMCA, 1999 and the subsidiary 2003 EIA regulations, the proponent of the project is required to
employ a NEMA-licensed lead expert to conduct the EIA study on the proponent’s behalf.
EMCA regulations enforced by NEMA require the promotion of environmental and social
Sustainability in Program designs so as to avoid, minimize mitigate adverse impacts, and
Promote informed decision making relating to the Program’s environmental and social impacts
EMCA, requires that all projects listed in the Schedule, be subjected to full
EIA studies.
In recognition that certain projects may not require full EIA, the EMCA gives NEMA the power
to direct a project proponent to forego the submission of an EIA report in certain cases if there
are no major environmental and social impacts

The regulations provide detailed requirements and issues that need to be dealt with for the
project report, EIA study, monitoring and auditing.
Under these regulations, NEMA uses EIAs as a decision making tool in determining the issuance
of licenses to new projects, and EAs as a tool for monitoring and evaluating compliance and
conformity to environmental protection and conservation measures of ongoing projects.

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Environmental challenges that Kenya faces and the formulation of EMCA sought to address
include factors like.

 Increased pollution and environmental degradation arising from growing use of fossil and
wood fuel energy;
 Poor governance resulting in adverse impact on the environment;
 Inadequate disposal of non-biodegradable materials (e.g. plastics and polythene)
 Reduced renewable surface water from 650m3 per capita/year to an expected 250m3
when the population reaches the projected 60 million in 2025; far below the global
recommended 1000m3;
 Increasing cases of environmental health problems due to pollution of the ecosystem by
heavy metals and chemicals such as nitrates, nitrites, polychlorinated biphenyls (PCBs),
dioxins, pesticides and DDT;
 Increasing energy demands for domestic and industrial use resulting in natural resource
depletion and degradation;
 High levels of poverty (over 56% of Kenyans live below the poverty line); the poor are
largely victims and causes of natural resource depletion and environmental degradation;
 Most of the country (over 85%) is largely fragile arid and semi-arid lands, while the rest
(about 15%) supports 80% of the population;
 Unsustainable management practices of ecosystems and their inherent biodiversity;
 Low level of awareness and low social responsibility at individual and corporate levels
on environmental matters;
 Increased slum settlements in urban areas due to rapid rural-urban migration resulting in
environmental problems of overcrowding, poor garbage disposal, and environmental
diseases such as cholera, dysentery and typhoid;
 Inadequate solid waste collection and disposal infrastructure and facilities (about 60% of
solid waste not disposed of at designated sites);
 Lack of sewerage system and facilities for 143 out of 175 local authorities;
 Inadequate infrastructure for treatment and disposal of solid, liquid and gaseous industrial
wastes, particularly from the micro, small and medium enterprises (SMEs);

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  Low level of awareness among the over one million SMEs that produce 60% of industrial
waste;
 Inadequate information on technologies for profitable recycling of waste; and failure to
include the informal sector, particularly slum dwellers, into viable recycling processes;
 Increasing population including influx of refugees in fragile ecosystems, precipitating
further degradation of natural resources
 Increasing land degradation and desertification due to climatic change, variability and
human related activities;
 Increased environmental degradation of coastline ecosystems and national parks due to
increased tourism activities;
 Increased land degradation due to increased mining, sand harvesting and quarrying
activities;
 Increasing levels of noise pollution arising from industrial activity, road and air transport
as well as certain forms of social activities;
 Poor access to and use of environment friendly technology;
 Low compliance due to weak enforcement of the environmental provisions;
 Inadequate management of environmental disasters;
 Inadequate environmental monitoring systems;
 Inadequate capacity and mechanisms within the country to respond to environmental
challenges;
 Increasing incidents of invasive and colonizing weeds and species;
 Inadequate capacity to mainstream environmental economics into national policies, plans
and accounts;
 Emerging environmental health issues;
 Potential conflicts from locally and internationally shared natural resources such as water
bodies (e.g. lakes and rivers) pastures and migratory wildlife;
 Inadequate integration of indigenous knowledge into environmental management;
 Ways that the relevant authorities should consider in order to ensure the above challenges
are countered are
 Enforce the provisions of EMCA, 1999 and 2003

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  Develop appropriate environmental standards, regulations and guidelines;
 Enforce environmental standards and regulations with sensitivity, but demonstrating to
the public high vigilance and low tolerance;
 Promote partnerships, joint initiatives and cooperation with lead agencies, the private
sector and the civil society to enhance complementarity and synergy towards improved
environmental management;
 Encourage and empower all stakeholders (individuals and organisations) to bring about
positive environmental impact;
 Spearhead and speed up the updating of national and sectoral environment policies as
well as local authority by-laws;
 Foster sustainability by ensuring that environmental costs and benefits are fully reflected
in socio-economic decisions;
 Recognize and publicly reward best environmental practices at all levels;
 Demonstrate measurable outcomes that improve the environment, while enhancing
livelihoods for all;
 Promote wise use of natural resources, including diversification into renewable energy
sources;
 Establish an environmental resource centre;
 Communicate environmental information, including changes and trends to all
stakeholders;
 Recruit environmental inspectors;
 Continuously monitor and evaluate utilization rates, states and trends of natural
resources;
 Promote regional and international cooperation on all environmental matters;
 Develop effective environmental monitoring and a sharing of information systems
between all stakeholders;
 Mobilise adequate resources to support environmental programmes;
 Create and promote a strong corporate image; and
 Promote and enhance environmental education and public participation for sustainable
environmental managemen

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 CONCLUSION
The EMCA act has made great strides in the management of the environment. Through the
various bodies set up by the act, there has been massive improvement in the way people perceive
the environment. The act provides for improved legal and administration coordination of the
diverse sectoral initiatives in order to improve national capacity of environmental management.
However there are some setbacks with regard to the full implementation of the act. Political
interference by powerful individuals has rendered the act almost impossible to fully implement.
Proper mechanisms have also not been put in place to deal with various aspects as stipulated in
the act. Lack of finances has also hampered the full implementation. In order to realize the
effectiveness of this act, proper mechanisms should be put in place. The various bodies set up by
this act should be given more authority to deal efficiently with environmental matters
Corruption within the system has also crippled the effectiveness of the regulation. Many
organizations with projects that have adverse effects on the environment have gotten favorable
EIA reports and approval by corrupting the system

RECOMMENDATIONS
With the right implementation and enforcement of the EMCA 2003, the environment can
continue to provide ecosystem goods and services such as clean water and air as well as natural
resources. This can only be guaranteed with the right environmental management setting that
includes a wide array of approaches. Based on its mandate of regulating development projects in
various sectors including manufacturing, building and construction as well as to monitor project
operations so that they do not adversely affect the environment,
These include approaches like,

 Empowering Relevant environment and related organizations like NEMA and the EIA
officers and consultants to enable them to be vigilant in their analysis and reporting in
order to ensure that all projects pass the environmental test
 Education and awareness prorammes for the general public. The general public is
ignorant about many issues brought about by development projects that can have adverse
effects on the environment. With an informed population, it will be hard for rogue
developers to move ahead with environmentally harmful projects since even the common
man will question and take action

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  Voluntary compliance schemes. The government through the relevant authorities should
seek to come up with schemes that encourage voluntary compliance to environmental
laws and even a way of rewarding the same to encourage such behaviour
 To curb corruption there needs to be strict adherence to the laws and major consequences
for violating any of the rules. The EIA consultants need to be well paid and remunerated
to ensure that no one will buy them into approving any hazardous projects
 There is also a need to decentralize the system and move the enforcement closer to the
people. With devolution, many developments are now coming up in the counties away
from the capital. The EIA analysis of projects needs to be made vigilant in all counties
within the country to ensure environmental safety for all citizens

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 REFERENCES
Angwenyi, A. (2004). Environmental Legislation and Domestication of International
Environmental Law in Kenya. A paper presented at the Sesei Program Sub-regional
Legal Workshop held in Nairobi, 13-17 December 2004
Kakonge, J.O. & Imevbore, A.M. (1993). ‘Constraints on Implementing Environmental
Impact Assessments in Africa’. Environmental Impact Assessment Review. 13, pages
299-308.
Kameri-Mbote, P. (2000). Strategic Planning and Implementation of Public Involvement in
Environmental Decision-Making as they Relate to Environmental Impact Assessment in
Kenya. International Environmental Law Research Centre (IELRC) Working Paper 2000-
3.
Okello, N., Beevers, L., Douven, W., & Leentvaar, J. (2009). ‘The doing and undoing of
public participation during environmental impact assessments in Kenya’. Impact
Assessment and Project Appraisal. 27, 3, 217-226.
The Republic of Kenya. (2003). The Environmental (Impact Assessment and Audit)
Regulations. Legal Notice No 101. Government Printer, Nairobi.
The Republic of Kenya. (2000). Environmental Management and Coordination Act, No 8 of
1999. Government Printer, Nairobi
Provision for Environmental Impact Assessment (EIA) in Kenya’s legislation by Thomas N.
Kibutu, PhD; Angela Mwenda

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