Administrative Framework for EIA in Kenya
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Transcript of Administrative Framework for EIA in Kenya
8/2/2019 Administrative Framework for EIA in Kenya
http://slidepdf.com/reader/full/administrative-framework-for-eia-in-kenya 1/22
ENVIRONMENTAL IMPACT ASSESSMENTAND AUDIT COURSE
8/2/2019 Administrative Framework for EIA in Kenya
http://slidepdf.com/reader/full/administrative-framework-for-eia-in-kenya 2/22
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
8/2/2019 Administrative Framework for EIA in Kenya
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…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
8/2/2019 Administrative Framework for EIA in Kenya
http://slidepdf.com/reader/full/administrative-framework-for-eia-in-kenya 4/22
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
8/2/2019 Administrative Framework for EIA in Kenya
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…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
8/2/2019 Administrative Framework for EIA in Kenya
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…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
8/2/2019 Administrative Framework for EIA in Kenya
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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
8/2/2019 Administrative Framework for EIA in Kenya
http://slidepdf.com/reader/full/administrative-framework-for-eia-in-kenya 8/22
…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
8/2/2019 Administrative Framework for EIA in Kenya
http://slidepdf.com/reader/full/administrative-framework-for-eia-in-kenya 9/22
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
8/2/2019 Administrative Framework for EIA in Kenya
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…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
8/2/2019 Administrative Framework for EIA in Kenya
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…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
8/2/2019 Administrative Framework for EIA in Kenya
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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
8/2/2019 Administrative Framework for EIA in Kenya
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…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
8/2/2019 Administrative Framework for EIA in Kenya
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N ti l E i t T ib l
8/2/2019 Administrative Framework for EIA in Kenya
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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
8/2/2019 Administrative Framework for EIA in Kenya
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…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
8/2/2019 Administrative Framework for EIA in Kenya
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…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
8/2/2019 Administrative Framework for EIA in Kenya
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…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
8/2/2019 Administrative Framework for EIA in Kenya
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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
8/2/2019 Administrative Framework for EIA in Kenya
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…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
8/2/2019 Administrative Framework for EIA in Kenya
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Environmental Planning Committees
a. National Environment Action Plancommittee
b. Environmental Planning at
Provincial and District level (DEC& PEC)