UPDATES OF CURRENT AND AND EMERGING REGULATORY ISSUES

By Dr Ayub Macharia Ndaruga

Director EEIPP NEMA

Outline

• Introduction • Policy interventions • Legislative interventions • Enforcement • Restoration • Monitoring • Education and awareness

Introduction

• Kenya is a water scarce country • Plenty of water during floods but no adequate

harvesting • Climate change exacerbates water scarcity • Few water resources suffer from overexploitation

and pollution from solid and liquid waste • Government has demonstrated a lot of

commitment to ensure Kenyans enjoy a clean and healthy environment

Kenya constitution 2010

• Preamble • Article 102d – sustainable development as a

national value • Article 42 – Every Kenyan entitled to a clean

and healthy environment • Article 69-70 – state obligations to stop any

activity which degrades the environment

Policy interventions

• The following policies are currently in parliament awaiting approval – National Environment Policy – National Wetland Policy – National ICZM Policy

• The policies lay a lot of emphasis on management of waste water

• Policies provide a framework to inform other interventions at National and county level

Performance contract targets for public sector institutions

• In the 11th cycle Performance Contract Guidelines for 2014-2015 all Ministries, Departments and Agencies (MDAs) are required to undertake an Audit to establish extent of compliance with and enforcement of the constitution and other statutory obligations.

• On environmental sustainability, agencies are required to undertake Audit on compliance with the Environmental Management and Coordination Act (EMCA) of 1999.

• CEOs of water and sewerage companies under strict obligations to comply with EMCA 1999

EMCA revision

• Environmental Management and Coordination Act enacted in 1999

• The Kenya constitution2010 gave 5 years duration upon which Kenya should have revised EMCA 1999

• EMCA now in parliament and has undergone 2nd reading

• Revised EMCA to be ready by Christmas break

Water quality regulations

• EMCA 1999 provides regulatory framework to protect water resources

• Regulation effected in 2006 • Provides quality standards for water to be

discharged into the environment • Apply and acquire discharge license from

NEMA

Enforcement

• Its an offence to discharge waste water into the environment

• Many restoration orders issued to water and sewerage companies

• Many prosecutions have been instituted by NEMA

• Fines – upto 2 million

Management Plans for wetlands

• Management plans are agreements between stakeholders – Lake Olborosat – being gazetted – Lake Jipe – Lake Naivasha – Ombeyi wetlands – Kingwal (sitatunga) – Kibilong – Genosoyiet (within Kericho Municipality) – Kimana – getting gazetted

Coastal management

• Kenya Coastal Zone Pollution Prevention Guidelines

• ICZM Plan • Kenya Shoreline Management Strategy

Restoration of polluted water bodies

• Nairobi river - MEWNR • Sosian – MEWNR • Kisat – World Bank rehabilitate waste water

treatment facility • Njoro – Initiative by Egerton University – tree

planting, identify sources of pollution

Cleaner production

• NEMA working with Kenya National Cleaner Production to help companies embrace cleaner production technologies

• One of the targets – Pollution Control • Done successfully in Nyanza region and Lake

Victoria region for East Africa Community • Participating companies win awards • 2014-15 – done within Nairobi River Basin • Outcome – improved production systems

Catchment restoration

• Constitutional requirement of 10% forest cover

• Mau forest restoration • Lake Naivasha catchment restoration • Green Schools initiative launched by HE

President Uhuru Kenyatta to encourage schools to establish tree nurseries and supply seedlings to neighbours

Monitoring

• NEMA and WARMA undertake regular monitoring of all water bodies

• Data published in annual State of Environment Report

• New initiative by NEMA – monitoring of water bodies using macroinvertebrates and uploading in Google Maps (MiniSASS) by Schools and youth groups (read more at https://ayubmacharia.wordpress.com/2014/11/09/people-driven-wetlands-restoration)

Capacity building for sewerage companies

• 2012-2014 – NEMA held sensitization meetings for all water and sewerage companies

• Final meeting held at KICC and attended by CEOs of the companies

• Opportunity for dialogue with the companies on negotiated compliance to comply with the water quality regulations 2006

Education and awareness

• NEMA works closely with players in the sector • Partnership during training and exhibitions to

provide practical solutions • 2014-15 planned activities

– 4 regional workshops on solid waste management – 4 regional workshops on pollution control – 4 regional workshops on wetlands restoration – 4 regional environment expos on best practices

Challenges

• Inadequate infrastructure e.g. sewerage • Technology challenges • Human capacity challenges • Low investment • Legal challenges

Conclusion

• Kenya is a water scarce country • Enabling policy and legal framework exists • Need for more investment in the water and

sewerage sector

Thank you

You can access this presentation on my Blog

ayubmacharia.wordpress.com