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Role Of Emca 1999 In Environment Management In Kenya

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.

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

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.

EMCA provides guidelines for orders for restoration, conservation and environmental easement

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.

Pprovides the ways for entering both regional and international agreements and treaties

These international treaties include:-

• The Nile Basin Agreement that concentrates on checking the volume of water drawn from Lake Victoria
• o The Rio Earth Summit
• o The millennium development goals

Kenya is signatory to various international and regional treaties and agreements which must always be respected and implemented. To this effect EMCA 1999 provides the required legal structures for entering into such commitments. The country participates in various conferences on climate change including the recent talks at Kasarani where various countries were represented.

EMCA provides powers to appoint environmental assessors andinspectors

The work of these assessors and inspectors is taking cases to a three man bench of judges in the Environmental Court which acts on the cases and pass judgments, giving fines where necessary. This also involves setting up a tribunal which Make such orders for the purposes of securing the attendance of any person at any place where the Tribunal is sitting, discovery or production of any document concerning a matter before the Tribunal or the investigation of any contravention of this Act as it deems necessary or expedient and take evidence on oath and may for that purpose administer oaths; or on its own motion summon and hear any person as witness

The environmental assessors work also involves the constant monitoring of activities deemed to have massive impacts on the environment.

The case of Tiomin mining project in Kwale district was taken before a tribunal by the local community sometime back leading to delays in implementation of the first phase.

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.

A case in point is the Dagoretti slaughter houses which were closed and consequently the owner of the premise arrested. Actions of the slaughterhouse were deemed to be polluting the environment at a large scale leading to closure. The local community had witnessed heavy pollution taking place in the rivers due to channelization of waste into the water resources.

Stipulates guidelines concerning environmental impact assessment

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

Revocation, suspension or cancellation of EIA license is also stipulated Example may include  the case of Dominion project at Yala swamp where there was a temporary suspension of EIA licence after a wide consultation. The local residents had their objections to the said project and as such this led to the suspension. The proponents did not also adhere to some regulations leading to the suspension, the Tana River development project where the various projects have received mixed reactions from both the environmentalist and the local residents thereby leading to their licenses being suspended. This was after the local community and various other stakeholders raised a red flag over the project. The project was deemed to have massive impacts on the environment.

The owner of the Kiambu building which collapsed sometime back did not adhere to the standards of EIA. It was established that the proponent did not conduct an EIA before undertaking the project.

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.

About the Author

Felix Ooko

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