Environmental Compliance in Kenya

Environmental protection is enshrined in the Constitution of Kenya 2010 and enforced through the Environmental Management and Co-ordination Act (EMCA) 1999. The National Environment Management Authority (NEMA) is the principal government agency responsible for the implementation of all environmental policies.

Environmental Impact Assessments (EIA)

Before commencing any project that is likely to have a significant impact on the environment (e.g., construction of buildings, factories, roads), a proponent must undertake an Environmental Impact Assessment (EIA) and submit a report to NEMA.

The EIA process involves identifying potential environmental impacts and proposing mitigation measures. Failure to obtain an EIA license is an offence and can lead to the suspension of the project and heavy fines.

Environmental Audits

Ongoing projects and businesses are required to conduct annual Environmental Audits to assess their compliance with environmental regulations. These audits cover waste management, air quality, noise pollution, and water quality.

Waste Management Regulations

The Environmental Management and Co-ordination (Waste Management) Regulations 2006 place a duty of care on every person to ensure that waste generated is handled, stored, and disposed of in an environmentally sound manner. Businesses must engage licensed waste handlers for collection and disposal.

Larpei & Company Advocates advises developers and businesses on navigating the EIA process, obtaining necessary licenses from NEMA, and ensuring ongoing compliance with environmental laws to avoid litigation and penalties.