ENVIRONMENTAL LAWS IN KENYA
NEMA LEAD EXPERT Ms Joan Kithika
Environmental Management and Coordination Act, 1999 Assented to in1999 and commenced in 2000.
An ACT of Parliament to provide for the establishment of an appropriate legal and institutional framework for the management of the environment and for the matters connected therewith and incidental thereto.
Institutions under EMCA NEMA: National Environmental Management Authority (NEMA) is to exercise general supervision and co-ordination over all matters relating to the environment and to be the principal instrument of Government in the implementation of all policies relating to the environment/
NATIONAL ENVIRONMENT COUNCIL: responsible for policy formulation directions for the purposes of the Act. The Council also sets national goals and objectives, and determines policies and priorities for the protection of the environment.
PROVINCIAL AND DISTRICT ENVIRONMENT COMMITTEES:
Contribute to decentralisation of environmental management and enable participation of local communities.
PUBLIC COMPLAINTS COMMITTEE:
provides the administrative mechanism for addressing environmental harm.
Section 58 of EMCA requires an ENVIRONMENTAL IMPACT ASSESSMENT LICENSE
(2) No licensing authority under any law in force in Kenya shall issue a licence for any project for which an environmental impact assessment is required under the Act unless the applicant produces to the licensing authority a licence of environmental impact assessment issued by the Authority under these Regulations.
Regulation 4 (3) states that “No licensing authority under any law in force in Kenya shall issue a trading, commercial or development permit or license for any micro project activity likely to have cumulative significant negative environmental impact before it ensures that a strategic environmental plan encompassing mitigation measures and approved by the...
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