Environmental Law in Kenya
1. How can Environmental Law be effectively enforced in Kenya?
For environmental law to be effectively enacted in Kenya their needs to be emphasis on the need for a universal environmental ethic. There needs to be a concern on the ability to provide information that changes behaviour towards the environment i.e. not stopping at awareness creation but to also go through education & advocacy. This led to the enactment of the Environmental Management and Coordination Act. (EMCA). With the enactment of the EMCA, the fundamental principles on the environment espoused in various multilateral environmental agreements and intellectual discourse were incorporated into Kenyan law.
Therefore it is based on the recognition that improved co ordination of the diverse sectoral initiatives is necessary for better management of the environment.
To facilitate a coordinated approach to environmental management, EMCA establishes several organs as discussed below which help in the effective enforcement of environmental law:
i) National Environmental Council
It is responsible for policy formulation and directing, setting national goals and objectives, determining policy and priorities for the protection of the environment and the promotion of cooperation among the public and private bodies engaged in environmental protection programmes.
The council is responsible in regards to international treaties, conventions and agreements relating to the management of the environment to which Kenya is a party or should be a party.
ii) National Environmental Management Authority (NEMA)
It is responsible for the following:
(a) Co-ordinate the various environmental management activities being undertake by the lead agencies and promote the integration of environmental considerations
Into development policies, plans, programmes and projects with a view to ensuring the proper management and rational utilization of environmental resources on a sustainable yield basis for the improvement of
For environmental law to be effectively enacted in Kenya their needs to be emphasis on the need for a universal environmental ethic. There needs to be a concern on the ability to provide information that changes behaviour towards the environment i.e. not stopping at awareness creation but to also go through education & advocacy. This led to the enactment of the Environmental Management and Coordination Act. (EMCA). With the enactment of the EMCA, the fundamental principles on the environment espoused in various multilateral environmental agreements and intellectual discourse were incorporated into Kenyan law.
Therefore it is based on the recognition that improved co ordination of the diverse sectoral initiatives is necessary for better management of the environment.
To facilitate a coordinated approach to environmental management, EMCA establishes several organs as discussed below which help in the effective enforcement of environmental law:
i) National Environmental Council
It is responsible for policy formulation and directing, setting national goals and objectives, determining policy and priorities for the protection of the environment and the promotion of cooperation among the public and private bodies engaged in environmental protection programmes.
The council is responsible in regards to international treaties, conventions and agreements relating to the management of the environment to which Kenya is a party or should be a party.
ii) National Environmental Management Authority (NEMA)
It is responsible for the following:
(a) Co-ordinate the various environmental management activities being undertake by the lead agencies and promote the integration of environmental considerations
Into development policies, plans, programmes and projects with a view to ensuring the proper management and rational utilization of environmental resources on a sustainable yield basis for the improvement of
References: Environmental Management and Coordination Act 2000 Okidi et al, Environmental Governance in Kenya: Implementing the Framework law. East African Publishers, 2008