l FIE G0X THE KENYA NATIONAL ENVIRONMENT ACTION PLAN (NEAP) SUMMARY ,l. ~~~.~ .s~~~~~~~~~~~~~~~~. .... . . . ' THE KENYA NATIONAL ENVIRONMENT ACTION PLAN (NEAP) MINISTRY OF ENVIRONMENT AND NATURAL RESOURCES P.O. BOX 30126, NAIROBI, KENYA Telephone Nairobi, Kenya 229261, fax 338272 June 1994 FOREWORD In Kenya, and elsewhere in the world, there is a growing public concern that many forms of economic development activities damage the natural resources upon which the economies are based. A major environmental and developmental challenge today is how to maintain the equilibrium between population, ecosystems and development. Current development efforts emphasise production with little regard for environmental conservation, while conventional environmental conservation advocates resource protection without human use. Environmental damage, which is evidently widespread, undermines future development efforts. It is now time to meet human needs in ways that do not destroy the environment. Kenya has physical and biological resources that are of considerable domestic and intemational economic and intrinsic value. The country possesses an estimated total of 35,000 known species of animals, plants and micro-organisms. This wealth is fundamental to Kenya's economic prosperity in many ways, including as a source of income for subsistence, source of employment and source of foreign exchange earnings. Life, and the economy, are based on natural resources such as water, air, rocks, minerals and soils. These resources are increasingly under pressure from unsustainable use, resulting in pollution, soil erosion, and depletion. Biological resources which are sources of food, fuel, medicine, wood, shelter and income, are only renewable if they are used sustainably. The challenges presented by the conflicting demands of economic growth, sustainability and quality of life are formidable, both in their rate and geographical extenL The Government of Kenya, being very concerned with the impact of these conflicts, has decided to put in motion this dynamic National Environmental Action Plan which provides coherent instruments forintegrating environmental considerations intoeconomic planning and programmes for sustainable development. Hon. J. K. Sambu, EGH, MP Minister for Environment and Natural Resources (i) I rSOMALI A I < [s ' \"-;-r sogALt a -/ ..,. O O ( *_ *@ 1 t-HV@~~~~~~~~~~~~~~~~~~~~~~.../ t) e 4 a......... ~t ;l .3... ...- - E 7SX~~~~E .... ... . 0 LA 2 i'U 2~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~c 0o kA - S tr I 7)~~~~~~I 3l' TABLE OF CONTENTS FOREWORD (i) PART ONE.: ENVIRONNIENTAL POUCY 1 1.1 CHALLENGES OF CHANGE 1 12 POLICY OBJECTIVES - 13 MAJOR STRATEGIES TO REALISE OBJECTIVES 1 PART TWO. SECTOR ISSUES 3 2.1 ECONOMIC CHALLENGES 3 2.2 PHYSICAL ENVIRONMENT 4 2.3 WATER RESOURCES 5 2A BIODIVERSYIY 6 2.5 AGRICULTURE AND FOOD SECURITY 8 2.6 DESERTIFICATION AND DROUGHT 10 2.7 POLLUTION CONTROL AND WASTE MANAGEMENT 15 2.8 HUMAN SE1TLEMENTS AND URBANISATION 16 2.9 PUBLIC PARTICIPATION AND ENVIRONMENTAL EDUCATON 18 2.10 ENVIRONMENTAL INFORMATION SYSTEM (EIS) 19 2.11 INSTITUIIONAL AND LEGAL FRAMEWORK 20 ANNEX: PROPOSED INSTITUTIONAL FRAMEWORK 22 (iii ) National Parks and National Reserves |~~~~~~~~~~~~ tra lsnad/ 0> ~~~Sout isb \ \ ~~~~~~~~FMbrsabit Asolot w S. Turkana J w | 22~~~~'IIN Losa Saiw Syfm l 2 > Mt i390\, s s -- Kero Valley NR Maralal Kamnarok b 1 Samburu Shaba jKakarnega ~ ~ 4 B 'iaringo Laikipia i3iaoprns iisartadi ~~~~ ~~~Buffalo Springs Li30a0ea Meru Rahole and L NakunA hMt Kenya* s C Kisumu LANakunS lt Noethrara Ruma Hells Gate% g Longonot G Mwea 01 Doi7yo Sabuk Masai Mara Naimbi Arawl Bo Sout Kitui Tana River j Dodo r Tsavo East Natonal Parks Marindi MNR, MNP & Tsavo W ~~~~~~~Watamu MNR, MNP National Reserves Simba Hills Mombasa MNR & MNP _______ ~~~~~~~~~~~~~~~~~~Mpungutini MR & =_____ Marine Naffonal Parks & Reserves Kisite MP Source: Compiled by KIFCON from KWS Planfing Unit maps (iv) PART ONE: ENVIRONMENT POLICY improving the quality of the human environment. b) Promoting sustainable use of naturl resources to meet the needs of present generations while preserving their Kenya is in the midst of rapid changes: ability to meet the needs of future changes in the size of the population and generations. their quality of life; changes in traditions, literacylevels,familystructures;andchanges c) Treating environmental conservation in the foundations of its economy. and economic development as integral aspects of the same process of sustainable Kenya is largely a rural society. Its people development. have been surviving on a subsistence economy, and its cash economy has been d) Generatingincomeandmeetingnational small and dependent on the export of a goals and international obligations by small number of crops. However, over the conserving biodiversity, reversing last three decades, Kenya's population has desertification, mitigating effects of tripled, commercial and industrial activity disasters,and maintaining theecological have grown tremendously, tourism is the balance of the earth. single largest source of foreign exchange, while horticulture has rapidly become a major export earner. 13 MAJOR STRATEGIES TO REALISE OBJECrIVES The population increase together with economic and industrial development have 1.3.1 Enhance the harmonisation, had considerable impact on the country's implementation and enforcement of environment and natural resource base. laws for the management, sustainable useand protection of the environment. 1.2 POLICY OBJECIIVES 1.3.2 Provide economic incentives and penalties to encourage sustainable use The Government's commitment to of natural resources and to minimise conservation and sustainable use of pollution. resources has been stated in all national development plans since independence. 1.3.3 Assess and evaluate in economic terms Sessionalpapersand presidential directives the value of standing, unexploited have frequently emphasised proper natural resources and ecological management of the national resource base. functions. For example, a standing The 1994-96 National Development Plan tree should be worth more than a cut details Government commitment to one. integrate environmental considerations in developmentprogrammesand projects. The 1.3.4 Institutionalise the process of plan calls for increased efforts towards environment impact assessment management and conservation of the andmonitoringforpublicandprivate environment. projects and programmes. A national environmental policy will 1.3.5 Provide strong and effective provide guidance for actions in all sectors. environmental co-ordination and Some of the broad objectives of Kenya's monitoring, by creating a single environmental policy include: autonomous organisatlon. a) Facilitatingoptimaluseofthenational 1.3.6 Enhance the involvement of local land base and water resources in communities in the management of 1 natural resources and their living provide recreation. environment. Inaddition,promote 1.3.10 Address underlying causes of the participation of all parties - local desertification, including socio- communities, district committees, economic factors, and establish business, industry and NGOs - in mechanisms to mitigate the effects projects and programmes for of drought. conservation and development. 1.3.11 Formulate a comprehensive land 1.3.7 Enhance environment management use and settlements policy to capacities by training professionals regulate human activities in order and raising. awareness at all levels. to minimise their negative impacts on the environment. 1.3.8 Conduct research in a wide range of disciplines, including biodiversity, 1.3.12 Improve decision-making biotechnology, indigenous processesbydevelopinganefficient knowledge, waste management, national environment education gaseous emissions, disaster andinformationsystemwithineasy management, human settlements reach of users in all parts of the development and alternative forms country. of energy. 1.3.13 Enhanceco-operationwithregional 1.3.9 Maintain the system of protected and international environment areas and create others to conserve programmes, and treaties and biodiversity, generate income and agreements. 2 PART TWO: SECTOR ISSUES e) Create an enabling environment, 2.1. ECONOMIC CHALLENGES ~including an information bank for use by environmental managers. f) Share benefits accruing from proper use Economically, Kenyans have been going of natural resources with local through a tying period recently. Drought communities. in many areas of the country led to a decline inagriculturaloutput;sincemanyindustries g) Provide social and economic incentives are agro-based, industrial output also to the private sector to decentralise and declined. A world recession further relocate in economically and weakened our economic performance. environmentaldepressedregions. Prices of Kenya's agricultural produce fell h) Initiate incentives for business and drastically, fewer tourists travelled, and industry to promote cost effective and foreign exchange earnings were not intaytopriecostecties. sufficient to sustain imports required for environmentally friendly technologies. industrial and agricultural development. i) Review and update fines and penalties Kenya faces a major challenge in planning for environmental crimes, in order to forsustainable resource management in the make them a real deterrent to face of limited natural resources, rapid environmental abuse. population growth, poverty, and limited finance capital. All these are compounded j) Increase government expenditure on bydegradationof the environmentonwhich environmental management. development depends. k) Make use of international agreements to For sustainable development, the planning promote sharing of benefits from anddecision-makingprocessmustcarefully Kenya's genetic resources and transfer consider alternative strategies. of technology from industrialised nations to the country. 2.1.1 Actions Which Can Be Taken 2.1.2 Some Selected Priority Activities Immediately Requiring Funding a) Use markets, prices, and government a) Analyse the effects of structural fiscaland othereconomic instruments, adjustment progreames (SAPs) on the including tax-based incentives and e nvs)o sanctions to protect the environment environment, and ways in which the and influence attitudes and behaviour world cancontribute to maintain healthy towards sustainability. Initiate the tropical ecosystems. proposed incentives package in co- b) Treat biological resources as capital operation with the private sector. bp resources and invest accordingly to b) Re-orient the national budget to prevent their depletion. prioritise sustainable projects. c) Introduce environmental awards which c) Use pricing policy to reflect actual cost carry financial benefits. of natural resources, taking into account their long terrn scarcity. d) Provide basic infr-astructure and soft credit lines to targeted sectors. d) Include environmental performance as a criterion in tender evaluation in e) Continue to build capacity within the the Government tendering system. public and private sectors forintegrating 3 environmental concerns, and otherequatorialcountries,Kenyahasa mostly calculations of benefits and costs, into dry climate. Nearly 80% of the country is arid project design, implementation, andsemi-arid lands (ASAL). The Goverunent evaluation and monitoring. is concerned about the global increase in carbon dioxide emissions and other 2.1.3 Some Long-Term Priorities "greenhouse gases" that form a layer in the atmosphere, trapping heat around the earth. a) Change the behaviour of people and The rainy seasons in the last few years have institutions so that they become been erratic. Climate change brought on by conservers of biological resources and global warming would have disastrous effects not overusers. on the country, which is dependent on its biological resources for food and industry. b) Recogniseand affirm the roleof culture as part of conservation. 2.2.3 Actions Which Can Be Taken Immediately a) Enhance and co-ordinate soil conservation programmes. 2.22 PHYSICAL ENVIRONMN ?_?-_-_?____:_'_:.'. ______._?_'___'_?__?_? b) Enact legislation and/or enhance enforcement of regulations governing 2.2.1 Geology, Soils,Minerals and Mining miningandsandharvesting,andinvolve local people in monitoring and valuation Kenya has a wide variety of landscapes, of local resources. from tropicai coral reefs to snow capped Mount Kenya. The geology ranges from c) Co-operate with intemationalinitiatives some of the world's oldest rocks to recent to assess and monitor causes and effects volcanicash and lava flows. There are many of global warming and climate change. different types of soils, including very fertile volcanic soils. Soil erosion is a problem, causing loss of nutrients, siltation of lakes 2.2.4 Some Selected Priority Activities and hydroelectric dams and pollution of Requiring Funding marine ecosystems. Government ministries, research institutes and many non- a) Assess and monitor the effects of small- governmental organisations (NGOs) and scale gold mining on the environment. local communities are involved in soil conservation programmes and projects. b) Require mine owners to rehabilitate AnumberofusefulmineralsoccurinKenya, mines and quarries, supported by a induding fluorspar and soda ash. system of incentives and penalties. There are precious minerals such as c) Assessavailableinformationonimpacts gemstones and gold. Limestone deposits of climate change on ecosystems and are mined to make cement, and sand is human development. collected for the building industry. The process of extracting minerals can cause 2.2.5 Some Long-Term Priorities severe environmental damage. Some of the chemicals used in the mining process often a) Formulate response strategies and contaminate ground and surface water. options to mitigate or adapt to dimate Harvesting of "free" sand causes soil erosion, change. lowers the water table, damages biodiversity and may cause some rivers to changecourse; b) Assess the status and quality of Kenya's in some cases sand miners have drowned or mineral deposits. been buried in landslides. 2.2.2 Climate The equator bisects Kenya, but unlike most 4 ... - --offshore fishing grounds and the exclusive 23 ATER REOURCES economiczone. Theseresourcesbringmuch ..... .... . -revenue to the country by sustaining trade, tourism and food production. However, Water, or the lack of it, is crucial to Kenya's natural resources at the coast are under development. Agriculture,industry,human increasing pressure. There is recurrent- settlements, waste management, tourism shortage of fresh water. Coral reefs are and natural ecosystemsalldepend on water. threatened by pollution from factories, Although Kenya's total water resources towns, hotels, and siltation. The fisheries potential exceeds the present total annual are being exploited unsustainably, demand, it is limited in space, time and sometimes by vessels outside national quality. In many areas of Kenya, water has controL become scarce or polluted, leading to conflicts. Theultirnate constraint on Kenya's industrial development is likely to be 2.3.3 Actions Which Can Be Taken unavailability of water. Immediately 2.3.1 Inland Waters a) Stop further encroachment on water catchment areas, including wetlands Kenya'sfreshwaterresourcesincluderivers, and mountain forests, while lakes, wetlands and underground water. developing strategies to manage these The waters of the Tana River, for example, areas for multiple use. supply hydroelectric power. The Lake Victoria basin sustains nearly halt of the b) Prioritise water allocation in quantity country's population. Alkaline lakes such according to the needs of rural and as LakeNakuruaremajortouristattractions. urban settlements; industry; Wetlands provide groundwater recharge downstream users; agriculture; waste and discharge, water purification, pollutant dilution; and maintenance of ecological removal, water storage, shoreline systems. stabilisation, breeding grounds for fish and birds, dry season grazing grounds for c) Introducea tariff forwaterabstraction. livestock and wildlife, and a variety of wetlands products. d) Formulate a comprehensive national water policy. Demand for Kenya's water resources is high, and hascausedanumber of conflicts. Using e) Develop a national plan on sewerage waterto diluteand carry industrial, domestic management. and agro-chemical wastes has polluted several water bodies, some to alarming f) Promote regional co-operation in the levels. Waterstored in dams or diverted for management of all shared water irrigation reduces the flow for downstream resources, particularly Lake Victoria. users, including seasonal flooding on which systems of -agriculture are based. Inter- 2.3.4 Some Selected Priority Activities basin water transfer for urban or agricultural Requiring Funding use may deplete water resources in one basin while causing disposal problemns in a) Survey water quality and quantity the other. Demand for agricultural or throughout the country. This could be settlement land has caused encroachment done on a basin by basin basis. on water catchments and wetlands, thus reducing the flow of springs and streamns b) Survey and inventory the nation's and lessening the land's ability to adjust to wetlands and its coastal and marine floods and droughts. resources. 2.3.2 Coastal And Marine c) Rehabilitate and/or develop fresh water resources monitoring systems. Coastal and marine areas include harbours, deltas and creeks; forests, beaches, d) Enhance the national capacity to mangroves and coral reefs; inshore and monitor offshore waters. 5 e) Formulate an integrated water is unsustainable. Natural ecosystems that resources development plan for each store water, protect the soil, or shelter unique basin, to include fisheries, water plants and animals have been degraded or quality, domestic supply and converted to other uses. Some plants and sanitation, industrial and agricultural animals are over-harvested, and a few have needs, pollution, biodiversity, land actually become extinct. Conservation is use, etc. therefore vital to sustainable growth. Conservation does not preclude human use. f) Develop an integrated coastal The present task is to measure the true value management plan to address fresh of biological resources; widen the use of water resources, fisheries, tourism, indigenous species: establish sustainable pollution, biodiversity, human harvest levels; develop microbial resources; settlements and industry. protect threatened ecosystems; and integrate the conservation of biodiversity with other g) Develop an integrated management resource use. plan for wetlands (water use and storage, fisheries, biodiversity, 2.4.2 Forestry agriculture, livestock, land use, human settlement,etc.),includingcommunity Forests cover less than 3% of Kenya's land participation. area, yet these forests contain 50% of the nation's treespecies, 40% of the mammals and h) Implement the Water Master Plan. 25% of the birds. Forests provide wood and wood products such as wood fuel, used by 2.3.5 Some Long-Term Priorities over 80% of all households. Forests, and especially indigenous forests, protect water a) Develop and implement methods to catchments, supply non-wood products such harvest rainfaU and runoff. as honey and medicinal plants, and have important cultural, ceremonial and b) Strengthen and promote the role of recreational uses. However, gazetted women and youth to fully participate indigenous forests are losing 5,000 ha. every in water resources and environmental year, and industrial tree plantations have management. declined from 170,000 to 133,000 ha in the last few decades. Sustainable wood and wood fuel production from forests is estimated to be only about one quarter of national requirements. To meet needs for wood and -2.4 BIODIVERSITY wood fuel, trees will have to be grown on- -_ _ _ _ _ _- _ _ _ _ _ _- _ _ _ _ _:- _ _ _ _ _ _ _ _-- _ _ _ _ _ _ _ fa rm . Kenya's biodiversity is all of its plants, Oneareathatdeservesimmediateattentionis animals, and micro-organisms, the genes the coastal forests. Coast Province forests they contain and the ecosystems of which constitutelessthanl0%ofthenation'sforests, theyare part. Kenya has biological resources but they contain nearly half of the country's that are of considerable economic and raretrees. Thereareanimalsandplantsfound intrinsic value. The country possesses an in remnant coastal forests that occur nowhere estimated total of 35,000 known species of else. Kaya forests are sacred places to the local animals, plants and micro-organisms. These communities, and o ther sites have cultural or are fundamental to human well being. For ceremonial importance. Many forest areas example, agriculture, livestock, fisheries and havebeendestroyed fordevelopment,mining, forests account for most economic output, agriculture or wood fuel. including subsistence survival, employment and export earnings; and tourism is a key 2.4.3 Wildlife And Fisheries foreign exchange earner which is largely based on the presence of wildlife and Kenya has an impressive system of protected seashores. areas, covering 8% of the land area, and earning much foreign exchange. Conflicts occur, 2.4.1 Genes, Species And Ecosystems however, when wild animals destroy crops and even kill people. In addition, a number of At present ouruse of most natural resources important habitats are not yet protected. A 6 tourism master plan that will address some sites in need of immediate protection of these issues is under preparation. include some Kaya forests, Mwangea Hill and Kilibasi Hill. Protection to be Fisheries provide the nation with protein, extended to include sites with unique employment and foreign exchange. plants, especially the rock outcrops of Unfortunately, overfishing in some areas, Chasimba, Mwarakaya, Pangani and pollution of inland and coastal waters, and Kambe Rocks, and the gorges of Rare, the introduction of alien species of fish and Njora, Ndzovuni, Lwandani and plants, threaten thevarietyand productivity Kombeni rivers. of the nation's fisheries. c) Formulatescientificcriteria for thesafe 2.4.4 Biotechnology use of genetically modified organisms (GMOs); and make Prior Informed Biotechnology is the use of. molecular Consent a pre-requisite for all field genetics, biochemistry, microbiology, and testing of GMOs. of processes using micro-organisms or the cells and tissues of living things, to produce 2.4.7 Some Selected Priority Activities goods and services. Advances in Requiring Funding biotechnology have revolutionised developmentsinagriculture,humanhealth, a) Survey and document the forestry, medicine and industry. Although composition, distribution, structure, Kenya is rich in genetic resources, functions, and the use and value of biotechnology is undeveloped. This is due biodiversity. to insufficient finances, lack of enough trained scientists and technicians, lack of b) Expand ex situ conservation efforts well equipped facilities and poor linkages such as gene banks, botanical gardens, between research organisations and end and commercial farming in support of users. Kenya's people and environment conservation. also need protection against some technology imported from abroad, which c) Implement the recommendations of may be hazardous. the Forestry Master Plan. 2.4.5 Indigenous Knowledge d) Exanmne the most suitable methods of establishing forest plantations. Indigenous knowledge in biodiversity conservationisimmense. Differentcultures e) Involve local communities in wildlife havelived with, sustained themselves from, conservation and ensure that wildlife and conserved and managed biodiversity, contributes to their welfare. with respect for nature. Understanding cultures and indigenous knowledge may f) Train more scientists and technicians therefore offer the needed options for future in biotechnology. biodiversity conservation and development. Yet too often local communities have not g) Create a Biotechnology Enhancement been consulted or involved in development Fund to provide venture capital for or conservation projects and programmes. biotechnology research and innovation. 2.4.6 Actions Which Can Be Taken Immediately h) Protect sacred places and areas of cultural importance under present a) Develop a biodiversity strategy to legislation or new types of protected maintain, use and preserve Kenya's areas. remarkable biological diversity. 2.4.8 Some Long-Term Priorities b) Place critical and fragile unprotected forests, induding coastal forests,under a) Establish realistic harvest levels of wild someformof protection,and formulate species, supported by effective plans for sustainable use by regulatory mechanisms. neighbouring communities. Coastal 7 b) Promote the development, should not compromise the environment or diversification, conservation and the land's ability to meet future national foods management of the nation's fisheries needs. Food security can be ensured by a resources. sustainable production of desirable amounts as well as the ability of all Kenyans to access c) Develop fish ladders or other means to the food in sufficient amounts and at all times. enable fish to move up and down rivers with hydroelectric dams. Sustainable production depends on the use of certified seeds, research, effective outreach d) Enhance research and development (extension) programmes, and use of and monitoring in biotechnology and appropriate agronomic practices to achieve biosafety. high yields. Current trends of sub-dividing land into smallerand smallerunits isa practice e) Documenttraditionalknowledgeof the which can be counter-productive in the long use and management of natural term. It is therefore important to retain some resources, and incorporate it into large farms for research, certified seeds conservation programmes. production, and quarantine purposes. 2.5.2 Soil Conservation 23 AGRICULTURE AND FOO D- Erosion is a major cause of soil degradation in SEC ITY . j .-.Kenya. In high and medium potential areas, soil conservation programmes should continue to be implemented on catchment basis. In the ASALs, conservation efforts need In thirty years Kenya's population has tripled, to be intensified, especially in the most fragile and, remarkably, food production has just areas. Waterharvestingfordomestic,livestock about managed to keep up with it. In and crop use needs to be integrated into addition, Kenya produces a variety of cash conservation efforts in ASALs, alongside crops, including tea, coffee, pyrethrum, woodland and range management, which flowers and others. Today, however, there is should emphasise natural tree regeneration very little unused arable land which can be rather than tree planting. brought into production. Inappropriate use of agrochemicals have polluted some water 2.5.3 Irrigation And Drainage sources, destroyed some natural pest predatorsandcompactedsomesoils. Certain Irrigation is one option for bringing more high potential areas are producing less land into production. With Kenya's vast because of unsustainable land use. The only drylands and some fairly large lakes and way to increase production is by promoting swamps, it seems an obvious solution. Any efficient use of available land. irrigation project needs careful assessment. Possible negative impacts resulting from There is need for efficient and appropriate poorly designed and implemented irrigation use of fertiliser, pesticides, tillage methods, projects include: salination due to poor crops and cropping patterns to avoid drainage; pollution by agro-chemicals and environmentaldegradation. Inthe long run, other wastes if drainage water is emptied greater use of animal and compost manures directly into receiving water bodies; need to be promoted as a supplement to inadequate water for downstream activities mineral fertilisers. Integrated pest and ecosysterns due to reduced outflow; and mnanagement strategy should be given high increase in water-borne diseases such as priority. To reduce pollutants reaching water malaria and bilharzia leading to high health bodies, the run-off water should be filtered care costs. through the soil as an integral part of soil conservation structures. Greater attention In Kenya, many irrigation projects have failed needs to be given to drought-resistant due to socio-economic problems. Some of indigenous food plants. - theseprojectsfailedbecauseofpoorplanning, incomplete implementation, failure to involve 2.5.1 Food Security local communities, and inadequate funding. Small scale projects with full community Producing the nation's current food needs participation, and intensive commercial 8 ventures, seem to have been the most 2.5.6 Some Selected Priority Activities successfuL Requiring Funding Drainage of wetlands also requires careful a) Increase and diversify agricultural assessments of viability, costs and benefits. production by promoting the use of Drainingawetlandmaycausereducedwater and improving the productivity of flow in dry years and more destructive indigenous plant species and animal floods. Some drained wetland soils become breeds. Provide incentives for farmers compacted and completely unproductive. to maintain local crop varieties and Even in a successful project, the increase in animal breeds. food production may not offset the costs (loss of wetlands products, biodiversity and b) Optimise production on existing land ceremonial sites). by promoting research into and adoption of appropriate land use 2.5.4 Animal Husbandry systems and technologies. In the high and medium potential areas, c) Improve fish farming through dairy farming is one of the main activities. research, extension and marketing. Continued sub-division of land necessitates the keeping of small stock like rabbits (for d) Conduct studies on wildlife-livestock meat), dairy goats, and poultry, and the use diseaserelationshipsandmultipleland of zero-grazing. Thesmall stockare expected usesystems such as wildlife/livestock to have less negative impacts on the ranching. environment. e) Investigate lesser known plant In the ASALs, beef cattle, sheep ,camel and products, including plant based goat rearing are the major activities. chemicals,oils,insecticides,fragrances Improvements of range production, water and flavourings, with full community supply and marketing will need to participation. incorporate environmental friendly techniques. f) Assess the viability, rehabilitation needs, environmental impacts and 2.5.5 Actions Which Can Be Taken economiccostsandbenefitsofexisting Immediately and proposed irrigation and drainage schemes. a) Intensify crop yields and reduce dependence on imports by g) Avail adequate budgetary resources encouraging integrated pest for adaptive research, training, and management, multiple cropping, extension. agroforestry and organic compost and manures in agriculture. At the same 2.5.7 Some Long-Term Priorities time, train extension workers in these techniques. a) Collect and provide information on optimal land uses in various agro- b) Train users of pesticides and other ecological zones. agro-chemicals, including extension staff and the general public, on safety b) Integrate environmental and dangers of using pesticides and considerations and sustainable agro-chemicals. resource management into all aspects of agricultural development. c) Encourage optimal livestock production, including high yielding c) Supportprogrammesinwhichwomen breeds and zero-grazing in some areas have traditionally had economic and drought and disease resistant control, including production, breeds in other areas. marketing and processing. Improve 9 infrastructure facilities to support displacement of pastoralists to allow for marketing. agricultural expansion or urbanisation; and the influx of refugees from neighbouring d) Keep some large farms intact to countries. Immigrants from high potential produce quality seeds, quarantine areas bring with them land use practices animals and for research. which are inappropriate and lead to land degradation. The immigrants also disrupt the indigenous management systems which arebasedonappropriateandlocallyadapted 2.6 DESERTIFICATION&DROUGHT technologies. 2.6.4 Rangeland Resource Management 2.6.1 Desertification The quest for more land has led to a shift Kenya's arid and semi-arid lands are from the predominantly communal land sufferingan increased rate of desertification. ownership in the ASALs to privatisation. The major issues related to desertification Group ranches are being subdivided. In and drought include the assessment and some areas, increased fencing or privatised mapping of desertification; drought land has blocked the natural migration monitoringand early wamingsystems; land corridors for wildlife and livestock. tenure and property regimes; rangeland resources management; socio-eoonomic 2.6.5 Actions Which Can Be Taken characteristics and population dynamics; Immediately community participation; and research, development and institutional a) Study, and assess indigenous arrangements. knowledge of local communities and use those which contribute to 2.6.2 Drought Monitoring sustainable use of natural resources. Droughts are part of thehistory of this region, b) Improve security in the ASALs so as to a cyclical occurrence whose regularity is not reduce local land pressure. clear. Droughts cannot be prevented, but can be predicted and mitigating measures c) Support multiple land use systems in put in place. Continued use of remote rangeland. sensing techniques, districtlevelmonitoring, and local knowledge make it possible to 2.6.6 Some Selected Priority Activities predict the onset of drought about a year in Requiring Funding advance. a) Use remote sensing techniques, 2.6.3 Socio-Economic Dynamics mapping and socio-economic data to assess the process of desertification. Thearid and semi-arid districts of Kenya are characterised by a limited natural resource b) Promote alternative means of base and a low carrying capacity. Owing to livelihood to reduce human impact on the low carrying capacity of the ASALs, a land. relatively small increase in population may result in the over-exploitation of resources. c) Improve marketing and transport of The population growth rate is heavily livestock, honey, and other ASAL influenced by mnigration, mainly from the products. high potential areas, in search of land and employment opportunities. Owing to d) Strengthen current drought insecurity in many ASAL areas, there tends preparedness and recovery to beconcentrations of peopleand livestock, programmes and introduce them in leading to land degradation. areas where they do not exist. There are other factors which affect e) Avail research results on ASALs and population dynamics in the ASALs. These increase their use in order to improve include temporary emigration of pastoralists land use systems, including adoption in search of water, education and health; of suitable technologies. 10 KENYA - FOREST RESERVES T~~~ A * a~~~~~~~* a o 100 200 Kilometers Source: Forest reserve boundaries from 1:50 000 topographic sheets J _wl b~~~~~~1 AGRO -CLIMATIC ZONE MAP OF KENYA Zone C*aik daignatlon A ullual potenhal i @i < E~~~~~~~~~~~~~THIOPIA _ s e 2 e-hUm'ddhg 3 Wtu-mi NQ 4 WNft - hWTidtoSUI- aId meidu 5 awlmi med~5lu 7 mw aid V low Zone r/Eb nao r/Eo ratio Win CW*fti designation 2 aOS - oso es - s - ui 3 &5 - 0.06 S 0-695 -hnd 4 OA- 0.4000 40- so s-I -hurriddto gwIl- Aid 5 025- OAO 25-40 $1l-a 6 l 15 - 025 15- 25 arld 7 ~~~(115 ~~~c I5 very old THE MAIN DRAINAGE BASINS OF ICENYA CO0 0 t A 5 /~EHIPI 1LakeNcnaDrairzgeBai ~ ~~~~~~~~~~~~~~~~~~~~~ OO N 2Rityraia9Bas. becc 3 Ei Drainao Ba8in < s -> XJ 5 4DBasA < / 2 5UGAsoNDAoDaBst w "1 ' \ /~~~~~~~SMAI _ Dge 8r . \ vl . :OE r rEF : ^ V*hr &_ (1S9Z)~~~~~~~~~ ,~~~~~~~A LEGEND ~ ~ ~ ~ ~ 1 GENERALISED EXPLORATORY SOIL MAP OF KENYA LEGEND Moeaely deep to deep sods,witht moderatetohg D1TI 7eep red. strongly weathered add soils WMith fow irtifity Shalow to I0d.renS deepiWits wbh hrgh ttertility Shallow and ot Juvenule wits MuaM Weetit dveloped oits 01 fth arid region (x..eeea arid Yames f~Poory dniued.t moderately deep to deep day sorts ~DSodft en Saline soitslS Mf.wiu SC4.eeh esk paureeeIWt Source: Okoth and Maingi. 1993. (gereraul,sd ltorm E.;plmur.ury Soil Mnp of Kerrya. Sonmbroek. 19621 1 4 2.7.5 Actions Which Can Be Taken f) Enhance national climatological, Immediately meteorological and hydrological capabilities to provide drought early a) Update water quality standards and warning data and use them. developnationalairqualitystandards. 2.6.7 Some Long-Term Priorities b) Involve business and industry in reducing pollution and managing a) Allow adequate flow downstream in wasteincludingdischargeandstorage. basins where damming of the rivers has taken place. c) Upgrade the ranking of the cleansing section within local authorities, b) Take environmental costs into making it possible to employ consideration in the management of professionals. refugee settlements. d) Devise procedures for proper _management of chemicals at all levels, ..................7 P O L .........including manufacture, transport, WASTE MANAGEMENT disposal. ..~~ ~~ ~ q4.i - A.N.i...i i ... ...... ... ............. e) Support international agreements to control trans-boundary shipments of 2.7.1 Gaseous Emissions hazardous wastes. Gaseous emissions froinm industry, f) Reviewandenforcelegislationtodeter transportation, domesticandnaturalsources pollution and encourage recycling, for are changing the quality of the air. Some of example, institute polluter charges to these gases, the "greenhouse gases," are discourage polluters. increasing global warming. Ozone depleting substances, particulate matter and toxic g) Keep the public informed of the gases cause serious health problems, while dangers of fumes from cooking fires, some pollutants destroy property. toxic chemicals, climate change and other effects of pollution on 2.7.2 Liquid And Solid Wastes environment. As Kenya becomes more urbanised and h) Enact and/or enforce legislation on industrialised,it produces more waste which the management of chemicals e.g, enact has to be disposed of. The sewerage systems the Chemical Controls Bill of 1994. and waste collection ability of most urban areas cannot keep up with the waste 2.7.6 Some Selected Priority Activities produced by a rapidly growing population. Requiring Funding Industrial and agricultural wastes are often discharged untreated into water bodies, a) Inventory sources and characteristics making the water unfit for other uses. of gaseous emissions. 2.7.3 Chemicals And Hazardous Wastes b) Formulate a policy on control and management of gaseous emissions, Dangerous chemicals are used in industry, enact supporting legislation and train sometimes without sufficient safety personnel. measures; and industrialised nations try to c) Rehabilitate waste water treatment dump their hazardous wastes in other facilities, and provide funds for countries. sustainable maintenance and operation of sewage treatment 2.7.4. Noise Pollution facilities. Noise pollution is a growing problem in the d) Promote and support cleaner urban and industrial environment. production technologies with 15 economic incentives. Land disputes have intensified in the last two decades, leading to poor management. e) Provide adequate storage facilities for Insomecases, they haveaffected agricultural solid wastes, determine collection production through loss of land and frequencies, review location of diversion of resources to cover the cost of disposal sites and develop acceptable litigation. procedures for their management. f) Train personnel and provide facilities 2.8.2 Land Use Planning (e.g laboratory equipment) to manage There are many demands on the available chemicals. land which create tremendous pressures and conflicts such as: g) Educate the public on the dangers of noise pollution and their rights within agricultural vs infrastructure the law, and educate workers and development; environment managers to participate in control of protection vs settlement and noise pollution. agriculture; tourism vs demand for access to land by local people; 2.7.7 Some Long-Term Priorities introduction of arable agriculture in marginal areas; and land allocation a) Facilitateand encourageresearch,and and change of user without comnercialisation of research results, environmental considerations. on all aspects of minimising, avoiding, recycling, treating and disposing of Other problems related to land use planning waste. in human settlements include: b) Collaborate with neighbouring fragmentation/sub-division and countries in the control of disposal of inefficient utilisation of the resultant liquid wastes into common water land parcels; destruction of water bodies. catchments and wetlands; weaknesses in land allocation c) Encourage technology to produce procedures leading to incompatible alternatives to plastics. land uses; linited physical planning personnel; weak legal enforcement of development control measures; and limited community participation in the planning, implementation, 2.8 HUMAN SETTLEMENTS AND. monitoring and evaluation of land - RBANISATION. use plans. Land use planning policies are well articulated and are backed by various 2.8.1 Land Tenure And Property Regimes legislation. These provisions are scattered in numerous statutes, and weaknesses in Land is a crucial national resource that is implementation arise owing to inadequate basic to the livelihood and well being of co-ordination and enforcement. Kenyans; however, there is not enough land for everyone to own a viable unit. Thus, Sustainable land use planning involves the land ownership is one of the most emotive management of available land resources in issues in Kenya. Land tenure may or may such a way that it brings optimal benefit to not include rights in other properties such the user while having minimal irnpacts on as trees, water, pasture, minerals and the environment. This includes planning buildings. Thecultural,socialand economic and management of human settlements to basis of land tenure and property rights in satisfythephysical,socalandotherneedsof different resources, and the distinct the inhabitants on a sustainable basis by proprietary attitudes that affect the maintaining the balance of the ecosystems of productivity of these resources, should be which the settlements are an integral part studied and understood. 16 2.8.3 Urbanisation demand has been steadily growing. Unsustainableuse of various forms of energy The high population growth rate together cause in-door and out-door air pollution; with the low economic growth rate and depletionofvegetation;andwaterpollution. povertyhaveadversely affectedsustainable Promoting energy conservation in the use of available natural resources, industrial and transport sectors can make infrastructuresandoveralllivingstandards. significant reductions in energy demand. Rural housing has received minimal 2.8.6 Disasters attention in development, yet 80% of the country's population live in them. This Disasters cause loss of life, damage to encourages rural-urban migration. The property and the environment, etc. There is increasing urbanisation has placed need for a comprehensive national policy tremendous pressure on existing housing, andlawtoprovidefordisasterpreparedness infrastructure and services. Housing, water and response. supply, sewerage, solid waste management and urban transport are inadequate. Slums 2.8.7 Actions Which Can Be Taken and squattersettlements havemushroomed, Immediately and consequently, there is an incr"ease in urban poverty, unemployment, a) Formulate a comprehensive national underemployment, crime, drug abuse and settlements policy and incorporate street children. There is need to improve traditional and societal cultural values managementcapabilitiesinorderto improve in planning human settlements. the quality of the urban environment. b) Enhance the involvement of local 2.8.4 Shelter, Infrastructure And Services authorities in the planning and management processes. Shelter development is hampered by poverty; unsustainable use of building c) Involvelocalcommunitiesand require materials; minimal participation of an environmental impact assessment communities, community-based for most cases of land allocation and organisations or non-government change of user approvals. organisations; weak institutional capacities and management; and the use of outdated d) Redirecturbanexpansionandhousing buildingby-lawsandplanningregulations. away from high potential agricultural Themobilisation of monetary, technological land, and improve physical planning andhumanresourcesfromallplayersshould for low potential areas. be intensified with a view to promoting sustainablehumansettlementdevelopment. e) Implement revised building by-laws These factors will further be enhanced by and planning regulations. the on-going preparations for HABITAT II under the themes: "Sustainable Human f) Encourage the construction industry Settlements in an Urbanising World" and to adopt new efficient, energy-saving, "Adequate Shelter for All". lowpolluting,andmaterialconserving technologies, particularly in the wood Infrastructure includes water supply, processing industry. sanitation, solid waste management, environmental health services, energy, and 2.8.8 Some Selected Priority Activities transport. The low level of access to clean Requiring Funding watersupply, healthand sanitation facilities, and poorly ventilated structures especially a) Upgrade or develop infrastructure, in in rural areas and informal settlements in particular water and sanitation urban centres, impair human health. systems. 2.8.5 Energy b) Promote the use of alternative, clean and renewable sources of energy, Energy is an important input in all forms of including mini hydro power stations, human activities including domestic, solar power, biogas and wind energy. commercial and transportation. Wood huel Encouragemoreefficientuseof energy; 17 and promote research, development activities is a well-established principle in and commercialisation of alternative Kenya. It has long been in place as harambee energy sources. and self-help groups. The District Focus Strategy for Rural Development has c) Expand current research and decentraliseddecision-makingandincreased development and training staffing and funding at district level. District programmestodevelop,promoteand Environment Officers (DEOs) reporting to commercialise appropriate and Office of the President and District environmentally friendly housing, Environment Protection Officers (DEPOs) building materials, construction and from the National Environment Secretariat, infrastructural technologies, in co- have been posted to the districts. Several operation with communities and the other ministries encourage public private sector. participation in resource management. d) Intensify poverty alleviation Decisions taken at the local level, however, programmes. sometimes are not effectively carried through to the district level. The participation of local e) Carry out research on recycling of communitiesmaybehinderedbyconflicting wastemotoroil, useof leaded petrol cultural practices, inappropriate andfueleconomy,andothermeans technologies, lack of incentives and of mitigating the effects of internal undeveloped leadership skills. combustion engines on the hurnan and natural environment. In many cases, the local communities who are the beneficiaries of environmental and f) Formulate a policy on disaster development projects and programmes are management and establishla not effectively consulted or involved. This Tational fund for disasters to be often leads to failures. Donor agencies may administeredbya nationalagency be deficient in knowledge of local on disasters. environmental conditions and cultural values. Flexibility in timeand fund allocation, g) Promote the use of non-motorized incorporation of traditional values as well as transport and expand road socio-economic,politicalandenvironmental transport, related infrastructure realities, and greater co-operation among and marketing systems especially public and private sectors, would lead to in ASAL areas. greater success. 2.8.9 Some Long-Term Priorities 2.9.2 Environmental EducationAnd Public Awareness a) Improve access to land and educate Kenyans to understand that part of The school curriculum has incorporated the population will remain landless. essentialaspectsofenvironmentaleducation, but not all institutions have the capacity to b) Educate Kenyans to value other teachiteffectively. Majorconstraintsinclude security e.g professionalism and shortage of funding, basic facilities such as business rather than only land as laboratories, and teachers trained in security. environmental education. c) Strengthen programmes aimed at In non-formal education, major drawbacks improving rural-urban linkages as a include unco-ordinated planning for way of reducing to sustainable levels environmental activities; inadequate migrations into urban settlements. community involvement in deciding where and whatprogrammes should be undertaken and their priorities; limited use of indigenous 2.9- PUBLIC PARTICIPATION AND : knowledge and local expertise; and limited ENVIRONMENTAL EDUCATION. use of local languages. 2.9.1 Community Involvement Themass media does not alwayshaveaccess to factual information forpublicity, and most Community participation in development journalists have not been trained to report on 18 environmentalissues. Sometimes,although e) Extend environmental training and thepublicrmaybeaware,theneedstosurvive awareness to leaders and decision today and to conserve for tomorrow are makers in government, NGOs, the conflicting, private sector and donor agencies. 2.9.3 Actions Which Can Be Taken f) Develop environmental programmes Immediately for the mass media; write environmental education training a) Involve communities in all the stages manuals; and prepare information of environmental planning and packages in local languages for local management. communities. b) Recognise and promote the use of g) Formulate a national environmental indigenous knowledge and skills education strategy whenever appropriate in environmental management. 2.9.5 Some Long-Term Priorities c) Encourage international organisa- a) Improve access to environmental tions to honour the priorities locally informationby individuals, the media identified; toutiliselocal expertiseand and communities. resources as much as possible; and to co-ordinate their activities with those b) Review and strengthen the activities of local communities. of district comnmittees and decentralise some of their functions to divisional d) Strive for gender balance in and locational levels. community representation. c) Collect, study, store, analyse and e) Support efforts by the NGO council to disseminate indigenous knowledge; develop a code of conduct and ethics and recognise and respect moral and for its members, as a self-regulatory socio-cultural traditions and interests mechanism. of target groups. 2.9.4 Some Selected Priority Activities Requiring Funding a) Enhance community capacity to participate through training and 2.10 ENVIRONMENTINFORMATION incentives; and increase funds for SYSTEM (EIS) communitydevelopmentinitiativesini environmental planning and management. 2.10.1 Role Of Information b) Train development agents in participatory methodologies. Information is a fundamental resource upon which organisations, countries and c) Integrate income-generating activities individuals depend in managing their into environmental projects and affairs. A decision is generally no better programmes toachievesustainability. than the information used to make the decision. Environmental information in d) Incorporate environmental educa-tion Kenya is collected by many agencies in the in the formal syllabi as an examinable public and private sector. subject at all levels of education, or revise the syllabi to strengthen the 2.10.2 Constraints environmental component in examinable subjects. Support this with A lot of data is collected but up to 70 percent in-service environmental education for of some collected data remain unanalysed trainers and supervisors/evaluators. for long periods and thereforeuninterpreted 19 because of financial, technical and planning constraints. Other constraints that affect . ...... . access to information are as follows: 2.11 INSTITUTIONAL AND LEGAL FRAMEWORK Fragmentation of the information in various -''''".-'-'-''':..'''-''' - institutions and organisations; undefined confidentiality;differingstoragemedia;lack 2.11.1 Legislation of a central environmental reference system; limited trained human capacity to collect, Environmental legislationisfound in various analyse, retrieve, and disseminate the sectoral statutes under the different line information; limited funds for developing ministries. Such laws are found under the an information system; lack of awareness on ministries dealing with agriculture, health, what is available, where available and in water, forestry, mining, fisheries, livestock, what formnat; absence of co-ordination and wildlife,amongmanyothers. These statutes linkagesbetweeninformationproducersand face fundamental constraints in users; and absence of an informatiorn, enforcement. Constraints includepenalties management structure and infrastructure. which are not deterrent enough, and provisions which are outdated. 2.10.3 Actions Which Can Be Taken Immediately 211.2 Institutions a) Enact legislation to establish a national The Government has, over the years, set up environment information system primary institutions on environmental (NEIS) to harmonise collection, matters, notably the National Environment analysis, storage, retrieval, and Secretariat established in 1974, the Inter- dissemination of environmental Ministerial Committee on Environment information. (seeAnnex) (1981), and the Permanent Presidential Commission on Soil Conservation and b) Review policies and legislation on Afforestation (1981). In recent years, new information with a view to developing institutional forns and programmes which appropriate ones to respond to dynamic are capable of cutting across administrative changes in software, hardware jurisdictionwereestablished. Theseinclude exchange systems, linkages, copyright the District Focus Strategy for Rural rules and patent rights. Development, and regional authorities such as the Tana and Athi Rivers Development 2.10.4 Some Selected Activities Which Authority (TARDA). Require Funding There is need fora single institution with the a) Establish NETS as an autonomous, legal authority to co-ordinate the statutory institution. management of environmental resources, which are currently managed by various b) Strengthen human resource capacity sectoral statutes under the different line in information management, ministries. Geographical Information System (GI)S, remote sensing, and related 2.11.3 EnvironmentalImpactAssessment disciplines. (EIA) c) Prepare and implement programmes, Environmental Impact Assessment is a for example, publishing directories and method used to identify a project's probable inventories. impacts on the environment. As a national policy instrument, EIA is carried out early in 2.10.5 Long-Term Priorities the project cycle at the pre-feasibility stage for proposed activities, policies, a) Monitor implementation of EIS programmes and development projects strategies and programmes, especially which are shown by preliminary screening as they respond to planning needs at as likely to have significant adverse the project, district,and nationallevels. environmental, social or economic impacts. 20 "ned out during and after implementation of provisions, provide including those projects incentives, and repeal sections that ,IA. directly promote environmental destruction. hiich Can Be Taken -ly. f) Provide a legal framework for the NationalOilSpillResponseCommittee Lation to establish a new in order to enhance its ability to I[framework toco-ordinate, marshall resources to contain andclean where necessary enforce, up oil spills. ital policy and legislation. nstitution will also co- 2.11.5 Some Selected Activities Requiring d enable the continuation Funding al environment action plan and its investment a) Establish a national environment ,e; and initiate the agency, including a national tent of the national environment information system and .tal information system, an Environment Tribunal. (see Annex) ironment Tribunal. It will I oversee environmental b) Providehumanandfinancialresources and evaluation, including to support the environment and ntal impact assessment. developmentco-ordinatingagencyand EIA institution. provisions of law relating c) Develop human resources in nent in' various statutes, environmental law, evaluation and to harmonising, updating enforcement. iening the statutes. 2.11.6 Some Long-Term Priorities an independent -al impactassessment and a) Monitor and review laws to respond to 'or all new development the dynamism in environment d programmes (with management. or certain cases). b) Involve a broad cross-section of :edures for enforcement community groups, NGOs, private 2nt Impact Assessment sector and other interested parties in the EIA process. amine laws relevant to c) Study and monitor the institutional order to: incorporate framework with a view to performance, remove recommending improvements orbetter -ovisions, enhance management system(s). ensure effective 21 ANNEX: PROPOSED INSTITUTIONAL FRAMEWORK biodiversity and recommending A: INSTITUTION ~~~~~~~protection in situ or ex situ where CO-ORDNaT;NG - -necessary. =______________________________ - Advice on human settlements. - Studies and advice on mnanagement A new institution to co-ordinate, enable, systems for areas of enviromnental and where necessary, enforce and cultural importance, including environmental policy, legislation and gazettedareassuchasgamereserves, activities is proposed. forest reserves and national monuments, and presently 1. Functions ungazettedareassuchasrecreational parks, ungazetted forests, water a) Co-ordinating and enforcing catchments, and sacred sites. environmental policyandlegislation. Management systems can include parastatals operating as b) Co-ordinating and enabling the economically viable entities, continuation of the National community-run sites, and areas EnvironmentActionPlanprocessand where the local people are the its investment programme. managers of their environment. - Advice on environmental research. c) Facilitating the establishment of the - Studies on theimpacts of commerce, national environment information industry and services, including system (NEIS). tourism, on the environment. - Advice on management of d) Initiating, monitoring and enforcing environment at the district level, environmental monitoring and supported by enhanced district evaluation, including environmental infrastructure, safety enforcement impact assessment (EIA). and co-operation with district planning units. e) Initiating and facilitating the establishment of an Environmental Tribunal to settle environmental 2. Establishment disputes. The proposed institution will be established f) Facilitating transparency, by an Act of Parliament. In order to carry out accountability and access to its duties effectively, the institution requires information by regularly publishing independence and authority. It is therefore State of the Environment reports. proposed that it be established as an independentconstitutional office, and headed g) Initiating the establishment of by a chief executive and governing council specialist committees with a wide with security of tenure. Alternatively, the professional representation to institution may be placed in the Cabinet provide: Office, Office of the President, or the ministry in charge of environment, and the chief - Advice on management of executive appointed by the President. biotechnology and biosafety. - Studiesand recommendations on management of pollution, 3. Structure chemicals and hazardous wastes. - Advice on land use planning. a) It is important that the proposed - Advice on the management of institution be well represented at the water resources. district level. It is therefore - Monitoring of the status of 22 proposed that the structure of the recommended that the Tribunal ease the institutiohatthenationallevelwillbe burden of members of the public by reflected at the district level. The conducting business in various parts of the Government may consider the country. The Tribunal will settle disputes harmonisation of the duties, raised by individuals, organisations, responsibilities and reporting government, industries, etc. including mechanisms of DEOs and DEPOs. disputes regarding ELA. b) Four versions of the proposed institutional structure are appended. (Charts 1, 2, 3 and 4). C: NATIONAL ENVIRONMENT c) In establishing and staffing the I . .ORATIONSE.RVIE (NEIS. institution, present environmental institutions and comrnittees should be considered in order to minimise 1. Establishment costs and enhance co-operation. Having realised that there is enormous data 4. Name and information in Kenya cutting across all sectors, it is recommended that a national The following names for the institution have environment information service (NEIS) be beenfproposed: established to network, co-ordinate and been proposed: document the various sources and forms of - Kenya Environment Agency information in thecountry. Theservicewill - Kenya Environment Protection be operated on a sound economic basis. Its Authority long term objectives include the Authorironmenty andDevelopmentestablishment and maintenance of a reliable - Environment and Development and up-to-date and yet responsive - National Environment Agency information service on natural resources. 2. Management B: ENVIIRONMENT TRIBUNAL-'-'';-:.; ti: 0 A multi-sectoral environment informa-tion _____________-:' ________'- ____________ ':':-steering committee will manage NEIS. The committee will be drawn from the 1. Establishment government, non-governmental organisations, and individuals devoted to Having noted the increased concerns on the environment. The system will be the management of the environment, and sustainably managed through appropriate particularlythewidespreadseriousconflicts costing, marketing, and pricing of that have arisen over the past years, it is information. recommended that an Environmental NEIS wil promote compatible technology Tribunal be established. used in storage, analysis, retrieval, 2. Authority dissemination, and networking of information. The Tribunal should be headed by a Judge. Interest or background in environmental law would be an advantage. Members of the Tribunal should also enjoy security of tenure of office. The decisions of the D: ENVIRONMENTAL IMPACT Tribunal should have the power of law. ASSESSMENT (EIA) 3. Operations Since the conflicts occur countrywide and Development projects in the private and involve all levels of society, it is public sector will be subject to ETA. 23 1. National Projects Allprojectsallowedtoproceedwillbesubject to monitoring. Investors of projects and programmes of a national nature will submit their proposals The expansion of existing industries and through the Investment Promotion Centre major agricultural projects will also be (IPC). The institution charged with subjected to EIA before they are approved. overseeing the EIA process will review the Existing and new industries will be investment in accordance with procedures subjected to regular environmental established, which shall include public accounting and auditing. consultation. 2. District Projects A decision can include any of the following: District projects will be subjected to a similar a) Exemption from full EIA, but subject process by the District Environmental to monitoring of the conditions of Committees (DECs). Procedures for district approval. projects will be established and strictly b) Acceptance of the proposal. adhered to under the supervision of the c) Advice for revisions. institution charged with overseeing the EIA d) Rejection. process in consultation with DDCs and DECs. In the case of projects recommended for revision, the review may result in a decision Detailed procedures on EIA are available to allow the proposal to proceed or from the NEAP Secretariat. alternatively may reject the proposal. 24 CHART 1 f f ~~~~~~~~Constitutional Office | Of fice of the President Cabinet Of fice Environment Environmental Agency Tribunal (Policy & Coordination) I nv irn EvIzmn nioment ]Informalion Fnr mental Devel Research & Education Administration Co-ordinating Committees t ( Provi~~vncialEvaluaiion& Monitoring Committe ) (District Environment Secretariat (Technical (District Development Committee) i)Local Communities and Local Authorities Private Sector & Sectoral Agencies 25 CHART 2 Min. of Environment & Natural Resources or Cabinet Office Environment) Inter-ministerial Tribunal Committee on Environment (Policy & Coordination) Secretariat Environ- Environment & Co-ordinating Environment Finance & mental Development Committees Information Administration l Law & E.I.A Research & Education 26 CHART 3 Cabinet Of fice Office of the President Constitutional Office _ ~Environmental Agency (Policy &Coordination) (Envronent ltersectrl National < der Tribunal | gency Environment _ Services < J <__ , ~~~~~~~~~Secretariat< Provincial Environment Co-ordination Unit (District ~ ~ ~ ~ ~ stic Envelopmennt t Committee ) t ~~~~Secretariat ) Community Groups 27 CHART 4 Constitutional Office or Office of the President Cabinet Office t J t (Pol~~~~icy & Co-oriain 'En 'ronment' ( National Technical and Scientific C Tresource nfomati Committee E nvro EnEvalnment and Management & Education Development (all stalce holders represented) Technical Environment Scientific Committee Monitoring and Emergng Resources Information on Environment & Evaluation Globa Issues Secretariat with Executive E.I.A. Unit 1 Unit 2 Unit 3C Unit4 28