Kenya
AGRICULTURE
Every person has the right to access any information related to the implementation of the Environmental Management and Coordination Act upon payment of a prescribed fee.
The State must ensure sustainable exploitation, use, management and conservation of the environment and natural resources and ensure the equitable sharing of the accruing benefits. The Cabinet Secretary responsible for environmental and natural resource matters must formulate policies, set national goals and objectives for the protection of the environment, and develop water quality criteria and recommend minimum water quality standards to the National Environmental Management Authority (NEMA), amongst other responsibilities. The Cabinet Secretary can make regulations for the completion of environmental impact assessments and environmental audits. The National Environmental Management Authority is responsible for drafting the National Environmental Action Plan and for conducting environmental assessments where activities are likely to have an impact on the environment, amongst other responsibilities. The Water Resources Authority is responsible for formulating and enforcing standards, procedures and regulations for the management and use of water resources and flood mitigation; regulating the management and use of water resources; receiving and issuing water permit applications and enforcing the conditions of the permits; and for prescribing the criteria for classifying water resources for the purpose of determining water quality objectives for each class of water resource, amongst other responsibilities. The Water Services Regulatory Board prescribes national standards for the provision of water services and asset development for water services providers; evaluating and recommending water and sewerage tariffs; setting license conditions; accrediting water service providers; and monitoring, regulating and enforcing license conditions, amongst other responsibilities. County governments are required to establish water service providers responsible for providing water services and developing county assets for water service provision. The National Land Commission is responsible for making rules and regulations for the sustainable conservation of land based natural resources. The Agriculture and Food Authority administers the Crops Act and promotes best practices in the production, processing, marketing, grading, storage, collection, transportation, and warehousing of agricultural products excluding livestock products. The National Irrigation Board develops, controls, and improves national irrigation schemes in Kenya.
Every person is entitled to a clean and healthy environment and has the duty to safeguard and enhance the environment. Certain projects are required to undertake a full environmental impact assessment study and submit an EIA study report to the Authority before being issued a license. When an environmental impact assessment study is approved, the National Environment Management Authority issues an environmental impact assessment license. Every person in Kenya has the right to access water resources and the right to clean and safe water in adequate quantities and to reasonable standards of sanitation. Discharges of effluent must comply with standards established. The National Land Commission is prohibited from allocating public land if the public land is subject to erosion, floods, landslides, or water logging or is public land along watersheds, catchments, or reservoirs. Guidelines require the use of buffer zones to protect lakes and rivers.
Water resources are vested in and held by the national government in trust for the people of Kenya. A permit is required for any use of water or discharge of a pollutant into any water resource. The nature and volume of water use authorized by a permit must be reasonable and beneficial in relation to other persons using water from the same source. The use of water for domestic purposes takes precedence over the use of water for any other purpose. Persons who construct works without a permit or construct works in contravention of permit conditions commit an offense.
Persons may apply to a court for redress where they allege that a right to a clean and healthy environment is being or is likely to be denied, violated, or threatened. The court can make any order appropriate to prevent or stop any act or omission that is harmful to the environment. The National Environment Tribunal can hear appeals regarding the granting of licenses or the refusal to grant licenses as well as the inclusion of and compliance with permit conditions.
Environmental impact assessment licenses, effluent discharge licenses, and water use licenses can be revoked or suspended when the licensee contravenes the terms of the license or provisions of the Act and associated regulations. Any person who discharges pollutants into the aquatic environment in contravention of water pollution control standards is guilty of an offense and can be fined and/or imprisoned. Courts can issue an environmental restoration order against a person who has harmed, is harming or is likely to harm the environment. Persons who fail to comply with the terms of a land development order or a land preservation order can be fined and/or imprisoned.
ENERGY
Every person has the right to access any information related to the implementation of the Environmental Management and Coordination Act upon payment of a prescribed fee.
The Cabinet Secretary responsible for matters related to the environment and natural resources formulates policies, sets national goals and objectives, and determines policies and priorities for the protection of the environment. The Cabinet Secretary responsible for finance can adopt taxes or other fiscal incentives and disincentives to promote the proper management of the environment and use of other energy resources as substitutes for hydrocarbons. The Cabinet Secretary responsible for energy must develop a publish a national energy policy and energy plans for coal, renewable energy, and electricity. The Energy and Petroleum Regulatory Authority regulates the generation, importation, exportation, transmission, distribution, supply and use of electrical energy; the importation, refining, exportation, storage and sale of petroleum; and the production, conversion, distribution, supply, marketing and use of renewable energy, amongst other functions.
Contractors conducting upstream petroleum operations are required to prevent the pollution of any soil, air, biodiversity, water well, spring, stream, river, lake, reservoir, forest, wildlife, marine, estuary or harbor with the escape of petroleum, salt water, gas or other waste produce or effluent. The contractor is liable for any damage from pollution from these operations. The contractor is responsible for disposing of waste in accordance with the best petroleum industry practices in order to avoid environmental damage and prevent pollution. Any person generating, exporting, importing, transmitting, distributing, or supplying electricity must apply for a license.
Water resources are vested in and held by the national government in trust for the people of Kenya. A permit is required for any use of water or discharge of a pollutant into any water resource. The nature and volume of water use authorized by a permit must be reasonable and beneficial in relation to other persons using water from the same source. The use of water for domestic purposes takes precedence over the use of water for any other purpose. Persons who construct works without a permit or construct works in contravention of permit conditions commit an offense.
Persons may apply to a court for redress where they allege that a right to a clean and healthy environment is being or is likely to be denied, violated, or threatened. The court can make any order appropriate to prevent or stop any act or omission that is harmful to the environment. The National Environment Tribunal can hear appeals regarding the granting of licenses or the refusal to grant licenses as well as the inclusion of and compliance with permit conditions.
Contractors carrying out upstream petroleum operations are responsible for repairing any damage caused by their work or pay full and reasonable compensation for any loss suffered. Persons who use coal to generate electricity or transport coal without a license can be fined and/or imprisoned.
INFRASTRUCTURE
Every person has the right to access any information related to the implementation of the Environmental Management and Coordination Act upon payment of a prescribed fee.
The authorities for the Ewaso Ng’iro North River Basin, Ewaso Ng’iro South River Basin, the Tana and Athi Rivers Basin, and Lake Victoria have to construct any works deemed necessary for the protection and use of the water and soils of the area. The Cabinet Secretary for issues related to water is responsible for designating national public water works which may include water storage, water works for bulk distribution and provision of water services, interbasin water transfer facilities and reservoirs and for establishing waterworks development agencies in charge of developing, operating, maintaining and/or managing national public water works. The National Water Harvesting and Storage Authority develops national public water works for storage and flood control. The Water Services Regulatory Board prescribes national standards for the provision of water services and asset development for water services providers, monitors compliance with standards including the design, construction, operation, and maintenance of facilities, and inspects water works and water services.
An environmental impact assessment licenses are required for certain projects, such as those that involve wastewater and sewage treatment plants. An environmental impact assessment study must be completed to apply for an environmental impact assessment license. Permits are required for the use of water and construction of water works.
Persons may apply to a court for redress where they allege that a right to a clean and healthy environment is being or is likely to be denied, violated, or threatened. The court can make any order appropriate to prevent or stop any act or omission that is harmful to the environment. The National Environment Tribunal can hear appeals regarding the granting or refusal to grant licenses and decisions related to the terms of the conditions.
Environmental impact assessment licenses, effluent discharge licenses, and water use licenses can be revoked or suspended when the licensee contravenes the terms of the license or provisions of the Act and associated regulations. Any person who discharges pollutants into the aquatic environment in contravention of water pollution control standards is guilty of an offense and can be fined and/or imprisoned. Courts can issue an environmental restoration order against a person who has harmed or is harming or is likely to harm the environment.
NATURAL RESOURCES AND SERVICES
Every person has the right to access any information related to the implementation of the Environmental Management and Coordination Act upon payment of a prescribed fee.
The State must ensure sustainable exploitation, use, management and conservation of the environment and natural resources and ensure the equitable sharing of the accruing benefits. The Cabinet Secretary responsible for environmental and natural resource matters must formulate policies, set national goals and objectives for the protection of the environment, and develop water quality criteria and recommend minimum water quality standards to the National Environmental Management Authority (NEMA), amongst other responsibilities. The Cabinet Secretary can make regulations for the completion of environmental impact assessments and environmental audits. The National Environmental Management Authority is responsible for drafting the National Environmental Action Plan and for conducting environmental assessments where activities are likely to have an impact on the environment, amongst other responsibilities. The Water Resources Authority is responsible for formulating and enforcing standards, procedures and regulations for the management and use of water resources and flood mitigation; regulating the management and use of water resources; receiving and issuing water permit applications and enforcing the conditions of the permits; and for prescribing the criteria for classifying water resources for the purpose of determining water quality objectives for each class of water resource, amongst other responsibilities. The Water Services Regulatory Board prescribes national standards for the provision of water services and asset development for water services providers; evaluating and recommending water and sewerage tariffs; setting license conditions; accrediting water service providers; and monitoring, regulating and enforcing license conditions, amongst other responsibilities. County governments are required to establish water service providers responsible for providing water services and developing county assets for water service provision.
Every person is entitled to a clean and healthy environment and has the duty to safeguard and enhance the environment. Certain projects are required to undertake a full environmental impact assessment study and submit an EIA study report to the Authority before being issued a license. When an environmental impact assessment study is approved, the National Environment Management Authority issues an environmental impact assessment license. Every person in Kenya has the right to access water resources and the right to clean and safe water in adequate quantities and to reasonable standards of sanitation. Discharges of effluent must comply with standards established.
Water resources are vested in and held by the national government in trust for the people of Kenya. A permit is required for any use of water or discharge of a pollutant into any water resource. Water withdrawn for domestic purposes without using waterworks does not require a permit. The nature and volume of water use authorized by a permit must be reasonable and beneficial in relation to other persons using water from the same source. The use of water for domestic purposes takes precedence over the use of water for any other purpose. The quantity of water believed to be necessary for domestic purposes can be reserved in a water resource by the Authority.
Persons may apply to a court for redress where they allege that a right to a clean and healthy environment is being or is likely to be denied, violated, or threatened. The court can make any order appropriate to prevent or stop any act or omission that is harmful to the environment. The National Environment Tribunal can hear appeals regarding the granting or refusal to grant licenses and decisions related to the terms of the conditions.
Environmental impact assessment licenses, effluent discharge licenses, and water use licenses can be revoked or suspended when the licensee contravenes the terms of the license or provisions of the Act and associated regulations. Any person who discharges pollutants into the aquatic environment in contravention of water pollution control standards is guilty of an offense and can be fined and/or imprisoned. Courts can issue an environmental restoration order against a person who has harmed or is harming or is likely to harm the environment.
NATURAL AND MANMADE DISASTERS
The Board of the National Drought Development Authority is responsible for publishing important information. The Water Resources Authority formulates and enforces standards, procedures and regulations for the management and use of water resources and flood mitigation and regulates the management and use of water resources. The National Climate Change Council mainstreams climate change and approves and oversees the implementation of the National Climate Change Action Plan. The National Drought Development Authority coordinates all matters related to drought management, including implementing policies and programs related to drought management. Policies identify the expected role of different Ministries in preparing and responding to disasters and emergencies.
A state of emergency can be declared during a natural disaster. Limited guidelines are set forth for disaster response, management, and mitigation.
SANITATION, DRINKING WATER, HEALTH AND HYGIENE
There are limited requirements regarding equity and non-discrimination set forth in laws and policies. Every person has the right to access any information related to the implementation of the Environmental Management and Coordination Act upon payment of a prescribed fee.
The State is required to ensure sustainable exploitation, utilization, management and conservation of the environment and natural resources. The Cabinet Secretary for environmental matters is responsible for determining the policies and priorities for environmental protection and recommending measures for monitoring and controlling water pollution. The National Environment Management Authority is responsible for advising the Government on legislative and other measures for the management of the environment and drafting the National Environmental Action Plan. The Water Resources Authority is responsible for designing and enforcing standards, procedures, and regulations for the management and use of water resources and receiving and issuing water permit applications. The Water Resources Authority also establishes water quality standards for water resources. The Cabinet Secretary for matters related to water must formulate a Water Services Strategy. However, it is the county governments who are required to establish water service providers responsible for providing water services and developing the infrastructure necessary to provide water services. County governments are expected to plan for environmental sanitation services and to secure the financial resources necessary to develop sanitation services in rural and urban communities. Counties are also expected to adopt the legislation and bylaws necessary to ensure the provision of safe and adequate environmental sanitation services. The Water Services Regulatory Boards, at the county-level, are responsible for prescribing national standards for the provision of water services and asset development and regulating and enforcing license conditions and compliance with standards. The Board reviews applications and awards licenses to water service providers as well as maintains a registry of licensed water service providers. Local authorities are responsible for taking all necessary and reasonable practicable measures for maintaining its district at all times in clean and sanitary conditions, for preventing or remedying any nuisance or condition liable to be injurious or dangerous to health, and for taking all necessary and reasonable practicable measures for preventing any pollution dangerous to health of any supply of water, for purifying any supply which has become polluted, and for taking measures against any person polluting any supply or stream so as to be a nuisance or danger to health.
Every person has the right to a clean and healthy environment. Persons and entities, such as sewerage systems, are prohibited from discharging or disposing of wastes in such a way that pollutes the environment or causes ill health to any person. Persons are prohibited from causing a nuisance or owning or occupying land or premises that create a nuisance or are dangerous to health. Persons are also prohibited from acting directly or indirectly to cause water pollution, irrespective of whether the water resources were polluted before the enactment of the Act. A license is required to discharge effluent.
Policies encourage the achievement of universal access to improved sanitation and a clean and healthy environment. To increase coverage of these services, private sector participation, investment in creating sanitation demand, enabling a legal and regulatory environment, strengthening governance, and establishing an effective monitoring and evaluation framework are identified as critical policy objectives.
If a person alleges that a right to a clean and healthy environment is being or is likely to be denied, violated, infringed, or threatened, the person may apply to a court, such as the Environment and Land Court, for redress. They can make any order to prevent or stop any act or omission that is harmful to the environment, to require a public officer to take steps to prevent the act or omission, or to provide compensation for any victim whose right to a clean and healthy environment has been violated. Any person can bring such a claim; they do not have to have personally experienced the violation. A National Environment Department is also established as a committee of the National Environmental Management Authority which is responsible for investigating any allegations or complaints against any person or the Authority with respect to the condition of the environment. A National Environmental Tribunal hears appeals regarding the granting of licenses and permits. Appeals from the Tribunal are heard by the Environment and Land Court. The Regulatory Board can inquire into any complaint made to it or on the basis of information received by a county government and is generally responsible for enforcement. The Board can impose a special regulatory regime, such as enhanced monitoring and reporting, on any water services provider if it finds failures. The county government is responsible for monitoring and enforcing regulations applicable to water service providers; however, if they fail to act, the Regulatory Board can step in to enforce the regulations.
Persons who discharge pollutants in violation of water pollution control standards or contravenes any environmental standard are guilty of an offense and can be fined and/or imprisoned. They can also be required to pay remediation costs. Effluent discharge licenses may also be cancelled by the National Environmental Management Authority for contraventions of the Act, regulations issued under the Act, or conditions in a license. The National Environmental Management Authority may appoint environmental inspectors responsible for monitoring compliance with the environmental standards and conducting environmental audits. Environmental inspectors can institute criminal proceedings against any person. Persons who hinder or obstruct an environmental inspector in the fulfillment of their responsibilities can be fined and/or imprisoned. Furthermore, failure to comply with an environmental restoration order, an environmental conservation order, or order of the Tribunal can be fined and/or imprisoned. The Water Resources Authority can cancel or revise a permit if the permit holder contravenes the conditions of the permit. The Regulatory Board can revoke the licenses of water service providers for obtaining the license through fraud, for ceasing to meet the licensing criteria, for failing to provide the services they were licensed to provide, for becoming insolvent, or for failing to comply with any license conditions. Offenses committed under the Water Act can be penalized with fines and/or imprisonment. Further, failure to comply with the requirements of a medical officer of health can result in fines.
THE GLOBAL ECONOMY
The Minister for matters related to tourism must release a national tourism strategy every five years. The strategy must address how to mitigate the adverse impacts of climate change on tourism. Certain goods can be excluded from export processing zones that may be harmful to the public interest, health, or safety.
A license is required for persons to undertake tourism activities or services. Fiscal incentives and disincentives can be used to promote sustainable development. Persons are prohibited from polluting designated tourism development areas. Export processing zone enterprise licenses are required and can only be granted where the business enterprise will not deleteriously impact the environment or create a health hazard.
Licenses granted for undertaking tourism activities or services can be suspend for contravening a provision of the Tourism Act.
PEACE AND CONFLICT
Partner States in the Lake Victoria Basin must mainstream gender concerns in decision-making, policy formulation, and implementation of projects and programs.
The National Environment Management Authority is required to develop legislation that will give effect to international treaties, conventions, and agreements. Other bodies have been established to govern and oversee the management of shared waters including the Lake Basin Development Authority, Lake Victoria Basin Commission, the Nile River Basin Commission, and the Indian Ocean Tuna Commission. These bodies are focused on reducing the impact of one state’s use of shared waters on another riparian state’s use.
Partner states in the Lake Victoria Basin are required to harmonize their water quality standards, while partner states on the Nile River Basin must take appropriate measures to protect the Nile River basin and protect and improve the water quality of the Basin.
Partner states in the Lake Victoria Basin agree to use the water resources within their territories in an equitable and reasonable manner and is entitled to an equitable and reasonable share in the beneficial uses of the shared water resources. Nile Basin States commit to use water resources in the Nile River System in an equitable and reasonable manner and is entitled to an equitable and reasonable share in the beneficial uses of the water resources of the shared waters. Several factors have to be considered when determining whether the use is equitable and reasonable including climactic and hydrological factors, the social and economic needs of partner states, the effects of water use in one state on other states, and existing and potential future uses of resources, amongst others.
In the Lake Victoria Basin, disputes are resolved through negotiation. Nile Basin States must peacefully resolve disputes using negotiation or mediation by the Nile River Basin Commission or other third party. Basin States can also submit their dispute to arbitration or the International Court of Justice. If the dispute remains unresolved after six months the dispute must be submitted to an impartial fact-finding commission. Article 34.
Nile Basin States, where a significant harm is caused, are responsible for eliminating the harm and paying compensation. The Partner States in the Lake Victoria Basin are responsible for recovering the costs of any pollution caused by polluters and using the costs revered to remove the pollution.
NATIONAL SECURITY
The Constitution creates several national security organs. National security is defined as protection against internal and external threats to Kenya’s territorial integrity and sovereignty, its people, their rights, freedoms, property, stability and prosperity and other national interests.
GOVERNANCE
Kenya is a multi-party democratic State composed of 47 counties. The county executive bodies are responsible for determining the organization of the counties and its departments. The county functions and services should be devolved to urban areas ad cities, sub-counties, wards, and village units.
The sovereign powers of the people are to be exercised at the national and county levels. Sovereign power is delegated to Parliament and the legislative assemblies in the county governments, the national executive and the executive structures in the county governments, and the Judiciary and independent tribunals. The national government has exclusive authority over issues such as consumer protection, national public works, housing policy, land planning, environmental protection, energy policy, agricultural policy, and health policy. The functions and powers of county governments include agriculture, control of air pollution and other public nuisances, trade development and regulation, county public works and services, and county planning and development.
The legislative authority is vested in and exercised by Parliament. Only Parliament has the power to make laws except as granted by the Constitution and by legislation. Parliament is made up of the National Assembly, which represents the people of the constituencies, and the Senate, which represents the counties. Parliament shall exercise its legislative power through Bills passed by Parliament and approved by the President.
The executive authority derives from the people of Kenya. The national executive comprises the President, the Deputy President, and the rest of the Cabinet. The President is the Head of State and Government. The President may nominate and appoint with the approval of the National Assembly Cabinet Secretaries and Principal Secretaries. The Cabinet consists of the President, the Deputy President, the Attorney General and no fewer than 14 and no more than 21 Cabinet Secretaries. Cabinet Secretaries cannot be a Member of Parliament. Any decision by the Cabinet must be in writing.
Judicial authority is derived from the people. The Judiciary shall only be subject to the Constitution and the law. The Judiciary consists of the judges of the superior courts, magistrates, other judicial officers, and staff. The superior courts are the Supreme Court, the Court of Appeal, and the High Court. The subordinate courts are the Magistrate courts, the Kadhis courts, the Courts Martial and any other court or local tribunal as may be established by Parliament.
Each county must have a county government consisting of county assembly and a county executive. Each county shall decentralize its functions to the extent that it is efficient and practicable. The executive authority is vested in a county executive committee composed of a county governor, deputy county governor, and members appointed by the county governor from persons who are not members of the assembly. Appointments must be approved by the assembly. A county executive committee is responsible for implementing county legislation, implementing national legislation within the county, managing, and coordinating the functions of the county administration and its departments, and performing any other duties granted by the Constitution or legislation. A county executive committee may prepare legislation for consideration by the county assembly. The legislative authority is vested in the county assembly who is allowed to make laws that are necessary for the effective performance of its functions and exercise of its powers.
The Constitution creates several constitutional rights, including the rights to equal protection and non-discrimination, the rights to life and dignity, the right to access information held by the State necessary to exercise or protect a right or fundamental freedom, the right to a clean and healthy environment, the right to reasonable standards of sanitation, and the right to clean and safe water in reasonable quantities. Persons also have the right to have legal disputes resolved by an independent, impartial court.