dc.description.abstract | This study focuses on the Environmental Impact Assessment as a means of achieving
sustainable development in Kenya. Environmental Impact Assessment (EIA) is one of the
available environmental management tools used to facilitate sound integrated decision-
making where environmental considerations are explicitly and systematically taken into
account in the planning and development process.
Prior to 1999, there was no legal framework that governed the EIA process in Kenya. The
National Environment Secretariat (NES) administered the EIA process. through
administrative structures. NES had no legal basis or legal authority for requiring an EIA
to be carried out. However, from January 2000, Environmental Impact Assessment
became a mandatory legal requirement in Kenya for specified projects likely to have
significant adverse impacts on the environment through the enactment of the
Environmental Management and Co-ordination Act, 1999. The Environmental (Impact
Assessment and Audit) Regulations, 2003 give details of how the EIA should be carried
out and administered by NEMA.
The study examines the legal provisions on EIA process and sustainable development and
takes a critical look at three requirements which make the EIA effective, that is, public
participation in the EIA process, inter-sectoral co-ordination, and consideration of
alternatives, especially of project sites. It also examines how the EIA has been
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implemented in Kenya. It exammes the capacity of NEMA to enforce the EIA
requirements. This has enabled the author to determine whether the EIA process has
contributed towards enhancing sustainable development in Kenya.
The study is divided into five chapters. The first chapter is the introduction of the study.
The chapter gives the statement of the problem and the methodology used in the study. It
also states the objectives, the justification and limitations of the study. It defines the
conceptual framework upon which the study is premised. Most importantly, the chapter
defines the terms "Environmental Impact Assessment" and "Sustainable Development"
The second chapter looks at the objectives and purposes of EIA. It also discusses the
concept of sustainable development and how EIA enhances sustainable development.
The chapter closes by looking at EIA and sustainable development in the Kenyan context.
The third chapter looks at the modalities that were used by NES to promote the carrying
out EIA without any legal basis. It also evaluates the performance of NES to assess
whether it enhanced sustainable development in Kenya. The chapter also discusses the
legal and institutional framework governing the EIA process in Kenya since the
enactment of EMCA in 1999.1 The provisions of Environmental (Impact Assessment
and Audit) Regulations, 20032 on public participation, inter-sectoral co-ordination and
consideration of analysis of alternative project sites are also discussed.
I Act No.8 of 1999 (Government Printers, Nairobi, 1999).
2 Legal Notice No. 101 (Kenya Gazette Supplement No. 56, Legislative Supplement No. 31) of 13th June,
2003.
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The fourth chapter analyzes the practical implementation by NEMA of the ErA
requirements as stipulated by the law. In particular, it discusses the implementation of
public participation, inter-sectoral co-ordination and consideration of analysis of
alternative project sites on the ground by NEMA. The chapter also carries an
examination of the capacity of NEMA to ensure strict implementation of the ErA
requirements. It closes by looking at the appellate process for persons aggrieved by the
decisions of NEMA in relation to the EIA process and analyzes some case law arising
from the ErA process.
Finally, the fifth chapter discusses the conclusion and recommendations of the study. | en |