KENYA

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KENYAS EXPERIENCE ON COMPLIANCE APPROACHES

• ROBERT ORINA
• CHIEF ENFORCEMENT OFFICER
• NEMA-KENYA

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Introduction

• Kenya is faced with several environmental
  challenges, i.e.
• About 57 of Kenyas pop. live below the poverty
  line, and are largely victims of environmental
  degradation or the cause.
• Unsustainable management practices of ecosystems
  and their inherent biodiversity.
• Inadequate awareness and low social
  responsibility on environmental matters.
• Increased pollution and environmental degradation
  arising from growing use of fossil and wood fuel
  energy.
• Current renewable surface water is 650m³ per
  capita expected to reduce to 250m³ when the
  population reaches the projected 60 million in
  2025 far below the global recommended of 1000m³.
• Mitigating adverse environmental effects of
  tourism particularly on the coastline ecosystems
  and national parks.

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Introduction Contd..

• Rapid rural-urban migration occasioning
  increasing slum settlements and the consequent
  environmental problems of overcrowding, poor
  waste disposal
• The need to educate over 1 million SMEs that
  produce 60 of industrial waste on pollution and
  resource depletion.
• The attendant impacts of existing and emerging
  mines, including sand harvesting and quarrying.
• Chemicals such as nitrates, nitrites,
  polychlorinated biphenyls (PCBs), dioxins,
  pesticides, DDT and heavy metals entering the
  ecosystems adversely affecting human health and
  the environment.
• Solid waste accumulation, 60 not disposed of at
  designated sites while only 32 of 174 local
  authorities have some form of sewage collection
  and disposal infrastructure.
• Population pressure, including influx of
  refugees, precipitating further degradation of
  natural resources.

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Dandora Dumpsite
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NEMA endeavour to respond to these challenges
through

• Enforce environmental regulations with
  sensitivity, but demonstrating to the public high
  vigilance and low tolerance
• Promote partnerships and joint initiatives with
  our lead agencies, private and NGO sectors to
  enhance complementarities and synergy
• Encourage stakeholders commitment to bring about
  positive environmental impacts
• Foster sustainability by ensuring that
  environmental costs and benefits are fully
  reflected in socio-economic decisions
• Recognise and reward best environmental practices
  at all levels
• Promote wise use of natural resources, including
  diversification into renewable energy sources
• Communicate environmental information, including
  changes and trends to all stakeholders

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ENVIRONMNETAL GOVERNANCE

• Environmental governance in Kenya and in the
  region has changed from sectoral engagement on
  specific environmental legislation to the
  framework environmental laws which provides a
  coordinating role
• The environmental legal framework in Kenya
  created governance institutions such as NEMA
  whose responsibility is supervision and
  coordination over all matters relating to the
  environment

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Cont.

• NEMA came up with several regulations as tools to
  change behavior towards good environmental
  practices.
• In pursuit to meeting its obligation of ensuring
  a clean and healthy environment for all, NEMA
  uses voluntary, regulatory and market-based
  approaches to encourage compliance to
  environmental requirements.
• NEMA is privy to the fact that alone it cannot
  solve the environmental problems and challenges
  of our time.

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• Therefore the engagement of a wide range of
  stakeholders, in particular the citizens, is key
  to achieving real results.
• The strong regulatory framework provides good
  opportunities to citizens to challenge actions
  that violate environmental law in general whether
  these violations are by public authorities,
  private enterprises or individuals.

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2. COMPLIANCE PROMOTION

• Part III, Section 9(m) of EMCA (1999) mandates
  NEMA to undertake, in co-operation with other
  lead agencies, programs intended to enhance
  environmental education and public awareness on
  the need for sound environmental management
• Kenya uses this approach to create awareness on
  the new environmental requirements

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Cont.

• This approach succeeded in creating awareness on
  the environment as demonstrated by the Kenya
  citizens overwhelming demand for inclusion into
  the Constitution.
• However, awareness alone does not necessarily
  lead to compliance and adoption of the standards

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Awareness
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7. ENFORCEMENT

• In order to enhance compliance, NEMA pursued
  enforcement programs that aimed at achieving
• Change of behaviour of the offender and deter
  future non-compliance,
• Restore the harm caused by the offence by
  ensuring that remedial action is taken to protect
  the environment
• Bring under regulatory control/secure compliance
  with a regulatory regime and/or
• Prevent, stop or restrict the activity
• Due to limited resources, NEMA adopted risk based
  management approach in enforcement.

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Cont.

• Challenge of powers of arrest of environmental
  criminals
• Working with the Police enhanced the Authoritys
  enforcement efforts.
• Thus creation of a NEMA Police Unit.
• Targeted enforcement achieved substantial
  compliance from the regulated community

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Prosecution trends
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Enforcement challenges

• Investigation challenges.
• Inadequate personnel and equipments
• Complex nature of environmental crimes -The
  process is tedious and rigid
•  Inadequate time frame for investigation by the
  officers
•  Undue pressure and coercion during
  investigations
•  
• Prosecution challenges.
• Low penalties in our courts
•  
• Time taken to determine the case
•  
• Insufficient evidence due to time limit
•  
• Lack of Environmental awareness and consciousness
  by the judicial officers

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MARKET BASED APPROACH

• Requirements by money lending institutions for
  NEMA compliance
• This ensured that those projects that required
  loans for financing had to comply with
  environmental requirement.
• Awards system- COYA awards, Green economy awards

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COMPLIANCE ASSISTANCE

• Activities that NEMA conducted that helped the
  regulated community to comply
• Through partnership with Cleaner Production
  Center, NEMA helped several industries in the
  lake Region to adopt resource efficiency
  technologies that ensured less wastage thus less
  pollution.
• This approach was used to address the industrial
  pollution challenges and unsustainable
  consumption patterns facing the Lake Victoria
  Basin
• Industries that adopted the above technologies
  recorded high profits and at the same time
  complied with NEMA standards.
• Through this approach NEMA was able to secure
  commitment from top management of these
  industries thus ensuring sustainable compliance

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CONCLUSION

• Lesson learnt is that no one particular
  compliance approach achieves the required results
• A proper mix of all the approaches is necessary
• Though from the Kenya perspective compliance
  assistance has a chance of great success in the
  current global trend

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THANK YOU FOR YOUR ATTENTION ANY COMMENTS AND
QUESTIONS?