Kenya's Environmental Regulatory Bodies

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As of June 2013, there are two institutions governing the upstream petroleum sector with respect to environmental issues, namely: the Ministry of Environment and Mineral Resources and the National Environmental Management Authority (NEMA) managed thereunder.[1][2]

Ministry of Environment and Mineral Resources

According to the Ministry's homepage, its manadate is to "promote, monitor, conserve, protect and sustainably manage the environment and mineral resources for national development."[3]

Organisation

The ministry is comprised of the National Environment Management Authority, the Kenya Meteorological Department, the Mines and Geology Department and the Department of Resource Surveys and Remote Sensing.[4]

Functions

The core functions of the Ministry are:[5]

  • formulation, analysis and review of environment and natural resource policies
  • sustainable management of mineral resources and the conservation of Kenya's environment
  • continuous development of a geo-database for integrated natural resource and environmental management systems
  • research and dissemination of research findings on land resources and geology
  • the conducting geological surveys, mineral explorations and the regulation of mining activities
  • promotion, monitoring and coordination of environmental activities and ensuring compliance with environmental regulations and guidelines thereof
  • meteorological services

NEMA

The National Environment Management Authority (NEMA) was established under the Environmental Management and Coordination Act (EMCA) 1999 as the main government agency responsible for the implementation of policies relating to environmental issues.[6] It is part of the Ministry of Environment, Water and Natural Resources.[7]

The Authority became operational on 1 July 2002 following the merger of three government departments, namely: the National Environment Secretariat, the Permanent Presidential Commission on Soil Conservation and Afforestation and the Department of Resource Surveys and Remote Sensing which returned to its departmental status under the then Ministry of Environment and Mineral Resources in March 2003.[8]

Organisation

NEMA is devided into six departments and one sub-department:[9]

  • the Directorate
  • the Compliance and Enforcement Department
  • the Environmental Planning and Research Coordination Department
  • the Department of Environment Education, Information and Public Participation
  • the Legal Services Department
  • the Finance and Administration Department
  • the Coastal, Marine and Fresh Water Sub-Department

According to NEMA's Strategic Plan of 2010, the organisation is administered by a Board of Management consisting of a Chairman and Director General appointed by Kenya's president and 12 further board members, seven of whom are appointed by the Minister of Environment.[10] The main functions of the Board are to formulate policy and to ensure that the Authority focuses on its role in the national agenda. It also supervises NEMA's administration and management of resources.[11]

Functions

According to NEMA's homepage, the Authority has the following functions:[12]

  • identifying projects and programmes for which environmental audits or environmental monitoring must be conducted under the EMCA (1999)
  • coordinating, monitoring and assessing environmental management activities undertaken by Kenya's lead agencies
  • promoting the integration of environmental considerations into development policies, plans, programmes and projects
  • taking stock of Kenya's natural resources (including land), their utilization and conservation
  • establishing and reviewing land use guidelines
  • advising the Government on legislative and other measures for the management of the environment or the implementation of relevant international conventions, treaties and agreements
  • undertaking environmental education and public awareness programmes in cooperation with relevant lead agencies

References

  1. Kenya Petroleum Sector Scoping Study”. Sustainable Integrity GmbH, retrieved 5 November 2013.
  2. Executive Summary: Kenya Petroleum Sector Scoping Study”. Sustainable Integrity GmbH, April 2013.
  3. About the Ministry”. Ministry of Environment, Water and Natural Resources, retrieved 6 November 2013.
  4. About the Ministry”. Ministry of Environment, Water and Natural Resources, retrieved 6 November 2013.
  5. About the Ministry”. Ministry of Environment, Water and Natural Resources, retrieved 6 November 2013.
  6. Establishment of NEMA”. National Environmental Management Authority - Kenya (NEMA), retrieved 6 November 2013.
  7. About the Ministry”. Ministry of Environment, Water and Natural Resources, retrieved 6 November 2013.
  8. Establishment of NEMA”. National Environmental Management Authority - Kenya (NEMA), retrieved 6 November 2013.
  9. NEMA Departments”. National Environmental Management Authority - Kenya (NEMA), retrieved 6 November 2013.
  10. Revised Strategic Plan 2010-2013”. National Environmental Management Authority - Kenya (NEMA), March 2010.
  11. Revised Strategic Plan 2010-2013”. National Environmental Management Authority - Kenya (NEMA), March 2010.
  12. Functions”. National Environmental Management Authority - Kenya (NEMA), retrieved 6 November 2013.