EIA Country Report for Kenya

Legal Framework
State, Country or Province: 
Kenya
EIA law: 
Environmental Management and Co-Ordination Act, 1999 ("EMCA")
EIA Regulations: 
The Environmental (Impact Assessment and Audit) Regulations, 2003
EIA Procedure
Projects Requiring EIA: 
Government projects
Projects Requiring EIA: 
Private projects
Abridged Assessments: 
Yes
Assessments Detail: 
Project proponent must submit a report that includes information about: the nature of the project; design and activities; the potential environmental impacts and mitigation measures to be taken during and after implementation; an action plan for prevention and management of possible accidents; a plan to ensure health and safety of workers and nearby communities. The report must be prepared by a registered EIA expert. The Authority has 45 days to review the report and determine whether an EIA is warranted. EIA Regulations secs. 7-10.
Best Practices in Lieu of EIA: 
No
Who Conducts Screening: 
Government
Who Conducts Screening Detail: 
Project proponent submits a project report to the Authority. Within 45 days the Authority must decide whether the proponent must prepare an EIA study. EIA Regulations (2003) secs. 7-10
Criteria for Screening: 
List or appendix of project or activity types
Criteria for Screening: 
Proposed project or activity may cause significant environmental impact
Criteria for Screening: 
Other
Criteria for Screening Detail: 
EMCA sec. 58(1) + Second Schedule; EIA required for any activity that "may introduce exotic species" or "lead to unsustainable use of any ecosystem." EMCA Regulations (2006) sec. 4; see also EIA Regulations (2003) sec. 4
Who Prepares EIA: 
Project Proponent (with or without contractor)
Who Prepares EIA Detail: 
The proponent of a project shall undertake or cause to be undertaken at his own expense an environmental impact assessment study . . . .” EMCA sec. 58(2)
Who Pays for EIA: 
Project Proponent
Who Pays for EIA Detail: 
The proponent of a project shall undertake or cause to be undertaken at his own expense an environmental impact assessment study . . . .” EMCA sec. 58(2)
EIA Contractor Qualifications: 
Yes
EIA Contractor Qualifications Detail: 
EIA shall be conducted by "individual experts or a firm of experts authorised in that behalf by the Authority." EMCA Act sec. 58(5); EIA Regulations (2003) sec. 14 + Fourth Schedule
Conflict of Interest: 
Yes
Conflict of Interest Detail: 
An EIA expert may be de-registered for contravening the code of practice issued by the Authority. EIA Regulations (2003) sec. 14(5)
Terms of Reference (TOR): 
Yes
Terms of Reference Detail: 
An EIA “shall be conducted in accordance with terms of reference developed during the scoping exercise by the proponent and approved by the Authority.” EIA Regulations (2003) sec. 11(1).
Days for Decisionmaker Review: 
90
Automatic Approval: 
Yes
Automatic Approval Detail: 
Any person who upon submitting his application does not receive any communication from the Director-General within the stipulated time may within nine months of such submission start his undertaking. EMCA sec. 58(9)
Written Decision: 
Yes
Written Decision Detail: 
EIA Regulations (2003) sec. 23(2)
Authority to Impose Conditions: 
Yes
Authority to Impose Conditions Details: 
The Authority issues an environmental impact assessment license "on such terms and conditions as may be appropriate and necessary to facilitate sustainable development and sound environmental management." EMCA sec. 63, see also EIA Regulations (2003) sec. 24
Expiry of Decision: 
Indefinite
Expiry of Decision Detail: 
The Authority may request a fresh EIA if the project changes, the project poses a new environmental threat, or it is established that the EIA was false, inaccurate or intended to mislead. EMCA sec. 64(1)
Financial Assurances or Bond: 
Sometimes
Financial Assurances Detail: 
A bond is not automatically required. The Minister responsible for finance may, on the recommendations of the Council, prescribe that persons engaged in activities or operating industrial plants and other undertakings . . . pays such deposit bonds as may constitute appropriate security for good environmental practices." EMCA sec. 28(2)
EIA Content
Interdisciplinary Team: 
No
Range of Alternatives: 
Yes
Range of Alternatives Detail: 
EIA study must identify and analyze alternatives to the proposed project. EIA Regulations (2003) sec. 16(b)
No Action Alternative: 
No
No Action Alternative Detail: 
Not mentioned in the Law or Regulations. May be referred to in general/sectoral guidelines.
Type(s) of Impact Analysis: 
Direct environmental impacts
Type(s) of Impact Analysis: 
Cumulative environmental impacts
Type(s) of Impact Analysis: 
Social impacts
Type(s) of Impact Analysis: 
Cultural impacts
Type(s) of Impact Analysis: 
Health impacts
Type(s) of Impact Analysis: 
Economic impacts
Mitigation: 
Yes
Mitigation Detail: 
The EIA report shall propose mitigation measures to be taken during and after implementation of the project. EIA Regulations (2003) sec. 16(d)
Monitoring Plans: 
Yes
Monitoring Plans Detail: 
The EIA "shall develop an environmental management plan with mechanisms for monitoring compliance and environmental performance . . .". EIA Regulations (2003) sec. 16(d)
Access to Information
Draft EIA Available: 
No
Draft EIA Locations: 
Other
Public Notice of Final EIA: 
Yes
Public Notice of Final EIA Detail: 
Upon receipt of environmental impact assessment study report the Authority must publish notice for two successive weeks in the Gazette and in a newspaper circulating in the area of the proposed project. An announcement must be made via radio in official and local languages at least once a week for two successive weeks. EMCA sec. 59(1); EIA Regulations (2003) sec. 21(2)
Final EIA Available: 
Yes
Final EIA Available Detail: 
EIA study must include times & place where the full report can be inspected. EIA Regulations (2003) sec. 21(3)(d)
Final EIA Locations: 
Agency or ministry office
Fee to View EIA Documents: 
No
Fee to Obtain EIA Documents: 
No
Availability of Reference Studies: 
Yes
Availability of Reference Studies Detail: 
"Information or documents submitted to the Authority by any person in connection with an environmental impact assessment . . . shall be made available to the public on such terms and conditions as the Authority may prescribe." EIA Regulations (2003) sec. 29
Public Notice of Final Decision: 
Yes
Public Notice of Final Decision Detail: 
"Information or documents submitted to the Authority in connection with an environmental impact assessment together with the Authority's decision and the reasons thereof shall be made available to the public on such terms and conditions as the Authority may prescribe." EIA Regulations (2003) sec. 29
Public Participation
Public Scoping: 
Yes
Public Scoping Detail: 
During preparation of the EIA report (not beforehand), the project proponent shall hold at least three public meetings with the affected parties and communities to explain the project and its effects, and to receive their oral or written comments. EIA Regulations (2003) sec. 17(2)(b)
Public Review of TOR: 
No
Public Participation Opportunities: 
Scoping
Public Participation Opportunities: 
Public meetings and/or public hearings
Public Participation Opportunities: 
Review of final EIA
Public Meetings: 
Yes
Public Meetings Detail: 
Public meetings are held during preparation of the EIA report (see "Scoping") as well as after the proponent submits the EIA report to the Authority. The public meeting held by the Authority is discretionary. EIA Regulations (2003) sec. 22(1)
Public Input at Meeting: 
Yes
Public Input at Meeting Detail: 
EIA Regulations (2003) sec. 17
Criteria to Hold Public Meeting: 
Public meeting and/or hearing is automatically required
Days for Public to Review Draft EIA: 
0
Days for Public to Review Final EIA: 
90
Public Comments on Draft EIA: 
No
Public Comments on Final EIA: 
Yes
Public Comments on Final EIA Detail: 
The public has 90 days from the date that notice of the availability of the EIA is published to submit oral or written comments on the EIA study. EMCA sec. 59(1)(d)
Response to Public Comments: 
Yes
Response to Public Comments Detail: 
In making a decision, the Authority shall consider interested parties' comments. EIA Regulations (2003) sec. 23(3)(b). There is no requirement that the Authority or project proponent respond to public comments.
Facilitation of Public Participation: 
Yes
Facilitation of Public Participation Detail: 
Proponent shall ensure that a qualified coordinator is appointed to receive and record public comments and any translations thereof. EIA Regulations (2003) sec. 17(2)(d). Radio notice must be in the local language of the community. 2003 Reg 22(3)(b).
Judicial Review/Enforcement
Citizen Administrative Review: 
No
Citizen Judicial Review: 
Yes
Citizen Judicial Review Detail: 
"Any person aggrieved by a decision or order of [the] Authority of an environmental impact assessment licence, may within 60 days of such a decision or order, appeal against such decision or order to the High Court." EIA Regulations (2003) sec. 46(2)
Project Monitoring: 
Yes
Project Monitoring Detail: 
The Authority is required to carry out an environmental audit of all activities that are likely to have a significant effect on the environment. EMCA sec. 68(1). Owner or operator of project shall prepare and submit an environmental audit report to the Authority annually (or more frequently if the Authority requires). ECMA sec. 68(3). See also Part V of EIA Regulations (2003) ("Environmental Audit and Monitoring")
Enforceability of EIA: 
No
Enforceability of Permit: 
Yes
Enforceability of Permit Detail: 
A person can bring suit in the High Court when her or his right to a clean environment is being or is likely to be contravened, regardless of whether she or he can show personal injury. EMCA Part II.
   Updated 26 Mar, 2012