Environmental matters in Kenya are governed by the Environmental Management and Co-ordination Act (EMCA) 1999. The Act provides for the establishment of an appropriate legal and institutional framework for the management of the environment and for matters connected therewith and incidental to the environment.
The body mandated with general supervision and co-ordination over all matters relating to the environment and to be the principal instrument of Government in the implementation of all policies relating to the environment is the National Environment Management Authority (NEMA).
An Environmental Impact Assessment, commonly referred to as EIA is an environment management tool that is used to assess the social, economic and environmental impacts of a proposed project.
It is a legal requirement under the Environmental Management Coordination Act for projects under listed Second schedule of the Act. They include: urban development, transportation, quarrying and mining, water resources, agriculture, processing and manufacturing industries, waste disposal, natural conservation, infrastructure among others.
An Environmental Impact Assessment also assists the developer modify the project based on the findings of the study in order to reduce the environmental impacts to the benefit of the developer and the environment.
It is illegal to undertake any project for which an EIA is mandatory without an approved EIA report. NEMA, the regulating authority in matters of environment in Kenya, can obtain an order to stop the project and take legal action for non-compliance with the law.
Consultancy fees to prepare Environmental Impact Assessment Reports depend on the nature and scope of project. NEMA also charges a submission fee equivalent to 0.1% of the cost of the project (Based on the Bill of Quantities), minimum being Kshs. 10,000.00.
Environmental auditing is an environmental management tool for assessing the environmental impacts of an entity’s activities and processes against a set criteria or standards. It is used to help in improving existing human activities, with the aim of reducing the adverse effects of these activities on the environment.
Environmental Impact Assessments and Environmental Audits should be conducted by individual experts or a firm of experts licensed by NEMA. Ecocare Africa is a duly registered Firm of Experts.
The safety and health of workers in the workplace is governed by the Occupational Safety and Health Act, 2007 – Commonly referred as OSHA. The main objective of the Act is to provide for the safety, health and welfare of workers and all persons lawfully present at workplaces.
The Directorate of Occupational Safety and Health Services (DOSHS) is responsible for the administration of this Act
According to the Occupational Safety and Health Act 2007, workplace includes any land, premises, location, vessel or thing, at, in, upon, or near which, a worker is, in the course of employment. The Act requires all workplaces to be registered and be entered in the Register of Workplaces by the Director of Occupational Safety and Health and an annual renewal of the same.
The Occupational Safety and Health Act 2007 requires all workplaces to conduct and submit a health and safety audit report to the Directorate of Occupational Safety and Health Services (DOSHS) annually. All workplaces are also required to conduct a Safety and Health Risk Assessment.
Rule 36 of the Fire Risk reduction Rules, 2007 (Subsidiary to OSHA, 2007) requires all workplaces to submit a fire safety audit annually, which should be conducted by a registered Fire Safety Advisor.
Health and safety audits are conducted by consultants licensed by the Directorate of Occupational Safety and Health Act and subsidiary legislation
A health and safety policy sets out an entity’s general approach and commitment together with the arrangements in place for managing health and safety at the workplace. The Occupational Safety and Health Act 2007 requires the occupiers of all workplaces to formulate, and display a Safety and Health Policy Statement.
Energy management is the process of monitoring, controlling, and conserving energy in a premises or organization with the aim of managing energy use and costs and reduce emissions that adversely affect the environment.
Energy management in Kenya is governed by the Energy (Energy Management) Regulations 2012, issued under the Energy Act 2006.
An Energy Audit refers to the inspection, survey and analysis of energy flowing a building, process or system as a first step in identifying opportunities to reduce energy expense and carbon footprints.
The law demands that any facility (institutional, commercial or industrial) consuming 180,000 kilowatt-hours (kWh) or 600,000megajoules (MJ) of any form of energy per year to carry out mandatory energy audit every three years beginning 2012.
The law requires that, energy audits be carried out by an energy auditor duly licensed by the Energy Regulatory Commission.