Development in Compliance and Enforcement Management

Kenya is faced with several environmental challenges, i.e.
About 57% of Kenya’s 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.
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
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.
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
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;
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
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.
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.
Part III, Section 9(m) of EMCA (1999)
mandates NEMA to undertake, in cooperation 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
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
In order to enhance compliance, NEMA pursued
enforcement programs that aimed at achieving
◦ Change of behaviour of the offender and deter future
◦ Restore the harm caused by the offence by ensuring
that remedial action is taken to protect the
◦ 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.
Challenge of powers of arrest of
environmental criminals
 Working with the Police enhanced the
Authority’s enforcement efforts.
 Thus creation of a NEMA Police Unit.
 Targeted enforcement achieved
substantial compliance from the
regulated community
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
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
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
Lesson learnt is that no one particular
compliance approach achieves the required
A proper mix of all the approaches is
Though from the Kenya perspective
compliance assistance has a chance of great
success in the current global trend