EIA is carried out by an Environmental Impact Assessment/ Environmental Audit (EIA/EA) expert duly registered and licensed by the National Environment Management Authority (NEMA). Depending on the project type, the consultant must submit one of three reports for the proponent (developer). The EIA process in Kenya is relatively straightforward.
Under Kenya’s environmental laws, Environmental Impact Assessment is required for all projects that are likely to have a negative efect on the environment. The law classifies these projects into three groups according to the seriousness of their likely efects, namely: Low Risk, Medium Risk, and High-Risk projects.
It can be accessed at any NEMA ofice or from the NEMA website (). Once the assessment is carried out, the report is submited to NEMA for processing. NEMA reviews the report and decides whether to allow or not allow the project to proceed. 1.4 Why is Environmental Impact Assessment carried out?
For the low and medium risk projects, the owner is supposed to submit a summary project report of the likely environmental efect of the project to NEMA. EIAs help shape the management of environmental, social and human rights impacts for the life of the mine project.
EIA is a legal requirement in Kenya rooted in the constitution. Chapter 69 of the Constitution of Kenya lists obligations in respect of the environment. The state must establish systems of environmental impact assessment, environmental audit, and environmental monitoring.
The Environmental Management and Coordination Act ( EMCA) 1999 (cap 387 of the laws of Kenya), Environmental (Impact Assessment And Audit) Regulations 2003, Environmental Management and Coordination Act ( Amendment) Act 2015, and Environmental ( Impact Assessment and Audit) (Amendment) Regulations 2019, are some of these laws.