KENYA’S EXPERIENCE ON COMPLIANCE APPROACHES

1. KENYA’S EXPERIENCE ON COMPLIANCE APPROACHES ROBERT ORINA CHIEF ENFORCEMENT OFFICER NEMA-KENYA

2. Introduction: 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.

3. Introduction Contd.. • 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 environment. • 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.

4. Dandora Dumpsite

5. NEMA endeavour to respond to these challenges through: • 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 synergy; • 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;

6. ENVIRONMNETAL GOVERNANCE • 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 issupervision and coordination over all matters relating to the environment

7. Cont. • 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.

8. 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.

9. 2. COMPLIANCE PROMOTION • Part III, Section 9(m) of EMCA (1999) mandates NEMA to undertake, in co-operation 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

10. Cont. • 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

11. Awareness

12. 7. ENFORCEMENT • In order to enhance compliance, NEMA pursued enforcement programs that aimed at achieving • Change of behaviour of the offender and deter future non-compliance, • Restore the harm caused by the offence by ensuring that remedial action is taken to protect the environment • 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.

13. Cont. • 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

14. Prosecution trends

15. Enforcement challenges 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

16. MARKET BASED APPROACH • 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

17. COMPLIANCE ASSISTANCE • 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

18. CONCLUSION • Lesson learnt is that no one particular compliance approach achieves the required results • A proper mix of all the approaches is necessary • Though from the Kenya perspective compliance assistance has a chance of great success in the current global trend

19. THANK YOU FOR YOUR ATTENTION ANY COMMENTS AND QUESTIONS?