Government and environmental management

Government and environmental management

Environmental and natural resource management is devolved function in Kenya therefore becoming the responsibility of the county governments. This environmental management arrangement is intended to increase local ownership and improve environmental policy. However, the central government has a stake in environmental issues through the ministry of environment and such agencies as NEMA, KWS and KFS.

Decentralisation of the environment function is based on the idea that most governments, particularly African governments, do not have the capacity at the central level to effectively implement necessary environmental protection measures. This impediment leads to a continued degradation of soil, forest coverage, water quality, and biodiversity.

Constitution and environment

Chapter 4

Every person has the right to a clean and healthy environment, which includes the right to have the environment protected for the benefit of present and future generations through legislative and other measures.

Chapter 5

The State shall—

1. Ensure sustainable exploitation, utilisation, management and conservation of the environment and natural resources, and ensure the equitable sharing of the accruing benefits. This acknowledges the role of the state in ensuring sustainable development as well as the importance of equitably sharing benefits derived from the environment.

1. Work to achieve and maintain a tree cover of at least ten per cent of the land area of Kenya. This is a recognition of the obligation of the State and its organs, including the Ministry of Forestry and Wildlife and the Kenya Forest Service, to ensure that the present forest cover is increased, so as to adequately meet the needs placed upon forests in Kenya.

1. Protect and enhance intellectual property in, and indigenous knowledge of, biodiversity and the genetic resources of the communities;
2. Encourage public participation in the management, protection and conservation of the environment. This demonstrates Kenya’s commitment to public participation, as well as reiterates the responsibility to ensure that public participation serves the purposes for which it is intended

1. Protect genetic resources and biological diversity. The Ministry of Environment and Mineral Resources is currently charged with coordination of all environmental matters in the country. It is expected that the State will work with its agencies to protect genetic resources and biological diversity.

1. Establish systems of environmental impact assessment, environmental audit and monitoring of the environment.
2. Eliminate processes and activities that are likely to endanger the environment; a commitment is made to ensure that Kenya’s continuing development does not compromise the foundation on which it is based
3. Utilize the environment and natural resources for the benefit of the people of Kenya. This confirms the government’s commitment to ensure that the environment and natural resources are utilised for the benefit of the people of Kenya and urges further action in the same direction.

Every person has a duty to cooperate with State organs and other persons to protect and conserve the environment and ensure ecologically sustainable development and use of natural resources.

If a person alleges that a right to a clean and healthy environment recognised in the constitution has been, is being or is likely to be, denied, violated, infringed or threatened, the person may apply to a court for redress in addition to any other legal remedies that are available in respect to the same matter. On application under the above clause, the court may make any order, or give any directions, it considers appropriate

1. To prevent, stop or discontinue any act or omission that is harmful to the environment;
2. To compel any public officer to take measures to prevent or discontinue any act or omission that is harmful to the environment;
3. To provide compensation for any victim of a violation of the right to a clean and healthy environment.

The State shall establish systems of environmental impact assessment, environmental audit and monitoring of the environment’ encourages the continued establishment of systems to further support EIA and environmental audit and monitoring.

Kenya is party to 16 international environmental treaties,69 which are designed to protect various aspects of the environment, including biological diversity, natural resources, marine and coastal environment, the ozone layer, wetlands, culture and natural heritage, pollution, international trade in wild flora and fauna, and combating desertification, among others. Article

So far in Kenya, primary environmental legislation includes EMCA and EIAAR. Subsidiary legislation has been enacted to support EMCA, and it includes the following:

• Environmental Management and Coordination (Noise and Excessive Vibration Pollution) Control Regulations of 2009;
• Environmental Management and Coordination (Wetlands, Riverbanks, Lake Shores, and Sea Shore Management) Regulations of 2009;
• Environmental Management and Coordination (Air Quality Standards) Regulations of 2007;
• Environmental Management and Coordination (Controlled Substances) Regulations of 2007;
• Environmental Management and Coordination (Waste Management) Regulations of 2006;
• Environmental Management and Coordination (Water Quality) Regulations of 2006;
• Environmental Management and Coordination, Conservation of Biological Diversity (BD) Regulations of 2006;
• Environmental Management and Coordination (Fossil Fuel Emission Control) Regulations of 2006.

Distribution of Functions between the National Government and the County Governments

The National Government is responsible for;

Protection of the environment and natural resources with a view to establishing a durable and sustainable system of development, including, in particular –

(a) Fishing, hunting and gathering;

(b) Protection of animals and wildlife;

(c) Water protection, securing sufficient residual water, hydraulic engineering and the safety of dams; and

(d) Energy policy.

Environmental functions of the county governments

1. Control of air pollution, noise pollution, other public nuisances and outdoor advertising.
2. Implementation of specific national government policies on natural resources and environmental conservation, including—

• soil and water conservation; and

Environmental Challenges Facing Kenya

1. Deforestation

The first major pressure on forests is clearing for agricultural land. Also about 80% of the energy consumed in Kenya today is derived from forest products. There is also increased demand for fuel wood, charcoal, timber and wood products. This has led to deforestation in many regions of the country resulting in the ecosystems’ instability.

2. Water Shortage and Pollution

It has been the government’s policy to provide potable water to all Kenyans. However, Kenyans are without reasonable access to water while others lack adequate sanitary facilities. Lack of adequate water has been rated as one of the most serious problems in most parts of Kenyan, especially in the ASALs.

With increasing intensification of agriculture, an emerging concern is that of pollution of water bodies from agrochemicals. Pollution from industrial and urban effluents is also taking place. In addition, there is destruction and pollution of underground water aquifers by petrochemicals such as motor oils and other pollutants. Sinking of wells has become a major concern as it drains underground water and leads to trying of surface water bodies like streams, rivers and lakes.

3. Land Degradation and Decline of Agricultural Productivity

Land degradation has occurred extensively in Kenya mainly due to soil erosion. Initially erosion results in the loss of topsoil which is usually the most fertile in terms of plant nutrients. Soil erosion is a consequence of overgrazing in the ASALs and poor land management in cultivated areas. This results in reduced agricultural productivity and land degradation. The advanced stage of soil erosion results in very deep gullies that are difficult to rehabilitate. The following causes of  land degradation:

• Overstocking, leading to overgrazing;
• Low income and food deficiencies among the pastoralists, leading to charcoal burning for a livelihood;
• Communal land ownership and therefore lack of effective grazing management systems;
• Salinisation, especially in lands under irrigation;
• Lack of exploitation of environmentally neutral livestock enterprises such as honey production (bee-keeping), camel production, and game farming;
• Lack of sufficient livestock water sources and their poor distribution;
• Lack of conservation of water catchment areas and protection of water sources;
• Lack of adequate and ecologically suitable perennial range grass seed and fodder trees to the pastoralists.

Land Use Policy and Land Use Planning

The high to medium potential land surface of Kenya is about 20% of the country. This land is very precious both aesthetically and in monetary terms. The quest for land has therefore generated different conflicts in Kenya. Comprehensive tenure system exists only in the high and medium potential areas where land predominantly belongs to individuals. However, in ASAL areas land is communally owned. Hence major environmental conflicts result from competition for land and water use.

Land use conflicts in Kenya

Kenya derives enormous income from wildlife through tourists yet some of the large mammals, the most conspicuous, i.e., elephant and rhino, are threatened with extinction. While the Ministry of Environment and Natural Resources would like wetlands preserved in order to conserve their biodiversity, the Department of Land Reclamation would like the same wetlands reclaimed for agricultural use.

Land neighbouring game

• Wildlife destroying crops
• Poaching of wildlife
• Competition for pasture and water resources between wildlife and livestock

Agro-ecologic Zones (AEZ)

• Cultivation grazing

Hilltops and Hill sides

• Cultivation and/or grazing vs. afforestation for water catchment protection

Riverine areas

• Cultivation vs. riparian vegetation conservation
• Cultivation vs. dry season grazing

4. Population Growth, Distribution and Impact on Natural Resources

The total population of Kenya has increased from around 43 billion in the year 2015. Due to the very high population densities there has been over-exploitation of land resources with the consequent decline in agricultural productivity and land degradation (deforestation and overgrazing).

5. Refugees Influx in the ASALs

In the ASALs of Kenya, especially within the North Eastern Province, refugees have been known to result in formidable high population densities. These refugees then compete for the available resources (water, land and energy) with the local people. Sanitation is also of great concern in and around refugee camps. In some cases cyclic desertification has occurred around refugee camps.

6. Settlement Patterns, Sedentarisation of Pastoralists and Squatterism

After independence, the government introduced settlement schemes for indigenous Kenyans to take over the former White Highlands. These Kenyans were not acquainted with the environmental conditions of the White Highlands, a factor that then led to low agricultural productivity. About 80% of the land surface of Kenya are ASALs and are occupied by nomadic pastoralists. Permanent settlements (market centres) dot throughout the ASAL area, especially around the administrative centres due to the need for security. Also, provision of water leads to an automatic settlement at water points, depending on the security situation. Such sedentary settlements are rarely planned prior to implementation. In the urban areas the destitute establish poverty-stricken slum villages characterized by unemployment. There are also squatters occupying government and private land. Slum and squatter settlements are characterised by environmental health problems.

7. Coastal Erosion and Rehabilitation

Several developments of building structures are taking place close to the shoreline. In the case of the sea walls, some parts are affected by erosion. There are also problems of siltation along the coastline and this affects marine habitats. As a result fish catches are diminishing as the breeding habitats continue to be destroyed by human use systems.

8. Loss of Genetic Resources and Biodiversity

Biodiversity encompasses all plants, animals and microorganisms together with their interactions and habitats. Indigenous terrestrial and mangrove forests, coastal and inland wetlands, coral reefs and gardens, and other ecosystems are important for genetic resources and biodiversity. These ecosystems are improperly exploited, with the result of high ecological and economic costs. To overcome these costs, the community needs to acquire knowledge and resources, as well as incentives to sustainably utilise the biological resources. It is noteworthy that the threat to genetic resources and biodiversity is triggered by rising human population pressure and the need to clear more land in order to increase food production.

9. Lack of Participatory Management of Natural Resources

A trend of planning which in Kenya is the “Top-down Approach” to environmental issues. This approach never seeks the views of the local communities. Hence in many cases natural resources are regarded as belonging to the government. For example most resources in National Parks and Game Reserves are usually perceived by people as belonging to the government due to the overprotection and lack of efforts to create awareness through community based programmes. People around Game Reserves, which are managed by the local County governments, do not have control on these resources. The struggle for the control of nature reserves between County governments and Community Groups is on the increase. There is need for increased community participation natural resource management. Communal groups for soil erosion and afforestation also serve to enhance community awareness. The role of NGOs in this regard could be enhanced.

10. Conflicts in Resource Utilisation

Due to increasing human settlements, conflicts of resource utilisation occur between man and wildlife, agriculture, fisheries and forestry. The conflicts are caused by increasing population in settlement schemes, which in turn brings man face to face with wildlife in his endeavour to fish or to cultivate crops or even to obtain wood fuel. The wild animals often stray out of the National Parks or Game Reserves and damage crops and sometimes cause loss of human life. These conflicts are more severe during the drought period when, for instance, elephants are very notorious for causing havoc to crops and water installations. Land and water-use conflicts have also been experienced in many areas. As the demand for land for settlement schemes continues to rise, the traditional grazing areas are being taken up by ranchers and settlers from other areas, as is the case with water catchment areas. This process has resulted in the pushing of the pastoralists into rather more marginal areas, with enhanced resource use impacts which may lead to rapid land degradation.

11. Absence of a Common Environmental Law

In Kenya Parliamentary Acts governing environmental matters are mainly sectoral. For example, there is the Agriculture Act, the Water Act, the Land Acquisition Act, etc. At the same time, these sectoral legislations usually lack co-ordination such that in some cases they may be contradictory. For example, in order to increase food production, the Agriculture Act may allow the draining of wetlands and bottomlands in a reclamation project. Such action contradicts any endeavour to conserve Wetland Biodiversity. The harmonization of environment-specific legislation could improve the conservation practice.

12. Absence of Environmental Economics in Natural Resource Management

The economics of development is well developed in Kenya. The country has always given estimates of costs for every National Development Plan. However, expenditure on environmental conservation and/or improvement is not incorporated. The result has been the neglect of the conservation of fragile ecosystems, resulting in serious damage to water, soil and genetic resources.

13. The Poverty Problem

In coping with poverty, one of the popular options is to exploit whatever natural resources that could be found within the living environment, such as vegetation, with the consequence of land degradation. A disturbing overall feature of the poverty situation is the apparent long-term trend of impoverishment. Resource use is equally deteriorating. To improve on the conservation practice in Kenya, the poverty situation must therefore be urgently tackled.

14. Impacts of Famine

Famine is a sure weapon for causing the destruction of natural resources through poor exploitation strategies.

15. Environmental Health

Kenyan urban centres require co-ordinated planning to cope with environmental problems that go with commercial activities and potential for industrial growth. Unplanned constructions affect the physical development of urban centres. Mushrooming residential areas often have poor road communication, poor drainage and poor sewerage system. Poor garbage collection and disposal methods compound the problem of environmental health. The sewerage system is choked, oxidation ponds are overloaded and are being encroached on by upcoming residential estates. Communicable diseases in urban centres of Kenya are on the increase. Environmental health is therefore lacking and thus causing serious resource development problems which impact negatively on conservation practices.

16. Wildlife Menaces

Conflicts between man and wildlife reduce food and income at household level but also a lot of time is spent trying to keep the smaller animals like monkeys and squirrels from destroying crops.

17. Food Insecurity

Most communities in Kenya rely on rain-fed agriculture for food production. However, given the poor soil fertility in two-thirds of the Republic, and also the fact that most of the districts are either arid or very arid, there is sometimes insufficient food production. The monopoly of prime agricultural lands by the rich contributes to the famine situation.

18. Fisheries Depletion

There has been a significant drop in fish output in most inland lakes and along the shoreline of the Indian Ocean. Possible reasons for this may be the high siltation of the lucustrine environments and ocean pollution. Also the reduction in the quantity of water entering the inland lakes due to irrigation activities intensified around such lakes as the Naivasha, Turkana and Victoria has been recorded. Another factor that could be of importance is the over-exploitation of the diminishing fish stocks. However, in the case of Lake Victoria, the inversion of the dreaded and rapidly spreading water hyacinth is thought to have destroyed productive fishing grounds in the region. Serious conservation issues are therefore experienced within the lucustrine and coastal littoral environments of Kenya. In the latter case the problem has been compounded by lack of water. It is difficult to monitor activities of foreign vessels which are often engaged in fishing activities.

19. Mining and Quarrying

There are several small-scale and large-scale sand harvesting enterprises in Kenya. Stone quarrying is equally a real problem in most parts of Kenya. This unplanned mining is increasingly threatening the water courses in the country. Coral rocks mining in coastal areas is creating instability in coastal ecosystems. The recent discovery of large deposits of titanium in the coast is likely to enhance the vulnerability of coastal ecosystems. The operators of such mines and quarry never rehabilitate them, thereby causing serious conservation problems.

20. Aids Pandemic and other diseases

The AIDS pandemic has exerted major stress on natural resources management. Apart from the rapidly increasing rate in the demise of highly trained scientists, resource managers, policy makers, etc., even skilled ordinary citizens engaged in conservation activities have not been spared. The disease, while it is poised to continue to have an impact on the conservation practice in Kenya, is predicted to have adversely affected the national economy, thereby triggering a vicious cycle of damage on the natural environment.

21. Gender Issues

A larger proportion of the Kenyan population in the rural areas is women, who experience the roles of being housewives, motherhood and food providers. Given their daily activities, women are the actual managers of natural resources. However, most of them do not own these resources hence difficult to conserve them.