Achieving good results in environmental management of natural resources
is the major objective of world governments today. This involves changing
attitudes and behaviour of all citizens to mobilise them to address
the serious, Complicated and often inter-woven serious threats to the
environment. It is in the interest of all to manage all aspects of human
development within the context of sustainable development.
Over time, Kenya has devised its own tool-box in the form of sectoral
laws, bye-laws, regulations and licensing systems which are often implemented
in the form of various policy pronouncements. For example, immediately
after the Rio Conference on Environment and Development in 1992, the
Kenya Government formulated the National Policy Paper on Environment
in 1996. It states that the overall policy goal on environment and development
will be to achieve economically, socially, and environmentally sustainable
national development in all spheres. Prior to that, the National Environment
Action Plan (NEAP) Report of 1994 had articulated this same stance.
The NEAP Report states that Kenya's strategy to achieve the policy objective
is by providing economic incentives and penalties to encourage sustainable
use of natural resources and to minimise pollution by enhancing the
harmonisation, implementation and enforcement of laws aimed at the protection
of the environment. The strategy involves development of enforceable,
effective laws, regulations and standards that are based on sound economic,
social, and environmental principles. It recognises of appropriate risk
assessments of pollutants incorporating sanctions designed
to punish violations, obtain redress, and deter future violations.
It is in this context that the NEAP prioritises
the review of all provisions of laws relating to the environment in
various statutes with a view to harmonising, updating and strengthening
them. One of the major components of these statutes that need policy
decision is the establishment and enforcement of environmental standards.
Currently, Kenya's environmental laws
are sectoral and address environmental issues such as water pollution,
air pollution, and solid waste as such. This division of the environment
into separate media, however, fails to recognise that pollutants move
from one medium to another. A successful air emissions programme, for
example, may only lead to transfer of pollutants to another
medium. Successful measures to treat water discharges could simply result
in the creation of land-fills causing air contamination and underground
water pollution in addition to health and safety hazards.
Enforcement faces serious difficulties.
To enforce single sector laws, authorities normally develop a system
of single sector enforcement. This results in a situation where those
enforcing air pollution laws are at odds with those enforcing water
pollution laws. Compliance with air pollution standards, for example,
may lead to reduced air emissions but increased effluent for water authorities
to deal with.
The second complication arises from the
existing land-use planning practices since development activities are
not harmonised to take into consideration multi-media emissions. It
is now apparent that environmental pollution
(air, soil and water) has become a serious problem in urban and industrial
areas, such as Nairobi and Mombasa, and exacerbated by rapid increase
in population without proper pollution control measures.
Environmental pollutants have no boundaries,
that is, they cannot be confined to a particular geographical location.
There are many national installations and development activities that
have cross-border ecological implications.
The principal concept for pollution control
is control of the emission sources and effective legislation and enforcement
or monitoring systems through the traditional command and control method.
Where this fails, it is also necessary to provide appropriate incentives
and penalties for widespread adoption of these measures. To this end,
the following are necessary actions to be taken with regard to the development
of environmental standards:
a) formulate a basic framework law for
pollution control;
b) establish pollution control
enforcement and monitoring systems which are legally recognised and
enforced and,
c) establish single and multi-media
emission standards.