The review and analysis of policy and legislation demonstrates the inadequacies which need to be addressed if pollutant discharges legislation is to achieve its objective of protecting water courses from such discharges. The inadequacies are both legislative and institutional. These include the fact that legislation is scattered over a wide range of statutes, the lack of capacity for enforcement, lack of comprehensiveness, low penalties, poor incentives and vaguely defined institutional responsibilities.

The most striking feature of national legislation on discharges of pollutants into water courses is that it is scattered over a wide range of statutes. The legislation has been gleaned from statutes whose primary objective is not in fact the control of discharges of pollutants into water courses or lakes. Invariably, the control of such discharges is purely the incidental consequence of control for some other purpose. The provisions therefore lack comprehensiveness right at the outset.

In an attempt to address the above weaknesses, parliament enacted the Environmental Management Coordination Act, 1999. The act aims to establish an institutional framework for the management of the environment and radically alters Kenyan law on environmental management. The changes introduced by the 1999 Act exist and, for the time being will apply, alongside the other legal provisions relating to water pollution. They do not override or replace the other laws. Therefore the provisions of the new Act are set out alongside those of the other laws previously in existence.

The salient features of the Act include: 

1. The establishment of a National Environmental Management Authority to coordinate environmental activities. 
   
   
2. The Act introduces a compulsory requirement for an Environmental Impact Assessment (EIA). EIA, the procedure for prior assessment of the environmental impact of a proposed development project, is by no means new in Kenya, as elsewhere. However, it had until recently not been a statutory requirement.
   
   
3. The Act establishes a Standards and Enforcement Review Committee, as a sub-committee of the National Environmental Management Authority. The committee will recommend standards in the fields of water quality, air quality and waste management. 
   
   
4. The Act sets up a National Environmental Tribunal which is an attempt to set up an administrative mechanism for quick resolution. 
   
   
5. The Act enhances penalties for environmental offences; introduces the prospect of financial incentives and mechanisms; and sets up a National Environment Council responsible for policy formulation and direction.
   
   
6. The Act widens public access to environmental information by providing that any person may have access to information transmitted to the National Environmental Management Authority unless there are reasons to keep the information confidential.