All construction now to meet Nema standards

Ferdinand Mwongela

Environmental management in the face of overwhelming development in the country is an uphill task. "Environmental management is challenging, especially when it comes to striking a balance between development and conservation," says National Environmental Management Authority’s (Nema) chief corporate communications manager, Ruth Musembi.

It is in the spirit of environmental conservation that the Environmental Impact Assessment (EIA) report became a requirement for constructors prior to commencing any development work on a property.

"The EIA report is done after critical examination of the effects of a project on the environment," says Musembi. "It identifies both negative and positive impacts of any development project, how it affects people, their property and the environment. It also identifies measures to mitigate the negative impacts while maximising on the positive ones."

The report also assesses the impact of, and predicts likely changes in the environment as a result of the development.

Firms of experts or individual experts registered by Nema to undertake all EIA studies do the report. A register of all EIA reports is available at the Nema headquarters, as well as district and provincial offices.

EIA report

"The EIA report generates baseline data for monitoring and evaluating impacts, including mitigation measures during the project cycle," explains Musembi. "It highlights environment issues with a view to guiding policy makers, planners, stakeholders and government agencies to make environmentally and economically sustainable decisions."

Musembi adds that the report is indispensable if the environment is to be conserved and development activities embraced.

The EIA is usually compiled after visits to the sites and conducting a desk or literature review. Lab analyses of the water quality and the soil in the area earmarked for development are also done.

In their report, the experts also cover the baseline information of the area, public participation and refer to relevant legislation such as Water Act, Environmental Management and Coordination Act (EMCA) and Public Act.

After compiling their report, the experts then submit it to Nema, which assesses and makes recommendations in consultation with other lead agencies.

"It is an offence to start construction without the report and NEMA can stop the construction," says Musembi adding that those who disregard Nema’s directives are liable for prosecution.

Despite this, many developers still proceed with their construction work without getting approval from Nema, resulting in legal clashes.

Reginald Okumu, the managing director of Ark Consultants, says environmental conservation and development must go hand in hand. He asserts there is no conflict and various stakeholders need to be sensitised on the importance.

"It is a question of re-orientating the designers and developers to embrace environmental friendly designs," he says.

Already, there are courses specifically tailored for architects on environmental-friendly design. "It is not necessary to cut down or uproot all plans already under construction. Instead they can be accommodated within the design to serve both a functional and aesthetic purpose," says Okumu.

Power harvesting

Singling out the field of energy conservation, Okumu says a lot of high-rise buildings have incorporated glass in their design. "It is possible to use such glass windows as a means of harvesting solar energy to use within the buildings hence saving on water and energy costs. Energy efficient buildings need to be encouraged. It is possible for development and environmental conservation to exist without any losing out."

Daniel Ojijo, the executive chairman of the Mentor Group of Companies, also emphasises the importance of environmental conservation in the face of increased development activities. He believes that embracing alternative sources of energy to diminish the over-reliance of conventional sources is a major effort towards environmental conservation.

"Constructors should be compelled to incorporate solar power harvesting plans in their buildings," he says. "Many countries which do not enjoy as much sunshine as we manage to tap this source and even supply some to their national grid."

Public Awareness of EIA

According to the Savings & Loan (S&L) sales manager, George Laboso, all prospective clients desiring to acquire mortgage from his company must have an EIA report. However, according to Musembi, small scale constructors are spared the cost of the assessment. Only projects with significant adverse effects on the environment are required to undergo it.

Contrary to the perception that this is only confined to the city, the EIA report is a pre-requisite for developers of any significant project countrywide. On whether the Authority has sensitised stakeholders about this requirement, Musembi says, "we undertake continuous awareness meetings countrywide."

Although most developers adhere to the environmental standards, a few do not and most have been prosecuted and their projects stopped. Therefore, it is always advisable to comply in order to avoid unnecessary losses.

"If unsure of whether or not you require the EIA report before construction, consult with Nema or get more information from our website," cautions Musembi.

Collaboration between various Government departments and institutions of higher learning is needed if the standards are to be applied appropriately.

"If we have to achieve sustainable development in our cities, change of attitude and behaviour is important," says Musembi. "Public awareness is also key if we as a country are to achieve equitable development and conserve the environment at the same time."

Overcoming environmental challenges

In its endeavour to conserve the environment, National Environmental Management Authority (Nema) is periodically forced to apply the law on individuals and institutions contravening its rules.

On November 17, 2008, Nema took the Mombasa Town Clerk to court for operating a dumpsite without a licence. The court released him on a bond of Sh100,000. He is expected to appear before the court to answer to the charges on January 22, 2009.

This is just one of the cases the environmental authority is currently pursuing against people engaged in activities that are detrimental to the environment. Ruth Musembi, Nema’s chief corporate communications manager, says they have taken about 17 cases to court this year, with 10 already finalised. Clearly, the authority is aggressively shattering the myth that it is a toothless dog.

In an attempt to help the authority build proper case files that can be sustained in a court of law, the Commissioner of Police attached 10 officers to the authority, all reporting to an inspector.

"There is need for people to see environmental degradation as affecting them now and not in the future," says Musembi.

While developments constructed before 2002 were not guided by an Environmental Impact Assessment (EIA) report, Musembi maintains Nema carries out environmental audits on these buildings and companies, which looks at, among other things, their environmental plan, waste management and air quality.

Presently, Nema is working with organisations on what Musembi calls negotiated compliance, where individuals and corporations present Nema with a reasonable plan and is given time to comply instead of forcing them to close.

"We have to balance between environmental conservation and economic development since stopping development on the basis of environmental conservation is counter productive," she says.

An example of negotiated compliance is the deal struck with Kenya Alliance of Manufacturers, which gave them more time to phase out flimsy paper bags.

Another way of dealing with environmental polluters is through the ‘polluter-pays-principle’, where the polluter foots the reparation costs for damages caused to the environment.

Nema’s biggest challenge is staffing. It currently has 250 staff members. Each district is governed by only one inspector.

The authority has started recruiting in line with their Vision for 2010, which is to have about 918 staff members. Nema is also working to decentralise its activities in an effort to be more efficient and expedite the process of development approval. This will take the EIA processes to the provincial level.