An EIA is a legal prerequisite for most development projects in Kenya. Understanding the process, the timelines, and the common pitfalls can make the difference between a project that proceeds smoothly and one that faces injunctions or licence revocation.
Environmental governance is increasingly critical for businesses operating in Kenya. The Environmental Management and Coordination Act (EMCA) and the regulations made under it establish a mandatory Environmental Impact Assessment (EIA) process that applies to a wide range of development activities.
When is an EIA Required?
The Second Schedule to EMCA lists the projects that require an EIA licence before commencement. These include:
- Construction of buildings, roads, and infrastructure
- Industrial and manufacturing facilities
- Mining and quarrying operations
- Agricultural projects above a specified scale
- Energy generation and transmission projects
- Waste management facilities
Commencing a project without an EIA licence is a criminal offence and can also result in injunctions, forced cessation, and significant financial penalties.
The EIA Process
- Project report — For lower-risk projects, a project report may suffice. For higher-risk projects, a full EIA study is required.
- Public participation — The process must include meaningful public participation with affected communities and stakeholders.
- Submission to NEMA — The completed EIA study report is submitted to the National Environment Management Authority (NEMA) for review.
- NEMA approval and licensing — NEMA reviews the report and either issues an EIA licence (with conditions) or declines.
- Monitoring and compliance — Licence holders must submit annual environmental audit reports to NEMA.
How We Can Help
Our Environmental Law team advises project developers, corporates, and NGOs on EIA preparation, NEMA licensing, environmental compliance, and environmental litigation. We also advise on natural resource management, climate frameworks, and sustainable development obligations.
Contact us at office@htadvocates.com.