Environmental Law in Kenya

How butt end Environmental Law be in effect enforced in Kenya? For environmental police force to be effectively enacted in Kenya their needs to be emphasis on the need for a universal proposition environmental ethic. There needs to be a concern on the ability to provide information that changes behaviour towards the environment i. e. not fish filet at aw atomic number 18ness creation but to too go through education & advocacy. This led to the enactment of the Environmental Management and Coordination Act. (EMCA).With the enactment of the EMCA, the implicit in(p) principles on the environment espoused in various multilateral environmental agreements and dexterous discourse were in incarnated into Kenyan law. Therefore it is based on the citation that improved co ordination of the diverse arnaal initiatives is indispensable for better focus of the environment. To facilitate a coordinated approach to environmental management, EMCA establishes several organs as discussed b elow which help in the effective enforcement of environmental law ) National Environmental Council It is responsible for policy formulation and directing, setting field goals and objectives, determining policy and priorities for the egis of the environment and the promotion of cooperation among the public and esoteric bodies engaged in environmental protection programmes. The council is responsible in weighs to global treaties, conventions and agreements relating to the management of the environment to which Kenya is a party or should be a party.i) National Environmental Management Authority (NEMA) It is responsible for the deriveing (a) consecrate the various environmental management activities being undertake by the buy the farm agencies and promote the integration of environmental considerations Into development policies, plans, programmes and sheds with a view to ensuring the correct management and rational utilization of environmental resources on a sustainable yield basis for the improvement of he quality of human lifetime in Kenya (b) Take stock of the natural resources in Kenya and their utilization and conservation (c) Establish and review in consultation with the pertinent lure agencies, drink down use guidelines (d) Examine land use patterns to determine their impact on the quality and quantity of natural resources. (e) Carry out surveys which entrust sanction in the proper management and conservation of the environment (f) Advise the regime on legislative and other measures for the management of the environment or the effectuation of relevant international conventions, treaties and agreements in the field of environment,g) advise the government on regional and international environmental conventions, treaties and agreements to which Kenya should be a party and follow up the implementation of such(prenominal)(prenominal) of such agreements where Kenya is party (h) Undertake and coordinate research, investigation and surveys in the field of Environment and collect collate and pass out information near the findings Of such research, investigation or survey I) disperse and monitor the use of pecuniary and human resources for environmental Management (J) find projects and programs or types of projects and programs, plans and policies for which environmental audit or environmental observe moldiness be conducted under this Act (k) Initiate and evolve procedures and safeguards for the observeion of accidents Which whitethorn cause environmental degradation and evolve remedial measures where Accidents occur l) varan and assess activities, including activities being carried out by relevant lead Agencies, in order to ensure that the environment is not degraded by such activities, environmental management objectives are adhered to and adequate early warning on impending environmental emergency is given(m) Undertake, in co-operation with relevant lead agencies, programmes intended to enhance environmental educat ion and public awareness about the need for sound Environmental management as well as for enlisting public support and encouraging the effort made by other entities in that regard (n) Publish and disseminate manuals, codes or guidelines relating to environmental Management and prevention and abatement of environmental degradation (n) Render advice and good support, where possible, to entities engaged in natural Resource management and environmental protection so as to enable them to turn tail out Their responsibilities satisfactorily o) relieve mavinself and issue an annual report on the state of the environment in Kenya and in This regard whitethorn direct any lead say-so to prepare and submit to it a report on the state Of the sector of the environment under the administration of that lead agency (p) Perform such other functions as the Government may assign to the Authority or As are incidental or conducive to the excise by the Authority of any or on the whole of the functio ns provided under this Act. iii) Provincial and dominion committees The committee is responsible for the following A) is responsible for the proper management of the environment within the province or district in respect of which they are appointed. (b) Perform such additional functions as are prescribed by this Act or as may, from time to time, be assigned by the Minister by notice in the Gazette.There are certain mechanisms that are set in place for the protection and conservation of the environment, framework environmental laws also provide for the management of specific environmental aspects, whether they are of a sect oral nature or of cross sectoral nature or both. These mechanisms include -Environmental Impact Assessment This is a tool that helps those involved in end making concerning development programmes or projects to make their decisions based on knowledge of the likely impacts that will be caused on the environment, whether negative or positive. Whether the impacts a re negative and likely to result in significant harm, decision makers will be able to decide what kind of mitigating measures should be interpreted to eliminate or minimise the harm. Therefore the EIA is an anticipatory and where at that place is harm, a preventive mechanism. By using theEIA both environmental and economic benefits can be achieved such as trim down cost and time of project implementation and design, avoiding treatment/ clean up costs and impacts of law and regulations. -Environmental auditing and monitoring This is a cognitive process that assesses the nature and extent of environmental concerns at an real expertness or any other site where the existence of industrial pollution problems is identified or anticipated. Enforcement of Environmental Law Most environmental enforcement strategies derive from legal requirements that must be met by individuals, facilities whose operations or activities may cause undesirable environmental impacts. These environmental imp acts are an innate foundation for environmental and public wellness protection.Environmental actions may include applying one or a combination of the following actions Inspections and monitoring to determine the contour status of the correct community and to detect and to respond to violations. Negotiations with violators or facility managers to develop mutu all in ally agreeable schedules and approaches for achieving compliance. Awareness creation to sensitise the regulated community on the requirements to be met Taking legal action where necessary to compel compliance and Compliance promotion among the regulated community. 2. Discuss wherefore health and preventative laws are necessary for any role player? health and guard duty may be perceived as an investing or loss within an system.Accidents happen and it is imperative for organizations to strive towards a nada rate because they can prove very expensive if a alliance is deemed liable. Employers may be expected to invest a comparatively marginal initial outlay for fortune estimation and hazard identification procedures which may or may not require consultancy fees, installation of modern equipment or staff training but in reality these can all be viewed as an investment rather than a loss and there is no arguing with the fact that an distress free workplace is a safe workplace. All employers were inevitable to ensure, in so far as reasonably practical, the safety, health and welfare at work of their employees and to carry out an annual review of safety statements specifying how it is managed.On the other hand, employees are compel to co-operate with their employer and report any circumstances that may pose a estimable threat to health and safety. In the opinion of Hoyle (2004), Accident prevention is primarily the responsibility of individual histrions. The promotion of health and safety within an organization can be seen as an investment. If employees keep healthy, their produc tiveness will be good and this can promote profits. With safety the same applies. In a safe environment there are fewer injuries, more productivity, more profits and less worker compensation insurance premiums, etc. The financial implications of accidents and ill-health are often overlooked or underestimated, especially relating to absenteeism.Apart from still having to profit the absent employees wage, employers could also be faced with additional reward for replacement staff, overtime and lost time spent on investigations and meetings, increase costs due to reduced productivity, possible contract penalties and external consultancy fees, all of which can add up to substantial hidden costs (TSSA). In fact, organizations with active training programmers in health and safety such as OHSAS 18001 have many advantages, including fewer work-related injuries and lower healthcare costs, improved productivity, reduced absenteeism, lower insurance premiums and compensation claims and a h igher rate of worker retention and employee satisfaction. Workers compensation claims due to workplace accidents and occupational ill-health appear in the papers every day. And costs facing organizations include investigation time, wages paid for lost time, clerical time, decreased output of injured worker upon return and the loss of business and goodwill.Unfortunately, in smaller firms where major defect rates tend to be higher, conviction could ruin a company. galore(postnominal) small organizations harbor a negative view of the business benefits of corporate and social responsibility. They see the implementation and maintenance of appropriate operational standards as a waste of time, money and staff resources because of the required controls, practices and procedures and other overheads which they regard as a drain on their limited resources. While both(prenominal) employers may see health and safety as a loss, this will only occur when an organization has failed to take reaso nable steps to prevent injury and non-injury accidents and ill-health. The advantages of reventive policies can be financially beneficial, an added investment is that they can also consist of benefits that are harder to express in money, such as morale, productivity or quality gain. Nevertheless, employers must undertake suitable and sufficient assessment of risks to health and safety in their workplace and appropriate arrangements must be made to review preventive and protective measures, assess their efficacy and direct of legal compliance and establish a sound health and safety culture. A risk assessment is a hazard identification process to identify what could cause harm to people. It forms part of the preparation of a caoutchouc Statement and helps employers to manage the health and safety of their employees.Employers are legally required to do everything that is reasonably practicable to ensure that identified hazards will not injure anyone. They should also ensure that all employees are familiar with the relevant contents of the Safety Statement, especially when revisions have been made. Improving health and safety need not cost the employer a lot of money. Even ever-changing the way a particular task is performed can reduce the risk of injury. For example, placing anti-slip material on a slippery floor is a relatively inexpensive precaution when compared to the financial implications of a bad fall. Any safety measures introduced need only be proportional to the real risks involved and should be sufficient to control, eliminate or minimize any risk of injury (ibid).Managing health and safety in the workplace is not just a legal requirement, it also makes commercial sense. Many investors closely monitor health and safety performance with a view to increasing investment opportunities. simplex and relatively inexpensive steps like arranging courses such as First Aid, Manual Handling, Fire and Electrical Safety, Health and Safety and assay Management, etc. for all employees is most definitely a good investment for any forward-looking organization and the potential dividends for both staff and employees are immeasurable REFERENCES Environmental Management and Coordination Act 2000 Okidi et al, Environmental Governance in Kenya Implementing the Framework law. East African Publishers, 2008