The National Environment Management Authority (NEMA) is the Kenyan government agency responsible for the management of the environment and environmental policy. [1] It is a Semi-Autonomous Government Agency (SAGA) within the Ministry of Environment and Forestry. The Authority works closely with international organizations such as UNEP, UNDP, and DANIDA. Since its establishment, NEMA has implemented three strategic plans to improve the environmental landscape of Kenya. [2]
Formation | 2002 |
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Headquarters | Nairobi, Kenya |
Director General | Mr. Mamo Boru Mamo. |
Deputy Director of Programmes and Partnerships | Ms. Anne Nyatichi Omambia |
Deputy NIE/AE Coordinator | Mr. John Wakhungu Wafula |
[9] |
The mission of NEMA is to "safeguard and enhance the quality of the environment through coordination, research, facilitation, and enforcement, while encouraging responsible individual, corporate and collective participation towards sustainable development". [1]
Their vision is "to be a world-class environmental Authority that ensures a healthy environment for all," and their motto is "Our Environment Our Life -- Mazingira Yetu Uhai Wetu". [1]
NEMA emphasizes a holistic approach to environmental management by focusing on sustainable initiatives of development that improve the living standard for current citizens without jeopardizing the landscape for future generations. They also acknowledge the connected nature of the ecosystems, sectors, and policies to ensure that their initiatives have a positive impact. While operating with a precautionary principle that advocates for protective action for the environment, even without known risk, NEMA uses environmental research to guide policy implementation. The Authority works to ensure that all citizens have equal access to a clean and healthy environment, fair enforcement, and the opportunity to participate in decision making processes, like Environmental Impact Assessments (EIA). [3]
The Kenyan Constitution has provisions for the conservation and utilization of its natural resources. The Environmental Management and Coordination Act No. 8 of 1999 (EMCA) creates the National Environmental Management Authority (NEMA) to issue guidelines for the sustainable management and utilisation of the state’s resources for the benefit of citizens. [4] The EMCA makes the following provisions for NEMA’s operations:
All projects must submit an Environmental Impact Assessment (EIA) to NEMA for an access permit, and these projects will be later evaluated to ensure they are complying with guidelines proposed within the EIA. [5] Experts responsible for the analysis of EIA plans are registered by NEMA. [7] NEMA has an institutional framework to assist in the access permit process. [4] For an application to be considered complete, it must contain the following:
When complete applications are submitted to NEMA, notification of the application is posted in the Kenya Gazette and newspaper. An Issuance of Records of Decision of the Authority is then within 60 days of receipt of application based upon the determination of the review made by the Access Benefit Sharing (ABS) Technical Committee of NEMA. There are three decisions that can be made by the Authority:
The ABS Technical Committee is a multi-sectoral group within NEMA that provides a broad range of expertise and perspectives to contribute to fair and objective decisions. They are responsible for the decisions made regarding access permit applications and they assist in the implementation of prior informed consent, material transfer agreements, and mutually agreed terms. The composition of the ABS Technical Committee is as follows:
The Kenya Private Sector Alliance (KEPSA), an umbrella organization seeking accountability for the private sector representatives within the National Environment Committee (NEC), has an environmental sector committee that is responsible for engagement with NEMA on behalf of its members. [5]
The National Environmental Tribunal (NET) is a judicial power that resolves disputes resulting from the administrative decisions of NEMA. [5] The NET is responsible for training the 47 county governments of Kenya in environmental literacy, but they lack original jurisdiction. They work in cooperation with NEMA to raise environmental awareness among professional groups through workshops. The Tribunal became operational in 2002 and their fundamental role within the government was secured when they participated in the induction of the judges of the Environmental and Land Court (E&LC). The Tribunal has five members:
NEMA was accredited by the Green Climate Fund (GCF) in March of 2016. Their entity within the GCF, ending in April 2026, is classified as micro, it meets the Category B standard for environment and social risk, and it meets the Basic and Project Management guidance standards. They use their GCF accreditation to work towards “Kenya 2030,” a plan detailing strategies of climate change action and green growth to mitigate greenhouse gas emissions by 2030. They have implemented climate change mitigation and resilience projects ranging from 10 million USD to 255 million USD. [8]
NEMA has also been accredited by the Adaptation Fund since March 2012. They were re-accredited in May 2019 and May 2021. [9]