1. UPDATES OF CURRENT AND AND EMERGING REGULATORY ISSUES By Dr Ayub Macharia Ndaruga Director EEIPP NEMA

3. Outline Introduction Policy interventions Legislative interventions Enforcement Restoration Monitoring Education and awareness

4. Introduction Kenya is a water scarce country Plenty of water during floods but no adequate harvesting Climate change exacerbates water scarcity Few water resources suffer from overexploitation and pollution from solid and liquid waste Government has demonstrated a lot of commitment to ensure Kenyans enjoy a clean and healthy environment

5. Kenya constitution 2010 Preamble Article 102d – sustainable development as a national value Article 42 – Every Kenyan entitled to a clean and healthy environment Article 69-70 – state obligations to stop any activity which degrades the environment

6. Policy interventions The following policies are currently in parliament awaiting approval – National Environment Policy – National Wetland Policy – National ICZM Policy The policies lay a lot of emphasis on management of waste water Policies provide a framework to inform other interventions at National and county level

7. Performance contract targets for public sector institutions In the 11 th cycle Performance Contract Guidelines for 2014-2015 all Ministries, Departments and Agencies (MDAs) are required to undertake an Audit to establish extent of compliance with and enforcement of the constitution and other statutory obligations. On environmental sustainability, agencies are required to undertake Audit on compliance with the Environmental Management and Coordination Act (EMCA) of 1999. CEOs of water and sewerage companies under strict obligations to comply with EMCA 1999

8. EMCA revision Environmental Management and Coordination Act enacted in 1999 The Kenya constitution2010 gave 5 years duration upon which Kenya should have revised EMCA 1999 EMCA now in parliament and has undergone 2 nd reading Revised EMCA to be ready by Christmas break

9. Water quality regulations EMCA 1999 provides regulatory framework to protect water resources Regulation effected in 2006 Provides quality standards for water to be discharged into the environment Apply and acquire discharge license from NEMA

10. Enforcement Its an offence to discharge waste water into the environment Many restoration orders issued to water and sewerage companies Many prosecutions have been instituted by NEMA Fines – upto 2 million

11. Management Plans for wetlands Management plans are agreements between stakeholders – Lake Olborosat – being gazetted – Lake Jipe – Lake Naivasha – Ombeyi wetlands – Kingwal (sitatunga) – Kibilong – Genosoyiet (within Kericho Municipality) – Kimana – getting gazetted

12. Coastal management Kenya Coastal Zone Pollution Prevention Guidelines ICZM Plan Kenya Shoreline Management Strategy

13. Restoration of polluted water bodies Nairobi river - MEWNR Sosian – MEWNR Kisat – World Bank rehabilitate waste water treatment facility Njoro – Initiative by Egerton University – tree planting, identify sources of pollution

14. Cleaner production NEMA working with Kenya National Cleaner Production to help companies embrace cleaner production technologies One of the targets – Pollution Control Done successfully in Nyanza region and Lake Victoria region for East Africa Community Participating companies win awards 2014-15 – done within Nairobi River Basin Outcome – improved production systems

15. Catchment restoration Constitutional requirement of 10% forest cover Mau forest restoration Lake Naivasha catchment restoration Green Schools initiative launched by HE President Uhuru Kenyatta to encourage schools to establish tree nurseries and supply seedlings to neighbours

16. Monitoring NEMA and WARMA undertake regular monitoring of all water bodies Data published in annual State of Environment Report New initiative by NEMA – monitoring of water bodies using macroinvertebrates and uploading in Google Maps (MiniSASS) by Schools and youth groups (read more at https://ayubmacharia.wordpress.com/2014/11/0 9/people-driven-wetlands-restoration)

17. Capacity building for sewerage companies 2012-2014 – NEMA held sensitization meetings for all water and sewerage companies Final meeting held at KICC and attended by CEOs of the companies Opportunity for dialogue with the companies on negotiated compliance to comply with the water quality regulations 2006

18. Education and awareness NEMA works closely with players in the sector Partnership during training and exhibitions to provide practical solutions 2014-15 planned activities – 4 regional workshops on solid waste management – 4 regional workshops on pollution control – 4 regional workshops on wetlands restoration – 4 regional environment expos on best practices

19. Challenges Inadequate infrastructure e.g. sewerage Technology challenges Human capacity challenges Low investment Legal challenges

20. Conclusion Kenya is a water scarce country Enabling policy and legal framework exists Need for more investment in the water and sewerage sector

21. Thank you You can access this presentation on my Blog ayubmacharia.wordpress.com