An Environmental Impact Assessment (EIA) is a process that identifies both negative and positive environmental, economic, and social-cultural effects of a project. It's done before a project begins to either give a green light, offer an alternative site, or stop it entirely.

We discuss the EIA process in Kenya, projects that need an EIA license, EIA cost in Kenya, and documents your consultant will need.

Table of Contents

EIA Is a Legal Requirement

The EIA Process In Kenya

   #1 Screening

   #2 Scoping and Development of Terms of Reference (TOR)

   #3 Impact Analysis

   #4 Mitigation

   #5 Public Participation

   #6 Reporting

          Documents Attached to an EIA Report in Kenya

          The Cost of EIA In Kenya

   #7 Decision Making

   #8 Follow Up

Project Categorization According to Legal Notices 31 and 32 of 2019

   Category #1: Low Risk Projects

     Necessary Information in a Summary Project Report (SPR) in Kenya

     Expected Outcomes After Submission of a Summary Project Report (SPR)

   Category #2: Medium Risk Projects

     Necessary Information in a Comprehensive Project Report (CPR) in Kenya

     Expected Outcomes After Submission of a Comprehensive Project Report (CPR)

   Category #3: High Risk Projects

     Necessary Information in an EIA Study Report (SR) in Kenya

     Public Participation Process for High Risk Projects After Report Submission to NEMA Offices

     Expected Outcomes After Submission of a Study Report (SR)

Your Project Isn’t Listed Above?

EIA Is a Legal Requirement

EIA is a legal requirement in Kenya rooted in the constitution. Chapter 69 of the Constitution of Kenya lists obligations in respect of the environment. The state must establish systems of environmental impact assessment, environmental audit, and environmental monitoring. The state must also eliminate processes and activities likely to endanger the environment.

Consequently, the National Assembly of the Republic of Kenya has developed several laws to establish systems and guide the environmental impact assessment process in Kenya. The Environmental Management and Coordination Act (EMCA) 1999 (cap 387 of the laws of Kenya), Environmental (Impact Assessment And Audit) Regulations 2003, Environmental Management and Coordination Act (Amendment) Act 2015, and Environmental (Impact Assessment and Audit) (Amendment) Regulations 2019, are some of these laws.

An EIA is done before the development or project begins. EIA is carried out by an Environmental Impact Assessment/ Environmental Audit (EIA/EA) expert duly registered and licensed by the National Environment Management Authority (NEMA). Depending on the project type, the consultant must submit one of three reports for the proponent (developer).

• Summary Project Report (SPR) for low-risk projects
• Comprehensive Project Report (CPR) for medium-risk projects
• Study Report (SR) for high-risk projects

The EIA process in Kenya is relatively straightforward. Let's take a look.

The EIA Process In Kenya

#1 Screening

The NEMA approval process starts at the screening stage. Screening is done to determine the necessity of an EIA and the assessment levels, if an EIA is required.

Legal notice 31 of 2019 on EIA guides experts on what projects need an environmental impact assessment and at what level. Developments are categorized as low, medium, and high risk.

#2 Scoping and Development of Terms of Reference (TOR)

The scoping exercise identifies the extent of the EIA and important decision-making issues.

Terms of Reference (TOR) provides guidelines on how the EIA should be conducted. It includes the purpose and objectives of the EIA, consultant details, scope of work, baseline information, and work schedule, among other details. The consultant collaborates with NEMA to provide the client with the TORs necessary for conducting an EIA.

Legal notice 32 of 2019 in Kenya guides EIA/EA experts on the extent of EIA to be done. It details essential details included in EIA reports depending on a project's risk level.

#3 Impact Analysis

After scoping and screening, the consultant analyses the project to predict positive and negative impacts—for example, the expected soil contamination from a proposed petrol station.

#4 Mitigation

Mitigation establishes measures to prevent or compensate for negative environmental and social impacts.

It also helps reduce the severity or seriousness of negative impacts. For example, construction could cause noise pollution to the neighbors. Although the noise and excessive vibrations pollution control 2009 regulations prohibit construction at night, it allows public utility construction, such as roads and bridges, at night. However, the law prescribes maximum permissible noise levels.

Mitigation measures should also include suggestions from the public participation process.

#5 Public Participation

Article 69 of the constitution of Kenya obligates the need for public participation in the management, protection, and conservation of the environment. Therefore, public participation with stakeholders and Project Affected Persons (PAPs) is vital for any EIA process.

Furthermore, legal notice 32 of 2019 necessitates inclusive public participation and a summary of issues raised during the process. The consultant must show proof of public participation, attaching duly signed minutes of consultation meetings, attendance lists, and filled questionnaires to the final report.

#6 Reporting

A licensed EIA expert prepares the EIA report per the law, including all necessary information for clear decision-making. Some documents are attached to the report.

Documents Attached to an EIA Report in Kenya

The Authority requires the consultant to attach relevant documents to support the EIA license application. They include but are not limited to, the following:

• Title deed
• Lease agreement if the proponent doesn't own the land
• Certified Bill of Quantities (BQ)
• Approved architectural plans
• Approved structural plans
• Proof of change of user from the County Government's Department of Physical Planning
• Evidence of public participation. It includes attendance lists, signed minutes, and filled questionnaires.
• Hydrological survey report
• Relevant permits

This work comes at a cost.

The Cost of EIA In Kenya

There is no blanket EIA cost in Kenya. It's all project-specific. Here are common billable items.

1. Consultant's fee, charged based on an hourly rate, percentage of the project cost, or retainer fees.
2. EIA processing and monitoring fee of 0.1% of total project cost or a minimum of Ksh. 10,000 paid to NEMA.

   

3. Surrender, transfer, or variation of environmental impact assessment license Ksh. 5,000
4. Processing and monitoring of Strategic Environmental Assessment (SEA) report: Ksh. 1,000,000.
5. Permits
6. Lab fees. For example, soil analysis/ survey

#7 Decision Making

NEMA issues a decision on the EIA license application after consultation with relevant lead agencies and public participation (for high-risk projects). It may:

1. Ask for more information from the proponent and consultant
2. Reject the EIA license application
3. Grant the EIA license with conditions. The EIA license is valid for 24 months. The project must start within this time. However, you can extend it to a maximum of 4 years by paying Ksh. 5000

#8 Follow Up

Follow-up depends on the decision arrived at by the Authority.

1. The consultant and proponent should supply the Authority with the requested information when asked. Afterward, the Authority may accept or reject the license application.
2. If attainable, address the issues raised when an EIA license application is rejected. You can also appeal the decision.
3. Implement the project once the EIA license is granted, meeting all terms and conditions. Follow up with a mandatory annual Environmental Audit (EA) to be submitted to NEMA by a duly licensed EIA/EA expert. You can also self-audit as many times as you need in a year to keep up with internal environmental management goals.

Project Categorization According to Legal Notices 31 and 32 of 2019

Category #1: Low Risk Projects

Low risk projects require a Summary Project Report (SPR). The SPR was introduced in legal notice 32 of 2019. NEMA has clearly stated the guidelines for the submission of SPRs.

SPRs are submitted online by your EIA expert via the NEMA licensing portal or ecitizen NEMA links. Processing takes five days after submission. The consultant should also submit one hard copy to the relevant county's NEMA offices in case of internet challenges. The proponent and consultant must duly sign all hard copies.

Here's a list of low risk projects in Kenya.

Necessary Information in a Summary Project Report (SPR) in Kenya

1. Proponent and consultant details. Usually, name, phone number, and designation.
2. Nature of the project. Should include relevant plan (s) signed by a registered engineer.
3. Project location includes:
• Global Positioning System (GPS) coordinates
• Proof of land ownership or lease agreement
• Any environmentally sensitive area to be affected
4. Availability of supportive environmental management infrastructure, such as
5. 1. Conformity to land use plan or zonation plan. Proof of change of user if you applied for one. Please note that a change of user is done before an EIA. An EIA is an irrelevant process if a change of user application is denied.
   2. Potential negative and positive environmental and social impacts in all project phases- the construction, operational, and decommissioning stages.
   3. Mitigation plan for all negative impacts at all project cycle phases.
   4. Environmental and Social Management Plan (ESMP) for all the project phases.
   5. Evidence of public consultation with key stakeholders and Project Affected Persons (PAPs). It includes duly signed minutes of consultation meetings, attendance lists, and filled questionnaires.

Expected Outcomes After Submission of a Summary Project Report (SPR)

A proponent should expect one of three outcomes after the consultant submits an SPR to the Authority. The Authority will:

1. Request more information from the proponent and expert if the report lacks enough information for the Authority to make an informed decision.
2. Request for a Comprehensive Project Report (CPR) if the proposed project may have a significant adverse environmental impact.
3. Exempt the proponent from submitting a CPR and issue an EIA license with conditions.

The Authority communicates the same to both the consultant and proponent.

Category #2: Medium Risk Projects

A Summary Project Report (SPR) is acceptable for medium risk projects. Some consultants prefer to do a Comprehensive Report (CPR) when the project is highly likely to have adverse environmental and social impacts.

The images below show a list of medium risk projects in Kenya.

The consultant submits five duly signed CPR hard copies and one hard copy for county-level processing. The county and relevant lead agencies review the report and approve or disapprove it within 45 days of submission. For example, your consultant will submit the CPR report in Kajiado County if your medium-risk project is in Kajiado.

Necessary Information in a Comprehensive Project Report (CPR) in Kenya

1. Proponent and consultant details. Usually, name, phone number, and designation.
2. The nature of the project. Includes design and signed plan (s) from a licensed engineer.
3. The location of the project includes:
• Proof of land ownership or lease agreement
• The Global Positioning System (GPS) Coordinates
• The physical area that may be affected by the project's activities
4. The project cost. Derived from the certified Bill of Quantities (BQ) from a registered Quantity Surveyor.
5. Conformity to land use plan or zonation plan. Proof of change of user if you applied for one.
6. All activities undertaken during all project phases.
7. Description of relevant international, national, and county environmental legislative and regulatory frameworks on environmental and socio-economic matters.
8. The materials to be used, products and byproducts, including waste to be generated by the project, and the methods of their disposal
9. The potential environmental, economic, and social-cultural impacts of the project at the local and national level
10. Mitigation measures of negative environmental and social impacts in all project phases
11. An analysis of available alternatives includes:
• Alternative project site
• No project option
• Alternative design. For example, incorporating green building practices
• Alternative technologies. For instance, biodigester instead of a septic tank
• Alternative processes; and the reasons for preferring the proposed site, design, technologies, and processes
12. An action plan for the prevention and management of possible accidents during the project cycle
13. An Occupational Safety and Health (OSH) plan for the workers and neighboring communities
14. A relocation or resettlement plan for persons affected by the project
15. A strategic communication plan to ensure inclusive stakeholder participation 
16. Summary of issues discussed at the public participation forum
17. An Environmental and Social Management (ESMP) at all project cycles
18. Integration of climate change vulnerability assessment, relevant adaptation, and mitigation actions
19. Any other information the Authority may require

Expected Outcomes After Submission of a Comprehensive Project Report (CPR)

Expect three possible outcomes after the consultant submits a CPR to the Authority. The Authority will:

1. Request the CPR to be upgraded to a Study Report (SR)
2. Issue a license with conditions
3. Reject the EIA license application stating reasons and right of appeal.

The Authority communicates the same to both the consultant and proponent.

Category #3: High Risk Projects

High risk projects require a Study Report (SR), Kenya's most extensively detailed EIA report. The consultant submits ten duly signed SR hard copies and one electronic for processing at NEMA headquarters in Nairobi. It's reviewed within 90 days.

Here's a list of high risk projects in Kenya.

An EIA/ EA expert is required to prepare a study report for high risk projects covering the following areas.

Necessary Information in an EIA Study Report (SR) in Kenya

1. Proponent and consultant details. Usually, name, phone number, and designation.
2. The nature of the project. Includes design and signed plan (s) from a licensed engineer.
3. The location of the project includes:
• Proof of land ownership or lease agreement
• The Global Positioning System (GPS) Coordinates
• The physical area that may be affected by the project's activities
4. The project cost. Derived from the certified Bill of Quantities (BQ) from a registered Quantity Surveyor.
5. Conformity to land use plan or zonation plan. Proof of change of user if you applied for one.
6. Aspects of the environment likely to be affected. It includes human population, plants, animals, water, air, soil, climate, landscape, archeological sites, and transboundary and geo-political issues.
7. All activities undertaken during all project phases.
8. Description of relevant international, national, and county environmental legislative and regulatory frameworks on environmental and socio-economic matters.
9. The materials to be used, products and byproducts, including waste to be generated by the project, and the methods of their disposal
10. The potential environmental, economic, and social-cultural impacts of the project at the local and national level
11. Mitigation measures of negative environmental and social impacts in all project phases
12. An analysis of available alternatives includes:
• Alternative project site
• No project option
• Alternative design. For example, incorporating green building practices
• Alternative technologies. For instance, biodigester instead of a septic tank
• Alternative processes; and the reasons for preferring the proposed site, design, technologies, and processes
13. An action plan for the prevention and management of possible accidents during the project cycle
14. An Occupational Safety and Health (OSH) plan for the workers and neighboring communities
15. A relocation or resettlement plan for persons affected by the project
16. A strategic communication plan to ensure inclusive stakeholder participation 
17. Summary of issues discussed at the public participation forum
18. An Environmental and Social Management (ESMP) at all project cycles
19. Integration of climate change vulnerability assessment, relevant adaptation, and mitigation actions
20. Any other information the Authority may require

Public Participation Process for High Risk Projects After Report Submission to NEMA Offices

Section 59 of the EMCA (amendment) 2015 Act guides the public participation process. Once the Authority receives the project report, it shall publish project details on the following:

• The Kenya Gazette
• At least two newspapers circulating in the area or proposed project location (This is usually done once per newspaper, all in the same week)
• Radio
• NEMA website
• In some cases, the report is subjected to public hearing.

The public notice should contain the following project details.

• A summary project description
• Project location
• Location for the environmental impact assessment study, evaluation, or review report inspection
• Time limit (up to 60 days) for submission of written or oral comments on the SR, evaluation, and review.

After the 60-day public participation process, NEMA, through a written request by the Director-General, seeks input from relevant lead agencies. NEMA dispatches hard copy reports to these agencies, who submit with written comments within 30 days.

Expected Outcomes After Submission of a Study Report (SR)

After an extensive review process, the proponent should expect one of three outcomes. The Authority may:

1. Require the proponent, at their own expense, to carry out further EIA study for a more exhaustive report
2. Issue an EIA license with terms and conditions necessary to 'facilitate sustainable development and sound environmental management.'
3. Reject EIA license application stating reasons and right of appeal.

Your Project Isn't Listed Above?

There's no need to worry if your planned project isn't listed in legal notice 31. Your consultant will screen, scope, and work with NEMA to develop TORs and know which report is most suitable for your project. NEMA will issue you a clearance letter, citing no objection to the proposed project. The letter can be shared with concerned parties. Wondering where to start? Contact us today for EIA services.