Environmental Impact Assessments: What Developers Need to Know

Under the Environmental Management and Co-ordination Act (EMCA), many development projects in Kenya require an Environmental Impact Assessment (EIA) licence from the National Environment Management Authority (NEMA) before work begins. Starting a project without the necessary licence can lead to stop orders, penalties and costly delays. Developers should keep the following in mind.

Check whether your project needs an EIA. EMCA sets out the categories of projects that require assessment, ranging from lower-risk projects that can proceed on a summary project report to high-risk projects that need a full study. Early classification avoids surprises later in the timeline.

Engage registered experts. EIA reports must be prepared by experts registered with NEMA. Their findings will shape the conditions attached to your licence.

Plan for public participation. Meaningful consultation with affected communities is a core part of the process. Poor consultation is a frequent ground for challenges before the National Environment Tribunal and the Environment and Land Court.

Comply with licence conditions. An EIA licence typically comes with conditions on construction, waste and ongoing monitoring. Annual environmental audits may also be required once the project is operational.

Our environmental law team advises developers, investors and lenders on licensing, compliance and environmental disputes. Contact us early in your project planning.