Environmental Impact Assessment (EIA)

Complete Overview of the Process in Kenya

EIA Process Resources

What is an EIA?

An Environmental Impact Assessment (EIA) is an essential environmental management tool. It is a systematic and scientific study used to:

  • Identify, predict, and critically examine the potential positive and negative impacts of a planned project on the environment.
  • Improve the quality of the project outcome by incorporating environmental considerations early on.
  • Develop robust mitigation measures for any negative impacts that may result from the proposed development activities.

Legal Framework for EIAs in Kenya 🇰🇪

The EIA process is mandated and governed by a robust legal framework, ensuring environmental protection and the right to information.

Constitution of Kenya

Fundamental rights and duties that necessitate the EIA process:

  • Article 42: Right to a clean and healthy environment.
  • Article 69: Duty of the state with respect to the environment.
  • Article 35: Right to information.
  • Article 47: Fair administrative action.

Key Legislation

  • Environmental Management and Coordination Act (EMCA):

    The framework law that established the National Environment Management Authority (NEMA) and mandates both SEAs and EIAs.

  • Environmental Management (Impact Assessment and Audit) Regulations, 2003:

    Provides the detailed, step-by-step guide on how to conduct an EIA and manage public participation.

EIA Triggers and Stages

What Triggers an EIA?

A project is triggered for an EIA if it is listed in Schedule II of the EMCA , categorized by risk level:

Low & Medium Risk:

Requires a summary or comprehensive project report . Public participation is not required .

High Risk:

Requires a full EIA study led by qualified and recognized EIA experts.

4 Main Stages of the EIA Study Process

  1. Screening

    NEMA reviews the nature, location, and potential impact of the project to determine the required report type.

  2. Approval of Terms of Reference (ToRs)

    A framework that guides the entire EIA study, detailing the geographic area, impacts, issues, and public involvement provisions.

  3. EIA Study

    Comprehensive study considering environmental, social, cultural, economic, and legal factors, culminating in a detailed report including a non-technical summary , baseline study , alternatives analysis , and mitigation plans .

  4. Decision Making

    NEMA issues its decision (approve, refuse, or request more information) within three months .

Public Participation in EIA

Public engagement is a critical procedural requirement for high-risk projects to ensure transparency and inclusivity.

1. Before Submission (Regulation 17)

Proponent seeks views from affected persons.

  • Requires at least 3 public meetings.
  • Announced via posters, newspaper notice, and radio (official & local language).

2. Post Submission (NEMA Call)

NEMA invites oral and written comments on the report.

  • Notice published in the Gazette and nationwide newspaper.
  • A minimum of 30 days is given for public review.

3. Public Hearing (Discretionary)

NEMA may, at its discretion, call for a hearing.

  • Venue must be convenient and accessible to affected people.
  • Date, time, and place communicated one week prior.

Evaluating an EIA Report

Reviewing an EIA involves examining both its substantive content and procedural adherence.

Evaluation Area Key Focus (Substantive Questions)
Terms of Reference (ToRs) Were the ToRs approved, authentic, and adequately guiding the proponent for an in-depth study?
Project Description Does it provide sufficient detail on location, materials, technology, and design to understand environmental impacts?
Baseline Information Is there a description of the project area (e.g., land use, water, health, ecology) and any sensitive areas?
Project Alternatives Does it include analysis of the "no project" alternative, as well as the least environmentally damaging location and technology options?
Impacts & Mitigation Does it predict both positive and negative social/environmental impacts? Is there a detailed plan to Avoid, Minimize, and Offset negative impacts?