NEMA to Fine Air Polluters Ksh4 Million or 4 Years in Jail in Proposed Laws

Factories emitting clouds of smoke
Factories emitting clouds of smoke
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The government is set to adopt punitive measures in a bid to deal with air pollution by raising the penalty from Ksh500,000 to Ksh4 million in proposed laws.

In the looming regulations yet to be adopted, the jail term for offenders will also be raised from 6 months to 4 years.

The National Environmental Management Authority (NEMA) states that the move is meant to tame air pollution from factories in urban areas.

NEMA has proposed changes to  Air Quality Regulations, 2022. The new regulations will reduce environmental damage and facilitate economic development and socio-economic benefits.

An image of NEMA offices in Nairobi, Kenya
An image of NEMA offices in Nairobi, Kenya.
NEMA

“A person who fails to comply with the provisions of these regulations commits an offense and is liable on conviction to a fine not exceeding Sh4 million or to imprisonment not exceeding four years or to both such fine and imprisonment,” reads the draft regulations that have now been subjected to a public participation phase. 

According to NEMA, the new regulations will address the existing gaps brought forth by the industrial growth and increase in air pollution in the country.

“This new regulation supports the government policy objectives such as vision 2030, the big four agenda, and Medium Term Plan III(MTP III). It will also provide a good investment climate,” read part of the draft.

The government body has urged companies to acquire licensing supporting industry compliance and adopt internationally recognized standards on air quality management.

“The review of the regulations has been of high interest to all stakeholders including various industry players, Lead Agencies, development partners, citizens, professionals, academia, media, and civil society. This Regulatory instrument is a critical tool for environmental management in Kenya,” concluded the statement.

Early in June, WHO highlighted that most of the air pollution in Africa comes from the open burning of biomass. This is a common practice by farmers in the dry season to clear land and prepare for the next sowing season.

The 2022 Kenya Economic Survey conducted by the Kenya National Bureau of Statistics shows that respiratory diseases accounted for 21 per cent of the disease load in 2021. This is 20.6 million deaths caused by respiratory difficulties that can be contributed by air pollution.

An aerial view of Nairobi City's skyline in 2023.
An aerial view of Nairobi City's skyline in 2023.
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Eyeconic Media
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