National Environment Management Authority (NEMA) Director General Mamo Boru on Thursday revealed that every Kenyan has a right to a clean environment under the condition that everyone keeps their surroundings clean.
As a result, the Environmental Management and Coordination Act (EMCA) introduced a new law known as Locus Standi essentially giving the legal right to take anyone to court over environmental crimes.
The inclusion of the law had been informed by a suit the late Prof-Wangari Mathai filed against the State over the construction of a complex in Uhuru Park. The court had pronounced that Mathai did not have the locus standi and the case was thrown out.
“We came up with the only environmental framework law in 1999-the Environmental Management and Coordination Act (EMCA) that wholistically looked into the environmental issues in the country."
"Before 1999, environmental laws were scattered into 78 statutes which were brought into one umbrella-EMCA,” the DG stated.
According to the Act, NEMA mandates all Kenyans to ensure they take all reasonable measures to avoid the generation of waste or ensure all the waste generated is disposed of properly.
Households are expected to reduce, re-use, recycle, and recover waste as well as adopt a circular economy in the management of waste.
Other requirements include the segregation of waste at source and minimise the amount of waste that is generated.
"Every citizen shall ensure that they manage their waste in such a manner that does not endanger their health or the environment or cause a nuisance through the noise, odour or visual impacts," read the Act in part.
Fines and Jail Term
If found culpable, the Act recommends jail term of the perpetrators for up to six months.
"A person who does not manage waste in accordance with the provisions subsection (1) above commits an offence and shall, upon conviction, be liable to a fine not exceeding Ksh 50,000 or to or a term of imprisonment not exceeding six months, or to both," added the Act.
Mamo further noted that the Locus Standi law accorded individuals a chance to sue powerful people including those working in Government as well as companies.
“Kenyans being very litigious, I now have 104 cases in court,” the DG poised.
“We have a progressive Constitution; many people call it a green constitution. If you look from the preamble it talks about our environment being our heritage that must be conserved for the current and future generations,” the DG noted. He further postulated that every Kenyan has a right to maintain their surroundings clean.
