International Journal of Arts and Humanities

ISSN 2360-7998

Assessment of the Adequacy of Environmental Laws to Environmental Management in Kenya


Abstract: Environmental law is an essential tool for the governance and management of the environment and natural resources. Therefore, it must guide the management of waste and guarantee the sustainable use of natural resources. Lawlessness and inadequacy contribute to Kenya's environmental degradation. The analysis provides a comprehensive assessment of current environmental laws, their enforcement levels, and a constructive comparison of their effectiveness against optimal environmental management practices. This paper will identify the law's shortcomings, elucidate the underlying causes, and provide a practical suggestion to enhance the law's effectiveness in promoting better environmental governance and management of natural resources. The assessment concentrated on examining various environmental laws, such as the Environmental Management and Coordination Act (EMCA 1999), the Water Act 2002, the Local Government Act (Cap 265 of the Laws of Kenya), and the Public Health Act (Cap 242 of the Laws of Kenya), among others. We also scrutinised government institutions such as the National Environment Management Authority (NEMA), Water Resources Management Authority (WRMA), and local authorities, which are responsible for managing the environment and enforcing environmental laws. The analysis revealed weaknesses in the law that governs the disposal of e-waste and air pollution control. These weaknesses include the absence of guidelines and quality standards, the lack of enforcement of the law that requires the segregation of some solid waste and industrial effluent pre-treatment, and the underfunding of government institutions, which is blamed for the low enforcement and lack of environmental monitoring programs.

 

Keywords: E-waste, air pollution, industrial effluent, solid waste