The National Environment Management Authority (NEMA) administers the Environmental Management and Co-ordination Act (EMCA) No. 8 of 1999. Failure to comply can result in facility closure, criminal prosecution, and significant remediation liability.

Environmental Impact Assessment

Manufacturing facilities listed in the Second Schedule of the EMCA require an EIA before commencement. The EIA process involves preparing a project report, conducting a full EIA study by a licensed expert for larger projects, public participation, and NEMA approval. No construction or operation can commence on a project requiring an EIA until NEMA issues a licence.

Environmental Audit and Monitoring

Facilities with NEMA approval are subject to annual environmental audits conducted by NEMA-licensed auditors. Non-compliance identified in an audit must be remedied within NEMA-set timelines.

Effluent and Emissions Standards

The Water Quality Regulations 2006 set standards for trade effluent discharged to public sewers, watercourses, or land. The EMCA Air Quality Regulations 2014 set emission standards for industrial plants. Monitoring, record keeping, and reporting obligations apply.

Waste Management

The Waste Management Regulations 2006 require responsible management of industrial waste. The Sustainable Waste Management Act 2022 requires certain manufacturers and importers to take responsibility for end-of-life product management under the Extended Producer Responsibility (EPR) framework.

Penalties

The EMCA provides for fines of up to KES 10 million and imprisonment for serious offences. Directors can be personally liable. Civil liability for environmental damage, including clean-up costs, can significantly exceed regulatory penalties.

Ensuring your manufacturing operation is NEMA-compliant? Contact Clay & Associates Advocates. Book a Consultation