Highlights of investigated cases

The following complaints investigated by NECC are hereby highlighted in order to draw attention to the line ministries and NEMA on the magnitude of environmental degradation countrywide, which may even have international ramifications, e.g. the sewerage problem in Mombasa vis a vis tourism, the country’s top foreign exchange earner.

The complaint alleged that there were sand harvesting activities that had interfered with the ability of the sand in the river to contain the water along Kerio River, which had become seasonal as a result of degradation caused by rampant sand harvesting. This complaint highlighted the absence of harmonization of environmental laws and coordination among the different agencies dealing with the particular aspects of the environment hampers the seamless interpretation and implementation of the law in environmental management.

The government should provide a unified legal framework that will address the short-comings amongst the environmental agencies, which includes;

• Licensing
• Enforcement
• Management
• Coordination
• Institutional weaknesses

Burning of waste is worsening air pollution by pumping more emissions into the atmosphere. Garbage burned in such fires normally emits gases like carbon monoxide, mercury as well as carbon dioxide – the most common greenhouse gas produced by human activity that can substantially affect human health and climate change.

Incineration of medical waste has also caused alarms due to the health hazards associated with the smoke. Items common to medical waste that may contain dioxins and furans are blood bags and fluid (IV) bags. Smaller amounts of dioxins are present in bleached paper products including facial tissue, toilet tissue, paper towels, and disposable diapers. Instead of recycling them, the medical waste incinerator needlessly burns plastic and paper products – the very things that when burned form dioxins and furans. Dioxins formed during incineration are released into the air and travel long distances via air currents, contaminating fields and crops. Cattle and other livestock eat soil contaminated with dioxin which enters their tissues and then people consume the contaminated meat and dairy products. Once dioxins enter the human body they are absorbed by fat tissue where they bio-accumulate. In the environment, dioxins tend to accumulate in the food chain. Birds are highly susceptible to poisoning because of their eating habits close to the ground. This accumulation has been linked with the increased cases of cancer in the recent past.

Despite waste burning causing such harmful health and environmental effects, it rarely attracts much attention. The sad reality is, emissions from burning waste in open fires often go unreported to environmental agencies and are left out of national inventories of air pollution. As a result, there are currently no resilient policies regulating the act.

Examples of outstanding cases include;

• The emissions from the Bomu Hospital incinerator were linked to health hazards in the neighbourhood.
• Most dumpsites for example Dandora, Kachok and Kibarani, have a tendency of burning waste which emits a choking smell that has substantially affected human health and climate change, to say the least.

With increased urbanization and industrialization the aspect of noise pollution can no longer be ignored. Noise from entertainment spots, automobiles, religious setups and heavy machinery has become a nuisance to nearby residents. Lack of adherence to the regulations setup by the Authority is detrimental to the enjoyment of peace and quiet.

Citing a few examples below:

• Mtwapa Stakeholders Forum complained of excessive noise due to loud music played at night by the clubs affecting area residents
• Residents of Nairobi west lodged a complaint against The House of Grace Church for carrying night vigil as they conduct their pastoral activities which resulted in noise pollution
• Residents of Kilungu Lane complained of noise pollution caused by barking dogs belonging to Radar Security Limited

Over the period, NECC has been able to carry out investigations into 17 cases of deforestation. There is massive destruction of forests due to illegal logging, charcoal burning, woodfuel demand, demand for construction materials and clearing of forests to pave way for projects. A few outstanding cases include:

• In Taita Taveta County, there is clearing of forest land for the proposed relocation of Voi Girls’ Education Centre to pave way for the construction of he Standard Gauge Railway (SGR).
• In Kwale County there is indiscriminate cutting down of trees to meet the demand for construction materials and charcoal burning. The mangrooves are threatened by over exploitation, pollution, salt manufacture and siltation.
• In Dakatcha woodlands, there’s irregular issuance of permits to allow charcoal burning.
• Inadequate capaciy in personel and equipment for effective forest management is leading to the encroachment of gazetted forests. Deforestation is likely to lead to loss of biodivesity and destruction of water catchment areas and threatening the water towers.

E.I.A is critical in the examination of the effects of a project on the environment. An E.I.A identifies both negative and positive impacts of any development activity or project, how it affects people, their property and the environment at large. If a comprehensive E.I.A is carried out then the safety of the environment can be properly managed at all stages of a project –planning, design, construction, operation, monitoring and evaluation as well as decommissioning.

NECC has investigated cases involving commencement of projects without conducting EIA. A case scenario is that of the Northern Collector Water Tunnel in Murang’a County. The Athi River Water Service Board (AWSB) commenced the construction of the Northern Collector Water Tunnel without a requisite E.I.A license. There are cases where an EIA was conducted without adequate public participation in the process.

The case of Riverside Gardens Residents Association against Globe Developers Limited; there was objection to a proposed development due to violation of zoning regulations and inadequate public participation during the EIA process. There are also cases where project proponents failed to stick to the conditions of the EIA license.

A good example is the case of Syracuse Wildlife House and Research Center against NEMA, Kajiado County where there was construction of a storey building without following the requisite EIA process.

This is the contamination of water bodies of lakes,rivers,oceans as well as acquifers and ground water. It occurs when pollutants are discharged directly or indirectly into water bodies without adequate treatment to remove the harmful compounds. The main sources of water pollution are industrial discharge,sewage,seepage from waste sites and illegal solid and liquid waste disposals. Millions of people are vulnerable to health risks as a result of consuming contaminated water or using the same to irrigate crops. Contamination also leads to death of aquatic life,disruption of food chains,destruction of ecosystems,water crisis etc.

NECC has investigated a huge chunk of cases on water pollution,including:

• Mr. Joseph Kigutuki complained to NECC against the Meru County Government on to the location of a dumpsite within the forest whereby waste is washed down into a water source posing a health risk to the area residents of Nkunga Location.
• NECC received a complaint regarding environmental degradation as result of disposal of untreated sewage from Embu Town and Mwea Irrigation Scheme into Rivers Rupingazi and Nyamindi