Looking Out....................

Connect with us

Frequently Asked Questions

Environment includes the physical factors of the surroundings of human beings including land, water, atmosphere, climate, sound, odour, taste, the biological factors of animals and plants and the social factor of aesthetics and includes both the natural and the built environment;

EIA is part of the project development process and is usually done at the initial stages of the project development. It is a decision making tool and should guide whether a project should be implemented, abandoned or modified prior to implementation.

EIA as a legal requirement:Any person, being a proponent of a project, shall, before financing, commencing, proceeding with, implementing,executing or conducting or causing to be financed, commenced, proceeded with, carried out, executed or conducted by another person any undertaking specified in the Second Schedule of EMCA, submit an Environmental Impact Assessment Project Report to the National Environment Management Authority(NEMA), in the prescribed form, giving the prescribed information and which shall be accompanied by the prescribed fee.

No licensing authority under any law in force in Kenya shall issue a trading, commercial or development permit or license for any project for which an EIA is required or for a project/ activity likely to have a cumulative significant negative environmental impacts unless the applicant produces an EIA license issued by the authority.

It is a legal requirement.When you submit an Environmental Impact Assessment to NEMA, they review it and either reject your proposal, direct undertaking of a full study or approve your project subject to some conditions.When approved NEMA issues the project proponent with an Environmental Impact Assessment License which gives authority to the project proponent to carry out their proposal.Without such a license it is an offence to carry on with developing your project.

The Environmental Management and Co-ordination Act(EMCA), 1999 is an ACT of Parliament that provides an appropriate legal and institutional framework for the management of the environment and for the matters connected therewith and incidental thereto

An Environmental Impact Assessment(EIA) means a systematic examination conducted to determine whether or not a programme, activity or project will have any adverse impacts on the environment.An EIA identifies both negative and positive impacts of any development activity or project, how it affects people, their property and the biological environment.It also identifies the measures to mitigate the negative impacts while maximizing on the positive ones.

An Environmental Audit means the systematic, documented, periodic and objective evaluation of how well environmental organisation, management and equipment are performing in conserving or preserving the environment.

Tehilla Firm of Experts charge consultancy fees to prepare EIA Project Reports depending on the nature and scope of project.We undertake a Environmental Project Assessment to assess and evaluate our consultancy charges,which are very modest .NEMA charges a submission fee equivalent to 0.05% of the cost of the project, minimum being Kshs. 10,000.00.

The Director-General of NEMA responds to the applications for environmental impact assessment licence within six months. Any person who upon submitting his application does not receive any communication from the Director-General within the stipulated time may within nine months of such submission start his undertaking.

NEMA can, on the advice of the Standards and Enforcement Review Committee, cancel, revoke or suspend any environmental impact assessment licence for such time not exceeding twenty four months where the licensee contravenes the provisions of the licence. Whenever an environmental impact assessment licence is revoked, suspended or cancelled, the holder thereof shall not proceed with the project which is the subject of the licence until a new licence is issued by NEMA.

Step 1: The developer initiates the project proposal

Step 2: EIA expert commissioned to prepare EIA report

Step 3: EIA expert seeks public views and prepares EIA report

Step 4: EIA expert submits the EIA Report to NEMA together with submission fee of 0.1% of total project cost.

Step 5: NEMA publishes notices in the daily press soliciting public comments or views

Step 6: NEMA circulates reports to lead agencies

Step 7: NEMA communicates approval with or without conditions or rejection to the developer

Step 8: NEMA carries out field inspection to ascertain conformity or adherence to conditions

Step 9: NEMA issues a licence to the developer or directs otherwise where conditions are not met

Environmental Impact Assessment/Audits studies and reports required under EMCA are conducted or prepared respectively by individual experts or a firm of experts authorised by NEMA. NEMA maintains a register of all individual experts and firms of experts duly authorized by it to conduct or prepare environmental impact assessment studies and reports respectively. The register is a public document and may be inspected at reasonable hours by any person on the payment of a prescribed fee.Tehilla Company Limited is a NEMA Registered Firm of Experts, Redg.No: 2996.

An environmental impact assessment licence may be transferred by the holder to another person only in respect of the project in relation to which such licence was issued. Where an environmental impact assessment licence is transferred , the person to whom it is transferred and the person transferring it shall jointly notify the Director-General of NEMA in writing of the transfer, not later than thirty days after the transfer.

Projects specified in the Second Schedule of the Environmental Management and Coordination Act,(EMCA) 1999 which include; Urban development, transportation, quarrying and mining,water resources, agriculture,processing and manufacturing industries, waste disposal, natural conservation, electrical infrastructure, etc.

Depending on the nature and scope of a project, it takes Tehilla Firm of Experts at least one week and at most 3 months to prepare an Environmental Impact Assessment Project Report.

The proponent of a project shall undertake or cause to be undertaken at his own expense an environmental impact assessment full study and prepare a report thereof where NEMA being satisfied, after studying the EIA project report submitted that the intended project may or is likely to have or will have a significant impact on the environment.

NEMA is responsible for carrying out environmental audit of all activities that are likely to have significant effect on the environment. An environmental inspector appointed under EMCA may enter any land or premises for the purposes of determining how far the activities carried out on that land or premises conform with the statements made in the environmental impact assessment study report issued in respect of that land or those premises . The owner of the premises or the operator of a project for which an environmental impact assessment study report has been made shall keep accurate records and make annual reports to NEMA describing how far the project conforms in operation with the statements made in the environmental impact assessment study report submitted.