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Report 17<br />

413<br />

Mwawughanga<br />

3.2 Environmental legislation <strong>of</strong> Kenya and its role in project development<br />

The Kenyan <strong>environmental</strong> legislation is still in its infancy. The Environmental Management and<br />

Coordination Act was passed in 1999. Before then, <strong>environmental</strong> matters were addressed by different<br />

Acts in the various sectors, such as agriculture, forestry, physical and land use planning, water and other<br />

resources. The 1999 Act deals with <strong>environmental</strong> matters in a holistic manner.<br />

From the early 1990s, major projects – especially those that relied on financing from multilateral financial<br />

institutions such as the World Bank and the International Monetary Fund – were subject to EIA as a<br />

primary precondition for funding. Therefore, all power development projects in Kenya implemented after<br />

1991 had EIAs done before implementation. However, the public had little awareness <strong>of</strong> the process and<br />

thus made no contribution. The new Act requires public participation, there is greater scrutiny, and there<br />

are well defined implications in case the law is not followed.<br />

The Act contains twelve sections, with section six dealing with EIA. Other sections deal with<br />

<strong>environmental</strong> audit, monitoring, protection, conservation, quality standards, restoration, conservation<br />

easements and <strong>of</strong>fences, among others. In addition there are schedules, one <strong>of</strong> which (Schedule 2) outlines<br />

the type <strong>of</strong> projects for which EIA is mandatory. Thus, any development projects, including hydropower<br />

and <strong>geothermal</strong> power plants, that fit a category listed in Schedule 2 have to be subject to EIA. All the<br />

sections affect projects at different stages <strong>of</strong> implementation and understanding the entire Act is important<br />

for project developers.<br />

The National Environmental Management Authority (NEMA) is the body charged with ensuring the<br />

proper administration <strong>of</strong> the Act through supervision and coordination <strong>of</strong> all environment management<br />

activities being undertaken by the lead agencies. NEMA promotes the integration <strong>of</strong> <strong>environmental</strong><br />

considerations into development policies, plans and programmes, while ensuring sustainable utilization<br />

<strong>of</strong> resources for the improvement <strong>of</strong> the well-being <strong>of</strong> the people. EIA is one <strong>of</strong> the vital <strong>environmental</strong><br />

planning and management tools available to NEMA. The EIA application for the licence process is shown<br />

in Figure 2.<br />

4. GEOTHERMAL ELECTRIC POWER DEVELOPMENT<br />

4.1 General <strong>environmental</strong> impacts due to <strong>geothermal</strong> electric power development<br />

Geothermal power development, though dubbed a “clean energy” source, has some negative impacts<br />

associated with its development, although most <strong>of</strong> them can be mitigated. Most <strong>of</strong> these <strong>environmental</strong><br />

impacts are associated with high-temperature systems, but there are potential impacts in both low- and<br />

high-temperature systems. While some impacts can be mitigated successfully, others may not, and may<br />

be permanent. The impacts shown in this section are based extensively on Hunt (2001).<br />

Destruction <strong>of</strong> forests and soil erosion. These impacts are due to creation <strong>of</strong> access and field<br />

development. Construction <strong>of</strong> roads to drilling sites can cause damage to forests and vegetation, which<br />

in the tropics can lead to soil erosion and large amounts <strong>of</strong> silt being washed down by streams and rivers<br />

draining the development area. This may in turn affect aquatic organisms downstream in rivers and<br />

coastal waters near river mouths. Silt deposits near river mouths may raise the river bed, thus making the<br />

surrounding area susceptible to flooding during high rainfall and interfering with navigation.<br />

Noise. Drilling involves noise, fumes, and dust, which can disturb animals living nearby. Site topography<br />

and meteorological conditions influence noise levels, which vary from 120 dB(A) for air drilling (reduced<br />

with muffling) and well discharge; 70–110 dB(A) for well testing (if silencers are used); 90 dB(A) for<br />

heavy machinery during earth movement; 85 dB(A) for well bleeding (reduced by muffling); and 45–55<br />

dB(A) for diesel engines used for operating compressors (if suitable muffling is used). The pain threshold<br />

is at 120 dB(A) (at 2 to 4,000 Hz).

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