Nature and Extent of Environmental Crimes in Kenya: A NEMA Perspective

Ag. IP. Mohamed Abdi NEMA Police Unit

Categories of Environmental Crimes

Crimes related to:
EIA/EA Noise Pollution and Excessive Vibration Water Pollution Waste Management Ozone Depleting Substances Wetlands Biodiversity

Levels and Trends of Environmental Crimes

LEGISLATION VIOLATED 2008 2009 2010 2011 2012 Total No. of cases 64 OFFENCES RELATED ENVIRONMENTAL IMPACT ASSESSMENT 25 9 2 22 6

OFFENCES RELATED TO WATER QUALITY REGULATIONS OFFENCES RELATED TO WASTE REGULATIONS OFFENCES RELATED TO NOISE REGULATIONS OFFENCES RELATED TO OBSTRUCTION OF ENV. OFFICERS IMPERSONATION OF ENVIRONMENTAL INSPECTORS FORGERY OF NEMA LICENCES TOTAL NO. OF CASES

1 21

18 16

7 1

1 12

NIL 8

27 58

NIL

16

23

34

NIL

73

NIL

NIL

1 NIL 48

2 1 63

NIL 1 34

1 2 74

NIL 1 15

4 5 235

Summary of cases
45
40

35

30 CONVICTED

25

PENDING BEFORE COURT

ACQUITTED

20

15

10

0 2008 2009 2010 2011 2012

Challenges
Investigation challenges. Lack of facilitation during hearing of cases -The process is tedious and rigid -Personnel under this section are not customer friendly (internal customers) -No emergency fund which was set a side for emergency cases Inadequate time frame for investigation by the officers Undue pressure and coercion during investigations Centralized governance system is also a major issue in terms of decision making

Prosecution challenges. Low penalties in our courts Time taken to determine the case Insufficient evidence due to time limit Lack of Environmental awareness and consciousness by the judicial officers

Opportunities
The enactment of the Constitution of Kenya 2010 The establishment of environmental and land courts Review of EMCA (1999), heighten the penalties to environmental crimes Increasing cooperation and partnership between and amongst the various lead agencies- good will towards envt management