KEPSA in collaboration with JNO Advocates organized a two-day workshop on 17^th – 18^th February 2022 to review the Proposed Environmental Management and Coordination (EMCA) Bill, 2021 at Pride Inn Azure Westland’s, Nairobi.  The workshop aimed at aligning the private sector position in various provisions of the 3^rd draft of the Bill.  

The Environmental Management and Coordination Act no 8 of 1999 (EMCA) is the framework law for environmental management and conservation in Kenya and was last reviewed in 2015. The National Environment Management Authority (NEMA) began the process of a further review of the law in the year 2021 and in line with resolution made during the KEPSA Ministry of Environment and Forestry Ministerial Stakeholders Forum (MSF) held on 7^th August 2019.

Dr. Wandaka, the Vice Chair of the Environment Water and Natural Resources Sector Board, while opening the workshop underscored that it is crucial for the private sector to participate in the formulation of the legislation affecting environmental management. Sectorial conflicts have affected compliance and enforcement. There is need for environmental laws to reflect emerging issues such as sustainable development, scientific and cultural perspectives, as well as climate change among other emerging environmental governance issues.   

Ms. Joyner Okonjo, Managing Partner of JNO Advocates LLP, was happy to support the private sector stakeholder engagement to review the EMCA to bring it in line with universal standards, and cater to new and emerging challenges facing environmental management and conservation. She stated that businesses operate within the environment, thus, even outside the scope of mandatory regulation, they have a moral and social responsibility to self-regulate and adopt business practices that contribute towards environmental sustainability.

Mr Suresh Patel – a member of the sector board and Vice Chair of KAM Committee on Environment and Sustainability remarked that the environment is a critical pillar for the private sector as an enabler and as a source of non-tariff barriers, therefore regulations should be geared towards facilitating compliance, growth, innovation and sustainability. Regulatory impact assessment of   the proposed law should be undertaken in order to take into account the full impact of proposed amendments, reviews and new provisions.   The emphasis of environmental laws should always be on encouraging compliance and sustainable environment rather than on punishment and fines.  

Faith Ngige, the Sector Board coordinator of the KEPSA Environment Water and Natural Resources,   shared the tenets of good environmental governance to be considered while undertaking the review of the EMCA- 3^rd Draft. The objectives include the need to strengthen institutional arrangement for the achievements of environmental goals, targets and objective; mainstream sustainability into development policies, enhance global, regional and internal cooperation on trans boundary management of natural resources. Members reflected on the need to ensure that participation of private sector and citizens in decision making of environmental policies should be enhanced, equity and inclusiveness especially of the vulnerable ecosystems and groups, rule of law and responsiveness to stakeholder needs and interests as some of priorities to be factored in the proposed EMCA review.