Preview & Print. 1 Submit terms of reference. D. 2 Obtain terms of reference approval. D. 3 Register with Nema licensing portal. language. D. 4 Submit EIA study report. language. D. 5 Submit hard copies of the study report. D. 6 Obtain notice for gazettement. 7 Submit notice for gazettement. D
Environmental Impact Assessment (EIA) is a critical examination of the effects of a project 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 environment. EIA also identifies measures to mitigate the negative impacts, while maximizing on the positive ones..
• Purpose: Ensuring sustainable development and the protection of the environment
• Application Fee: Application fee for EIA is 0.1 % of total project cost with a Minimum of Ksh 10,000 and no upper capping.
• Clearance Fee: The clearance fee is covered in the initial payment of 0.1% of the total project cost
• Maximum Processing Time: 30 to 40 working days
• Validity: Licenses are valid for 24 months within which the project must start. If it does not start within the two years validity can be extended for a maximum of 4 years at a fee of Kshs. 5,000
• Clearance Type: License
• Legal Basis: Environmental Management and Coordination Act 1999 and Environmental (Impact Assessment and Audit) Regulations 2003
• Annual Renewal: The proponent conducts annual environmental audits and submits to NEMA
3. Application Process
The first step of the E.I.A procedure will involve the preparation of a project report by a registered environmental impact assessment expert. This report will state:
• The nature of the project;
• The location of the project including the physical area that may be affected by the project’s activities;
• The type of activities to be carried out during the project construction, operation and decommissioning phases;
• The project design;
• The materials to be used, products and by-products, including waste to be generated by the project and the respective disposal methods;
• The project’s potential environmental impacts and the mitigation measures to be taken during and after project implementation;
• An action plan for the prevention and management of possible accidents during the project cycle;
• A plan to ensure the health and safety of the workers and neighboring communities;
• The economic and socio-cultural impacts to the local community and the nation in general;
• The project budget;
• Any other information the authorities may require.
The report will then be submitted to NEMA with the payment of 0.1% of the total project cost.
NEMA receives EIA project report and dispatches to Lead Agencies for review.
NEMA will issue the license when they consider that the project will have no significant environmental impacts or that the project report discloses sufficient mitigation measures. On the other hand, when the project will have a significant environmental impact and the project report discloses no sufficient mitigation measures, the authorities will request the that an environmental impact assessment study (Full Study) be done.
During the process of conducting an environmental assessment study, the proponent and the expert will, in consultation with the authorities, seek the views of persons who may be affected by the project.
After NEMA has approved the project report, the expert and the proponent will obtain a public opinion by:
• Publicizing the project and its anticipated effects and benefits;
• Holding at least three public meetings with the affected parties and communities to explain the project and its effects and to obtain their oral or written comments;
• Ensuring that appropriate notices are sent out at least one week prior to the meetings and that the venue and times of the meetings are convenient for the affected communities and other concerned parties;
NEMA may require any project proponent to carry out, at his own expense, further evaluation or environmental impact assessment studies, reviews or submit additional information to ensure that the environmental impact assessment study, review or evaluation report is as accurate and comprehensive as possible.
If all conditions are met, NEMA will approve and issue a license stating conditions of approval that have to be adhered to during and after completion of the project.
NEMA will monitor and audit conditions of approval on a yearly basis
The investor submits a detailed Environment Impact Assessment Project report for the entire project cycle prepared by an EIA expert registered by NEMA. The report is in 10 hard copies and 1 soft copy The details of the report should include:
• Name of the project proponent, PIN, address and contact person
• A plan to ensure the health and safety of the workers and neighboring community
• An action plan for the prevention and management of foreseeable accidents and ways of mitigating the same during the project cycle.
• The entire design of the project.
• The economic and social benefits to the local community and also at the national level
• Physical location of the proposed project
• Waste disposal methodologies
• Mitigation measures to be taken during and after the implementation of the project
• Objectives and scope of the project
• Potential environmental impact
• Project budget
• Views from the public indicating representativeness of the affected people
Approval for Expression of Interest and Detailed Feasibility Study.
6. Professional Fee
Professionals fee depends on the size of the project.
The power to control land use and development in Kenya is vested in the County Governments and therefore the owner or the legal entity of any property, who intends to develop his/her land for any purpose other than that earmarked in the approved Master Plan, will make an application, along with relevant documents, to the respective County Governments’ Department of Physical Planning for consideration through a registered physical planner.
The process includes an advertisement, and recommendations from members of the public and line ministries, which are obtained by the County Government.
The investor, through a registered physical planner will make application for the extension of user through filling in PPA 1 form, which must be duly signed by the physical planner.
The planner and the investor will then publish public notices regarding the proposed extension of user in two daily newspapers, inviting objections from the public within a period of not less than fourteen days. A site notice will also be placed on the site indicating intention to extend its use within the same duration.
Planning brief/report for the site is prepared by the physical planner. The process of preparing and implementing a planning brief/report provides a framework for collecting information about a site, and investigating and evaluating different interests in it. The brief will explain why the extended use is in line with the policy and why it will not have any negative effects on the land and the neighboring properties. The process could take from one day to 7days depending on the scale of the project
The requisite fee (detailed below) will be paid to the respective County Governments and the receipt annexed to the planning brief/report prepared by the physical planner.
The brief will then be submitted to the County Government’s Department of Physical Planning for approval. The County Government receives submissions from the general public on any oppositions to the extension of use. This process could take up to 7 working days:-
The County Government will then review the Extension of User proposal/brief with the public objections received if any and will pass a resolution, recording reasons, regarding its consideration or non-consideration for the extended use. This process takes a minimum of 30 days and could extend depending on the requirements the County Government wants fulfilled.
The authority shall, if it finds that the changes sought are relevant to planning principles and are in public interest and are not in contravention to any other statute, give permission for the same by issuing a PPA2 form. The extended use will always take 25% of the plot.
In summary, below are the requirements for application for an extension of user.
1. Two Dully filled P.P.A 1 forms in triplicate submitted and signed by a Registered physical Planner
2. Planning Brief prepared by a Registered Physical Planner (signed accordingly)
3. Ownership documents (Title Deeds)*
4. Survey plan
5. Comprehensive Location Plan
6. Advertisement of proposal on:
a) Two local dailies
b) On site
7. Application fee receipt
8. Latest Rates payment receipts*
4. Professional & Statutory Costs
The Statutory & Professionals Costs involved for the extension of user application are particularized below:
1. Extension of User Application fee (Counties charge differently depending on location or the extended use sought)
2. PPA 1 form fee
3. Newspaper Advertisements (Two daily newspapers)
4. Professional Fee (Depends on the size of the project and the area the property is located)
We hope that we have sufficiently covered the procedure of obtaining an extension of user approval in Kenya. Should you however need further clarifications, we remain available for further consultation.