Kenya: Environmental Law Context Report

JUDICIAL ENVIRONMENTAL LAW TRAINING

AUGUST 2019

 

Country Context Report

Kenya

 

A series of extracts and resources compiled by Ghati Nyehita, postgraduate student at the University of Cape Town, South Africa, with supervision from Amy Sinclair, Managing Editor of the African Legal Information Institute (AfricanLII).

19 August 2019

Contents

1      Sources of environmental law in Kenya. 2

A     Domestic constitution and legislation. 2

B      Domestic executive decision-making. 5

2      Environmental law topics in Kenya. 8

A     Energy, minerals and extractives. 8

i.      Challenges facing the energy, minerals and extractive industries in Kenya. 10

ii.     Notable achievements of Kenya in the oil and gas sector 11

iii.        Notable achievements of Kenya in the minerals sub-sector 11

B      Coastal, marine and fisheries. 11

i.      Coastal and marine. 11

ii.     Fisheries. 12

iii.        Challenges facing the coastal and marine fisheries. 13

C     Agriculture, plants and forestry. 14

D     Climate change, natural disasters and air quality. 16

E      Wildlife. 19

i.      Challenges. 20

F      Protected areas. 20

G     African customary law and rights of indigenous peoples. 21

 

1       Sources of environmental law in Kenya

A       Domestic constitution and legislation

This is a non-exhaustive list of the most important legislation affecting environmental law issues in Kenya.

Legislation title and URL (if available)

Constitution of Kenya, 2010

The Mining Act, 2016

The Physical Planning Act, 1996

The Public Health Act, 2012

The Radiation Protection Act, 2012

The Environmental Management and Co-ordination Act, 2015

Maritime Zones Act, 1989

The Climate Change Act, 2016

The Water Act, 2016

Energy Act, 2019

Petroleum Act, 2019

Community Land Act, 2016

Forest Conservation and Management Act, 2016

National Drought Management Authority Act, 2016

The Natural Resources (Classes of Transactions Subject to Ratification) Act, 2016

The Scrap Metal Act, 2015

Urban Areas and Cities Act, 2011

Environmental and Land Court, 2011

Fisheries Management and Development, 2016

Land Registration Act, 2012

National Land Commission Act, 2012

Land Adjudication Act, 1968

Land Consolidation Act, 1959

Land Control Act, 1967

The Sectional Properties Act, 1987

Prevention of cruelty to animals, 1961

B       Domestic executive decision-making

1.   Ministry of Environment and Forestry[1]

·    Cabinet Secretary

·    Chief Administrative Secretary

·    Principal Secretary

2.   Ministry of Tourism and Wildlife[2]

·    Cabinet Secretary

·    Chief Administrative Secretary

·    Principal Secretary, Tourism

·    Principal Secretary, Wildlife

3. Ministry of Energy [3]

·    Cabinet Secretary

·    Chief Administrative Secretary

·    Principal Secretary, State Department of Energy

4.   Ministry of Petroleum and Mining[4]

·    Cabinet Secretary

·    Chief Administrative Secretary for mining

·    Principal Secretary for petroleum

5.   Ministry of Water and Sanitation[5]

·    Cabinet Secretary

·    Chief Administrative Secretary

·    Principal Secretary, Tourism

6.   Ministry of Lands and Physical Planning[6]

·    Cabinet Secretary

·    Chief Administrative Secretary

·    Principal Secretary

·    Acting Secretary Lands & Director Lands Adjudication

·    Director of Physical Planning and Chairman of Physical Planners Registration Board

·    Acting Director of Surveys

7.   Ministry of Industry, Trade & Co-operatives[7]

·    Cabinet Secretary

·    Principal Secretary State Department for Trade

·    Principal Secretary State Department for Investment and Industry

8.   Ministry of Devolution and the ASALS[8]

·    Cabinet Secretary

·    Principal Secretary State Department for ASA

·    Principal Secretary State Department for Devolution

9.   Ministry of Transport, Infrastructure, Housing, Urban Development and Public Works[9]

·    Cabinet Secretary

·    Principal Secretary State Department for Transport

·    Principal Secretary State Department for Infrastructure

·    Principal Secretary State Department for Public Works

·    Principal Secretary State Department for Housing And Urban Development

·    Principal Secretary State Department for shipping and Maritime

10. Ministry of Agriculture, Livestock, Fisheries and Irrigation[10] 

·    Cabinet Secretary

·    Chief Administrative Secretary

·    Principal Secretary State Department for Irrigation

·    Principal Secretary State Department for Agricultural Research

·    Principal Secretary State Department for Crop Development

·    Principal Secretary State Department for Livestock

·    Principal Secretary State Department for Fisheries, Aquaculture and the Blue Economy

2       Environmental law topics in Kenya

The devolved system of government that led to the creation of 47 counties was a very important change in environmental regulation in Kenya.[11] There is still some uncertainty about the boundaries of power between county and national governments in environmental management.[12]

Emerging issues

·    Slowdown in investment in the Sector due to decline of international crude oil and other minerals prices;

·    Insecurity which affects exploitation of resources in areas prone to attacks;

·    Regional re-alignment which led to crude oil pipeline route adjustment and oil and gas importation and transportation through the Central Corridor; and

·    Mainstreaming of Climate Change Act 2016 in the Sector policies, programmes and projects

A       Energy, minerals and extractives

There are 6 regions and 27 counties in Kenya that have registered mineral occurrences.[13]

Kenya is still in early exploration of its mineral potential mainly because Kenya’s previous categorization as an agricultural zone reduced exploration of minerals.[14]  Numerous mineral occurrences have been recorded and mapped in the country. However, no detailed exploration work has been carried out to establish the extent of most of these mineral occurrences. The mining sector is dominated by non-metallic commodities such as titanium, soda ash,[15] fluorspar,[16] limestone, marbles, niobium, rare earth elements, gold, coal, iron ore, limestone, manganese, diatomite, gemstones, gypsum, natural carbon dioxide[17] and dolomites.[18] As at 2016 the quantity of mineral production was 34,977 tonnes which was valued at KES 6,227.2 million. [19]

The recent discovery of rare earth elements in the coastal region that is estimated to be worth USD 62.4billion, is predicted to propel Kenya to the list of top five countries with rare earth deposits in the world.[20]  Kenya is increasingly becoming a favored destination and hub for, among other things, oil and gas exploration. It was ranked sixth among the top Foreign Direct Investment (FDI) destinations in Africa as it attracted a total of 55 projects in 2011 with the highest number of projects being in coal, natural gas and oil. This was a rise of 77 per cent from the previous year. This trend continued in 2014 with Kenya attracting a total of USD 3.6 billion worth of FDI.[21] Oil and other mineral resources are identified as falling under the seventh priority sector

These discoveries and FDI led to the inclusion of oil and other mineral resources as one of the priority sectors in the economy, despite contributing only one per cent of GDP and three per cent of total export earnings.[22] The third Medium Term Plan (MTP) 2018 – 2022 of Kenya’s Vision 2030 seeks to increase storage capacity of petroleum products from 989,000 m3 to 1,222,000 m3 and carrying out aerial geophysical surveys to establish more areas of mineralization.[23]

i.          Challenges facing the energy, minerals and extractive industries in Kenya

It is reported that local communities in extractive areas do not benefit from extractive industries. This is because they are not able to engage with stakeholders in the mining and extractive industries due to lack of access to information.[24] Consequently, regulations and policies in these sectors do not reflect the needs and realities of the communities.[25] Other challenges include the lack of a formal and integrated national policy for the mining and extractive sectors;  inadequate funding and infrastructure for research; inadequate relevant skills at TVET and university level for emerging sectors such as oil, gas and earth minerals.

More challenges

·    Land access and compensation causing project delays and increased cost; Inadequate financial resources;

·    High incidences of insecurity in project areas;

·    Inadequate appropriate equipment and technical skills in the sector;

·    Maritime boundaries disputes hindering extractive activities;

·    High community expectations in exploration and development which slows down project implementation;

·    Inadequate data on oil and gas blocks, and other minerals to inform investment decisions

See the Third Medium Term Plan (MTP) 2018 – 2022 of Kenya’s Vision 2030.[26]

ii.         Notable achievements of Kenya in the oil and gas sector

The enactment of Petroleum Act, 2019 and the Energy Act, 2019 was an important step towards the implementation of petroleum and national energy policies.

The  construction of a 122 km long, 12-inch diameter parallel petroleum pipeline from Sinendet to Kisumu; installation of mainline pumps in seven inter-stations along the Mombasa-Nairobi pipeline (Line I); modification of tanks and related facilities for receipt of crude oil for the interim scope for the Early Oil Pilot Scheme (EOPS); drilling of 17 oil exploratory and 22 appraisal wells; completion of the roadmap and report towards a Petroleum Master Plan for Kenya; gazettement of additional 17 new oil exploration blocks; development of the Strategic Environment and Social Assessment (SESA), and Gender Assessment Guidelines. In addition, 51 wells were drilled (well density of 10 wells per year). [27]

iii.       Notable achievements of Kenya in the minerals sub-sector

The achievements included: extraction of heavy sand in Kwale County; enactment of the Mining Act, 2016; construction of the Gemstone Value Addition Centre in Taita/Taveta County and upgrading of the Online Transaction Mining Cadaster Portal. In addition, the Cabinet approved the establishment of the National Mining Corporation in April 2016 as contained in the Mining Act, 2016. The Corporation will act as the investment arm of the National Government in mining. The sub-sector established the web-based system launched in February 2015 that allows online application, renewal and payment for mining rights at the convenience of the mining stakeholders. [28]

B       Coastal, marine and fisheries

i.          Coastal and marine

Kenya’s coastal and marine areas are endowed with a rich biodiversity. This is characterized by the existence of ecosystems such as mangrove wetlands, coastal forests, estuaries, sandy beaches and sand dunes, coral reefs, and seagrass beds that support a host of marine and coastal species.[29] These ecosystems supply socio economic and cultural resources that support the livelihoods of local communities and the overall economic development of the country. It is reported that high poverty level amongst local communities in coastal areas, high dependence on natural resources and the increasing human population is exerting pressure on Kenya’s coastal and marine resources. Marine biodiversity is also under pressure from climate change and human activities that lead to pollution.

Kenya uses Marine Protected Areas as tools for management and conservation of the marine biodiversity and fisheries. Currently, there are 6 Marine Protected areas. The challenges of the operation of Marine Protected Areas in Kenya are mainly caused by the loss of biodiversity through habitat degradation, overexploitation and human related pressures.

ii.         Fisheries

Kenya’s Exclusive Economic Zone (EEZ) extends up to 200 nautical miles (nm) with a recent additional 150 nm.[30] The EEZ remains underexploited by the artisanal fishers and continue to be illegally exploited by Distant Water Fishing Nations (DWFN). The fisheries sector contributes about 0.5% of Kenya’s GDP. This sector contributes to food and nutrition security, employment creation and poverty reduction. The fisheries sector is made up of three sub-sectors: inland capture fisheries, aquaculture, and coastal and marine capture fisheries with overall contribution to total production of 85%, 9% and 6% respectively.[31]  The bulk of the total annual catch is landed along the shores of Lake Victoria.[32]

According to the State Department of Fisheries the quantity of fish landed in 2016 119,550 MT which was valued at 6,836,000.[33] An average of 8,000 metric tons of coastal and marine capture fisheries valued at USD 4.1 Million is landed annually.[34]

iii.       Challenges facing the coastal and marine fisheries

The challenges in the fisheries sector, include: uncontrolled fishing by Distant Water Fishing Nations (DWFN) off the EEZ; lack of effective Monitoring, Control and Surveillance system, destruction of artisanal fishing gears by large commercial trawlers, inadequate capacity by artisanal fishers to exploit the offshore fish stocks, sewage pollution in the coastal waters and lack of adequate information on offshore marine fish stocks.[35]

Kenya adopts co-management of fisheries with local communities through Beach Management Units. Beach Management Units are “… organizations of fishers, fish traders, boat owners, fish processors and other beach stakeholders who traditionally depend on fisheries activities for their livelihoods.”[36] This has been lauded as a step for including traditional knowledge in fisheries management and as a tool that recognizes local communities as major stakeholders in environmental conservation and management in these areas.[37]

C       Agriculture, plants and forestry

As of 2016, the subtotal of forest areas amounted to 3,456 Ha, Bush-land 24,256, Grasslands 10,664, trees on farm land 12,500.[38] Further statistics reveal that forests contribute about 1.4% to Kenya’s GDP annually.[39] However, the forests are threatened by agricultural expansion and unsustainable use of forest resources which have led to increased pressure on forest resources. Kenya Forest Service reported an increase in afforestation and agroforestry between 1990 and 2015.[40] Nevertheless, 25% loss of forest cover was reported in the same years.[41]  Deforestation is more rampant in the arid and semi-arid areas due to increased agricultural activities that claim forested landscapes. The major challenge experienced in forestry and agricultural sectors in Kenya is the harmonization of national development and agricultural policies, to promote agricultural development while avoiding deforestation and greenhouse gas emissions.[42] Farm forestry and agricultural intensification have been identified as solutions to this. Mainly because, increased yields per area will reduce the need of forest encroachment.[43]

Unsustainable land use in many parts of the country is causing land degradation and declining soil health, which in turn leads to loss of land productivity and food insecurity in the long run.[44]

In many parts of the country, demand on land for agricultural development and pressures from a rapidly growing population have led to unprecedented land use changes. As a result, unsustainable land use is causing land degradation resulting into loss of land productivity. Land degradation (both chemical and physical) manifests itself in many forms such as soil erosion, loss of soil fertility, salinity, reduced vegetation cover, reduced biodiversity and ecosystem services and reduced livestock carrying capacity. The impacts of land degradation are closely linked to poverty and food.”[45]

What causes the destruction of forest areas in Kenya?

·    Corruptive practices by the Board and Management of the Kenya Forest Service

·    Illegal squatters

·    The changing lifestyle of forest dwelling communities, the abuse of Plantation Establishment and Livelihood Improvement Scheme (PELIS)

·    Unclear forest zonation

·    the introduction of irregular settlements and largescale public infrastructure developments

·    The limited capacity of Enforcement and Compliance Division of KFS and the lack of clear separation in the forest protection and forest exploitation functions of KFS have made law enforcement in the protection of forest resources ineffective.

·    Commercial Forest Plantations managed by Kenya Forest Service are characterised by poor quality planting materials, delayed re-planting, poor silvicultural and management regime, inefficient harvesting operations, inaccurate forest stocks valuation and disposal process.

 See Ministry of Environment and Forestry ‘Key Findings and Recommendations’ (2018).[46]  

D       Climate change, natural disasters and air quality

Kenya’s approach to climate change is informed by an overview of its demographic and socio-economic position. The approach mainly focuses on the socio-economic sectors that contribute to climate change or are impacted by climate change.[47]

As at 2013, agriculture was the leading source of greenhouse gas emissions contributing 62.8% of total emissions. 55% of the emissions from agriculture were from enteric fermentation from livestock and 36.9% were due to manure.[48] Emissions from agriculture are expected to rise due to increased food demand for the growing population leading to increased encroachment of forests through agricultural expansion.[49] Energy was the second largest source of emissions contributing 31.2% of the emissions, most of the energy emissions came from fuel combustion and transportation.[50] Industrial processes and waste contributed 4.6% and 1.4%, respectively.[51] The greenhouse gas emissions report by Kenya’s Second National Communication (SNC) to the UNFCCC, inventory for the period 1995-2010, revealed that the land-use change and forestry (LUCF) sector to be a source of emissions rather than a sink.[52] The main challenge of minimizing agriculture sector GHG emissions lies in balancing the need to build resilient agricultural systems and enhancing food security.

Reducing Agriculture Sector GHG Emissions

In the draft 2015-2030 Climate Smart Agriculture (CSA) Framework Programme, Kenya describes plans to reduce agriculture sector GHG emissions by increasing livestock production and productivity through adoption of improved adaptive technologies by 2030, reducing GHG emissions intensity by adopting low cost, “climate smart” technologies to minimize carbon emissions and enhance soil carbon sequestration, developing a national carbon accounting and measurement, reporting and verification system, and promoting efficiency in dairy and livestock manure management and in paddy rice management, among others.

Policy direction indicates that the focus of emissions management will not be on absolute emissions but on production efficiency, leading to increased output per unit of emission. This can make the agriculture sector be part of the solution to emission reduction if appropriate measures are taken.

See Kenya Climate Smart Agriculture Implementation Framework 2018-2027.[53]

Kenya’s 2009-2020 Agricultural Sector Development Strategy aims to establish a central authority for recording animals and regulating breeding programs, enhancing animal feeding and nutrition practices, strengthening livestock extension services, and improving livestock disease and pest control.

See Republic of Kenya. 2009-2020 Agricultural Sector Development Strategy. 2009.



Reducing Energy Sector GHG Emissions

The SNC conveys government plans to invest in rail to shift passenger and freight transport from road to rail, and to implement a bus rapid transit system complemented by light rail transit. Kenya is proposing a Nationally Appropriate Mitigation Action (NAMA) for the development of a Bus Rapid Transit Plus (BRT+) System for the Nairobi Metropolitan Region, which is expected to contribute to an annual emission reduction of 2 MtCO2e by 2030. See Low Emission Capacity Building Project – Kenya like the NAMA Bus Rapid Transit Plus (BRT+) System for the Nairobi Metropolitan Region (UNFCCC Poster). 

Kenya’s Second National Communication (SNC) to the UNFCCC, 2015.

Effect of climate change on water resources

Kenya is classified as a water-scarce country whose natural endowment of freshwater is limited by an annual renewable freshwater supply of only 647 m3 per capita falling below the World Bank categorization of 1000 m3 per capita for a water scarce country (WB, 2000). With the increase in the frequency of extreme weather events, water scarcity will increase and the country will need to invest more on water resources management and conservation. Therefore, the country needs to be innovative with water conservation and harvesting technologies that assure safe water access to the Kenyan population for industrial, agricultural and domestic use.

Kenya Climate Smart Agriculture Implementation Framework 2018-2027.[54]

See other policies and plans on climate change:

·    National Climate Change Action Plan 2013-2017[55]

·    National Climate Change Framework Policy (2017)[56]

·    National Adaptation Plan (NAP) 2015-2030[57]

·    Nationally Determined Contributions (NDCs)[58]

·    National Agricultural Research System (NARS) Policy (2012)[59]

E        Wildlife

For an excellent introduction to the topic, see generally USAID ‘Kenya Wildlife Protection and Conservation Program Fact Sheet’ (2019).[60]

Kenya has over 25,000 species of wild animals. Wildlife dispersal areas and migratory corridors in Kenya are mainly found on human dominated landscapes.[61] It is also reported that a significant proportion of the country’s wildlife is living outside the protected areas. The Cabinet Secretary of Environment and Forestry attributes this to high demand for land that is caused by increasing human populations. This has created competition for pasture and water resources, habitat fragmentation and blockage of wildlife migratory routes and dispersal areas.

Kenya banned game (except birds) and trophy hunting in 1977. [62] Despite this, the illegal trade in wildlife is still thriving due to corruption and the emergence of sophisticated poaching networks. For instance, the 2012-2013 marked the period when more rhinos and elephants were killed than any other year in the last two decades. This improved in after years, with the number of elephants increasing to 35500 and rhinos to 757 by 2018.

The Kenya Wildlife Service (KWS) is tasked with the conservation and management of wildlife.[63] KWS manages 23 national parks, 31 national reserves and 6 national sanctuaries, 4 marine national parks and 6 marine reserves.[64] The collaboration of security agencies with the KWS has gone a long way in combating wildlife poaching and trafficking.[65] However, the threats to wildlife conservation are still high due to the existing pressures on KWS to fulfil its mandate. These pressures are caused by inadequate financing for KWS operations, limited capacity of technical staff, and insufficient equipment.

i.          Challenges

The weaknesses in Kenya’s legal framework for wildlife management and conservation has been identified as one of the major challenges.[66] The current regulatory framework lacks clarifications of the incentives for landowners to keep wildlife in their land and procedures for compensation claims caused by human wildlife conflict.[67] Lack of understanding amongst agencies to the rules that govern prosecutions and investigation is another drawback in curbing wildlife related crimes.[68] The other challenges are “the proliferation of weapons across borders and in insecure areas of northern Kenya; the ease of movement of poachers and wildlife products across Kenya’s porous borders; expanding human settlements around key rhino and elephant habitats.”

F        Protected areas

Kenya has 53 protected areas, which represent 8% of Kenya’s landmass, with 6 marine and 47 terrestrial parks for biodiversity protection.[69]

Kenya’s protected areas consist of:

National Parks, National Reserves, National Sanctuaries, National Monuments, Marine National Parks, Marine National Reserves, and Forest Reserves. The parastatal Kenya Wildlife Service (KWS) manages National Parks, National Reserves, several National Sanctuaries, and Marine National Parks and Marine National Reserves. Some National Reserves, notably the Maasai Mara, are directly managed by local government – the County Councils with jurisdiction over the area.

See Nelson, Fred. ‘Recognition and Support of ICCAS in Kenya.’ Recognising and supporting territories and areas conserved by Indigenous Peoples and local communities: global overview and national case studies. Technical Series. Montreal, Canada: Secretariat of the Convention on Biological Diversity, ICCA Consortium, Kalpavriksh, and Natural Justice. 2012 pgs. 8-9.

G       African customary law and rights of indigenous peoples

Marginalized communities are identified as:

See Art 260 of the Constitution of Kenya:

“a. a community that because of their relatively small population or for any other reason, has been unable to fully participate in the integrated social and economic life of Kenya as a whole;

b. a traditional community that, out of a need or desire to preserve its unique culture and identity from assimilation, has remained outside the integrated social and economic life of Kenya as a whole;

c. an indigenous community that has retained and maintained a traditional lifestyle and livelihood based on a hunter or gatherer economy; or

d. pastoralist persons and communities, whether they are—(i) Nomadic; or (ii) A settled community that, because of its relative geographic isolation, has experienced only marginal participation in the integrated social and economic life of Kenya as a whole.”

The Constitution defines indigenous, pastoral and traditional communities linking them to their customary related rights to environment.[70]

The Community Land Act, 2016 prohibits the disposal of unregistered community land. Although, it does not limit compulsory acquisition of such land, it requires counties reserve compensation of the affected communities until they secure a formal title. Further, the Act recognizes customary rights of occupancy in community land.

The Forest Act of 2005 and Forest Policy of 2007 have provisions for the customary rights of forest communities and community forestry. The Forest Act defines a forest community as a group of people with traditional association with a forest for purposes of livelihood, culture or religion.  Art 22 of the Act allows forest communities to have access to forest produce in the manner that the community was accustomed to, other than for sale. On the other hand, the Forest Policy recognizes the “traditional interests of local communities customarily resident within or around a forest.[71]

 

[11] See Constitution of Kenya, 2010.

[12] World Bank Group 2017:  Environmental and Social Systems Assessment (ESSA) available at http://documents.worldbank.org/curated/en/228971492421453179/pdf/114301-REVISED-EA-P156777-Box402916B-PUBLIC-Disclosed-6-26-2017.pdf.

[15] Kenya is the third largest producer in the world, see Republic of Kenya Mining Investment Handbook 2016 available at https://www.tralac.org/documents/resources/by-country/kenya/1928-kenya-mining-investment-handbook-2016/file.html.

[16] Kenya is the seventh largest producer in the world, see Ibid.

[17] Ibid.

[18] Ibid.

[20] Republic of Kenya Mining Investment Handbook 2016.

[21] See FDI Intelligence Report 2014: Global Greenfields Investment Trends.

[22] The third Medium Term Plan (MTP) 2018 – 2022 of Kenya’s Vision 2030 available at http://planning.go.ke/wp-content/uploads/2018/12/THIRD-MEDIUM-TERM-PLAN-2018-2022.pdf.

[23] Ibid.

[24] Sivi, Katindi, et al. Local communities in Kenya's extractive sector: From paternalism to partnership. Norwegian Church Aid, 2015 pg. 17.

[25] Ibid.

[27] The third Medium Term Plan (MTP) 2018 – 2022 of Kenya’s Vision 2030 available at http://planning.go.ke/wp-content/uploads/2018/12/THIRD-MEDIUM-TERM-PLAN-2018-2022.pdf.

[28] Ibid.

[29] Arthur Tuda and Mohamed Omar Protection of Marine Areas in Kenya (2012) The George Wright Forum, vol. 29, no. 1, pp. 43–50 (2012) available at http://www.georgewright.org/291tuda.pdf.

[30] Fulanda, B., Ohtomi, J., Mueni, E., Kimani, E. (2011). Fishery trends, resource-use and management system in the Ungwana Bay fishery, Kenya. Ocean & Coast Management 54: 401-414; Munga et al., 2013); Munga, C.N., Mwangi, S., Ong’anda, H., Ruwa, R., Manyala, J., Groeneveld, J.C., Kimani, E. and Vanreusel, A. (2013). Species composition, distribution patterns and population structure of penaeid shrimps in Malindi-Ungwana Bay, Kenya, based on experimental bottom trawl surveys. Fisheries Research 147: 93-102.

[31] Aloo, P. A., Munga, C. N., Kimani, E. N., & Ndegwa, S. (2014). A review of the status and potential of the coastal and marine fisheries resources in Kenya. International Journal of Marine Science, 4(24). Vol.4, No.63, 1-9; Statistical Abstract, 2017 Kenya National Bureau of Statistics available at https://www.knbs.or.ke/download/statistical-abstract-2017/.

[32] Statistical Abstract, 2017 Kenya National Bureau of Statistics available at https://www.knbs.or.ke/download/statistical-abstract-2017/.

[33] Ibid.

[34] Aloo, P. A., Munga, C. N., Kimani, E. N., & Ndegwa, S. (2014). A review of the status and potential of the coastal and marine fisheries resources in Kenya. International Journal of Marine Science, 4(24). Vol.4, No.63.

[35] Kenya Marine and Fisheries Research Institute 2010/2011 Scientific Annual Report.

Social Assessment Report: Kenya Marine Fisheries Socio-Economic Development Project (KEMFSED) (2019) available at http://documents.worldbank.org/curated/en/691181561701936058/pdf/Social-Assessment-Report.pdf; Okuku EO, Ohowa B, Mwangi SN, Munga D, Kiteresi LI, Wanjeri VO, Okumu S, Kilonzo J. Sewage pollution in the Coastal waters of Mombasa City, Kenya: A norm Rather than an Exception. International Journal of Environmental Research. 2011 Sep 1.5(4):865-74.

[37] Kenya Fisheries (Beach Management Units) Regulations, 2007 to the Fisheries Act, 1989.

[38] Statistical Abstract, 2017 Kenya National Bureau of Statistics available at https://www.knbs.or.ke/download/statistical-abstract-2017/ pg. 190.

[39]These statistics excluded the forestry’s contribution to household wood energy, non-timber products and ecosystem services, see Ibid.

[40] Kenya Forest Service Report 2013.

[41] See Kenya Climate Smart Agriculture Implementation Framework  2018-2027 available at https://www.ke.undp.org/content/dam/kenya/docs/energy_and_environment/2018/The%20Kenya%20CSA%20Implementation%20Framework%202018-2027.pdf pg. 10.

[42] Ibid.

[43] See The development of Farm Forestry Rules (2009); the Kenya Climate Smart Agriculture Implementation Framework  2018-2027 available at https://www.ke.undp.org/content/dam/kenya/docs/energy_and_environment/2018/The%20Kenya%20CSA%20Implementation%20Framework%202018-2027.pdf pg. 10.

[44]  Ibid pg. 14.

[45] Ibid.

[47] Kenya Second National Communication to the United Nations Framework Convention on Climate Change, 2015.

[48] Food and Agriculture Organization of the United Nations Statistics Division (FAOSTAT), Kenya available at http://www.fao.org/faostat/en/#data/GT.

[49] World Resources Institute Climate Analysis Indicators Tool (2017); USAID Green house gas emissions in Kenya (2017) available at https://www.climatelinks.org/sites/default/files/asset/document/2017_USAID_GHG%20Emissions%20Factsheet_Kenya.pdf.

[50] Ibid.

[51] Ibid.

[52] Republic of Kenya. Kenya’s Second National Communication (SNC) to the UNFCCC, 2015. The SNC uses GWPs from the IPCC SAR. In keeping with good practice, Kenya conducted an uncertainty analysis of its GHG inventory that identified the highest uncertainty of emissions estimates to be related to estimates of forest carbon stocks in the land use, land use change and forestry (LULUCF) sector.

[61]Gordon O. Ojwang’, Patrick W. Wargute, Mohammed Y. Said, Jeffrey S. Worden, Zeke Davidson, Philip Muruthi, Erustus Kanga, Festus Ihwagi and Benson Okita-Ouma (2017). Wildlife Migratory Corridors and Dispersal Areas: Kenya Rangelands and Coastal Terrestrial Ecosystems; see also a summary of the report as presented by the Cabinet Secretary during its launch available at http://www.environment.go.ke/?p=3876.

[62] Sam Weru (2016) Wildlife protection and trafficking assessment in Kenya: Drivers and trends of transnational wildlife crime in Kenya and its role as a transit point for trafficked species in East Africa. TRAFFIC.

[63] Wildlife Conservation and Management Act (WCMA), 2013.

[64] Ibid.

[65] Ibid.

[66]Sam Weru (2016) Wildlife protection and trafficking assessment in Kenya: Drivers and trends of transnational wildlife crime in Kenya and its role as a transit point for trafficked species in East Africa. TRAFFIC; National Wildlife Conservation Status report (2018) available at http://assets.wwfke.panda.org/downloads/annual_report_2018__bit.pdf.

[67] Ibid.

[68] Ibid.

[69]  See statistics from Ministry of Environment and Forestry available at  http://www.environment.go.ke/?p=3876.

[70] Art 260 of the Constitution of Kenya, 2010.

[71] Social Assessment Report: Kenya Marine Fisheries Socio-Economic Development Project (KEMFSED) (2019) available at http://documents.worldbank.org/curated/en/691181561701936058/pdf/Social-Assessment-Report.pdf.