Determinants of Compliance to Environmental (Impact Assessment and Audit) Regulations, 2003 in Implementation of Development Projects. A Case of Mombasa County, Kenya

Authors : Edith Avyonah Kalo , Dr. Moses M. Otieno

Volume/Issue : Volume 2 - 2017, Issue 12 - December

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Environmental Impact Assessment (EIA) is an essential policy instrument for achieving sustainability in development. The enactment of the Environmental Management and Co-ordination Act, 1999 and Environmental Impact Assessment and Audit Regulations, 2003 in Kenya requires institutions and organizations carrying out new development projects to carry out Environmental Impact Assessment (EIA) and those with ongoing projects to undertake Environmental Auditing (EA). The purpose of this study is to establish compliance to Environmental Impact Assessment and Audit Regulations, 2003 by development projects Mombasa County, Kenya. The researcher was interested in establishing how developers’ levels of awareness influence compliance to EIA/EA regulations, 2003. The extent to which public participation influence compliance to EIA/EA regulations, how compliance assurance strategies used by lead agencies influence compliance to EIA/EA regulations and finally to establish whether financial capacity of proponents influence compliance to EIA/EA regulations, 2003. The study consists of three chapters. Chapter one introduces the study and provides in-depth description of environmental impact assessment and environmental audits in Kenya and other parts of the world. It also brings out the problems at hand which includes involvement of the public in the EIA process, effectiveness of different compliance assurance strategies being used by lead agencies and the cost of EIA process in Kenya. Chapter two reviews literature and other related theories that have been researched in relation to Environmental Impact Assessment and Audit while chapter three provides the methodology to be used during the research. Descriptive research design was used for a population of 94 respondents from the directly affected persons, 84 respondents from regulated projects that should undertake E.I.A or Environmental Audits, 20 respondents from lead agencies was targeted and 9 respondents were CSOs was selected to participate in the study. This contributed to a sample size of 207 respondents. Primary data was collected through questionnaires while the research results was presented through frequency tables and percentages. Analysis was done using Pearson correlation method. It was established that all the project development employed at the Nyali constituency, Mombasa County positively influenced the compliance to the EIA/EA regulations, 2003 under the Project development in Nyali and that this influence was statistically significant at significance level of 0.05. It was concluded that environmental assessments should lead to development decisions informed by knowledge of the range of potential environmental and social impacts direct, indirect, interactive, and cumulative. It is recommended that future implementation of compliance to the EIA/EA regulations, 2003 in organizations should embrace not just one of these determinants but all of them as they influence the successful implementation to different extents.

Keywords : Developers’ levels of awareness, Public participation, Compliance assurance, Financial capacity and Compliance.


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