An Audit of Environmental Impact Assessments for Mining Projects in Kenya

"The aim of the audit was to determine whether the mining project environmental impact assessments (EIAs) in Kenya are undertaken according to international best practice. A sample of 50 EIA reports for the 2007–2016 period was evaluated using 18 criteria in the Environmental Law Alliance Worldwide (ELAW) guidelines. The findings showed that only two criteria were considered ‘excellent’ according to the ELAW guidelines, namely baseline environmental assessment and prediction of physical impacts. Six criteria were found to be ‘satisfactory’, including prediction of social impacts, analysis of alternative options, and impact mitigation. The reports were quite weak in terms of: consideration of all phases in the mining cycle, environmental regulatory framework, prediction of biological impacts, stakeholder consultation and engagement, integration of human right issues, and integration of climate change and cost-benefit analysis. It is therefore recommended that the Kenyan National Environment Management Authority (NEMA) should consider tightening the EIA terms and conditions in the approval of statutory terms of reference (ToR) for full-scale mining EIAs to ensure improved performance of EIA as a tool for environmental protection. IntroductionThe nexus between society and the environment has continued to generate interest because the environment is the source of goods and services that sustain the various needs of human beings as outlined in the UN sustainable development goals (SDGs) (Armstrong and Peart, 2000; Sutton 2004; Chakrabarti 2007; Strange and Bayley 2008). All the five generic categories of societal needs, namely physiological needs (food, water, clothing, medicines, etc.), residential and occupational needs (shelter, transport, energy, etc.), economic needs (tradeable goods and services), leisure and recreational needs (tourism), and cultural and spiritual needs (e.g. sacred resources and ecosystems) (Mwaura et al. 2016) are addressed by the environment. Consequently, a wide range of development sectors have been established around the world in order to address the above needs (Lederer, Galtung, and Antal, 1980; Rammelsberg et al., 2006; Noonan, 2014). All these development sectors rely entirely on the environment for their proper functioning, as shown in Table I."