Introduction
Environment
The natural environment is composed of
all living and non-living things occurring naturally on Earth or some region
thereof. The concept of the natural environment can be distinguished by
components:
·
Complete ecological units that function
as natural systems without massive human intervention, including all
vegetation, microorganisms, soil, rocks, atmosphere and natural phenomena that
occur within their boundaries.
·
Universal natural resources and physical
phenomena that lack clear-cut boundaries, such as air, water, and climate, as
well as energy, radiation, electric charge, and magnetism, not originating from
human activity.
The natural environment is contrasted
with the built environment, which comprises the areas and components that are
strongly influenced by humans. A geographical area is regarded as a natural
environment, if the human impact on it is kept under a certain limited level.
Environmental pollution
Pollution is the introduction of
contaminants into an environment that causes instability, disorder, harm or
discomfort to the ecosystem i.e. physical systems or living organisms.
Pollution can take the form of chemical substances or energy, such as noise,
heat, or light. Pollutants, the elements of pollution, can be foreign
substances or energies, or naturally occurring; when naturally occurring, they
are considered contaminants when they exceed natural levels. Pollution is often
classed as point source or nonpoint source pollution. In the late industrial
age, the term overpollution was common, representing a view that was both
critical of industrial pollution, but likewise accepted a certain degree of
pollution as nominal industrial practice.
Air Pollutant
Pollutants come from many different
sources and enter the air in a variety of ways. air pollutants can take many
forms, sources of air pollution range from fumes to dust particles. Many
industries emit both fumes and dust. Some the fumes released from these
industries are not harmful to the population but most of the emissions have
detrimental effects on the health of the surrounding population. Industrial
emissions are governed and regulated but both local and global legislations,
these legislations were enacted to protect the populations that live around the
industrial set ups.
Scope
Jipe Moyo Company Ltd
Jipe Moyo is a paper manufacturing
company situated in Jipe Moyo town in the Western Part of Kenya that was established
in 1974: Jipe Moyo Paper Mills spread sickness through emission of harmful
fumes into the atmosphere. Pump production involves avariety of processes that
uses a lot of water and consequently large amount of effluence is discharged
from the industry. Along side the waste water that is disposed off from the
company are dust and fumes that find
their way into the atmosphere.
From the start, despite the potential
environmental impacts concerning plantation establishment, liquid effluents,
air emissions, sludge and solid waste disposal, the project did not benefit
from a full environmental assessment. The IFC’s Environmental Review Summary
simply stated that the project was designed to meet all applicable World Bank
policies, and environmental, health and safety guidelines.
However, fears have proved right. A
report from the local newspaper East African Standard denounced recently that
local residents had accused the paper mill of having turned a vast area of
countryside into an environmental wasteland and of being an economic and social
burden. Pollution of the surrounding rivers on which residents depend for their
water needs was so severe that bathing in the river had become a health hazard
and animals drinking the water died. As a result of the chemical fumes produced
during pulping, the area around the mill was enveloped in foul smelling air.
Acid fumes and fly ash were resulting in the corrosion of the corrugated iron
roofs of the houses in the vicinity of the mill.
At the time of the establishment of the
mill, the used to be a heavily forested
region and formed part of an Indigenous Forest. The mill’s demand for wood had
turned the area barren and the company trucks now had to travel for over one
hundred miles for raw material.
In
the recent past, the mill's impacts continued unabated. People around this area
complained that the smell emanating from the mill, mainly caustic, chlorine and
sulphuric acid was hazardous. The area is now viewed as a “sick country side”.
On the other hand, logging has been a
major cause of destruction of the forests of Kenya, a country of environmental
and ethnic diversity. The vast area that was previously forested was believed
to be a source of air purification in the area and also in other sections of
the country. Most of the area surrounding the factory are inhabitable and also
not cultivatable to the tremendous effects of atmospheric pollution.
Remedies
To solve the current environmental
challenges, the following recommendations should be implemented;
·
Proper disposal of industrial wastes;
industrial wastes, both liquid and gaseous should be disposed off properly to
avoid creation of hazardous environment around the company.
·
The company should invest is better
machinery that will help in air and water treatment before they are released
into the environment and atmosphere respectively.
·
Old and warn-out pumps and machines
should be upgraded or replaced all together to improve on machine efficiency
and output.
·
Resettlement of the surrounding
population. People living near the company should be relocated to reduce the
negative effects that emanate from the company. Many people fall ill due to the
effluence and emission released from the company. Giving them alternative
residential areas will enable the company to operate freely without human
health interference.
·
Creating awareness to the employees and
the local population on the dangers associated with consumption was untreated
water. They should also be discouraged from bathing in the rivers and eating of
uncleaned raw foods.
The
management should make special arrangements to ensure that the laws passed by
the government are restrictly followed by the employees to enhance the correct
way of wastes disposal thus avoiding pollution of the environment,
Laws governing
environmental pollution
Environmental Policy, Legal and Institutional
Framework governing
Environmental
Management in Kenya
Kenya’s environmental policy and
legislation are scattered in a multiplicity of resource
and
sector specific laws and policy papers. The institutions and departments that
deal
with
environmental issues are equally numerous. Sector specific laws are deficient
in that
they
are characterized by fragmented and uncoordinated sectoral legal regimes that
are
developed
to facilitate resource allocation and to deal with environmentally adverse
effects
of resource exploitation. The sectoral institutions under these laws often find
themselves
in regulatory competition.
Constitution of Kenya
The Constitution of Kenya in spite of
being the supreme law of the land does not contain
specific
provisions regarding the environment. The right to life guaranteed by the
Constitution
can be interpreted to include the right to a clean and healthy environment.
Environmental
Management and Coordination Act of 1999 (EMCA)
The Environmental Management and
Coordination Act of 1999 (EMCA) was enacted to
provide
an appropriate legal and institutional framework for the management of the
environmental
and for matters connected therewith and incidental thereto. EMCA does
not
repeal the sectoral legislation but seeks to coordinate the activities of the
various
institutions
tasked to regulate the various sectors. These institutions are referred to as
Lead
Agencies in EMCA.
Institutions under EMCA
National Environmental
Council (NEC)
The National Environment Council (NEC)
is established under Section 4 of EMCA. NEC which is chaired by the Minister in
charge of the environment, is the highest policy making body under EMCA. NEC is
responsible for policy formulation and directions for purposes of EMCA. NEC
sets national goals and objectives and promotes cooperation among both public
and private organisations engaged in environmental protection programmes.
The National
Environmental Management Authority (NEMA)
The National Environmental Management
Authority (NEMA) is established under EMCA. NEMA is the principal Government
institution charged with the overall supervision and co-ordination over all
matters relating to the environment as well as implementation of all policies
relating to the environment. NEMA is responsible for dealing with EIA. NEMA has
to date considerably developed its human and other resource capacity to enable
it coordinate the environmental management activities of Lead Agencies.
Provincial and District
Environment Committees
According to EMCA governance principles,
the Minister shall by notice in the gazette appoint Provincial and District
Environment Committees of NEMA in respect of every province and district
respectively. These committees assist NEMA in effectively carrying out its
function of proper management of the environment at these levels. It is
instructive to note that the membership of these committees include inter alia representatives
of farmers or pastoralists, business community, women and youth.
Public Complaints
Committee (PCC)
The Public Complaints Committee is
established under Section 31 of EMCA. The PCC is concerned with the
investigation of complaints relating to environmental damage and degradation
generally. The PCC has powers to investigate complaints against any person or
even against NEMA or on its own motion investigate any suspected case of
environmental regradation. The PCC is required by law to submit reports of its
findings and recommendations to NEC. The law however is weak in that it does
not provide PCC with the mandate to see its recommendations carried through.
Further, NEC is not specifically required to do anything with
regard
to the reports submitted by the PCC and will often note and adopt the same without
any further follow up action. So far the PCC has experienced challenges such as
failure to honour summons, hostility between parties, hostility directed at PCC
investigators, lack of understanding of EMCA and abdication of duty by Lead Agencies.
Standards and
Enforcement Review Committee
The Standards and Enforcement Review
Committee (SERC) is a committee of NEMA and is established under the laws of
EMCA. This is a technical Committee responsible for formulation of
environmental standards, methods of analysis, inspection, monitoring and
technical advice on necessary mitigation measures. The Permanent Secretary
under the Minister is the Chairman of the Standard and Enforcement Review
Committee.
The members of the SERC are set out in
the third schedule to EMCA. They consist of representatives of various relevant
government ministries and parastatals that are Lead Agencies as well as those
responsible for matters such as economic planning and national development,
finance, labour, public works, law and law enforcement, etc. Other members are
drawn from public universities, and other government institutions.
Conclusion
Jipe moyo company is an important
economic pillar in this region. It has employed many local eople to work in the
factories and also in the palntations. However, alongside its benefits are ar
reaching effects both to the terrestrial and the marine life. People are falling ill more often in this
area that it used to be three decades ago. Farms are nolonger productive as
they used to be and the population is currently dependent on foods grown in
other parts of the country.
The benefits that were brought by the
introduction of the company have been overshadowed by the detrimental
consequences that arrived with the company. Many people living around this area
would rather live without the company than get employed here and end up loosing
their flocks and siblings to the effects brought about by the company.
The government should follow legislation
put in place to protect the local population against exploitation by the
industrialists. There enough legislations and laws that govern the industry but
they have never been enforced and thus a large part of the population is
suffering the consequences of poor management and negligence.
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