NAIROBI, Kenya, Jul 15 – Senators have challenged Environment, Climate Change and Forestry Cabinet Secretary Deborah Barasa over what they described as weak enforcement of environmental laws, despite Kenya having one of the region’s most comprehensive legal frameworks on pollution control.
The lawmakers argued that continued industrial emissions, toxic waste dumping, unsafe disposal of electronic waste and contamination of water sources point to serious gaps in implementation rather than shortcomings in legislation.
Much of the criticism was directed at the National Environment Management Authority (NEMA), with several senators questioning the regulator’s effectiveness in enforcing environmental standards and protecting communities from pollution.
The concerns emerged during supplementary questions following Barasa’s appearance before the Senate to respond to a question by Nominated Senator Hamida Kibwana on the government’s preparedness to tackle industrial pollution, hazardous waste and toxic exposure.
Kibwana sought details on enforcement measures put in place to curb industrial pollution, unsafe handling of electronic waste and illegal disposal of hazardous substances that threaten public health and the environment.
She also asked how the ministry coordinates with NEMA, county governments, public health agencies and other regulators in monitoring pollution hotspots and responding to environmental risks.
In her response, Barasa defended the government’s record, saying Kenya already has a robust legal framework anchored in the Environmental Management and Coordination Act (EMCA), the Sustainable Waste Management Act, 2022, and regulations introduced in 2024 covering air quality, water quality, hazardous chemicals and Extended Producer Responsibility (EPR).
According to the Cabinet Secretary, the laws empower NEMA to inspect facilities, issue improvement notices, order environmental restoration, close non-compliant industries and prosecute offenders.
Barasa told senators that NEMA had intensified enforcement activities during the last financial year through targeted inspections and compliance programmes.
She revealed that environmental inspectors conducted operations in 101 facilities within the Nairobi Metropolitan area to curb illegal discharge of industrial waste into rivers and waterways.
The authority has also begun identifying and shutting down approximately 400 illegal discharge points along the Athi-Galana-Sabaki River system.
The CS said environmental audits continue to play a critical role in compliance monitoring, with 6,673 audits submitted during the 2024/25 financial year and close to 9,800 reviewed during the current financial year.
The reviews resulted in improvement notices and corrective directives being issued to facilities found to be violating environmental standards.
Barasa added that compliance audits have also targeted hospitals, agrochemical companies, renewable energy projects, mining operations and asbestos disposal facilities.
She said industries found violating environmental regulations face improvement orders, environmental restoration directives, closure notices and criminal prosecution where necessary.
According to the ministry, two facilities have already been shut down over environmental violations, while five individuals were arrested and prosecuted for illegally discharging industrial effluent during the previous financial year.
The Cabinet Secretary also highlighted the implementation of the Extended Producer Responsibility framework, which requires manufacturers and producers to take responsibility for waste generated by their products after consumption.
She said four Producer Responsibility Organisations are currently operational and managing hazardous waste, electronic waste and other waste streams.
According to Barasa, 296 producers whose products were found contributing to river pollution have been compelled to undertake clean-up activities and assume responsibility for waste management.
The ministry has also facilitated agreements aimed at improving waste collection and disposal systems.
Barasa told senators that NEMA recently brokered an arrangement under which hazardous waste collectors would receive Sh20 per kilogramme of waste collected, while aggregators and transporters would also receive agreed payments to improve collection and safe disposal.
On inter-agency collaboration, the CS said tackling environmental pollution requires coordination between national and county governments as well as sector regulators.
She explained that Environmental and Social Impact Assessments (ESIAs) require consultation with relevant agencies before projects are approved, allowing risks to be identified and mitigated early.
Barasa further noted that NEMA regularly conducts joint enforcement operations with agencies such as the Energy and Petroleum Regulatory Authority (EPRA) and county governments.
The ministry has also expanded enforcement capacity by training county officers and officials from partner agencies before gazetting them as environmental inspectors.
The CS further cited NEMA’s Incident Management System, which allows members of the public to report environmental incidents for rapid response.
According to the ministry, 12 incidents involving hazardous chemical spills, fires, toxic leaks and other environmental emergencies have already been responded to during the current financial year.
Barasa also informed senators that the government recently completed a nationwide environmental health risk assessment under the Africa Environmental Health and Pollution Management Programme implemented between 2020 and 2025 with support from the World Bank and the Global Environment Facility.
The assessment, which covered all 47 counties, found that open burning of mixed waste and electronic waste remains a major source of toxic emissions and heavy metals.
It also identified informal electronic waste recycling as a significant health risk, exposing workers and nearby communities to hazardous substances such as lead and mercury.
Other challenges identified included weak waste collection systems, inadequate recycling infrastructure and low public awareness on environmental risks.
Despite the detailed response, senators remained unconvinced, insisting that Kenya’s environmental laws are sufficient and that the real problem lies in weak implementation and enforcement.
Several lawmakers questioned why rivers continue to suffer industrial pollution despite regular inspections and environmental audits, while others said communities remain exposed to hazardous substances with little evidence of sustained action against polluters.
The legislators argued that the ministry should focus on enforcing existing laws rather than introducing new policies that fail to deliver tangible improvements on the ground.
Barasa, however, assured the House that the government remains committed to strengthening enforcement, improving inter-agency coordination and aligning Kenya’s pollution control framework with international best practices.