How to Apply for an Environmental Impact Assessment (EIA) Licence in Kenya

The Environmental Impact Assessment (EIA) licence is a mandatory legal requirement for any project in Kenya that is likely to have a significant environmental impact.

It is issued by the National Environment Management Authority (NEMA) under the Environmental Management and Coordination Act (EMCA).

Whether you plan to develop land, construct buildings, operate an industrial facility, or establish infrastructure projects, obtaining an EIA licence ensures that your activities comply with environmental standards and legal obligations.

This article provides a comprehensive guide on navigating the application process from start to finish.

Detailed Step-by-Step Guide

Decide whether your project needs an EIA or an SPR

The first step is to determine whether your project requires a Summary Project Report (SPR) or a full Environmental Impact Assessment (EIA).

Low-risk projects, such as minor renovations or small-scale developments, qualify for the simplified SPR process.
Medium- and high-risk projects, such as major infrastructure works, manufacturing plants, or large housing estates, require a comprehensive EIA.

If unsure, you should engage a qualified EIA expert or consult NEMA’s regional offices for guidance.

This screening stage is crucial, as submitting the wrong type of report can lead to automatic rejection and wasted resources.

Hiring a NEMA-Registered Environmental Expert

By law, all EIA submissions must be prepared and signed by a NEMA-registered EIA or EA expert.

These professionals are licensed to conduct environmental studies, prepare reports, and oversee compliance.

A register of accredited experts is maintained by NEMA, and you should verify the credentials of the expert or firm before engaging their services.

Submitting a report prepared by an unregistered individual will be rejected outright.

The expert will help design the study, carry out environmental assessments, and guide you on public participation and documentation.

Preparing the Project Report

The next step involves preparing a Project Report (Form 1) or an SPR.

For an SPR, the expert prepares a brief document summarizing the project, potential impacts, and proposed mitigation measures.
For a full EIA, the report must be comprehensive and include:
- A detailed project description.
- Baseline environmental data.
- Assessment of environmental and social impacts.
- Alternative project designs and locations.
- An Environmental Management Plan (EMP) outlining mitigation measures and monitoring strategies.
- Maps, site plans, and GPS coordinates of the project location.
- Proof of land ownership or lease agreements.

A certified Bill of Quantities (BQ) is required, as this document is essential for calculating the processing and monitoring fee, which is set at 0.1% of the total project cost, with a minimum fee of Ksh10,000.

Public Participation and Stakeholder Engagement

Public participation is a legal requirement in the EIA process.

The project proponent and expert must engage stakeholders, including community members, local authorities, and government agencies.

This involves:

Holding public meetings and barazas.
Collecting written feedback and submissions.
Advertising the project in local newspapers or through other public notices.

The outcomes of these engagements must be documented with attendance sheets, meeting minutes, and signed records, which are then included in the final EIA report.

Failure to demonstrate proper public participation is one of the most common reasons for licence rejection.

Submitting the Application Online

All EIA applications are submitted online through the NEMA Licensing Portal or the eCitizen platform.

The following documents are uploaded:

Completed Form 1 or SPR.
The Project Report or full EIA document.
Certified BQ.
Environmental Management Plan.
CVs and practising licences of registered experts.
Proof of public participation.
Company PIN certificate and other legal documents.

Payment for the processing fee is made through the portal, after which the application is formally received by NEMA.

NEMA Review and Decision

Once submitted, NEMA circulates the report to relevant lead agencies for review, who have up to 30 days to submit comments.

Simultaneously, NEMA publishes a public notice inviting objections or comments.

Based on the feedback, NEMA may:

Approve the project and issue a licence with conditions.
Request additional information or clarification.
Further studies are required before a decision is made.
Reject the application if the project poses unacceptable risks.

For low-risk projects processed through the SPR, decisions are usually made quickly, sometimes within days.

Full EIAs take longer, often several weeks, depending on the complexity and stakeholder responses.

Receiving the EIA Licence and Compliance

If approved, NEMA issues an EIA licence with specific conditions, including the requirement to start the project within 24 months.

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The proponent must strictly adhere to the Environmental Management Plan and submit periodic monitoring reports as required.

NEMA also conducts inspections to ensure compliance. Non-compliance can lead to fines, licence revocation, or legal action.

Appeals and Dispute Resolution

If an application is rejected or conditions are disputed, the project proponent has the right to appeal to the National Environment Tribunal within the timeline provided by law.

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This tribunal hears environmental disputes and can overturn or vary NEMA’s decisions.