Quest for environmental integration in Kenya’s Municipal Solid Waste Management Regulatory Framework

Abstract

This study provides an assessment of the incorporation and implementation of the concept of environmental integration in the municipal solid waste management (MSWM) framework in Kenya. Kenya is grappling with serious challenges in ensuring environmentally- sound and sustainable management of ever-growing volumes of municipal solid wastes with adverse consequences for environmental sustainability. Environmental integration which is derived from Principle 13 of Stockholm Declaration as well as Principle 4 of Rio Declarations respectively, seeks to ensure environmental considerations are incorporated in the development process through harmonized policy and legal frameworks. Thus, the concept provides a good foundation for regulation of integrated and sustainable MSWM systems. In 1999, Kenya enacted the Environmental Management and Coordination Act, Cap 387 (EMCA), as a framework legislation to ensure environmental integration and provide the preeminent MSMW framework. Therefore an expectation arose that EMCA would facilitate environmental integration, leading to enhanced environmental sustainability. Using Wintgen’s theory of coherence of law as the analytical framework, this study embarks on an inquiry into why efforts to promote environmental integration in Kenya’s MSWM framework have not realized sustainability, despite two decades of implementing EMCA. The study was designed using both quantitative and qualitative approaches targeting Nairobi metropolitan area. Samples of 292 and 27 respondents were achieved for the surveys and key informant interviews respectively. The study also entailed analysis of environmental integration in MSWM in the jurisdictions of Sweden and South Africa, from which appropriate lessons for Kenya were drawn accordingly. The study established that Kenya has strong normative framework for environmental integration, evidenced by adoption of norms of sustainability and environmental protection at the constitutional realm, despite key shortcomings including weak adoption of waste hierarchy approach and lack of political will. Whereas EMCA provides a framework for sectoral coordination in MSWM regulation which is necessary for realizing horizontal environmental integration, particularly gaps in NEMA’s regulatory capacity fragmented stakeholder coordination mechanisms, limited capacity within county-level sectoral coordination mechanisms. The constitutional framework vests in County governments enhanced responsibilities in environmental management and MSWM, thus establishing basis for intergovernmental coordination necessary for vertical environmental integration. However, integration is constrained inadequate capacity of county governments; poor inter-governmental relations and inadequate structures among others. To strengthen environmental integration in MSWM, the study proposes a conceptual model of MSWM regulatory framework underpinned by:1) entrenched of norms of sustainability, environmental protection and waste hierarchy approach; 2) prevalent normative factors of political will, environmental rule of law, co-regulation and administrative culture supportive of cooperation; 3) enhanced sectoral coordination role of NEMA along with promotion of voluntary coordination mechanisms and; 4) improvement in intergovernmental structures for enhanced coordination along with strengthening of capacities of counties. Overall, the quest for environmental integration in MSWM under the EMCA framework continues despite the highlighted challenges. However, the expectation that the foregoing would usher sustainability remains unmet for now.