Safeguarding Kenya’s Marine Environment From Oil Spills:an Appraisal of the Legal Policy and Institutional Framework

Abstract

This thesis puts into perspective Kenya’s preparedness in responding to oil spill incidents along Kenya’s coastline. The research was necessitated by the increased traffic of oil vessels along Kenya’s coastline occasioned by increasing global sea-borne trade and partly due to the ongoing expansion of the shipping industry with a new port in the offing. Whereas Kenya has not experienced a major oil spill incident in the recent past, the mere presence of oil vessels along Kenya’s coastline causes a looming threat, particularly to Kenya’s marine environment which is manifest with both living and non-living resources. The endangered mangrove forests and fish stock are most vulnerable to oil pollution. An effective response to oil spillage calls for both local and international interventions. For an intervention to be effective, a coordinated legal, policy, and institutional framework must be put in place and implemented at both the local and international stages. The study revealed that Kenya has ratified the OPRC Convention which obliges member states to put response mechanisms to oil spills in place. It has also been established that the country has enacted legislation to further give effect to the Convention and the Constitution. The study analyzed Kenya’s legal, policy, and institutional frameworks in place, where it was discovered that the country lacks a specific policy and regulations on oil spill preparedness and response strategies. The study's objective was thus to bring to light the likely impacts of vessel oil spills on the marine environment, as well as to appraise the existing legal, policy, and institutional framework in place for responding to oil spills along Kenya’s coastline. The researcher makes recommendations based on comparative studies that was conducted on preparedness and response to oil spill incidents.