THE ENVIRONMENTAL MANAGEMENT AND COORDINATION (STRATEGIC AND INTEGRATED ENVIRONMENTAL ASSESSMENTS AND ENVIRONMENTAL AUDITS), REGULATIONS, 2025 – IMPACTS ON KENYA’S CONSTRUCTION SECTOR 

Since last year, you have incessantly asked questions relating to the fees and charges being levied by government and its regulator, NEMA, as cost of EIA compliance. My response has been to specific developer firms. Due to the increasing queries, it has become necessary to issue this advisory note.

The following are the main highlights: –

You recall that on 28th February 2025, NEMA rolled out 54 regulations in legal Notice number 52. The EMCA regulations placed emphasis on strategic planning, ongoing compliance, stakeholder involvement, and legal

accountability in construction projects. Initially, experts and industry

players were required to adapt early by integrating these regulatory steps into budget, timeline, staffing, and risk management to ensure both environmental protection and efficient project delivery.

The steps:

1. Henceforth, all construction projects fall

under Integrated Environmental Assessment (IEA). Proponents intending to commence a construction or adding or extending an existing development must obtain an IEA license before ground breaking.

2. Once construction commences, all projects are directed to conduct environmental audits superintendent by a registered environment expert throughout construction and operation The audit, done prior

to all monthly project site meetings, must evaluate everything from compliance with the Environmental Management Plan (EMP), staff knowledge of legal responsibilities, to climate vulnerability, health, safety, and stakeholder concerns.

3. The Audit Reports should provide Requirements, clear description of operations, environmental context, compliance status, and previous

impacts. Further, it should have a nontechnical summary, corrective action recommendations (with costs and timelines), and annex of proof of legal compliance. Finally, NEMA will evaluates the report and issues a certificate of compliance within 45 days if standards are met.

The annual audit fees payable to NEMA will be KShs. 10,000.00 (low risk), KShs. 50,000.00 (Medium-risk) and KShs. 100,000.00 (high risk).

4. Public participation is a fundamental principal in Kenya’s Constitution embedded in Article 10, 118, 174, 196, 201, 232 and in section 87 – 91 of the county government Act, 2012 and EMCA, cap 387 of the laws of Kenya. The regulations introduce a more robust treatise of public consultation requiring developers to engage communities through notices published in newspapers, on radio for at least two weeks followed by a minimumof three focused group discussion meetings sampled in the project You should NOT be scared by contention of some rowdy neighbours. In reporting, the minority have their say, but the majority have their way.

5. It is in the interest of the regulator to achieve 100% compliance. That might not be achieved. However, it is my obligation to highlight some legal & financial Risks for Non-compliance that include: –

5.1 Suspension, revocation, or updating of environmental licenses.

5.2 Heavy civil and criminal liabilities under EMCA including fines up to Kshs.5 million or up to 3 years’ imprisonment, plus revoked licenses.

5.3 Registered experts must ensure due diligence—directors and officers may be personally liable if they fail to ensure compliance.

6. The 2025 regulations fundamentally change how construction firms Before commencement of construction and as part of mobilization, your approvals and budgets must reflect new permitting fees and timelines. During construction phase, documentation must be meticulous and environmental monitoring should become second nature to your project team. After project completion, final audits should be submitted and compliance certificates obtained.
7. The five key takeaways for you;

7.1 Engage qualified experts early: Register and hire experts to perform

7.2 Integrate stakeholder engagement from day one: Avoid delays by planning public consultations in compliance with EMCA.

7.3 Key Takeaways for Budget accordingly: SEA/IEA fees and audit cost must be factored into project financing.

7.4 Maintain meticulous records: For audits, compliance, and potential legal defenses.

7.5 Embrace a compliance culture: The regulations strengthen enforcement and Personal liability—non-compliance carries serious financial and legal risks.

In event that you need to make any clarification, please get in touch with me at your earliest opportunity

MUTUA P. NZOKA OGW,

DIRECTOR GENERAL