The Environmental Impact Assessment (EIA) licence is a mandatory legal requirement in Kenya for medium and high-risk projects that may have significant environmental effects. Issued by the National Environment Management Authority (NEMA) under the Environmental Management and Coordination Act (EMCA), 1999, and the Environmental (Impact Assessment and Audit) Regulations, 2003, the licence ensures that development projects implement appropriate safeguards to protect public health and the environment.
Legal Framework and Reinstatement of Fees
Following a cabinet resolution in 2022, NEMA reinstated EIA processing and monitoring fees, effective 1 June 2022. This reversal of the 2017 waiver was formalised through Gazette Notice No. 13211 of 2013, which reviewed the Fifth Schedule of the Environmental (Impact Assessment and Audit) Regulations, 2003. The reinstatement aims to enhance sustainable development by ensuring that environmental safeguards, management, and monitoring plans are adequately funded and implemented.
Fee Structure for Medium and High-Risk Projects
The primary fee for EIA processing and monitoring is calculated as 0.1% of the total project cost, with a minimum charge of KSh. 10,000. Notably, there is no upper cap on this fee, meaning that for very large projects, the cost scales proportionally with the project budget. This approach ensures that the financial burden is relative to the project’s scale and potential environmental impact.
In addition to the processing fee, specific administrative actions attract fixed charges. For instance, the surrender, transfer, or variation of an EIA licence incurs a fee of KSh. 5,000.
All applications and payments must be submitted online through the E-Citizen-NEMA licensing portal. Each submission must be accompanied by a certified Bill of Quantities (BQs), which clearly indicates the proposed project cost. This documentation is critical for NEMA to accurately calculate the applicable fees.
Application Process
Project proponents must first determine whether their project falls under the medium or high-risk categories as defined in the Second Schedule of EMCA. Once classified, they must engage a registered and licensed EIA/EA expert to conduct the assessment. The expert prepares a comprehensive EIA study report, which is then submitted to NEMA alongside the required fees. NEMA reviews the report, conducts public participation where necessary, and issues the licence upon approval.
Summary Table of EIA Licence Fees
| Fee Type | Amount | Notes |
|---|---|---|
| EIA Processing & Monitoring Fee | 0.1% of total project cost | Minimum KSh. 10,000, no upper limit |
| Licence Surrender/Transfer/Variation | KSh. 5,000 | Fixed administrative fee |
| Expert Registration & Licensing | Graded fees | Varies by expert category |
The reinstatement of EIA fees underscores Kenya’s commitment to balancing development with environmental protection. For medium and high-risk projects, the 0.1% processing fee (minimum KSh. 10,000) ensures that NEMA can effectively monitor and regulate activities that may impact the environment. Developers must budget for these costs and comply with the online submission requirements to avoid delays. By adhering to these regulations, project proponents contribute to sustainable development while fulfilling their legal obligations under Kenyan law.
