ANALYSIS OF ENVIRONMENTAL IMPACT ASSESSMENT AND AUDITS IN KENYA 

<p><span>This article offers a detailed exploration of the legal framework for Environmental Impact Assessment (EIA) and Environmental Audits (EA) in Kenya, both in terms of the procedural steps and the domestic and international legal underpinnings of these environmental management instruments. The first section defines Environmental Impact Assessment as a prevention tool to identify, predict and manage the adverse effects of proposed projects on the bio-geophysical environment and human health. It describes the six steps in the EIA process, which under Kenyan law include screening, scoping and terms of reference (TOR), study and report preparation, mandatory public participation, submission and review by the National Environment Management Authority (NEMA), and decision-making. The analysis notes the constitutional basis of EIA in Article 42 of the Constitution of Kenya, 2010 (right to a clean and healthy environment) and the statutory basis in the Environmental Management and Coordination Act (EMCA) Cap 387 and the Environmental (Impact Assessment and Audit) Regulations, 2003. Landmark court cases such as Save Lamu v NEMA (2019), Menengai West Stakeholders Forum v NEMA (2025), Kiliavo Fresh Limited v National Environment Tribunal (2025) and Green Belt Movement v Attorney General (2025) are discussed to highlight the courts' position on good public participation and procedural fair play. It also addresses the international law governing EIA to which Kenya is bound, including customary international law (as confirmed by the International Court of Justice in the Pulp Mills on the River Uruguay case), the Convention on Biological Diversity (Article 14), the United Nations Convention on the Law of the Sea (Article 206), and the Ramsar Convention on Wetlands. It observes that while these instruments offer a moral compass, they are fragmented in their application, lack clarity and have limited enforcement.&nbsp; The second section concerns Environmental Audits, which are not to be confused with EIA, as an ex-post, continuing compliance tool for projects in operation. It examines the constitutional provisions under Articles 42, 69, 35 and 70 of the Constitution, alongside EMCA Section 68, which requires annual audit reports to NEMA. The international law basis for environmental audits is linked to customary due diligence principles and multilateral environmental treaties, such as the Convention on Biological Diversity (CBD), United Nations Framework Convention on Climate Change (UNFCCC), United Nations Convention to Combat Desertification (UNCCD) and United Nations Convention on the Law of the Sea (UNCLOS), but there is no treaty that comprehensively mandates environmental audits. The paper finds that Kenya has a well-developed, constitutionally rooted environmental governance system in line with international standards. But weaknesses in capacities, enforcement, assessment quality, and public involvement hinder its effectiveness. Increasing NEMA's enforcement capacity, digital transparency, post-EIA monitoring, and genuine public participation are highlighted as key areas for future success. The recent draft Environmental Management and Co-ordination (Strategic and Integrated Environmental Assessments and Environmental Audits) Regulations, 2025, indicate a continued evolution in the framework, especially in relation to climate change and digital reporting.</span></p>