HE Governor Alex Tolgos presiding over the commissioning of a water project in Kerio Valley

Background (Role of the committee)

The Water, Forestry and Mining Committee was constituted to consider all matters relating to sustainable water management; mining; climate change; environment management and conservation; forestry; natural resources; pollution and waste management.
The committees’ mandate is to review current bills before National Assembly, Senate and County Assemblies relating to all the above matters; National policies, best practices and emerging trends and technologies, inter-county agreements relating to cross-county resources.
The committee provides technical assistance in research, policy analysis, and resource development for county governments across a range of policy issues. The policies target counties as engines of sustainable economic growth.

Legal Framework

The primary source of legislation on the Committee’s activities is the Constitution of Kenya 2010. The other key sources of legislation include:

• Environmental Management Coordination Amendment (EMCA) CAP 387 2015
• The Water Act, 2016
•  Forests Conservation and Management Act, 2016
• Mining Act 2016, 2014
• The Climate Change Act, 2016

Approach to undertaking Committee’s business

The committee functions through: -

• Increasing CoGs knowledge base and repository on linkages between national processes and county activities and aligning COGs institutional policies to sustainability principles
• Enhancing COGs leadership role through inter and intra county participation in policy and legal processes

Enhancing County Governments’ understanding of environmental issues and the need to develop in a sustainable manner;

• Developing and mainstreaming legal/policy frameworks for incorporation into sector plans and strategies (Have them rephrase to fit in as approaches and not activities, refer other committee fact sheets)

Status Briefs (Current agendas/issued being addressed by the committee)

The Environment Committee is currently involved in the review of legal and policy frameworks, including:

• The National Water Policy and Water Transition Plans
• National Solid Waste Management Bill, 2017
• E-Waste Management Policy
• Non-Revenue Water Policy
• The Wildlife Conservation and Management(Amendment) Bill, 2017
• National Wildlife Management and Conservation Draft Policy, 2017
• National Wildlife Conservation and Management Strategy
• Forest Conservation and Management Act, 2016
• The Prevention and Control of Marine Pollution Bill, 2014
• Natural Resources (Benefit Sharing) Bill, 2014
• The Forests (Charcoal) Regulations, 2009
  • The committee is supporting Counties to develop County Climate Change Fund model legislation to offer Counties with an opportunity to become “executing entities” under the Green Climate Fund.
  • The committee is also helping Counties to develop Climate Change Model laws premised on national Climate Change Act.

Other activities the committee is involved in:

• Review of strategic environment assessment (SEA)reports
• Working with Counties on implementation of Forest Transition implementation plans
• Developing a position on the Gazette notice on the ban on plastics
• Review of Environmental Impact Assessment (EIA) and Strategic Environmental Assessments(SEA) reports

Opportunities that the Committee Offers

1.    The Green Climate Fund accreditations opportunity
2.    Ongoing surveys and research Initiatives-Diagnostic study on climate resilience in six counties supported by world bank
3.    Potential in being involved in tracking environmental and critical environmental indicators in counties
4.    County Environmental Capacity Assessment

Impact/Breakthroughs/Key Achievements

The Committees has contributed to the implementation of the required legislation, regulations, systems and structures are at various stages of operationalization. This includes;

• Contributions to the enactment of the Climate change act 2016 in line with the constitutions and has contributed to review of EMCA 2015 (amendment) CAP 387, Forest conservation and management Act 2016 which had issues that were not in line with the objects and principles of devolved government as provided for in Articles 174 and 175 of the constitution respectively.
• Representation of the NRM committee in Inter governmental initiatives and Working Groups namely:
  
  • National Steering Committee for Development of a Water Policy
  • Drought Management Authority (NDMA)
  • National Education for Sustainable Development Policy
  • Inaugural Sustainable Conversion of waste to clean energy for Green House Gas (GHG)emission reduction in Kenya (Waste to Energy) Project Steering Committee
• Developing positions and memorandums on: Policies and legislations such as
  - Third Medium Term plans (MTP 3; 2018-2022) macroeconomic working groups in the oil& other mineral resources sector; Environment, water and sanitation sector and Climate change. - The Ban on Plastic Ban
• National water policy and water transition plans, National solid waste management bill 2017, E-waste management policy, Non-revenue water policy, The wildlife conservation and management(amendment) bill, 2017 among others
• Capacity building activities for County Governments and CoG staff

Resources

The committee develops and maintains a variety of research, technical and advisory resources on environment: climate change, water, minerals, marine, wetlands, forests, waste management, wildlife and biodiversity.