Physical Alteration and Destruction of Habitats (PADH): Policies and Institutional Framework - Kenya

In this report a review of national policies and legislation addressing issues of the alteration and destruction of critical coastal and marine habitats, and the institutional arrangements towards alleviating the same is presented. The land-based social and economic activities impacting on the habitats and the extent to which the latter are affected is assessed. Emphasis has been placed on the link between the impacts and tourism or tourism catalysed activities. Other relevant socio-economic activities considered include mangrove harvesting, agriculture, mining, ports, land reclamation and damming of rivers. Case studies of initiatives at alleviating the deteriorating situation are discussed, conclusions drawn and recommendations provided.

The study has revealed that the Kenya coast is endowed with critical habitats rich in biodiversity. These habitats form the resource base upon which the coastal economy led by tourism thrives. This resource base however, under increasing pressure from the rising population and is experiencing alteration and destruction due to the burgeoning socioeconomic activities. Tourism led development is largely pointed out to be the driving force behind most of the alterations and destruction of the habitats. Very few initiatives exist to alleviate the situation though some good cases to this effect have been cited.

Adequate policies, legislation and institutional arrangements that can address the issue of the physical alteration and destruction of habitats (PADH) exist, but there is a draw back that is attributed to the lack of integration. The legal regime and institutional arrangements formulated with a sectoral perspective, have failed to address the complex problems of the coastal habitats, which otherwise require an integrated approach to solve. In the current set up there is little delegated authority to grass root institutions to enable quick actions; no arrangements to involve NGOs, CBOs and the private sector and little or no incentives to encourage local communities to participate in conservation efforts. The deficiencies and shortcomings of the legal regime and institutional framework have been recognised and are aptly addressed by the Environmental Management and Co-ordination Act (EMC Act). There is hope that the crosscutting EMCA can adequately address the issue. Unfortunately however, the National Environmental Management Authority (NEMA), the executing arm of EMC Act, is still very thin on the ground.