Enforce Laws To Curb Environmental Corruption

NAIROBI, Kenya, Jan 19 – Land plays an important role in global cycles of greenhouse gases like carbon dioxide, methane and nitrous oxide. Depending on its use, land activities can result in emissions or removal of those gases to the atmosphere. The United Nations Framework Convention on Climate Change acknowledges that land use can contribute significantly to mitigation of climate change, including through the promotion of sustainable management of forest ecosystems. It is for this reason that the world leaders put forward the climate change agenda as evidenced by the UN Climate Change Conference (UNFCCC COP 27) in Sharm el-Sheikh, Egypt in November 2022.

Extraction of natural resources like forests as an economic activity is important in promoting development but this needs to be done in a responsible and sustainable manner in line with the Sustainable Development Goals (SDGs). However, corruption has been linked to carbon dioxide reduction and is considered as one of the primary hindrances to environmental preservation efforts in the developing world. This sentiment is supported by the Transparency International Global Corruption Report (Global Corruption Report) which observes that countries that are most vulnerable to environmental problems also have high levels of corruption.

It is encouraging to see that the whole world recognizes the environment as a crucial aspect for sustainable development. However, progress in this dimension has been minimal in Kenya. As of 2020, World Bank had indicated that the total forest cover in Kenya stood at a paltry 6.3%. This low percentage is attributed to corruption and it confirms the findings of another study that the more affected a country is by corruption, the weaker its environmental performance is.

One of the obvious solutions to tackling environmental corruption is the presence of a robust legislative framework. Article 44 of the Environmental Management and Co-Ordination Act provides that National Environment Management Authority (NEMA) “shall, in consultation with the relevant lead agencies, develop, issue and implement regulations, procedures, guidelines and measures for the sustainable use of hill sides, hill tops, mountain areas and forests and such regulations, guidelines, procedures and measures shall control the harvesting of forests and any natural resources located in or on a hillside, hill top or mountain area so as to protect water catchment areas, prevent soil erosion and regulate human settlement”.

Besides robust laws and regulations, there needs to be greater political will in the fight against corruption since a global assessment of environmental rule of law found that, despite the burgeoning of environmental laws and policies globally, the lack of political goodwill render them useless, no matter how well-drafted they are. Good news is that the new Government of Kenya is keen to ensure that forest cover is increased significantly in the coming years.

Lack of strict enforcement of environmental law is what bedevils this country. Some erstwhile forest areas in Tapach, Weiwei, Lelan and Batei Wards along Cherangani Hills in West Pokot are now bare and a sorry sight courtesy of forest officers who collude with unscrupulous timber merchants to smuggle timber. Sometimes those officers even use government vehicles to smuggle the timber! The mentioned areas are fertile and good for farming of red onions and other crops as well as rearing dairy cattle. However, this blessing has come with its fair share of problems; soil erosion and catastrophic landslides that hit those areas. The most tragic incident happened in November 2019 whereby more than 50 people lost their lives and livelihoods through landslides.  Evidently, the short-term gains of cultivating crops and getting money from onions are causing long-term harm that affect future generations.

There is a need to curb runaway environmental corruption and re-introduce stringent measures like those that were being enforced by Agricultural Extension Officers in the 80s and 90s. Those were the days when riparian land was a no-go area and planting trees along rivers and streams was the in thing. Those were the days that water catchment areas were hallowed religious shrines where it was believed that if one set a foot, thunder would strike him or her.

The multifaceted nature of corruption in the environmental sector is destructive but it is not too late to overcome with concerted efforts at different stages. First, the Government needs to establish a strong enforcement mechanism to safeguard environmental standards. Second, it should carefully consider how to recover lost forests across the country and the decision should be done in collaboration with stakeholders and in a fair, transparent and responsible manner to minimise harm in the implementation process.

Michael Kasilon – Governance Practitioner and Masters Student in Public Policy and Administration at Kenyatta University.