Listen to This Article Enhance your reading experience by listening to this article.

Environmentalists may soon have to dig deep into their pockets if a draft Bill currently under review by the National Assembly becomes law.

Environment Institute of Kenya Bill, 2023, proposes a one-off registration fee ranging from Sh5,000 to Sh25,000, as well as an annual practicing fee for members.

Sponsored by Ndaragwa MP George Gachagua, the Bill establishes four categories of members: lead, members, associate, and corporate, each with its own registration and practicing fee requirements.

Presenting the draft to a parliamentary committee last week, Gachagua told MPs that the Bill is meant to streamline and regulate professional standards in the environment sector.

Professionalism matters

“We have a lot of areas not covered by Nema, particularly those aspects regulatory. Though the Environment Institute of Kenya (EIK) deals with matters of professionalism, it remains an extension of Nema. I can assure you that the Government will draw a lot from this body both at the county and National level”, Gachagua said.  Associate members would pay Sh5,000, lead (Sh10,000), fellow (Sh20,000) while corporate will part with Sh25,000. Annual practicing fees would range from Sh10,000 for associate members to Sh25,000 for corporates.

Three groups

Currently, environmental experts fall into three groups of lead, associate, and firm. They are required to pay a registration fee ranging from Sh2,000 to Sh15,000, as well as annual licenses ranging from Sh3,000 to Sh60,000, depending on the category and citizenship.

 Citizens pay lower fees, between Sh2,000 and Sh5,000 for registration and between Sh3,000 and Sh20,000 for annual licenses, while non-citizens pay between Sh6,000 and Sh15,000 for registration and between Sh9,000 and Sh60,000 for annual licenses.

“Registration and licensing are required for any environmental professional who intends to undertake EIA in Kenya. The EIA license is 0.1 per cent of the total cost of the project while the surrender, transfer or variation of EIA license is cost at Sh5,000,” the Bill.

Bill aims to establish a regulatory framework to promote professionalism within the environmental profession.

“The environmental profession requires a regulatory framework and this has made it relatively ineffective. The only legal provision regulating the environmental profession is the Environment Impact Assessment and Audit, regulations, 2003 which provides for the registration of Environmental Impact Assessment (EIA) experts,”  the Bill.

Once enacted, the Bill is expected to enhance regulations within the sector through the registration of environmental professionals.

Gachagua estimates that the government will generate additional revenue of approximately Sh212.9 million in the first year, Sh263.7 million in the second year, and Sh323 million in the third year through subscription fees.

Legal frameworks

Bill, presented before the National Assembly Committee on Environment, Forestry, and Mining, chaired by Nakuru MP Davida Gikaria, draws inspiration from Rwanda, Sri Lanka, and the USA, where legal frameworks and regulatory bodies govern the standards and conduct of environmental professionals.

Sri Lanka and USA have a single charge annual fee for their members, while Rwanda has a one-time application fee and two types of annual fees charged to its members.

Committee chairperson Gikaria and his vice Charles Kamuren (Baringo South) commended Gachagua for his efforts in coming up with the proposed bill.

“I know what it takes for a member to come up with a Legislation, we want to assure you that we will be looking into this Bill and get back to you the soonest”, added Gikaria Committee Chair in his closing remarks.