Air Pollution Monitoring Legal Framework in Nairobi

AIR POLLUTION MONITORING LEGAL FRAMEWORK IN NAIROBI:
IMPROVING THE REDUCTION STRATEGIES OF AIR POLLUTANTS IN THE

ATMOSPHERE.
Submitted in partial fulfillment of the requirements of the Bachelor of Laws Degree,

Strathmore University Law School
By
[Mohamed Abdirahman Abshir]

[102514]
Prepared under the supervision of

[Ms. Purity Wangigi]
April 2022
Word Count: 17,000

Table of Contents
ACKNOWLEDGEMENTS.......................................................................................................III
DEDICATION............................................................................................................................IV
DECLARATION..........................................................................................................................V
ABSTRACT................................................................................................................................VI
List of Abbreviations................................................................................................................VII
CHAPTER 1: INTRODUCTION................................................................................................1
1.1. Background........................................................................................................................1
1.2. Statement of the Problem..................................................................................................4
1.3 Research Objectives................................................................................................................5
1.4. Research Questions................................................................................................................6
1.5. Hypothesis...............................................................................................................................6
1.6. Justification of the study.......................................................................................................6
1.7. Theoretical Framework.........................................................................................................7
1.8 Literature Review...................................................................................................................9
1.9. Methodology.........................................................................................................................12
1.10. Chapter breakdown...........................................................................................................12
CHAPTER 2................................................................................................................................14
2.1 INTRODUCTION........................................................................................................14
2.2. The current State of Assessing, Reporting and Implementation of Air Pollution laws
in Nairobi.................................................................................................................................14
2.3 Existing Environmental Legislation and Institutions on monitoring, reporting and
implementing of Air Pollution laws in Nairobi.....................................................................16
2.3.1 Constitution of Kenya 2010.......................................................................................16
2.3.2 Environmental Management and Co-ordination Act and NEMA.........................16
2.3.3 Air Regulations 2014 and NEMA..............................................................................17
2.3.4 Ministry of Environment and Forestry....................................................................19
2.3.5 National Environmental Management Authority – enforcement..........................19
2.3.5 Kenya Meteorological Department – ambient air quality monitoring..................21
2.4. Lessons from the Owino Uhuru Pollution Incident in Kenya: A CASE STUDY......22
2.5. CONCLUSION AND RECOMMENDATIONS...........................................................24
CHAPTER 3................................................................................................................................25
3.1. INTRODUCTION............................................................................................................25
3.2.1. The status quo of urban sprawl and its effects on the quality of air in the city of
II
Nairobi..................................................................................................................................25
3.2.2. Traffic Pollution in the city of Nairobi as a result of Urban Sprawl....................27
3.2.3. Indoor Air Pollution as a result of Urban Sprawl..................................................28
3.3. Environmental legislation on urban sprawl, air pollution and Adequacy of the
legislation in curbing the impact of Urban Sprawl..............................................................31
3.3.1. Urban Areas and Cities Act and The County Governments Act..........................31
3.3.2. Environmental Management and Co-ordination Act............................................33
3.3.3. Air Quality Regulations, 2014..................................................................................34
3.4. CONCLUSION AND RECOMMENDATIONS...........................................................36
4.1. INTRODUCTION............................................................................................................37
4.2. The Status of Waste Management in Nairobi and its effects on the city’s Air Quality
...................................................................................................................................................37
4.3. Existing Environmental Legislation and Institutions on Waste management in
Nairobi : Adequacy of such Legislation in curbing the unsound methods of waste
disposal in the City..................................................................................................................40
4.3.1. The Constitution of Kenya 2010...............................................................................40
4.3.2. Environmental Management and Coordination Act..............................................41
4.3.4. Penal Code of 1948....................................................................................................42
4.3.5. Waste Management Regulations, 2006....................................................................42
4.4. Best practices of Waste Management around the Globe: A Case Study on the Cities,
Cape Town and the State of Maryland.................................................................................43
4.4.1. Cape Town, South Africa..........................................................................................43
4.4.2. State of Maryland, USA............................................................................................44
4.5. Conclusion and Recommendations.................................................................................46
CHAPTER 5: Conclusion...........................................................................................................47
5.1. Summary of Findings.......................................................................................................47
5.2. Recommendations............................................................................................................49
III
ACKNOWLEDGEMENTS
I would like thank God without whom none of this would be possible. I
would also like to express my deepest gratitude to my parents, Leyla
Hussein and Abshir Mohammed, without whom I would not even have the
opportunity to be doing great things. Their support and belief in me will
always be my reason.
Lastly, I would also like to thank Ms. Purity, my supervisor, for her support
and patience throughout this whole project. Her patience and grace allowed
me to complete this work.
IV
DEDICATION
This dissertation is dedicated to the many children, women and men who
are exposed to toxic air pollutants on the daily in Nairobi. Change is
possible and clean and healthy air is an achievable goal for all.
V
DECLARATION
I MOHAMED ABDIRAHMAN ABSHIR, do hereby declare that this research is my original

work and that to the best of my knowledge and belief, it has not been previously, in its entirety
or in part, been submitted to any other university for a degree or diploma. Other works cited or
referred to are accordingly acknowledged.
Signed: ...............M.A.A.........................................................
Date: ........25 April 2022..................................................................
This dissertation has been submitted for examination with my approval as University
Supervisor.
Signed:..........................................................................
[Supervisor’s Name]
VI
ABSTRACT
Nairobi is a metropolitan city with a population of over 4.37 million. Of this population, over
sixty percent of the residents in the city live in Eastleigh and Kibera covering less than only
fifteen percent of the land mass. This leads to the exacerbation of existing air pollution
problems resulting from the ensuing urban sprawl. Additionally, the city also lacks a coherent
air quality monitoring to provide long-term spatial data useful for sound decision-making in the
formulation of policies and regulations. Consequently, air pollution continues to kill with air
pollution being responsible for 500 deaths in Nairobi alone in 2021. This results from a
discrepancy in the business activity and the number of people within the city with the measures
taken to combat these developments.
To this end, this study explores the existing regulations on the above issues in a bid to provide
recommendations for dealing with the problem. Among the findings of the study include
incorporating existing air quality monitoring networks around the globe and incorporating a
pro-poor approach given the persons mostly affected by these challenges. Other findings
include the need to enforce existing waste management methods by the Authority to curb the
release of toxins such as dioxins and furans which are dangerous to human health. Lastly, this
study recommends that the existing urban polluting legal framework be bolstered to effectively
deal with the impacts of urban sprawl. Further study/research can also be carried out to
investigate the implementation of action plans devised by the Nairobi City County government.
VII
List of Abbreviations
HC Hydrocarbon
EMCA Environmental Management Co-ordination Act
NEMA National Environmental Management Authority
WR Waste Regulations 2014
PM Particulate Matter
OECD Organization for Economic Cooperation and Development
VIII
CHAPTER 1: INTRODUCTION
1.1. Background
The enactment of the 2010 constitution was supposed to be a new dawn for the realization of
environmental rights in Kenya.1 The Kenyan legal framework for the environment and on the
prevention of pollution is well established. The Constitution guarantees every person in Kenya
the right to a clean and healthy environment.2 In addition, one has the right to apply to a court
for redress if one’s right to a clean and healthy environment recognized and protected under
article 42 of the constitution has been or is likely to be denied, violated, infringed, or
threatened.3
The Constitution also guarantees every Kenyan the right to life, 4 and their dignity which
cannot be compromised.5 Additionally, the Constitution also guarantees every citizen the right
to reside anywhere in the country.6 However this right accompanies with it the right to
Adequate residence of good sanitation. 7 In addition to adequate living, the Constitution
guarantees every citizen the right to quality environment which includes the right to a
sustainably managed environment for present and future generations through laws and
improvement of infrastructure in line with article 69 and the obligations on the state espoused
in article 70.8 It is against these background of laws that this thesis is carried out.
Moreover, in view of Article 70, courts in Kenya have been inclined to accept petitioners’
cases of violations to their right to clean and healthy environment where evidence of
mitigation measures have not been accorded by the relevant bodies such as NEMA.9 Lastly,
Article 35 of the Constitution states that the state shall publish and publicize any important
information affecting the nation,10 which includes providing information on the state of the
quality of air by providing annual reports.
More specifically, the Constitution under schedule IV pursuant to Articles 174 and 186 places
1
B Joel, ‘Implementing environmental rights in Kenya’s new constitutional order: Prospects and Potential
challenges’ 14(1) African Human Rights Law Journal, 2014, 494.
2
Article 42, Constitution of Kenya (2010).
3
Article 70(1), Constitution of Kenya (2010).
4
5
6
7
Article 43(1)(b), Constitution of Kenya (2010).
8
9
Estate within Nairobi county v Resjos Enterprises and others (2016) eKLR.
10
the control of air pollution at both the national and county level. Pursuant to this, the national
government agencies ought to shield the environment and natural resources by facilitating
renewable and more environmentally friendly approaches to development. Additionally, the
constitution demands of the counties to implement specific environmental policies based on the
national government policies on conservation and protection. Cognizant of the role of the
county in ensuring the health of the county, this study will focus on the air pollution in Nairobi
County. Moreover, a climate-resilient, low carbon development was established as a national
priority for Kenya since it will support Kenya to absorb disturbances and build capacity to
adapt to additional stress and change.11
In addition to the environmental management and co-ordination Act of 1999, in 2014, the
Minister for the Environment enacted the environmental management and Coordination (Air
Quality) Regulations to further curb air pollution. This Act contains provisions to reduce
impacts of air pollution, guidelines to minimize greenhouse gases and recommends air
pollution control technologies. Notable provisions most relevant to this study are contained in
Part VI of this regulation.
Firstly, the Authority must ensure that emissions from all internal combustion engines are
monitored in accordance with the methods set out under the Eleventh Schedule. 12 This schedule
contained in the Air Quality Regulations 2014 sets out the list of methods of test and
measurement of air pollutants. It provides the motor gasoline specifications and code of
practice for inspection of road vehicles. Moreover, the specification for diesel fuels and other
fuel oils are provided for in this schedule. Additionally, no person shall cause or allow the
emission of visible air pollutants from a stationary or mobile vehicle more than the limits
prescribed by the regulations.13 Lastly, no person shall cause or allow the emission of visible
air pollutants from a stationary or mobile vehicle more than the limits prescribed by the
regulations.14
However, despite the increase of legislation and regulation on air pollution, the status of air
quality and air quality management in Kenya remains bleak. As a result, ambient air pollution
was responsible for around 5,000 premature deaths in Kenya in 2019 alone according to the
11
National Environment Management Authority of Kenya, Final Draft, 2019, 12.
12
Section 24, Environmental Management and Co-ordination (Air Regulations), 2013 (Act No. 8 of 1999).
13
14
2
Global Air 2020 report.15 Air pollution is a leading killer in Kenya. It is the leading cause of
respiratory diseases such as chronic obstructive pulmonary disease, lung cancer, pulmonary
heart disease and bronchitis.16 According to the UN, the air pollution problem is accentuated in
developing countries where laws are weak or not applied.17 Moreover, the World Health
Organization has noted that approximately 19,000 people die prematurely in Kenya alone
annually due to air pollution.18
Air pollution is the introduction of chemicals, particulate matter, or biological materials that
cause harm or discomfort to humans or other living organisms, or cause damage to the natural
environment or built environment, into the atmosphere.19 Humans need air to live and we
breathe through our noses. Our noses filter out normal pollutants in the air but there are some
particles too small that get through our noses and into our lungs which is dangerous for our
health. PM 2.5 is one of these pollutants that are harmful and refers to fine particles with a
diameter less than 2.5 micrometer.20 It is evident from the tragic deaths annually that although
there are well established environmental laws and a monitoring system, Kenya has a limited air
quality monitoring network and lacks long-term data required to ascertain variations of air
quality temporarily and spatially.21
A notable cause of the above prevalent air pollution has been the presence of heavy duty
vehicles such as trucks, lorries and busses which run on diesel engines. Such vehicles lead to the
release of more pollution compared to newer vehicles. Vehicular emissions remain a major
source of the low-quality air in Nairobi. This is mainly due to the rapid urbanization and
motorization in the city which leads to the deterioration of air quality in the city. This exposure
of unhealthy air is a leading risk factor in Nairobi which brings about a spike in respiratory
diseases, cardiovascular diseases, lung cancer and stroke. Additionally, the problem of vehicular
15
Health Effects Institute, State of Global Air 2020, 5.
16
17
‘Air pollution hurts the poorest most,” United Nations Environment Programme, 9 May 2019 —
<https://www.unenvironment.org/news-and-stories/story/air-pollution-hurts-poorest-most> on 9
Many 2019.
18
‘Nairobi matatus’ odd engine idling culture pollutes, harms health' United Nations Environment
Programme, 19 December, 2019 — < https://www.unenvironment.org/news-and-stories/story/nairobi-
matatus-odd-engine- idling-culture-pollutes-harms-health> on 19 December 2019.
19
Kariuki Muigua, ‘Safeguarding the Environment through Effective Pollution Control in Kenya’ Kariuki
Muigua &Co, 2019, 17.
20
Section 2, Environmental Management and Co-ordination Act (Act No. 6 of 2009).
21
Assets publishing Service, Air Quality Briefing note: Nairobi (Kenya), 2019, 1.
3
emissions of air pollutants is exacerbated by the traffic in Nairobi.
Traffic emission is a major source of atmospheric pollution and traffic volume is estimated to
grow by approximately 13% annually.22 More so, this problem grows when the frequency of
traffic congestion increases which leads to increased fuel consumption which has the potential to
cause even increased exhaust emissions. Furthermore, road transport is responsible for the
release of major air pollutants such as PM2.5, HC, CO, CO2, NOx and SO2 emissions in urban
centers. 23
when pollutants such as PM2.5 are released into the atmosphere, human health is
gravely endangered as these fine particles penetrate through the alveoli of the lungs into the
blood stream due to their small size. This penetration leads to acute lower respiratory infections,
cardiovascular, chronic obstructive pulmonary disease, and lung cancer.
Other emission such as hydrocarbon emissions lead to the formation of smog in the urban areas
of our city which reduces visibility and can result to accidents. Asthma reduced lung function,
inflammatory condition to respiratory tract which cause coughing, mucus secretion and
aggravation of chronic bronchitis are some of the problems caused by other pollutants emitted
from vehicular emissions in Nairobi. Additionally, the National Economic Survey of 2019
recorded that respiratory diseases are a leading cause of illness among children in Nairobi.
According to KNBS 2020, there have been 154,636 and 489 cases of respiratory and
cardiovascular conditions constituted to 12% and 11% of the nationally statistics respectively 24.
It is worth noting that despite the above already alarming statistics, there exist many unreported
and unaccounted for cases.
Another major cause of air pollution in the city of Nairobi is the issue of waste management.
This is in view of the fact that many parts of the city do not even have waste collection systems
in place. Effective waste management systems lead to the reduction of air pollutants such as
greenhouse gases especially methane. To this end, of specific focus to this study is the impact
this lack of waste collection systems has on the quality of air in the city.
1.2. Statement of the Problem

22
Waiguru N, Aerosol Remote Sensing and Modelling: Estimation of Vehicular Emission Impact on Air Pollution
in Nairobi, Kenya, 2017, 16.
23
24
4
From the above facts indicating the prevalence of the issue of Air pollution and the tragic
deaths that ensue, it is evident that there are gaps and inadequacies in the environmental
framework. Nairobi is a growing urbanizing city and whilst this is great, it poses great
challenges that if left untreated may cripple the city. Some of these challenges include huge
traffic volume in Nairobi, urban sprawl and waste management. Additionally, the traffic
volume is estimated to be growing by approximately 13%. With the huge traffic volumes, the
effects of air pollution are exacerbated.
Nairobi, a growing urbanizing city with a population of 4.397 million people faces air pollution
challenges. These problems at their very core can be traced back to the monitoring of air
pollutants. Most of the air quality data is derived from randomly conducted studies and this
hinders the spatial-temporal analysis of air pollution which leads to inconclusive findings of
the effects of air pollution. To this end, this study will focus on the extent to which the existing
environmental legislation in Nairobi provides for the monitoring, assessment and compliance
of Air Quality regulations in a bid to suggest effective monitoring and reduction strategies of
air pollutants in Nairobi.
This study will also focus on the impacts of urban sprawl in Nairobi on air pollution in a bid to
provide the most effective legal steps to curb the air pollution that comes with urban sprawl.
Urban sprawl is the fast spread of a city or its suburbs and often involves the construction of
residential and commercial buildings to deal with the massive sprawl. This sprawl leads to
more and more people buying personal cars for transport which causes more traffic jams on
Nairobi roads with people in Nairobi having to commute from as far as Kitengela, Kangundo
and Juja.
1.3 Research Objectives
a. To assess to what extent the existing legislation and institutions in Nairobi

provides for the monitoring, reporting and compliance of Air Quality regulations
in the city.
b. Determine the extent to which Nairobi’s environmental legislation protects

against the impact of urban sprawl on air quality.
c. To assess which environmental legislation in Nairobi protects against the open
5
burning of waste in Nairobi.
1.4. Research Questions

a. To what extent are the existing environmental legislation and institutions effective in
monitoring, reporting and implementing the laws on air pollution in Nairobi?
b. To what extent does the environmental legislation in Kenya protect against the impact
of urban sprawl on the air quality in Nairobi?
c. To what extent does the environmental legislation in Kenya protect against the
open burning of waste in Nairobi?
1.5. Hypothesis
1. The city of Nairobi lacks a long-term air quality monitoring which results in the
concentration and sources of air pollution not being properly understood.
2. Urban sprawl increases the travel distance of people in the city cause more usage of fuel,
which leads to more pollution. This results from a lack of urban planning or a prevalent
disregard for the urban planning laws in the city.
3. Nairobi lacks sufficient waste management services and lacks a proper framework for
curbing the open burning of solid waste that pollutes the air.
1.6. Justification of the study
From the literature discussed, although there is an existing legal framework to curb air
pollution in Kenya, there is still a high number of tragic deaths every year in Kenya mainly
due to unregulated toxic substances in our atmosphere and a weak monitoring system that
lacks the necessary monitoring technologies. This is because on the one hand, the existing
laws are one dimensional merely limiting emissions of pollutants rather than continually
developing the reduction strategies of pollutants through the use of data.
And on the other hand, Nairobi a growing urbanizing city with increasing population every
6
year lacks proper waste management systems which leads to the burning of waste and the
use of waste as biofuel hence deteriorating the quality of air in the city. 25 Additionally,
Kenya on an estimate generates approximately 22,000 tons of waste per day and about 8
million tons per year. 26
This study will investigate the impact that the lack of waste
management system has on the quality of air in the city of Nairobi in a bid to provide
recommendations for policy makers and law makers.
Furthermore, this study can add onto the already existing reduction strategies of pollutants in
our atmosphere by providing more effective reduction strategies to better curb air pollution
more specifically on Traffic emissions. This study will then provide recommendations using
comparative analysis from other legal frameworks to the already existing legal framework
on Air Quality in order to better curb air pollution in Kenya. Lastly, this study will be useful
for policy makers and lawmakers in Kenya in a bid to better curb air pollution.
1.7. Theoretical Framework
This research is done within the lenses of the sustainable development theory. The term
‘sustainability’ or ‘sustainable’ first appeared in the 20th century before 1972.27 In addition,
even early thought on sustainable development as seen in an 1809 German dictionary reflected
that sustainability referred to as the sustainable use of natural resources.28Another significant
evolution of the term sustainability came in in 1972 when the United Nations held a world
summit in Stockholm, Sweden. According to Rachel Emas, sustainable development is
development that meets the needs of the present generation without compromising the ability
of future generations to meet their own needs.29
The Stockholm conference in 1972 became the first human environment conference and came
to symbolize the beginning of the sustainable development concept. 30 While, there were major
disagreements between for example the northern developed countries who were more
concerned with environmental issues and the developing countries who themselves were more
25
Ministry of Environment and Forestry, National Sustainable Waste Management Policy, 2020, 10.
26
27
Shi L, Han L, Yang F and Gao L, The Evolution of Sustainable Development Theory: Types, Goals, and Research
Prospects, 4, 2019.
28
Prospects, 5, 2019.
29
Emas R, The Concept of sustainable development: Definition and defining principles, 2, 2015.
30
Sun, X. Review and prospect on the UN’s efforts for sustainable development. China Population, 2012, 22.
7
concerned with poverty issues, the summit urged all countries in the world to strengthen their
environmental management policies.31
Other such summits came following the first human environment conference which
represented the birth of the sustainable development concept. These conferences included the
1992 United Nations conference on Environment and Development in Brazil where the
concept of sustainable development was treated as a core concept for resolving the apparent
contradiction between economic development and environmental protection.32 Sustainable

development came to embody development in a sustainable manner regarding resources and
the environment. In specific, sustainable development came to refer development that
maintains development over time.33
Sustainable development as a concept is built on the social, ecological and economic arenas
taken together and equally i.e. holistically.34 The objective of sustainable development is to
maximize the goals across the social, ecological and economic arenas at the same time and the
possibility of mutually supportive i.e. win-win-win gains that can be made through sustainable
development actions. Moreover, sustainable development entails the understanding of
environmental limits in order to best balance achieving a sustainable society and a developing
economy.35 At the core of the concept of sustainable development is that human activities that
damage the functioning of natural systems ultimately weaken the basis of human existence
itself.
This study intends on primarily relying on this theory of sustainable development in order to
assess the impact of not including a number of pollutants in the monitoring legal framework of
air pollutants in Kenya. This theory will be applied in this study to holistically assess the
monitoring legal framework of air pollutants in Kenya with the purpose of providing improved
reduction strategies of air pollutants to better curb air pollution in Kenya.
This study will also rely on the polluter pays principle. This principle states that whoever
31
Prospects, 5, 2019.
32
Prospects, 5, 2019.
33
Elliot J, Sustainable Development, 4th ed, Routledge Perspectives on Development, Stoodleigh, 2013, 20.
34
35
8
causes damage to the environment is responsible for paying for the damage caused to the
environment. At the very core of this principle is that the environment must be restored, and
victims of pollution are compensated (people’s accolade law magazine). This principle is
widely utilized both at the domestic and international level and is firmly entrenched in
Environmental law.
Furthermore, this principle was promulgated in the OECD. It was also adopted as the 16 th
principle for sustainable development in the Rio Declaration on Environment and Development
in 1992. The principle is applicable in Kenya pursuant to article 2(5) and 2(6) of the
Constitution of Kenya. Additionally, the EMCA defines polluter pays principle as the cost of
cleaning up any element of the environment damaged by pollution, compensating victims of
pollution, cost of beneficial uses lost as a result of an act of pollution and other costs that are
connected with or incidental to the foregoing, is to be paid or borne by the person convicted of
pollution.36
1.8 Literature Review
According to Eunice Omanga and Lisa Ulmer, 37 developing countries such as Kenya have
limited air quality management systems due to inter alia inadequate legislation. Economic
development is key in every country but even more so in developing countries. To this end,
Eunice Omanga and Lisa Ulmer also note that in these developing countries, maintaining a
balance between economic development and sustainable development is a challenge.
Consequently, investments in pollution prevention technologies are often at the expense of
increased production and job creation. In addition, the lack of an adequate air quality
management system leads to the false belief that there is no air pollution due to the lack of air
pollution data. Therefore, the data relied on to determine air pollution health effects are based on
the developed world, especially North America & Europe which differs a great deal from the
situation here in the developing world.
Self-regulation refers to the argument that industry groups are best familiar with the best
practices within their industry hence they can set codes of practice, industry standards, and
targets including self-monitoring of compliance. 38 According to Birgen Jael, self-regulation
36
37
Omanga E, Ulmer L and Gichuru, Industrial air pollution in rural Kenya: Community awareness, risk
perception and associations between risk variables, 7, 2014.
38
Federal Ministry for Economic Corporation and Development, Air Quality Management, 2009, 24.
9
works best where policies are strictly followed by institutions of governance such as NEMA
are strict on implementing these policies that promote clean air. However, in her study, she
reveals that NEMA lacks the capacity to monitor standards and performance rates as
prescribed by Air Quality Regulations. Therefore, self-regulation as revealed by Birgen Jael
has not been effective due to inter alia institutional constraints.39 In addition, other writers
such as Yu Xiao have argued that self-regulation when measured against profit margins
defeats the purpose of sustainable development. Therefore, there is often the reluctance of
governments in implementing the relevant legal and policy direction to improve quality of
breathable air.40
According to guidelines developed by NEMA, there are several gaps in the monitoring system
and regulations on air pollution.41 The Environmental Management and Co- ordination Act and
its implementing regulation does not cover all sectors of the economy hence monitoring and
record-keeping are specific to some industries such as the Mineral Oils and refineries. In
addition, the report also identified that the list of controlled facilities under the Air Quality
Regulations is also not exhaustive hence some facilities that do emit polluted substances are
not monitored. This is accentuated further by the fact that although the second schedule of
EMCA covers list of priority air pollutants, key pollutants such as Benzene are not included
into the list of pollutants even though they pollute our air and cause respiratory problems.
Moreover, even in instances where a pollutant is limited such as the content of hydrocarbons in
the air to 20mg/Nm3, there no specific parameters for monitoring them in the Air Quality
regulations. These gaps among several others shows the inadequacies of present law in curbing
air pollution.
According to Kariuki Muigua,42 despite the existence of regulations for prevention, control
and abatement of air pollution to ensure a clean and healthy ambient air, there has been
massive pollution of air especially around major towns due to industrial development and
unstainable mode of transport, mainly matatus and other unroadworthy vehicles. Kariuki
adds that some authors have also rightly pointed out that developing countries such as Kenya
have limited air quality management systems due to inadequate legislation and lack of
39
Birgen Jael, Assessments of levels of selected air pollutants in Athi River, Kenya, 2017, 70.
40
Xiao Yu, The Experience to Abate Air Pollution – What lessons can Beijing, China Draw from Developed
Countries When Trying to Reduce Emissions?, 2015.
41
42
Kariuki Muigua, ‘Safeguarding the Environment through Effective Pollution Control in Kenya’ Kariuki
Muigua &Co, 2019, 17.
10
pollical will among a myriad of challenges. He notes that in Kenya, more attention goes to
short-term benefits from increased production and job creation where the lack of air quality
management capability translates into lack of air pollution data which leads to the false belief
that there is no problem hence making air pollution the silent killer in Kenya.
According to Elizabeth Moses, Beatriz Cardenas and Jessica Seddon, the most successful Air
pollution laws are scientific based using the Long-Range Transboundary Air- Pollution
convention, LRTAP, as an example.43 The LRTAP convention led to cleaner air and healthier
forests, soils and lakes in North America and prevented 600,000 premature deaths annually in
Europe. The overwhelming success of this convention is that it is based on scientific
assessments that identify actions required to improve human health and ecosystems hence
effectively solving the air pollution problem. In addition, the convention in focus provides
scientific tools, models, data, monitoring methods, guidance documents and best practices so
cities can holistically address air pollution at the local level. Another key feature of the
convention is that both scientists and policy makers are directly involved in the political
negotiation and decision making.
This allows for ongoing interactions between the policy makers and scientists, which has
led to informal communication fostering trust and resulting in a common base of scientific
research and knowledge. Lastly, the convention employs a multi-pollutant approach that
allows for integration of environmental effects of pollutants with emission source data
hence leading to multiple reduction strategies instead of mere specific emission limits
which is the case in Kenya.
According to Pallavi Saxena and Chirashree Ghosh, 44 compounds such as benzene, toluene,
ethylbenzene, xylene, formaldehyde and polynuclear aromatic hydrocarbons are classified as
volatile organic compounds and their presence in the atmosphere leads to the formation of
photochemical pollution. In addition, these compounds are also classified in the category of
potential carcinogens that pose a high risk to the public health. Even worse, these compounds
undergo complex photochemical reactions giving rise to a number of highly toxic and
carcinogenic secondary pollutants such as tropospheric ozone and peroxyacl nitrate which are
43
World Resources Institute, The Most Successful Air Pollution Treaty You’ve Never Heard Of, 2020.
44
Saxena P and Ghosh C, ‘A review of assessment of benzene, toluene, ethylbenzene and xylene (BTEX)
concentration in urban atmosphere of Delhi’ 7(6) International Journal of Physical Sciences, 2012, 851.
11
injurious to human health. In view of their danger, other legal systems such as the United
States have tightly regulated these compounds given their toxic nature. Furthermore, although
these compounds are mostly as a result of industrial activities, winds often drag pollution from
the industrial areas across our cities. Despite these compounds’ toxic nature and their negative
impact to our health, these compounds are not regulated in our Kenyan legal framework.45
Air quality data is vital in curbing air pollution and in Kenya as in most developed countries,
there is the false belief that there is no air pollution or that air pollution is limited to countries
such as India or China due to the lack of air quality data.46Therefore, Air Quality data obtained
can serve various applications among them being raising awareness and bringing the air
pollution problem to the vanguard. To this end, Srinivas Devarakonda, Parveen Sevusu,
Hongzhang Liu, Ruilin Liu, Liviu Iftode, and Badri Nath note that there are gaps in ground-
based networks of air pollution monitors hence the necessity to obtain fine-grained air quality
data.47 According to them, mobile sensors achieve this goal as these sensors can highlight the
hazards posed to inter alia school children by their exposure to diesel pollutants that can be
carcinogens and a cause of respiratory illnesses.
1.9. Methodology
The primary research methodology that shall be relied on in this study is doctrinal research
coupled with analytical legal approaches. This study shall also rely on secondary data
focusing on environmental practices that defeat and reduce air pollution. In specific this
study will employ the constitution of Kenya, various international treaties and conventions
including the Long-Range Transboundary Air- Pollution convention, air pollution
regulations in Kenya (2014), the national environmental management policy of Kenya
(2015) and also the Environmental and management co-ordination act (reviewed in 2015). In
addition, this study will also employ relevant articles accessed in scientific journals,
newspaper write-ups on air pollution and environmental management. Lastly, the study will
also employ scientific discussions, debates and documentaries shared on the internet
including TED talks.
45
46
47
Devarakonda S, Sevusu P, Liu H, Liu R, Iftode L and Nath B, Real-time Air Quality Monitoring Through
Mobile Sensing in Metropolitan Areas, 7, 2013.
12
1.10. Chapter breakdown
Chapter one is the introductory part of this study and lays out the design that the study adopts
including inter alia aspects such as the background, hypothesis, and preliminary literature
review. Chapter 2 assesses the effectiveness of air quality monitoring regulations and
compliance of such regulations. Chapter 3 will then assess the extent to which Kenyan
environmental law protects against the impacts of urban sprawl on the quality of air in the city
of Nairobi. This chapter will also show the need to utilize behavioral changes and incentives
to curb the air pollution resulting from this massive sprawl.
Chapter 4 will proceed to assess the extent to which Kenyan law protects against the open
burning of waste in the city of Nairobi. This chapter will also assess ways to improve the
waste management systems in Nairobi in order to improve the quality of air in the city. Lastly,
chapter 5 will conclude the study and provide recommendations to improve the monitoring
legal framework of air pollutants in Kenya.
13
CHAPTER 2
2.1 INTRODUCTION
This chapter will consider the state of assessment, reporting and implementation of air
pollution laws in Nairobi in two major limbs. Firstly, the chapter will consider the current
state of the implementation of the above measures on air pollution in Nairobi. This will be
done in to provide a background into this arena before embarking on the second limb of the
chapter. The second limb of the chapter will focus on an analysis of the existing legislation
and institutions on the monitoring, reporting and implementation of air pollution laws in
Nairobi. It shall be posited that despite the current measures in place being sound, their
effectiveness is to a large extent undermined by the lack of implementation of these
measures. To this end, the chapter also focuses on the existing institutions responsible for the
implementation of such measures in a bid to reveal that these institutions at present have
fallen short or lack a framework for implementation of existing measures to curb air
pollution.
2.2. The current State of Assessing, Reporting and Implementation of Air Pollution laws
in Nairobi
To commence any in depth look into technical areas such as the focus of this chapter on the
monitoring and assessment of air pollution in the city of Nairobi, it is prudent to begin with
the definition of certain terms. To this end, monitoring of air pollutants is any periodic or
continuous surveillance or testing to determine the level of compliance with statutory
requirements or pollutant levels in various media or in humans, animals and other living
things.48 This section will focus the extent to which pursuant to the above definition, the level
of compliance with statutory requirements of monitoring, assessment and reporting of air
pollutants is in Nairobi. The rationale for such an undertaking is due to the importance
monitoring, assessment and reporting of air pollutants have on tackling the air pollution
problem in the city.
Another reason for the focus of this chapter on the monitoring, assessment and
implementation of Air Quality regulations in the city of Nairobi is that there is a lack of long-
term air quality monitoring in the city. 49 Consequently, the concentration and sources of air
48
Regulation 2, Air Regulations, 2014.
49
D Francis, G Michael, N David, P Alexander and B Rhiannon, Airborne particulate matter monitoring in
Kenya using calibrated low-cost sensors, 2, 2018.
14
pollution is not properly understood hence hindering any efforts towards tackling this
problem. Additionally, due to the lack of long-term monitoring of air pollutants, there is
decreased awareness of the issue and its impacts on our health. As a result, many people
Nairobi are simply unaware of this silent yet deadly killer in our city or are indifferent. This
reality is a documented characteristic of many middle- and low-income countries such as
Kenya where ninety two percent of all global Air Pollution related deaths occur.50
Generally, there are three major sources of air pollution in Nairobi that monitoring efforts in
the city ought to focus on. These are the air pollutants from the vehicles in the city and
generally motorized transport. Another source is the air pollution from domestic emissions
that result unsound methods of cooking and illegal methods of waste disposal among other
causes. Lastly is the air pollution from industrial activities such as the industrial area in
Nairobi.
The Nairobi City County government in 2019 formulated an Air Quality Action Plan for the
city geared towards the realization of four major goals.51 The implementation of this plan will
greatly aid in elevating the state of monitoring, assessment and implementation of Air
Pollution laws. The first goal of the action plan is to build scientific evidence and the city
intends on doing this by establishing a monitoring network, building necessary capacities,
establishing air pollution baseline and estimating the health and environmental impacts of air
pollution. The second goal is to build awareness on the impacts of air pollution. This will be
done through developing a communications strategy for disseminating air quality information
to the city and by developing a public participation strategy for air quality management.
The Action Plan also sets the goal to develop control measures to be realized through
developing air quality policy, developing air quality legislation and by developing an
implementation strategy for the existing air quality legislation. Lastly, the Action Plan sets
the goal for effective implementation and enforcement of existing regulations. This will be
done through building capacities of enforcement officers, developing guidance for
implementation, monitoring compliance and lastly by evaluating the performance of the
Action Plan and reinforcing where necessary.
50
D Francis, G Michael, N David, P Alexander and B Rhiannon, Airborne particulate matter monitoring in
Kenya using calibrated low-cost sensors, 2, 2018.
51
Nairobi City County, Air Quality Action Plan (2019-2023).
15
2.3 Existing Environmental Legislation and Institutions on monitoring, reporting and
implementing of Air Pollution laws in Nairobi
a) Existing Legislations on the monitoring, reporting and implementation of Air
Pollution Laws in Nairobi
2.3.1 Constitution of Kenya 2010.

As the supreme law of the land, the Constitution 2010 is the starting point for all measures
regarding the monitoring, reporting and implementation of air pollution laws in Nairobi. To
this end, the constitution guarantees all persons in Nairobi the right to a clean and healthy
environment including clean air which is dependent on the effectiveness of monitoring and
implementation of air quality laws in the city.52 This right includes the right to have the
environment protected for the benefit of present and future generations through legislative
and other measures.
The measures alluded to in Article 42 of the constitution are the measures contemplated in
Article 69 of the constitution. This Article obligates the State to eliminate processes and
activities that are likely to endanger the environment, specifically the quality of Air in this
chapter.53 The term elimination refers to removing or getting rid of something, in this case,
processes and activities dangerous to the environment. Needless to say, the state will not be
able to eliminate any such processes and activities if there exist no effective monitoring and
assessment of any processes and activities that result in the degradation of quality of air we
breathe.
2.3.2 Environmental Management and Co-ordination Act and NEMA

This is the eminent legislation enacted in 1999 and amended in 2015 to be harmonious with
the Constitution 2010. This legislation is geared towards the protection and management of
the environment. Particularly, the Act gives effect to the entitlement to a clean and healthy
environment by imposing a duty to safeguard and enhance the environment on every
person.54 This section empowers any person alleging that the right to a clean and healthy
environment has been or being denied, violated infringed or threatened to apply to the
Environment and Land Court (ELC) for redress.55 Additionally, the Act establishes the
National Management Environment Authority which is tasked with being the principal
52
53
54
Section 3, Environmental Management and Co-ordination Act (Act No.8 of 1999).
55
Isaiah Luyara and others v National Management Environmental Authority and others (2019) eKLR.
16
instrument of government in the implementation of all policies relating to the environment.56
To this end, the assessment, monitoring and reporting of air pollutants and compliance with
measures against air pollution falls primarily on the Authority. The Authority has a primary
role in the elimination of processes and activities that endanger the environment as the Act
imposes specific roles on the Authority in relation to preventing among other environmental
pollutants, air pollution.57 Additionally, it was stated in Martin Osano Rabera & Another v
Municipal Council of Nakuru & 2 others, the obligation of the Authority goes beyond mere
investigation and prosecutions, the Authority also has a bigger mandate toward the people of
Kenya in the implementation of all policies relating to the environment.58
In Nairobi, the presence of harmful and dangerous activities against the quality of air in the
city are alarming. Household air pollution, illegal burning of waste and pollution from out of
date and old cars are prevalent despite the existing regulations. Regarding these unsound
processes and activities, the Authority must exercise the co-ordination, advisory and technical
support functions with a view to realizing citizen’s right to a clean and healthy environment.
The success of the Authority in this regard will ultimately be seen in how many citizens have
clean and healthy Air. For instance, to curb the prevalent practice of waste burning in the
city, the Authority must take the lead in enforcing the law against such practice by
developing and implementing the policies and strategies for dealing with the disposal and
management of urban waste in a safe manner that does not violate Article 42.59
2.3.3 Air Regulations 2014 and NEMA

The regulations provide for the monitoring of potential pollution from vehicles in the city.
Section 24 of the air quality regulations 2014 make it an obligation for the Authority to
ensure that emissions from all internal combustion engines are monitored in accordance with
the methods set out under the Eleventh Schedule. Of specific focus is vehicular emission
sources in which regard no person shall cause or allow the emission of visible air pollutants
from a stationary or mobile vehicles in excess of the limits set out by the law. The eleventh
schedule of these regulations set out the methods to be utilized to control the emission from
the vehicles in the country.
56
Section 9, Environmental Management and Co-ordination Act (Act No.8 of 1999).
57
58
Martin Osano Rabera and Another v Municipal Council of Nakuru and 2 others (2018) eKLR.
59
17
These regulations formulated by the Authority also provide that no person shall cause or
allow the emission of visible air pollutants from a stationary vehicle in excess of limits set out
in the standards.60 And to this end, vehicle owners who flout the regulations will be penalized
a sum of Kshs. 500,000 fine or 6 months in jail or both. 61 Additionally, according to the
regulations, all private and public vehicles are to undergo emission tests annually. 62 Private
vehicles that are over five years old must undergo the tests once every two years.63
According to the current regulations, vehicles in the city of Nairobi or anywhere else in
Kenya for that matter are required not to release visible fumes from their exhaust pipes or
they will be forced off the road.64 Furthermore, according to the regulations, the Authority
can order at any time for a vehicle to be inspected upon the release of visible exhaust
emissions.65 Lastly, according to the regulations, the Authority can order at any time for a
vehicle to be inspected upon the release of visible exhaust emissions.66
The persons responsible for the inspection of vehicles are authorized inspectors only with the
requisite qualifications. The minimum qualifications for such persons are four distinct
qualifications to ensure competent and effective personnel. 67 These are firstly, a higher
diploma in motor vehicle engineering or an equivalent diploma of the same. Other
qualifications include a qualification in an inspection course, such personnel not having an
experience of less than five years in the motor industry and lastly a valid driving license. Of
specific focus to this chapter is the inspection of vehicles with regards to the environment,
more specifically, the Quality of Air in the city.
To this end, the authorized personnel above qualified to inspect vehicles carry out the
following with regards to protection of the quality of air in the city. They carry out a visual
inspection of all vehicles by checking whether the exhaust of a car emits dense blue or clearly
visible black smoke. If there is the presence of dense blue or clearly visible black smoke from
a vehicle, such a vehicle is deemed road unworthy and is not given the opportunity to grace
the roads of Nairobi.
60
Air Regulations 2014.
61
62
63
64
65
66
67
Kenya Bureau of Standards, Code of practice for inspection of road vehicles, 2, 2000.
18
However, despite the above, it is allowed in exceptional cases according to the standards set
for vehicles manufactured before 1960 to have such emissions from their exhaust pipes
mainly due to unavoidable engine design. The standard emission test is also utilized by the
vehicle inspectors with regards to the protection of the quality of air in the city. Here, the
authorized personnel test the concentration of carbon monoxide, CO, in which case it shall
not exceed a volume of 0.5 percent and the hydrocarbons concentrations from the exhaust
pipes of vehicles should not exceed a volume of 0.12 percent or 1200 ppm.
b) Existing Institutions on the monitoring, reporting and implementation of Air

Pollution Laws in Nairobi
2.3.4 Ministry of Environment and Forestry

The ministry has in 2015 done commendable actions in combatting the air pollution that
poses a long-term health risk to many of the residents in Nairobi. To mitigate these health
risks, the Cabinet Secretary oversaw the inauguration of Air Quality Monitoring Equipment
developed by the United Nations Environment Programme (UNEP). 68 These new air quality
devices will aid in providing real time monitoring of air pollution in the city to aid in the
development of relevant policy and guidelines.
However, the above initiatives have been uncoordinated and ineffective in providing long
term data. Further investments and prioritization is necessary in building a more efficient
monitoring network for air quality in the city.
2.3.5 National Environmental Management Authority – enforcement

As mentioned above, the National Environmental Management Authority is the primary
Authority in Kenya tasked with being the principal instrument of government in the
implementation of all policies and laws relating to the environment. The Authority is
established under section 7 of the Environmental Management and Coordination Act of 1999
amended in 2015.69 It is headquartered at the very heart of the country’s capital, Nairobi
pursuant to section 8 of the Act. 70 Additionally, the Authority is also tasked with several
objectives that are geared towards the general supervision and co-ordination over all matters
relating to the environment including the pollution of quality ambient air in Nairobi.71
68
Ministry of Environment and Forestry, Real Time Air Pollution Monitoring Launched, 2015.
69
Section 7(1), Environmental Management and Co-ordination Act (Act No. 8 of 1999).
70
71
19
Particularly, and relevant to the focus of this chapter on the extent to which the existing laws
and institutions of the city of Nairobi are effective in the monitoring and implementation of
such laws on air pollution, the Authority has the following objective. The Authority must
undertake and coordinate research, investigate and conduct surveys in the field of
environment, the quality of ambient air in the city. Additionally, the Authority must collect,
collate and disseminate this information derived from conducting such surveys and
research.72 This objective is pursuant to the Authority’s primary role in the elimination of
processes and activities that endanger the environment.73
However, as evident from the prevalence of the myriad processes and activities that endanger
our environment, particularly the quality of air in Nairobi such as the open burning of solid
waste, the Authority has not been effective in this regard. This is mainly due to the lack of a
coherent air quality monitoring network in Kenya. Therefore, the Authority ought to properly
incorporate existing models of Air Quality monitoring networks such as the one developed by
the Green Climate Fund in 2018 in order to develop timely and high air quality data. 74 The
reason for incorporating such a monitoring network is mainly due to the fact that Kenya’s
current air quality monitoring network is limited with hindrances to investments in
infrastructure to aid in data collection which is key for curbing air pollution.
Therefore, this programmed provides that it should be implemented in Kenya through

adopting a public private partnership with the company Safaricom which is the largest mobile
telecommunications company in Kenya. The program’s base transmission stations must also
be distributed in all counties in Kenya including Nairobi County. The crux of this program is
to utilize the above base transmission stations to host air quality sensors that will aid in the
relaying of real time data to the Authority through the use of mobile communications
technology.75
To this end, this program that is geared towards the removal of barriers to air quality
monitoring, reporting and compliance of existing laws and regulations, has four major
components. Firstly is the focus on the establishment of Air Quality monitoring infrastructure
72
Section 9(h), Environmental Management and Co-ordination Act (Act No. 8 of 1999).
73
74
Green Climate Fund, Concept Note, Air Quality Monitoring Network in Kenya, 3, 2018.
75
20
which will be done through the deployment and installment of air quality sensors through the
existing base transmission stations. Additionally and importantly, there will also be the
installation of telecommunication gadgets in order to relay this much needed data in the city
to the Authority. Lastly, in order to realize the capture, analysis and dissemination of
information collected, there will be the installation of servers in a designated server
laboratory.76
Secondly, to the implementation of this program geared towards elevating the extent of
monitoring and compliance of Air Quality regulations in Nairobi and generally Kenya, there
will be capacity building and institutional strengthening. This is due the fact that financial
and human resources are indispensable to the monitoring and enforcement of Air Quality
regulation in Nairobi and is one of the objectives of the Authority. 77 To this end, to improve
human and technical capacities in this regard, trainings and infrastructure development will
be conducted to realize this program. This will include the development of institutional and
operational to procedures to improve the monitoring and assessment of air pollution in
Nairobi.78
The third component of the program is geared towards compliance and enforcement of
existing air quality regulations. This entails focus on matters related to the licensing and
compliance assistance promotions which are the purview of the Authority. To this end,
identified pollution hotspots will be targeted in a bid to deploy appropriate mitigation
intervention in this regard. Lastly, the program will focus on the data and knowledge
management necessary for sound decision making. This entails dealing with the operations of
the air quality monitoring network including the management of the data and databases and
interpretations necessary for the formulation of policies and strategies to curb Air Pollution.
2.3.5 Kenya Meteorological Department – ambient air quality monitoring

This institution has also aided in the monitoring of air quality in Nairobi by working closely
with the Ministry of Environment and Forestry. It has overseen the installation of about fifty
monitoring units in many parts of Kenya. Prior to this, the institution was also operating its
own mobile air quality monitoring unit with some stations also being at Jomo Kenyatta
International Airport and Chiromo near the central business district alongside the Global
76
77
Section 9(i), Environmental Management and Co-ordination Act (Act No. 8 of 1999).
78
21
Atmospheric Watch station at Mt. Kenya.79
Although the above actions and initiatives are commendable, the goal is to develop long term
spatial data on air pollution, they are uncoordinated. To this end, a cogent monitoring
network needs to be developed to provide further basis for informed decisions and to also
create jobs.
2.4. Lessons from the Owino Uhuru Pollution Incident in Kenya: A CASE STUDY
This section will focus on the experience of the residents of Owino Uhuru which is an
informal settlement in Kenya. Between the years 2007 to 2014, the residents of this
settlement experienced among other environmental degradation the deterioration of quality
air in their residential area. During these years, a company that is now defunct called Metal
Refineries Limited run its operations in the area and caused egregious environmental
pollution. Consequently, a class action suit was filed on behalf of the residents of Owino
Uhuru in 2016 based on the violation of their environmental rights including the right to
clean and healthy air the right to life guaranteed by the Constitution. This case study is
utilized in this chapter to highlight the reality in Kenya that despite the existing regulations
and laws such as in the above sections, there is a gap between the rights guaranteed by the
law and the experience of many Kenyans including residents in Nairobi.80
The crux of this case study is that in addition to the substantive rights that guarantee and
entitlement of the protection of among other environmental rights, the right to clean and
healthy air, the importance of procedural and participatory rights cannot be understated.
Procedural and participation rights are key in the realization of the substantial rights.
Additionally, public participation is a two-step process that provides persons likely to be
affected by processes and activities dangerous to the quality of air they breathe, to be
informed of such threats to their health. In this case study, the residents of this area were not
awarded the opportunity to submit comments on the environmental impact assessment carried
out to allow them to raise concerns and receive feedback on the same. 81 Consequently, the
residents of this area were exposed to air pollution and the activities of the company exposed
79
Ministry of Environment and Forestry, Real Time Air Pollution Monitoring Launched, 2015.
80
M Rosemary, Toxic Spaces, Community Voices, and the Promise of Environmental Human Rights: Lesson on
the Owino Uhuru Pollution Incident in Kenya, 1, 2020.
81
22
them to immediate proximity to pollution sources the threaten their right to clean and healthy
air in violation of also their right to housing.
However, despite the existence of the above threats and violations of substantive rights to
clean and healthy air of the residents of this area, the Authority and relevant public officials
failed in their duty to take decisive action to curb the dangerous processes and activities of
the company in violation of its duties in the constitution. 82 Therefore, as a result of the
occurrence of such a complete disregard of existing regulations and obligations towards the
realization of clean and healthy air lead among others, one Ms. Rosemary to observe that no
matter how extensive the regulation on the monitoring and compliance to the regulations, the
reality is often different as these measures are not effectively realized.83
The above observation was evident from the ongoing pollution that occurred for so many
years in the area of Owino Uhuru. Additionally, despite the neglect and disregard of its
obligations in this case, the state exercised its right to appeal at the danger of creating a
situation where the residents of this area face even further pollution from the processes and
activities of the company whilst awaiting the conclusion of the matter in court. 84 This is again
in direct violation of the State’s duty in eliminating all processes and activities that can
endanger the environment and realization of the right to clean and healthy air.
Following the findings of the above case study, it is evident that although there exist at
present, laws and regulations on the monitoring, assessment and compliance of Air Quality
legislation, the State itself can sometimes be perpetrators themselves. This occurs when the
state and its institutions such as the Authority disregard and violate their obligations to
eliminate all processes and activities that endanger the quality of air we breathe in the city of
Nairobi. To realize this obligation, a cogent monitoring network and adherence to available
data pursuant to the regulations is necessary. Lastly, and as highlighted by this case study, it
is not sufficient to merely monitor and assess potentially dangerous processes and activities
to our air, such efforts must be complemented by providing such relevant information to the
public to ensure public participation and involvement of the public in decision making. Had
82
83
84
23
the Authority and generally the State included the residents of Owino Uhuru regarding the
potential dangers of the company’s activities, such pollution could have been controlled or
residents could even move from those areas to protect their health.
2.5. CONCLUSION AND RECOMMENDATIONS
The analysis and discussion on the existing laws on air pollution yielded that there exist
sound and effective measures to curb air pollution in Nairobi. These include the constitution
of Kenya articles, provisions in parliament legislations such as the air regulations 2014 and
the Environmental Management and Co-ordination Act. Particularly, the state is responsible
for devising relevant measures to eliminate any processes and activities that pollute the air
that we breathe in. additionally, the EMCA Act establishes the National Environmental
Management Authority to facilitate for the realization of the state’s obligation to deter any
processes or activities that are harmful to the environment. Lastly, the Air Regulations 2014
heavily provides for the curbing of mobile vehicular emissions by ensuring that the vehicles
abide to prescribed standards of emissions.
However, as revealed in the body of this chapter, despite the existing regulations, the problem
of air pollution lies not in the lack of measures on the same but on the institutions responsible
for the implementation of such measures. It is clear that the institutions particularly NEMA
ought to adopt and incorporate existing air quality frameworks to facilitate for the
implementation of existing measures. One such framework utilized in this chapter is Air
Quality Monitoring Network developed by the Green Climate Fund in 2018. 85 Incorporation
of such existing frameworks for implementation will aid in removing current hindrances to
investment and infrastructure. This is key for effective implementation of the existing
regulations.
CHAPTER 3
85
24
3.1. INTRODUCTION
Air Pollution is already a major killer in Nairobi and around the globe. However other factors
exacerbate an already dangerous and prevalent problem. One such other factor that
exacerbates the problem of air pollution in Nairobi is urban sprawl. To this end, this chapter
will analyze the status of urban sprawl in Nairobi and then proceed onto examining the
existing environmental legislation on urban sprawl. This chapter posits that there exist a lack
of a coherent urban planning framework in Nairobi. Additionally, the already existing urban
development plans are disregarded and not implemented hence causing urban sprawl which
indirectly affects the quality of air in the city. To this end, the chapter will analyze the
implementation of such laws in a bid to change recourse and measures on curbing air
pollution.
3.2.1. The status quo of urban sprawl and its effects on the quality of air in the city of
Nairobi
Urban sprawl refers to an avoidable and infamous phenomenon that plagues countries with
poor urban planning or the majority of the developments in the country are done so, with
abysmal disregard for urban planning laws.86 Urban sprawl is characterized by the fast spread
of a city or its neighboring suburbs. It is also characterized by the construction of residential
and commercial buildings on otherwise undeveloped land in the outskirts of the planned
settlements.87 Kenya is one such country plagued by the inherent negative characteristics of
urban sprawl. The country either lacks urban planning laws or the framework and
implementation of such laws are naught or uncoordinated at best.88
It is however important to distinguish urban sprawl and urbanization where the former is
characterized by the above but the latter is an irreversible and global phenomenon that is
characterized by the mere although planned increase in population in urban centers.
Urbanization also brings with it excessive changes in the use of land and buildings and is
characterized as positive development.89 However, urbanization only becomes a hindrance to
development and the environment, of special focus for this thesis, Air Quality, when there
exist no available urban planning legal mechanisms for managing the fast spread of a city or a
86
M John, The Role of Law in Urban Planning in Kenya: Towards Norms of Good Urban Governance, 1, 2015.
87
https://www.urbangateway.org/document/rapid-urban-sprawl-nairobi.
88
89
25
country and its accompanying challenges.
The above hindrance is the situation in the capital city of Kenya that is Nairobi. The city once
known as the green city for its blessed landscapes that include natural forests, labyrinthine
riverine ecosystems, and wetlands is now plagued with the loss of forests and degradation of
its environment mainly due to the uncontrolled and mismanaged urban growth.90 The city
now is home to approximately eight percent of Kenya’s population although it only covers
0.1 percent of the country’s total surface area. Furthermore, even in the city of Nairobi where
eight percent of the country’s population live, the urban settlement and development is short
of atrocious as the poorest sixty percent of the people in Nairobi live on only live on only 8.7
percent of the city’s land and mostly in informal settlement such as Kibera.91
Additionally, according to one Mr. John, urban sprawl continues to be a problem that
endangers the health of the city’s inhabitants mainly due to the following. Firstly, although
the country of Kenya has the requisite and necessary laws to regulate urban planning, the
institutions charged with this responsibility, that is the planning of cities, controlling land use
and development have not performed to the required standard to combat urban sprawl.
Secondly, whereas the legal framework on urban planning in a country ought to be
characterized by cooperation and coordination in the planning of the country’s terrain and
development, the existing legal framework on urban planning is one that seems to foster
conflict and unnecessary competition in the public sphere.92
The above leads to the unfortunate weakening of the planning abilities of the county
governments such as the Nairobi City County Government. Lastly, is that in addition to the
existing regulation, appropriate regulation and more stringent enforcement mechanisms are
needed to bring about effective compliance with the urban physical planning laws. 93 Such
situations specifically in the city of Nairobi that is plagued by urban sprawl leads to the high
risk of ambient air pollution which is further exacerbated by other factors such as the
infamous traffic in the city.
The challenges of urban sprawl are exacerbated by among other factors the trademark traffic
90
https://na.unep.net/atlas/kenya/downloads/chapters/kenya_screen_chapter5-end.pdf.
91
92
93
26
in the city as mentioned above. With the increase of urban sprawl and its mere existence in
the city comes with it an increase in the number of vehicles on the city’s roads. Nairobi as
such is now considered one of the world’s most congested cities with the number of vehicles
in the city of Nairobi rising from 2 million vehicles to 3 million vehicles in just four years. 94
This is an astonishing 49% rise of the vehicles in the city in just under four years.
3.2.2. Traffic Pollution in the city of Nairobi as a result of Urban Sprawl

From the onset, and as mentioned above in this chapter, according to research, congestion
and the ensuing traffic from such congestion, is one of the largest contributors to air pollution
in cities.95 This is even more so, in cities where urban sprawl is a prevalent and glaring issue
such as in the city of Nairobi. The city of Nairobi is further characterized by a large mass of
urban poor people who occupy only a small portion of the city increasing the need for these
persons to travel far and wide into the city for their respective jobs and occupations. This
need to commute to respective jobs coupled with the undesirability and inconvenience of
non-motorized transport such as walking and bicycling leads to the further degradation of the
city’s ambient air as a result of the number of vehicles and the ensuing air pollution from
such vehicles.
The impacts of the utilization of motorized vehicles by the vast majority of the inhabitants of
the city of Nairobi is evident from the congestion, accidents, community severance and
pollution that plagues the city. Moreover, transport which is an indispensable necessity to
most of the urban poor given the need to get to their jobs and occupations on time and how
far they live from such occupations remains the highest contributor to urban air pollution.
Such impact is more evident and prevalent at roadside locations from the evident pollution
ensuing from the motorized vehicles.96 As such, there is the need to combat urban sprawl and
bolster urban planning to alleviate the air pollution that accompanies urban sprawl which
endangers the lives of Nairobi inhabitants.
3.2.3. Indoor Air Pollution as a result of Urban Sprawl

Similarly to the air pollution that results from the increase of motorized vehicles that is a
leading cause of air pollution in the city, household air pollution is yet another threat to the
94
https://theconversation.com/some-softer-solutions-to-nairobis-traffic-pollution-problem-117676.
95
R Fiona, T Miles and D Francis, Traffic Pollution: A search for solutions for a city like Nairobi, 1, 2018.
96
R Fiona, T Miles and D Francis, Traffic Pollution: A search for solutions for a city like Nairobi, 2, 2018.
27
ambient air in the city of Nairobi. Household air pollution is one the leading causes of
premature deaths and respiratory diseases in the city with the issue more prevalent in the
informal settlements such as Kibera.97 Moreover, this threat to the quality of air in our city
and consequently on the health of the inhabitants of Nairobi is worsened by the lack of a
regulatory framework and government budgets on this threat.98
The challenge of Household Air Pollution stems from among other causes, from urban sprawl
and the types of fuels that persons in these mismanaged urban areas utilize for their cooking
and other needs. Household air pollution is not a novel challenge in contemporary times
however, this problem is exacerbated due to overpopulation and uncontrolled urbanization.
This issue is also worsened when there exist social disparities such as in the city of Nairobi
where, as mentioned above, a large portion, sixty percent of the population of the city live on
8.7 percent of the city’s terrain.99 The reason for this is abundantly clear as it is very well
known and as is the case actually, that the reason sixty percent of the city live in these small
parts of the city is because these persons’ resources are not so abundant.
Therefore, we see the utilization of fuels such as wood fuel or solid fuel for cooking in the
homes of the most urban poor in Nairobi. Other sources of fuel are also utilized including
animal dung, charcoal, crop waste and coal burnt in inefficient and highly polluting stoves for
cooking and heating. This practice of cooking which stems from the low income of the mass
poor in Nairobi, exposes the majority of the city’s population to degraded ambient air and air
pollution in their very homes. As is the case in many of the households in the urban poor in
Nairobi, the women are ones that undergo the activity of cooking mostly. As such, women in
these households remain at the highest risk of indoor air pollution as they are the ones that
spend the longest times in the households hence more exposure.100 Children are another group
of persons that are the highest risk of household indoor air pollution as they also stay indoors
for longer periods than other groups.
97
K Dianati, N Zimmermann, J Milner, K Munidi, A Ezeh, M Chege, B Mberu, C Kyobutungi, H Fletcher, P
Wilkinson and M Davies, Household air pollution in Nairobi’s slums: A long-term policy evaluation using
participatory system dynamics, 1, 2019.
98
99
M ioannis, S Elisavet, S Agathangelos and B Eugenia, Environmental and Health Impacts of Air Pollution: A
review, 2, 2020.
100
review, 2, 2020.
28
As such, household air pollution is one of the top ten risk factors for deaths in Kenya with the
Word Health Organization estimating in 2016 that 15,140 Kenyans unfortunately die
annually in the country. Additionally, the ministry of health in 2020 reported that 23, 000
Kenyans died as a result of household air pollution, an alarming figure for an unavoidable
threat.101 It is also estimated that a whopping 80% of urban household in Kenya rely on
charcoal for their wood-fuel needs.102 With this said, it is also important to note the actions
taken by the Kenyan government in addressing this pressing issue that is endangering the
lives of a vast majority of the Kenyan people.
To this end, the government through vision 2030 has made it a goal to grow access to
electricity in rural areas and in poor urban settlements to approximately forty percent by
2024.103 Other actions taken by the government include the promotion of adoption of clean
cooking stoves, promotion of adoption of clean and efficient cooking stoves, minimum
packaging of LPG containers reduced to one kilogram. The government has also subsidized
the cost of miniature burners and lighting systems in order to increase access and lastly is the
promotion of solar home heating and lighting systems which would greatly reduce the
impacts urban sprawl has on the quality of air inside our homes.
However, despite the efforts by the governments to take certain measures with regards to
indoor air pollution such as the above on subsidizing the cost of miniature burners and
lighting systems, there has been minimal positive changes. This is evidenced by the number
of deaths that have ensued as a result of the prevalent indoor air pollution in the country and
especially in the city of Nairobi. As mentioned above, according to the ministry of health, an
alarming 23,000 Kenyans died as a result of household air pollution even exceeding the
estimates of the World Health Organization in 2016.
It is therefore evident that further action ought to be taken by the relevant authorities and laws
and policies formulated to realize the right to a clean and healthy environment to citizens that
the supreme law of the land, the Constitution 2010 guarantees. 104 The Constitution also
guarantees the right to quality environment which indoor air pollution threatens.105
101
https://www.health.go.ke/empowering-communities-to-reduce-household-air-pollution/
102
United Nations Environmental Programme, Kenya Air Quality Catalogue, 3, 2015.
103
104
105
29
Additionally, and at the crux of this problem of indoor air pollution that is prevalent in the
urban poor spaces, the Constitution grants every person the freedom to reside anywhere in the
country. As such, the quality of the air in the spaces of the urban poor such as Kibera must
also be adequate, clean and healthy pursuant to the Constitution.
Moreover, the right to a quality environment includes the right to a sustainably managed
environment for present and future generations through various mechanism such as laws and
improvement of infrastructure. To this end, focus on combatting this issue of indoor air
pollution also ought to be on the masses of the urban poor in Nairobi where 60% of Nairobi
residents live. The Nairobi City County government to this end, ought to adequately manage
the environment of the city through stringent and more effective urban planning and air
quality laws. Lastly the County government must also invest in the improvement of
infrastructure in the city to further curb the prevalent problem of indoor air pollution.
Therefore, this thesis recommends that among other actions, Kenya should learn from what
countries with low numbers of household air pollution have done regarding this very issue of
indoor air pollution. These measures must also implemented with a pro-poor approach as it is
very clear the group of persons who are most affected by the effects of indoor air pollution
from urban sprawl. To this end, France presents a cogent and noteworthy example of a
country that is keen on tackling this challenge from urban sprawl. France in 2010
implemented a plan of targeted interventions by enacting the legislation no. 2010-788 in July
of that year. This legislation is continuously updated to increase the appropriateness of the
measures so imposed by the legislation.106
This piece of law, law no. 2010-788 in addition to being updated continuously with the last
update being in 2016, establishes the obligation of periodic monitoring of the air quality in
confined spaces.107 The legislation also places a responsibility on the owners of buildings or
occupants of such buildings. Notably, the legislation is to be implemented gradually which is
practical and feasible and results in the reduction of the emission of air pollutants in indoor
spaces. It commences implantation of this legislation in indoor areas such as leisure centers,
swimming pools, health facilities, social services and nurseries with children under the age of
106
S Gaetano, M Maurizio, A Pasquale, Indoor Air Quality: A Focus on the European Legislation and State-of-
the-Art Research in Italy, 8, 2020.
107
30
six. Nairobi could greatly benefit from such measures as in most places such as Kibera where
sixty percent of Nairobians live, leisure areas such as drinking dens and nurseries often have
stands where street food is sold and the major source of fuel is literally anything ranging from
animal dung, charcoal to crop waste.
The legislation, law no. 2010-788 also provides for monitoring of the air quality in other
indoor spaces such as elementary education institutions, juvenile detention facilities and for
first- and second-degree education vocational training institutions as of 1 January 2020. The
legislation concludes with the aim from 1 January 2023 to eb that monitoring of all indoor
spaces is undertaken by owners and occupants of such indoor spaces.
The above measures and legislation provide a way forward for the city of Nairobi where
household air pollution especially in the spaces of the urban poor has claimed many lives,
prematurely at that. Similarly, the Nairobi city Assembly pursuant to its mandate in the
constitution can legislate similar laws and regulations where the pressing issue of household
air pollution can be dealt with systematically as above and with strict timelines. It is
important to note that such measures will take political willingness and for the necessary
budgets and funds to be allocated to monitoring equipment in a bid to hinder the effects of air
pollution.
3.3. Environmental legislation on urban sprawl, air pollution and Adequacy of the
legislation in curbing the impact of Urban Sprawl
3.3.1. Urban Areas and Cities Act and The County Governments Act
The lack of effective land use planning in a city such as Nairobi coupled with a lack of
effective public transport in the city leads to the increase of vehicle ownership and
consequent congestion. These factors as discussed above lead to air pollution especially in
roadside areas in the city where heavy activities of traffic congestion take place and
consequently heavy emission of air pollutants from the vehicles in these areas. Nairobi
already suffers from alarming and lethal air pollution and the lack of urban planning or weak
implementation of urban planning laws will only exacerbate an already huge problem in the
country.
This problem is further worsened due to the little information that exists on the level of
31
particulate air pollutants in the places where a large mass of the urban poor in Nairobi live. 108
Air pollutants in these areas such as Fine particulate matter resulting from cars fuel
consumption leads to negative effects on our health coupled with the data gap that exists
exacerbates the problem. This is because the ability of the authorities to carry out health
impact assessments and to develop cost-effective strategies is heavily curtailed.109
Based on the issues stated above, it is evident that there exist a lack of proper implementation
of existing laws on urban planning and convincing leadership with regards to urban planning
in the city.110 Additionally, although informal settlements such as Kibera have been a
characteristic of the city of Nairobi since its inception, recent unplanned developments which
has led to increased traffic pollution and household air pollution among other environmental
degradations are as a result of both explicit government policy and years of bureaucratic
indifference.111 This is also coupled with the lack of know-how or unwillingness on the city
authorities to plan effectively in addition to their responsibility of effectively enforcing urban
planning and land laws to avoid urban sprawl and its accompanying negative effects.
Kenya has nonetheless enacted legislations to govern and manage urban development and
planning. The Constitution provides that there must be an enactment of national legislation to
provide for the governance and management of urban areas.112 To this end, the parliament in
2011 enacted the County Governments Act113 and the Urban Areas and Cities Act.114
Additionally the fourth schedule of the Constitution imposes the responsibility of urban
planning among other functions on County governments. Therefore, the Nairobi City
Government has the responsibility of eliminating the issue of urban sprawl and the
consequent problems that this issue raises especially on traffic pollution and Indoor Air
Pollution.
The above schedule of the Constitution places the responsibility of many elements of
108
M John, The Role of Law in Urban Planning in Kenya: Towards Norms of Good Urban Governance, 48,
2015.
109
2015.
110
M David, The Challenges of Infrastructure Planning In Urban Slums: Case Study of Kosovo, Mathare 4b,
And Gitathuru Slums In Mathare Valley, 32, 2013.
111
2015.
112
Article 184(1), Constitution of Kenya (2010).
113
Section 2, County Governments Act (Act No. 17 of 2012).
114
Section 2, Urban Areas and Cities Act (Act No. 13 of 2011).
32
development planning on the national and county governments. As such, the Nairobi City
government has the function of county planning and development, land survey and mapping.
The Urban Areas Act also establishes the principles of governance and management.
Despite the above legislations enacted by the government, it is evident that the above has not
been effective in fully managing the urban terrain in Nairobi. As mentioned above again,
sixty percent of the city’s population lives on only 8.7% of the city which reflects a complete
disregard for the present laws and responsibilities that the law imposes on the relevant
persons and authorities. Firstly, (weaknesses in the urban planning in Nairobi or Kenya at
large).
3.3.2. Environmental Management and Co-ordination Act

This is a piece of legislation that was enacted in 1999 but was reviewed in 2015 to be in
compliance with the Constitution 2010. The legislation provides for the establishment of an
appropriate legal and institutional framework for the management of the environment. To this
end, the Act establishes two main institutions in order to effectively manage the environment.
This legislation establishes the National Environment and Management Authority, NEMA
and the National Environment Council, NEC. The former institution has the role of
supervising and coordinating all matters relating to the environment in addition to the overall
implementation of the Act.115 The latter institution has the responsibility of formulating
policies, setting national goals, and lastly promoting cooperation among the stakeholders in
this realm.
This act with regards to urban development to ensure healthy and quality ambient air among
other environmental concerns imposes certain requirements on parties involved. The act
requires that development plans include the preparation of participatory National
Environment Plans that have sectorial coordination. Additionally, the Act requires that
environmental impact assessments are carried out for all development projects that may have
adverse effects on our environment and the quality of air in the city. As for completed
projects, this piece of legislation requires that annual environmental audits are carried with
clear mitigation orders.
However, as evident from the prevalence of the problems of indoor air pollution and traffic
pollution discussed in this chapter, the vast majority of the urban areas in the city of Nairobi
and Kenya at large continue to face degradation of ambient air in the city.
115
33
3.3.3. Air Quality Regulations, 2014.
This legislation was enacted in 2014 by the cabinet secretary in line with his mandate to issue
relevant and appropriate regulations to preserve and manage the environment, the quality of
our air in this case. At the crux of this regulation is to ensure that the country has clean air
and the Act is meant to meet this objective by improving and advancing the existing air
pollution control measures. Notably, the regulations define the term ambient air as the
ambiance surrounding the earth but does not include in this definition the atmosphere within
any underground space.116 Defining this term is key in easing the cooperation of the various
stakeholders in this arena which is necessary for effective protection of the ambient air in the
country.
This piece of legislation is geared towards the prevention, control and abatement of air
pollution for clean, healthy and ambient air. The legislation prohibits certain forms of
pollution and provides guidelines on the levels of pollution that are permissible as well as
issuing emission licenses. It applies to all internal combustion engines, all premises, places,
processes, operations or works, any other appliances or activities the cabinet secretary so
designates. The legislation also prohibits certain forms of pollution, and provides guidelines
on levels of pollution that are permissible as well as issuing licenses.
Additionally, the regulations provide for both stationary such as buildings and generally
indoor spaces and mobile sources such as moving cars and other forms of transport.
Particularly, the regulations provide for the possible air pollution by the stationary sources. It
provides that there is a general strict ban for all air pollutants listed in the second schedule. 117
Furthermore, the regulations also disincentivize all persons from causing or permitting
emission prioritized as air pollutants under the second schedule to set of excessive ambient
air quality shortfalls described in the first schedule. 118 To this end, pursuant to the regulations,
the emissions from the indoor spaces discussed in this chapter mostly as a result of urban
sprawl and emissions from traffic are prohibited.
Particularly, the regulations provide for measures to combat the air pollution that ensues from
the vehicles in the city which is exacerbated by traffic as a result of among other factors
urban sprawl. To this end, the regulations impose on NEMA the responsibility to monitor
116
Section 2, Air Regulations 2014 (
117
Regulation 14(1)(a), Air Quality Regulations 2014.
118
Regulation 6, Air Quality Regulations 2014.
34
emissions from all internal combustion engines and ensure that there is responsiveness. 119
Furthermore, to combat another issue discussed in this chapter i.e. indoor air pollution, no
person is allowed to emit or cause to emit visible air pollutants from either stationary or
mobile vehicles beyond the prescribed limits. 120 This measure in regulation 25 is in pursuance
to the Environmental Management and Coordination Act which prescribes for emissions rom
motor vehicles and such other sources by providing that no air pollution beyond the
established standards from the above sources.121
Lastly, the regulations in a bid to further combat air pollution from motorized transport which
as discussed as a problem is exacerbated by the trademark traffic in the city of Nairobi
majorly as a result of urban sprawl provides for co-ordination of the relevant authorities to
fully curb pollution from these mobile sources. Specifically, the regulations provide that
NEMA and the responsible agency, Kenya Bureau of Standards shall work together through
motor vehicle inspection or accredited vehicle testing centers to ensure that all commercial
and public vehicles undergo annual emission tests.122
However, despite the above regulations, as is the case in the vast majority of the urban
informal settlements in the city of Nairobi and generally in the city, there exist considerable
air pollution resulting from indoor spaces such as peoples’ homes mostly as a result of
cooking with unsuitable sources of fuel. Similarly, and as a result of urban sprawl and
inefficient transport systems, there is also considerable air pollution result from the trademark
traffic in Nairobi especially in roadside locations where the ambient air is degraded. It is
therefore evident that there is a huge gap in the implementation of these regulations mostly
on the effective and stringent implementation of the regulations resulting from among other
factors weak monitoring systems and equipment in the city.
119
120
121
122
35
3.4. CONCLUSION AND RECOMMENDATIONS
This chapter commenced with a discussion on the current state of urban sprawl in the city of
Nairobi. The discussion yielded that although there exist urban regulations such as the urban
areas and cities Act and the County government Act, implementation of these regulations is
nigh. Particularly, there exists a complete disregard for the existing regulations and where
implementation is done, it is often uncoordinated hence proving ineffective. This chapter also
analyzed the existing regulations on urban sprawl such as the environmental management and
coordination Act which provides that development plans must be accompanied by National
Environmental plans. To this end, the chapter has yielded that such efforts are uncoordinated
at best and in most cases not followed.,
36
CHAPTER 4
4.1. INTRODUCTION
The preceding chapter focused on the effectiveness of monitoring measures, implementation

of such measures of air pollution and the impact of urban sprawl on the quality of air in the
city respectively. This chapter proceeds on this trajectory of studying the sources of air
pollution in a bid to curb it. Waste management is one such area. The chapter commences
with an in depth look into the status of waste management in Nairobi and the effect it has on
air pollution. The chapter then proceeds to analyze the existing laws on waste management
with an air pollution lens. The hypothesis of the chapter is that the status of waste
management in Nairobi is bleak. This exacerbates the air pollution problem in the city by
leading to the rise of more processes and activities that degrade the quality of air in the city.
The chapter concludes with the findings of the study and provides recommendations.
4.2. The Status of Waste Management in Nairobi and its effects on the city’s Air Quality
As covered in the previous chapter, Nairobi is a city characterised by among other factors, the
rapid state of its urbanisation, which results in Urban Sprawl. The City is also notorious for
its waste management practices or lack thereof so to say in most urban areas of Nairobi.
Consequently, the city has experienced a rapid increase in the amount of solid waste it has
produced and at an alarming rate at that. Solid waste is defined is as the biodegradable or
non-biodegradable material and also includes any other material produced by humans and
other animal activities which are of little value and use and are mostly disposed of for this
reason.123
Solid waste also includes all materials from households, non-hazardous solid waste from
industrial, commercial and institutional establishments. It also includes waste from the
markets, yard waste and generally street sweepings. 124 These materials, solid waste, are a
documented threat to the health and the environment of many countries including Kenya.125
Of specific focus to this thesis and particularly this chapter is the impact the current state and
practices of waste management has on the quality of ambient air in the city of Nairobi.
123
A Mahar, R Malik and A Qadir, Review and analysis of current management of solid waste situation in
urban areas of Pakistan, 34, 2007.
124
H Tilahun, Z Abdallah, A Isabella, A Dickson, M Kanyiva and M Blessing, An assessment of the evolution
of Kenya’s solid waste management policies and their implementation in Nairobi and Mombasa: analysis of
policies and practices, 2, 2017.
125
M Joseph, W Raphael and K Kiemo, Assessment of methods practiced in the disposal of solid waste in
Eastleigh Nairobi County, Kenya, 1, 2020.
37
Most of the challenges posed by waste management in the city of Nairobi result from a lack
of effective urban planning or a complete disregard for the regulations on waste management
in place. These sources of the issue of waste management were to a great length dealt with in
the previous chapter, that is the issue of urban sprawl. Nairobi unlike most other cities and
urban areas has not adopted new technologies and incineration to deal with the solid waste
produced by the persons in these areas. The city of Nairobi either focuses these practices in
select areas of the city or these practices are non-existent in most other areas where a huge
population of the city live.
This chapter specifically focuses on the areas where the urban mass of the city live, that is
Eastleigh and Kibera where more than sixty percent of the inhabitants of the city live. The
chapter will also focus generally on the open burning of waste and the impact this practice
has on the quality of ambient air in the city. Lastly, this chapter will focus on the existing
environmental legislation in place to curb waste management and the adequacy of such
legislation in terms of the legislation itself and the effective implementation of such laws.
This chapter will then proceed to provide recommendations and ways forward to improve the
situation in the city.
To this end, research carried out through field observation and interviews conducted in the
Eastleigh South Ward in Nairobi reveal the grim reality of waste management in the city of
Nairobi. According to the research, forty eight percent of the residents in this part of the city
revealed that they simply dispose of their solid waste along the roads in parts such as the
drainages.126 Another thirty five percent of the residents in this research revealed better
practices. They revealed that dispose of their solid waste in dust bins and appropriate disposal
areas available to them. However, although the above practice of solid waste disposal is
sound, their solid waste eventually ends up in undesignated areas of the city.127
Furthermore, although there is a general lack of concern among the resident in these parts of
the city, the practices by the residents in the above research is obviously not the ideal method
of waste disposal that these persons would prefer. These methods reflect the existing
126
127
38
challenges to solid waste management in Nairobi. The city at large has inconsistent waste
collection from households and there often is the practice of illegal dumping of solid waste in
inappropriate areas such roadside areas or informal areas where everyone just disposes of
their solid waste. Additionally, although the issue of inadequate solid waste management is
evident from the amount of solid waste witnessed by residents in areas like Eastleigh and
Kibera, there is also low levels of information on the abysmal methods of waste disposal in
the city.128
The above challenges and methods of solid waste management utilised by residents at present
is further exacerbated when some residents opt to burn the waste as a method of waste
disposal. This practice occasions the largest negative impact to the quality of air in the city.
The burning of waste leads to the release of hundreds of different hazardous by-products in
the ambient air negatively impacting the ambient air in the city. 129 Consequently, the release
of these hazardous by-products cause the development of cancer, the suppression of immune
systems, reproductive and developmental complications in children and the disruption of
endocrine systems.130
Specifically, the open burning of solid waste results in the release of among other toxic
compounds, dioxins and furans in addition to smoke and odours. 131 These toxic compounds
occur when there is the combustion of plastic and generally other organic compounds.
Additionally, through the burning of solid waste such as paint and metallic objects found in
waste, there is occasioned the release of heavy metals in the air we breathe. 132 Given the
release of toxic of these compounds as a result of this unsound method of waste disposal, this
practice is prevalent in the city of Nairobi with most residents unaware of such effects or
indifferent. To this end, the next section will provide a critical analysis of the existing
environmental legislation on the same in a bid to provide the best legal action forward.
128
129
The International POPs Elimination Project (IPEP), A Study on Waste Incineration Activities in Nairobi that
Release Dioxin and Furan into the Environment, 14, 2005.
130
The International POPs Elimination Project (IPEP), A Study on Waste Incineration Activities in Nairobi that
Release Dioxin and Furan into the Environment, 14, 2005.
131
Maryland Department of the Environment, Regulation of Open Burning of Solid Waste, 1, 2019.
132
Maryland Department of the Environment, Regulation of Open Burning of Solid Waste, 1, 2019
39
4.3. Existing Environmental Legislation and Institutions on Waste management in
Nairobi : Adequacy of such Legislation in curbing the unsound methods of waste
disposal in the City
4.3.1. The Constitution of Kenya 2010
This is the supreme law of the land and was enacted in 2010 displacing the post-
independence 1963 constitution. The Constitution guarantees citizens many a rights but of
specific relevance to the impacts of improper waste management is every citizens right to a
clean and healthy environment.133 This right includes the right to have the environment
protected for the present and future generations through legislation and other necessary
measures. Additionally, the Constitution places obligations relating to the environment.
Consequently any person who believes that their environmental rights or the right to a clean
and healthy environment have been infringed, is guaranteed the avenue to claim such rights
in the courts of law.134
Specifically, article 2 of the fourth schedule states the county governments such as the
Nairobi City government shall be responsible for the removal of waste, management of waste
dumps and generally solid waste removal. Additionally, the Nairobi city government is under
the obligation to ensure that there is proper zoning of waste collection areas. The city county
government must also ensure the regular collection of all solid wastes and that facilities
carrying out waste collection are regularly emptied in a bid to realise the right to a clean and
healthy environment guaranteed by the Constitution to all citizens residing in the city.
However, as anyone who roams the roads of Nairobi for a considerable time can witness and
attest to the lack of such measures and necessary actions. In the city, there are non-existent
clear designated zones or facilities for the collection of waste in the city. 135 Additionally, and
to a more unfortunate level, persons living in the areas focused on in this thesis such as
Kibera and Eastleigh are literally living with waste. There are no sufficient formal designated
zones of waste disposal in these areas, the zones available are essentially overflowing with
solid waste and are not regularly cleared. This challenge is further exacerbated when most
residents tire of the waste in these areas or need to create space for further waste and proceed
to burn such waste consequently releasing air pollutants into the atmosphere endangering the
health of individuals and the environment at large.
133
134
135
O Florence, Assessment of the Effectiveness of the Policy Framework on Solid Waste Management in
Nairobi, Kenya, 93, 2019.
40
4.3.2. Environmental Management and Coordination Act
This piece of legislation was enacted by the parliament in the year 1999 and reviewed in 2015
to be harmonious with the new supreme law of the land, Constitution of Kenya 2010. The
legislation was enacted to be the general framework on the protection and management of the
environment. It prescribes principles of sustainable development which are vital for effective
formulation and implementation of necessary regulations and the following are relevant to
sound solid waste management principles.
Firstly, the Act imposes a public participation principle which is key for devising relevant
and the most appropriate measures towards effective solid waste management. The principles
of intergenerational and intra-generational equity are also very relevant to towards the
disposal of waste in our city as the methods utilised at present have impacts on future
generations. Another relevant principles prescribed by this Act are the polluter pays
principles which would go a long way in effectively implementing laws and regulations
geared towards the protection of the environment. Lastly, is the precautionary or prevention
principle which is vital to take into account in the devising of relevant measures as prevention
is the best medicine.
However, as is evident from the popular and prevalent practices imposed utilised by residents
in the city and by authorities at large, there is either no adequate implementation of such
principles and regulations or a complete disregard of them. Specifically, a research conducted
in Kibera revealed that the above principles such as the principle of public participation in the
formulations of regulations and necessary measures on sound waste management are not
practiced. The residents in this urban area are usually unaware of the existing regulations
hence hindering effective compliance of the regulations.136
Additionally, the polluter pays principles in which lens this thesis is conducted which is one
of the most relevant measures to ensure effective implementation and compliance of existing
regulations is also scarcely utilised. This principle dictates that those who cause or generate
pollution, air pollution in this context, are liable for such costs as prescribed by the law. To
this end, when it comes to solid waste management, all persons who cause pollution from
136
41
solid waste through inappropriate methods of waste disposal such as burning of the solid
waste, should bear the costs of such measures. In Nairobi, there is a culture of burning waste
which heavily pollutes the air in the city and the integration of this principle in combatting
such disposal measures would go a long way in preserving and protecting the quality of air in
the city.137
4.3.4. Penal Code of 1948

This legislation is one of the oldest pieces of law in the country and also applies to the
protection and management of the environment, including the quality of air in Nairobi. The
Act makes it an offence for all persons in Kenya to voluntary “vitiate the atmosphere” in any
place in the country. It is also an offence under this Act to occasion harm to the health of
persons dwelling or carrying on business in the neighbourhoods of the country or passing
along a public way.138 To this end, it is an offence to voluntarily pollute the environment
through the existing practices/methods of waste management currently utilised by a large
majority of the residents in Nairobi.
4.3.5. Waste Management Regulations, 2006

These are regulations formulated by the National Environmental Management Authority
under Legal Notice No. 121. The regulations are geared towards the generation of waste,
transport of such waste, treatment and disposal of such waste. These regulations were
established pursuant to sections 92 and 147 of the above Act of 199 under the authority of the
Cabinet Minister in the Ministry of Environment and Natural Resources. The regulations
impose responsibilities on the different players involved in the disposal of waste and its
generation in the first place. Sound waste transport and disposal approaches and proper waste
treatment, recycling and requirements for environmental audits are provided for under the
regulations.
It however follows from the state of current solid waste method practices by residents in the
city that the above regulations have also not been effective in effectively curbing the
challenges facing the disposal of waste which negatively impact the quality of our air.
Specifically, although the above regulations provide for the proper integration of waste
management plans and reporting requirements, these provisions are not of a compulsory
137
138
Section 192, Penal Code (Act No. of 1948).
42
nature.139 John Austin states that a law is not law if it does not have sanctions as this is
necessary for compliance of such laws. On the same vein, the above regulations although
sound will not be effective until such prescriptions of the law have a compulsory nature.
Consequently, due to the above challenge on the lack of a compulsory nature of the
regulations formulated by NEMA, the question that arises is how the Authority intends to
enforce such regulations. This challenge leads to a disregard of the responsibilities imposed
by the regulations hence the prevalence of the practices of unsound and environmentally
dangerous methods of waste disposal such as the burning of waste. Such practices are
hindrances to the realisation of quality air in the city and a further hindrance to the realisation
of the right to a clean and healthy environment.
Solid waste includes many materials as discussed above however it is vital to note that some
of these refuses are more dangerous than others when burnt as a disposal method. some of
these materials include plastic and batteries. To this end, the regulations formulated by the
Authority fall short on the proper disposal of batteries for example which if burnt release
toxic air pollutants that lead to the premature deaths of many. The regulations do not
adequately provide all the necessary specifications regarding the disposal of among other
solid wastes, batteries.140
4.4. Best practices of Waste Management around the Globe: A Case Study on the Cities,
Cape Town and the State of Maryland.
4.4.1. Cape Town, South Africa
South Africa, a fellow African country provides the city of Nairobi a legal framework on
sound solid waste management. The overall legal framework on the management of solid
waste stems from the country’s supreme law of the land 1996 which was amended in the year
2000. South Africa’s law is characterised by inclusive and public participation in the curbing
of the negative impacts of unsound solid waste methods. Additionally, the enforcement of the
legal framework on specifically, solid waste management is done through three major
stakeholders.141 The three major stakeholders involved are the state, the business community
and lastly the citizens themselves. Consequently, the city of Cape Town is one of the cleanest
139
O Jimmy, Evaluating the Effectiveness of the Waste Management Regulation, Legal Notice 121, 2006, in
Relation to Solid Waste Management in Kiambu Town, Kenya, 27, 2019.
140
141
43
cities in Africa hence why it is utilised in this thesis as an appropriate case study.
Unsound solid waste management methods are generally a scourge to our environment at
large. However, this thesis and particularly this chapter has focused on the burning of solid
waste as a method of waste disposal. The reason for this is obvious as mentioned above, the
burning of waste releases air pollutants to the atmosphere which negatively impacts the
quality of air breathed by the citizens in the city. To this end, the city of Cape town has
formulated illegal dumping by laws which make such methods of waste disposal an offence
in a bid to protect the environment. Additionally, the sub-council in the city assists the
council by monitoring any shortcomings to ensure corrective action and effective
implementation takes place.142
Furthermore, the reason most persons in the city of Nairobi opt to burn the solid waste in the
city as a method of waste disposal is mostly as a result of a lack of adequate waste
management services. Another reason for such a practice includes a lack of designated zones
for solid waste disposal as the city is characterised by mostly informal waste disposal areas.
To this end, in Cape Town, the National Framework for municipal indigent policies provides
that waste management services is free and ought to involve door-to-door waste collection in
every urban area.143 A similar practice in Nairobi would go a long way in ensuring that the
urban areas specifically the areas with the highest urban populations such as Kibera and
Nairobi have such services and designated zones which. Consequently, incorporating this into
the city’s approach to solid waste will decrease the practice of burning of waste as a method
hence ensuring the quality of ambient air in the city.
4.4.2. State of Maryland, USA
This section will focus on the Air and Solid Waste regulations governing open burning of
solid in the state of Maryland. These regulations have been formulated by the State’s
Department of the Environment and an analysis of the regulations will be utilised in this
section to provide a desirable model for the city of Nairobi. The current state of the city’s
approaches towards the deterrence of illegal methods of waste disposal specifically the
burning of solid waste is inadequate and ineffective. The city falls short in this regard and the
142
143
44
case study in this section highlights efficient measures that the State of Maryland has utilised
against this challenge to the quality of air we breathe.
Existing legal measures by the State of Maryland on the burning of solid waste commences
from the regulations on open fires, MDE’s Air Management Regulations. Additionally,
management of open fire permits falls to the Air Quality regulations in the State. These legal
measures in place against this unsound and dangerous method of waste disposal are a part of
the State Implementation Plan on curbing of the same. 144 The State also provides a detailed
definition of what solid waste is. It includes in this definition, debris from land clearing such
as stumps, brush, logs, limbs and resulting debris form construction and demolition of
structures.145
Furthermore, the State prescribes that a person may not engage in methods of solid waste
disposal that creates among other hazards, the pollution of the ambient air and the
degradation of the quality of the environment. Needless to add, the open burning of solid
waste in addition to the above impacts also negatively impacts public health resulting in
avoidable and premature deaths. Therefore, this method of waste disposal is banned in the
State. However, it is important to note that the State does not impose a blanket ban on open
burning of solid waste.
To this end, the State permits counties to approve the burning of waste disposal in households
and other dwellings. This partial regulatory approach towards the open burning of solid waste
however is not applicable to the burning of any solid waste. If the burning of such solid waste
will occasion in the release of dense smoke emissions greater than forty percent opacity, it is
not permitted and amounts to a violation of existing regulation. Similarly, if such burning of
solid waste is carried out in close proximity, specifically, a distance of two hundred feet from
any neighbouring structures, then it is also not permissible.
The city of Nairobi faces several challenges in the management and disposal of its solid
waste. Designated zones for the disposal of solid waste are scarce or non-existent in the city
especially in urban areas where the majority of the city’s inhabitants live. This is the over
sixty percent of the city’s inhabitants that live in Kibera and Eastleigh. Similar, there is
144
145
45
minimal solid waste disposal services in these urban areas. Consequently, the inhabitants
faced by these challenges opt for any convenient method of waste disposal such as the open
burning of waste to rid of it. The city can incorporate some of the practices by the State of
Maryland to alleviate some of these challenges and dangers to the quality of air we breathe.
As discussed above, the city of Nairobi can proactively approach the deterrence of waste
burning in the city by among other measures controlling such burning. Since, imposing a
blanket ban as a regulatory measure against this method of solid waste disposal, would not be
responsive to the challenge the city faces because there are no other immediate alternatives of
waste disposal for the city’s inhabitants, this section proposes the following. Similar to the
practice in the State of Maryland, the city can issue permits for the burning of solid waste
from structures such as households. However, such burning should be regulated to abide to
prescribed emission limits. This measure will in addition to reducing the practice of
dangerous solid waste burning will also provide a legal avenue for solid waste disposal for
the city’s inhabitants.
4.5. Conclusion and Recommendations

This section will conclude and finalise on the bulk of the issues, challenges, critical analysis
and recommendations discussed above in this chapter. Firstly, increasing the level of
awareness on the regulation for solid waste management in the city is necessary and vital
towards effectively curbing its negative impacts on the quality of air in the city. Public
awareness is defined as the extent to which the general public are in addition to being
informed on the existing law in terms of its scope, existents, prescribed limits, they are also
aware of the consequences of violating these regulations. 146 In this regard, the general public
of the city of Nairobi are generally oblivious or indifferent to the prescribed and existing
regulations on solid waste management in the city. This is a result of among other factors, the
existing regulations, specifically, Legal Notice 121 of 2006 provisions are of non-binding
nature hence the resulting ineffectiveness regarding the compliance of the regulations.
The above regulation is also not even known of by most of the inhabitants of the city.
Additionally, public participation is one of the principles of governance prescribed by the
Constitution.147
146
147
46
CHAPTER 5: Conclusion
This study was greatly sparked by the grim reality of air pollution in the city of Nairobi and
Kenya at large. In Nairobi, despite the increase of legislation and regulation on air pollution,
the status of air quality and air quality management in the city has remained bleak.
Consequently, ambient air pollution was responsible for thousands of premature deaths in
only the year 2020 according to the Global Air 2020 report. 148 Air pollution is a leading killer
in Kenya through causing respiratory diseases such as chronic obstructive pulmonary disease,
lung cancer, pulmonary heart disease and bronchitis.149
The preceding chapters have therefore covered a large amount of ground in trying to assess
the extent to which the existing legislation on Air Quality in Nairobi has provided for in
combatting the air pollution in this city. As such, this chapter seeks to summarise the body of
this study. This will be done in this chapter by connecting the initial objectives of this thesis
to its findings and lastly conclude on the earlier suggestions provided in the preceding
chapters by providing some recommendations.
5.1. Summary of Findings
The objective of this study was to investigate the extent to which the legislation in Nairobi
has been effective in combatting the challenge of air pollution that leads to so many deaths in
the city. This was done in this study by investigating the hypothesis set out in the study in the
first chapter. Given the above, this research has evidently brought out the prevalence of the
above challenges to the realization of the right to clean and healthy air and sought to provide
critical analysis of the existing legislation on the same. This was done in a bid to provide
recommendations and suggestions to bolster the existing legal measures on the above
challenges to the quality of air we breathe. The present chapter completes this objective.
Chapter 2 commenced the study by investigating the extent to which the existing law and
institutions are effective in monitoring, reporting and implementing the laws on air pollution.
Presently, the existing air quality-monitoring network in Nairobi is limited to select urban
areas and even so in these areas, the extent of monitoring is inconsistent to provide any useful
148
Health Effects Institute, State of Global Air 2020, 5.
149
47
long-term data.150 The existing legislation in Nairobi on the above has to a certain extent
provided for the control and curbing of these challenges. However, as evident from this
study, the existence of substantive legislation should not be tied to the rosy notion that the
problem at hand has been dealt with, as it is often the case that such legislation is not
effectively implemented. Regarding the objective of this chapter, the study has found the
following.
Firstly, in Nairobi and Kenya at large, there is a lack of coherent air quality monitoring
network in Kenya as is evident from the lack of long-term spatial data that would aid in
devising relevant measures against air pollution sources. Secondly, even the existing
monitoring and compliance requirements with regards to monitoring and reporting air
pollution are not followed. Even more alarming, sometimes it is the State itself that is the
perpetrator of such a disregard for the existing legislation as is evident from the case study on
the incident in Owino Uhuru area.151 These findings are in line with my initial hypothesis that
Nairobi lacks a coherent air quality monitoring framework.
Chapter 3 followed by an in-depth probe into the extent to which the existing legislation have
also provided for the impact of urban sprawl on the air quality in the city. Nairobi is
characterised by urban sprawl stemming from the lack of urban planning laws and also due to
the uncoordinated and non-existent implementation of such laws.152 Consequently, the city
faces heavy traffic resulting in increased pollution and also faces the increase in indoor air
pollution.
As for the objective of the above chapter, the study presents the following findings. The
challenge of urban sprawl exacerbates already existing threats to the quality of air in the city
by increasing pollution from traffic and homes. This is evident from the forty nine per cent
increase in the vehicles in the city in just four years. 153 To this end, the study found that
although there exist control measures on pollution from vehicles, the city has not responded
to such a rise in the pollution resulting from urban sprawl. Additionally, it is the finding of
this study that where more than sixty per cent of the population in Nairobi live, there is
150
N Victor, Nairobi Air Quality Monitoring Sensor Network Report – April 2017, 7, 2017.
151
M Rosemary, Toxic Spaces, Community Voices, and the Promise of Environmental Human Rights: Lesson
on the Owino Uhuru Pollution Incident in Kenya, 23, 2020.
152
2015.
153
48
alarming pollution from homes resulting from the use of unsuitable fuels including animal
dung and charcoal in cooking. This threat is also exacerbated by urban sprawl and even more
alarming, there is a lack of regulatory framework on this issue and government budgets. 154
The findings of this chapter also confirm the initial hypothesis in chapter one that the
prevalence of urban sprawl has indeed exacerbated air pollution in the city.
Lastly, chapter 4 then probed the extent to which the existing legislation in Nairobi protects
against the open burning of waste in Nairobi. The city of Nairobi also faces the prevalent of
unsound waste disposal methods particularly the open burning of solid waste which leads to
the release of toxic compounds such as dioxins and furans which are dangerous to health. 155
To this end, the following are the findings of the study. Firstly, despite the prevalence of the
above practice, there exist low information on this unsound method of waste disposal in the
city although it is clear to anyone that lives in the city. 156 Secondly, this issue stems from the
inconsistent waste collection services and the lack of sufficient designated zones for the
disposal of waste.157 This in view of the obligation of the Nairobi City government to provide
for the removal of waste, management of waste dumps and generally solid waste removal
pursuant to article 2 of the fourth schedule of the Constitution.158 Lastly, although public
participation is a principle enshrined in the constitution, most residents in Nairobi are
unaware of existing regulations on waste disposal or are indifferent to it as a result of the
unbinding nature of the regulations i.e. Waste Management Regulations, 2006.159 The
hypothesis of this chapter was also confirmed from the findings.
5.2. Recommendations
The first recommendation of this study is to implement the existing legislation on the impacts
of urban sprawl, indoor air and traffic pollution, with a pro-poor approach. This is in view of
the fact that over sixty percent of the city’s population live in only 8.7% of the land exposing
these persons to the most population. Secondly, is recommended that a plan is formulated to
154
155
Maryland Department of the Environment, Regulation of Open Burning of Solid Waste, 1, 2019.
156
157
158
Fourth Schedule, Article 2, Constitution of Kenya (2010).
159
49
tackle the impact of urban sprawl on the quality of air in the city. Such a plan must
incorporate targeted interventions over a period of time geared towards curbing indoor air
pollution.160 Additionally, to tackle the increasing traffic pollution in the city, current
regulations on designated zones where emissions beyond certain limits are penalised should
be implemented and further incentives provided by the law on car free days and utilisation of
non-motorised transport.
The second recommendation from this study is to make the existing waste management plans
and reporting requirements to have a binding and compulsory nature. This is to allow to allow
the Authority to enforce such regulations in order to curb the prevalent practice of open
burning of waste that results in the degradation of clean and healthy air in the city.
The last recommendation and at the crux of the above two recommendations is to bolster the
current air quality monitoring network in the city by implementing the programme
formulated by the Green Climate fund in 2018. The implementation of this programme will
aid in the relaying of real time data to the Authority which will consequently lead to the
adequate targeted measures to curb the threats to clean and healthy air. Bolstering of existing
legislations on indoor air pollution, traffic air pollution and open burning of waste will be in
vain if there exist no monitoring of the compliance of such laws and the inexistence of long-
term relevant data to aid in relevant actions on the same.
BIBLIOGRAPHY
160
50
Journal Articles
Kariuki Muigua, ‘Safeguarding the Environment through Effective Pollution Control in Kenya’ Kariuki Muigua
&Co, 2019, 17.
Shi L, Han L, Yang F and Gao L, The Evolution of Sustainable Development Theory: Types, Goals, and
Research Prospects, 4, 2019.
Emas R, The Concept of sustainable development: Definition and defining principles, 2, 2015.
Birgen Jael, Assessments of levels of selected air pollutants in Athi River, Kenya, 2017, 70.
Xiao Yu, The Experience to Abate Air Pollution – What lessons can Beijing, China Draw from Developed
Countries When Trying to Reduce Emissions?, 2015

Kariuki Muigua, ‘Safeguarding the Environment through Effective Pollution Control in Kenya’ Kariuki Muigua
&Co, 2019, 17.
Saxena P and Ghosh C, ‘A review of assessment of benzene, toluene, ethylbenzene and xylene (BTEX)
concentration in urban atmosphere of Delhi’ 7(6) International Journal of Physical Sciences, 2012, 851.
perception and associations between risk variables, 7, 2014
Devarakonda S, Sevusu P, Liu H, Liu R, Iftode L and Nath B, Real-time Air Quality Monitoring Through
Mobile Sensing in Metropolitan Areas, 7, 2013.
D Francis, G Michael, N David, P Alexander and B Rhiannon, Airborne particulate matter monitoring in Kenya
using calibrated low-cost sensors, 2, 2018.


review, 2, 2020.
51
S Gaetano, M Maurizio, A Pasquale, Indoor Air Quality: A Focus on the European Legislation and State-of-the-
Art Research in Italy, 8, 2020.
A Mahar, R Malik and A Qadir, Review and analysis of current management of solid waste situation in urban
areas of Pakistan, 34, 2007.
H Tilahun, Z Abdallah, A Isabella, A Dickson, M Kanyiva and M Blessing, An assessment of the evolution of
Kenya’s solid waste management policies and their implementation in Nairobi and Mombasa: analysis of
policies and practices, 2, 2017.

O Florence, Assessment of the Effectiveness of the Policy Framework on Solid Waste Management in Nairobi,
Kenya, 93, 2019.
Policy Paper and Discussions

Federal Ministry for Economic Corporation and Development, Air Quality Management, 2009, 24.
Nairobi City County, Air Quality Action Plan (2019-2023).
Reports
Internet Resources
‘Air pollution hurts the poorest most,” United Nations Environment Programme, 9 May 2019 —
<https://www.unenvironment.org/news-and-stories/story/air-pollution-hurts-poorest-most > on 9
Many 2019.
‘Nairobi matatus’ odd engine idling culture pollutes, harms health' United Nations Environment Programme, 19
December, 2019 — < https://www.unenvironment.org/news-and-stories/story/nairobi- matatus-odd-engine-
idling-culture-pollutes-harms-health> on 19 December 2019.
https://www.urbangateway.org/document/rapid-urban-sprawl-nairobi

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Air Pollution Monitoring Legal Framework in Nairobi

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AIR POLLUTION MONITORING LEGAL FRAMEWORK IN NAIROBI:

IMPROVING THE REDUCTION STRATEGIES OF AIR POLLUTANTS IN THE

Submitted in partial fulfillment of the requirements of the Bachelor of Laws Degree,

[Mohamed Abdirahman Abshir]

Prepared under the supervision of

Word Count: 17,000

I MOHAMED ABDIRAHMAN ABSHIR, do hereby declare that this research is my original

1.2. Statement of the Problem

1.3 Research Objectives

a. To assess to what extent the existing legislation and institutions in Nairobi

b. Determine the extent to which Nairobi’s environmental legislation protects

c. To assess which environmental legislation in Nairobi protects against the open

1.4. Research Questions

1.6. Justification of the study

1.7. Theoretical Framework

contradiction between economic development and environmental protection.32 Sustainable

1.8 Literature Review

targets including self-monitoring of compliance. 38 According to Birgen Jael, self-regulation

2.3.1 Constitution of Kenya 2010.

2.3.2 Environmental Management and Co-ordination Act and NEMA

2.3.3 Air Regulations 2014 and NEMA

b) Existing Institutions on the monitoring, reporting and implementation of Air

2.3.4 Ministry of Environment and Forestry

2.3.5 National Environmental Management Authority – enforcement

Therefore, this programmed provides that it should be implemented in Kenya through

2.3.5 Kenya Meteorological Department – ambient air quality monitoring

2.5. CONCLUSION AND RECOMMENDATIONS

3.2.2. Traffic Pollution in the city of Nairobi as a result of Urban Sprawl

3.2.3. Indoor Air Pollution as a result of Urban Sprawl

3.3.2. Environmental Management and Co-ordination Act

The preceding chapter focused on the effectiveness of monitoring measures, implementation

4.3.4. Penal Code of 1948

4.3.5. Waste Management Regulations, 2006

4.4.2. State of Maryland, USA

4.5. Conclusion and Recommendations

5.1. Summary of Findings

Policy Paper and Discussions

Nairobi City County, Air Quality Action Plan (2019-2023).

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