The institutional arrangements for ensuring that development conforms to the Karengata LPDP are described in Part 4, of the LPDP, the Implementation Strategy. But the City Council of Nairobi has not endorsed these arrangements and they have therefore not been instituted. Until the CCN complies, KLDA continues to depend on individual residents or associations of residents to play their part in helping to ensure that all new development is in accordance with the LPDP.
The only way you can do this is to make formal objections to all new development that would contravene the LPDP and/or other planning and building regulations and that would have negative environmental, economic or social impacts.
Remember that when it comes to objecting to a proposed development,neighbours who are directly affected have more recourse in law than an association such as KLDA. But we will advise and support you.
The development approvals process provides a number of opportunities for objection and it is vital to ensure that these opportunities are taken so that you have a strong paper trail if it becomes necessary to take the case to court, the National Environment Tribunal or the Public Complaints Committee:
All Changes of User should be advertised on the plot and in the print media. If a development was not preceded by both, it is illegal.
If you and your neighbours wish to object to a development, send as many objections as you can and if possible a joint petition, to the Town Clerk, copied to the Director of City Planning and to the Provincial Director of Environment, Nyayo House. If possible the letters should be hand delivered to the TC and the DCP at City Hall and to the PDE at Nyayo House (Room 21, 25th floor). KLDA will also send a letter of objection to the Change of User and can hand deliver letters on your behalf.
The objections to the application for change of user should considered by the City Planning Department and other concerned departments such as the City Engineers Department, Environment Department etc. The CPD then makes a recommendation to the CCN Town Planning Committee based on its assessment of the responses received and their bearing on the CCN town regulations. The Town Planning Committee then make its decision.
If the Change of User is approved the development has to have building approval from the CCN and a licence from the National Environment Management Authority (NEMA).
To obtain the licence, an Environmental Impact Assessment (EIA) Project Report has to be prepared by a registered EIA expert. The EIA process is intended to assess the full extent of the environmental impact of the development and to ensure that the developer incorporates mitigating measures to eliminate or substantially reduce potential negative impacts (this should include considering a more suitable site for the development but rarely does).
As part of the EIA, the expert is required to consult the neighbours affected by the development and to record their opinions in the Project Report. In KLDA experience, this consultation process is usually badly handled so it is important to ensure that the EIA Expert undertakes it thoroughly. KLDA can help with this.
As part of the review process, NEMA forwards the EIA Project Report to KLDA and other authorities to obtain our comments. If you were not consulted before building work commences, report this to KLDA or directly to NEMA.
NEMA then reviews the EIA Project Report and the comments made by neighbours and other stakeholders on the development and decides whether a full EIA study is required or whether the development can go ahead on the basis of the EIA project report.
A full Environmental Impact Assessment Study following an EIA project report requires that NEMA publicise the project and its anticipated effects and benefits and ‚ hold at least three public meetings with the affected parties and communities to explain the project and its effects and to receive their oral or written comments EMCA Regulations Section 17, (2) (b).
When the full EIA Study Report has been prepared a notice to this effect is published in the Gazette and in a newspaper with a nation-wide circulation and the public is invited to make oral or written comments on the EIA Study Report. Upon receipt of these reports NEMA ‚ may hold a public hearing‚ EMCA Regulations Section 22 (1). If a public hearing is held the presiding officer prepares a report to NEMA containing the views expressed at the hearing.
NEMA is required to provide a decision on the EIA Study Report within three months of receiving the report. The decision to grant a license is made subject to the proponent meeting conditions relating to the mitigating measures proposed in the EIA Study Report. The proponent must declare that these conditions will be met before a licence is issued.
If this procedure is not properly followed or the affected neighbourhood considers that the mitigating measures proposed will not resolve their objections they can make a formal appeal to the National Environment Tribunal.