UNIT 1

INTRODUCTION TO ENVIRONMENTAL STUDIES

Objectives

By the end of the topic, learners should be able:

 Present and clarify the principles and objectives of
environmental studies.
 Define and illustrate the concept of environment.
 State and define major environmental terms.
 Describe the ethical/moral issues in resource utilization/use.

1.1.1 PRINCIPLES OF ENVIRONMENTAL STUDIES

Introduction
Environmental studies aims at making individuals understand
the complex nature of the natural and build environments
resulting from the interactions of their biological, physical, social,
economic and cultural aspects. Further it facilitates the acquisition
of knowledge, values, attitudes and practical skills needed to
participate in a responsible and effective way in anticipating and
solving environmental problems for quality living.
To provide value, environmental studies go beyond the
discussion of environmental issues, to the analysis of conditions
and trends in the environment and their causes, assess and
interprete the implications and impacts of these trends to human
health, the economy and ecosystems; and provide an assessment
of actual and potential societal responses (solutions) to
environmental problems. Balanced environmental studies aims at
answering fundamental questions about the interactions between
the environment and socio-economic factors, which are
significant to policy decision makers and the public. UNEP/DEIA
(1996) defines at least four fundamental questions for the
environmental studies:
1. What is happening? - should give a highlight of the
environmental conditions and trends.
2. Why is it happening? – a description of the human and natural
causes of these changes is given.
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3. Are the changes significant? – discusses the health, economic,
social and ecological implications (effects)
4. What is, or how could we respond? – suggest solutions and the
environmental implications of societal responses.

The specific objectives of environmental studies should

therefore be:
 To increase awareness and understanding of environmental
trends and conditions, then causes and consequences among all
stakeholders;
 To provide a foundation for improved decision making at all
levels, from the individual to national governments and
international organizations; and
 To facilitate the measurement of progress towards
sustainability through the provision of credible information.

To accomplish these objectives, a set of principles can help

guide the development of effective messages towards
developing environmentally responsible citizens

 The need to consider the environment in totality, including the

natural, man-made and social aspects – economic, political,
cultural, historical, theological, technological and moral
considerations.

 The need to adopt a problem-solving approach in

communicating the environment from a philosophical basis of
holism, sustainability, enhancement and stewardship.

 Communicating about the environment requires the adoption

of interdisciplinary approach, drawing in all relevant content
and ideas from each discipline (natural and social sciences) in
making possible a balanced perspective of the environmental
issue in consideration.

1.1.2 THE CONCEPT OF ENVIRONMENT

The Oxford advanced learners’ dictionary defines
environment as the natural conditions e.g. land, air and water in
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which we live; while the UNESCO – UNEP describes the
environment as “the aggregate of surrounding things (biotic and
abiotic) and conditions that influence the life of an individual
organism of population, including humans.”
An elaborate definition about the environment and one
commonly used is one that was given by the International Union
for the Conservation of Nature and Natural Resources (IUCN)
that; “the environment is the totality of nature and natural
resources, including the cultural heritage and the infrastructure
essential for socio-economic activities.”
Central to this definition are the natural (physical and
biological) and the socio-cultural (man-made) components.

(a) Natural (physical and biological) components

The natural component is made up of the following:
 The physical, comprising of the Atmosphere (air), the
Hydrosphere (waters), and the Lithosphere (rocks).
 The Biosphere which is a thin and discontinuous narrow
zone where living organisms exist. It is a little above and
below the surface of the land and in water and air. It is
inhabited by an immense variety of living species including
human beings.
 Ecosystems which include all the plant and animal life that
inhabit a particular area together with the physical (non-living
part) environment. The living and the non-living parts interact
to obtain food and water powered by energy from the sun.
Ecosystems can either be natural or modified (man-made) and
are categorized as either Terrestrial (forests, grasslands,
deserts, tundra); Aquatic (fresh water-rivers, lakes, ponds);
Marine (oceans and seas); and Estuarine (Marshes and
Coastal bays).
 Biochemical Cycles: These are the cyclical movements of
nutrients and water within the global environmental system.
They express the dynamic interrelations between the living
forms (bio) and the physical environment (geo-chemical)
within an ecosystem. They provide a continuous circulation
of the essential constituents necessary for life such as carbon,
nitrogen, water vapor, phosphorus and oxygen. Types of
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 biochemical cycles include the water cycle, the carbon cycle,
nitrogen cycle etc. These natural cycles ensure that nutrients
used up in one system are not lost but are re-used again and
again until the end of the world.

 Natural Resources: These are parts or products of the natural

environment considered of use and value to the earth’s
inhabitants, to satisfy the needs of human beings and other
living species. A natural resource can also be defined as a
naturally occurring matter that is used to produce a desired
effect or product usually for meeting human needs or
improving their quality of life.

(b) Socio-cultural (man-made component)

The other component of the environment: socio-cultural, refers to
all the physical infrastructures, built by humans including the
social and institutional systems which civilization has developed
such as settlements, industries and transport infrastructure. It also
includes cultural, religious, political, economic, aesthetic and
moral (ethical) aspects of human life.

The three levels of being are thus:

Physical Component
 Atmosphere (Air)
 Hydrosphere (Water)
 Lithosphere (Rocks)

Biological Component
 Biosphere consisting of all living things (plants, animals,
bacteria and viruses).

Social Component
 Technosphere
 Sociosphere – human created world of buildings and machines,
politics, cultures, arts, etc).

Thus;

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(1) The environment is the complete context comprising nature
and natural resources and not any specific resource sectors;

(2) The various resource sectors such as water, wildlife, forests,

human beings, minerals and energy are simply components of
the environment;

(3) The infrastructure constructed to facilitate socio-economic

activities such as settlements; industries and transport
infrastructure are all part of the environment.

Within the natural order of things, it is also important to note that:

 Each of the three levels of being (physical, biological and
social) obeys the same physical laws and are similar in
behavior, though local variations lead to complexities that are
sometimes difficult to understand.

 Environmental components operate on different time-scales

which makes their management difficult. A good example is
the formation of soil. While it takes nearly 350 years to form
three centimeters of good top soil (physical component), poor
cultural practices such as overgrazing (soil component) can
remove that top soil within five years; similarly, reforestation
(biological component) on exhausted soil would take about 25
years while one violent storm (physical component) on
overgrazed land can remove the fertile soil in a day.

 The materials necessary for life undergoes continuous

transformations which ensure nothing is destroyed or lost. The
materials pass through biochemical cycles that maintain the
purity and the availability of these resources for life. In nature,
the output of one process is continuously made the input of
some other process which is well described by the concept of
food webs. Everything is food for something else, and every
kind of waste is an input to something else. In nature language,
everything goes somewhere and there is no away to throw
things since materially, the earth is a nearly closed system.

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 We need to understand the three components of the
environment and the complex interrelationships in order to be
sensitized into understanding their role in the creation and abating
of environmental problems. To illustrate the complexity of
environmental inter-relationships, consider a simple act like fuel
wood use. Firewood consumption affects forests and interferes
with biodiversity which influences food supply, triggering
pesticide use which influences the productivity of ecosystems,
affecting cultural adaptations which bring about resource use
conflicts and psychological stress, lowering productivity which
influences economic development. Significant changes in one
single behaviour produce often unanticipated effects on other
elements of human endeavor.
Since human beings are the only creatures that possess,
perceive and appreciate consciousness and self awareness, on the
same token, they have been given the special responsibility for
environmental stewardship. To carry out that responsibility,
humankind needs to be guided by morality and ethics. These
elements need to be incorporated in environmental studies
especially now that human being more than ever before have
arrogantly interpreted the concept of stewardship.
There is need to address the interactions that cause
degradation by emphasizing on simple steps within people’s
means that can help alleviate environmental problems. Sorting out
garbage at source for instance would enhance recycling, while
preparing people at the onset of rains to plant trees and harvest
rain water are quite easy to adopt. The concern should be the
ability to provide information that changes behaviour towards the
environment – i.e. not stopping at awareness creation but to go
through education and advocacy.
Further emphasis on the need for a universal environmental
ethic lies in understanding the variety and principles of
environmental cultures and ethics across the borders of time and
space. UNESCO-UNEP (1991) describes an environmental ethic
as an ideal human behavior with respect to the environment
currently being reinforced in the growing concern about the
environment; in swelling movements to save the earth, and in the
ongoing reinforcement and development of national and
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international environmental legislation and regulations. Such
regulations reflect a newly acquired collective moral sensitivity to
the environment which could be traced to such traditions and
civilizations as in Hinduism, Jainism, Buddhism, Confucius,
Judeo-Christian and Islam. All these have made a contribution to
the development of a universal environmental ethic.

Written Exercises

Exercise 1.1

Q1. Draw a flow chart/diagram to show the relationships

between the three components of the environment.

Q2. Give valid examples to illustrate the complexity of

environmental interrelationships and their role in the
creation and abating of environmental problems.

Q3. What types of ecosystems are found in your province?

 A Classification of Resources

Resources have been defined as features which are needed

and used by people. Although the term is often taken to be
synonymous with natural resources, this definition is often
broadened to include human resources. Natural resources can
include raw materials, climate and soils. Human resources may be
subdivided into people and capital. A further distinction can be
made between non-renewable resources, which are finite as their
exploitation can lead to the exhaustion of supplies (e.g. oil), and
renewable resources, which, being a ‘flow’ of nature, can be used
over and over again (e.g. solar energy). As in any classification,
there are ‘grey’ areas, e.g. forests and soils are, if left to nature,
renewable; but, if used carelessly by humans, they can be
destroyed (e.g. deforestation, soil erosion).
Reserves are known resources which are considered
exploitable under current economic and technological conditions
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e.g. North Sea oil and Gas needed a new technology and high
global prices before they could be brought ashore; in contrast,
tidal power still lacks the technology, and often the accessibility
to markets, needed to allow it to be developed on a widespread,
commercial scale.

Resources:
(i) Natural (physical) resources
(ii) Human Resources

 Natural (physical) resources:

(i) Non-renewable (finite)
(ii) Renewable if carefully managed (e.g. soils, forests)
(iii) Renewable

 Human resources:
(i) Population (e.g. politics, technology)
(ii) Capital (e.g. transport, buildings)

 Non-renewable (finite):
(i) Recyclable (e.g. metallic ores)
(ii) Non-recyclable (e.g. fossil fuels)

 Renewable resources:
(i) Flow (water, crops)
(ii) Continuous (e.g. solar power)

There is growing concern for harmonizing two fundamental

requirements of human society – the economy that transforms our
specialized efforts into the goods and services that feed, clothe,
transport, and shelter us; and the environment and its natural
resource systems that provide the air, clean water, raw materials,
waste cycling, and other processes necessary for a healthy life.
There are important aspects of the relationship between economy
and environment, including the methods and policies that have
been considered for making economies more compatible with a
healthy and sustainable natural environment.

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 One of the most serious problems the world is facing today
is the deterioration of the natural environment and of natural
resources.
The biosphere provides mankind and other species with a
place to live and with all material inputs on which livelihoods
depend. It thus provides ‘environmental utilization space’ for
present and future generations’ use. The biosphere represents our
life support system and provides mechanisms for reproducing
resources and restoring environmental quality. But these
mechanisms are vulnerable and their ‘productivity’ is restricted.
By generating environmental pressures, human activities
adversely affect the size of their own environmental utilization
space. In a dynamic sense these pressures imply the risk that
future generation will have fewer environments to draw their
welfare from.

Human activities generate such pressures by:

 Exhausting non-renewable resources such as mineral reserves.
 Overexploiting renewable resources such as fisheries and
forests.
 Adversely influencing the rates of regeneration of renewable
resources through pollution.
 Intruding into ecosystems.
 Degrading basic natural goods such as clean air and water, so
that damage to human health and well-being results.

Written Exercise

Exercise 1.2

Q1. Use the above information on classification of resources, to

draw a flow chart diagram.

Q2. Identify your province and list the types of resources found
there.

Q3. How have human activities generated environmental

pressures in your province? Give examples to illustrate.
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1.2 KEY ENVIRONMENTAL TERMS

(a) The Environment

The environment is the totality of nature and natural resources,
but also includes the cultural heritage and the infrastructure
constructed by humans to facilitate socio-economic activities. The
natural resources include land/soil, water, forests and vegetation
cover, livestock, fish and other wildlife; the minerals under the
land and the air which envelopes the earth’s surface; and human
beings. Then the artificial infrastructure includes the intrusion into
that natural setting in the form of human constructions for human
settlement.

(b) Environmental Management

Today, no one doubts the necessity for management and legal
arrangements which ensure protection for the balance in the
environment: to ensure sustainability in utilization of the natural
resource components; to ensure that selected areas of
environment, which are considered particularly fragile or
endangered are accorded special protection; and to ensure that the
interests of the present generation, are met without jeopardizing
the needs of future generations.
Different management concepts are applied to ensure the
foregoing objectives. First, rational management of the
environment and natural resources therein require conservation
which means to use renewable natural resources sustainably and
to avoid waste of non-renewable natural resources. i.e. fisheries
and forestry, for example, as renewable resources should be
utilized in a manner which ensures regeneration. For non-
renewable resources such as minerals, petroleum and oil the
applicable meaning of conservation is to avoid waste and to
ensure that usage meets the interest of the present generation
without jeopardizing future interests.
The concept of conservation is to be distinguished from that
of preservation. Although related, preservation requires that
selected natural resources such as unique biological formations,
endangered or threatened species, representative biomass or other
natural and cultural sites of importance be set aside and left alone
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so as to maintain their characteristics in a manner unaffected by
human activities to the fullest extent possible.

(c) Environmental Governance

Environmental governance can be defined as a body of values and
norms that guide or regulate the relationships between the state
and the civil society in the use, control and management of the
natural environment. These norms and values are expressed in a
chain of rules, policies and institutions that constitute an
organizational mechanism through which both the broad
objectives and specific planning targets of environmental
management must be expressed.
Environmental governance therefore provides a basis within
which public and private behaviour is regulated in support of
good ecological stewardship. That basis establishes reciprocal
relationships between people (globally, regionally, nationally and
locally) relating to access and use of environmental goods and
services, and binds them, (at whatever level) to certain specific
environmental ethics.
The rules, rights and responsibilities may either flow from
custom and practice or be codified in such instruments as
conventions, treaties or statutes and managed by different
organizational forms, for example, clans, women’s groups, private
firms, national agencies and international organizations.

(d) Environmental Law

Environmental law refers to the whole body of various treaties
and international agreements, laws made by parliament,
customary rules and administrative regulations to ensure or
facilitate the rational management and utilization of the natural
resources so as to achieve sustainable development.
In Kenya this system consists of the Constitution and various
other laws made by Parliament. These include the Environmental
Management and Co-ordination Act, the Forest Act, Mining Act,
Water Act, Wildlife (Conservation and Management) Act, Seeds
and Plant Varieties Act, Fisheries Act, Local Government Act,
Public Health Act, Traffic act, Agriculture Act among others.
These laws also provide that the Ministers in charge of the aspect
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of environment concerned may issue certain administrative
regulations to help in the implementation of that relevant law. For
instance, under the Agriculture Act, the Minister for Agriculture
passed regulations, which say that one must not cultivate beyond
fifty meters to the water point such as a river.
In addition, there are also some laws, which, although not
specifically dealing with the environment, have a lot of bearing on
the environment. For example, the Chief’s Act, which is
essentially an administrative law, provides in some sections that
the chief may give an order requiring people not to burn grass or
cut certain trees. In sum therefore environmental law refers to
those rules or regulations that have a bearing on the manner in
which the natural resources and environmental context is
managed.

(e) Environmental Rights and Duties

A right includes a recognized legal entitlement, benefit,
advantage, and interest that a person has and that allows him or
her to require another person to do or not to do a certain thing. In
terms of the environment and/or its natural resource component,
an environmental right may be described as the freedom to exploit
an environment adequately but responsibly for long-term survival.
In Kenya, as in many other countries, this is embodied in the
entitlement to ‘a clean and healthy environment.’
With respect to environmental management, it is now widely
accepted that in addition to individuals, communities, whether
organized or not, and corporate entities, associations or groups
defined simply by cultural and social ties, can and do enjoy rights
by reason of their collective character. Thus, when the
Environmental management and co-ordination Act talks of ‘every
person’ as being entitled to a clean and healthy environment, it
means more than just the individual natural human being. It refers
too to such other unnatural persons such as companies,
corporations, local authorities, non-governmental organizations,
community based organizations and other similar associations.
However, the Act also provides that every person has a duty
to ensure a clean and healthy environment is provided and
maintained at all times. This is described as ‘environmental duty’.
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Thus one must refrain from activities that harm the environment
or any natural resources which is component of it. For instance,
one must not pollute a river. The law also prescribes punishment
that may be imposed on a person who harms the environment.

(f) Sustainable Development

Development is the process by which a country provides for its
entire population all the basic needs of life, such as good health
and nutrition, education and shelter, and also provides every one
of its population with opportunities to contribute to that very
process, through employment as well as scientific and
technological construction. Often the raw materials are the natural
resources of the country. It is important therefore that the natural
resources are exploited in such a manner which avoids depletion
and that they are not completely wasted and become unavailable
for future generations. This means that natural resources must be
used in a sustainable manner.
Sustainable development therefore means development that
meets the needs of the present generation without compromising
the ability of future generations to meet their needs by
maintaining the carrying capacity of the supporting ecosystems.
Sustainable development is meant to reduce the conflicts that
cause environmental degradation by providing a vehicle for
integrating the environment in socio-economic planning and
management.

(g) Environmental Impact Assessment (EIA)

Any activity which alters the environment is expected to have a
wide repercussion to people and the ecosystem. EIA is a formal
study process which is used to predict social and environmental
consequences of a proposed development project. EIA in
environmental management serves the following roles:
 Predicting potential problems either social or environmental.
 Identification of measures to minimize potential problems.
 Outlining ways to improve the project’s suitability in its
proposed locality.

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 Predicts options to project stake-holders who include
development investors, local community, planners,
environmentalists, project regulators and politicians.

1.3 ENVIRONMENTAL CONSERVATION AND ETHICS

1.3.1 ENVIRONMENTAL CONSERVATION

Attitudes towards Nature

The thinking of most people and cultures largely influences
the way they treat their environment. What is an attitude? It is a
set of beliefs and values organized around a specific object or
situation. Attitudes towards nature involve fundamental beliefs
and values that have far reaching consequences. It is important to
study attitudes towards nature for two reasons:
(i) Attitudes influence thinking and eventually influence policy.
(ii) To be able to change the current phenomenon of
environmental deterioration efforts must be concentrated on
attitudes.

There are basically three cultural attitudes towards nature.

a) Domination over nature
b) Unity with nature
c) Stewardship of nature

Domination over Nature

This attitude is mainly associated with westerners and the
Christian religion. They both believe that the earth should be
subdued. It is responsible for the deteriorating environmental
condition, and has been worsened by the rising level of
technology that has multiplied man’s capacity to work. Such
work can be constructive and destructive to the environment.
This attitude has foundation in the Bible when man was out at the
Garden of Eden and commissioned to be fruitful – “To be fruitful,
multiply and fill the earth and subdue it, have dominion over the
fish of the sea and over the birds of the air and over every living
thing” Genesis Chapter 1. A number of authors have recently
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claimed that the Biblical idea of dominion is the main historical
root of environmental destruction. The Bible also reinforces the
rights of humanity over nature.
Given that ideas and attitudes are significant influences in
history. One author Layn White concludes that the Biblical
creation story is so Anthropocentric (man-centered) and not
sufficiently protective over nature. She continues to say that
Christianity bears a huge responsibility for the current
environmental crisis. I suppose that this attitude influenced the
hunters of the past. Such people would launch an expedition for
the sole purpose of killing animals for pleasure. However, it is
also notable that the Bible speaks not of unlimited domination but
of stewardship, which implies restraint and responsibility. Other
scholars insist that industrial capitalism is the key determinant of
environmental destructive behavior.
The Greek writings of Plato, Aristotle and Cicero influenced
the Western thought a lot. For example, in his writings he stated
that other creatures do not think. Plants and animals therefore,
exist solely for the sake of human life. Cicero similarly insisted
that mankind has no obligation to respect animals because they
are not rational beings. Science has been a quest to dominate
nature through understanding the forces, elements and operation
of nature. Throughout history man has viewed nature as an
enemy to be subjugated, for example, settlements in the new lands
of North America, Australia and New Zealand. In the past, nature
was treated as an inexhaustible source of raw material. In the fore
going man has always attempted to dominate nature much to the
detriment of it. However, it is also worthwhile to note that there
is another school of thought based on technological optimism.
This school of thought holds – that nature is far from destroyed
and that technology is the ultimate solution to healing and
deterioration.

Unity with Nature

This view stresses humanities harmony with nature and
participation in the world of non-human nature. In contrast to
ancient Israel – the cultures of Near East (India, etc) sought
integration of human life with the life of nature. They celebrated
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seasons and fertility of nature. For example, Taoism in China
portrays the world as an organic interdependent system in this
thought the human being is part of a wider cosmic order and his
well-being is integrated to the well being of nature. Buddhism
holds that nature is there to be meditated upon, to be appreciated
rather than to be dominated. Given that behavior is a product of
social and economic forces, as well as beliefs it is not difficult to
understand why one culture will respect nature and another will
not. On average Eastern countries have treated nature with
greater respect than West. Chinese communism shares the
Marxist assumption that nature is an object of conquest for that
reason Mao Tse Tung called for war against nature.

Stewardship of Nature
This outlook is Theo centric. It is neither Biocentric or
anthropocentric. This outlook represents a middle ground
between domination and unity. Stewardship in the Bible (Gen. 2)
refers to dominion, which is responsible usage. Mankind does not
have absolute and unlimited dominion but is responsible to God.
A verse of the Bible says, “The earth is the Lord’s for He created
it.” In Genesis 1, everything that God created is declared good in
its own right. This was so even before the creation of man.
Therefore man has the responsibility to keep creation good.
Similarly in the New Testament Jesus perceived the beauty of the
fields and flowers and God’s care for all this. Therefore,
destroying the earth is bad stewardship.
We are only trustees, caretakers or stewards responsible for
the welfare of the land that is entrusted to us and we should be
accountable for how we treat it. Hence the Biblical outlook is
also careful by emphasizing the value of nature in itself and not
just as an instrument of human satisfaction.

1.3.2 ENVIRONMENTAL ETHICS

There are three ethical grounds for environmental conservation.

These grounds persuade us to take care of the environment on
ethical perspectives. They include the following:
(i) The human being benefits from the environment.
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(ii) We have a duty to pass on this heritage to future
generations.
(iii) We have a duty and an obligation as rational human beings
to the non-human beings.

1. The human being benefits from the environment

 The environment is important for us biologically, economically
and aesthetically. Human welfare and fulfillment are
dependent on the integrity of the biosphere. Enlightened self-
interests provide strong arguments for actions to preserve the
environment. Damaging the environment ends up hurting us
e.g. pollution of air and land hurts us in various ways. It leads
to respiratory and water borne diseases. It is also an obstacle to
recreation and threat to aquatic life. Radioactive elements and
toxic wastes do injure the human nervous system.

 Resources should also be used wisely to ensure a sustained

supply of the same. E.g. Catchment areas should be conserved
with the view to keeping us supplied in future. Wise use
includes recycling, reducing wastes and lowering consumption.

(a) Human beings enjoy natural beauty in recreation

Nature is soothing and there is solitude in it. Wild life should be
preserved because it symbolizes human qualities such as freedom,
courage, innocence, greed which all build our character. It is also
a source of inspiration to us.

(b) Spiritual significance

The wilderness experience is also source of inspiration and an
opportunity to experience the divine calmness in nature. Forests
are viewed as majestic and possessing natural beauty. They also
evoke awe and wonder.

(c) A final reason for preserving wildlife is its use in scientific

research. The wilderness is a reservoir of genetic diversity and
information yet undiscovered. For that reason it is important to
preserve it for none knows what holds for mankind. It might
turnout to be a vital resource for us.
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2. We have a duty and obligation as rational human beings to the
non-human beings
Depleting resources and spoiling the environment jeopardizes the
welfare of our descendants. E.g. Radioactive waste generated
today will be dangerous to human and animal life even after
100,000 years. This is because such material takes a long time to
decay. It is a prudent decision to rely more and more on
renewable sources of energy while using less of the non-
renewable. This is especially suitable where the two options are
interchangeable as in the case of oil and solar energy. The present
generation has a definite obligation towards the future generations
for three reasons.

(i) At present, we are well endowed with the resources and the
environment is still relatively well resourced. Therefore, we
have a duty to maintain it and not leave it to get more
polluted than when we came to the same environment. Like
the old adage goes “we should leave it better than we found
it.”

(ii) There is also sufficient religious ground for obligations to

the future generations. Among them is the fact that,
Christians are transient beings and they are only a link in the
long chain of the cosmos. They should be good stewards
because God’s plan does not end with us. It is also a fact
that land is held in trust for future generation.

(iii) Though it is common for individuals to believe strongly in

the ability of technology to increase capacity, we should not
allow the resource base to be used more rapidly than can be
safely extended by technology. Such a resource base is ours
today as much as it is for all generations to come.
The following here are some measures proposed for protecting
interests of the unborn
This is because it is believed that without such measures we may
destroy everything for the future generations.

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(a) That a punitive tax should be imposed to prevent people from
abusing non-renewable resources. A tax should be imposed to
prevent mineral exhaustion or forest destruction. This would
contribute to intergenerational justice by slowing down
resource depletion and waste production. Such a tax would
also prompt or stimulate conservative usage and recycling
technology.

(b)It is also proposed that we should appoint proxies for the

unborn as we do for infants and mentally handicapped who
cannot speak for themselves. On such a case it is not only the
present considerations that would matter, the interest of the
future generations would be considered too. However, this
proposal is complicated by the fact that dead people or the
unborn are not legal persons and hence cannot enjoy any rights.

(c) The rights of the present generations are also undermined in

that urgent current needs have a priority over uncertain future
ones. Our rights should prevail as long as what we do not
jeopardize the possibility of future generations to satisfy the
basic needs.

Political and economic institutions of our day disregard the future

to such an extent that consequences of our actions that are more
distant than a decade or two are virtually ignored.

3. Duties to Non-human Beings

Greek philosophers such as Aristotle, Aquinas and Emmanuel
Kant and other Western philosophers wrote that we have no
obligation towards animals because they cannot reason.
Rationally was the main difference between man and animals and
it became the reason for human beings to disregard their moral
responsibility towards the rest of creation. Some philosophers of
the 19th Century pursuing the philosophy of utilitarianism, (such
as Bentham and J.S. Mill) believed that we have a duty to animals
because they can experience pleasure. For the same reason, they
have a right not to be caused to suffer. We are obliged to treat
them well, not to be cruel, but also to reduce suffering where it
19
exists. Further, the doctrine of creation affirms the goodness of
the world and all its inhabitants. Human beings are stewards of
Nature as God created it. These points to the fact that all God’s
creatures should be treated with respect because their “goodness”
is independent of the existence of man.
Among the Eastern religions such as Buddhism, Taoism and
Jainism all life is sacred and should not be destroyed. Their view
of the integrated cosmic order leads to better stewardship in their
own environment. Such a conviction of the sacredness of the life
and such gentleness towards other creatures has greater benefit
than the violent abuse common with the Westerners.

Written Exercise

Exercise 1.3

Q1. Give your opinion concerning the three ethical grounds for
environmental conservation.

Q2. List some of the ethical/moral issues that arise as people

utilize/use resources in your province.
UNIT 2

CURRENT ENVIRONMENTAL CONCERNS / ISSUES IN

KENYA

Objectives

At the end of the topic learners should be able to:

 Discuss some of the current environmental issues/concerns in
Kenya and the role of stakeholders in addressing them.

 Highlight the Constitutional and Legislative framework on

environment, specifically the EMCA which is Kenya’s
principal Legislation on matters of environment.


20
2.1 ENVIRONMENTAL CONCERNS IN KENYA

Introduction
Concern for the environment in most cases occurs late after
the quality of the environment has been affected. A lowered
environmental quality at whatever level affects both the
development of human beings, plants, animals, ecosystems and
socio-economic well being.
Environmental problems arise when human activities affect
the quality of the environment to the extent that it is no longer
able to perform its role in the provision of:
 Clean drinking water;
 Agricultural production capacity of the soil;
 Forest products;
 Recreation;
 Survival of biodiversity; and
 Fresh air.

1. Degradation of Land Resources

This results from a combination of natural and human activities
such as deforestation, soil erosion, drought and desertification,
loss of biological diversity and wetland decline. The extent of
land degradation is localized in some areas especially in high
potential areas. Land degradation has several causes but the most
important one is poor land use practices.
Soil erosion is a natural process, however, it is often greatly
increased when human activities cause the disappearance of the
protective cover of natural vegetation. Soil erosion by wind and
water is the main form of soil degradation in Kenya.

2. Deforestation
There are many threats to forests in Kenya, mainly caused by
human activities. These include:
 Expansion of agricultural land;
 Expansion of human and urban settlements (e.g. Karura
forest);
 Mining (e.g. Ngong forest);
21
  Tourism development along Coast Province;
 Building of infrastructure like roads and power lines;
 Overgrazing;
 Poor harvesting of timber where young tree seedlings are
destroyed and;
 A defective Forest act, which gives the Minister for Natural
Resources excess powers especially in connection with
degazettment and dishing out of forestland (e.g. Karura and
Ngong forest).

3. Drought and Desertification

As environment problems, drought and desertification cause
social and ecological problems.
Social consequences include:
 Shortage of food and malnutrition;
 Migration of people (i.e. environmental refugees);
 Lowering of human dignity, health and quality of life;
 Loss of economic livelihood due to death of livestock
perpetuating poverty;
 Shortage of water for human and animal consumption; and,
 Social distress and unrest.
Ecological consequences include among others:
 Loss of biological diversity;
 Depletion of water resources; and,
 Loss of biological potential of land.

4. Wildlife and Fisheries

Wildlife and fisheries in Kenya constitute invaluable and
renewable resources. Both have socio-economic, cultural,
scientific and ecological values. Conflicts between wildlife and
local communities occur when wild animals destroy crops or even
kill people especially in areas where wildlife go beyond the park
boundaries. Areas beyond the park boundaries are under pressure
for other land uses like cultivation and human settlement which is
making the protection of wildlife in such areas difficult because
of the land tenure system already in place.
Lake Victoria, which produces 90% of Kenya’s fish catch, is
threatened by pollution and ecological disruption from the aquatic
22
weed, the water hyacinth (Eichhornia crassipes). The use of
unauthorized fishing gear, overharvesting of fish through
uncontrolled licensing of fishermen and fishing vessels exert
further pressure on fish resources.
Marine ecosystems at the coast of Kenya which include
mangrove forests, coral reefs, creeks and estuaries, are important
for the production of marine fisheries and other life like lobsters,
prawns, crabs, oysters, and the endangered dugong. Marine
ecosystems further support tourism, agriculture and large-scale
prawn farming. Pollutants and soil transported from up-country
by rivers and run-off threaten the survival of coral fish and
estuarine species. The oil spills from tankers cris-crossing the
Indian Ocean destroy mangrove forests and marine organisms.
Other problems facing marine species include overfishing and
pollution from waste originating from coastal towns and
industries.

5. Wetlands
Wetlands are areas of marsh and water, whether natural or
artificial, permanent or temporary, static or flowing, fresh,
blackish or salt, including areas of marine water. Kenya’s
wetlands perform important functions, which include:
 Groundwater recharge and discharge;
 Water purification through pollutant removal;
 Sediment trapping;
 Water storage;
 Habitats for water birds, and diverse acquatic animal life;
 Fodder for wildlife and livestock (e.g. Amboseli National park)
especially in dry seasons;
 Products for making roofs, walls, thatching, mats, baskets,
ropes etc. (e.g. Yala Swamp);
 Extraction of medicinal products such as herbal medicine;
 Tourism and recreation (e.g. L. Nakuru);
 Sport fishing (e.g. Coastal Zone and L. Naivasha); and,
 Cultural ceremonial values.

Threats to wetlands in Kenya include:

 Overfishing (e.g. L. Victoria, L. Naivasha);
23
 Pollution (e.g. L. Nakuru, L. Naivasha);
 Drainage for farming activities (e.g. Yala swamp);
 Destruction of coral reefs;
 Destruction of mangrove forests; and
 Siltation.

6. Mountain Ecosystems
The concern for mountain ecosystem is as a result of activities
such as:- encroaching farming activities, over-harvesting of soft
and hard wood, overgrazing, forest fires and illegal land
allocations (grabbing). To improve the threatened mountain
ecosystems in Kenya, it requires focus on policy reforms in areas
such as:-
 Reducing the impact of livestock and creation of national
conservation areas;
 Integrating mountains into projects and policies of
development agenda;
 Controlled harvesting of forest products through efficient use;
 Enforcement of laws which protect forest;
 Improving knowledge about mountains through research,
monitoring and public education; and
 Reducing fire incidences through fire disaster preparedness
involving relevant ministries and local communities.

7. Water Resources
In Kenya, availability or lack of water is crucial to the
development of agriculture, industry, human settlements and
tourism. The demand for fresh water resource in Kenya is high in
both rural and urban settlements.

Environmental concerns regarding water resources include:

 Use of contaminated water which has increased incidences of
occurrence of water-related diseases;
 Problem of depletion of water as a result of mismanagement of
water catchment areas;
 Drainage of wetlands;
 Over-extraction of ground water especially in urban centers,
arid and semi-arid lands;
24
 Shortage of water in urban settlements;
 Pollution of surface and underground water from industrial
effluents, municipal waste (solid water and sewerage), and run-
off from agricultural land; and,
 Pollution of ocean water from oil spill, sewerage and dumped
toxic waste.

8. Wood fuel Energy Crisis

According to Kenya’s Economic Survey of 1998, 93.5% of
rural households use fuel wood as source of energy, while in
urban centers, 30.3% of the households use charcoal for cooking
and heating. Over 70% of domestic energy is in the form of wood
or charcoal. Wood is a renewable resource whose use can be
sustained and ecologically sound if harvesting is balanced with
replanting of trees.
This crisis is forcing people to use crop residue and dung as a
substitute. The result of substitution is loss of soil fertility and
decline in food production. According to Maathai (1988), the fuel
wood crisis forces women to trek long distances in search of fuel.
This has social and economic implications on women because
other chores are left unattended. In some cases, families have
been forced to change their diets and adopt foods that require
little energy to cook, which may be less nutritious. This
culminates in malnutrition, poor health and low productivity.
Concerns about woodfuel crisis arise because of:
 Fuel wood scarcity in many parts of the country;
 Increase in prices of fuel wood and charcoal;
 Use of agricultural residue as sources of energy;
 Rapid de-vegetation to meet energy demand in arid and semi-
arid areas;
 Rapid population growth which is putting pressure on fuel
wood supplies.

In order to meet the demand for fuelwood, various strategies have

been adopted such as:
 Reducing demand for fuelwood through the use of energy-
saving devises;

25
 Meeting the demand by promoting tree planting programmes;
and,
 Creating awareness on the need to utilize fuelwood in a
sustainable manner.

9. Urban settlements and environmental degradation

The proportion of total urban population rose from 15% in
1979 to 19% in 1989 (Economic Survey 1998). The growth is
attributed to rural-urban migration, natural population growth,
boundary extensions and influx of refugees. The rapid
urbanization in major towns such as Nairobi, Mombasa, Kisumu
and Nakuru has placed pressure on available housing,
infrastructure and other services. The mismatch between
urbanization and economic development has aggravated urban
poverty, unemployment, underemployment, crime, drug abuse
(especially in slums) and increased umber of street children.

10. Agriculture and Food Security

Agriculture, which is the practice of cultivating the land and
rearing animals, depends on the quality of the environment. In
order for agriculture to be sustainable, resources should be
utilized in such a way that needs for present and future
generations are met with minimum impact on the resource base.
Food security, on the other hand, is the access to adequate food
for normal life by each citizen.

Challenges facing agriculture in Kenya include:

 More and more mouths to feed due to rapid population growth
while arable land and food production is declining.
 High inputs in terms of agro-chemicals, which is becoming
unaffordable to farmers;
 Agro-chemicals are putting a heavy strain on the environment
in terms of land degradation (e.g. eutrophication, water
pollution, etc);
 Loss of topsoil to wind and rain;
 Loss of traditional varieties of crops and livestock which
causes dependence on hybrid seeds whose constant supply to
the farmers is not guaranteed;
26
 Low prices of farm crops (subsistence and cash crop) which
demotivate the farmers;
 Land degradation;
 Poor quality seeds supplied to farmers by unscrupulous traders;
 Loss of arable land to other land use such as extension of urban
boundaries and construction of houses, industries and
infrastructure; and,
 Climate change resulting from extreme weather conditions like
El Nino and drought;

Wrangles between farmers and their marketing institutions (e.g.

grain growers in the Rift Valley province and the Mwea Rice
farmers) have been reported. As the agriculture sector records
negative growth, food security is becoming elusive. This calls for
urgent action along the following strategies which are not
exhaustive:
 Development of drought resistant crops (e.g. sorghum, yams,
cassava, etc) and livestock;
 Monitoring and early warning systems;
 Rationalization of food import and marketing policy;
 Proper management of food reserves;
 Incentives through pricing, loan provisions etc; and,
 Provision of markets for livestock.

11. Environmental Pollution

Pollution is the presence of contaminants or pollutants in air,
water or land, which cause injuries to human, plant or animal life
and interferes with the comfortable enjoyment of life. The
environmental impact of pollutants depends on quantities,
characteristics and duration. Pollutants are generated by human
activities such as industrial processes, transport, use of chemicals
in agriculture, mining, food processing and in households.
Environmental pollution concerns include:
1. Industrial Pollution.
2. Urban pollution.
3. Noise Pollution.
4. Solid Wastes.

27
12. Disasters
Natural and man-made disasters cause damage to the
environment and infrastructure and loss of life. The major
disasters in Kenya include forest fires, lightening, droughty, pest
invasion, industrial accidents and ethnic conflicts. Fries frequently
occur in forests and national parks exposing the soil to agents of
erosion. When fire breaks, vegetation is destroyed and soil is
exposed to agents of erosion. The wild animals are also destroyed
causing loss to biological diversity.
Floods in urban centers are common because of extensive
impermeable surfaces and blocked storm sewers. While floods
and droughts are predictable, there has been inadequate
preparation for their cyclic occurrence. Since the introduction of
multi-party politics in Kenya in 1991, some areas in the country
have experienced ethnic conflicts which have resulted in massive
destruction of property, loss of life and displacement of people.
The bomb explosion which occurred in Nairobi on August 7, 1998
killing over 250 people, maiming thousands and extensively
destroying buildings affected the social and aesthetic quality of
the urban environment.
Transport accidents in Kenya are on the increase. Although
some of these are attributed to technical failure and carelessness,
the poor state of roads also cause accidents. Government
ministries have within their portfolios responsibilities to take
precautionary and remedial measures against impacts of disasters.
However inspite of precautions taken, disasters still persist
causing grievous harm to the environment.

Concerns in disaster management in Kenya include:

 Lack of comprehensive national policy and legislation on
disaster management;
 Lack of disaster preparedness which can put in place practices
that can mitigate against impacts of disasters;
 Failure to enforce building regulations which require
strengthening of structures to withstand shocks;
 Inadequate coordination mechanisms for disaster management
at all levels;

28
 Failure to enforce regulations to prevent human settlements in
disaster prone areas; and,
 Lack of disaster awareness and knowledge of actions that
individuals or groups could take in case of disaster.

Conclusion
The concern for the status and the quality of the environment
need to be translated into appropriate action. In order to address
the existing environmental problems, the government, local
communities, non-governmental organizations, private sector and
donor agencies have to be actively involved. The concern
preceded by awareness and knowledge. In order to adopt
environmental principle of living sustainably, individual and
major groups such as women, youth, indigenous people, and
community workers require appropriate environmental messages.

Written Exercise

Exercise 2.1

Q1. What are the major environmental concerns/issues in your

province?

Q2. What remedies/solutions can the government and other

stakeholders
use to address these issues?

Q3. List other environmental concerns other than those given in

this topic.

29
2.1 KENYA’S CONSTITUTIONAL AND LEGISLATIVE
FRAMEWORK ON THE ENVIRONMENT

Introduction
As already said, Kenya’s laws on the environment are to be
found in the constitution, other laws made by Parliament, by-laws
by various authorities and other entities, customary rules and
practices and international treaties and agreements. In this guide
we have chosen to deal specifically with the Constitution and the
Environmental Management and Co-ordination Act (EMCA). The
justification for this selective treatment is that the Constitution is
the supreme law of the land whereas the EMCA is the framework
legislation on the environment and therefore covers what other
laws deal with concerning the environment.

2.2.1 THE CONSTITUTION

The current constitution of Kenya does not expressly have any
provisions dealing with the protection of the environment.
However, it provides very explicitly that all have a right to life.
Looking at the examples of cases from outside Kenya such as
India and Pakistan, it is then clear that the right to life has
environmental implications. The courts in the two countries cited,
and many other countries have ruled that the word life covers all
facets of human existence. It is not limited to mere vegetative and
animal existence alone. It is said therefore that the slow poisoning
by the polluted atmosphere caused by environmental pollution
and spoliation should also be regarded as a violation of the right
to life. Such courts have held that to guarantee life yet not provide
a healthy environment is to guarantee one a meaningless life.
Many constitutions of countries now contain a provision
guaranteeing to their citizens a right to a clean and healthy
environment. Such countries include Uganda, South Africa, India,
Pakistan, Philippines, and Bangladesh. And to give meaning to
those provisions, the constitutions also make further provision on
the right to go to court to protect the environment or to prevent a
breach of one’s environmental rights.
30
 As Kenya undergoes her process of constitutional reforms,
there is strong indication that it will for the first time be provided
that all people in Kenya have a right to a clean and healthy
environment.

2.2.2 THE ENVIRONMENTAL MANAGEMENT AND CO-

ORDINATION ACT (ACT NO. 8 OF 1999)
In 1999, the Kenyan Parliament passed an environmental law
known as the Environmental Management and Co-ordination Act
(also known as EMCA) which is Kenya’s principal legislation on
matters of the environment. The development of this law took a
long process involving broad consultations and consensus
building between legal experts, environmental professionals and
the local communities among others. Once adopted by Parliament
in December 1999 it received Presidential Assent on 6 th January
2000 and came into force on 14th January 2000. Its overall
objective is to provide an appropriate legal and institutional
framework for the management of the environment and to meet
the requirements of sustainable use of natural resources.
It is worth noting that this Act does not replace hitherto
existing laws which deal with specific sectors or components of
the environment. It will be applied alongside the existing
legislation governing the different sectors of the environment.
Therefore, the Water Act, the Wildlife Management and
Coordination Act, the Forestry Act, the Fisheries Act and the
Physical Planning Act, to name but a few will still continue to
apply and the law expects that the technical directors of the
respective departments will assume a major role as Lead
Agencies. However, where the previous legislation has provisions
that conflict with it, the provisions of the Environmental
Management and Co-ordination Act will override that other law to
the extent of that conflict. For instance, where a law did not
provide for the public to be consulted that is now mandatory
under the EMCA. In the event that the departmental or sectoral
director fails to take action then the Director-General or head of
the national Environmental Management Authority will intervene
to ensure that action is taken to protect the environment.

31
 Additionally, the EMCA has revolutionized environmental
management in this country in several other ways. We discuss
some of these below.
 The right to a clean and healthy environment
The EMCA has for the first time in Kenya’s legislative history
provided that everyone in Kenya is entitled to a clean and healthy
environment and has a duty to safeguard and enhance the
environment.
The right to a clean and healthy environment means that every
person is entitled to have access to and enjoy the various elements
of the environment for recreational, educational, health, spiritual
and cultural purposes.
In addition to giving rights, the Act also confers duties. Unlike
rights, environmental duties are not entitlements. Rather they are
action requirements intended to ensure that the entitlements are
not only respected and protected but also in fact, achievable. For
this reason, we cannot talk of a single category of duties. The
literature identifies at least four sets of duties.
The first is to refrain from activities injuries to the
environment or any component of it. An example is not to engage
in improper waste disposal. The second is to perform specific
tasks on a regular basis to ensure environmental quality at all
times. An example will be to carry out garbage collection and
cleaning exercises. The third is to guarantee a floor of quality
enough to ensure that all survive, especially the human species.
Unlike the second, there is no call to enhance environmental
quality. Rather, the focus is to prevent loss of quality. For
instance, by not destroying forests, we ensure that the quality of
the ecosystems are guaranteed. The fourth duty is to police,
supervise, monitor and evaluate the performance of individuals
and all agencies on which the first three or any other duties are
imposed.
These rights and duties are not just conferred and imposed on
natural persons, but artificial persons as well. Such unnatural
persons that are recognized by the Act include companies, Non-
Governmental Organizations (NGOs), Community Based
Organizations (CBOs) and such other similar associations.

32
 Locus Standi
Locus Standi means the legal right that one has to bring a suit
in a court of law. The general rule that is followed by the courts is
that in order for a person to take a case to courts, they have to
show that they have some direct personal interest on the matter.
The strict application of this rule to environmental matters has led
to a number of such suits not being heard in their merits; for quite
often in such cases, the danger or harm may not be attributed to
any specific individual or entity. One such case was the case that
was brought by Prof. Wangari Maathai against Kenya Media
Trust Corporation. In this case Prof. Wangari went to court to stop
the proposed construction of a multi-storey building at Uhuru
Park. The court dismissed the suit claiming that she had no legal
right to be in court on the matter. The court reasoned that in cases
of violations to the environment affecting the public generally
then the person who has an interest and right to sue in the case is
the Attorney General and not a private citizen. This position has
been taken by a number of judges in other cases as well. These
cases include Wangari Maathai –vs- Nairobi City Council, where
the Plaintiff had sought a declaration that the subdivision and sale
of the Council’s plots was unlawful; Lawrence Nginyo Kariuki –
vs- County Council of Kiambu, where the court rejected the
plantiff’s argument that because he was a shareholder of a
farming company that owned land adjacent to a forest, which the
respondent proposed to alienate, he had sufficient interest to
maintain a suit for restraining orders; and most recently in Law
Society of Kenya –vs- Commissioner of Lands & Others, where
the judge ruled that it was only the Attorney General who could
bring the suit to court.
However, this judicial position has also been met by a
divergent view which is to recognize locus standi. This has been
stated in several cases among them, Rodgers Muema Nzioka & 2
Others –vs- Tiomin Kenya Limited; R –vs- Ministger for Finance
& Others ex parte Kenya Bankers Association; and Niaz
Mohamed Jan Mohamed & Others –vs- Commissioner of Lands &
Others. This divergence caused a lot of confusion on what the law
actually was.

33
 However, this confusion has been resolved with the question
of locus standi having received specific positive mention in the
EMCA. Specifically and most importantly, the Act gives any
citizen, either as an individual or as a group the right to bring a
case to court against any person or organization who is doing
harm to the environment. Henceforth, it is not necessary to show
that the right or interest has been directly violated or is likely to be
violated. This provision promises to be a very useful tool in the
fight for the protection of the environment.
It is important to note, however, that even as the Act widens
the scope and meaning of locus standi, it also provides that the
case must not be frivolous or vexatious. In other words the case
must not be one that has no merits and which is merely meant to
waste the time of the court. The intention of this provision is to
guard against many cases being taken to court and taking the
court’s time yet they have no merit. The safeguard therefore, is to
provide minimum standards that have to be met before a case is
heard by the court. Furthermore, there are also some other ways
and means in addition to courts, which could be utilized by
ordinary citizens to the same effect.

 Public participation in decision-making

Public participation is where the citizens take part in the
process of arriving at decisions about the activities that are
proposed to be undertaken. The right of public participation can
take many forms, the right to know about pending government
decisions (including legislative, administrative and policy
decisions), public hearings, the opportunity to present written or
oral comments and evidence, the requirement that government
consider citizen comments and the opportunity to present
petitions, complaints, or grievances to administrative authorities.
The involvement of citizens in governmental processes
enables the citizens to influence the decisions and bring their
perspectives to bear on the decision-making process. A decision
arrived at with the involvement of citizens also has greater
legitimacy and more chances of being successfully implemented.
It has long since been recognized that if citizens are to have
the requisite sense of responsibility towards the environment, then
34
they must be able to perceive their own involvement not merely
with the environment as a retreat but in the routine activities that
affect their surroundings. The public must become increasingly
involved, through individual and group inputs, in the decision-
making process both at the point when a development scheme is
proposed and then during its formulation and implementation. In
this way not only will the public become committed to the well
being of the environment, but also it will understand more fully
the implications of environmental quality.
One of the fundamental ways of ensuring public participation
is through the process of Environmental Impact Assessment
(EIA). The process of EIA basically means an analysis of the
likely environmental effects of a proposed human activity. Its
purpose is to ascertain the probable effects and determine explicit
strategies for mitigation and amelioration. In some instances,
alternatives for achieving the goals of the activity are examined.
As part of the EIA process, the EMCA puts a duty on the
National Environmental Management Authority to cause to be
published for two consecutive weeks and in a newspaper
circulating in the area or proposed area of a project, a notice
containing:
(a) A summary description of the project;
(b) The place where the project is to be carried out;
(c) The place where the environmental impact assessment
study, evaluation or review report may be inspected; and
(d) A time limit not exceeding sixty days from the date on
which the notice is last published in the newspaper for
submission of comments.
The Act, then in the Second Schedule contains a list of
projects for which an Environmental Impact Assessment must be
carried out. Generally they are:
1. Any activity out of character with their surrounding;
2. Any structure of a scale not in keeping with its
surrounding; and;
3. Major changes in land use.
Based on the above three general categories, the schedule then
lists fourteen types of projects for which an EIA must be
undertaken. These projects are:
35
  Urban development including establishment of industrial
estates, shopping centers and designation of new townships
 Major transportation projects like construction of all major
roads, railway lines and airfields
 Dams and flood control schemes
 Aerial spraying
 Mining
 Forestry related activities including timber harvesting,
clearance of forests and both afforestation and reforestation
activities
 Agriculture including large scale agriculture, use of
pesticides, introduction of new crops and animals, use of
fertilizers and irrigation
 Processing and manufacturing industries
 Electrical infrastructure
 Waste disposal
 Establishment of Natural conservation areas;
 Nuclear reactors; and
 Major development in biotechnology including
introduction and testing of genetically modified organisms.
There are at least three recent instances in Kenya in which the
issue of environmental impact assessment as a tool of public
participation has arisen. These are the cases of titanium mining in
Kwale, the forestry excisions in various places countrywide and
the Sondu Miriu power project.
In the titanium case, a Canadian company M/s Tiomin
Resources Inc sought to mine titanium in Kwale district
within the coast of Kenya. Several issues arose among
them inadequate environmental impact assessment that
was done by the company. A section of the farmers who
were to be moved from the proposed mining site went to
court, sought and obtained an injunction on grounds
among others that the company was yet to do a proper
EIA. The judge agreed with the farmers that the company
was required by law to do so. Additionally, it was evident
that the compensation figures offered to the farmers were
arrived without consultation with the public especially
those to be affected. This case stood to offer good
36
 prospects for judicial statement on environmental impact
assessment as a tool for public participation. However,
the case was later compromised between the various
parties.
On the other hand, there is also the very serious and recent
issue of forestry excisions. The latest of this phenomenon was
experienced some time last year when the then government
expressed through various gazette notices its intention to excise
over 167,000 acres of forests. A number of organizations and
individuals opposed to this move by the government. Some of the
organizations and individuals concerned therefore resorted to
court action and filed a representative suit; being High Court of
Kenya Misc. Civil Application Number 421 of 202, R Vs
MINISTER FOR ENVIRONMENT AND NATAURAL
RESOURCES AND OTHERS EXPARTE KENYA ALLIANCE
OF RESIDENT ASSOCIATIONS AND OTHERS(a judicial
review application). The application sought various orders among
which were writs of certiorari to quash those gazette notices,
several orders of prohibition to stop the government from dealing
with those forest areas in a manner that is detrimental to the
country’s health. It must be mentioned that presently, Kenya’s
forest cover is a meager 1.7% as opposed to the internationally
accepted 10% of the country’s physical area. Among the reasons
cited in opposition to the excisions is that the government failed
to ensure public participation in the matter by for example
responding to the numerous comments and/or through the process
of EIA. It is contended in the case that had the government
involved the public in making decisions about the excisions, it
would most certainly have arrived at a decision that the proposed
excisions did not mean well for the environment and the country.
The court granted orders stopping the government from
proceeding with the exercise until the matter is fully heard and
determined.
Then there is the issue of the Sondu Miriu power project.
Located some 63 km from Kisumu city, the project is centred in
Nyakach constituency, but it also cuts into neighboring Kasipul-
Kabondo and Karachuonyo constituencies. It is based on the
waters of Sondu Miriu River, one of the six major rivers in the
37
Lake Victoria basin in the Western part of Kenya. Upon
completion it is expected to add an additional 60MW into the
national power grid.
On one hand, Kenya needs the extra electricity that the dam
would produce in order to boost its national grid electricity output
that has suffered massive load shedding over the last decade. Its
success is priority in the government’s energy development
agenda. On the other hand, the effects of the project and its dam
on surrounding inhabitants could be disastrous. According to the
EIA conducted. 30 km of river could dry up, cutting off or
severely limiting the only water supply of more than 1,500
people. This could also affect their food supply, given that they
use the river water to irrigate their plants; and in addition to lost
irrigation ability, they would also lose their supply of fish. In view
of these effects, it was necessary that the members of the public
be involved in decision-making processes. In any event, the
project also meant that a number of the inhabitants had to be
resettled elsewhere. Indeed, it was through the process of public
participation that the possible effects of the project were
discovered.
Thus, due to the serious importance of EIA all local
communities are encouraged to participate and give their views
about the proposed projects in their local areas.

Conclusions and Recommendations

The legal and policy framework for the management of the
environment has improved in the recent past. Citizens have a
much wider space for participating in environmental
management. This guide sought to sketch this space. Several
conclusions can be made from the discussion thus far.
The first conclusion is with respect to an entitlement to an
environment that guarantees good health and development for the
people. As was noted the courts have relied heavily on
constitutional provisions in making orders that have been
protective of the environment. It is universally recognized that a
constitution is the supreme law of any country. Expression of
environmental rights and duties in any constitution places such
provisions above all laws in the land. Constitutional provisions
38
amongst other things, underline national priorities and hence
determine the direction and nature of future legislative policies
and executive actions. Thus the elevation of environmental
concerns to constitutional status no doubt enhances the priority
likely to be conferred by Governments on sound national
environmental management and sustainable development.
The Environmental Management and Co-ordination Act at
Section 3 (1) provides that “Every person in Kenya is entitled to a
clean and healthy environment and has the duty to safeguard and
enhance the environment”. However, for greater protection, it is
necessary to elevate this “entitlement” to the constitution as a
justifiable “right”, i.e. as a direct fundamental right, which carries
actionable obligations. In other words, the constitutional language
must be unequivocal in granting the right for public participation
to protect the environment.
The recommendation above is further based on the fact that
the conferment of a right to a clean and healthy environment
simultaneously comes with a widened provision on locus standi.
Thus, while appreciating that the courts in Kenya are already
showing their reception of a wider interpretation of the concept of
locus standi, such constitutional provisions would put the matter
beyond doubt or any possible challenges. Happily the draft
constitution prepared by the Constitution of Kenya Review
Commission already includes a provision guaranteeing the right
to a clean and healthy environment. When this is passed into law,
the process of environmental management will be greatly helped.
Article 62 of the Draft Constitution of Kenya

63 (1) everyone has the right –

(a) To an environment that is safe for life and health.
(b) To have the environment protected, for the benefit of
present and
Future generations, through reasonable legislative and
other measures that-
(i) prevent pollution and ecological degradation;
(ii) promote conservation; and

39
 (iii) secure ecologically sustainable development and
use of natural resources while promoting economic and
social development
(c) to free access to information about the environmental
situation
(d) to compensation for damage arising from the violation
of the rights recognized in this Article.
The second conclusion is with respect to award of costs in
public interest actions in general and environmental suits in
particular. Environmental degradation affects to a very large
extent the poor folk more than the rich. This poor lot at the same
time suffers from other forms of poverty such as lack of education
and general ignorance. Even where they are aware that they have
rights that they can enforce, they are not able to do so due to
exorbitant costs of filing court actions- both in terms of actual
court fees and a possible slap of costs in the event of loss of the
suit to the defendant. Costs act as a disincentive to public interest
litigation generally and environmental suits in particular. It thus
discourages or otherwise negatively impacts on the role of courts
in environmental management. We therefore recommend that the
local communities should try as much as possible to use other
ways of seeking redress other than the courts. The courts may
then only remain as an instrument of last resort.
Several useful avenues already exist for citizens’ involvement
in environmental management. Citizens need to take advantage of
this to play their role in efforts to manage our environment. These
include:
1. Being members of District and Provincial Environmental
Committees;
2. Reporting cases of environmental degradation to the District
Environmental Committees, Provincial Environmental
Committees, the National Environmental Tribunal, the Public
complaints Committee, Courts and other agencies;
3. Forming and participating in Community-Based
organizations for environmental management;
4. Lobbying for the sound management for the environment in
the locality and actually participating in efforts at proper
management of the environment;
40
 5. Networking with other citizen groups; and
Teaching other members of the community on their role in
environmental management and opportunities for their
participation in sound management of the environment.

Written Exercise

Exercise 2.2

Q1. In what ways have you participated in decision-making

concerning environmental/resources use and management.

Q2. Give some other recent instances in Kenya, in which the issue
of environmental impact assessment as a tool of public
participation has arisen.

Q3. Site instances when the right to a clean and healthy

environment are violated, i.e. one is denied access to and
enjoyment of the various elements of the environment for
recreation, education, health, spiritual and cultural purposes.

41
 UNIT 3

ENVIRONMENTAL SUSTAINABILITY

Objectives

At the end of the topic learners should be able to:

 Assess the concept of environmental sustainability i.e. the
relationship between development and environment.

 Identify some of the current environmental challenges in the

21st Century.

 Show the growing demands placed on the environment to

provide resources for human activity and to absorb wastes.

3.1.1 DEVELOPMENT AND ENVIRONMENTAL

SUSTAINABILITY

 Development:
“The challenge of development . . . is to improve the quality of
life generally calls for higher incomes, - but it involves much
more. It encompasses as ends in themselves better education,
higher standards of health and nutrition, less poverty, a cleaner
environment, more equality of opportunity, greater individual
freedom, and a richer cultural life.”
Development must therefore be conceived of as a
multidimensional process involving major changes in social
structures, popular attitudes, and national institutions, as well as
the acceleration of economic growth, the reduction of inequality,
and the eradication of poverty.

Three basic components or core values should serve as a

conceptual basis and practical guideline for understanding the
inner meaning of development. These core values – sustenance,
self-esteem, and freedom – represent common goals sought by all
individuals and societies.
42
(a)Sustenance: The ability to meet basic human needs – food,
shelter, health, and protection.
(b) Self-esteem: To be a person – a sense of worth and self
respect.
(c)Freedom from servitude: To be able to choose – human
freedom. Also encompasses various components of political
freedom including personal security, the rule of law, freedom
of expression, political participation, and equality of
opportunity.
There are International Development Targets (IDTs), which
have been agreed upon by the entire United Nations membership,
following a series of summit meetings held by UN and its
specialized agencies. The meetings discussed progress in poverty
reduction and sustainable development and set targets for
measuring their progress.
1. Economic well-being
 A reduction by one-half in the proportion of people living in
extreme poverty by 2015.
2. Social and Human Development
 Universal primary education in all countries by 2015.
 Demonstrated progress towards gender equality and the
empowerment of women by eliminating gender disparity in
primary and secondary education by 2005.
 A reduction by two-thirds in the mortality rates for infants
and children under age 5 by 2015.
 A reduction by three-fourths in maternal mortality by 2015.
 Access through the primary health-care systems to
reproductive health services for all individuals of
appropriate ages as soon as possible and no later than the
year 2015.
3. Environmental Sustainability and Regeneration
 The implementation of national strategies for sustainable
development in all countries by 2005, so as to ensure that
current trends in the loss of environmental resources are
effectively reversed at both global and national level by
2015.
NB: While not amenable to quantification, there is a range of
qualitative elements of development that are essential to the
43
 attainment of quantitative goals. These include democratic
accountability, the protection of human rights and the rule of
Law.

 Sustainable Development
In 1987, World Commission on Environment and Development
(WCED), defined sustainable development as “development
which meets the needs of the present without compromising our
ability to meet those of the future.”
Sustainable development requires the effective integration of
the economic, social and environmental dimensions of
development. It is a process of social and economic betterment
that satisfies the needs and values of all interest groups, while
maintaining future options and conserving natural resources and
diversity. It is a complex concept, incorporating the following
principles:
- Ecological sustainability, requires that development be
compatible with the maintenance of ecological processes,
biological diversity, and biological resources.
- Social sustainability, requires that development increases
people’s control over their lives; and maintain and strengthen
community identity.
- Cultural sustainability, requires that development be
compatible with the culture and values of the people affected by
it.
- Economic sustainability, requires that development be
economically efficient and that it be equitable within and
between generations.
 Goals of sustainable development are:
1. the survival and well-being of people.
2. the survival and well-being of all other species.

 Symptoms of unsustainability:
- Ecological symptoms:
(1) Global warning. (2) Depletion of stratospheric ozone layer.
(3) Acid rain and photochemical oxidants. (4) Destruction and
degradation of forests. (5) Extinction of species and genepools.
(6) Destination of agricultural resources.
44
- Social and cultural symptoms: (1) Wars and mass destruction
(2) Denial of people of control over their own lives.
- Economic symptoms: (1) Economic inefficiency. (2) Inequities
within generations (3) Inequities between generations.
 Causes of unsustainability
1. Human population growth
2. High per capita environmental demand (use).
3. Management of environmental demand (use).

Written Exercise

Exercise 3.1

Q1. In your own words, define development to reflect the multi-

dimensional aspects of the development process.

Q2. Give valid examples from your province, of specific

symptoms of unsustainable.

3.2 THE CURRENT ENVIRONMENTAL CHALLENGE

Introduction
The environment is under threat. The demands placed on it to
provide resources for human activity and to absorb wastes have
grown rapidly with rising population and increasing per capital
consumption.
Inadequate protection and conservation of the environment has
led to substantial direct and indirect impacts on the health and
livelihoods of human populations throughout the world. The most
pressing environmental problems experienced vary greatly from
region to region, and country to country, and defy single global
solutions. Many environmental problems are causing damage for
beyond their local sites of origin; others, such as climate change,
constitute a global threat. In addition, new environmental
problems are emerging in the 21st century.

I. Environment and Health

45
Environmental factors are responsible for almost a quarter of all
disease in developing countries.
 For urban populations the most important hazard, is faecal
contamination
 of water and food due to poor or non-existent excreta disposal
systems and inadequate hygiene, compounded by unreliable
and unsafe domestic water supply.
 90% of the global burden of malaria, which is estimated to kill
one in twenty children under five years of age in sub-Saharan
Africa, is attributable to environmental factors.
 Exposure to high levels of indoor pollution from cooking and
heating with inefficient fuels in poorly ventilated areas. This
contributes to acute respiratory infections.
 Inefficient collection, storage and disposal of municipal and
hazardous wastes results in the spread of disease and pollution.
 Rural populations suffer from exposure to hazardous farm
chemicals e.g. pesticides.

II. Environment and Livelihoods:

The environment has many implications for the livelihoods of the
poor in developing countries, especially women and children.
 Soil degradation is a threat to the rural poor, which is estimated
to affect some 1,900 million hectares of land globally.
 Deforestation, which deprive people of valuable forest
resources such as wood products, food and medicine.
 Degradation of coastal areas is leading to the destruction of
ecosystems such as mangrove and coral reefs, which are
important for sustainability of fish stocks and coastal
production.
 Loss of biodiversity, which affect the poor who have no
alternative but to remain directly dependent on biodiverse
ecosystems for food, medicines and shelter.
 Increasing water demands (for agriculture, industry, and
domestic uses) threaten the quality, quantity and reliability of
water supplies.
 Pollution of ground/surface waters by industrial discharges,
agricultural runoff, and faecal pollution further constraints
water use options, can create or exacerbate health problems,
46
 and leads to additional degradation of river and lake
ecosystems.
 Natural disasters such as floods, storms, droughts and
handslides have a greater and disproportionate impact upon the
poor, because a growing proportion of them often live and
work in places that are more vulnerable to disasters.

III. Regional Environmental Problems

The wide range of environmental problems occurring throughout
the world are testament to the complexity of the interactions
taking place between human populations and their environment.
 Africa: Deforestation; soil degradation and deserti- fication;
declining biodiversity and marine resources; and deteriorating
water and air quality.
 Asia: High population densities; land degradation,
industrialization and economic growth; and degradation of
coastal habitats and unsustainable acquaculture practices.
 Latin America: Lack of effective environmental planning in
urban areas, where 75% of the population live, which has led
to poor environmental healths, ineffective solid waster
management, disposal and air pollution, exacerbated by
overcrowding and insanitary conditions. Also, the depletion
and destruction of forests in the Amazon basin, and the
biodiversity held within them. Also, prone to natural disasters
such as flooding, earthquakes & hurricanes.
 Central and Eastern Europe and Asia: Has experienced
enormously costly environmental disasters which are of
national significance and affect both health and livelihoods of
the poor, as well as impending future economic growth and
foreign investment e.g. the Chernobyl disaster in Ukraine. Also
industrial pollution, solid waste problems, air pollution, and
unplanned urban settlements without proper environmental
infrastructure.
 Small Island states: The economies of small Island states are
highly dependent on the natural and physical environment.
They are vulnerable to natural and environmental disasters and
have limited capacity to respond and recover e.g. sea level rise,
soil erosion, landslides, damage to infrastructure, flooding and
47
 general degradation of water and coastal environmental
resources through pollution.
 Western Europe and North America: Environmental threats
associated with industrialization and unsustainable use of
natural resources. pollution, decline in commercial fish stocks,
exposure to pesticides and other toxic chemicals, food hygiene
and the use of genetically modified organisms.

IV. Transboundary and Emerging environmental problems in

the
21st Century
Environmental problems do not respect national boundaries.
Conflict over access to shared water resources is growing in many
regions of he world, including South Asia, the Middle East,
Central Asia and North Africa. Persistent organic pollutants used
in one country can have effects in countries thousands of miles
away.

Examples of transboundary environmental problems include:

 The emission of substances that cause stratospheric ozone
depletion.
 The emission of carbondioxide which causes climate change.
 Genetic modification technologies: There isn’t much
understanding of the possible environmental consequences of
widespread release and use of genetically modified organisms
(GMOs).
 Increased economic activity (World tradeflows) from trade
liberalization can lead to environmental damage, without the
implementation of appropriate environmental policies in all
countries.

Written Exercise

Exercise 3.2

Q1. Citing examples from your community, illustrate the

relationships (linkages) in the following:
(i) Environment and Health
48
 (ii) Environment and Livelihood

Q2. Suggest measures to mitigate the health problems in your

community.

Q3. How has the development process affected the environment

in your community? (Both positive and negative effects).

49
 UNIT 4

THE GLOBAL ENVIRONMENT

Objectives

By the end of the topic the learner should be able to:

 Distinguish between positive and negative externalities.

 Show the relationship between property rights and

externalities.

 Relate the emerging global environmental problems with the

negative externalities.

4.1.1 POSITIVE AND NEGATIVE EXTERNALITIES

 An externality can be defined as an unintentional and thus

uncompensated side effects of production and consumption
that affect the levels of consumer utility and enterprise costs.
Most externalities occur as a by-product of market
transactions. Externalities are those gains and losses sustained
by others as a result of actions initiated by producers or
consumers or both, and for which no compensation is paid.
Externalities are sometimes called ‘third party effects’,
‘neighbourhood effects’ or ‘spillovers’.
Positive externality: An unpaid-for benefit enjoyed by others
in society.
Example: A parent vaccinating her child for infectious disease
creates a positive externality by reducing the ability of a
disease epidemic to spread and affect others in society. Or A
college student purchasing an education produces external
benefits to society in the form of being a more informed
citizen.
Negative externality: An uncompensated, human-caused
harm/cost to others in society e.g. environmental pollution.
Example: Consider a chemical firm which discharges toxic
waste into a river estuary, killing all the fish and resulting in
50
 the loss of livelihood of a fisherman: no compensation is paid
for this result in the loss. Similarly, the discharge of unclean
water from an industrial city into a river may result in the loss
of recreational activities like swimming, boating etc, yet no
compensation is claimed for the loss of these pleasures, nor are
these external costs included in the cost calculations of the
polluting firms and other agents.
The most important externalities are those which affect the
environment within which human beings seek to satisfy their
economic and biological needs.
A close examination of any economic activity is likely to
reveal both positive and negative externalities and a web of
initiating agents and affected parties, as illustrated in the
figure below.

Firms and Consumers may generate and be affected by

externalities

Initiating agent Initiating agent

= FIRM = CONSUMER

Affected party Affected party

= FIRM = CONSUMER

The arrows show the direction of the effects the initiating

agents produce on firms or consumers. e.g. Consider an asbestos
factory: It may provide jobs to local residents, thereby raising
their living standards (a positive production externality benefiting
consumers). At the same time, the emission of asbestos dust may
endanger the health of the employees and local residents (a
negative production externality harming consumers). Yet again,
the firm/factory may provide work to local building and catering
firms (a positive production externality benefiting other
producers/firms). By the same token, the factory may discharge
51
its wastes into a river, thereby affecting the profit levels of firms
downstream dependent on the supply of clean water from the river
(a negative production externality harming producers).
An important problem is how to determine whether given
externality-generating activity is one of net external costs (i.e. a
negative externality) or net external benefits (i.e. a positive
externality). Generally, if the externality leads to a net increase in
the total of consumer and producer surplus (benefit), it can be said
to be a positive externality and, in that case, state action might be
called for, to encourage it. Conversely, if the externality leads to a
net reduction in the total of consumer and producer surplus
(benefit), government action may be called for, to curtail or even
to ban it completely.

4.1.2 CAUSES OF EXTERNALITIES

1. Interaction between the economic system and the

environment
Every economic activity begins and ends with the
environment: All initiating agents draw resources, such as air,
water and raw materials, from the environment. They then
transform these resources partly directly into consumption, and
partly into the production of intermediate and finished goods.
The resources are then returned to the environment as wastes –
e.g. in the form of polluted air, unclean water, empty tins and
bottles.

2. Lack of developed markets

Most societies have developed markets for intermediate and
finished goods and services. They also have labour markets for
human resources. Markets for some environmental resources,
however, are non-existent – e.g. there can be no market for
fresh air. In other instances, markets do not take account of the
full social cost to future generations: this may be the case in
markets for non-renewable resources like oil, coal and copper.
Major deficiencies exist in the markets for waste disposal;
indeed, producers and consumers often regard the environment

52
 as a free good for waste disposal (i.e. ‘environment as a waste
sink’).

3. Interdependence of production and consumption

This interdependence of production and consumption activities
generates potential externalities. An illustration of such
externalities has already been given above in the discussion of
an asbestos factory imposing externalities on both production
and consumption.

4. Incomplete property rights

Since human societies have less developed private and
community property rights over resources like land, air, space
and water than over other goods, both positive and negative
externalities can arise. It is because these resources cannot be
easily owned that firms and consumers are not excluded from
using them in ways which affect third parties.
Example: Offshore fishing grounds in the oceans over
which no country has jurisdiction. No property rights exists
over these waters, so fishing fleets from different countries
cannot be excluded. In this situation, the fishing fleets may
display insufficient regard for the long-term consequences of
their actions. Over-fishing may occur, with the result that fish
stocks are seriously depleted. This may, in turn, threaten the
livelihood of all those who depend on these fishing grounds for
their living.

4.1.3 PROPERTY RIGHTS AND EXTERNALITIES

Property rights represent an enforceable authority to undertake

particular actions in specific circumstances. The common-law
tradition protects the integrity of property rights e.g. If someone is
known to have dumped garbage on your front yard, this act is
punishable (through criminal and/or civil sanction) because it
impairs the value of your property.
Certain aspects of our environment – including the air, ocean,
wildlife and ground water – are not privately owned, however,

53
and so damage to them does not directly impair the value of
someone’s property.
Both state and common property regimes have developed to
prevent degradation of valuable resources that are not privately
owned. Schlager and Ostrom (1992) identified five (5) important
elements of property rights:
 Access: The right to enjoy benefits of the property that do not
subtract from benefits that others can enjoy, such as walking
along a public beach. Authorised entrants have access rights,
such as those which are purchased with entry fees at national
parks/reserves.
 Withdrawal: The right to withdraw the product of the
property, such as harvesting fish from a fishery. Authorised
users have both access and withdrawal rights, such as those
which are acquired with the purchase of a fishing license or
fuelwood-gathering permits from a national forest.
 Management: The right to regulate use and improvements.
The term ‘claimant’ is used to refer to those who hold access,
withdrawal and management rights, such as farmers who
participate in the management of government owned irrigation
systems.
 Exclusion: The right to determine who has access and who
can be excluded from using the property. The term
‘proprietor’ is used to refer to those who hold access,
withdrawal, management and exclusion rights.
 Alienation/Transferability: The right to sell or lease the
property. The ‘owners’ possess all the rights of the proprietors
along with the right of alienation. Private property falls under
this category, although owners can also be governments or
communities.

Property rights scholars distinguish four different classes or

regimes based on who holds property rights.
1. Private property rights: Rights held by an identified group of
proprietors.
2. Common property rights: Rights held by an identified group
of
proprietors.
54
3. State property rights: Rights held by government.
4. Open access: No ownership rights assigned; property open to
all; common law of capture applies; no duties; applies to
oceans and sea floor resources beyond national boundaries, as
well as many elements of the world’s atmosphere, among
others, no recognized property rights give one group the right
to limit use of others.

As Hanna S. (1996) states; “Property rights regimes do not

exist as two opposing types but rather as combinations along a
spectrum from the open access to private ownership… second, no
single type of property rights regime can be prescribed as a
remedy for (all) problems of resource degradation and overuse….
The key attribute of an effective property rights regime is that it is
context specific, reflecting environmental, economic, social and
political conditions.”

At least in principle, pollution or other harms (negative

externalities) on private, state or common property are punishable
under traditional common law, which can provide a deterrent.
Pollution or other harms (negative externalities) to open-access
resources such as the world’s atmosphere, however, are not
punishable unless specific national or international environmental
regulations are devised that impose sanctions on polluters.
Thus, if a profit-maximising firm can avoid clean-up costs by
polluting an open-access resources, there is no legal sanction to
deter such an action. Consequently an important step in
protecting the environment is assigning a property right of some
form.
The type of property rights regime that is appropriate depends
on factors such as the nature of the resource, the culture and
values of society, and the costs of monitoring and excluding use
e.g. resources such as air, oceans, groundwater, and fisheries are
fugitive resources, meaning that it is difficult to partition the
stock of the resource into individually owned parcels; thus these
resources are less likely to be private property and more likely to
be common property or state property.

55
Written Exercise

Exercise 4.1

[Link] empirical examples of externalities arising out of the

economic activities in your community.

[Link] measures to mitigate the negative externalities in part

1 above.

4.1.4 EXTERNALITIES AND THE GLOBAL

ENVIRONMENT

Economic activities are undertaken to satisfy individuals’

wants for goods like food, shelter, and clothing. Society also has
group wants for goods like defense, clean air and water.
Environmental pollution, such as unclean air and water that
transcend national boundaries, is a by-product of economic
activities. Environmental pollution on such large-scale is
synonymous with negative externalities in the global
environment.
Environmental pollution is an important factor that affects
welfare. There is interdependence of the welfare of countries as a
result of the impact of global externalities. In the global context,
and in addition to consumers and producers as generators of
externalities, national governments also may be important to the
extent which they contribute to environmental pollution. This
might be, for example, through either failure to enforce rules and
regulations of minimum environmental standards, or connivance
at the discharge of effluents into rivers or seas.

 Transboundary externality
Consider, for example, acid vain which is often attributed to
the emission of sulphur oxides into the atmosphere. A
transboundary externality occurs because sulphur oxides emitted
from the burning of fossil fuels in the country may contribute to
acid vain in other countries. This externality shows up in
56
detrimental effects on the ground and surface water, on freshwater
fish in rivers and lakes, and on forests. Yet, no means exists to
ascertain the precise levels of damage in the victim country, nor is
there a mechanism to enable compensation to be claimed.
Nevertheless, acid vain as an environmental externality is an
example of mutual damage: The emitters of pollutants inflict
damage not only on themselves and on other countries, but are
themselves damaged by emissions from other countries. As a
result, it is impossible to determine the precise sources of the
pollution and damage sustained.
Thus there are mutual externalities in the world economy,
however, some environmental externalities are unidirectional, e.g.
A river that flows through several countries: it receives industrial
and toxic wastes, supplies part of their water needs and also acts
as a recreational amenity. With the application of sufficient
resources, the polluters, the sufferers and the level of damage
sustained could all be ascertained due to the unidirectional nature
of the pollution.

 The phenomenon of Global Warming

The phenomenon is so called because of the gradual warming
up of the earth’s atmosphere and the possibility of associated
changes in the global weather pattern as a result of emissions into
the atmosphere of such gases as carbondioxide, carbon monoxide,
nitrous oxide and methane. These gases are generally referred to
as greenhouse gases (GHGs). The emissions of GHGs and their
consequent concentration in the atmosphere are the result of
production and consumption activities not of a single nation, but
of all those nations which burn fossil fuels.
The burning of fossil fuels, like coal, oil and gas to generate
electricity, is the major contributor to emissions which produce
global warming, also referred to as the greenhouse effect.
|
 The environment as a global public good
Many environmental resources provide a flow of service to
producers and consumers over time. The earth’s atmosphere, for
example, may be viewed as an important public good providing a
vital life support system. More specifically, clean air and the
57
ozone layer are major contributors to the sustenance of life. Many
of the resources found in the natural environment are vulnerable
and also have the characteristics of public goods.
Fishing and whaling on the high seas, for example, yield
direct benefits to nations which have access to these natural
resources. Fish and whales, at the same time, are able to
reproduce and multiply themselves in their habitats. Amongst the
plant populations, the tropical rainforests do not merely yield
direct benefits, like timber products and protection against soil
erosion, but also provide vital ecosystem services of the biosphere
to human populations. These forests are, thus, not merely
repositories of biological diversity, such as animal and insect life
and plant species, but they also play a significant part in the
recycling of carbon dioxide and other gases.
Some environmental resources confer indirect benefits
because of their ‘existence value’. Today, many tend to associate
their well-being with the preservation of species, which face
threats of extinction, on the grounds that every species has a right
to exist. On these grounds, people derive welfare when an
endangered species is preserved and thus is available for the
enjoyment of present and future generations.
The environment as a ‘global waste sink’ is another important
public good shared by all nations. Because of the absence of
property rights over the environment as the supplier of renewable
resources and as a global waste sink, the environment is
sometimes known as global commons). This is because there is no
exclusion principle in operation, in the sense that, for example,
fishing grounds on the high seas (as global commons) are shared
freely (without any price for access) by all nations. However,
many environmental resources do not belong to the category of
‘pure’ public goods. There are capacity limitations on the
provisions on their benefits (i.e. positive externalities) to
producers and consumers. Inspite of their capacity limitations,
resources are vulnerable to excessive use.
Producers, consumers and national governments tend to regard
them as ‘free goods’. This is because of the absence of markets
for most of these goods. The existence of zero user prices
encourages their excessive consumption.
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Written Exercise

Exercise 4.2

Q1. List the various resources that Kenya shares with other
nations.

Q2. Give examples of the conflict that has resulted as various

nations use of these resources.

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