Review of the environmental oversight framework in Kenya, in light of a nuclear power programme

By means of an Environmental Impact Assessment (EIA), environmental impacts associated with Nuclear Power Plants (NPPs) can be identified and evaluated. International approaches and guidelines indicate that nuclear newcomer countries such as Kenya need to ensure that the national legal and regulatory framework for environmental protection accounts for the unique safety and environmental aspects of such an endeavor. In particular, existing laws may require amendment and/or supplement. Moreover, the responsibilities of the environmental agency and nuclear regulatory body, in environmental oversight of NPPs will need to be legally defined in order to prevent overlapping of responsibilities and to minimize the potential for project delay. Case histories of countries with advanced nuclear power programmes were performed to identify strategies which align with best environmental management practices, as relevant to newcomer countries such as Kenya. A review of the environmental assessment framework for United States and Canada indicates similar approaches whereby the nuclear regulatory body has the sole responsibility in EIA. However, in Sweden, NPPs are required to receive authorisation from the Radiation Safety Authority as well as from an environmental court. Kenya has an existing environmental protection framework, and as a standard requirement, a nuclear regulatory body will be designated to regulate NPPs in order to ensure protection of people and the environment. In light of a nuclear power programme, a review of the national legal framework in Kenya should be done in order to ascertain if amendment and/or supplement of the environmental law and supporting regulations is required. Moreover, in order to ensure effective environmental regulation of NPPs, the responsibilities of the environmental agency and nuclear regulatory body need to be legally defined in order to prevent overlapping of responsibilities. This paper also suggests two alternative structures for the EIA process and authorisation for NPPs in Kenya.