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Kenya Integrated Coastal Zone Management Policy 2013.pdf
ICZM POLICY
REPUBLIC OF KENYA
Ministry of Environment, Water and
Natural Resources
Draft
Integrated Coastal Zone Management
(ICZM) Policy
December 2013
Page | i
Table of Contents
ABBREVIATIONS AND ACRONYMS ..................................................................... iv
FOREWORD ................................................................................................................ vi
EXECUTIVE SUMMARY ....................................................................................... viii
CHAPTER 1: INTRODUCTION ................................................................................. 1
1.1 Background ............................................................................................ 1
1.2 Existing Policy Instruments ................................................................... 2
1.2.1 Draft Integrated Ocean Policy ................................................................ 9
1.2.2 National Oceans and Fisheries policy .................................................... 6
1.2.3 Merchant Shipping Act of 2009 ............................................................. 3
1.2.4 Water Policy ........................................................................................... 7
1.2.5 Draft Wetland Policy .............................................................................. 9
1.2.6 National Land Policy .............................................................................. 7
1.2.7 The Physical planning Act of 1996 ........................................................ 2
1.2.8 Draft Forestry Policy ............................................................................ 10
1.2.9 Draft Wildlife Policy ............................................................................ 10
1.2.10 Draft Tourism Policy ............................................................................ 10
1.2.11 Draft Environmental Policy ................................................................... 8
1.2.12 National Museums and Heritage Act 2006 ............................................ 4
1.2.13 Regional Development Authorities Policy ............................................. 8
1.3 Justification for the ICZM Policy ......................................................... 11
1.4 ICZM Policy Formulation Process ....................................................... 11
1.5 Policy Review ...................................................................................... 12
CHAPTER 2: COASTAL RESOURCES, OPPORTUNITIES, ISSUES AND
CHALLENGES ........................................................................................................... 13
2.1 Geographical Extent and Management Area for ICZM ....................... 13
2.2 Coastal Resources and Socio-economic Opportunities ........................ 13
2.2.1 Coastal and mangrove forests .............................................................. 13
2.2.2 Coral reefs ............................................................................................ 14
2.2.3 Sea-grass beds ...................................................................................... 14
2.2.4 River basins, deltas and estuaries ......................................................... 14
2.2.5 Beaches and sand dunes ....................................................................... 15
2.2.6 Cultural and natural heritage ................................................................ 15
2.3 Coastal Zone Issues .............................................................................. 16
2.4 Coastal zone management challenges .................................................. 18
CHAPTER 3: POLICY GOAL, OBJECTIVES AND PRINCIPLES ......................... 19
3.1 Vision ................................................................................................... 19
3.2 Mission ................................................................................................. 19
3.3 Policy Objectives .................................................................................. 19
3.4 Guiding principles ................................................................................ 19
CHAPTER 4: THE ICZM POLICY STATEMENTS ................................................ 21
4.1 Integrated Planning and Coordination .................................................. 21
4.1.1 Planning and management of coastal development ............................. 21
4.1.2 Provision of adequate infrastructure and public service ...................... 21
4.1.3 Coordination and communication mechanisms within and between
government, community and other stakeholders .................................. 22
4.2 Sustainable Economic Development .................................................... 22
4.2.1 Community empowerment and sustainable livelihoods ....................... 22
4.2.2 Resolving resource use conflicts and benefits sharing ......................... 23
4.3 Conservation of the Coastal and Marine Environment ........................ 24
4.3.1 Coastal and mangrove forests .............................................................. 24
4.3.2 Coral reefs and seagrass beds ............................................................... 25
4.3.3 Deltas and estuaries .............................................................................. 25
4.3.4 Management of cultural and natural heritage ....................................... 26
4.3.5 Pollution control and waste management practices ............................. 27
4.3.6 Reversing the declining water quality .................................................. 28
4.3.7 Provision of potable water supplies ..................................................... 28
4.4 Environmental Risk Management ........................................................ 29
4.4.1 Addressing shoreline change ................................................................ 29
4.4.2 Addressing emerging issues affecting the coastal zone ....................... 29
4.5 Capacity Building, Education, Awareness and Research .................... 31
4.5.1 Education, awareness and information programs focusing on coastal
zone management ................................................................................. 31
4.5.2 Research and monitoring programs focusing on the coastal zone ....... 31
4.6 Institutional Arrangements and Legal Frameworks ............................. 32
4.6.1 Addressing the complex multi-sectoral problems of coastal areas ...... 32
4.6.2 Legal framework .................................................................................. 32
CHAPTER 5: IMPLEMENTATION FRAMEWORK ............................................... 34
5.1 Implementation Framework ................................................................. 34
5.1.1 Capacity building ................................................................................. 34
5.1.2 Policy enforcement and monitoring ..................................................... 34
Annex: Implementation Matrix .................................................................................... 35
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ABBREVIATIONS AND ACRONYMS
AFS International Convention on the Control of Harmful Anti-Fouling
Systems on Ships, 2001
CBOs Community Based Organizations
CDA Coast Development Authority
EEZ Exclusive Economic Zone
EIA Environmental Impact Assessment
EMCA Environmental Management and Coordination Act 1999
ENNDA Ewaso Ng’iro North River Basin Development Authority
ENSDA Ewaso Ng’iro South River Basin Development Authority
EQOs Environmental Quality Objectives
GDP Gross Domestic Product
HNS Protocol on Preparedness response and Cooperation to Pollution
Incidents by Hazardous and Noxious Substances, 2000
ICZM Integrated Coastal Zone Management
IWRM Integrated Water Resources Management
KARI Kenya Agriculture Research Institute
KEFRI Kenya Forest Research Institute
KMFRI Kenya Marine Fisheries Research Institute
KFS Kenya Forestry Service
KVDA Kerio Valley Development Authority
KWS Kenya Wildlife Service
LAPSSET Lamu Port Southern-Sudan-Ethiopia Transport
LBDA Lake Basin Development Authority
LDC International Convention on the Prevention of Marine Pollution by
Dumping of Wastes and other Matter (London Dumping Convention),
1972
MARPOL International Convention for the Prevention of Pollution from Ships,
1973
MEAs Multilateral Environmental Agreements
MPAs Marine Protected Areas
NEMA National Environment Management Authority
NGOs Non-Governmental Organizations
OSMAG Oil Spill Mutual Aid Group
NMHA National Museum and Heritage Act, 2006
NMK National Museums of Kenya
PES Payment for Ecosystem Services
PPP Public – Private sector Partnershp
RDA Regional Development Authority
REDD Reducing Emissions from Deforestation and Degradation
TARDA Tana and Athi Rivers Development Authority
UNCLOS United Nations Convention on Law of the Sea, 1982
UNESCO United Nations Educational, Scientific and Cultural Organisation
UNFCCC United Nations Framework Convention on Climate Change
WRMA Water Resources Management Authority
Page | v
FOREWORD
The coastal area of Kenya is endowed with a rich variety of natural resources that
form the socio-economic base of the region. The resources therein support multiple
forms of uses including tourism, agriculture, shipping, fisheries and forestry, which
make significant contributions to the local and national economy. For example, about
60% of the contribution of tourism to the national economy comes from coastal
tourism. However, different sectoral interests have tended to seek exclusive access to
and use of coastal resources, and past sectorally based governance systems failed to
recognise the interconnectedness of ecosystems in resource management.
Consequently, the sectoral approach to development planning and management,
combined with population pressure and the intensity and complexity of human
activities in the coastal area have spawned resource use conflicts and adverse socio-
economic and environmental effects.
The development and implementation of an ICZM action strategy for the Nyali-
Bamburi-Shanzu area in Mombasa in 1996 by a multi-sectoral team under the
coordination of CDA marked early efforts at integrated management of coastal
resources for sustainable development. Later in 1999, the enactment of the
Environmental Management and Coordination Act (EMCA 1999) obliged NEMA, in
consultation with the relevant lead agencies, to conduct a survey of the coastal zone
and prepare an integrated national coastal zone management plan based on the report
of the survey. The preparation of the State of the Coast report in 2009 was in response
to this requirement. Subsequent efforts coordinated by NEMA culminated in the
formulation of the ICZM policy framework to guide development planning and
management, conservation of the environment and accommodate the social and
economic needs of local communities. The objectives of the policy are to:-
i) Promote integrated planning and coordination of coastal developments across
the various sectors;
ii) Promote sustainable economic development to secure livelihoods of coastal
communities;
iii) Conserve the coastal and marine resources and environment for sustainable
development;
iv) Manage environmental risks associated with changes in shoreline and climate;
v) Develop capacity in research and education and enhance stakeholder
awareness and participation in sustainable resource management;
vi) Establish effective institutional and legal frameworks for implementation of
the ICZM policy.
The ICZM policy is rooted in the understanding that the coastal and marine
environment is a limited spatial area and a distinctive system in which a range of
environmental and socio-economic interest interconnect in a manner which requires a
dedicated and integrated management approach. Its preparation was participatory,
involving stakeholders from government agencies, private sector, NGOs, expert
groups and community based organisations.
The vision of the policy is “A coastal zone with healthy ecosystems and resources that
sustain the socio-economic development and well-being of the current and future
generations”. It seeks to promote sustainable development in the coastal zone in line
with the principles of the new constitution and objectives of vision 2030. The
Government is committed to the implementation of this policy to ensure sustained
benefits to coastal communities and the national economy.
Prof. Judi Wakhungu
Cabinet Secretary Ministry of Environment, Water and Natural Resources
Page | vii
EXECUTIVE SUMMARY
The coastal zone is endowed with rich multiple-use resources which are of great
socio-economic significance to the local community and the nation at large. The need
for the ICZM policy framework is premised by the failure of the largely sectoral-
based resource management approach to adequately address the cross-cutting
developmental and environmental issues. The sectoral-based planning, development
and management of the resources, compounded with pressure from rapid population
growth, have spawned resource use conflicts and adverse socio-economic and
environmental effects.
The ICZM Policy is the culmination of a consultative and participatory process
involving lead Government agencies, NGOs, CBOs and other stakeholders actively
engaged in the utilisation and management of resources along the coastal zone.
Development of the policy was informed by, among other, the report on the State of
the Coast prepared under the stewardship of NEMA, and the draft National
Environment Policy. Finalisation of the policy preparation process coincided with the
promulgation of the new Constitution for the country in August 2010. This prompted
revision of the policy to align it with the new Constitution on matters pertaining to
environment and development. As such the ICZM policy recognises the State and
public obligations in relation to the environment and the right of participation by
citizens in environmental matters and processes that affect their lives as outlined in
Article 69 on the new constitution. The vision of the ICZM policy is “A coastal zone
with healthy ecosystems and resources that sustain the socio-economic development
and well-being of the current and future generations”. It seeks to promote sustainable
development in the coastal zone in line with the principles of the new constitution and
objectives of vision 2030.
The policy is presented in five chapters. Chapter 1 provides the background to the
policy. Presented in this chapter are the relevant policies and legal instruments
governing the utilization and management of the resources, justification for the policy
and a description of the policy formulation process.
In chapter 2, an overview of the coastal zone and diversity of resources and their
socio-economic importance are highlighted. The issues affecting the coastal zone and
the main challenges in the management of the resources and environment are
elucidated.
Chapter 3 presents the vision and mission statements providing direction to the policy.
The objectives of the policy are enumerated and guiding principles towards the
preparation of the policy framework elaborated.
Page | ix
Chapter 4 provides in detail specific policy statements addressing issues appertaining
to;
• integrated planning and coordination of coastal development and
communication among the various government and non-government
stakeholders,
• community empowerment and resource use conflicts,
• environmental conservation, encompassing the conservation of coastal and
marine habitats, management of cultural and natural heritage, pollution control
and the provision of potable water supplies,
• the management of environmental risks, especially shoreline change and
emerging issues, such as climate change and episodic extreme environmental
events,
• awareness creation and education, and research focusing on the coastal zone,
and
• institutional and legal frameworks to guide the implementation of the ICZM
policy.
In chapter 5, a framework to guide implementation of the ICZM policy is presented,
which addresses capacity building and policy enforcement.
Annexed to the policy is an implementation matrix which outlines strategic actions
and expected output, and proposed roles of government and non-government
stakeholders.
On domestication of Multilateral Environmental Agreements (MEAs), the policy
recognises the provision in the new Constitution that any regional and international
agreement or law that the country becomes party to is part of the country’s laws.
Domestication and implementation of MEAs will be promoted to foster international
and regional cooperation for better management of transboundary issues. The ICZM
policy will be implemented through ICZM National Plan of Action prepared by
NEMA jointly with stakeholders.
CHAPTER 1: INTRODUCTION
1.1 Background
The Kenyan coastal area is endowed with a variety of rich resources and landscape
that form the social and economic base of the region. These resources include the
land, rivers, lakes, estuaries and other wetlands, grasslands, coastal and mangrove
forests, sea grass and coral reefs all of which are characterised by high productivity
and biodiversity. Their exploitation contributes not only to local livelihoods but also
to the overall economy of the country.
Key sectors in the coastal economy include tourism, fisheries, agriculture, forestry
and trade. The contribution of tourism to the national economy is about 12% of the
GDP of which about 60% comes from coastal tourism; fisheries contribution to the
national economy stands at 5% of the GDP, of which about 5.6% comes from marine
fisheries. While the contribution of tourism to the coastal economy accounts for 45%,
the port and shipping contributes 15%, agricultural industry contributes 8%,
agriculture contributes 5% and forestry accounts for 4%. This is a significant
contribution to Kenya’s Gross Domestic Product. Over time however, these resources
have been under pressure from a rising population and rapid development.
The management of coastal resources in Kenya has evolved from the traditional
system, based on traditional knowledge, organised around the localised realm
encompassing the resource, resource exploiters and marketers. This was a period of
few resource exploiters and the integrity of the environmental resource base, remained
largely functional, serving the socio-economic needs of the people.
Over the years, coastal resources and the environment have been managed through
uncoordinated sectoral policies. With population increase and society placing many
legitimate, but often competing, demands on the resource base and the environment,
the sectoral management approaches have failed to achieve the objectives of coastal
planning and sustainable development.
The above situation is the result of limited understanding of coastal and marine
resources, natural processes and opportunities. This is compounded by institutional
weaknesses, single sector planning, bureaucracy; competing interests among
institutions and misplaced priorities. The situation is exacerbated by inadequate
legislation and enforcement. In addition, inadequately trained personnel, use of
inappropriate technologies and equipment, and limited experience in integrated
coastal planning, development and management further worsens the situation. This is
manifested in deficient pollution management, over-extraction of resources, and
unsustainable livelihoods, among other examples. The consequence is unsustainable
use patterns, resulting in wide spread degradation and loss of critical habitats and loss
of development opportunities.
Integrated Coastal Zone Management (ICZM) presents a holistic approach in the
planning and management of coastal resources, ensuring sustainable livelihoods and
the protection of the environment. A policy direction towards achieving this goal is
needed in order to help address the current and emerging coastal management issues.
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1.2 Existing Legal and Policy instruments
1.2.1 The Constitution of Kenya 2010
The Constitution of Kenya guarantees the right to a clean and healthy environment
and obliges the state to ensure sustainable exploitation, utilization, management and
conservation of the environment and its natural resources. The principle of sustainable
development has been entrenched in the Constitution (article 10 2(d)) as one of the
national values and principles of governance. To achieve sustainable development,
balancing between economic development objectives and environmental objectives is
required so as to meet the needs of the present without compromising the ability of
future generations to meet their own needs.
In order to have the environment protected for the benefit of present and future
generations, the constitution has called for development of appropriate legislative
frameworks and imposes obligations on the state and the public as outlined in article
69. Development of the ICZM policy contributes to the achievement of this
requirement as it relates to protection of the coastal zone. The policy recognises the
State and public obligations in relation to the environment and the right of
participation by citizens in environmental matters and processes that affect their lives.
1.2.2 The Environment Management and Coordination Act, 1999 (EMCA)
This is an Act of Parliament establishing a legal and institutional framework for the
management of the environment. Section 42 (2) of the Act empowers the Minister
responsible for environment to declare a lake shore, wetland, coastal zone or river
bank to be a protected area and to impose such restrictions as he considers necessary
to protect the same. Section 42 (3) of the Act further empowers the Minister to issue
general and specific orders, regulations or standards for the management of river
banks, lake shores, wetlands or coastal zones.
In addition to the foregoing, Section 55 (1) empowers the Minister to declare an area
to be a protected Coastal Zone while Section 55(2) and (3) mandates NEMA to
prepare a survey of the Coastal Zone and thereafter develop an integrated national
coastal zone management plan every two years based on the survey report. Section 55
(4) of EMCA requires that the Management Plan shall, amongst other things, include
an inventory of the state of the coral reefs, mangroves and marshes found within the
coastal zone, an inventory of all areas within the coastal zone of scenic value or of
value for recreational and cultural purposes, an estimate of the extent, nature, cause
and sources of coastal pollution and degradation, an estimate of fresh water resources
available in the coastal zone and inventory of all structures, roads, excavations,
harbours, outfalls, dumping sites and other works located in the coastal zone.
1.2.3 The Physical planning Act of 1996
The Physical Planning Act of 1996 provides for the preparation and implementation
of physical development plans and for connected purposes. Sections 4 and 5 of this
Act proclaims that development should be in harmony with environmental
considerations, and the Director of Physical Planning has powers to declare special
planning areas that could conceivably apply, inter alia, to the unique coastal
ecosystems on land areas owned by government, held in trust by Count Governments
or private within the area of the authority of a city, municipal, town, or urban council
or with reference to any trading or market centre.
However, given the sectoral approach to planning, abuse of influence and
inadequately regulated development along the coast, physical development has often
not mainstreamed environmental concerns, resulting in degradation of
environmentally sensitive areas, loss of beach access points, beach encroachment and
shoreline erosion. . To ensure sustainable development of the coastal zone, planning
of the area should take into consideration environmental concerns and address special
issues related to the impacts of global warming and sea level rise on low-lying areas
and coastal islands.
1.2.4 The National Land Commission Act
Section 5 of the National Land Commission Act empowers the National Land
Commission to, amongst other things, recommend a national land policy to the
national government, conduct research related to land and the use of natural resources
and thereafter make appropriate recommendations to relevant authorities, to exercise
oversight responsibilities over land use planning throughout the country and to
develop and maintain an effective land information management system at national
and county levels. This means that implementation of the ICZM Policy framework
must be done with reference to work and recommendations of the Commission.
1.2.5 Merchant Shipping Act of 2009
The Merchant Shipping Act 2009 makes provision for, among other, the registration
and licensing of Kenyan ships and ancillary matters; prevention of collisions and
pollution; safety of navigation and cargoes; maritime security; the control, regulation
and orderly development of merchant shipping and related services.
The Act empowers the Minister to make regulations for the protection and
preservation of the marine environment from pollution by matter from ships, taking
cognizance of international maritime conventions and agreements of which Kenya is
party to, which include, UNCLOS (1982), MARPOL (1973) as modified by the
Protocol of 1978 relating (as amended), the Intervention Convention (as amended),
LDC (1972), HNS Protocol (2000) and AFS (2001). Other relevant international
conventions or agreements are,
• The Protocol Relating to Intervention on the High Seas in Cases of Marine
Pollution by Substances Other than Oil, 1973
• The International Convention on Oil Pollution Preparedness, Response and
Cooperation, 1990
• The International Convention for the Control and Management of Ships’
Ballast Water and Sediments, 2004.
The Minister is further empowered to make regulations in respect of vessels operating
in inland waters including near coastal voyages, to enhance the safety and security for
vessels as well as preserve the aquatic environment.
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The Director-General is empowered to, among other functions, take measures in
accordance with generally recognised principles of international law to protect the
environment from pollution following a maritime casualty or acts relating to such
casualty which may reasonably be expected to result in harmful consequences.
The Merchant Shipping Act has a crucial role in regulating shipping activities in the
inshore areas and extending to the EEZ, providing for maritime safety and security
and pollution control and environmental conservation. The provisions of the Act can
be synergistic to the ICZM policy.
1.2.6 National Museums and Heritage Act 2006
The National Museums and Heritage Act, 2006 consolidates and repeals the
Antiquities and Monuments Act 1983 (Cap. 215) and the National Museums Act 1983
(Cap. 216) into one law that governs museums and heritage in Kenya. The Act
provides for establishment, control, management and development of national
museums. The Act also, provides for identification, protection, conservation and
transmission of the cultural and natural heritage of Kenya.
The National Museums of Kenya (NMK) is the legal custodian of natural and cultural
heritage, such as, archaeological finds, submerged settlements and shipwrecks within
territorial seas of Kenya, as well as, historical monuments.
This act allows NMK to conduct Environmental Impact Assessment (EIA) for
proposed development projects. However, this EIA focuses on prediction of negative
impacts of development projects on the natural and cultural heritage.
1.2.7 The Land Act 2012
This Act mandates the National Land Commission to take appropriate action to
maintain public land that has endangered or endemic species of flora and fauna,
critical habitats or protected areas and to identify ecologically sensitive areas that are
within public lands. The Act further requires the Commission to undertake an
inventory of all land based natural resources, and reserve public land for any
purposes, including environmental protection and conservation. The Act further
empowers the Commission to make rules and regulations for the sustainable
conservation of land based natural resources including:
i) Measures to protect critical ecosystems and habitats;
ii) Incentives for communities and individuals to invest in income generating
natural resource conservation programmes;
iii) Measures to facilitate the access, use and co-management of forests, water and
other resources by communities who have customary rights to these recourses;
iv) Procedures for the registration of natural resources in an appropriate register;
v) Procedures on the involvement of stakeholders in the management and
utilization of land based natural resources; and
vi) Measures to ensure benefit sharing to the affected communities.
1.2.8 The County Governments Act 2012
The County Governments Act elaborates on the county governments' powers,
functions and responsibilities and clarifies how the County Governments shall
perform their Constitutional mandate, which includes implementation of specific
Government policies on environment and natural resources conservation.
Additionally, the Act requires that there shall be a five year integrated development
plan for each County and clarifies that cooperation in planning between the National
and County Governments shall be done within the context of the Inter-Governmental
Relations Act, 2012. Those aspects of the ICZM policy framework that require the
input of the county government and or harmonization with county laws and standards
shall accordingly be implemented by reference to such provisions.
1.2.9 The Inter-Governmental Relations Act 2012
This is an Act of Parliament establishing a framework for consultation and co-
operation between the national and county governments and amongst county
governments and establishing mechanisms for resolution of intergovernmental
disputes. As far as planning, policy development and implementation is concerned,
the Act provides that cooperation and consultation between the National Government
and the County Government shall be undertaken through the National and County
Government Coordinating Summit comprising the President and 47 County
Governors. The Council of County Governors is also established under the Act as a
forum for consultation amongst County Governments on matters of common interest
and dispute resolution.
It is expected that the Summit and Council shall harmonise environmental policies,
plans, standards and laws of the national and county governments and provide a
platform for interaction between the various state organs for better environmental
governance.
1.2.10 Treaty for the Establishment of the East African Community Act
Section 8 of this Act provides that the Acts of Parliament of the East African
Legislative Assembly (EALA) shall be part of Kenyan law upon Gazettement. This
offers the opportunity for regional cooperation and harmonised management of the
coastal zone in the East African Community. In particular, EALA passed the East
African Community Transboundary Ecosystems Management Bill, 2010 and the East
African Community Tourism and Wildlife Management Bill, 2008 in January 2012 and
February 2010 respectively. It is expected that, upon gazettement, these Bills shall
guide the partner states in developing laws, policies, standards and guidelines for
management of the region’s Coastal Zone.
1.2.11 Treaty for the Establishment of the East African Community
Under Article 111 of the Treaty, the partner states have agreed to co-ordinate their
policies and actions for the protection and conservation of the natural resources and
environment for sustainable development. Article 112 requires that in implementing
Article 111, the partner states shall amongst other things;
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a) Develop a common environmental management policy that would sustain the
eco-systems of the partner states, prevent, arrest and reverse the effects of
environmental degradation; and
b) Integrate environmental management and conservation measures in all
developmental activities such as trade, transport, agriculture, industrial
development, mining and tourism in the Community.
Additionally, Article 9 of the EAC Protocol on Environment and Natural Resources
Management obliges Partner States to develop mechanisms that will ensure
sustainable use of transboundary ecosystems and adopt common policies and
strategies for sustainable management of transboundary natural resources.
The EAC Treaty also provides for management of water and marine resources under
Article 114 (2) (b) thereof, which provides that the parties shall cooperate through:
(i) the establishment and adoption of common regulations for the better
management and development of marine parks, reserves, wetlands and
controlled areas;
(ii) the adoption of common policies and regulations for the conservation,
management and development of fisheries resources;
(iii) the establishment of common fisheries management and investment guidelines
for inland and marine waters; and
(iv) the strengthening of regional natural resources management bodies.
Thus, the EAC Treaty and EAC Protocol on Environment and Natural Resources
Management provide the platform for establishment of the structure and roadmap for
promoting, developing and coordinating transboundary conservation in East Africa
including a common ICZM policy framework.
The Government of Kenya is also a signatory to other regional and international
treaties on management of the Coastal zone and its resources. These include Nairobi
Convention for the Protection, Management and Development of the Marine and
Coastal Environment of the Eastern African Region. It also includes the United
Nations Convention on Law of the Sea which is the international legal regime of
management of Oceans and their resources. Under the UNCLOS treaty the
Government of Kenya has submitted a bid for delineation of its outer continental
shelf.
1.2.12 National Oceans and Fisheries policy
The overall objective of the National Oceans and Fisheries policy of 2008 is “to
enhance the fisheries sector’s contribution to wealth creation, increased employment
for youth and women, food security, and revenue generation through effective private,
public and community partnerships”. The policy seeks to address, among other issues,
unsustainable utilization of fisheries resources, resource use conflicts, inadequate
infrastructure, and lack of a comprehensive legal and institutional framework for
effective fisheries management.
The policy has further recognised the inter-jurisdictional aspects of marine fisheries
and has called for collaboration and cooperation in the management of
migratory/shared stocks. A coordinating role of the ICZM policy vis á vis the Oceans
and Fisheries policy will create synergy in coastal resource management.
1.2.13 Water Policy
The Water Policy (1999), seeking to comprehensively deal with the problems of water
and sanitation, adopts an integrated approach to water resources management. The
Policy recognises the inextricable link between the provision of water supply and
wastewater disposal and applies various tools for effective management, such as,
effluent discharge standards, permits for water abstraction and disposal, and using
economic instruments for water pollution control. It encourages the participation of
communities and private institutions in the provision of water supply and sanitation
services and makes the role of Government regulatory, as opposed to the direct
provision of services.
The Water Policy espoused the harmonisation of the provisions of the Water Act
(2002) with those of the Environmental Management and Coordination Act (EMCA,
1999), but this has not been fully realised. There is need for the Water Act to provide
for the promotion of cooperation and partnership with other countries on the
management of shared water bodies, an issue that requires addressing by the ICZM
policy.
1.2.14 National Land Policy
The overall objective of the National Land Policy (2009) is to provide for sustainable
growth and investment and the reduction of poverty in line with Government’s overall
development objectives. Its specific objectives are to develop a framework of policies
and laws designed to ensure the maintenance of a system of land administration and
management that will provide: -
a) All citizens, particularly the poor, with the opportunity to access and
beneficially occupy and use land;
b) An economically, socially equitable and environmentally sustainable
allocation and use of land; and
c) The efficient, effective and economical operation of the land market.
To achieve an integrated and comprehensive approach to the management of the
environment and natural resources, the draft National Land Policy requires that all
policies, regulations and laws dealing with land based resources be harmonised with
the framework established by the Environmental Management and Coordination Act,
1999.
The draft National Land Policy, seeks to reform the ambiguities inherent in the
multiplicity of proprietary regimes in Kenya’s agrarian (Agriculture and Mining)
landscape by;
• Facilitating more efficient and socially-relevant decision-making;
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• Securing confidence and security in access of agrarian resources; and
• Enabling participation in land governance, at the land-use level.
It seeks to design a property structure, which is free from complexities, accords
greater equity of access to land resources and empowers agrarian resource managers
to make appropriate and sustainable environmental decisions.
The draft National Land Policy recognises the coastal zone as fragile, where
guidelines for its use and management need to be formulated. It has also recognised
that existing legal organization of the agrarian sector does not provide a rational
framework for environmentally sound decisions. Considering the impact of land use
on the coastal and marine environment, there is need to mainstream ICZM principles
in the implementation of the Land Policy.
1.2.15 Regional Development Authorities Policy
The Regional Development Authorities Policy (2007) provides the framework to
guide the implementation of the mandate of the Ministry of Regional Development
Authorities. The overall goal of the policy is to achieve equitable and balanced
national socio-economic development through the promotion of sustainable economic
utilization of natural resources and the promotion of resource based investments in the
regions. The policy addresses the fragmented legal framework and mandates
governing the six Regional Development Authorities (RDAs), with a view of
providing an integrated approach in coordinating the activities of the RDAs, namely
KVDA, LBDA, ENNDA, ENSDA, CDA and TARDA. It provides framework for
coordination to ensure that stakeholders contribute meaningfully towards regional and
national development. The functions of the RDAs include the following,
• Formulation of integrated regional development plans in close consultation
with other stakeholders and ensuring that the plan is owned by the whole
region.
• Management of natural resources, specifically addressing gaps in regional
resource mapping, promotion of resource based investments and formulation
of a framework through which communities would benefit from such
investments.
The Policy has a direct bearing on streamlining and strengthening the roles and
functions of CDA and TARDA in coastal zone development and management.
Noting, that the goals and principles of the ICZM and RDA policies have a lot in
common, the CDA and TARDA are in an enviable position where they can play a
significant role in ICZM.
1.2.16 Draft Environmental Policy
The aim of the draft National Environment Policy (2009) is to provide a framework
for sound environmental and natural resource governance by mainstreaming
environmental considerations into sectoral policies and strengthening regional and
international cooperation in environmental management.
Key objectives of the policy include:-
(a) Provide a framework for integration of environmental considerations into the
various sectoral policies, national development planning and decision making
processes.
(b) Ensure sustainable management of the environment and natural resources,
such as unique terrestrial and aquatic ecosystems, for national economic
growth and improved people’s livelihood and well-being.
(c) Promote and enhance collaboration, synergy, partnerships and participation in
the protection and conservation of the environment by all stakeholders.
The key issues addressed by the policy include the harmonization of sectoral policy
instruments with the framework environmental law (EMCA, 1999) in order to
enhance sustainable environmental management.
Section 55 of EMCA institutionalises ICZM as a tool for the management and
conservation of the coastal and marine environment; the ICZM policy finds a legal
anchor in the Act.
1.2.17 Draft Integrated Ocean Policy�
The draft integrated ocean policy (2009) is derived from the provisions of the 1982
Law of the Sea Convention (UNCLOS), Maritime Zones Act 1989, Section 5(5) and
the Presidential Proclamation of 9 June 2005 where Kenya has sovereign rights with
respect to exploration, exploitation, conservation and management of the natural
resources. The draft policy focuses on resource management in internal waters,
territorial waters, and the Exclusive Economic Zone (EEZ). Implementation of this
policy will require synchronising with the ICZM policy in order to minimize
duplication of effort and conflict, and to foster synergy.
1.2.18 Draft National Wetlands Policy
The draft National Wetland Policy (2013) recognizes the importance of the variety of
wetlands found in the coastal, marine and inland areas, in the provision of goods and
services which support agriculture, tourism, industry, biodiversity conservation, social
economic and cultural activities. Identified pressures to wetlands include conversion
and overexploitation of their resources, catchment degradation and pollution
associated with proliferation of invasive species. The Policy seeks to foster an
integrated approach that would promote conservation and sustainable use of wetlands.
The policy provides a framework for, inter alia, review of the status of wetlands and
identifying priority issues, including transboundary issues, addressing legislation and
government policies with a bearing on wetland management and conservation,
enhancing knowledge through research and raising awareness on wetlands and their
values to promote stakeholder participation, and addressing institutional and
organizational arrangements to facilitate implementation of the policy.
The national wetlands conservation and management policy complements the other
sectoral policies on environment and development. Adoption of the policy fulfills
Kenya’s obligations under the Ramsar Convention and other relevant Multilateral
Environmental Agreements and Protocols. The objectives of the Wetland policy
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address issues that are very pertinent with the development, management and
sustainable exploitation of the coastal zone and its resources.
1.2.19 Draft Forestry Policy
The draft Forest Policy (2009) envisages a radical change in the way forests are
managed. It provides mechanisms for streamlining the participation of the private
sector and community in the management of state forests. The conservation of forests
will ensure sustainable environmental and ecosystem services. This will create
employment and reduce poverty, which will contribute towards meeting the
millennium development goals and aspirations of Vision 2030.
The Forest Policy offers a guiding framework for the Forest Act of 2005 for the
management, conservation and utilization of forest resources, which include coastal
and mangrove forests. The Forest Act mandates the Kenya Forest Service (KFS) to
manage forests in water catchment areas and associated wildlife. The Act empowers
associations and communities in the control and management of forest resources. This
necessitates harmonisation of the provisions of the Water Act and Wildlife and Forest
Act to avoid conflict of mandates and foster synergy.
1.2.20 Draft Wildlife Policy
The goal of the draft revised Wildlife Policy (2008) is to provide a framework for
conserving Kenya’s rich diversity of species, habitats and ecosystems for the well
being of its people and the global community. The Policy addresses wildlife
ownership and responsibilities, human wildlife conflicts and compensation, equitable
benefit sharing, hunting and strengthening the institutional framework for wildlife
management, among other issues.
The policy proposes restructuring of the KWS to enable it dispense its mandates
effectively, devolution of wildlife management responsibilities to local communities
and land owners, maintenance of the integrity of protected areas and introduction of
new and varied economic incentives for communities, land owners, non-governmental
organisations and the private sector. The draft wildlife policy offers incentives to
promote community participation in conservation as espoused by ICZM principles.
1.2.21 Draft Tourism Policy
The draft National Tourism Policy (2009) provides a framework for decision-making
by the government, and allows sectoral stakeholders to partner with government to
develop the tourism sector and deliver sustainable growth. The policy recognizes the
negative impacts of the industry on both the natural and human environments. Thus
the policy seeks to address impacts of sectoral activities on the environment, the
economy and socio-cultural aspects. The draft Policy recognizes that its
implementation shall involve streamlining the tourism policy with wildlife, land-use
and other cross-cutting policies.
The policy further recognises the issues affecting sustainable development of the
industry, such as, community participation, conflict resolution, safety and security,
product development and diversification, infrastructure, transport and communication
development, quality health care, marketing and promotion, pricing mechanisms,
investment financing, employment, human resources development, information
management and research.
The draft Tourism Policy recognises the need for multi-sectoral involvement to create
synergy and harmony among sectors, in propounding the principles of ICZM in the
process.
1.3 Justification for the ICZM Policy
Coastal systems provide a multiplicity of uses, which are of socio-economic
importance to the community. However, the various sectoral interests most often seek
exclusive access and use of coastal area and resources. The systems of governance in
the area have normally been sectoral-based and uncoordinated in their application.
The sectoral approach in development planning and resource management,
compounded by population pressure and the complexity of human activities in coastal
ecosystems has lead to use conflicts and adverse socio-economic and environmental
effects. Thus, there is need for an ICZM policy framework that will integrate and
coordinate planning and management of the coastal zone and resources to ensure
sustainable development.
There is need for a policy to guide the management and sustainable utilisation of
coastal resources, while protecting the environment for the benefit of the many
different stakeholders in the coast and for posterity. An ICZM policy fulfils the need
for an alternative and effective management system that balances development and
conservation interests in the coastal zone. There is need for a policy to guide and
ensure a coordinated response to emerging issues, such as global warming and climate
change, including extreme weather events and other disasters in the coastal zone.
The ICZM policy framework provides for sustainable development of the coastal
zone which will be an important contribution to meeting the goals of Vision 2030
development blue print to make Kenya a middle-income country.
1.4 ICZM Policy Formulation Process
The documentation of an ICZM action strategy for the Nyali-Bamburi-Shanzu area in
Mombasa in 1996 by a multi-institutional team under the coordination of CDA
marked early efforts at integrated management of coastal resources for sustainable
development. The EMCA 1999, Sec. 55 (2) empowers NEMA, in consultation with
the relevant lead agencies, to prepare a survey of the coastal zone and prepare an
integrated national coastal zone management plan based on the report of such survey.
The preparation and production of the State of the Coast report in 2007 was, thus a
first step in providing information for development of such plans.
Subsequently, a multi-sectoral ICZM Steering Committee coordinated by NEMA
embarked on the process of formulating an ICZM policy framework. The policy
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formulation process was consultative and participatory, involving stakeholders from
public, private, civil society and local community groups who contributed towards
formulation of the policy through thematic working groups and workshops.
The ICZM Steering Committee helped in identifying the coastal zone management
issues and facilitated the formation of thematic groups. Then experts were identified
to generate the necessary information on the issues. The information was then
presented in a National Stakeholders Workshop for validation where other issues were
identified and included. It was through this process that the ICZM policy document
was produced. An ICZM National Plan of Action for implementation of the ICZM
Policy will be developed
.
1.5 Policy Review
The ICZM Policy will be reviewed after every 10 years or any other time as the need
arises taking into consideration emerging issues, development trends and changing
demands.
CHAPTER 2: COASTAL RESOURCES, OPPORTUNITIES, ISSUES AND
CHALLENGES
2.1 Geographical Extent and Management Area for ICZM
The geographical extent of the coastal zone is defined by the administrative
boundaries of counties bordering the Indian Ocean while the Exclusive Economic
Zone (EEZ) provides the extent and seaward boundary. However, the ecosystem
approach will be applied in the management of the resources as some of the pressures
affecting the coastal environment are external to the coastal zone such as river
catchment areas.
2.2 Coastal Resources and Socio-economic Opportunities
The coastal zone is endowed with an abundance and variety of resources that provide
ecological services and support both local and national economic activities. These
include terrestrial and marine habitats, such as coastal forests, mangrove swamps,
coral reefs, sea grass meadows, rocky shores, estuaries, beaches, mudflats and sand
dunes. These resources are exploited for tourism, fisheries, salt manufacturing,
shipping, agriculture and construction among other economic activities.
The coastal area has its rich share of national heritage consisting of antiquities,
monuments and cultural and natural sites. The preservation of the cultural and natural
heritage has direct links with mainstream societal concerns such as development,
environment, health, education, access to information, construction and the coastal
economy.
2.2.1 Coastal and mangrove forests
The coastal forests exist as isolated blocks covering a total area of about 83,800
hectares in a narrow belt which extends inland for about 30 km. The largest of these
forest patches is the Arabuko Sokoke forest reserve. Other forest patches include the
Boni-Lungi, Dakacha, Dodori, the Shimba Hills Forest reserve and the Kaya forests.
These coastal forests bare unique communities of flora with high drought resilience,
high levels of adaptation, endemicity of birds, mammals and other fauna. They play a
significant role in the hydrological cycle, enhance soil moisture content, mitigate
against soil erosion and promote the flow of clear water in rivers.
There are between 53,000 - 61,000 hectares of mangrove forests along the coast with
the largest stands occurring in Lamu County (67 %) and the Funzi-Vanga system in
the south coast. The mangrove ecosystem is a critical habitat for a variety of fish
species and invertebrates, which depend on it for feeding and nursery grounds. The
habitat also hosts a wide variety of bird life, and provides a line of defence against
shoreline erosion and excessive suspended sediment from terrestrial sources.
Coastal and mangrove forests are important carbon sinks, reducing green house gases
that cause global warming. Kaya forests are of spiritual and cultural importance to the
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Mijikenda community. Coastal and mangrove forests have been exploited for timber,
wood-fuel and herbal medicines. The artisanal fishers rely on the mangrove
ecosystem for a substantial part of their catch. Non-consumptive uses of coastal
forests include aesthetic use of forest bio-diversity in eco-tourism, and for bee
keeping. The mangrove skyline on Manda Island as seen from Lamu, is gazetted as a
national monument.
2.2.2 Coral reefs
A fringing reef system spans the length of the coast from the Kenya/Tanzania border
to Malindi, broken at places where river mouths, creeks and bays open into the ocean.
There are patch reefs in the south of Malindi Bay. Patch and small fringing reefs
border the islands of the Lamu-Bajuni archipelago. This reef system extends from the
sea surface to about 20-25 m depth.
The coral reef system provides a natural defence of the shoreline from wave-erosion
and is a source of white sand that replenishes local beaches. The coral reefs and
associated lagoons harbour rich and diverse species of flora and fauna, which support
artisanal fishery and tourism. Some caves and rock shelters along the shoreline are
popular sites for indigenous religious and cultural practices for coastal communities.
Other sites were in past history used for holding slaves and as places of refuge from
enemies e.g. Shimoni cave. The Malindi-Watamu Biosphere Reserve, designated in
1979, covers 19,600 hectares and encompasses two marine national parks and two
marine national reserves, with major habitats composed of coral reefs, mangrove
forest and sea grass beds.
2.2.3 Sea-grass beds
Sea grass beds are found predominantly in the sandy and muddy coastal lagoons and
shallow reef slopes. They provide a habitat for a variety of commercially important
fish species. These habitats also support relatively mature fish whose early life stages
are found in estuaries and mud-flats. Sea grass meadows are feeding grounds for
threatened and/or endangered species such as the green turtle, the hawksbill turtle and
the dugong.
2.2.4 River basins, deltas and estuaries
The Tana and Athi-Galana-Sabaki Rivers form the largest river basins in Kenya, with
the relatively smaller basins drained by the R. Umba, R. Ramisi and R. Mwache. The
Tana River discharges an average of 4 million cu metres of freshwater and 6.8 million
tonnes of sediment annually into the Ungwana Bay. The Athi-Sabaki River discharges
about 6 million cu metres of freshwater and 5 to13 million tonnes of sediments into
the Malindi Bay, annually. These high sediment loads are attributed to poor land use
practises upstream and affect the sustainability of coastal habitats, the aesthetic value
of beaches, adversely impacting coastal tourism. Major archaeological sites and Kaya
forests in the north coast are found along river basins.
There a number of estuaries along the Kenyan coast which are generally sheltered
from high energy waves and receive fine grain sediments from inflowing streams.
These include the expansive Tana and Sabaki estuaries. Most of the estuarine shores
are fringed by mangrove trees and associated plants.
Estuaries have experienced various human-induced changes. The clearing of
mangrove forest, for example exposes the soft shores and lead to erosion. On the other
hand, increasing amounts of sediment discharge by rivers are fed into the inshore
environment leading to beach accretion, such as in Malindi.
The Tana River delta is Kenya’s only major ocean delta. It is a low-lying area
composed largely of sediments brought down by the river. It is subject to frequent
flooding and changes in the network of channels and canals. The delta is characterised
by diverse habitats including riverine forests, grasslands, woodlands and bush land,
lakes, mangroves, sand dunes and coastal waters. The delta maintains high levels of
productivity in a dynamic balance which revolves around the frequency, extent and
duration of flooding. Water transports nutrients, it influences a wide variety of habitat
types, flushes away wastes, controls salinity and disperses and nurtures larval stages
of a number of marine organisms. Lately, the Tana River Delta and forest complex
nomination proposal as a World heritage site was submitted to UNESCO by the
Kenya Wildlife Services.
2.2.5 Beaches and sand dunes
Sand beaches are common along the Kenyan coastline, with river discharge being the
main source of terrigenous sediment replenishing the beaches and dunes. There are an
estimated 27,000 ha of beach and sand dunes in Kenya. Prominent wind-blown dunes
stretch from Malindi to Lamu, with the high loads of suspended sediment from R.
Sabaki and Tana supplying the beach sand. Dunes are stabilized by associated
vegetation binding loose sand with their root system. Shorelines dominated by coral
reefs usually feature smaller beaches with white carbonate sands of marine origin.
Beaches provide nesting grounds for sea turtles, and an important habitat for shore
and migratory birds. They are important in providing access to the sea for fishing,
recreation and tourism. Among other functions, sand dunes are known to assist in the
retention of freshwater tables against saltwater intrusion. Indeed the supply of
drinking water to Lamu town, Ngomeni and Mambrui is sourced from adjacent dune
areas.
2.2.6 Cultural and natural heritage
Cultural and natural heritage are closely interlinked, with the creations of human
beings impacting the environment and likewise the environment influencing the
former resources. Thus, effective management of natural and cultural heritage as a
matter of necessity has to be integrated.
Cultural heritage includes;
• Monuments,
• Architectural works, works of monumental sculpture and painting, elements or
structures of an archaeological nature, inscriptions, cave dwellings and
combination of features which are of universal value from point of view of
history, art or science,
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• Groups of separate or connected buildings which because of their architecture,
homogeneity or their place in the landscape are outstanding from the point of
view of history, art or science,
• Works of humanity or combined works of nature and humanity, and areas
including archaeological sites which are of outstanding value from the
historical, aesthetic, ethnological or anthropological point of view.
While natural heritage includes;
• Natural features consisting of physical and biological formations or groups of
such formations which are of outstanding universal value from the aesthetic or
scientific point of view,
• Geological or physiographical formations of special significance, rarity or
beauty,
• Precisely delineated areas which constitute the habitat of threatened species of
animals and plants of outstanding universal value from the point of view of
science, conservation, or natural beauty, or
• Areas which are or have been of religious significance, use or veneration and
which include but not limited to Kayas.
National and world heritage areas continue to be a magnet for tourism, generating
regional economic development. Both domestic and international tourism make
significant contributions towards the conservation of cultural heritage in Kenya. The
cultural impacts of international tourism are found to be both positive and negative
and much more pronounced at the coast. While the local community is actively
involved in tourism development and derives benefits from the industry, the need for
proper visitor management to minimize negative cultural impacts on local
communities cannot be overemphasized.
The culturally important Kaya forests have been treated as inviolable sanctuaries by
the Mijikenda community, which have enabled them to retain high biodiversity and
preservation of the resource. However, this heritage has been under increasing
pressure from population growth, deforestation, farming and uncontrolled tourism.
Seven Kaya sites have been listed as UNESCO Heritage Sites, a measure that has
helped to ensure the protection and safeguarding of this natural and cultural heritage.
2.3 Coastal Zone Issues
The major coastal zone issues that the policy seeks to address are;
1. Poorly planned and uncoordinated coastal development as a result of a sectoral
approach in planning and management.
2. Inadequate partnership and cooperation between government and non-
government stakeholders at local, national, regional and international level,
towards development and management of the coastal zone.
3. Weak institutional and legal frameworks that do not adequately address the
complex multi-sectoral problems facing coastal areas, particularly with regard
to coordination and enforcement mechanisms.
4. Inadequate and strategies for community empowerment and to address
sustainable livelihoods.
5. Poor waste management practices, especially in urban centres, are a potential
source of environmental pollution and pose a public health risk.
6. Declining water quality and quantity, and inadequate sources of potable water
is a serious constraint to the socio-economic development of the coastal area.
7. Shoreline change, manifested in beach erosion and accretion, poses a threat to
coastal developments.
8. Destruction and loss of coastal and marine habitats as a result of unsustainable
exploitation, poor land use practices, encroachment and unplanned and
unregulated human settlement and urban development.
9. Inadequate public participation, communication, education and awareness on
coastal zone management issues.
10. Inadequate and uncoordinated research, including recognising the relevance of
indigenous knowledge in research, and monitoring programmes that do not
adequately inform the management of coastal zone resources and issues
affecting them.
11. Inadequate mechanisms to address emerging issues affecting the coastal zone,
such as climate change, droughts, floods, Tsunami and storm surges, among
others incidents.
12. Inadequate mechanisms to preserve national cultural and natural heritage and
manage tourist activities at heritage sites.
2.3.1 Emerging Issues
Emerging issues of concern in the coastal zone include large scale economic
development projects being initiated in the coast within the framework of Vision
2030. Such projects include infrastructure development projects such as the
LAPSSET Project in Lamu as well as resort cities projects in Kwale and Kilifi
counties; Biofuel projects mainly involving Jatropha farming and sugarcane and rice
farming; Agriculture projects involving mainly sugarcane and fish farming; Mining
projects such as the Titanium project in Kwale County, and oil and gas exploration in
the sea among others at planning stage. With the initiation of these projects,
environmental and social impacts are envisaged including loss of critical habitats, loss
of fishing grounds and pollution. Policy recommendations have been made to ensure
social and environmental safeguards are implemented to minimise potential negative
impacts.
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2.4 Coastal zone management challenges
The main challenge in managing coastal resources and its environment is the
existence of multiple jurisdictions with a stake in the area. This makes coastal zone
management a secondary responsibility of most jurisdictions, but a primary
responsibility of none. In the sectoral approach, the management focus tends to be
biased towards economic and development goals, without much regard to the
interconnections within coastal ecosystems to the detriment of sustainability. There is
thus a need to adopt the ICZM approach in management of the coastal zone and its
associated resources.
CHAPTER 3: POLICY GOAL, OBJECTIVES AND PRINCIPLES
3.1 Vision
A coastal zone with healthy ecosystems and resources that sustain the socio-economic
development and well-being of the current and future generations.
3.2 Mission
To conserve the coastal and marine environment and ensure that its resources are
utilised in a sustainable manner for the benefit of coastal communities, the national
economy and as a common heritage.
3.3 Policy Objectives
The overall objective of the ICZM Policy is to guide the management and utilization
of coastal and marine environment and its resources to ensure sustainable livelihoods
and development. The policy specifically seeks to,
i) Promote integrated planning and coordination of coastal developments
across the various sectors.
ii) Promote sustainable economic development to secure livelihoods of
coastal communities
iii) Conserve the coastal and marine resources and environment for
sustainable development
iv) Manage environmental risks associated with changes in shoreline and
climate.
v) Develop capacity in research and education and enhance stakeholder
awareness and participation in sustainable resource management.
vi) Establish effective institutional and legal frameworks for implementation
of the ICZM policy.
3.4 Guiding principles
The development and implementation of this policy will be guided by the following
principles;
i) Use of ecosystem-based approach that recognises the relationships and
inter-linkages between all components of the wider ecosystem in
addressing coastal zone management issues. This principle is critical in
effectively addressing issues affecting ecosystems that stretch beyond the
coastal zone administrative area.
ii) Uses a participatory and inclusive approach which entails involvement
of stakeholders, and consensus building on matters of planning, and
decision making.
iii) Applies a precautionary approach. The lack of scientific information
should not prevent the implementation of necessary measures to address an
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environmental issue. This approach allows room for amending or adjusting
the strategy as more certain scientific information becomes available.
iv) Applies best available science and adaptive management. The best
available knowledge, scientific information and data should be used to
support application of ICZM
v) Promotes stewardship in coastal resource management to ensure
sustainable development for posterity. All government institutions, private
sector, community and individuals should bear a sense of responsibility
individually and collectively towards protection and wise use of coastal
resources. Stakeholders should recognize the value of the coastal
resources, support appropriate policies and act responsibly while
minimizing negative environmental impacts.
vi) Multiple resource use management. Multiple use of the coastal resources
necessitates the adoption of an integrated ecosystem approach to ensure
that ecosystems are managed as a whole. The management of multiple
uses of the resources should be considered jointly so that their impacts on
the environment and impacts on each other can be addressed.
vii) Applies the polluter pays principle. Developments and persons who pollute
the coastal and marine environment should meet the cost of cleaning the
pollutants and also meet the cost of the pollution to resource users
viii) ICZM provides for a balance between development and conservation
requirements. This is key in ensuring conservation and sustainable
development of the coastal zone.
ix) Multilateral environmental agreements (MEAs) and regional instruments
will be domesticated and implemented to foster international and
regional cooperation for better management of transboundary issues.
CHAPTER 4: THE ICZM POLICY STATEMENTS
4.1 Integrated Planning and Coordination
4.1.1 Planning and management of coastal development
Development activities in the coastal zone have occurred with less than robust
planning and organisation. Planning and management has mostly been sectoral. The
result has often been unwise changes in land use, affecting both environmental quality
and economic stability for the local community. Poor planning and unregulated
development is manifested in the mushrooming of slums and squatter settlements
lacking in essential services, such as, health care and clean water and sanitation.
Haphazard development has in certain cases been the result of outright violation of
development plans.
Policy Statement
To achieve adequately planned and managed development, the government shall: -
i) Guide and coordinate participatory planning and management of development
in the coastal zone through spatial planning;
ii) Put in place appropriate strategies for managing development and growth in
the coastal zone;
iii) Strengthen the capacity of institutions responsible for coastal planning and
development;
iv) Integrate development planning in the coastal zone with local land use plans,
taking cognisance of environmental safety and aesthetics;
v) Promote implementation of the National Land Policy to address issues of land
tenure in the coastal zone.
4.1.2 Provision of adequate infrastructure and public service
Rapid increase in population, human settlements and urbanization has out-paced the
ability of local authorities to provide infrastructure and public services. This has
placed high demand on existing infrastructure to manage wastewater, service for solid
waste management, provision of water, health and education, roads, electricity, and
telecommunication services. Consequently, the environment, economic prosperity,
natural and cultural heritage, public health and the quality of life of coastal
communities, are compromised.
In view of the above, there is need for appropriate policy to guide the provision of
infrastructure and essential services to coastal inhabitants to ensure sustainable
development.
Policy Statement
To improve the infrastructure and services to the public, the government shall,
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i) Promote the provision of amenities and infrastructure through integrated
spatial planning;
ii) Promote private-public partnership in the delivery of services;
iii) Ensure infrastructure development mainstreams environmental considerations.
4.1.3 Coordination and communication mechanisms within and between
government, community and other stakeholders
Past experience has seen the application of a top-down approach in development
planning and management by government. The beneficiaries of development were
insufficiently consulted and involved in the project development.
There is need for a policy to bolster the shift in approach in which coastal planning
and development is all inclusive and participatory and ensures community
involvement in the development and management processes.
Policy Statement
To ensure improved coordination and communication within government
departments, communities and other stakeholders in the management of coastal
resources, the government shall: -
i) Ensure the support and involvement of relevant administrative bodies and
sectors concerned with the management of the coastal area;
ii) Ensure the inclusion of communities and all other stakeholders in the planning
of coastal zone management programs;
iii) Develop and implement strategies that will enhance communication and
coordination among government, NGOs, CBO’s, and communities.
4.2 Sustainable Economic Development
4.2.1 Community empowerment and sustainable livelihoods
Traditional natural resource-based economic activities such as artisanal fisheries, and
timber harvesting from coastal and mangrove forests have supported local community
livelihoods for generations. However, due to over-harvesting and habitat destruction,
timber harvesting is restricted, while catches for certain fish species have declined due
to over-fishing in the near-shore waters. This situation has resulted in traditional
resource users loosing esteem, with the young fishers switching to other sectors of the
economy, such as tourism, leaving the older fishermen behind with diminished means
of livelihood support.
Policy Statement
To promote natural resource based economic sectors, the government shall: -
i) Promote off-shore fishery to ameliorate near-shore stocks;
ii) Promote alternative livelihoods;
iii) Strengthen mechanisms for co-management, rehabilitation of coastal
ecosystems, and sharing of benefits;
iv) Promote public – private sector partnerships in the conservation and
management of resources;
v) Restore and promote traditional values and practices that ensure sustainable
management and exploitation of resources;
vi) Promote a multi-sectoral approach to the management of coastal resources.
vii) Promote market based instruments for payments for environmental services,
e.g. Reducing Emissions from Deforestation in Developing countries
(REDD).
4.2.2 Resolving resource use conflicts and benefits sharing
High population growth and poverty among coastal communities is exerting
unrelenting pressure on coastal resources, resulting in use conflicts. Unplanned and
unregulated developments in tourism, housing, including private developments, is
attributed with turning fishing grounds into recreational areas, impeded access to
fishing grounds and depletion of resources. Despite large revenues generated from
tourism, coastal communities have not been able to realize the full potential of
opportunities provided by the sector. Illegal business structures on the beach conflict
with recreational use and interfere with fishing activities. Increased competition
amongst tourism players in providing services to tourists is compounding the
conflicts.
The declaration and delineation of protected areas without consultation with
communities has in certain cases spawned resentment because it restricts resource use
without providing viable options. Large scale agriculture and industrial fishing
generate appreciable incomes, but can cause negative environmental and social-
economic impacts. The former activity tends to deny local communities land for
development, while prawn trawling destroys the sea grass habitat and fishing gear for
artisanal fishers. The entry of fishers from neighbouring countries causes trans-
boundary conflicts in the sector. Coastal communities do not get a fair share of the
benefits from exploitation of the resources, despite suffering the impacts.
Policy Statement
To resolve resource use conflicts and benefits sharing, the government shall: -
i) Ensure equity in access to land and water space, and use of coastal
resources;
ii) Promote zoning schemes that resolve space and on-water use conflicts;
iii) Promote awareness and education programmes on resolving resource use
conflicts;
iv) Develop and implement a code of conduct for tourists and tourism
operators that is sensitive to cultural and religious values of local
communities;
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v) Develop and implement mechanisms for benefits sharing for local
communities from revenues accrued from the utilization of coastal
natural resources;
vi) Strengthen the guidelines for management of wildlife to minimise
human wildlife conflicts;
vii) Promote best practice in resource exploitation;
viii) Encourage multiple uses of ecosystems to reduce selective pressure.
4.3 Conservation of the Coastal and Marine Environment
4.3.1 Coastal and mangrove forests
Considerable reduction of coastal and mangrove forest cover has occurred as a result
of conversion to farmland, and clearing of mangroves for the establishment of
saltpans. Other direct threats include excessive/uncontrolled logging for timber,
wood-fuel and charcoal production, illegal cultivation and encroachment, and
excision for settlements and agricultural production. Climate change is expected to
enhance degradation of the forest habitat.
To stem these threats, it is important that policies that guide the sustainable
exploitation and management of coastal and mangrove forests are put in place.
Policy Statement
To preserve, protect and restore the integrity of coastal and mangrove forests, the
government shall: -
i) Ensure mainstreaming of the management of coastal forests and mangroves
into land use planning.
ii) Promote IWRM strategies to ensure the conservation of water catchments,
coastal and mangrove forests;
iii) Promote multi-sectoral approach in managing coastal and mangrove forest
areas to guide and regulate the multiple activities carried out in these
habitats;
iv) Promote co-management of coastal and mangrove forests;
v) Ensure developments proposed for areas in and adjacent to forest areas are
subjected to EIA ;
vi) Strengthen and enforce regulations governing protection of coastal forests,
including mangroves to facilitate their conservation;
vii) Develop and implement site specific management plans for coastal
terrestrial forests and mangroves;
viii) Undertake initiatives to effect the restoration of degraded coastal terrestrial
forests and mangroves.
4.3.2 Coral reefs and sea grass beds
The discharge of municipal wastewater, port development, deforestation and bad
agricultural practices along coastal river basins and catchment areas, has resulted in
high loads of suspended sediments into coastal waters, suppressing coral and sea-
grass growth and impacting the biodiversity negatively. Trawling for prawns damages
sea-grass habitats. Coral reef ecosystems are under threat from rise in sea level and
water temperature due to global warming, resulting in coral bleaching. The problems
faced by these habitats are aggravated by the lack of awareness of the importance of
these habitats and inadequate enforcement of relevant regulations to protect them.
Policy Statement
To preserve, protect and restore the integrity of coral reefs and sea grass beds, the
government shall: -
i) Enforce relevant laws to regulate fishing, including trawling, and tourism
activities in sea grass and coral areas;
ii) Promote good land use practices that address soil erosion, to control
sediment loading and siltation of coral reefs and sea grass beds;
iii) Promote international best practices and develop guidelines and standards
for sea-bed mining and oil exploration;
iv) Promote the build up of the knowledge base on coral reef and sea grass
ecosystems through scientific research and monitoring;
v) Promote the use of indigenous knowledge and scientific information in the
exploitation and management of coral reef and sea grass resources;
vi) Promote the establishing of flagship MPAs for the conservation of coral
reef and sea grass habitats;
vii) Domesticate the United Nations Framework Convention on Climate
Change, (UNFCCC), and related Multilateral Environmental Agreements
(MEAs).
4.3.3 Deltas and estuaries
Traditional land use practices of small-scale agriculture, pastoralism and fishing, have
sustainably maintained the ecological balance of the delta for thousands of years.
However, more recent human influence has been very strong. Most notably, draining
of wetlands for agriculture and control of water flow for irrigation and hydro-power
production, have resulted in reduced stream flow and saltwater intrusion.
Policy Statement
To preserve, protect and restore the integrity of estuaries and deltas, the government
shall: -
i) Ensure good land use practices to manage erosion and minimize the high
loads of suspended sediments and siltation;
Page | 25
ii) Promote integrated river delta planning and management to rationalize
diversion, damming of rivers and flood control and to ensure environmental
flows are maintained;
iii) Promote conservation of deltas and estuaries to ensure protection of
biodiversity in line with the Wildlife Conservation and Management Policy;
iv) Ensure enforcement of international best practices in planning and
implementation of river basin development for environmental sustainability.
v) Promote incentives for upstream communities through Payment for
Ecosystem Services (PES).
4.3.4 Management of cultural and natural heritage
The inter-linkage of the cultural and natural heritage makes the coastal region unique
and attractive for multi-sectoral investments and developments including expansion of
infrastructure, housing, tourism and port development. These developments occur
hand-in-hand with population growth, rapid urbanisation and an increasing demand
for agricultural land. However, they exert significant pressure on heritage sites,
manifested as encroachment onto national monuments, archaeological sites, and
forests. The pressures on heritage result from, among other, inadequate awareness and
education, weak legislation and protection programmes and inadequate development
plans that impinge on its integrity. This calls for appropriate measures to mitigate the
destruction of heritage sites and enhance sustainable management for the socio-
economic and cultural development of stakeholders.
Policy Statement
To preserve, protect and ensure the integrity of cultural and natural heritage, the
government shall:-
i) Promote cultural tourism and ensure proper planning and visitor management
to minimize negative cultural impacts on local communities;
ii) Promote community participation in the conservation and management of
heritage sites through the use of indigenous knowledge and observing cultural
values;
iii) Promote public private partnership involving local and international agencies
in the preservation, conservation and sustainable management of heritage
sites;
iv) Promote awareness and education for the community and other stakeholders
on the importance of cultural and natural heritage in socio-economic
development, cultural development and national cohesion;
v) Promote the development of alternative non-extractive or consumptive uses of
natural heritage sites for the benefit of the community;
vi) Ensure that archaeological and EIA studies are undertaken as requisite for
development projects on land and underwater environment as provided for in
the NMHA, 2006 and EMCA Environmental (Impact Assessment and Audit)
Regulations, 2003.
4.3.5 Pollution control and waste management practices
Rapid urbanisation in the coastal area has resulted in increased volumes of solid
wastes and sewage. The lack of, or inadequate waste management systems in most
urban centres is the cause of pollution on land and water systems. High densities of
plastic waste threaten beach ecology and aesthetics, which may adversely impact
tourism. Ballast water from ships is a potential source of alien species to seaports. The
effects of this include water borne diseases and loss of aesthetic value of the
environment, introduction of alien/invasive species, and impact on the productivity
and biodiversity of natural water systems.
Policy interventions are necessary to empower County governments adopt innovative
ways to effectively manage both municipal wastewater and solid waste to mitigate
environmental pollution.
Policy Statement
To improve the management of municipal wastewater and solid waste, the
Government shall;
i) Empower County governments to effectively manage urban waste;
ii) Promote public-private sector-partnership in waste management;
iii) Promote public awareness on good waste management practices to ensure a
clean and healthy environment;
iv) Enforce the EMCA (Waste Management and Water Quality) Regulations
2006.
v) Develop and implement pollution prevention and control guidelines for the
coastal zone.
vi) Strengthen County governments to enforce by-laws regulating municipal
waste management;
vii) Implement the oil spill contingency plan;
viii) Monitor and control of the incidence of alien invasive species;
ix) Enforce of the Merchant Shipping Act, 2009 (Pollution Control
Regulations).
Page | 27
4.3.6 Reversing the declining water quality
Coastal waters are threatened by pollution from coastal development, discharges from
municipal wastewater, storm-water, leachate from solid waste and oil spills.
Groundwater in particular is contaminated as a result of the extensive use of on-site
sanitation, while over-extraction of aquifers causes salt water intrusion, leading to the
decline in freshwater quality.
Polluted water is a potential source of water borne diseases, negative impact on
recreation and stress to ecosystem functions.
Policy Statement
To improve water quality, the government shall: -
i) Promote IWRM strategies to safeguard water quality;
ii) Enforce EMCA (Water Quality) Regulations 2006;
iii) Ensure sustainable extraction of groundwater to control the problem of
saltwater intrusion into water aquifers;
iv) Promote public awareness on the importance of protecting natural water
systems and development;
v) Implement the national Oil Spill Response Contingency plan.
4.3.7 Provision of potable water supplies
Potable water is a key resource in coastal development. Its supply in adequate
quantities is therefore essential. Most coastal urban and rural areas experience
deficiencies in the supply of potable water for domestic use. Consequently a majority
of the population has resorted to abstraction of groundwater to supplement the
available reticulated supplies. Tourist beach hotels almost invariably use the available
brackish groundwater for their bathrooms. There is no significant effort to promote
harvesting of rainwater.
Over-extraction of groundwater and destruction of water catchments exacerbate the
water supply problem and threaten environmental flows.
Policy Statement
To ensure the supply of adequate and potable water, the government shall: -
i) Identify and develop alternative sources of freshwater to reduce pressure
on groundwater sources;
ii) Promote suitable management strategies that protect water catchments and
water supply aquifers;
iii) Promote strategies that ensure environmental flow objectives are met;
iv) Encourage the adoption of water recycling and water saving practices;
v) Promote public awareness on the importance of protecting natural water
systems and development.
4.4 Environmental Risk Management
4.4.1 Addressing shoreline change
Shoreline change and instability occurs as a result of the manipulation of the
hydrological cycles, mining of sand, limestone and coral; destruction of natural
protective systems such as the fringing barrier reef and coastal vegetation, and
construction of structures along the shoreline. For example, the construction of sea-
walls is common practice in protecting capital investments from beach erosion, but
this interferes with shoreline dynamics and tends to exacerbate the problem in
adjacent unprotected areas. The converse, beach accretion attributed to excessive
supply of alluvial or lagoon sediments, is also a cause of shoreline instability. Sea
level rise, resulting from climate change, is poised to aggravate the problem.
Considering the severity of the problem the present trend must be managed through
policy intervention.
Policy Statement
To minimize the impacts of shoreline change, the government shall: -
i) Develop and implement a Shoreline Management Strategy for the entire coast
based on an understanding of the natural coastal processes and dynamics;
ii) Ensure that land use plans along the shoreline are informed by the Shoreline
Management Strategy and monitoring data;
iii) Harmonise, strengthen and enforce the regulations guiding development along
the shoreline.
4.4.2 Addressing emerging issues affecting the coastal zone
Emerging issues of concern in the coastal zone include: i) large economic
development projects that are likely to impact the environment in large scale; (ii)
environmental disasters related to cyclic droughts, floods, tsunamis and storm surges
and, (iii) Climate change. On economic development; a number of large scale projects
have been initiated in the coast in the recent past within the framework of Vision
2030. Such projects include infrastructure development projects such as the
LAPSSET Project in Lamu as well as Resort Cities projects in Kwale and Kilifi
counties; biofuel projects mainly involving Jatropha farming; Agriculture projects
involving mainly sugarcane and fish farming; Mining projects such as the Titanium
project in Kwale County, and oil and gas exploration in the sea among others at
planning stage.
Despite the immense economic benefits these projects present to the country, negative
impacts on the environment and socio-economic aspects are bound to be experienced
Page | 29
during implementation. To mitigate the likely impacts, the government shall ensure
that the projects adhere to environmental and social safeguards such SEA and EIA.
In respect to natural disasters, the coastal zone has in the recent past suffered from a
Tsunami incident that struck the Indian Ocean in 2004 leading to loss of life and
property. With changing climate incidences of droughts; floods and storm surges have
become more common. This calls for development of adequate policy measures to
safeguard the coastal zone and the resident communities from the disasters.
Climate change is a phenomenon that is still inadequately understood but one which is
bound to affect our coastal environment and development activities. Expected impacts
of climate change along the coast include degradation of habitats, loss of biodiversity,
increased shoreline erosion, sea level rise and flooding. These will affect people’s
livelihoods through loss of harvestable resources, loss of revenue from tourism,
diminishing water resources, destruction of infrastructure and increased incidences of
disease outbreaks.
The diverse issues emerging in the coastal zone require adequate policy direction and
development of strategies to mitigate the potential negative effects.
Policy Statement
To address the effects of emerging issues affecting the coastal zone, the government
shall: -
i) Ensure that new development policies, programmes and projects are
subjected to SEA and EIA
ii) Ensure environmental management plans for approved projects are
implemented to mitigate potential negative impacts
iii) Conduct land suitability mapping and integrated spatial planning
iv) Develop and implement a strategy for protection of the shoreline against the
impacts of climate change and other natural disasters;
v) Assess the vulnerability and resilience of the coastal resources to the impacts
of climate change;
vi) Develop early warning systems for natural disasters such as Tsunami and
effects of sea-level rise and impact on vulnerable areas;
vii) Promote sharing and dissemination of knowledge and technology in the
response to climate change and natural disasters;
viii) Promote the adoption of preventive and adaptive measures to mitigate
against the impacts of climate change.
ix) Promote the ecosystem based management
4.5 Capacity Building, Education, Awareness and Research
4.5.1 Education, awareness and information programs focusing on coastal zone
management
Improving levels of education and access to information on coastal zone issues
imparts knowledge and creates awareness on coastal zone management. Involvement
of the community and other stakeholders in planning and development of ICZM
strategies is important for successful implementation and sustainability of coastal
programmes. Participation of the stakeholders at all levels promotes ownership and
stewardship in resource management activities. As such, capacity building to
strengthen institutions and the development of appropriate communication channels to
pass on educational materials and awareness programmes targeting the community
cannot be overemphasised.
Policy Statement
To ensure appropriate education, awareness and information programs that focus on
coastal zone management, the government shall:-
i) Develop and implement an ICZM Education and Awareness strategy;
ii) Consider traditional knowledge and practice in the conservation, planning and
management of coastal resources;
iii) Establish mechanisms for information dissemination to decision makers,
communities and other stakeholders;
iv) Promote the integration of environmental best practices into the activities of
government, developers, communities and other stakeholders;
v) Support the scaling-up of best practices in coastal resources management.
vi) Promote participation of the community and other stakeholders in planning
and Implementation of ICZM policies.
4.5.2 Research and monitoring programs on the coastal zone
Effective coastal zone planning and management requires a thorough understanding
of the specific attributes of the area and an appreciation of the pressures and driving
forces that influence the area dynamics, including trans-boundary factors.
Understanding the variations in the physical, social, cultural, institutional and
economic characteristics, require data on trends and use of the area. Considerable
research effort has been made by researchers from government institutions, NGOs,
and individuals addressing specific coastal zone issues. However, the research
activities have been uncoordinated, with no established mechanism to disseminate
information at various levels. Thus, there is need for coordinated research and
monitoring programmes to generate the appropriate data and information, and to
ensure proper flows of the information between the researcher and those
implementing coastal zone actions.
Page | 31
Policy Statement
To ensure research and monitoring that informs coastal zone management, the
government shall:-
i) Promote the coordinated generation, dissemination and sharing of data and
information, for use in planning and decision making;
ii) Mainstream the use of traditional knowledge in research and management;
iii) Establish an Information Management System for, among other functions,
disseminating information on policy implementation, monitoring and reporting
on ICZM activities, and maintaining databases on coastal resources to support
decision making.
4.6 Institutional Arrangements and Legal Frameworks
4.6.1 Addressing the complex multi-sectoral problems of coastal areas
The sectoral approach in planning and management is un-coordinated and non-
participatory. EMCA 1999, Section 55 has mandated NEMA, in consultation with the
relevant lead agencies, to prepare an integrated national coastal zone management
plan. In this regard, the State of the Coast Report was prepared to inform the
development of the ICZM policy and management plan. However, the cooperation
and close collaboration of national lead agencies, local government, research
institutions, private sector, CBOs and NGOs in the development of the national
coastal zone management plan needs to be sustained.
Policy Statement
To establish institutional framework that adequately address complex multi-sectoral
problems of coastal areas, the government shall;
i) Put in place an institutional framework to fully implement the ICZM policy.
The framework will encompass all major stakeholders from government,
private sector and civil society;
ii) Finance the implementation of the ICZM policy and institutional
arrangements.
4.6.2 Legal framework
Most of the current legislations and policies were formulated to capture sector specific
management issues. The result has been conflicting legislation, duplication of effort,
and weaknesses in policy implementation and enforcement. EMCA 1999 has
provided for, among other activities, the preparation of an integrated coastal
management plan which needs to be supported by legislation to ensure its
implementation.
Policy Statement
To provide for a legal framework for integration and coordination of sectoral policies
for the development and management of the coastal zone, the government shall;
i) Enact legislation on integrated coastal zone planning and management;
ii) Provide for financial arrangements to sustain implementation of the policy.
iii) Harmonise sectoral policy and legal frameworks to address policy overlaps
and gaps.
Page | 33
CHAPTER 5: IMPLEMENTATION FRAMEWORK
5.1 Implementation Framework
The National Environmental Management Authority, in consultation with other
sectoral agencies and development partners, shall set out to provide for the
establishment of an institutional framework for implementation of this Policy. In
addition the framework shall provide for capacity building and mechanisms for
financing this policy.
5.1.1 Capacity building
Training shall be undertaken to build capacity at both national and local level
institutions that will be involved in implementation of the policy. The government
will develop, in the long term, manpower to ensure efficient and effective
implementation of the ICZM Policy.
5.1.2 Policy enforcement and monitoring
In order to instil good governance in coastal zone administration and management,
there shall be need to put in place integrated enforcement measures to protect the
policy from interference. This policy will form the basis for, and be recognized as the
overall guide to all coastal zone management activities.
The government shall also put in place monitoring and evaluation mechanisms to
monitor and ensure that implementation of the policy is effective and on course.
P
Implementation Matrix
Theme: Integrated Planning and Coordination
jective Policy Statement Strategic Actions Results Expected Indicator Implementation
Responsibility
Management
evelopment
Guide and coordinate participatory
planning and management of
development through spatial planning
Develop an integrated spatial plan
for the coast region
Coordinated development An integrated
spatial plan
Physical Planning
Department, County
governments
Strategize for managing development and
growth
Formulate a strategic development
and growth plan for the coast
Sustainable development and
growth
Strategic action
plan
CDA, County
Governments
Strengthen capacity of planning and
development institutions
Develop capacity building plan for
institutions
Enhanced proficiency in service
delivery
Capacity building
plan
CDA, County
Governments
Integrate environmental safety and
aesthetics in development planning in
harmony with land use plans
Integrate environmental safety and
aesthetics in development planning
Environmental health integrated
in development planning
Environmental
Quality Objectives
(EQOs)
NEMA and
implementing
institution
Promote implementation of the National
Land Policy (NLP) to address issues of
land tenure in the coast
Develop an implementation plan of
the NLP in the Coastal Zone
Reduction of land tenure
problems
Implementation
Action plan
Ministry of Lands,
Housing & Urban
development
eco-friendly
e and Public
Promote the provision of amenities and
infrastructure through integrated spatial
planning
Undertake needs assessment for
amenities and infrastructural
development
Priority areas identified Needs assessment
report
Physical Planning
Department and
County governments
Promote private-public partnership in
promotion of green/eco-friendly economic
activities
Provide incentives to private sector
to encourage green economy
activities
Thriving green economy
initiatives
Enhanced service
delivery
NEMA, MEWNR,
Private sector, lead
institutions, County
governments
Ensure infrastructure development
mainstreams environmental
considerations
Integrate EIA in the provision of
infrastructure and public services
EIA integrated in the provision
of infrastructure and public
services
EIA Reports for
infrastructure
development
projects
NEMA, MEWNR and
County governments
and
on
within and
ernment,
nd other
Ensure support and involvement of
relevant administrative bodies and sectors
in ICZM
Establish mechanisms for
integration and coordination of
ICZM
Integrated and coordinated
approach in coastal zone
management
ICZM Coordination
mechanisms
NEMA, MEWNR,
County Governments,
stakeholders
Involve communities and all other
stakeholders in planning ICZM programs
Participatory ICZM planning forum Wider participation in ICZM
programs
Number and
diversity ICZM
planning forum
NEMA ,County
Governments,
stakeholders
Develop and implement strategies that
enhance communication among
government and other stakeholders
Establish channels of
communication on environmental
matters
Effective communication among
stakeholders
Communication
mechanisms in
place
All stakeholders
Theme: Sustainable Economic Development
jective Policy Statement Strategic Actions Results Expected Indicator Implementation
Responsibility
community
nt and
velihoods
Promote off-shore fishing to reduce
pressure on near-shore stocks
Empower local fishers to venture
off-shore
Increased Exploitation of off-
shore fisheries by local fishers
Thriving near shore
fishery, Improved
livelihoods
Department of
Fisheries, BMUs,
NGOs, County
governments
Promote alternative livelihoods Empower local communities to
diversify means of livelihood
Diversified economic base Number of
livelihood options
Government Lead
institutions, NGOs,
County governments
Strengthen mechanisms for co-
management, rehabilitation of coastal
ecosystems, and sharing of benefits
Establish community managed
areas (CMAs) in marine and
terrestrial
network of protected areas
expanded through CMAs
Expanded network
of protected areas
in coast
KWS, KFS,
Department of
Fisheries, CBOs and
NGOs, County
Governments
Promote PPPs in the conservation and
management of coastal resources
Develop and implement projects
based on PPPs
Thriving PPPs on coastal and
marine resources conservation
number of PPPs NEMA, CDA, private
sector, CBOs, County
Governments
Restore and promote traditional values and
practices that ensure sustainable
exploitation of resources
Document best traditional
practices and mainstream them in
conservation
Traditional knowledge and best
contributing to conservation
Documentation on
best traditional
practices
MEWNR, NMK, KWS,
Department of
Fisheries, KFS, CBOs
& NGOs
Promote multi-sectoral approach to the
management of coastal resources
Develop and implement site
specific ICZM action plans
Integrated management of
coast resources
site specific ICZM
action plans
NEMA, stakeholders,
County governments,
Promote market based instruments for
payments for ecosystem services
Develop schemes that promote
payment for ecosystem services
Improved conservation of
critical habitats and benefits to
local communities
schemes on
payment for
ecosystem
services
NEMA, MEWNR, lead
institutions, private
sector, NGOs, Local
communities, County
Governments
esource Use
Benefits
Ensure equity in access and use of
resources
Provide access to marine
resources and establish benefit
sharing schemes
Equitable access to marine
resources
Access &
Increased benefits
to the community
County Governments
Promote zoning schemes to resolve space
and on-water use conflicts
Develop and enforce zone plans Zoned areas Reduced resource
use conflicts
Physical Planning,
County Governments
Promote awareness and education on
resolving resource use conflicts
Develop and implement conflict
resolution mechanisms
Harmonious co-existence of
resource users
Reduced resource
use conflicts
NEMA, MEWNR, CDA,
Resource users, KWS,
County Governments
Develop and implement a code of conduct
that is sensitive to the cultural and religious
values of local communities
Establish code of conduct for
visitors
Visitors sensitised on cultural
and religious values
Code of conduct Department of Tourism
& NMK
Develop and implement mechanisms for
benefits sharing for local communities from
revenues accrued from the utilization of
coastal natural resources.
Establish a benefit sharing
schemes
Equitably shared benefits Improved livelihood KWS, County
Governments
Strengthen guidelines to minimise human Institute regulations and by-laws to Resolution of human-wildlife Reduced human- KWS, local
P
wildlife conflicts address human-wildlife conflicts conflicts wildlife conflicts communities & County
Governments
Promote best practice in resource
exploitation
Develop guidelines on resource
management
Sustainable resource
exploitation
Sustained benefits
to the community
KFS, KMFRI, CDA,
KWS & Stakeholders
Diversify livelihoods for local communities
to reduce pressure on critical habitats
Identify and promote alternative
income generating activities
Improved livelihoods, recovery
of critical habitats
Increased and
sustained benefits
to the community
Lead Institutions,
NGOs, Private sector,
Local communities,
County Governments
Theme: Conservation of the Coastal and Marine Environment
jective Policy Statement Strategic Actions Results Expected Indicator Implementation
Responsibility
rests
Ensure mainstreaming of the management of
coastal forests and mangroves into land use
planning
• Establish zones for specific
activities
• Provide access for non-
extractive uses
integrity of forest ecosystem
maintained;
Provision of socio-cultural
services
Land-use plan KFS, MEWNR, KWS,
Physical Planning
Department
Promote IWRM strategies to ensure the
conservation of water catchments, coastal and
mangrove forests
Map and gazette water catchment
areas
Services of water
catchments maintained
Land use plan WRMA, KFS, County
Governments
Promote a multi-sectoral approach in managing
coastal and mangrove forests
Set up mechanisms for
coordination of sectoral activities
Minimize duplication of effort
and foster synergy
Standing Committee KFS, County
Governments
Promote co-management of coastal and
mangrove forests
Strengthen mechanisms for co-
management
Conservation and sharing of
benefits
Co-managed
conservation areas
KFS, KWS, Fisheries
Department
Ensure developments proposed for areas in
and adjacent to forest areas are subjected to
EIA
Integrate EIA in development
planning and management
Environmental health
integrated in development
planning and management
EIA reports NEMA and Lead
Institution
Strengthen and enforce regulations governing
protection of coastal forests, including
mangroves to facilitate their conservation
Harmonize sectoral regulations
governing coastal forests and
mangroves
Harmonized and effective
regulations
Healthy forest
systems
MEWNR, KFS
Develop and implement site specific
management plans for coastal terrestrial
forests and mangroves
Develop and implement site
specific management plans
Sustainable management of
resources
Number of site
specific
management plans
KFS, KMFRI,
Community Forest
Associations, County
Governments
Undertake initiatives to restore degraded
coastal terrestrial forests and mangroves
Establish schemes for restoration
of degraded coastal forests
Healthy and productive
ecosystems
Number of
successful
restoration
schemes
KFS, KMFRI, NGOs,
Community Forest
Associations, County
Governments
nd Enforce relevant laws to regulate fishing,
including trawling, and tourism activities in sea
grass and coral areas;
• Establish activity zones
• Establish conservation areas
• Minimize use conflicts
• Maintaining ecosystem
integrity
Space use plan
Fisheries Department,
KWS, Tourism
Department
Promote good land management practices that Establish erosion control measures Coral reefs and sea grass Healthy ecosystems KFS, Department of
address soil erosion, to control sediment
loading and siltation of coral reefs and sea
grass beds
beds free from impacts of
siltation
Agriculture, KEFRI,
NEMA
Promote best practices and guidelines and
standards for sea-bed mining and oil
exploration
• Adopt best practices
• Establish guidelines and
standards
Minimize impacts of sea-bed
mining and oil exploration
A schedule of best
practices, guidelines
and standards
Ministry of Mining,
Ministry of Energy and
Petroleum
Promote the build up of knowledge base on the
coral reef and sea grass ecosystems through
scientific research and monitoring
Strengthen research and
monitoring programs
Scientific data and
monitoring information
Database KMFRI, Cordio, CRCP,
Academia
Promote the use of indigenous knowledge and
scientific information in the exploitation and
management of coral reef and sea grass
resources
• Document indigenous knowledge
• Apply traditional knowledge best
practices
Information
Conservation of coral reefs
and sea grass beds
Database
Healthy ecosystems
KMFRI, Cordio, CRCP
Promote the establishing of flagship MPAs for
the conservation of coral reef and sea grass
habitats
Identification and gazettement of
MPAs
Increased area for coral reef
conservation
Number of new MPAs KWS, Department of
Fisheries, BMUs,
County Governments
Domesticate the United Nations Framework
Convention on Climate Change, (UNFCCC),
and related Multilateral Environmental
Agreements (MEAs)
Domesticate UNFCCC and other
MEAs
Kenya meeting its
international obligations
Number of
international
obligations
domesticated
MEWNR, NEMA, Lead
Institutions, County
Governments
stuaries Ensure good land use practices to manage
erosion and minimize the high loads of
suspended sediments and siltation
Establish erosion control measures
at catchment areas and along river
basins
Reduced siltation in deltaic
and estuarine areas
Healthy delta and
estuarine ecosystems
KFS, WRMA, TARDA,
CDA, Local
communities County
Governments
Promote integrated river delta planning and
management to rationalize diversion, damming
of rivers and flood control and to ensure
environmental flows are maintained
Implement IWRM principles Healthy river basins Reduced impacts on
river basins
WRMA, TARDA, CDA,
County governments
Promote conservation of deltas and estuaries
to ensure protection of biodiversity
Develop and implement integrated
Tana delta management plan
Sustainably managed Tana
delta
Healthy Tana delta
ecosystems
NEMA, KWS, TARDA,
CDA, WRMA, County
Governments
Ensure enforcement of best practices in
planning and implementation of river basin
development for environmental sustainability
Develop capacity in human
resource and technical capability
Effective enforcement Sustainable river
basin management
WRMA, TARDA, CDA
, County governments
Promote incentives for upstream communities
through Payment for Ecosystem Services
Develop PES scheme for river
basins draining to the ocean
Sustainably managed river
basin
PES for river basins
draining to Indian
Ocean
NEMA, TARDA,
WRMA, CDA, County
Governments
maritime
urce
Promote cultural tourism and ensure proper
planning and visitor management to minimize
negative cultural impacts on local communities
• Develop a visitor management
plan
• Develop a code of conduct for
tourists
Cultural values of local
communities maintained and
respected
• A visitor
management plan
• A code of conduct
NMK , KWS
Promote community participation in the
conservation and management of heritage sites
through the use of indigenous knowledge and
observing cultural values
Identify and document indigenous
knowledge
Indigenous knowledge and
cultural values incorporated
in conservation of heritage
sites
Documentation on
indigenous knowledge
NMK, KWS
P
Promote public private partnership involving
local and international agencies in the
preservation, conservation and sustainable
management of heritage sites
Establish incentives for PPP Thriving PPP in conservation
and sustainable
management of heritage
sites
Number of functional
PPPs
NMK, KWS, County
Governments
Promote awareness on the importance of
cultural and natural heritage
Develop awareness and education
program targeting the community
and other stakeholders
Well informed and cohesive
community and other
stakeholders
Number of awareness
and education
programs
NMK, KWS, NEMA,
CDA
Promote the development of alternative non-
extractive or consumptive uses of natural
heritage sites for the benefit of the community
Empower the community with skills
and tools to develop alternative
livelihoods
Community engaged in
alternative non-consumptive
uses of heritage sites
Number and diversity
of successful
community based
alternative ventures
CDA, NMK, KWS
Ensure development projects likely to impact
archaeological sites are subjected to EIA
Enforce EMCA regulations on EIA
studies on development projects.
• Compliance with
regulations
• Sound management of
heritage sites
EIA study reports for
development projects
NMK, NEMA
trol and
gement
Empower County Governments to effectively
manage urban waste
Strengthen municipal by-laws and
enhance capacity of
law enforcers
Effective enforcement of by-
laws to manage urban waste
Effective by-laws MEWNR, NEMA,
County Governments
Promote public-private sector-partnership in
waste management
• Provide incentives for PPP
• Enforce EMCA (Waste
Management) Regulations 2006
• Private sector participation
in waste management
• Compliance with
regulation
• Number of
successful
partnerships
• Level of
compliance
MEWNR, NEMA,
County Governments,
NGOs, Private sector
Promote public awareness on good waste
management practices to ensure a clean and
healthy environment
Develop public awareness
programs
Public involvement in good
waste management practices
A clean environment MEWNR, NEMA,
County Governments,
NGOs, Private sector,
Ministry of Health
Enforce the EMCA (Waste Management and
Water Quality) Regulations 2006
Ensure compliance with solid
waste management regulations on
transport and dumping sites
through inspection, licensing and
promotion of compliance
Appropriate solid waste
disposal
Improved efficiency in
solid waste
management
MEWNR, NEMA,
County Governments
Develop and implement pollution prevention
and control guidelines for the coastal zone
Develop and implement pollution
management and mitigation
strategy
Classification and zoning of
sites based on pollution
sources, levels, types and
potential threats
Pollution control
strategy
MEWNR, NEMA,
County Governments
Strengthen County Governments to enforce by-
laws regulating urban waste management
• Establish reward schemes for
best practices in waste
management
• Strengthen the surveillance and
monitoring within County
authorities
Healthy ecosystems and
environment
Improved compliance
in waste management
MEWNR, County
Governments, NEMA
Implement the oil spill contingency plan • Strengthening OSMARG
• Enforce the polluter pays
Environment free from oil
pollution
Compliance to
Environmental Quality
KMA, KPA, OSMAG &
Stakeholders
principle in relation to EMCA
(Water Quality) Regulation 2006
Standards
Monitor and control the incidence of alien
invasive species
Set up monitoring program for alien
invasive species
Informed response to alien
and invasive species
Database KWS, KFS, KMFRI,
KEFRI
Enforce the Merchant Shipping Act, 2009
(Pollution Control Regulations)
Enforce the polluter pays principle Marine environment free
from pollution
Compliance to
Environmental Quality
Standards
KMA, OSMAG, KPA &
Stakeholders
e
er
Promote IWRM strategies to safeguard water
quality
• Enforce EMCA (Water Quality)
Regulations 2006
• Implement IWRM principles
Sustained good water quality • Reduced
incidences of water
borne diseases
• Healthy water
systems
MEWNR, WRMA,
NEMA, NGOs
Enforce EMCA (Water Quality) Regulations
2006
Enforce the polluter pays principle Sustained satisfactory quality
of surface (sea and fresh
water) and groundwater
Improved quality of
surface and
groundwater
WRMA, NEMA,
MEWNR
Ensure sustainable extraction of groundwater
to control the problem of saltwater intrusion into
water aquifers
• Regulate extraction of
groundwater based on pumping
test results
• Regulate spacing of extraction
points
Sustained good groundwater
quality
Effective regulations WRMA, MEWNR
Promote public awareness on the importance
of protecting natural water systems and
development
Develop public awareness
programs
Public involvement in
protecting natural water
systems
Healthy water
systems
WRMA, MEWNR, KFS
Implement the national Oil Spill Response
Contingency plan
enactment of the Merchant
Shipping bill
• Institutional arrangements
in place
• Finances are secured
Oil spill contingency
plan in operational
KMA, OSMAG, KPA
potable
es
Identify and develop alternative sources of
freshwater to reduce pressure on groundwater
sources
Identify and develop alternative
sources of freshwater
Alternative sources
developed
Reduced pressure on
groundwater
WRMA, MEWNR
Promote suitable management strategies that
protect water catchments and water supply
aquifers
• Zoning aquifer recharge areas
• Implement IWRM principles
Reliable water supply
sources
Delineated water
catchments
WRMA, KFS, MEWNR
Promote strategies that ensure environmental
flow objectives are met
Implement IWRM principles Ecological services
sustained and social needs
satisfied
Healthy ecosystems
Healthy population
WRMA, TARDA, CDA
Encourage the adoption of water recycling and
water saving practices
Raise awareness on the need for
water conservation
Controlled use of water Reduced water
consumption
WRMA, MEWNR,
NEMA
Promote public awareness on the importance
of protecting natural water systems and
development
Develop public awareness
programs
Public involvement in
protecting natural water
systems
Healthy water
systems
WRMA, MEWNR,
NEMA
P
Theme: Environmental Risk Management
jective Policy Statement Strategic Actions Results Expected Indicator Implementation
Responsibility
horeline change Develop and implement a Shoreline
Management Strategy for the entire
coast based on an understanding of the
natural coastal processes and dynamics
Develop vulnerability maps of the
coastal zone
Vulnerable areas identified
and mapped
Vulnerability
maps
KMD, CDA, KMFRI,
Physical Planning
Department, County
Governments
Ensure that land use plans along the
shoreline are informed by Shoreline
Management Strategy and monitoring
data
Generation of monitoring data Shoreline stability and
dynamics established
Database CDA, KMFRI,
Physical Planning
Department
Review and harmonise regulations
guiding development along the
shoreline
Define set back limits for the
shoreline based on detailed study
of shoreline stability
Setback limits established for
shoreline based on scientific
study on shoreline stability
Setback limits
informed by
science
NEMA, MEWNR,
Physical Planning
Department, County
Governments
merging issues affecting
one
Develop and implement a strategy for
protection of the coastal area against
the impacts of climate change and other
natural disasters
Develop and implement
strategies to protect areas
vulnerable to impacts of climate
change
Effective protection of areas
vulnerable to climate change
impacts
Vulnerable areas
secured
KMD, NEMA, CDA,
Physical Planning
Department, County
Governments
Assess the vulnerability and resilience
of the coastal resources to the impacts
of climate change
Commission vulnerability studies Data & information Study Reports KMD, KMFRI,
KEFRI, CDA, NEMA,
County Governments
Develop early warning systems for
natural disasters (such as Tsunami) and
monitor sea-level rise and its effects on
vulnerable areas
Develop and implement early
warning systems for natural
disasters &strengthen capacity
for sea-level monitoring
Improved capacity to detect
and respond to natural
disasters and sea-level rise
impacts
early warning
systems and sea-
level monitoring
reports
KMFRI, KMD,
MEWNR
Promote sharing and dissemination of
knowledge and technology in the
response to climate change
Develop climate change
information sharing mechanism
Improved awareness on
climate change and its
impacts
Information
sharing
mechanisms
MEWNR, KMFRI,
KMD, NEMA, County
Governments
Promote the adoption of appropriate
preventive and adaptive measures to
mitigate against the impacts of climate
change.
Identify and promote climate
change mitigation and adaptation
measures
Improved capability by
communities to mitigate and
adapt to climate change
Climate change
mitigation and
adaptation
measures
KMD, MEWNR,
NEMA, KMFRI,
County Governments
Theme: Capacity Building, Education, Awareness and Research
jective Policy Statement Strategic Actions Results Expected Indicator Implementation
Responsibility
wareness and
rograms focusing
one management
Develop and implement an ICZM Education
and Awareness strategy
Develop appropriate awareness
and education programs targeting
the various stakeholders
Improved awareness on
importance of coastal and
marine resources
ICZM Awareness
strategy,
Information
materials
NEMA, NGOs,
CBOs, stakeholders
Consider traditional knowledge and practice
in the conservation, planning and
management of coastal resources
Document traditional knowledge
and best practices
Application of traditional
knowledge in conservation
Traditional
knowledge and
values applied
NMK, KMFRI,
County Governments
Establish mechanisms for information
dissemination to decision makers,
communities and other stakeholders
Establish mechanisms for
information dissemination
Well informed decision
makers, communities & other
stakeholders
Information
channels
NEMA, Lead
institutions, NGOs,
CBOs, County
Governments
Promote environmental best practices into
the activities of government, developers,
communities and other stakeholders
Develop code of conduct
Propagate environmental
auditing of activities
Stakeholders observing
environmental best
practices
Regular audits
Code of
conduct
Reports
NEMA, KWS, KFS,
County Governments
Support the scaling-up of best practices in
coastal resources management
Adopt a systematic incremental
approach to scaling-up of best
practices
Wider appreciation and
adoption of best practices in
resource management
Monitoring report NEMA, Lead
institutions,
Stakeholders
Promote participation of the community and
other stakeholders in planning and
Implementation of ICZM policies
Raise awareness and education
on ICZM
Community involvement in
ICZM planning and
implementation
Increased
awareness and
community
participation in
ICZM
NEMA, CDA &
Stakeholders
d monitoring
using on the coastal
Promote the coordinated generation,
dissemination and sharing of data and
information, for use in planning and decision
making
Develop monitoring programs
on resource use and
environmental health
Establish information databases
on coastal resources to support
decision making
Monitoring data and
information
Databases NEMA, CDA, Lead
institutions, NGOs,
CBOs, County
Governments
Mainstream the use of traditional knowledge
in research and management
Survey and document traditional
knowledge in resource
management
Information on traditional
knowledge
Documentation Lead Institutions,
Academia, NGOs,
CBOs
Establish a centralised Information
Management System (IMS) on coastal and
marine resources to support decision making
and planning
Develop coastal and marine
resources IMS
Central database on coastal
and marine resources put in
place
Databases Physical Planning,
NEMA, Lead
Institutions,
stakeholders, County
Governments
heme: Institutional Arrangements and Legal Frameworks
P
jective Policy Statement Strategic Actions Results Expected Indicator Implementation
Responsibility
he complex multi-
lems of coastal Areas
Put in place an institutional framework
to fully implement the ICZM policy
Strengthen NEMA’s capacity to
promote the principle of
integration & sustainable
development in coastal zone
Improved coordination
and integration of sectoral
efforts
Clean and healthy
environment
MEWNR, NEMA
Finance the implementation of the ICZM
policy and institutional arrangements
Mobilise resources and
implement ICZM Policy
Resources mobilised and
ICZM policy implemented
ICZM policy
implemented
MEWNR, NEMA,
lead Institutions,
NGOs, Private
sector, County
Governments
work Enact legislation on integrated coastal
zone planning and management
Develop ICZM legislation ICZM legislation
developed
ICZM Act MEWNR, NEMA,
Stakeholders,
County Governments
Provide for financial arrangements to
sustain implementation of the policy
Secure funding from Government
sources
ICZM operations funded funding mechanisms MEWNR, County
Governments
Harmonize sectoral policy and legal
frameworks to address policy overlaps
and gaps
Review policy and legal
frameworks relevant to coastal
resource management
Improved legal and policy
environment on coastal
and marine conservation
Harmonized sectoral
policy and legal
frameworks
MEWNR, NEMA,
Lead institutions,
Stakeholders,
County Governments
FOREWORD
EXECUTIVE SUMMARY
1.2.3 The Physical planning Act of 1996
1.2.5 Merchant Shipping Act of 2009
1.2.6 National Museums and Heritage Act 2006
1.2.12 National Oceans and Fisheries policy
1.2.13 Water Policy
1.2.14 National Land Policy
1.2.15 Regional Development Authorities Policy
1.2.16 Draft Environmental Policy
1.2.17 Draft Integrated Ocean Policy
1.2.18 Draft National Wetlands Policy
1.2.19 Draft Forestry Policy
1.2.20 Draft Wildlife Policy
1.2.21 Draft Tourism Policy
4.3.4 Management of cultural and natural heritage
4.3.7 Provision of potable water supplies
Annex: Implementation Matrix
REPUBLIC OF KENYA
Ministry of Environment, Water and
Natural Resources
Draft
Integrated Coastal Zone Management
(ICZM) Policy
December 2013
Page | i
Table of Contents
ABBREVIATIONS AND ACRONYMS ..................................................................... iv
FOREWORD ................................................................................................................ vi
EXECUTIVE SUMMARY ....................................................................................... viii
CHAPTER 1: INTRODUCTION ................................................................................. 1
1.1 Background ............................................................................................ 1
1.2 Existing Policy Instruments ................................................................... 2
1.2.1 Draft Integrated Ocean Policy ................................................................ 9
1.2.2 National Oceans and Fisheries policy .................................................... 6
1.2.3 Merchant Shipping Act of 2009 ............................................................. 3
1.2.4 Water Policy ........................................................................................... 7
1.2.5 Draft Wetland Policy .............................................................................. 9
1.2.6 National Land Policy .............................................................................. 7
1.2.7 The Physical planning Act of 1996 ........................................................ 2
1.2.8 Draft Forestry Policy ............................................................................ 10
1.2.9 Draft Wildlife Policy ............................................................................ 10
1.2.10 Draft Tourism Policy ............................................................................ 10
1.2.11 Draft Environmental Policy ................................................................... 8
1.2.12 National Museums and Heritage Act 2006 ............................................ 4
1.2.13 Regional Development Authorities Policy ............................................. 8
1.3 Justification for the ICZM Policy ......................................................... 11
1.4 ICZM Policy Formulation Process ....................................................... 11
1.5 Policy Review ...................................................................................... 12
CHAPTER 2: COASTAL RESOURCES, OPPORTUNITIES, ISSUES AND
CHALLENGES ........................................................................................................... 13
2.1 Geographical Extent and Management Area for ICZM ....................... 13
2.2 Coastal Resources and Socio-economic Opportunities ........................ 13
2.2.1 Coastal and mangrove forests .............................................................. 13
2.2.2 Coral reefs ............................................................................................ 14
2.2.3 Sea-grass beds ...................................................................................... 14
2.2.4 River basins, deltas and estuaries ......................................................... 14
2.2.5 Beaches and sand dunes ....................................................................... 15
2.2.6 Cultural and natural heritage ................................................................ 15
2.3 Coastal Zone Issues .............................................................................. 16
2.4 Coastal zone management challenges .................................................. 18
CHAPTER 3: POLICY GOAL, OBJECTIVES AND PRINCIPLES ......................... 19
3.1 Vision ................................................................................................... 19
3.2 Mission ................................................................................................. 19
3.3 Policy Objectives .................................................................................. 19
3.4 Guiding principles ................................................................................ 19
CHAPTER 4: THE ICZM POLICY STATEMENTS ................................................ 21
4.1 Integrated Planning and Coordination .................................................. 21
4.1.1 Planning and management of coastal development ............................. 21
4.1.2 Provision of adequate infrastructure and public service ...................... 21
4.1.3 Coordination and communication mechanisms within and between
government, community and other stakeholders .................................. 22
4.2 Sustainable Economic Development .................................................... 22
4.2.1 Community empowerment and sustainable livelihoods ....................... 22
4.2.2 Resolving resource use conflicts and benefits sharing ......................... 23
4.3 Conservation of the Coastal and Marine Environment ........................ 24
4.3.1 Coastal and mangrove forests .............................................................. 24
4.3.2 Coral reefs and seagrass beds ............................................................... 25
4.3.3 Deltas and estuaries .............................................................................. 25
4.3.4 Management of cultural and natural heritage ....................................... 26
4.3.5 Pollution control and waste management practices ............................. 27
4.3.6 Reversing the declining water quality .................................................. 28
4.3.7 Provision of potable water supplies ..................................................... 28
4.4 Environmental Risk Management ........................................................ 29
4.4.1 Addressing shoreline change ................................................................ 29
4.4.2 Addressing emerging issues affecting the coastal zone ....................... 29
4.5 Capacity Building, Education, Awareness and Research .................... 31
4.5.1 Education, awareness and information programs focusing on coastal
zone management ................................................................................. 31
4.5.2 Research and monitoring programs focusing on the coastal zone ....... 31
4.6 Institutional Arrangements and Legal Frameworks ............................. 32
4.6.1 Addressing the complex multi-sectoral problems of coastal areas ...... 32
4.6.2 Legal framework .................................................................................. 32
CHAPTER 5: IMPLEMENTATION FRAMEWORK ............................................... 34
5.1 Implementation Framework ................................................................. 34
5.1.1 Capacity building ................................................................................. 34
5.1.2 Policy enforcement and monitoring ..................................................... 34
Annex: Implementation Matrix .................................................................................... 35
Page | iii
ABBREVIATIONS AND ACRONYMS
AFS International Convention on the Control of Harmful Anti-Fouling
Systems on Ships, 2001
CBOs Community Based Organizations
CDA Coast Development Authority
EEZ Exclusive Economic Zone
EIA Environmental Impact Assessment
EMCA Environmental Management and Coordination Act 1999
ENNDA Ewaso Ng’iro North River Basin Development Authority
ENSDA Ewaso Ng’iro South River Basin Development Authority
EQOs Environmental Quality Objectives
GDP Gross Domestic Product
HNS Protocol on Preparedness response and Cooperation to Pollution
Incidents by Hazardous and Noxious Substances, 2000
ICZM Integrated Coastal Zone Management
IWRM Integrated Water Resources Management
KARI Kenya Agriculture Research Institute
KEFRI Kenya Forest Research Institute
KMFRI Kenya Marine Fisheries Research Institute
KFS Kenya Forestry Service
KVDA Kerio Valley Development Authority
KWS Kenya Wildlife Service
LAPSSET Lamu Port Southern-Sudan-Ethiopia Transport
LBDA Lake Basin Development Authority
LDC International Convention on the Prevention of Marine Pollution by
Dumping of Wastes and other Matter (London Dumping Convention),
1972
MARPOL International Convention for the Prevention of Pollution from Ships,
1973
MEAs Multilateral Environmental Agreements
MPAs Marine Protected Areas
NEMA National Environment Management Authority
NGOs Non-Governmental Organizations
OSMAG Oil Spill Mutual Aid Group
NMHA National Museum and Heritage Act, 2006
NMK National Museums of Kenya
PES Payment for Ecosystem Services
PPP Public – Private sector Partnershp
RDA Regional Development Authority
REDD Reducing Emissions from Deforestation and Degradation
TARDA Tana and Athi Rivers Development Authority
UNCLOS United Nations Convention on Law of the Sea, 1982
UNESCO United Nations Educational, Scientific and Cultural Organisation
UNFCCC United Nations Framework Convention on Climate Change
WRMA Water Resources Management Authority
Page | v
FOREWORD
The coastal area of Kenya is endowed with a rich variety of natural resources that
form the socio-economic base of the region. The resources therein support multiple
forms of uses including tourism, agriculture, shipping, fisheries and forestry, which
make significant contributions to the local and national economy. For example, about
60% of the contribution of tourism to the national economy comes from coastal
tourism. However, different sectoral interests have tended to seek exclusive access to
and use of coastal resources, and past sectorally based governance systems failed to
recognise the interconnectedness of ecosystems in resource management.
Consequently, the sectoral approach to development planning and management,
combined with population pressure and the intensity and complexity of human
activities in the coastal area have spawned resource use conflicts and adverse socio-
economic and environmental effects.
The development and implementation of an ICZM action strategy for the Nyali-
Bamburi-Shanzu area in Mombasa in 1996 by a multi-sectoral team under the
coordination of CDA marked early efforts at integrated management of coastal
resources for sustainable development. Later in 1999, the enactment of the
Environmental Management and Coordination Act (EMCA 1999) obliged NEMA, in
consultation with the relevant lead agencies, to conduct a survey of the coastal zone
and prepare an integrated national coastal zone management plan based on the report
of the survey. The preparation of the State of the Coast report in 2009 was in response
to this requirement. Subsequent efforts coordinated by NEMA culminated in the
formulation of the ICZM policy framework to guide development planning and
management, conservation of the environment and accommodate the social and
economic needs of local communities. The objectives of the policy are to:-
i) Promote integrated planning and coordination of coastal developments across
the various sectors;
ii) Promote sustainable economic development to secure livelihoods of coastal
communities;
iii) Conserve the coastal and marine resources and environment for sustainable
development;
iv) Manage environmental risks associated with changes in shoreline and climate;
v) Develop capacity in research and education and enhance stakeholder
awareness and participation in sustainable resource management;
vi) Establish effective institutional and legal frameworks for implementation of
the ICZM policy.
The ICZM policy is rooted in the understanding that the coastal and marine
environment is a limited spatial area and a distinctive system in which a range of
environmental and socio-economic interest interconnect in a manner which requires a
dedicated and integrated management approach. Its preparation was participatory,
involving stakeholders from government agencies, private sector, NGOs, expert
groups and community based organisations.
The vision of the policy is “A coastal zone with healthy ecosystems and resources that
sustain the socio-economic development and well-being of the current and future
generations”. It seeks to promote sustainable development in the coastal zone in line
with the principles of the new constitution and objectives of vision 2030. The
Government is committed to the implementation of this policy to ensure sustained
benefits to coastal communities and the national economy.
Prof. Judi Wakhungu
Cabinet Secretary Ministry of Environment, Water and Natural Resources
Page | vii
EXECUTIVE SUMMARY
The coastal zone is endowed with rich multiple-use resources which are of great
socio-economic significance to the local community and the nation at large. The need
for the ICZM policy framework is premised by the failure of the largely sectoral-
based resource management approach to adequately address the cross-cutting
developmental and environmental issues. The sectoral-based planning, development
and management of the resources, compounded with pressure from rapid population
growth, have spawned resource use conflicts and adverse socio-economic and
environmental effects.
The ICZM Policy is the culmination of a consultative and participatory process
involving lead Government agencies, NGOs, CBOs and other stakeholders actively
engaged in the utilisation and management of resources along the coastal zone.
Development of the policy was informed by, among other, the report on the State of
the Coast prepared under the stewardship of NEMA, and the draft National
Environment Policy. Finalisation of the policy preparation process coincided with the
promulgation of the new Constitution for the country in August 2010. This prompted
revision of the policy to align it with the new Constitution on matters pertaining to
environment and development. As such the ICZM policy recognises the State and
public obligations in relation to the environment and the right of participation by
citizens in environmental matters and processes that affect their lives as outlined in
Article 69 on the new constitution. The vision of the ICZM policy is “A coastal zone
with healthy ecosystems and resources that sustain the socio-economic development
and well-being of the current and future generations”. It seeks to promote sustainable
development in the coastal zone in line with the principles of the new constitution and
objectives of vision 2030.
The policy is presented in five chapters. Chapter 1 provides the background to the
policy. Presented in this chapter are the relevant policies and legal instruments
governing the utilization and management of the resources, justification for the policy
and a description of the policy formulation process.
In chapter 2, an overview of the coastal zone and diversity of resources and their
socio-economic importance are highlighted. The issues affecting the coastal zone and
the main challenges in the management of the resources and environment are
elucidated.
Chapter 3 presents the vision and mission statements providing direction to the policy.
The objectives of the policy are enumerated and guiding principles towards the
preparation of the policy framework elaborated.
Page | ix
Chapter 4 provides in detail specific policy statements addressing issues appertaining
to;
• integrated planning and coordination of coastal development and
communication among the various government and non-government
stakeholders,
• community empowerment and resource use conflicts,
• environmental conservation, encompassing the conservation of coastal and
marine habitats, management of cultural and natural heritage, pollution control
and the provision of potable water supplies,
• the management of environmental risks, especially shoreline change and
emerging issues, such as climate change and episodic extreme environmental
events,
• awareness creation and education, and research focusing on the coastal zone,
and
• institutional and legal frameworks to guide the implementation of the ICZM
policy.
In chapter 5, a framework to guide implementation of the ICZM policy is presented,
which addresses capacity building and policy enforcement.
Annexed to the policy is an implementation matrix which outlines strategic actions
and expected output, and proposed roles of government and non-government
stakeholders.
On domestication of Multilateral Environmental Agreements (MEAs), the policy
recognises the provision in the new Constitution that any regional and international
agreement or law that the country becomes party to is part of the country’s laws.
Domestication and implementation of MEAs will be promoted to foster international
and regional cooperation for better management of transboundary issues. The ICZM
policy will be implemented through ICZM National Plan of Action prepared by
NEMA jointly with stakeholders.
CHAPTER 1: INTRODUCTION
1.1 Background
The Kenyan coastal area is endowed with a variety of rich resources and landscape
that form the social and economic base of the region. These resources include the
land, rivers, lakes, estuaries and other wetlands, grasslands, coastal and mangrove
forests, sea grass and coral reefs all of which are characterised by high productivity
and biodiversity. Their exploitation contributes not only to local livelihoods but also
to the overall economy of the country.
Key sectors in the coastal economy include tourism, fisheries, agriculture, forestry
and trade. The contribution of tourism to the national economy is about 12% of the
GDP of which about 60% comes from coastal tourism; fisheries contribution to the
national economy stands at 5% of the GDP, of which about 5.6% comes from marine
fisheries. While the contribution of tourism to the coastal economy accounts for 45%,
the port and shipping contributes 15%, agricultural industry contributes 8%,
agriculture contributes 5% and forestry accounts for 4%. This is a significant
contribution to Kenya’s Gross Domestic Product. Over time however, these resources
have been under pressure from a rising population and rapid development.
The management of coastal resources in Kenya has evolved from the traditional
system, based on traditional knowledge, organised around the localised realm
encompassing the resource, resource exploiters and marketers. This was a period of
few resource exploiters and the integrity of the environmental resource base, remained
largely functional, serving the socio-economic needs of the people.
Over the years, coastal resources and the environment have been managed through
uncoordinated sectoral policies. With population increase and society placing many
legitimate, but often competing, demands on the resource base and the environment,
the sectoral management approaches have failed to achieve the objectives of coastal
planning and sustainable development.
The above situation is the result of limited understanding of coastal and marine
resources, natural processes and opportunities. This is compounded by institutional
weaknesses, single sector planning, bureaucracy; competing interests among
institutions and misplaced priorities. The situation is exacerbated by inadequate
legislation and enforcement. In addition, inadequately trained personnel, use of
inappropriate technologies and equipment, and limited experience in integrated
coastal planning, development and management further worsens the situation. This is
manifested in deficient pollution management, over-extraction of resources, and
unsustainable livelihoods, among other examples. The consequence is unsustainable
use patterns, resulting in wide spread degradation and loss of critical habitats and loss
of development opportunities.
Integrated Coastal Zone Management (ICZM) presents a holistic approach in the
planning and management of coastal resources, ensuring sustainable livelihoods and
the protection of the environment. A policy direction towards achieving this goal is
needed in order to help address the current and emerging coastal management issues.
Page | 1
1.2 Existing Legal and Policy instruments
1.2.1 The Constitution of Kenya 2010
The Constitution of Kenya guarantees the right to a clean and healthy environment
and obliges the state to ensure sustainable exploitation, utilization, management and
conservation of the environment and its natural resources. The principle of sustainable
development has been entrenched in the Constitution (article 10 2(d)) as one of the
national values and principles of governance. To achieve sustainable development,
balancing between economic development objectives and environmental objectives is
required so as to meet the needs of the present without compromising the ability of
future generations to meet their own needs.
In order to have the environment protected for the benefit of present and future
generations, the constitution has called for development of appropriate legislative
frameworks and imposes obligations on the state and the public as outlined in article
69. Development of the ICZM policy contributes to the achievement of this
requirement as it relates to protection of the coastal zone. The policy recognises the
State and public obligations in relation to the environment and the right of
participation by citizens in environmental matters and processes that affect their lives.
1.2.2 The Environment Management and Coordination Act, 1999 (EMCA)
This is an Act of Parliament establishing a legal and institutional framework for the
management of the environment. Section 42 (2) of the Act empowers the Minister
responsible for environment to declare a lake shore, wetland, coastal zone or river
bank to be a protected area and to impose such restrictions as he considers necessary
to protect the same. Section 42 (3) of the Act further empowers the Minister to issue
general and specific orders, regulations or standards for the management of river
banks, lake shores, wetlands or coastal zones.
In addition to the foregoing, Section 55 (1) empowers the Minister to declare an area
to be a protected Coastal Zone while Section 55(2) and (3) mandates NEMA to
prepare a survey of the Coastal Zone and thereafter develop an integrated national
coastal zone management plan every two years based on the survey report. Section 55
(4) of EMCA requires that the Management Plan shall, amongst other things, include
an inventory of the state of the coral reefs, mangroves and marshes found within the
coastal zone, an inventory of all areas within the coastal zone of scenic value or of
value for recreational and cultural purposes, an estimate of the extent, nature, cause
and sources of coastal pollution and degradation, an estimate of fresh water resources
available in the coastal zone and inventory of all structures, roads, excavations,
harbours, outfalls, dumping sites and other works located in the coastal zone.
1.2.3 The Physical planning Act of 1996
The Physical Planning Act of 1996 provides for the preparation and implementation
of physical development plans and for connected purposes. Sections 4 and 5 of this
Act proclaims that development should be in harmony with environmental
considerations, and the Director of Physical Planning has powers to declare special
planning areas that could conceivably apply, inter alia, to the unique coastal
ecosystems on land areas owned by government, held in trust by Count Governments
or private within the area of the authority of a city, municipal, town, or urban council
or with reference to any trading or market centre.
However, given the sectoral approach to planning, abuse of influence and
inadequately regulated development along the coast, physical development has often
not mainstreamed environmental concerns, resulting in degradation of
environmentally sensitive areas, loss of beach access points, beach encroachment and
shoreline erosion. . To ensure sustainable development of the coastal zone, planning
of the area should take into consideration environmental concerns and address special
issues related to the impacts of global warming and sea level rise on low-lying areas
and coastal islands.
1.2.4 The National Land Commission Act
Section 5 of the National Land Commission Act empowers the National Land
Commission to, amongst other things, recommend a national land policy to the
national government, conduct research related to land and the use of natural resources
and thereafter make appropriate recommendations to relevant authorities, to exercise
oversight responsibilities over land use planning throughout the country and to
develop and maintain an effective land information management system at national
and county levels. This means that implementation of the ICZM Policy framework
must be done with reference to work and recommendations of the Commission.
1.2.5 Merchant Shipping Act of 2009
The Merchant Shipping Act 2009 makes provision for, among other, the registration
and licensing of Kenyan ships and ancillary matters; prevention of collisions and
pollution; safety of navigation and cargoes; maritime security; the control, regulation
and orderly development of merchant shipping and related services.
The Act empowers the Minister to make regulations for the protection and
preservation of the marine environment from pollution by matter from ships, taking
cognizance of international maritime conventions and agreements of which Kenya is
party to, which include, UNCLOS (1982), MARPOL (1973) as modified by the
Protocol of 1978 relating (as amended), the Intervention Convention (as amended),
LDC (1972), HNS Protocol (2000) and AFS (2001). Other relevant international
conventions or agreements are,
• The Protocol Relating to Intervention on the High Seas in Cases of Marine
Pollution by Substances Other than Oil, 1973
• The International Convention on Oil Pollution Preparedness, Response and
Cooperation, 1990
• The International Convention for the Control and Management of Ships’
Ballast Water and Sediments, 2004.
The Minister is further empowered to make regulations in respect of vessels operating
in inland waters including near coastal voyages, to enhance the safety and security for
vessels as well as preserve the aquatic environment.
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The Director-General is empowered to, among other functions, take measures in
accordance with generally recognised principles of international law to protect the
environment from pollution following a maritime casualty or acts relating to such
casualty which may reasonably be expected to result in harmful consequences.
The Merchant Shipping Act has a crucial role in regulating shipping activities in the
inshore areas and extending to the EEZ, providing for maritime safety and security
and pollution control and environmental conservation. The provisions of the Act can
be synergistic to the ICZM policy.
1.2.6 National Museums and Heritage Act 2006
The National Museums and Heritage Act, 2006 consolidates and repeals the
Antiquities and Monuments Act 1983 (Cap. 215) and the National Museums Act 1983
(Cap. 216) into one law that governs museums and heritage in Kenya. The Act
provides for establishment, control, management and development of national
museums. The Act also, provides for identification, protection, conservation and
transmission of the cultural and natural heritage of Kenya.
The National Museums of Kenya (NMK) is the legal custodian of natural and cultural
heritage, such as, archaeological finds, submerged settlements and shipwrecks within
territorial seas of Kenya, as well as, historical monuments.
This act allows NMK to conduct Environmental Impact Assessment (EIA) for
proposed development projects. However, this EIA focuses on prediction of negative
impacts of development projects on the natural and cultural heritage.
1.2.7 The Land Act 2012
This Act mandates the National Land Commission to take appropriate action to
maintain public land that has endangered or endemic species of flora and fauna,
critical habitats or protected areas and to identify ecologically sensitive areas that are
within public lands. The Act further requires the Commission to undertake an
inventory of all land based natural resources, and reserve public land for any
purposes, including environmental protection and conservation. The Act further
empowers the Commission to make rules and regulations for the sustainable
conservation of land based natural resources including:
i) Measures to protect critical ecosystems and habitats;
ii) Incentives for communities and individuals to invest in income generating
natural resource conservation programmes;
iii) Measures to facilitate the access, use and co-management of forests, water and
other resources by communities who have customary rights to these recourses;
iv) Procedures for the registration of natural resources in an appropriate register;
v) Procedures on the involvement of stakeholders in the management and
utilization of land based natural resources; and
vi) Measures to ensure benefit sharing to the affected communities.
1.2.8 The County Governments Act 2012
The County Governments Act elaborates on the county governments' powers,
functions and responsibilities and clarifies how the County Governments shall
perform their Constitutional mandate, which includes implementation of specific
Government policies on environment and natural resources conservation.
Additionally, the Act requires that there shall be a five year integrated development
plan for each County and clarifies that cooperation in planning between the National
and County Governments shall be done within the context of the Inter-Governmental
Relations Act, 2012. Those aspects of the ICZM policy framework that require the
input of the county government and or harmonization with county laws and standards
shall accordingly be implemented by reference to such provisions.
1.2.9 The Inter-Governmental Relations Act 2012
This is an Act of Parliament establishing a framework for consultation and co-
operation between the national and county governments and amongst county
governments and establishing mechanisms for resolution of intergovernmental
disputes. As far as planning, policy development and implementation is concerned,
the Act provides that cooperation and consultation between the National Government
and the County Government shall be undertaken through the National and County
Government Coordinating Summit comprising the President and 47 County
Governors. The Council of County Governors is also established under the Act as a
forum for consultation amongst County Governments on matters of common interest
and dispute resolution.
It is expected that the Summit and Council shall harmonise environmental policies,
plans, standards and laws of the national and county governments and provide a
platform for interaction between the various state organs for better environmental
governance.
1.2.10 Treaty for the Establishment of the East African Community Act
Section 8 of this Act provides that the Acts of Parliament of the East African
Legislative Assembly (EALA) shall be part of Kenyan law upon Gazettement. This
offers the opportunity for regional cooperation and harmonised management of the
coastal zone in the East African Community. In particular, EALA passed the East
African Community Transboundary Ecosystems Management Bill, 2010 and the East
African Community Tourism and Wildlife Management Bill, 2008 in January 2012 and
February 2010 respectively. It is expected that, upon gazettement, these Bills shall
guide the partner states in developing laws, policies, standards and guidelines for
management of the region’s Coastal Zone.
1.2.11 Treaty for the Establishment of the East African Community
Under Article 111 of the Treaty, the partner states have agreed to co-ordinate their
policies and actions for the protection and conservation of the natural resources and
environment for sustainable development. Article 112 requires that in implementing
Article 111, the partner states shall amongst other things;
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a) Develop a common environmental management policy that would sustain the
eco-systems of the partner states, prevent, arrest and reverse the effects of
environmental degradation; and
b) Integrate environmental management and conservation measures in all
developmental activities such as trade, transport, agriculture, industrial
development, mining and tourism in the Community.
Additionally, Article 9 of the EAC Protocol on Environment and Natural Resources
Management obliges Partner States to develop mechanisms that will ensure
sustainable use of transboundary ecosystems and adopt common policies and
strategies for sustainable management of transboundary natural resources.
The EAC Treaty also provides for management of water and marine resources under
Article 114 (2) (b) thereof, which provides that the parties shall cooperate through:
(i) the establishment and adoption of common regulations for the better
management and development of marine parks, reserves, wetlands and
controlled areas;
(ii) the adoption of common policies and regulations for the conservation,
management and development of fisheries resources;
(iii) the establishment of common fisheries management and investment guidelines
for inland and marine waters; and
(iv) the strengthening of regional natural resources management bodies.
Thus, the EAC Treaty and EAC Protocol on Environment and Natural Resources
Management provide the platform for establishment of the structure and roadmap for
promoting, developing and coordinating transboundary conservation in East Africa
including a common ICZM policy framework.
The Government of Kenya is also a signatory to other regional and international
treaties on management of the Coastal zone and its resources. These include Nairobi
Convention for the Protection, Management and Development of the Marine and
Coastal Environment of the Eastern African Region. It also includes the United
Nations Convention on Law of the Sea which is the international legal regime of
management of Oceans and their resources. Under the UNCLOS treaty the
Government of Kenya has submitted a bid for delineation of its outer continental
shelf.
1.2.12 National Oceans and Fisheries policy
The overall objective of the National Oceans and Fisheries policy of 2008 is “to
enhance the fisheries sector’s contribution to wealth creation, increased employment
for youth and women, food security, and revenue generation through effective private,
public and community partnerships”. The policy seeks to address, among other issues,
unsustainable utilization of fisheries resources, resource use conflicts, inadequate
infrastructure, and lack of a comprehensive legal and institutional framework for
effective fisheries management.
The policy has further recognised the inter-jurisdictional aspects of marine fisheries
and has called for collaboration and cooperation in the management of
migratory/shared stocks. A coordinating role of the ICZM policy vis á vis the Oceans
and Fisheries policy will create synergy in coastal resource management.
1.2.13 Water Policy
The Water Policy (1999), seeking to comprehensively deal with the problems of water
and sanitation, adopts an integrated approach to water resources management. The
Policy recognises the inextricable link between the provision of water supply and
wastewater disposal and applies various tools for effective management, such as,
effluent discharge standards, permits for water abstraction and disposal, and using
economic instruments for water pollution control. It encourages the participation of
communities and private institutions in the provision of water supply and sanitation
services and makes the role of Government regulatory, as opposed to the direct
provision of services.
The Water Policy espoused the harmonisation of the provisions of the Water Act
(2002) with those of the Environmental Management and Coordination Act (EMCA,
1999), but this has not been fully realised. There is need for the Water Act to provide
for the promotion of cooperation and partnership with other countries on the
management of shared water bodies, an issue that requires addressing by the ICZM
policy.
1.2.14 National Land Policy
The overall objective of the National Land Policy (2009) is to provide for sustainable
growth and investment and the reduction of poverty in line with Government’s overall
development objectives. Its specific objectives are to develop a framework of policies
and laws designed to ensure the maintenance of a system of land administration and
management that will provide: -
a) All citizens, particularly the poor, with the opportunity to access and
beneficially occupy and use land;
b) An economically, socially equitable and environmentally sustainable
allocation and use of land; and
c) The efficient, effective and economical operation of the land market.
To achieve an integrated and comprehensive approach to the management of the
environment and natural resources, the draft National Land Policy requires that all
policies, regulations and laws dealing with land based resources be harmonised with
the framework established by the Environmental Management and Coordination Act,
1999.
The draft National Land Policy, seeks to reform the ambiguities inherent in the
multiplicity of proprietary regimes in Kenya’s agrarian (Agriculture and Mining)
landscape by;
• Facilitating more efficient and socially-relevant decision-making;
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• Securing confidence and security in access of agrarian resources; and
• Enabling participation in land governance, at the land-use level.
It seeks to design a property structure, which is free from complexities, accords
greater equity of access to land resources and empowers agrarian resource managers
to make appropriate and sustainable environmental decisions.
The draft National Land Policy recognises the coastal zone as fragile, where
guidelines for its use and management need to be formulated. It has also recognised
that existing legal organization of the agrarian sector does not provide a rational
framework for environmentally sound decisions. Considering the impact of land use
on the coastal and marine environment, there is need to mainstream ICZM principles
in the implementation of the Land Policy.
1.2.15 Regional Development Authorities Policy
The Regional Development Authorities Policy (2007) provides the framework to
guide the implementation of the mandate of the Ministry of Regional Development
Authorities. The overall goal of the policy is to achieve equitable and balanced
national socio-economic development through the promotion of sustainable economic
utilization of natural resources and the promotion of resource based investments in the
regions. The policy addresses the fragmented legal framework and mandates
governing the six Regional Development Authorities (RDAs), with a view of
providing an integrated approach in coordinating the activities of the RDAs, namely
KVDA, LBDA, ENNDA, ENSDA, CDA and TARDA. It provides framework for
coordination to ensure that stakeholders contribute meaningfully towards regional and
national development. The functions of the RDAs include the following,
• Formulation of integrated regional development plans in close consultation
with other stakeholders and ensuring that the plan is owned by the whole
region.
• Management of natural resources, specifically addressing gaps in regional
resource mapping, promotion of resource based investments and formulation
of a framework through which communities would benefit from such
investments.
The Policy has a direct bearing on streamlining and strengthening the roles and
functions of CDA and TARDA in coastal zone development and management.
Noting, that the goals and principles of the ICZM and RDA policies have a lot in
common, the CDA and TARDA are in an enviable position where they can play a
significant role in ICZM.
1.2.16 Draft Environmental Policy
The aim of the draft National Environment Policy (2009) is to provide a framework
for sound environmental and natural resource governance by mainstreaming
environmental considerations into sectoral policies and strengthening regional and
international cooperation in environmental management.
Key objectives of the policy include:-
(a) Provide a framework for integration of environmental considerations into the
various sectoral policies, national development planning and decision making
processes.
(b) Ensure sustainable management of the environment and natural resources,
such as unique terrestrial and aquatic ecosystems, for national economic
growth and improved people’s livelihood and well-being.
(c) Promote and enhance collaboration, synergy, partnerships and participation in
the protection and conservation of the environment by all stakeholders.
The key issues addressed by the policy include the harmonization of sectoral policy
instruments with the framework environmental law (EMCA, 1999) in order to
enhance sustainable environmental management.
Section 55 of EMCA institutionalises ICZM as a tool for the management and
conservation of the coastal and marine environment; the ICZM policy finds a legal
anchor in the Act.
1.2.17 Draft Integrated Ocean Policy�
The draft integrated ocean policy (2009) is derived from the provisions of the 1982
Law of the Sea Convention (UNCLOS), Maritime Zones Act 1989, Section 5(5) and
the Presidential Proclamation of 9 June 2005 where Kenya has sovereign rights with
respect to exploration, exploitation, conservation and management of the natural
resources. The draft policy focuses on resource management in internal waters,
territorial waters, and the Exclusive Economic Zone (EEZ). Implementation of this
policy will require synchronising with the ICZM policy in order to minimize
duplication of effort and conflict, and to foster synergy.
1.2.18 Draft National Wetlands Policy
The draft National Wetland Policy (2013) recognizes the importance of the variety of
wetlands found in the coastal, marine and inland areas, in the provision of goods and
services which support agriculture, tourism, industry, biodiversity conservation, social
economic and cultural activities. Identified pressures to wetlands include conversion
and overexploitation of their resources, catchment degradation and pollution
associated with proliferation of invasive species. The Policy seeks to foster an
integrated approach that would promote conservation and sustainable use of wetlands.
The policy provides a framework for, inter alia, review of the status of wetlands and
identifying priority issues, including transboundary issues, addressing legislation and
government policies with a bearing on wetland management and conservation,
enhancing knowledge through research and raising awareness on wetlands and their
values to promote stakeholder participation, and addressing institutional and
organizational arrangements to facilitate implementation of the policy.
The national wetlands conservation and management policy complements the other
sectoral policies on environment and development. Adoption of the policy fulfills
Kenya’s obligations under the Ramsar Convention and other relevant Multilateral
Environmental Agreements and Protocols. The objectives of the Wetland policy
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address issues that are very pertinent with the development, management and
sustainable exploitation of the coastal zone and its resources.
1.2.19 Draft Forestry Policy
The draft Forest Policy (2009) envisages a radical change in the way forests are
managed. It provides mechanisms for streamlining the participation of the private
sector and community in the management of state forests. The conservation of forests
will ensure sustainable environmental and ecosystem services. This will create
employment and reduce poverty, which will contribute towards meeting the
millennium development goals and aspirations of Vision 2030.
The Forest Policy offers a guiding framework for the Forest Act of 2005 for the
management, conservation and utilization of forest resources, which include coastal
and mangrove forests. The Forest Act mandates the Kenya Forest Service (KFS) to
manage forests in water catchment areas and associated wildlife. The Act empowers
associations and communities in the control and management of forest resources. This
necessitates harmonisation of the provisions of the Water Act and Wildlife and Forest
Act to avoid conflict of mandates and foster synergy.
1.2.20 Draft Wildlife Policy
The goal of the draft revised Wildlife Policy (2008) is to provide a framework for
conserving Kenya’s rich diversity of species, habitats and ecosystems for the well
being of its people and the global community. The Policy addresses wildlife
ownership and responsibilities, human wildlife conflicts and compensation, equitable
benefit sharing, hunting and strengthening the institutional framework for wildlife
management, among other issues.
The policy proposes restructuring of the KWS to enable it dispense its mandates
effectively, devolution of wildlife management responsibilities to local communities
and land owners, maintenance of the integrity of protected areas and introduction of
new and varied economic incentives for communities, land owners, non-governmental
organisations and the private sector. The draft wildlife policy offers incentives to
promote community participation in conservation as espoused by ICZM principles.
1.2.21 Draft Tourism Policy
The draft National Tourism Policy (2009) provides a framework for decision-making
by the government, and allows sectoral stakeholders to partner with government to
develop the tourism sector and deliver sustainable growth. The policy recognizes the
negative impacts of the industry on both the natural and human environments. Thus
the policy seeks to address impacts of sectoral activities on the environment, the
economy and socio-cultural aspects. The draft Policy recognizes that its
implementation shall involve streamlining the tourism policy with wildlife, land-use
and other cross-cutting policies.
The policy further recognises the issues affecting sustainable development of the
industry, such as, community participation, conflict resolution, safety and security,
product development and diversification, infrastructure, transport and communication
development, quality health care, marketing and promotion, pricing mechanisms,
investment financing, employment, human resources development, information
management and research.
The draft Tourism Policy recognises the need for multi-sectoral involvement to create
synergy and harmony among sectors, in propounding the principles of ICZM in the
process.
1.3 Justification for the ICZM Policy
Coastal systems provide a multiplicity of uses, which are of socio-economic
importance to the community. However, the various sectoral interests most often seek
exclusive access and use of coastal area and resources. The systems of governance in
the area have normally been sectoral-based and uncoordinated in their application.
The sectoral approach in development planning and resource management,
compounded by population pressure and the complexity of human activities in coastal
ecosystems has lead to use conflicts and adverse socio-economic and environmental
effects. Thus, there is need for an ICZM policy framework that will integrate and
coordinate planning and management of the coastal zone and resources to ensure
sustainable development.
There is need for a policy to guide the management and sustainable utilisation of
coastal resources, while protecting the environment for the benefit of the many
different stakeholders in the coast and for posterity. An ICZM policy fulfils the need
for an alternative and effective management system that balances development and
conservation interests in the coastal zone. There is need for a policy to guide and
ensure a coordinated response to emerging issues, such as global warming and climate
change, including extreme weather events and other disasters in the coastal zone.
The ICZM policy framework provides for sustainable development of the coastal
zone which will be an important contribution to meeting the goals of Vision 2030
development blue print to make Kenya a middle-income country.
1.4 ICZM Policy Formulation Process
The documentation of an ICZM action strategy for the Nyali-Bamburi-Shanzu area in
Mombasa in 1996 by a multi-institutional team under the coordination of CDA
marked early efforts at integrated management of coastal resources for sustainable
development. The EMCA 1999, Sec. 55 (2) empowers NEMA, in consultation with
the relevant lead agencies, to prepare a survey of the coastal zone and prepare an
integrated national coastal zone management plan based on the report of such survey.
The preparation and production of the State of the Coast report in 2007 was, thus a
first step in providing information for development of such plans.
Subsequently, a multi-sectoral ICZM Steering Committee coordinated by NEMA
embarked on the process of formulating an ICZM policy framework. The policy
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formulation process was consultative and participatory, involving stakeholders from
public, private, civil society and local community groups who contributed towards
formulation of the policy through thematic working groups and workshops.
The ICZM Steering Committee helped in identifying the coastal zone management
issues and facilitated the formation of thematic groups. Then experts were identified
to generate the necessary information on the issues. The information was then
presented in a National Stakeholders Workshop for validation where other issues were
identified and included. It was through this process that the ICZM policy document
was produced. An ICZM National Plan of Action for implementation of the ICZM
Policy will be developed
.
1.5 Policy Review
The ICZM Policy will be reviewed after every 10 years or any other time as the need
arises taking into consideration emerging issues, development trends and changing
demands.
CHAPTER 2: COASTAL RESOURCES, OPPORTUNITIES, ISSUES AND
CHALLENGES
2.1 Geographical Extent and Management Area for ICZM
The geographical extent of the coastal zone is defined by the administrative
boundaries of counties bordering the Indian Ocean while the Exclusive Economic
Zone (EEZ) provides the extent and seaward boundary. However, the ecosystem
approach will be applied in the management of the resources as some of the pressures
affecting the coastal environment are external to the coastal zone such as river
catchment areas.
2.2 Coastal Resources and Socio-economic Opportunities
The coastal zone is endowed with an abundance and variety of resources that provide
ecological services and support both local and national economic activities. These
include terrestrial and marine habitats, such as coastal forests, mangrove swamps,
coral reefs, sea grass meadows, rocky shores, estuaries, beaches, mudflats and sand
dunes. These resources are exploited for tourism, fisheries, salt manufacturing,
shipping, agriculture and construction among other economic activities.
The coastal area has its rich share of national heritage consisting of antiquities,
monuments and cultural and natural sites. The preservation of the cultural and natural
heritage has direct links with mainstream societal concerns such as development,
environment, health, education, access to information, construction and the coastal
economy.
2.2.1 Coastal and mangrove forests
The coastal forests exist as isolated blocks covering a total area of about 83,800
hectares in a narrow belt which extends inland for about 30 km. The largest of these
forest patches is the Arabuko Sokoke forest reserve. Other forest patches include the
Boni-Lungi, Dakacha, Dodori, the Shimba Hills Forest reserve and the Kaya forests.
These coastal forests bare unique communities of flora with high drought resilience,
high levels of adaptation, endemicity of birds, mammals and other fauna. They play a
significant role in the hydrological cycle, enhance soil moisture content, mitigate
against soil erosion and promote the flow of clear water in rivers.
There are between 53,000 - 61,000 hectares of mangrove forests along the coast with
the largest stands occurring in Lamu County (67 %) and the Funzi-Vanga system in
the south coast. The mangrove ecosystem is a critical habitat for a variety of fish
species and invertebrates, which depend on it for feeding and nursery grounds. The
habitat also hosts a wide variety of bird life, and provides a line of defence against
shoreline erosion and excessive suspended sediment from terrestrial sources.
Coastal and mangrove forests are important carbon sinks, reducing green house gases
that cause global warming. Kaya forests are of spiritual and cultural importance to the
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Mijikenda community. Coastal and mangrove forests have been exploited for timber,
wood-fuel and herbal medicines. The artisanal fishers rely on the mangrove
ecosystem for a substantial part of their catch. Non-consumptive uses of coastal
forests include aesthetic use of forest bio-diversity in eco-tourism, and for bee
keeping. The mangrove skyline on Manda Island as seen from Lamu, is gazetted as a
national monument.
2.2.2 Coral reefs
A fringing reef system spans the length of the coast from the Kenya/Tanzania border
to Malindi, broken at places where river mouths, creeks and bays open into the ocean.
There are patch reefs in the south of Malindi Bay. Patch and small fringing reefs
border the islands of the Lamu-Bajuni archipelago. This reef system extends from the
sea surface to about 20-25 m depth.
The coral reef system provides a natural defence of the shoreline from wave-erosion
and is a source of white sand that replenishes local beaches. The coral reefs and
associated lagoons harbour rich and diverse species of flora and fauna, which support
artisanal fishery and tourism. Some caves and rock shelters along the shoreline are
popular sites for indigenous religious and cultural practices for coastal communities.
Other sites were in past history used for holding slaves and as places of refuge from
enemies e.g. Shimoni cave. The Malindi-Watamu Biosphere Reserve, designated in
1979, covers 19,600 hectares and encompasses two marine national parks and two
marine national reserves, with major habitats composed of coral reefs, mangrove
forest and sea grass beds.
2.2.3 Sea-grass beds
Sea grass beds are found predominantly in the sandy and muddy coastal lagoons and
shallow reef slopes. They provide a habitat for a variety of commercially important
fish species. These habitats also support relatively mature fish whose early life stages
are found in estuaries and mud-flats. Sea grass meadows are feeding grounds for
threatened and/or endangered species such as the green turtle, the hawksbill turtle and
the dugong.
2.2.4 River basins, deltas and estuaries
The Tana and Athi-Galana-Sabaki Rivers form the largest river basins in Kenya, with
the relatively smaller basins drained by the R. Umba, R. Ramisi and R. Mwache. The
Tana River discharges an average of 4 million cu metres of freshwater and 6.8 million
tonnes of sediment annually into the Ungwana Bay. The Athi-Sabaki River discharges
about 6 million cu metres of freshwater and 5 to13 million tonnes of sediments into
the Malindi Bay, annually. These high sediment loads are attributed to poor land use
practises upstream and affect the sustainability of coastal habitats, the aesthetic value
of beaches, adversely impacting coastal tourism. Major archaeological sites and Kaya
forests in the north coast are found along river basins.
There a number of estuaries along the Kenyan coast which are generally sheltered
from high energy waves and receive fine grain sediments from inflowing streams.
These include the expansive Tana and Sabaki estuaries. Most of the estuarine shores
are fringed by mangrove trees and associated plants.
Estuaries have experienced various human-induced changes. The clearing of
mangrove forest, for example exposes the soft shores and lead to erosion. On the other
hand, increasing amounts of sediment discharge by rivers are fed into the inshore
environment leading to beach accretion, such as in Malindi.
The Tana River delta is Kenya’s only major ocean delta. It is a low-lying area
composed largely of sediments brought down by the river. It is subject to frequent
flooding and changes in the network of channels and canals. The delta is characterised
by diverse habitats including riverine forests, grasslands, woodlands and bush land,
lakes, mangroves, sand dunes and coastal waters. The delta maintains high levels of
productivity in a dynamic balance which revolves around the frequency, extent and
duration of flooding. Water transports nutrients, it influences a wide variety of habitat
types, flushes away wastes, controls salinity and disperses and nurtures larval stages
of a number of marine organisms. Lately, the Tana River Delta and forest complex
nomination proposal as a World heritage site was submitted to UNESCO by the
Kenya Wildlife Services.
2.2.5 Beaches and sand dunes
Sand beaches are common along the Kenyan coastline, with river discharge being the
main source of terrigenous sediment replenishing the beaches and dunes. There are an
estimated 27,000 ha of beach and sand dunes in Kenya. Prominent wind-blown dunes
stretch from Malindi to Lamu, with the high loads of suspended sediment from R.
Sabaki and Tana supplying the beach sand. Dunes are stabilized by associated
vegetation binding loose sand with their root system. Shorelines dominated by coral
reefs usually feature smaller beaches with white carbonate sands of marine origin.
Beaches provide nesting grounds for sea turtles, and an important habitat for shore
and migratory birds. They are important in providing access to the sea for fishing,
recreation and tourism. Among other functions, sand dunes are known to assist in the
retention of freshwater tables against saltwater intrusion. Indeed the supply of
drinking water to Lamu town, Ngomeni and Mambrui is sourced from adjacent dune
areas.
2.2.6 Cultural and natural heritage
Cultural and natural heritage are closely interlinked, with the creations of human
beings impacting the environment and likewise the environment influencing the
former resources. Thus, effective management of natural and cultural heritage as a
matter of necessity has to be integrated.
Cultural heritage includes;
• Monuments,
• Architectural works, works of monumental sculpture and painting, elements or
structures of an archaeological nature, inscriptions, cave dwellings and
combination of features which are of universal value from point of view of
history, art or science,
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• Groups of separate or connected buildings which because of their architecture,
homogeneity or their place in the landscape are outstanding from the point of
view of history, art or science,
• Works of humanity or combined works of nature and humanity, and areas
including archaeological sites which are of outstanding value from the
historical, aesthetic, ethnological or anthropological point of view.
While natural heritage includes;
• Natural features consisting of physical and biological formations or groups of
such formations which are of outstanding universal value from the aesthetic or
scientific point of view,
• Geological or physiographical formations of special significance, rarity or
beauty,
• Precisely delineated areas which constitute the habitat of threatened species of
animals and plants of outstanding universal value from the point of view of
science, conservation, or natural beauty, or
• Areas which are or have been of religious significance, use or veneration and
which include but not limited to Kayas.
National and world heritage areas continue to be a magnet for tourism, generating
regional economic development. Both domestic and international tourism make
significant contributions towards the conservation of cultural heritage in Kenya. The
cultural impacts of international tourism are found to be both positive and negative
and much more pronounced at the coast. While the local community is actively
involved in tourism development and derives benefits from the industry, the need for
proper visitor management to minimize negative cultural impacts on local
communities cannot be overemphasized.
The culturally important Kaya forests have been treated as inviolable sanctuaries by
the Mijikenda community, which have enabled them to retain high biodiversity and
preservation of the resource. However, this heritage has been under increasing
pressure from population growth, deforestation, farming and uncontrolled tourism.
Seven Kaya sites have been listed as UNESCO Heritage Sites, a measure that has
helped to ensure the protection and safeguarding of this natural and cultural heritage.
2.3 Coastal Zone Issues
The major coastal zone issues that the policy seeks to address are;
1. Poorly planned and uncoordinated coastal development as a result of a sectoral
approach in planning and management.
2. Inadequate partnership and cooperation between government and non-
government stakeholders at local, national, regional and international level,
towards development and management of the coastal zone.
3. Weak institutional and legal frameworks that do not adequately address the
complex multi-sectoral problems facing coastal areas, particularly with regard
to coordination and enforcement mechanisms.
4. Inadequate and strategies for community empowerment and to address
sustainable livelihoods.
5. Poor waste management practices, especially in urban centres, are a potential
source of environmental pollution and pose a public health risk.
6. Declining water quality and quantity, and inadequate sources of potable water
is a serious constraint to the socio-economic development of the coastal area.
7. Shoreline change, manifested in beach erosion and accretion, poses a threat to
coastal developments.
8. Destruction and loss of coastal and marine habitats as a result of unsustainable
exploitation, poor land use practices, encroachment and unplanned and
unregulated human settlement and urban development.
9. Inadequate public participation, communication, education and awareness on
coastal zone management issues.
10. Inadequate and uncoordinated research, including recognising the relevance of
indigenous knowledge in research, and monitoring programmes that do not
adequately inform the management of coastal zone resources and issues
affecting them.
11. Inadequate mechanisms to address emerging issues affecting the coastal zone,
such as climate change, droughts, floods, Tsunami and storm surges, among
others incidents.
12. Inadequate mechanisms to preserve national cultural and natural heritage and
manage tourist activities at heritage sites.
2.3.1 Emerging Issues
Emerging issues of concern in the coastal zone include large scale economic
development projects being initiated in the coast within the framework of Vision
2030. Such projects include infrastructure development projects such as the
LAPSSET Project in Lamu as well as resort cities projects in Kwale and Kilifi
counties; Biofuel projects mainly involving Jatropha farming and sugarcane and rice
farming; Agriculture projects involving mainly sugarcane and fish farming; Mining
projects such as the Titanium project in Kwale County, and oil and gas exploration in
the sea among others at planning stage. With the initiation of these projects,
environmental and social impacts are envisaged including loss of critical habitats, loss
of fishing grounds and pollution. Policy recommendations have been made to ensure
social and environmental safeguards are implemented to minimise potential negative
impacts.
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2.4 Coastal zone management challenges
The main challenge in managing coastal resources and its environment is the
existence of multiple jurisdictions with a stake in the area. This makes coastal zone
management a secondary responsibility of most jurisdictions, but a primary
responsibility of none. In the sectoral approach, the management focus tends to be
biased towards economic and development goals, without much regard to the
interconnections within coastal ecosystems to the detriment of sustainability. There is
thus a need to adopt the ICZM approach in management of the coastal zone and its
associated resources.
CHAPTER 3: POLICY GOAL, OBJECTIVES AND PRINCIPLES
3.1 Vision
A coastal zone with healthy ecosystems and resources that sustain the socio-economic
development and well-being of the current and future generations.
3.2 Mission
To conserve the coastal and marine environment and ensure that its resources are
utilised in a sustainable manner for the benefit of coastal communities, the national
economy and as a common heritage.
3.3 Policy Objectives
The overall objective of the ICZM Policy is to guide the management and utilization
of coastal and marine environment and its resources to ensure sustainable livelihoods
and development. The policy specifically seeks to,
i) Promote integrated planning and coordination of coastal developments
across the various sectors.
ii) Promote sustainable economic development to secure livelihoods of
coastal communities
iii) Conserve the coastal and marine resources and environment for
sustainable development
iv) Manage environmental risks associated with changes in shoreline and
climate.
v) Develop capacity in research and education and enhance stakeholder
awareness and participation in sustainable resource management.
vi) Establish effective institutional and legal frameworks for implementation
of the ICZM policy.
3.4 Guiding principles
The development and implementation of this policy will be guided by the following
principles;
i) Use of ecosystem-based approach that recognises the relationships and
inter-linkages between all components of the wider ecosystem in
addressing coastal zone management issues. This principle is critical in
effectively addressing issues affecting ecosystems that stretch beyond the
coastal zone administrative area.
ii) Uses a participatory and inclusive approach which entails involvement
of stakeholders, and consensus building on matters of planning, and
decision making.
iii) Applies a precautionary approach. The lack of scientific information
should not prevent the implementation of necessary measures to address an
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environmental issue. This approach allows room for amending or adjusting
the strategy as more certain scientific information becomes available.
iv) Applies best available science and adaptive management. The best
available knowledge, scientific information and data should be used to
support application of ICZM
v) Promotes stewardship in coastal resource management to ensure
sustainable development for posterity. All government institutions, private
sector, community and individuals should bear a sense of responsibility
individually and collectively towards protection and wise use of coastal
resources. Stakeholders should recognize the value of the coastal
resources, support appropriate policies and act responsibly while
minimizing negative environmental impacts.
vi) Multiple resource use management. Multiple use of the coastal resources
necessitates the adoption of an integrated ecosystem approach to ensure
that ecosystems are managed as a whole. The management of multiple
uses of the resources should be considered jointly so that their impacts on
the environment and impacts on each other can be addressed.
vii) Applies the polluter pays principle. Developments and persons who pollute
the coastal and marine environment should meet the cost of cleaning the
pollutants and also meet the cost of the pollution to resource users
viii) ICZM provides for a balance between development and conservation
requirements. This is key in ensuring conservation and sustainable
development of the coastal zone.
ix) Multilateral environmental agreements (MEAs) and regional instruments
will be domesticated and implemented to foster international and
regional cooperation for better management of transboundary issues.
CHAPTER 4: THE ICZM POLICY STATEMENTS
4.1 Integrated Planning and Coordination
4.1.1 Planning and management of coastal development
Development activities in the coastal zone have occurred with less than robust
planning and organisation. Planning and management has mostly been sectoral. The
result has often been unwise changes in land use, affecting both environmental quality
and economic stability for the local community. Poor planning and unregulated
development is manifested in the mushrooming of slums and squatter settlements
lacking in essential services, such as, health care and clean water and sanitation.
Haphazard development has in certain cases been the result of outright violation of
development plans.
Policy Statement
To achieve adequately planned and managed development, the government shall: -
i) Guide and coordinate participatory planning and management of development
in the coastal zone through spatial planning;
ii) Put in place appropriate strategies for managing development and growth in
the coastal zone;
iii) Strengthen the capacity of institutions responsible for coastal planning and
development;
iv) Integrate development planning in the coastal zone with local land use plans,
taking cognisance of environmental safety and aesthetics;
v) Promote implementation of the National Land Policy to address issues of land
tenure in the coastal zone.
4.1.2 Provision of adequate infrastructure and public service
Rapid increase in population, human settlements and urbanization has out-paced the
ability of local authorities to provide infrastructure and public services. This has
placed high demand on existing infrastructure to manage wastewater, service for solid
waste management, provision of water, health and education, roads, electricity, and
telecommunication services. Consequently, the environment, economic prosperity,
natural and cultural heritage, public health and the quality of life of coastal
communities, are compromised.
In view of the above, there is need for appropriate policy to guide the provision of
infrastructure and essential services to coastal inhabitants to ensure sustainable
development.
Policy Statement
To improve the infrastructure and services to the public, the government shall,
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i) Promote the provision of amenities and infrastructure through integrated
spatial planning;
ii) Promote private-public partnership in the delivery of services;
iii) Ensure infrastructure development mainstreams environmental considerations.
4.1.3 Coordination and communication mechanisms within and between
government, community and other stakeholders
Past experience has seen the application of a top-down approach in development
planning and management by government. The beneficiaries of development were
insufficiently consulted and involved in the project development.
There is need for a policy to bolster the shift in approach in which coastal planning
and development is all inclusive and participatory and ensures community
involvement in the development and management processes.
Policy Statement
To ensure improved coordination and communication within government
departments, communities and other stakeholders in the management of coastal
resources, the government shall: -
i) Ensure the support and involvement of relevant administrative bodies and
sectors concerned with the management of the coastal area;
ii) Ensure the inclusion of communities and all other stakeholders in the planning
of coastal zone management programs;
iii) Develop and implement strategies that will enhance communication and
coordination among government, NGOs, CBO’s, and communities.
4.2 Sustainable Economic Development
4.2.1 Community empowerment and sustainable livelihoods
Traditional natural resource-based economic activities such as artisanal fisheries, and
timber harvesting from coastal and mangrove forests have supported local community
livelihoods for generations. However, due to over-harvesting and habitat destruction,
timber harvesting is restricted, while catches for certain fish species have declined due
to over-fishing in the near-shore waters. This situation has resulted in traditional
resource users loosing esteem, with the young fishers switching to other sectors of the
economy, such as tourism, leaving the older fishermen behind with diminished means
of livelihood support.
Policy Statement
To promote natural resource based economic sectors, the government shall: -
i) Promote off-shore fishery to ameliorate near-shore stocks;
ii) Promote alternative livelihoods;
iii) Strengthen mechanisms for co-management, rehabilitation of coastal
ecosystems, and sharing of benefits;
iv) Promote public – private sector partnerships in the conservation and
management of resources;
v) Restore and promote traditional values and practices that ensure sustainable
management and exploitation of resources;
vi) Promote a multi-sectoral approach to the management of coastal resources.
vii) Promote market based instruments for payments for environmental services,
e.g. Reducing Emissions from Deforestation in Developing countries
(REDD).
4.2.2 Resolving resource use conflicts and benefits sharing
High population growth and poverty among coastal communities is exerting
unrelenting pressure on coastal resources, resulting in use conflicts. Unplanned and
unregulated developments in tourism, housing, including private developments, is
attributed with turning fishing grounds into recreational areas, impeded access to
fishing grounds and depletion of resources. Despite large revenues generated from
tourism, coastal communities have not been able to realize the full potential of
opportunities provided by the sector. Illegal business structures on the beach conflict
with recreational use and interfere with fishing activities. Increased competition
amongst tourism players in providing services to tourists is compounding the
conflicts.
The declaration and delineation of protected areas without consultation with
communities has in certain cases spawned resentment because it restricts resource use
without providing viable options. Large scale agriculture and industrial fishing
generate appreciable incomes, but can cause negative environmental and social-
economic impacts. The former activity tends to deny local communities land for
development, while prawn trawling destroys the sea grass habitat and fishing gear for
artisanal fishers. The entry of fishers from neighbouring countries causes trans-
boundary conflicts in the sector. Coastal communities do not get a fair share of the
benefits from exploitation of the resources, despite suffering the impacts.
Policy Statement
To resolve resource use conflicts and benefits sharing, the government shall: -
i) Ensure equity in access to land and water space, and use of coastal
resources;
ii) Promote zoning schemes that resolve space and on-water use conflicts;
iii) Promote awareness and education programmes on resolving resource use
conflicts;
iv) Develop and implement a code of conduct for tourists and tourism
operators that is sensitive to cultural and religious values of local
communities;
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v) Develop and implement mechanisms for benefits sharing for local
communities from revenues accrued from the utilization of coastal
natural resources;
vi) Strengthen the guidelines for management of wildlife to minimise
human wildlife conflicts;
vii) Promote best practice in resource exploitation;
viii) Encourage multiple uses of ecosystems to reduce selective pressure.
4.3 Conservation of the Coastal and Marine Environment
4.3.1 Coastal and mangrove forests
Considerable reduction of coastal and mangrove forest cover has occurred as a result
of conversion to farmland, and clearing of mangroves for the establishment of
saltpans. Other direct threats include excessive/uncontrolled logging for timber,
wood-fuel and charcoal production, illegal cultivation and encroachment, and
excision for settlements and agricultural production. Climate change is expected to
enhance degradation of the forest habitat.
To stem these threats, it is important that policies that guide the sustainable
exploitation and management of coastal and mangrove forests are put in place.
Policy Statement
To preserve, protect and restore the integrity of coastal and mangrove forests, the
government shall: -
i) Ensure mainstreaming of the management of coastal forests and mangroves
into land use planning.
ii) Promote IWRM strategies to ensure the conservation of water catchments,
coastal and mangrove forests;
iii) Promote multi-sectoral approach in managing coastal and mangrove forest
areas to guide and regulate the multiple activities carried out in these
habitats;
iv) Promote co-management of coastal and mangrove forests;
v) Ensure developments proposed for areas in and adjacent to forest areas are
subjected to EIA ;
vi) Strengthen and enforce regulations governing protection of coastal forests,
including mangroves to facilitate their conservation;
vii) Develop and implement site specific management plans for coastal
terrestrial forests and mangroves;
viii) Undertake initiatives to effect the restoration of degraded coastal terrestrial
forests and mangroves.
4.3.2 Coral reefs and sea grass beds
The discharge of municipal wastewater, port development, deforestation and bad
agricultural practices along coastal river basins and catchment areas, has resulted in
high loads of suspended sediments into coastal waters, suppressing coral and sea-
grass growth and impacting the biodiversity negatively. Trawling for prawns damages
sea-grass habitats. Coral reef ecosystems are under threat from rise in sea level and
water temperature due to global warming, resulting in coral bleaching. The problems
faced by these habitats are aggravated by the lack of awareness of the importance of
these habitats and inadequate enforcement of relevant regulations to protect them.
Policy Statement
To preserve, protect and restore the integrity of coral reefs and sea grass beds, the
government shall: -
i) Enforce relevant laws to regulate fishing, including trawling, and tourism
activities in sea grass and coral areas;
ii) Promote good land use practices that address soil erosion, to control
sediment loading and siltation of coral reefs and sea grass beds;
iii) Promote international best practices and develop guidelines and standards
for sea-bed mining and oil exploration;
iv) Promote the build up of the knowledge base on coral reef and sea grass
ecosystems through scientific research and monitoring;
v) Promote the use of indigenous knowledge and scientific information in the
exploitation and management of coral reef and sea grass resources;
vi) Promote the establishing of flagship MPAs for the conservation of coral
reef and sea grass habitats;
vii) Domesticate the United Nations Framework Convention on Climate
Change, (UNFCCC), and related Multilateral Environmental Agreements
(MEAs).
4.3.3 Deltas and estuaries
Traditional land use practices of small-scale agriculture, pastoralism and fishing, have
sustainably maintained the ecological balance of the delta for thousands of years.
However, more recent human influence has been very strong. Most notably, draining
of wetlands for agriculture and control of water flow for irrigation and hydro-power
production, have resulted in reduced stream flow and saltwater intrusion.
Policy Statement
To preserve, protect and restore the integrity of estuaries and deltas, the government
shall: -
i) Ensure good land use practices to manage erosion and minimize the high
loads of suspended sediments and siltation;
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ii) Promote integrated river delta planning and management to rationalize
diversion, damming of rivers and flood control and to ensure environmental
flows are maintained;
iii) Promote conservation of deltas and estuaries to ensure protection of
biodiversity in line with the Wildlife Conservation and Management Policy;
iv) Ensure enforcement of international best practices in planning and
implementation of river basin development for environmental sustainability.
v) Promote incentives for upstream communities through Payment for
Ecosystem Services (PES).
4.3.4 Management of cultural and natural heritage
The inter-linkage of the cultural and natural heritage makes the coastal region unique
and attractive for multi-sectoral investments and developments including expansion of
infrastructure, housing, tourism and port development. These developments occur
hand-in-hand with population growth, rapid urbanisation and an increasing demand
for agricultural land. However, they exert significant pressure on heritage sites,
manifested as encroachment onto national monuments, archaeological sites, and
forests. The pressures on heritage result from, among other, inadequate awareness and
education, weak legislation and protection programmes and inadequate development
plans that impinge on its integrity. This calls for appropriate measures to mitigate the
destruction of heritage sites and enhance sustainable management for the socio-
economic and cultural development of stakeholders.
Policy Statement
To preserve, protect and ensure the integrity of cultural and natural heritage, the
government shall:-
i) Promote cultural tourism and ensure proper planning and visitor management
to minimize negative cultural impacts on local communities;
ii) Promote community participation in the conservation and management of
heritage sites through the use of indigenous knowledge and observing cultural
values;
iii) Promote public private partnership involving local and international agencies
in the preservation, conservation and sustainable management of heritage
sites;
iv) Promote awareness and education for the community and other stakeholders
on the importance of cultural and natural heritage in socio-economic
development, cultural development and national cohesion;
v) Promote the development of alternative non-extractive or consumptive uses of
natural heritage sites for the benefit of the community;
vi) Ensure that archaeological and EIA studies are undertaken as requisite for
development projects on land and underwater environment as provided for in
the NMHA, 2006 and EMCA Environmental (Impact Assessment and Audit)
Regulations, 2003.
4.3.5 Pollution control and waste management practices
Rapid urbanisation in the coastal area has resulted in increased volumes of solid
wastes and sewage. The lack of, or inadequate waste management systems in most
urban centres is the cause of pollution on land and water systems. High densities of
plastic waste threaten beach ecology and aesthetics, which may adversely impact
tourism. Ballast water from ships is a potential source of alien species to seaports. The
effects of this include water borne diseases and loss of aesthetic value of the
environment, introduction of alien/invasive species, and impact on the productivity
and biodiversity of natural water systems.
Policy interventions are necessary to empower County governments adopt innovative
ways to effectively manage both municipal wastewater and solid waste to mitigate
environmental pollution.
Policy Statement
To improve the management of municipal wastewater and solid waste, the
Government shall;
i) Empower County governments to effectively manage urban waste;
ii) Promote public-private sector-partnership in waste management;
iii) Promote public awareness on good waste management practices to ensure a
clean and healthy environment;
iv) Enforce the EMCA (Waste Management and Water Quality) Regulations
2006.
v) Develop and implement pollution prevention and control guidelines for the
coastal zone.
vi) Strengthen County governments to enforce by-laws regulating municipal
waste management;
vii) Implement the oil spill contingency plan;
viii) Monitor and control of the incidence of alien invasive species;
ix) Enforce of the Merchant Shipping Act, 2009 (Pollution Control
Regulations).
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4.3.6 Reversing the declining water quality
Coastal waters are threatened by pollution from coastal development, discharges from
municipal wastewater, storm-water, leachate from solid waste and oil spills.
Groundwater in particular is contaminated as a result of the extensive use of on-site
sanitation, while over-extraction of aquifers causes salt water intrusion, leading to the
decline in freshwater quality.
Polluted water is a potential source of water borne diseases, negative impact on
recreation and stress to ecosystem functions.
Policy Statement
To improve water quality, the government shall: -
i) Promote IWRM strategies to safeguard water quality;
ii) Enforce EMCA (Water Quality) Regulations 2006;
iii) Ensure sustainable extraction of groundwater to control the problem of
saltwater intrusion into water aquifers;
iv) Promote public awareness on the importance of protecting natural water
systems and development;
v) Implement the national Oil Spill Response Contingency plan.
4.3.7 Provision of potable water supplies
Potable water is a key resource in coastal development. Its supply in adequate
quantities is therefore essential. Most coastal urban and rural areas experience
deficiencies in the supply of potable water for domestic use. Consequently a majority
of the population has resorted to abstraction of groundwater to supplement the
available reticulated supplies. Tourist beach hotels almost invariably use the available
brackish groundwater for their bathrooms. There is no significant effort to promote
harvesting of rainwater.
Over-extraction of groundwater and destruction of water catchments exacerbate the
water supply problem and threaten environmental flows.
Policy Statement
To ensure the supply of adequate and potable water, the government shall: -
i) Identify and develop alternative sources of freshwater to reduce pressure
on groundwater sources;
ii) Promote suitable management strategies that protect water catchments and
water supply aquifers;
iii) Promote strategies that ensure environmental flow objectives are met;
iv) Encourage the adoption of water recycling and water saving practices;
v) Promote public awareness on the importance of protecting natural water
systems and development.
4.4 Environmental Risk Management
4.4.1 Addressing shoreline change
Shoreline change and instability occurs as a result of the manipulation of the
hydrological cycles, mining of sand, limestone and coral; destruction of natural
protective systems such as the fringing barrier reef and coastal vegetation, and
construction of structures along the shoreline. For example, the construction of sea-
walls is common practice in protecting capital investments from beach erosion, but
this interferes with shoreline dynamics and tends to exacerbate the problem in
adjacent unprotected areas. The converse, beach accretion attributed to excessive
supply of alluvial or lagoon sediments, is also a cause of shoreline instability. Sea
level rise, resulting from climate change, is poised to aggravate the problem.
Considering the severity of the problem the present trend must be managed through
policy intervention.
Policy Statement
To minimize the impacts of shoreline change, the government shall: -
i) Develop and implement a Shoreline Management Strategy for the entire coast
based on an understanding of the natural coastal processes and dynamics;
ii) Ensure that land use plans along the shoreline are informed by the Shoreline
Management Strategy and monitoring data;
iii) Harmonise, strengthen and enforce the regulations guiding development along
the shoreline.
4.4.2 Addressing emerging issues affecting the coastal zone
Emerging issues of concern in the coastal zone include: i) large economic
development projects that are likely to impact the environment in large scale; (ii)
environmental disasters related to cyclic droughts, floods, tsunamis and storm surges
and, (iii) Climate change. On economic development; a number of large scale projects
have been initiated in the coast in the recent past within the framework of Vision
2030. Such projects include infrastructure development projects such as the
LAPSSET Project in Lamu as well as Resort Cities projects in Kwale and Kilifi
counties; biofuel projects mainly involving Jatropha farming; Agriculture projects
involving mainly sugarcane and fish farming; Mining projects such as the Titanium
project in Kwale County, and oil and gas exploration in the sea among others at
planning stage.
Despite the immense economic benefits these projects present to the country, negative
impacts on the environment and socio-economic aspects are bound to be experienced
Page | 29
during implementation. To mitigate the likely impacts, the government shall ensure
that the projects adhere to environmental and social safeguards such SEA and EIA.
In respect to natural disasters, the coastal zone has in the recent past suffered from a
Tsunami incident that struck the Indian Ocean in 2004 leading to loss of life and
property. With changing climate incidences of droughts; floods and storm surges have
become more common. This calls for development of adequate policy measures to
safeguard the coastal zone and the resident communities from the disasters.
Climate change is a phenomenon that is still inadequately understood but one which is
bound to affect our coastal environment and development activities. Expected impacts
of climate change along the coast include degradation of habitats, loss of biodiversity,
increased shoreline erosion, sea level rise and flooding. These will affect people’s
livelihoods through loss of harvestable resources, loss of revenue from tourism,
diminishing water resources, destruction of infrastructure and increased incidences of
disease outbreaks.
The diverse issues emerging in the coastal zone require adequate policy direction and
development of strategies to mitigate the potential negative effects.
Policy Statement
To address the effects of emerging issues affecting the coastal zone, the government
shall: -
i) Ensure that new development policies, programmes and projects are
subjected to SEA and EIA
ii) Ensure environmental management plans for approved projects are
implemented to mitigate potential negative impacts
iii) Conduct land suitability mapping and integrated spatial planning
iv) Develop and implement a strategy for protection of the shoreline against the
impacts of climate change and other natural disasters;
v) Assess the vulnerability and resilience of the coastal resources to the impacts
of climate change;
vi) Develop early warning systems for natural disasters such as Tsunami and
effects of sea-level rise and impact on vulnerable areas;
vii) Promote sharing and dissemination of knowledge and technology in the
response to climate change and natural disasters;
viii) Promote the adoption of preventive and adaptive measures to mitigate
against the impacts of climate change.
ix) Promote the ecosystem based management
4.5 Capacity Building, Education, Awareness and Research
4.5.1 Education, awareness and information programs focusing on coastal zone
management
Improving levels of education and access to information on coastal zone issues
imparts knowledge and creates awareness on coastal zone management. Involvement
of the community and other stakeholders in planning and development of ICZM
strategies is important for successful implementation and sustainability of coastal
programmes. Participation of the stakeholders at all levels promotes ownership and
stewardship in resource management activities. As such, capacity building to
strengthen institutions and the development of appropriate communication channels to
pass on educational materials and awareness programmes targeting the community
cannot be overemphasised.
Policy Statement
To ensure appropriate education, awareness and information programs that focus on
coastal zone management, the government shall:-
i) Develop and implement an ICZM Education and Awareness strategy;
ii) Consider traditional knowledge and practice in the conservation, planning and
management of coastal resources;
iii) Establish mechanisms for information dissemination to decision makers,
communities and other stakeholders;
iv) Promote the integration of environmental best practices into the activities of
government, developers, communities and other stakeholders;
v) Support the scaling-up of best practices in coastal resources management.
vi) Promote participation of the community and other stakeholders in planning
and Implementation of ICZM policies.
4.5.2 Research and monitoring programs on the coastal zone
Effective coastal zone planning and management requires a thorough understanding
of the specific attributes of the area and an appreciation of the pressures and driving
forces that influence the area dynamics, including trans-boundary factors.
Understanding the variations in the physical, social, cultural, institutional and
economic characteristics, require data on trends and use of the area. Considerable
research effort has been made by researchers from government institutions, NGOs,
and individuals addressing specific coastal zone issues. However, the research
activities have been uncoordinated, with no established mechanism to disseminate
information at various levels. Thus, there is need for coordinated research and
monitoring programmes to generate the appropriate data and information, and to
ensure proper flows of the information between the researcher and those
implementing coastal zone actions.
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Policy Statement
To ensure research and monitoring that informs coastal zone management, the
government shall:-
i) Promote the coordinated generation, dissemination and sharing of data and
information, for use in planning and decision making;
ii) Mainstream the use of traditional knowledge in research and management;
iii) Establish an Information Management System for, among other functions,
disseminating information on policy implementation, monitoring and reporting
on ICZM activities, and maintaining databases on coastal resources to support
decision making.
4.6 Institutional Arrangements and Legal Frameworks
4.6.1 Addressing the complex multi-sectoral problems of coastal areas
The sectoral approach in planning and management is un-coordinated and non-
participatory. EMCA 1999, Section 55 has mandated NEMA, in consultation with the
relevant lead agencies, to prepare an integrated national coastal zone management
plan. In this regard, the State of the Coast Report was prepared to inform the
development of the ICZM policy and management plan. However, the cooperation
and close collaboration of national lead agencies, local government, research
institutions, private sector, CBOs and NGOs in the development of the national
coastal zone management plan needs to be sustained.
Policy Statement
To establish institutional framework that adequately address complex multi-sectoral
problems of coastal areas, the government shall;
i) Put in place an institutional framework to fully implement the ICZM policy.
The framework will encompass all major stakeholders from government,
private sector and civil society;
ii) Finance the implementation of the ICZM policy and institutional
arrangements.
4.6.2 Legal framework
Most of the current legislations and policies were formulated to capture sector specific
management issues. The result has been conflicting legislation, duplication of effort,
and weaknesses in policy implementation and enforcement. EMCA 1999 has
provided for, among other activities, the preparation of an integrated coastal
management plan which needs to be supported by legislation to ensure its
implementation.
Policy Statement
To provide for a legal framework for integration and coordination of sectoral policies
for the development and management of the coastal zone, the government shall;
i) Enact legislation on integrated coastal zone planning and management;
ii) Provide for financial arrangements to sustain implementation of the policy.
iii) Harmonise sectoral policy and legal frameworks to address policy overlaps
and gaps.
Page | 33
CHAPTER 5: IMPLEMENTATION FRAMEWORK
5.1 Implementation Framework
The National Environmental Management Authority, in consultation with other
sectoral agencies and development partners, shall set out to provide for the
establishment of an institutional framework for implementation of this Policy. In
addition the framework shall provide for capacity building and mechanisms for
financing this policy.
5.1.1 Capacity building
Training shall be undertaken to build capacity at both national and local level
institutions that will be involved in implementation of the policy. The government
will develop, in the long term, manpower to ensure efficient and effective
implementation of the ICZM Policy.
5.1.2 Policy enforcement and monitoring
In order to instil good governance in coastal zone administration and management,
there shall be need to put in place integrated enforcement measures to protect the
policy from interference. This policy will form the basis for, and be recognized as the
overall guide to all coastal zone management activities.
The government shall also put in place monitoring and evaluation mechanisms to
monitor and ensure that implementation of the policy is effective and on course.
P
Implementation Matrix
Theme: Integrated Planning and Coordination
jective Policy Statement Strategic Actions Results Expected Indicator Implementation
Responsibility
Management
evelopment
Guide and coordinate participatory
planning and management of
development through spatial planning
Develop an integrated spatial plan
for the coast region
Coordinated development An integrated
spatial plan
Physical Planning
Department, County
governments
Strategize for managing development and
growth
Formulate a strategic development
and growth plan for the coast
Sustainable development and
growth
Strategic action
plan
CDA, County
Governments
Strengthen capacity of planning and
development institutions
Develop capacity building plan for
institutions
Enhanced proficiency in service
delivery
Capacity building
plan
CDA, County
Governments
Integrate environmental safety and
aesthetics in development planning in
harmony with land use plans
Integrate environmental safety and
aesthetics in development planning
Environmental health integrated
in development planning
Environmental
Quality Objectives
(EQOs)
NEMA and
implementing
institution
Promote implementation of the National
Land Policy (NLP) to address issues of
land tenure in the coast
Develop an implementation plan of
the NLP in the Coastal Zone
Reduction of land tenure
problems
Implementation
Action plan
Ministry of Lands,
Housing & Urban
development
eco-friendly
e and Public
Promote the provision of amenities and
infrastructure through integrated spatial
planning
Undertake needs assessment for
amenities and infrastructural
development
Priority areas identified Needs assessment
report
Physical Planning
Department and
County governments
Promote private-public partnership in
promotion of green/eco-friendly economic
activities
Provide incentives to private sector
to encourage green economy
activities
Thriving green economy
initiatives
Enhanced service
delivery
NEMA, MEWNR,
Private sector, lead
institutions, County
governments
Ensure infrastructure development
mainstreams environmental
considerations
Integrate EIA in the provision of
infrastructure and public services
EIA integrated in the provision
of infrastructure and public
services
EIA Reports for
infrastructure
development
projects
NEMA, MEWNR and
County governments
and
on
within and
ernment,
nd other
Ensure support and involvement of
relevant administrative bodies and sectors
in ICZM
Establish mechanisms for
integration and coordination of
ICZM
Integrated and coordinated
approach in coastal zone
management
ICZM Coordination
mechanisms
NEMA, MEWNR,
County Governments,
stakeholders
Involve communities and all other
stakeholders in planning ICZM programs
Participatory ICZM planning forum Wider participation in ICZM
programs
Number and
diversity ICZM
planning forum
NEMA ,County
Governments,
stakeholders
Develop and implement strategies that
enhance communication among
government and other stakeholders
Establish channels of
communication on environmental
matters
Effective communication among
stakeholders
Communication
mechanisms in
place
All stakeholders
Theme: Sustainable Economic Development
jective Policy Statement Strategic Actions Results Expected Indicator Implementation
Responsibility
community
nt and
velihoods
Promote off-shore fishing to reduce
pressure on near-shore stocks
Empower local fishers to venture
off-shore
Increased Exploitation of off-
shore fisheries by local fishers
Thriving near shore
fishery, Improved
livelihoods
Department of
Fisheries, BMUs,
NGOs, County
governments
Promote alternative livelihoods Empower local communities to
diversify means of livelihood
Diversified economic base Number of
livelihood options
Government Lead
institutions, NGOs,
County governments
Strengthen mechanisms for co-
management, rehabilitation of coastal
ecosystems, and sharing of benefits
Establish community managed
areas (CMAs) in marine and
terrestrial
network of protected areas
expanded through CMAs
Expanded network
of protected areas
in coast
KWS, KFS,
Department of
Fisheries, CBOs and
NGOs, County
Governments
Promote PPPs in the conservation and
management of coastal resources
Develop and implement projects
based on PPPs
Thriving PPPs on coastal and
marine resources conservation
number of PPPs NEMA, CDA, private
sector, CBOs, County
Governments
Restore and promote traditional values and
practices that ensure sustainable
exploitation of resources
Document best traditional
practices and mainstream them in
conservation
Traditional knowledge and best
contributing to conservation
Documentation on
best traditional
practices
MEWNR, NMK, KWS,
Department of
Fisheries, KFS, CBOs
& NGOs
Promote multi-sectoral approach to the
management of coastal resources
Develop and implement site
specific ICZM action plans
Integrated management of
coast resources
site specific ICZM
action plans
NEMA, stakeholders,
County governments,
Promote market based instruments for
payments for ecosystem services
Develop schemes that promote
payment for ecosystem services
Improved conservation of
critical habitats and benefits to
local communities
schemes on
payment for
ecosystem
services
NEMA, MEWNR, lead
institutions, private
sector, NGOs, Local
communities, County
Governments
esource Use
Benefits
Ensure equity in access and use of
resources
Provide access to marine
resources and establish benefit
sharing schemes
Equitable access to marine
resources
Access &
Increased benefits
to the community
County Governments
Promote zoning schemes to resolve space
and on-water use conflicts
Develop and enforce zone plans Zoned areas Reduced resource
use conflicts
Physical Planning,
County Governments
Promote awareness and education on
resolving resource use conflicts
Develop and implement conflict
resolution mechanisms
Harmonious co-existence of
resource users
Reduced resource
use conflicts
NEMA, MEWNR, CDA,
Resource users, KWS,
County Governments
Develop and implement a code of conduct
that is sensitive to the cultural and religious
values of local communities
Establish code of conduct for
visitors
Visitors sensitised on cultural
and religious values
Code of conduct Department of Tourism
& NMK
Develop and implement mechanisms for
benefits sharing for local communities from
revenues accrued from the utilization of
coastal natural resources.
Establish a benefit sharing
schemes
Equitably shared benefits Improved livelihood KWS, County
Governments
Strengthen guidelines to minimise human Institute regulations and by-laws to Resolution of human-wildlife Reduced human- KWS, local
P
wildlife conflicts address human-wildlife conflicts conflicts wildlife conflicts communities & County
Governments
Promote best practice in resource
exploitation
Develop guidelines on resource
management
Sustainable resource
exploitation
Sustained benefits
to the community
KFS, KMFRI, CDA,
KWS & Stakeholders
Diversify livelihoods for local communities
to reduce pressure on critical habitats
Identify and promote alternative
income generating activities
Improved livelihoods, recovery
of critical habitats
Increased and
sustained benefits
to the community
Lead Institutions,
NGOs, Private sector,
Local communities,
County Governments
Theme: Conservation of the Coastal and Marine Environment
jective Policy Statement Strategic Actions Results Expected Indicator Implementation
Responsibility
rests
Ensure mainstreaming of the management of
coastal forests and mangroves into land use
planning
• Establish zones for specific
activities
• Provide access for non-
extractive uses
integrity of forest ecosystem
maintained;
Provision of socio-cultural
services
Land-use plan KFS, MEWNR, KWS,
Physical Planning
Department
Promote IWRM strategies to ensure the
conservation of water catchments, coastal and
mangrove forests
Map and gazette water catchment
areas
Services of water
catchments maintained
Land use plan WRMA, KFS, County
Governments
Promote a multi-sectoral approach in managing
coastal and mangrove forests
Set up mechanisms for
coordination of sectoral activities
Minimize duplication of effort
and foster synergy
Standing Committee KFS, County
Governments
Promote co-management of coastal and
mangrove forests
Strengthen mechanisms for co-
management
Conservation and sharing of
benefits
Co-managed
conservation areas
KFS, KWS, Fisheries
Department
Ensure developments proposed for areas in
and adjacent to forest areas are subjected to
EIA
Integrate EIA in development
planning and management
Environmental health
integrated in development
planning and management
EIA reports NEMA and Lead
Institution
Strengthen and enforce regulations governing
protection of coastal forests, including
mangroves to facilitate their conservation
Harmonize sectoral regulations
governing coastal forests and
mangroves
Harmonized and effective
regulations
Healthy forest
systems
MEWNR, KFS
Develop and implement site specific
management plans for coastal terrestrial
forests and mangroves
Develop and implement site
specific management plans
Sustainable management of
resources
Number of site
specific
management plans
KFS, KMFRI,
Community Forest
Associations, County
Governments
Undertake initiatives to restore degraded
coastal terrestrial forests and mangroves
Establish schemes for restoration
of degraded coastal forests
Healthy and productive
ecosystems
Number of
successful
restoration
schemes
KFS, KMFRI, NGOs,
Community Forest
Associations, County
Governments
nd Enforce relevant laws to regulate fishing,
including trawling, and tourism activities in sea
grass and coral areas;
• Establish activity zones
• Establish conservation areas
• Minimize use conflicts
• Maintaining ecosystem
integrity
Space use plan
Fisheries Department,
KWS, Tourism
Department
Promote good land management practices that Establish erosion control measures Coral reefs and sea grass Healthy ecosystems KFS, Department of
address soil erosion, to control sediment
loading and siltation of coral reefs and sea
grass beds
beds free from impacts of
siltation
Agriculture, KEFRI,
NEMA
Promote best practices and guidelines and
standards for sea-bed mining and oil
exploration
• Adopt best practices
• Establish guidelines and
standards
Minimize impacts of sea-bed
mining and oil exploration
A schedule of best
practices, guidelines
and standards
Ministry of Mining,
Ministry of Energy and
Petroleum
Promote the build up of knowledge base on the
coral reef and sea grass ecosystems through
scientific research and monitoring
Strengthen research and
monitoring programs
Scientific data and
monitoring information
Database KMFRI, Cordio, CRCP,
Academia
Promote the use of indigenous knowledge and
scientific information in the exploitation and
management of coral reef and sea grass
resources
• Document indigenous knowledge
• Apply traditional knowledge best
practices
Information
Conservation of coral reefs
and sea grass beds
Database
Healthy ecosystems
KMFRI, Cordio, CRCP
Promote the establishing of flagship MPAs for
the conservation of coral reef and sea grass
habitats
Identification and gazettement of
MPAs
Increased area for coral reef
conservation
Number of new MPAs KWS, Department of
Fisheries, BMUs,
County Governments
Domesticate the United Nations Framework
Convention on Climate Change, (UNFCCC),
and related Multilateral Environmental
Agreements (MEAs)
Domesticate UNFCCC and other
MEAs
Kenya meeting its
international obligations
Number of
international
obligations
domesticated
MEWNR, NEMA, Lead
Institutions, County
Governments
stuaries Ensure good land use practices to manage
erosion and minimize the high loads of
suspended sediments and siltation
Establish erosion control measures
at catchment areas and along river
basins
Reduced siltation in deltaic
and estuarine areas
Healthy delta and
estuarine ecosystems
KFS, WRMA, TARDA,
CDA, Local
communities County
Governments
Promote integrated river delta planning and
management to rationalize diversion, damming
of rivers and flood control and to ensure
environmental flows are maintained
Implement IWRM principles Healthy river basins Reduced impacts on
river basins
WRMA, TARDA, CDA,
County governments
Promote conservation of deltas and estuaries
to ensure protection of biodiversity
Develop and implement integrated
Tana delta management plan
Sustainably managed Tana
delta
Healthy Tana delta
ecosystems
NEMA, KWS, TARDA,
CDA, WRMA, County
Governments
Ensure enforcement of best practices in
planning and implementation of river basin
development for environmental sustainability
Develop capacity in human
resource and technical capability
Effective enforcement Sustainable river
basin management
WRMA, TARDA, CDA
, County governments
Promote incentives for upstream communities
through Payment for Ecosystem Services
Develop PES scheme for river
basins draining to the ocean
Sustainably managed river
basin
PES for river basins
draining to Indian
Ocean
NEMA, TARDA,
WRMA, CDA, County
Governments
maritime
urce
Promote cultural tourism and ensure proper
planning and visitor management to minimize
negative cultural impacts on local communities
• Develop a visitor management
plan
• Develop a code of conduct for
tourists
Cultural values of local
communities maintained and
respected
• A visitor
management plan
• A code of conduct
NMK , KWS
Promote community participation in the
conservation and management of heritage sites
through the use of indigenous knowledge and
observing cultural values
Identify and document indigenous
knowledge
Indigenous knowledge and
cultural values incorporated
in conservation of heritage
sites
Documentation on
indigenous knowledge
NMK, KWS
P
Promote public private partnership involving
local and international agencies in the
preservation, conservation and sustainable
management of heritage sites
Establish incentives for PPP Thriving PPP in conservation
and sustainable
management of heritage
sites
Number of functional
PPPs
NMK, KWS, County
Governments
Promote awareness on the importance of
cultural and natural heritage
Develop awareness and education
program targeting the community
and other stakeholders
Well informed and cohesive
community and other
stakeholders
Number of awareness
and education
programs
NMK, KWS, NEMA,
CDA
Promote the development of alternative non-
extractive or consumptive uses of natural
heritage sites for the benefit of the community
Empower the community with skills
and tools to develop alternative
livelihoods
Community engaged in
alternative non-consumptive
uses of heritage sites
Number and diversity
of successful
community based
alternative ventures
CDA, NMK, KWS
Ensure development projects likely to impact
archaeological sites are subjected to EIA
Enforce EMCA regulations on EIA
studies on development projects.
• Compliance with
regulations
• Sound management of
heritage sites
EIA study reports for
development projects
NMK, NEMA
trol and
gement
Empower County Governments to effectively
manage urban waste
Strengthen municipal by-laws and
enhance capacity of
law enforcers
Effective enforcement of by-
laws to manage urban waste
Effective by-laws MEWNR, NEMA,
County Governments
Promote public-private sector-partnership in
waste management
• Provide incentives for PPP
• Enforce EMCA (Waste
Management) Regulations 2006
• Private sector participation
in waste management
• Compliance with
regulation
• Number of
successful
partnerships
• Level of
compliance
MEWNR, NEMA,
County Governments,
NGOs, Private sector
Promote public awareness on good waste
management practices to ensure a clean and
healthy environment
Develop public awareness
programs
Public involvement in good
waste management practices
A clean environment MEWNR, NEMA,
County Governments,
NGOs, Private sector,
Ministry of Health
Enforce the EMCA (Waste Management and
Water Quality) Regulations 2006
Ensure compliance with solid
waste management regulations on
transport and dumping sites
through inspection, licensing and
promotion of compliance
Appropriate solid waste
disposal
Improved efficiency in
solid waste
management
MEWNR, NEMA,
County Governments
Develop and implement pollution prevention
and control guidelines for the coastal zone
Develop and implement pollution
management and mitigation
strategy
Classification and zoning of
sites based on pollution
sources, levels, types and
potential threats
Pollution control
strategy
MEWNR, NEMA,
County Governments
Strengthen County Governments to enforce by-
laws regulating urban waste management
• Establish reward schemes for
best practices in waste
management
• Strengthen the surveillance and
monitoring within County
authorities
Healthy ecosystems and
environment
Improved compliance
in waste management
MEWNR, County
Governments, NEMA
Implement the oil spill contingency plan • Strengthening OSMARG
• Enforce the polluter pays
Environment free from oil
pollution
Compliance to
Environmental Quality
KMA, KPA, OSMAG &
Stakeholders
principle in relation to EMCA
(Water Quality) Regulation 2006
Standards
Monitor and control the incidence of alien
invasive species
Set up monitoring program for alien
invasive species
Informed response to alien
and invasive species
Database KWS, KFS, KMFRI,
KEFRI
Enforce the Merchant Shipping Act, 2009
(Pollution Control Regulations)
Enforce the polluter pays principle Marine environment free
from pollution
Compliance to
Environmental Quality
Standards
KMA, OSMAG, KPA &
Stakeholders
e
er
Promote IWRM strategies to safeguard water
quality
• Enforce EMCA (Water Quality)
Regulations 2006
• Implement IWRM principles
Sustained good water quality • Reduced
incidences of water
borne diseases
• Healthy water
systems
MEWNR, WRMA,
NEMA, NGOs
Enforce EMCA (Water Quality) Regulations
2006
Enforce the polluter pays principle Sustained satisfactory quality
of surface (sea and fresh
water) and groundwater
Improved quality of
surface and
groundwater
WRMA, NEMA,
MEWNR
Ensure sustainable extraction of groundwater
to control the problem of saltwater intrusion into
water aquifers
• Regulate extraction of
groundwater based on pumping
test results
• Regulate spacing of extraction
points
Sustained good groundwater
quality
Effective regulations WRMA, MEWNR
Promote public awareness on the importance
of protecting natural water systems and
development
Develop public awareness
programs
Public involvement in
protecting natural water
systems
Healthy water
systems
WRMA, MEWNR, KFS
Implement the national Oil Spill Response
Contingency plan
enactment of the Merchant
Shipping bill
• Institutional arrangements
in place
• Finances are secured
Oil spill contingency
plan in operational
KMA, OSMAG, KPA
potable
es
Identify and develop alternative sources of
freshwater to reduce pressure on groundwater
sources
Identify and develop alternative
sources of freshwater
Alternative sources
developed
Reduced pressure on
groundwater
WRMA, MEWNR
Promote suitable management strategies that
protect water catchments and water supply
aquifers
• Zoning aquifer recharge areas
• Implement IWRM principles
Reliable water supply
sources
Delineated water
catchments
WRMA, KFS, MEWNR
Promote strategies that ensure environmental
flow objectives are met
Implement IWRM principles Ecological services
sustained and social needs
satisfied
Healthy ecosystems
Healthy population
WRMA, TARDA, CDA
Encourage the adoption of water recycling and
water saving practices
Raise awareness on the need for
water conservation
Controlled use of water Reduced water
consumption
WRMA, MEWNR,
NEMA
Promote public awareness on the importance
of protecting natural water systems and
development
Develop public awareness
programs
Public involvement in
protecting natural water
systems
Healthy water
systems
WRMA, MEWNR,
NEMA
P
Theme: Environmental Risk Management
jective Policy Statement Strategic Actions Results Expected Indicator Implementation
Responsibility
horeline change Develop and implement a Shoreline
Management Strategy for the entire
coast based on an understanding of the
natural coastal processes and dynamics
Develop vulnerability maps of the
coastal zone
Vulnerable areas identified
and mapped
Vulnerability
maps
KMD, CDA, KMFRI,
Physical Planning
Department, County
Governments
Ensure that land use plans along the
shoreline are informed by Shoreline
Management Strategy and monitoring
data
Generation of monitoring data Shoreline stability and
dynamics established
Database CDA, KMFRI,
Physical Planning
Department
Review and harmonise regulations
guiding development along the
shoreline
Define set back limits for the
shoreline based on detailed study
of shoreline stability
Setback limits established for
shoreline based on scientific
study on shoreline stability
Setback limits
informed by
science
NEMA, MEWNR,
Physical Planning
Department, County
Governments
merging issues affecting
one
Develop and implement a strategy for
protection of the coastal area against
the impacts of climate change and other
natural disasters
Develop and implement
strategies to protect areas
vulnerable to impacts of climate
change
Effective protection of areas
vulnerable to climate change
impacts
Vulnerable areas
secured
KMD, NEMA, CDA,
Physical Planning
Department, County
Governments
Assess the vulnerability and resilience
of the coastal resources to the impacts
of climate change
Commission vulnerability studies Data & information Study Reports KMD, KMFRI,
KEFRI, CDA, NEMA,
County Governments
Develop early warning systems for
natural disasters (such as Tsunami) and
monitor sea-level rise and its effects on
vulnerable areas
Develop and implement early
warning systems for natural
disasters &strengthen capacity
for sea-level monitoring
Improved capacity to detect
and respond to natural
disasters and sea-level rise
impacts
early warning
systems and sea-
level monitoring
reports
KMFRI, KMD,
MEWNR
Promote sharing and dissemination of
knowledge and technology in the
response to climate change
Develop climate change
information sharing mechanism
Improved awareness on
climate change and its
impacts
Information
sharing
mechanisms
MEWNR, KMFRI,
KMD, NEMA, County
Governments
Promote the adoption of appropriate
preventive and adaptive measures to
mitigate against the impacts of climate
change.
Identify and promote climate
change mitigation and adaptation
measures
Improved capability by
communities to mitigate and
adapt to climate change
Climate change
mitigation and
adaptation
measures
KMD, MEWNR,
NEMA, KMFRI,
County Governments
Theme: Capacity Building, Education, Awareness and Research
jective Policy Statement Strategic Actions Results Expected Indicator Implementation
Responsibility
wareness and
rograms focusing
one management
Develop and implement an ICZM Education
and Awareness strategy
Develop appropriate awareness
and education programs targeting
the various stakeholders
Improved awareness on
importance of coastal and
marine resources
ICZM Awareness
strategy,
Information
materials
NEMA, NGOs,
CBOs, stakeholders
Consider traditional knowledge and practice
in the conservation, planning and
management of coastal resources
Document traditional knowledge
and best practices
Application of traditional
knowledge in conservation
Traditional
knowledge and
values applied
NMK, KMFRI,
County Governments
Establish mechanisms for information
dissemination to decision makers,
communities and other stakeholders
Establish mechanisms for
information dissemination
Well informed decision
makers, communities & other
stakeholders
Information
channels
NEMA, Lead
institutions, NGOs,
CBOs, County
Governments
Promote environmental best practices into
the activities of government, developers,
communities and other stakeholders
Develop code of conduct
Propagate environmental
auditing of activities
Stakeholders observing
environmental best
practices
Regular audits
Code of
conduct
Reports
NEMA, KWS, KFS,
County Governments
Support the scaling-up of best practices in
coastal resources management
Adopt a systematic incremental
approach to scaling-up of best
practices
Wider appreciation and
adoption of best practices in
resource management
Monitoring report NEMA, Lead
institutions,
Stakeholders
Promote participation of the community and
other stakeholders in planning and
Implementation of ICZM policies
Raise awareness and education
on ICZM
Community involvement in
ICZM planning and
implementation
Increased
awareness and
community
participation in
ICZM
NEMA, CDA &
Stakeholders
d monitoring
using on the coastal
Promote the coordinated generation,
dissemination and sharing of data and
information, for use in planning and decision
making
Develop monitoring programs
on resource use and
environmental health
Establish information databases
on coastal resources to support
decision making
Monitoring data and
information
Databases NEMA, CDA, Lead
institutions, NGOs,
CBOs, County
Governments
Mainstream the use of traditional knowledge
in research and management
Survey and document traditional
knowledge in resource
management
Information on traditional
knowledge
Documentation Lead Institutions,
Academia, NGOs,
CBOs
Establish a centralised Information
Management System (IMS) on coastal and
marine resources to support decision making
and planning
Develop coastal and marine
resources IMS
Central database on coastal
and marine resources put in
place
Databases Physical Planning,
NEMA, Lead
Institutions,
stakeholders, County
Governments
heme: Institutional Arrangements and Legal Frameworks
P
jective Policy Statement Strategic Actions Results Expected Indicator Implementation
Responsibility
he complex multi-
lems of coastal Areas
Put in place an institutional framework
to fully implement the ICZM policy
Strengthen NEMA’s capacity to
promote the principle of
integration & sustainable
development in coastal zone
Improved coordination
and integration of sectoral
efforts
Clean and healthy
environment
MEWNR, NEMA
Finance the implementation of the ICZM
policy and institutional arrangements
Mobilise resources and
implement ICZM Policy
Resources mobilised and
ICZM policy implemented
ICZM policy
implemented
MEWNR, NEMA,
lead Institutions,
NGOs, Private
sector, County
Governments
work Enact legislation on integrated coastal
zone planning and management
Develop ICZM legislation ICZM legislation
developed
ICZM Act MEWNR, NEMA,
Stakeholders,
County Governments
Provide for financial arrangements to
sustain implementation of the policy
Secure funding from Government
sources
ICZM operations funded funding mechanisms MEWNR, County
Governments
Harmonize sectoral policy and legal
frameworks to address policy overlaps
and gaps
Review policy and legal
frameworks relevant to coastal
resource management
Improved legal and policy
environment on coastal
and marine conservation
Harmonized sectoral
policy and legal
frameworks
MEWNR, NEMA,
Lead institutions,
Stakeholders,
County Governments
FOREWORD
EXECUTIVE SUMMARY
1.2.3 The Physical planning Act of 1996
1.2.5 Merchant Shipping Act of 2009
1.2.6 National Museums and Heritage Act 2006
1.2.12 National Oceans and Fisheries policy
1.2.13 Water Policy
1.2.14 National Land Policy
1.2.15 Regional Development Authorities Policy
1.2.16 Draft Environmental Policy
1.2.17 Draft Integrated Ocean Policy
1.2.18 Draft National Wetlands Policy
1.2.19 Draft Forestry Policy
1.2.20 Draft Wildlife Policy
1.2.21 Draft Tourism Policy
4.3.4 Management of cultural and natural heritage
4.3.7 Provision of potable water supplies
Annex: Implementation Matrix
Phone numbers
- 20093
- 20064
- 20140109082904
- 19962
Phone numbers
- 2006 ............................................ 4
- 2009 ............................................................. 3
- 20140109082904
- 1996 ........................................................ 2
Law clause
- Article 112
- Section 5(5)
- Section 8
- article 69
- Section 55(2)
- Article 114
- Section 5
- Section 42
- Article 111
- Sec. 55
- Section 55
- article 10 2(
- Article 9
- Article 69
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