Environmental impact assessment is the systematic and critical examination of the effects of a project on the environment so as to provide the information to relevant authorities for decision making. Environmental audit on the other hand is the undertaken in order to ensure that the provisions made under the environmental impact assessment for managing impacts emanating from a project are adhered to, check for any new impacts and make recommendations for improvement of the project activity. The current development activities in East Africa call for adoption of environment impact assessment and audit. This is so as to ensure that this development is done in a sustainable manner. The fact that the East African partner states share many resources with each other also calls for a concerted effort towards development of environment impact assessment and audit process. This also calls for recognition of global developments with an aim of ensuring that environmental management and assessment is carried out in manner that is in tandem with global trends. This paper aims to study the application and institutionalization of environment impact assessment and audit in the East African community partner states. It starts with a general description of the environmental impact assessment and audit process. This is followed by an elaboration of its history and evolution over time. The paper then goes on to look at the policy, legal and institutional frameworks that guide environmental impact assessment and audit process in East Africa. The legal and policy review begins at the global level. This looks at the various international treaties relevant to environmental impact assessment and audit that the East African partner states are party and the environmental assessment policies of key financial institutions operating in the region. The paper then reviews the legal and policy framework at the regional level in order to gain a deep understanding of the provisions for harmonization of environmental impact assessment and audit in the East African region. Policy and legal frameworks for environmental impact assessment and audit in individual East African community countries including: Uganda, Tanzania, Rwanda, Burundi and Kenya are the looked into. The institutional frameworks for the conduct of environmental impact assessment and audit in these countries are also reviewed. The paper winds up by identifying some of the challenges facing environmental impact assessment and audit process among the East African community partner states.

1. 1
APPLICATION AND INSTITUTIONALIZATION OF ENVIRONMENTAL IMPACT
ASSESMENT AND ENVIRONMENTAL AUDIT IN THE EAST AFRICAN
COMMUNITY
BY
CAXTON GITONGA KAUA
Caxtonk2008@yahoo.com
WANGARI MAATHAI INSTITUTE FOR PEACE AND ENVIRONMENT STUDIES

2. 2
APPLICATION AND INSTITUTIONALIZATION OF ENVIRONMENTAL IMPACT
ASSESMENT AND ENVIRONMENTAL AUDIT IN THE EAST AFRICAN
COMMUNITY MEMBER COUNTRIES
Introduction
Environmental impact assessment is the systematic and critical examination of the effects of a
project on the environment so as to provide the information to relevant authorities for decision
making. Environmental audit on the other hand is the undertaken in order to ensure that the
provisions made under the environmental impact assessment for managing impacts emanating
from a project are adhered to, check for any new impacts and make recommendations for
improvement of the project activity.
The current development activities in East Africa call for adoption of environment impact
assessment and audit. This is so as to ensure that this development is done in a sustainable manner.
The fact that the East African partner states share many resources with each other also calls for a
concerted effort towards development of environment impact assessment and audit process. This
also calls for recognition of global developments with an aim of ensuring that environmental
management and assessment is carried out in manner that is in tandem with global trends.
This paper aims to study the application and institutionalization of environment impact assessment
and audit in the East African community partner states. It starts with a general description of the
environmental impact assessment and audit process. This is followed by an elaboration of its
history and evolution over time. The paper then goes on to look at the policy, legal and institutional
frameworks that guide environmental impact assessment and audit process in East Africa.
The legal and policy review begins at the global level. This looks at the various international
treaties relevant to environmental impact assessment and audit that the East African partner states
are party and the environmental assessment policies of key financial institutions operating in the
region. The paper then reviews the legal and policy framework at the regional level in order to
gain a deep understanding of the provisions for harmonization of environmental impact assessment
and audit in the East African region.
Policy and legal frameworks for environmental impact assessment and audit in individual East
African community countries including: Uganda, Tanzania, Rwanda, Burundi and Kenya are the
looked into. The institutional frameworks for the conduct of environmental impact assessment and
audit in these countries are also reviewed. The paper winds up by identifying some of the
challenges facing environmental impact assessment and audit process among the East African
community partner states.
Environmental Impact Assessment and Environmental Audit process
Environmental impact assessment is an effort to anticipate, measure and weigh the socioeconomic
and biophysical changes that may result from a proposed project (Schulter et al, 2005).
Environmental impact assessment encompasses a range of techniques including health impact
assessment, risk assessment and social impact assessment (EAC, 2005). EIA improves decision
making and ensures that development options under consideration are environmentally, socially

3. 3
and economically sound (Schulter et al, 2005). The process assists decision makers arrive at a
proper decision on whether to allow the implementation of a proposed project (Government of
Kenya, 2014).
EIA helps in: improving the credibility and corporate image of the organization, enabling
financiers of projects to assess the viability and legality of projects, ensuring the safety of both the
worker and the public and allowing public participation in projects (Kasimbazi, 2009). It also
enables weighing of the environmental effects of a project on a common yardstick as that of
economic benefits and costs, maintenance of ecosystem structure and function, enabling
sustainable development that optimizes resource use, identification of best project alternatives and
recommendation of appropriate modifications that integrate economic, social and environmental
concerns (Kasimbazi, 2009).
It does this by identifying, predicting and evaluating the foreseeable impacts of proposed
development activities and identifying their mitigation measures with an aim of minimizing the
negative impacts while optimizing the positive ones (EAC, 2005). In order for EIA to effectively
incorporate environmental concerns at the project level, it needs to be carried out as early as at the
project planning stage. This should be done as part of the project feasibility study with the aim of
ensuring its environmental feasibility (EIPL, 1999).
The typical EIA process starts with screening to check for those projects that actually require it.
This is then followed by scoping whereby the project is reviewed to identify its impacts (DANIDA,
2001). After this there is preparation of the terms of reference for the study, preparation of an EIA
process work plan and carrying out of the environmental impact assessment study. This is then
followed by EIA reporting, EIA review, EIA decision making and finally post EIA monitoring and
audit (DANIDA, 2001).
To achieve its end, EIA also needs to ensure stakeholder participation, multidisciplinarity and
focus on process rather than just the production of the environmental impact statement (EAC,
2005). Through participation, EIA provides an opportunity to improve transparency and
accountability by involving all stakeholders at the early planning phases of the project (Fitz-
Patrick, 2008). Public participation in EIA process also ensures that the process is open, utilizes
valuable information from the community as appertains to key impacts, potential mitigation
measures and project alternatives (COMESA, 2013).
It ensures that the proposed project meets the needs of the community, is legitimate, addresses
conflicts proactively, assists in informed decision making, promotes better project implementation
and enlightens the community on the positive and negative impacts arising from a proposed project
(COMESA, 2013). Public participation enables a better understanding of community perceptions
regarding the proposed activity in order to better resolve issues and attain consensus (Bond et al,
2004).
Public participation in EIA process therefore has the benefit of: avoiding future liabilities, learning
about the cost effectiveness and environmental soundness of the project from the local community
and building societal respect for environmental law (Kahangiriwe, 2012). It fosters moral and
social values for environmental quality and positive personal relationships (Kahangiriwe, 2012).

4. 4
History of Environmental Impact Assessment and Environmental Audit
EIA process has over the years emerged as a key policy instrument for environmental protection
(Pallangyo, 2010). The process started in the United States of America in 1969 with the enactment
of the national environmental protection act which came into law in 1970 (Schulter et al, 2005 ).
This was in response to the increasing public concern about the quality of the environment and the
greater impacts of new emerging technologies and larger development schemes (Kasimbazi,
2009). More so the then available economic appraisal techniques such as cost benefit analysis did
not take into account the environmental and social impacts of development projects. The crafters
of the NEPA, 1969 therefore aimed for the environmental impact statement to be an action forcing
mechanism which would change the way government decisions were made in the USA
(Kasimbazi, 2009).
Between 1970 and 1975 EIA was being used with a focus on sufficient description and prediction
of ecological and land use changes. During this time formal opportunities were established with
emphasis on accountability and control of project design and mitigation (Schulter et al, 2005).
Between 1975 and 1980 multidimensional EIA incorporating social impact assessment of changes
in services, community and lifestyles emerged. Public participation became an integral part of
project planning and EIA required risk analysis of facilities and new technologies to be undertaken
(Schulter et al, 2005). Between 1980 and 1992 there was establishment of better linkages between
EIA, policy planning and implementation. This period saw great emphasis being placed on
research and monitoring and evaluation procedures (Schulter et al, 2005 ).
International instruments and national laws have now imposed EIA requirements that are
increasingly broad in scope and detailed in their requirements and provisions (Kasimbazi, 2009).
To date several countries have taken measures to implement EIA through binding national
legislation. Although EIA practices differ among countries, reference to EIA is being built into
international and national environmental laws and policies as a component of sustainable
development (Kasimbazi, 2009).
History of Environmental Impact Assessment and Environmental Audit in the East Africa
Community
In Kenya, the environmental management and coordination act, the legal framework responsible
for environmental management came into effect on 14th
/January/2000 setting the stage for the start
of EIA practice. EIA regulations came into effect on 13th
/June/2003 (Kasimbazi 2009). In Rwanda
the national environmental policy was established in 2002 also setting the stage for EIA practice
in Rwanda (EAC, 2011). In Uganda the legal framework for environmental management was put
in place in 1999. This paved the way for EIA legislation leading to EIA in guidelines in 1998
(EIPL, 1999).
Tanzania actually started undertaking EIA in the 1980s and the process has since evolved slowly.
The current environmental framework in Tanzania was passed in 2004 (Kasimbazi, 2009). In
Tanzania the environmental framework providing for conduct of EIA was passed in 1999 (EAC,
2014). In Burundi the environmental framework was passed in 2000 with the supplementary EIA

5. 5
implementing decree and ministerial decision being passed in 2010 and 2013 respectively (NEIR,
2015).
Ugandas, environmental governance frameworks have therefore been in place for a longer period
as compared to the other EAC states (Kimani, 2010). This is partly due to efforts of post war
reconstruction which gave leeway for expansion of opportunities for previously marginalized
groups. A vibrant civil society had emerged following years of struggle against authoritarianism
(Kimani, 2010). However some quarters have argued that this good image only appeared on paper
with the reality being a completely different scenario (Kimani, 2010).
East African Community Environmental Impact Assessment and Environmental Audit legal
and policy frameworks
In East Africa the provision for EIA is made through legislation and policy frameworks
(Kasimbazi, 2009). These frameworks are essential instruments in achieving sustainable
development in East African countries (EAC, 2014). This calls for increased commitment by East
African countries in the application and institutionalization of their environmental assessment legal
frameworks. Major gaps in these legal frameworks still exist in the East African region hence
affecting effectiveness of environmental assessments (EAC, 2014).
All the EAC partner states advocate for the passage of environmental laws and policies that
guarantee sound management of the environment and natural resources sustainably. These laws
and policies which cut across various sectors of the partner states generally speak in harmony with
principles advocated by both international and regional legal instruments (EAC, 2014). The
similarities between the environmental laws and policies in the EAC therefore override the
divergences (EAC, 2014). The partner states also try to some extent to incorporate environmental
issues albeit in the preambles of their constitutions with the more recent ones such as the new
Kenyan constitution being more progressive in articulating these issues (EAC, 2014).
Generally speaking the first founding members of the EAC, i.e. Kenya, Uganda and Tanzania,
differ much less in their environmental legislations. This is partly due to historical reasons and
also the memorandum of understanding on environment the three nations signed in 1998 (EAC,
2014). The environmental legislations of the three countries also borrow heavily from those of
Uganda which was the pioneer in enactment of framework environmental laws (EAC, 2014).
Given the fact that the EAC partner states share various resources, there is actually need for
common environmental frameworks in addition to the individual partner states (EAC, 2005). This
is based on the fact that currently important developments are occurring in some of East African
communitys’ shared ecosystems which have environmental impacts (EAC, 2005) whereas the life
of East Africans is intimately connected to their environment (Kahangirwe, 2012). It is based on
these facts that the East African community has developed various regional legislations that guide
EIA process especially of a transboundary nature (EAC, 2005).
Various international environmental treaties that are applicable or binding to East African states
are also very relevant to EIA process (EAC, 2014). More so various financial institutions have
EIA requirements hence regulations that are also relevant to East African countries (Kasimbazi,

6. 6
2009). The operational policies of the financial institutions although different in certain respects
do follow a relatively standard procedure for the preparation and approval of EIA reports. Their
policies and arrangements are especially important in countries that have weak or nonexistent
domestic arrangement (Kasimbazi, 2009).
International environmental treaties related to Environmental Impact Assessment and
Environmental Audit and binding to the East African Community partner states
The 1991 Espoo convention on environmental assessment in a transboundary context aims at
preventing, reducing and controlling all the adverse transboundary environmental impacts from
proposed activities (United Nations, 1991). This is by establishment of an EIA procedure that
permits public participation. The convention requires parties to individually or jointly take all
appropriate and effective measures to prevent, reduce and control significant adverse
transboundary environmental impacts from proposed activities; apply the principles of EIA to
policies, plans and programs (article 2) and submit the EIA documentation to the competent
authority of the party of origin (United Nations, 1991).
In addition to this, the Espoo convention requires the party of origin to furnish the affected party
as appropriate through a joint body where one exists with the environmental impact assessment
documentation (article 4); the party of origin to make consultation on the potential transboundary
impact of the proposed activity and measures to reduce or eliminate its impacts through an
appropriate joint body where one exists (article 6) and lastly carry out a post project analysis taking
into account the likely significant adverse transboundary impact of the activity for which an
environmental impact assessment is required (United Nations, 1991).
The convention on the protection and use of transboundary and international lakes of 1992 on the
other hand is intended to strengthen national measures for protection and ecologically sound
management of transboundary surface and ground waters. It obliges parties to prevent, control and
reduce pollution from point and nonpoint sources (United Nations, 1992). It also includes
provisions for monitoring, research and development, consultations, warnings and alarm systems,
mutual assistance, institutional arrangements and the exchange and protection of information.
Article 3 of the convention calls for the application of EIA and other means of assessment for the
prevention, control and reduction of transboundary water courses and international lakes (United
Nations, 1992).
The convention on biological biodiversity has three objectives which have implications for EIA.
These include: to conserve biological resources fairly and equitably (article 1). The CBD requires
parties to use EIA effectively to avoid or minimize significant adverse impacts on biodiversity
(article 14) and to promote consultation on activities that are likely to adversely affect areas beyond
the limits of national jurisdiction by encouraging the conclusion of bilateral, regional or
multilateral agreements as appropriate (United Nations, 1992b).
The I971 RAMSAR convention and the protocols thereunder also has provisions for EIA on
activities to be conducted on wetlands. Article 3.1 requires contracting parties to formulate and
implement their planning so as to promote the conservation of wetlands included in the list and as
far as possible the wise use of wetlands in their territory (United Nations, 1971). Article 3.2

7. 7
requires parties to arrange to be informed at the earliest possible time if the ecological character of
any wetland in its territory and included in the list i.e. wetland of international importance has
changed, is changing or is likely to change due to technological developments, pollution or other
human interference (United Nations, 1971).
Resolution VII.16 of the RAMSAR convention adopted at the seventh conference of the
contracting parties also calls upon contracting parties to ensure that projects, plans, programs and
policies with the potential to alter the ecological character of wetlands are subjected to rigorous
EIA process including public involvement of local communities (United Nations, 1971). The
convention provides further that contracting parties with shared wetlands and rivers encourage
cooperative approaches to EIA with neighboring countries. The EIA in this case should address
both the site (wetland) of the proposed development and other external elements such as upstream-
downstream influences having regard to interactions between all components of water systems at
the catchment level (United Nations, 1971).
The UNEP principles on shared resources, 1978 in principle require states to undertake
environmental assessments before engaging in any activity with respect to natural resources which
may create a risk or significantly affect the environment (United Nations, 1978). The convention
concerning the protection of the world cultural and natural heritage (United Nations, 1972) in
article 5 requires effective measures to be taken. This should include assessments of the feasible
project alternatives to prevent or minimize or compensate for adverse impacts and assess the nature
and extent of potential impacts on these resources and the designing of mitigation plans (United
Nations, 1972).
The Basel convention, 1989 on transboundary movement of hazardous wastes overall goal is to
protect, by strictly controlling human health and the environment against the adverse effects which
may result from the generation of transboundary movement and management of other waste
(United Nations 1989). More so the Bamako convention on the ban of the import into Africa and
control of the transboundary movement of hazardous wastes within Africa of 1991 aims to protect
human health and environment from dangers posed by hazardous wastes by reducing their
generation to a minimum in terms quantity and/or hazardous potential (African Union, 1991)
The convention on migratory species, 1979 in article 3.4 requires parties to undertake appropriate
actions to prevent the endangering of migratory species. In this regard EIA serves as an important
tool for implementation of article 3.4 on the protection of migratory species specified in appendix
1 of the convention (United Nations, 1979).
The UNFCCC requires parties to avoid adverse effects on the environment and adapt measures
and policies to control carbon dioxide emissions in technologies. They are required to take climate
change considerations into account to the extent feasible in their relevant social, economic and
environmental policies and actions (United Nations, 1992c). They should employ appropriate
methods such as impact assessment formulated and determined nationally with a view of
minimizing adverse effects on the economy, public health and quality by projects. This includes
the adverse impacts of measures incorporated in projects aimed at mitigating or adapting to climate
change (United Nations, 1992c).

8. 8
Principle 17 of the Rio declaration to which the East African community states subscribe to states
that EIA as a national instrument shall be undertaken for proposed activities that are likely to have
significant adverse impacts on the environment and are subject to a decision of a competent
national authority (principle 17) (United Nations, 1992d). Chapter 8 of agenda 21 requires
comprehensive analytical procedures and simultaneous assessments of the impacts of decisions
including impacts within and among economic, social and environmental spheres. The procedures
used should extend beyond the project level to policies, plans and programs (United Nations,
1992c).
Financial institutions Environmental Impact Assessment and Environmental Audit policies
relevant to the East African Community partner states
The world banks environmental assessment policy includes the operational policy 4.01 and the
banks procedures 4.01 also known as the (OP/BP 4.01). This policy applies to all World Bank
lending operations (World Bank, 2013). The policy is seen as the backbone of the banks safeguard
policy corpus. The world bank environmental assessment policy is designed as a tool for making
sure that projects proposed for the banks financing are environmentally sound, improve project
performance and enhance their overall quality and sustainability. Environmental assessment is
applied as one of the ten environmental safeguard policies of the bank. According to the bank
environmental assessment should be a process rather than a specific product. It is seen as a tool for
improving the quality and sustainability of proposed projects (World Bank, 2013).
The African development banks policy on environmentally sustainable development in Africa is
the 2004 bank group policy on the environment. It acknowledges the need to preserve and enhance
ecological capital to sustain and enrich economic growth in Africa 9AfDB, 2004). The main goals
of the policy include to: promote longterm view and perspective of social and economic
development; stop impoverishment process in Africa by enhancing access of the poor to
environmental resources; sensitize policy makers on environmental issues; to bring about
institutional changes to achieve sustainable development; to reinforce international and regional
partnerships and to coordinate interventions on sustainable development (AfDB, 2004).
Two procedural guidelines that are key to the African development bank policy on
environmentally sustainable development in Africa are the strategic impact assessment guidelines
and the integrated environmental and social assessment guidelines. The strategic impact
assessment guidelines assist in evaluating the environmental consequences of any proposed policy
or program. It is also a tool for assessing the social and environmental sustainability of policy
based lending, structural adjustments and sector investment lending (AfDB, 2003). The integrated
environmental and social assessment guidelines on the other hand are designed to ensure the
inclusion of environmental and social issues in bank projects throughout the project cycle. They
provide guidelines for sector specific issues and impacts that should be taken into account during
the preparation and assessment phases of a project (AfDB, 2003b).
The Equator principles are a set of environmental and social benchmarks for managing
environmental and social issues in development projects finance globally. The principles requires
that for all medium and high risk projects i.e. category A and B projects, sponsors should complete

9. 9
an environmental impact assessment the preparation of which must meet certain requirements and
satisfactorily address key environmental and social issues (principle 2) (EPFI, 2013). Principle 3
requires that for risky projects, the borrower has to consult with stakeholders and provide them
with information on the risks of the project (EPFI, 2013).
East African Community regional Environmental Impact Assessment and Environmental
Audit legal and policy frameworks
The East African community treaty, 1999 call for the establishment of common EIA guidelines
for the member states. Article 112 of the treaty endears all the partner states to cooperate in all
issues of environment and natural resources management through integration of their
environmental management and conservation measures in all their national development plans and
activities. (EAC, 1999) The treaty requires the partner states to cooperate in preserving, protecting
and enhancing the quality of the environment and ensure sustainable utilization of shared natural
resources. Article 151(1) of the treaty mandates the partner states to conclude such protocols as
may be necessary in each area of cooperation and integration. It is on the basis of this directive
that the EAC treaty therefore provides for the setting up of regional environmental assessment
guidelines for the management of Transboundary ecosystems in East Africa (EAC, 1999).
The protocol for the establishment of the East African community customs union under article 38
takes cognizance of the need to enter into a protocol on environment and natural resource
management (EAC, 1999b). It spells out the objectives and scope of cooperation and institutional
mechanisms recognizing the fact that the environment and natural resources form the backbone of
the communitys’ sustainable development (EAC 1999b).
The East African protocol on environment and natural resources management, 2006 also provides
the basis for the institution of regional guidelines for Transboundary EIA in partner states. It seeks
to promote sustainable development and utilization of the EAC environment and natural resources
in a manner that is not detrimental thereto (EAC, 2006). It promotes development and
harmonization of policies, laws and strategies for environment and natural resource management
to support sustainable development. It espouses various principles on the basis of which the EAC
states should manage their environment and of which are relevant to EIA including the principal
of public participation, prior informed consent, the polluter pays principle, the user pays principle,
the precautionary principle and the principle of EIA and audit (EAC, 2006).
The East African community Transboundary act, 2000 requires in article 12 that every person
intending to use a shared Transboundary ecosystem within their territory for purposes other than
domestic use or who intends to set up a project in such an ecosystem to obtain a permit from the
relevant competent authority within the partner state (EAC 2000). If such an activity or project is
determined as likely to have a significant impact on the Transboundary ecosystem it shall be
subjected to an EIA. The EIA must provide means of dealing with the impacts of the project in
accordance with the EIA guidelines adopted by the partner states (EAC, 2000).
The Nile basin initiative environmental and social policy, 2013 aims to compliment existing
national efforts by covering the transboundary dimension of environmental and social management
in the Nile Basin (NBI, 2013). Its overarching goal is to ensure social and environmental

10. 10
sustainability of the Nile basin initiative program; provide guidance for managing transboundary
environmental and social impacts of national activities; provide support to the Nile basin countries
for protection and conservation of critical Nile environmental resources and to demonstrate
commitment of the Nile Basin initiative and Nile countries to international best practices with
regard to environmental and social management of development activities (NBI, 2013)
The Nile basin initiative environmental and social policy, 2013 espouses the principles of
subsidiarity, public participation, precautionary principle, transparency and accountability. It also
espouses the principles of social equality, gender equity, compatibility and complementarity, basin
wide cooperation and sustainable socioeconomic development (NBI, 2013). The key policy areas
of this policy includes the assessment and management of environmental and social risks and
impacts (NBI, 2013).
The protocol for sustainable development of the Lake Victoria basin, 2003 also has provisions that
are directly relevant to the management of the environment and natural resources of the community
(EAC, 2003b). In article 2 it directs partner states to cooperate in the sustainable development of
Lake Victoria. It requires partner states to develop national laws and regulations requiring
developers of projects to undertake EIA of planned activities which are likely to have significant
impacts on the natural resources of the basin (EAC, 2003b). If a project is deemed to have
significant environmental impacts, the responsible partner state is required to avail to the other
states and the secretariat the environmental impact statement for comments (EAC, 2003b). A
partner state whose such comments are not acted upon may invoke the dispute settlement
procedure stipulated in article 46 of the protocol by notifying the responsible state and secretariat
of its intention as required in article 12 (EAC, 2003b).
Based on this the East African community countries have therefore developed their environmental
assessment guidelines for shared ecosystems. These guidelines define the modus operandi for all
activities carried out in or near shared ecosystems that are likely to cause significant
environmental, health and social impacts (EAC, 2005). The guidelines also apply to all activities
carried out at cross border areas or even outside such shared areas but likely to affect indirect or
direct effects on partner states. They will also act to compliment the partner states national
frameworks for environmental assessments and also depend on their national systems for
implementation (EAC, 2005).
According to the guidelines criteria for determining whether a project has transboundary impacts
include: an activity falling within the area or area of immediate impact, activity falling outside the
core or the immediate impact area but having Transboundary effects and a policy, plan, program
or an activity whose objective is to promote regional integration (EAC, 2005). More so an activity
whose objective or impact may promote regional integration or affect valuable or vulnerable areas
including landscapes with a recognized national or international status (EAC, 2005).
The strategies for conducting a transboundary impact assessment according to the guidelines
include: preparation of a project brief i.e. screening and scoping; conducting of an environmental
impact study; conducting of an environmental impact statement review; holding of a public
hearing; decision making and monitoring and auditing (EAC, 2005). The guidelines also define

11. 11
the impact areas into three levels including the core area, the immediate impact area and the area
of influence. The cost of the transboundary EIA in the partner states are to be met by the developer.
This could be a local or foreign private sector. It could also be any two or all the governments
through the concerned agencies, ministries or departments (EAC, 2005).
East African Community country specific Environmental Impact Assessment and
Environmental Audit legal and policy frameworks
Uganda
The constitution of Uganda, 1995 has provisions for environmental management. Principle xxvii
of the constitution stipulates that the state will promote sustainable development and public
awareness on the need to manage land, air and water resources in a balanced and sustainable
manner for the present and future generations (Government of Uganda, 1995). Article 39 states
that every Ugandan citizen has a right to a clean and healthy environment. This is further
complimented by article 50 which gives any person the right to seek legal redress if his/her
fundamental rights or that of other persons are breached (Government of Uganda, 1995). Article
237(2) also requires the government to enact laws that protect and preserve the environment from
degradation (Government of Uganda, 1995).
The Uganda national environmental policy, 1994 overall goal is sustainable social and economic
development which maintains or enhances environmental quality and sustainable resource
productivity (Government of Uganda, 1994). The policy provides for the integration of
environmental concerns in national socioeconomic development planning process, avenues for
inter sectoral cooperation and comprehensive and coordinated environmental management
(Government of Uganda, 1994). It provides the framework for development of other sectoral
environmental policies. The policy considers EIA as one of the tools towards environmental
quality and sustainable resource productivity. It thus requires projects and policies likely to have
to have significant effects on the environment to be subjected to EIA (Government of Uganda,
1994).
The Uganda national environment act, 1995 is the framework law on environment. It provides for
the sustainable management of the environment and establishes the national environmental
management authority as the principal government agency for environmental management
(Government of Uganda, 1995b). The national environmental act, 1995 is based on various
principles that are key to the conduct of EIA including: the polluter pays principle,
intergenerational and intragenerational equity, public participation, precautionary principle,
international cooperation in environmental management and the need for prior informed consent
(Government of Uganda, 1995b). The act provides the Uganda environmental impact assessment
and audit regulations, 1998 to guide the conduct of EIA processes (Government of Uganda,
1995b).
The national environmental act, 1995 stipulates that an EIA be undertaken by the developer where
the lead agency in consultation with is of the view that the project may have a significant impact
on the environment (Government of Uganda, 1995b). This is imposed as an obligation in section
19 of the act. It also provides for formulation of EIA guidelines and regulations (Government of

12. 12
Uganda, 1995b). Part v(1) further provides for the establishment of environmental standards. The
act requires a proponent of a development project to pay a sum of money amounting to 0.1% of its
cost in order to get clearance by the authority through EIA process (Government of Uganda,
1995b).
The act led to amendment of various sectoral laws to make sure that they made requirements for
EIA. Most of the sectoral laws that have been enacted after 1995 in Uganda therefore have
provisions for EIA (Government of Uganda, 1995b). This has been followed by formulation of
sector EIA guidelines. Such sectors include the: energy, fisheries and water and mining sectors
(Government of Uganda, 1995b). The Uganda EIA regulations give details and guidelines on how
EIA is to be conducted in Uganda (Government of Uganda, 1998). The national environmental
audit guidelines on the other hand give details and guidelines on how environmental audits are to
be done in Uganda (Government of Uganda, 2006).
In Uganda various gaps however still exist in the EIA legal framework. These include the fact that
there are no adequate provisions for transboundary EIA and strategic environmental assessment.
There are also no provisions for regulating EIA at the local levels (Kasimbazi, 2009).
Tanzania
The constitution of Tanzania was amended in 1984 to include the bill of rights. Article 14 of the
bill of rights states that every citizen has the right to life and protection of life by society
(Government of Tanzania, 1984). The high court in the case of Festo Balegele versus Daresalam
city council interpreted this article to mean that people are entitled to a healthy environment in its
ruling (Kasimbazi, 2009). In addition to this, article 9 of the constitution requires the government
to ensure that national resources are harnessed, preserved and applied towards the common good
(Government of Tanzania, 1984).
The United republic of Tanzania national environmental policy, 1997 recognizes that development
is sustainable if it takes place within natures tolerance limits, both in the short term and long term
perspective (Government of Tanzania, 1997). It seeks to provide the framework for making
fundamental changes that are needed to bring environmental considerations into the mainstream
of decision making processes (Government of Tanzania, 1997). It calls for a coherent policy where
priorities can be defined for the promotion of long term economic growth, creating incentives for
sustainable utilization of natural resources, disincentives for environmental pollution and
degradation and for effective management of the overall environment (Government of Tanzania,
1997).
The policy realizes the fact that in order to achieve sustainable development, environmental goals
and actions have to be mainstreamed into sectoral policies and programs (Government of
Tanzania, 1997). It seeks to provide policy guidelines and plans and gives guidance for the
determination of priority actions for monitoring and regular review of policies, plans and programs
(Government of Tanzania, 1997). It further provides for sectoral and cross-sectoral policy analysis
thus exploiting synergies among sectors and interested groups (Government of Tanzania, 1997).
Chapter 4, section 64 of the policy states that it is in the context of an EIA regime that policy
guidance and choices to maximize longterm benefits of development and environmental objectives

13. 13
can be revealed and decided upon (Government of Tanzania, 1997). It further states that EIA as a
planning tool shall be used to ensure unnecessary damage to the environment is avoided. The
policy also advocates for public consultation and public hearings in EIA procedures (Government
of Tanzania, 1997.
The Tanzania environmental act, 2004 is the overarching framework for environmental
management in Tanzania (Government of Tanzania, 2004). The act through article 4 introduces a
concept of the right to a clean, safe and healthy environment for Tanzanians. It imposes an
obligation on developers to conduct EIA prior to commencement of a project to determine if it has
any negative effects on the environment (Government of Tanzania, 2004). Article 81 of the act
makes EIA mandatory for all development projects that fall under the EIA mandatory list
contained in schedule 3 of the act. Developers are also required to undertake regular audits of their
facilities (Government of Tanzania, 2004). The act also provides for the formulation of the
environmental impact assessment and audit regulations, which provide the procedure as to how
EIA will be conducted (Government of Tanzania, 2004b).
The act is comprehensive and includes provisions for institutional roles and responsibilities for
environmental management, principles of management, impact and risk assessments, strategic
environmental assessment, prevention and control of pollution, environmental quality standards,
public participation and compliance and enforcement (Government of Tanzania, 2004). It also
addresses implementation of international instruments for environmental management, state of the
environment reporting, implementation of the national environmental policy, establishment of the
national environmental trust fund and other related matters (Government of Tanzania, 2004).
The environmental management act confers the task of overall coordination of environmental
management and central support functions to the ministry of environment. This ministry is
anchored under the office of the vice president. This role is performed by the directorate of
environment within the ministry (Government of Tanzania, 2004). The environmental
management act, 2004 also establishes the national environmental advisory committee as an
advisory body to the minister on environmental issues (Government of Tanzania, 2004). The act
also provides for the continuation of the national environmental management council (Government
of Tanzania, 2004). It further provides for the establishment of the environmental regulatory body
which oversees environmental units at the district and sectoral levels (Government of Tanzania,
2004). The act therefore promotes and provides for the institutionalization of EIA in national,
sectoral, district and community levels despite there being extremely limited capacities in the latter
levels (Government of Tanzania, 2004).
The Tanzania investment act, 1997 stipulates that one of the functions of the investment promotion
center is to liaise with the appropriate agencies so as to ensure that investment projects undertaken
use environmentally friendly technologies and restore, preserve and protect the environment
(Government of Tanzania, 1997b). This thwarts unscrupulous dealers who may want to turn a
profit at the expense of the environment.
Various sectoral laws in Tanzania also provide for EIA in projects. These include the forest act
2002 and the fisheries act 2003

14. 14
In Tanzania, various gaps still exist in the EIA legal framework. These includes the fact that there
are no adequate provisions for transboundary EIA and strategic environmental assessment. There
are also no provisions for regulating EIA at local levels. The bill of rights in the constitution does
not adequately address environmental matters. This is because it does not adequately spell out the
environmental rights that could provide for formulation of environmental laws (Kasimbazi, 2009).
Although Zanzibar is part of the mainland Tanzania under the united republic of Tanzania. It also
boasts of its own environmental legislations.
The Zanzibar environmental management for sustainable development act, 1999 is the overall
environmental framework in Zanzibar. Part 2, section 6 of the act states that every person has the
right to a clean and healthy environment and the duty to maintain it (Government of Zanzibar,
1999). In section 5 the act states that in implementing the purposes of the act, government
institutions in particular shall ensure that public works are implemented in an environmentally
sound manner and their plans must include works geared towards overall protection and
improvement of the environment (Government of Zanzibar, 1999).
Part 5 of the act under section 38 states that no person can undertake any activity which is likely
to have significant impacts on the environment without an EIA certificate issued under the act
(Government of Zanzibar, 1999). More so no licensing institution under the act shall issue a
license, permit, certificate or other form of approval to an activity which is likely to have a
significant impact on the environment unless an EIA certificate has been issued for the activity
(Government of Zanzibar, 1999). The act goes on issue general guidelines for conduct of EIA and
directs the minister to issue detailed regulations to govern EIA procedure. It further directs the
minister to invite public opinion while determining an appeal in EIA process. The act goes on to
issue a list of activities that are exempt from EIA process in Zanzibar (Government of Zanzibar,
1999).
Rwanda
The constitution of Rwanda under article 49 states that every citizen is entitled to a healthy and
satisfying environment (Government of Rwanda, 2003). The state and all citizens are charged with
the role of protecting and promoting the environment. The constitution goes on to determine the
modalities under which this duty is to be done (Government of Rwanda, 2003).
The Rwanda vision 2020 has as one of its pillars the protection and management of the
environment (Government of Rwanda, 2000). It envisages a nation where pressure on the
environment and natural resources is substantially reduced and calls for environmental protection
to meet the needs of future generations (Government of Rwanda, 2000). It gives strategic and inter
alia institutes the principles of community participation, the precautionary principle and the
polluter pays principle as well as a preventive measures to ensure that the environment is
safeguarded (Government of Rwanda, 2000). It ensures that environmental issues are integrated
into development and decision making. The vision 2020 requires EIA to be conducted for all
development projects (Government of Rwanda, 2000).

15. 15
The Rwanda environmental policy aims to improve man’s wellbeing through proper utilization
and management of the environment and natural resources for sustainable and fair development
(Government of Rwanda, 2003b). This is to be achieved through among others the integration of
environmental aspects into all development policies and activities carried out at the national,
provincial and local levels (Government of Rwanda, 2003b). This is to be done with the full
participation of the population. It also aims to create environmental awareness among the public
and ensure community participation in environmental management (Government of Rwanda,
2003b).
The Rwanda organic law on environment, 2005 is the general legal framework for environmental
management in Rwanda. It determines the modalities for the protection, conservation and
promotion of the environment in Rwanda. The law is constituted based on the principles of the
right to live in a healthy and balanced environment, the precautionary principle, the polluter pays
principle, the prior informed consent principle and public participation (Government of Rwanda,
2005). The law provides for establishment of the Rwanda Environmental Management Authority
(Government of Rwanda, 2005).
This organic law regulates EIA in Rwanda Article 67 of the law states that every project will be
subjected to an EIA before authorization for its implementation. This requirement also applies to
all programs and policies that may affect the environment (Government of Rwanda, 2005). Article
68 of the law notes the main points that an EIA must encompass. In article 69 it stipulates that an
EIA should be examined by the Rwanda Environment Management Authority or any other person
who has the authority to do so from the agency (Government of Rwanda, 2005).
According to the organic law on environment, an EIA is to be conducted at the expense of the
proponent (Government of Rwanda, 2005). The cost of an EIA process is to be determined as a
percentage of the total cost of the development project (Government of Rwanda, 2005). The law
also gives a list of those activities for which an EIA must be carried out. More so it states activities
that are prohibited due to their deleterious effect on the environment (Government of Rwanda,
2005). The Rwanda ministerial order No. 03/2008 also establishes the list of works, projects and
activities for which an EIA is required (Government of Rwanda, 2008).
In addition to this, the organic law provides for formulation of EIA and audit regulations, 2007.
The Rwanda environmental impact assessment and audit regulations that guide the conduct of the
EIA process in Rwanda (Government of Rwanda, 2006). Article 1 of these regulations requires all
projects listed under schedule 1 of the act to be subjected to a full EIA study without which no
authorization will be granted (Government of Rwanda, 2006). Article 47 directs that the authority
on receipt of the EIA report should arrange for a public hearing within a 20 days period from the
first day of notification (Government of Rwanda, 2006). In the hearing members of the public are
to express their views and comments appertaining to the project and report. This is to be done at
the authorities cost (Government of Rwanda, 2006). These regulations are meant to ensure that all
stakeholders have a clear understanding of their roles and that laws and regulations are interpreted
correctly and consistently.

16. 16
The Rwanda national policy on EIA, 2003 ensures the protection and sustainable management of
the environment and encourages the rational use of natural resources (Government of Rwanda,
2003c). According to the policy EIA is supposed to achieve set benchmarks and embrace
commitment to international conventions to which Rwanda is a signatory to (Government of
Rwanda, 2003c). The policy recognizes EIA as a valuable tool in the transboundary context and
provides a pretext and basis for future international cooperation and conflict resolution concerning
environmental impacts at the regional level (Government of Rwanda, 2003c).
The legal and policy framework for EIA in Rwanda however has various gaps. These include that
there is no provision for transboundary EIA (Government of Rwanda, n.d.). There is also lack of
a national association to act as a civil organization to monitor the implementation of EIA laws
(Kasimbazi, 2009).
Burundi
The current constitution of Burundi which was amended in March 2005 in article 107 recognizes
the protection of the environment and conservation of natural resources (Government of Burundi,
2005). Article 166 forbids matters that are likely to gravely affect the environment (Government
of Burundi, 2005). In article 35 it states that the state shall ensure the proper management and
rational exploitation of the countrys natural resources while preserving the environment and
conserving the natural resources for future generations (Government of Burundi, 2005). This paves
the way for formulation of laws and regulations in the field of environment.
The environmental code, 2000 of Burundi is the national framework for environmental
management in Burundi. It is a fairly comprehensive framework that covers all aspects on the
conservation of the environment and natural resources in Burundi. The law addresses the issue of
EIA among other issues. The laws calls for a participatory approach in environmental management
(Government of Burundi, 2000). Being the principle legislation on the environment, the
environmental code empowers either the minister or the president to make regulations in the form
of ministerial ordinances or presidential decrees respectively (Government of Burundi, 2005). In
article 17 and 18 it empowers the president to establish a coordination unit responsible for
environmental protection and management (Government of Burundi, 2005). Article 30 mandates
the president or minister to come up with regulations for environmental management (Government
of Burundi, 2005).
The environmental code makes EIA mandatory for new public works and land management
activities among others. Article 21 requires projects to be subjected to an EIA in order to address
their environmental impacts (Government of Burundi, 2005). Article 22 of the law states that every
proponent must prepare and submit an EIS to assess the direct and indirect impacts of their project
on the ecological balance and the quality of life of the population and impacts on the environment
in general (Government of Burundi, 2005).
The environmental code requires the EIS to include: an analysis of the initial state of the project
site and its environment; assessment of potential environmental impacts; statement and description
of mitigation measures; presentation of other possible project alternatives and the reason why the
current version was preferred (Government of Burundi, 2000). The conduct of an EIA is the

17. 17
responsibility of the proponent with the relevant ministry playing the oversight role (Government
of Burundi, 2005). It is important to note here that EIA in Burundi is compartmentalized with the
sector under which a project falls taking the oversight role.
The environmental code has been supplemented by an implementing decree 100/22 of October
2010 on the enforcement of the environmental code in relation to the EIA procedure (Government
of Burundi, 2010). It has also been supplemented by the ministerial decision of 9/January/2013
following decree No. 770/083 on scoping in EIA process in Burundi (Government of Burundi,
2013).
Various gaps exist in the legal and policy framework for EIA in Burundi. Firstly, as afore
mentioned the conduct of EIA practice is compartmentalized with the oversight role being done
by the sector under which a proposed project falls. The constitution of Burundi also lacks adequate
provisions for environmental management e.g. the inexistence of provisions for environmental
rights. There is lack of EIA regulations to operationalize the provisions provided for EIA under
the environmental code (Kasimbazi, 2009). There are also no provisions for strategic
environmental assessment in the environmental laws. Most of the articles spelt out in the
environmental code also conflict with preexisting sectoral legislations due to lack of harmonization
(Kasimbazi, 2009)
Kenya
The constitution of Kenya provides for environmental management. Article 42 of the constitution
states that every citizen has the right to a clean and healthy environment (Government of Kenya,
2010). Article 10 and 69 recognize public participation as a principle in environmental
management and calls for the establishment of systems for EIA, environmental audit and
monitoring. The constitution also makes the protection of the environment a responsibility of every
citizen (Government of Kenya, 2010). Article 232 further outlines transparency and provision of
timely information to the public as some of its values and further binds the state agencies at
national and county levels to these values (Government of Kenya, 2010).
The Kenya environmental management and coordination act is the overall legislation on
environment in Kenya. The act in section 4 establishes the national environment management
authority as the principle organ for environmental management in Kenya (Government of Kenya,
2015). In section 58 the act sets out the need for an EIA for all project activities listed in the second
schedule (Government of Kenya, 2015).
The act also provides for the formulation of the environmental impact assessment and audit
regulations to guide the conduct of EIA in Kenya (Government of Kenya, 2015). The provision in
the act for EIA is also recognized in various sectoral laws and policies that also provide for the
conduct of EIA with some of the sectors developing their own EIA guidelines but guided by the
EMCA.
The environmental impact assessment and audit regulations operationalize the provisions of the
EMCA regarding EIA and environmental audits. The regulations provide details regarding the EIA
process, audit, monitoring and also provisions for strategic environmental impact assessment

18. 18
(Government of Kenya, 2003). The regulations also require that where a project is likely to have
impacts of a transboundary nature then the proponent shall in consultation with NEMA ensure that
appropriate measures are put in place to mitigate any adverse impacts taking into account any
treaties and agreements that exist between Kenya and the other affected country (Government of
Kenya, 2003). The fee for EIA is to be borne by a proponent with the cost being 0.05% of the cost
of the project. This fee however must not exceed KShs 1,000,000 nor fall below KShs 10,000
(Government of Kenya, 2003).
East African Community country specific Environmental Impact Assessment and
Environmental Audit institutional frameworks
Uganda
In Uganda, the national environment management authority is charged with the role of overseeing,
coordinating and supervising environmental management. The overall goal of NEMA is to
promote sound environmental management and prudent use of natural resources in Uganda (EIPL,
1999) The authority is established under the national environment act of 1995. NEMA is
responsible for coming up with policies, laws and guidelines for environmental management in
Uganda (EIPL, 1999).
It also enforces environmental law through the department of monitoring and compliance. NEMA
therefore is the oversight authority as far as the conduct of EIA is concerned in Uganda (EIPL,
1999). Various other sectors also help oversee the conduct of EIA within their jurisdiction although
this done under the coordination and oversight of NEMA (Kasimbazi, 2009).
Tanzania
In Tanzania various institutions are involved in environmental management (NBI, 2013). The
directorate of environment under the ministry of environment based in the office of the president
is the core agency for environmental management (Pallangyo, 2007). It is responsible for
formulation of environmental policies and legislations (Mokiwa & Mwamukonda, 2015). The
national environmental advisory committee is also created to advice the minister for environment
on any environmental matters referred to it (EAC, 2014).
Thirdly we have the national environment management council established through the national
environment act, 2004. The council reviews and recommends for approval EIAs and enforces
compliance of the environmental quality standards among other functions (NBI, 2013). It’s a body
corporate entrusted to undertake enforcement, compliance and monitoring of EIA (EAC, 2014).
Under the act we also have the environmental regulatory board which oversees environmental
units at the district and sectoral levels (Pallangyo, 2007). These two are responsible for screening
projects and reviewing reports in EIA process (Pallangyo, 2007).
The Zanzibar environmental management for sustainable development act, 1999 establishes
various institutions for environment management including the revolutionary council on
environment and the department of environment under the ministry In addition to these we have
the commission of the environment and the special advisory committee all under the ministry
(Government of Zanzibar, 1999).

19. 19
Rwanda
In Rwanda the ministry of environment is responsible for the development of policies, laws and
regulations as well coordination of all activities in the management of the environment and natural
resources and their follow up (Government of Rwanda, 2012). The Rwanda environment
management authority established under the organic law on environment, 2005 on the other hand
acts as the implementation organ for environmental projects, policies and laws in Rwanda
(Government of Rwanda, 2012). It is charged with the role of oversight over EIA process in
Rwanda (Kasimbazi, 2009). The Rwanda development board is the body charged with the follow
up of environmental impact assessment studies (Government of Rwanda, 2012).
Burundi
In Burundi the overall responsibility for environmental management and protection lies with the
ministere de l’ amenagement du territoire et de l’ environment (MINATE) (COMEASA, 2013).
The ministry is charged with the role of formulating environmental policy (COMESA, 2013). The
oversight of environmental impact assessment in Burundi lies under the jurisdiction of the
particular sector in which a proposed project lies (COMESA, 2013). The association for
environmental impact assessment (ABEIE) has also been established to enhance EIA practice in
Burundi (Kasimbazi, 2009).
Kenya
In Kenya the national environment management authority is the apex agency for environmental
management and regulation (Government of Kenya, 2014). The authority provides general
supervision and coordination over all matters relating to the environment and is the principal
instrument of the government in the implementation of all policies related to the environment
(Government of Kenya, 2003). Other sectoral agencies also play a role in supporting EIA processes
that fall under their jurisdictions but under the coordination of NEMA (Kasimbazi, 2009).
Challenges facing environmental impact assessment and audit in the East African
Community
The East African community partner states are faced with various challenges in the conduct of
environmental impact assessment and audit. These include the challenge of ensuring effective
monitoring and compliance with set standards (Pallangyo, 2007). Lack of adequate follow up of
EIA leads to reports that are not useful nor strategically significant (Kakonge, 2013).
There is also the challenge of monitoring the many industries that were in place before the current
environmental frameworks came into force. Bringing these industries to comply with
environmental law has been cumbersome due to the issue of cleaning up operations and adopting
new technologies (Kakonge, 2013).
Lack of uniformity in the level of advancement in environmental legislation and divergences in
their provisions is also an issue. The legislations exhibit some divergence as they appear to pursue
national agendas that differ from the regional initiatives. This makes development of harmonized

20. 20
environmental laws and policies on a regional basis a challenge (Kimani, 2010). Weak partnerships
at local, national, regional and international levels are also an obstacle (Kimani, 2010).
Ambiguity in some countries as to which particular authorities are responsible for EIA including
compartmentalization of the processes is another challenge (Kakonge, 2013). This leads to
jurisdictional overlap especially where mandate created by previous laws remain relevant even as
new laws create new agencies to handle them. This can be seen in the case of Tanzania where the
ministry of environment has not devolved the function of environmental management fully to the
national environmental management council (Kimani, 2010).
Judicial enforcement of environmental law is very low with very few cases having been
adjudicated through the courts of law (Mokwa & Mwamukonda, 2015). Most environmental
disputes are resolved through administrative mechanisms (Mokwa & Mwamukonda, 2015).
Fragmentation of environmental enforcement by many pieces of legislation also makes it difficult
to know exactly which institution is responsible for a certain environmental action (Mokwa &
Mwamulonda, 2015).
There is also the problem of lack of transparency and accountability in enforcement of EIA
requirements due to corruption and interference with powerful interested parties and sometimes
government (Sosevele, 2011). This often leads to abuse of power in environmental decision
making (d). In some cases especially in Kenya officials of the coordinating authorities are involved
in writing the EIA reports themselves (Kakonge, 2015). These officials often use existing
templates without engaging in any research hence yielding misleading reports. Such practices kill
the incentive for professionalism in EIA process (Kakonge, 2015). Corruption in EIA process,
both civil and corporate has therefore hindered success of the EIA process (Kakonge, 2013).
There is also a tendency of governance structures in East Africa to assume a top-bottom approach
which frustrates public involvement in environmental management (Government of Rwanda,
n.d.)). Public involvement in EIA process is thus often not taken seriously but is mostly seen as a
way of gaining public consent rather than information sharing. The communities are thus not often
involved throughout the EIA process and project cycle but rather mainly at the scoping stage
(Kahangirwe, 2012).
Various barriers to public participation in EIA also exist. These include: lack of societal respect
for the law, lack of public support for environmental concerns, lack of internal accountability for
compliance and lack of management systems for compliance (Kahangirwe, 2012). Lack of
awareness and understanding by local communities of EIA process and environmental legislation
also hinders meaningful participation.
Public participation is also hindered by inaccessibility to information either in terms of readability
or physical access (Okello et al, 2012). This is also hindered by use of incomprehensible language
and poor enforcement of environmental laws (Okello et al, 2012).
Misconceptions of EIA by developers who see it as an impediment without understanding the
many benefits that come about when projects are subjected to EIA process is also a challenge
(EAC, 2005). This negative perceptions of EIA by developers are usually due to among other

21. 21
things the: fear of change, ignorance towards environmental requirements and how to meet them,
misconceptions of the benefits of EIA among developers, fear of cancellation of proposed projects,
fear that the public might raise difficult questions, the financial burden of compensating affected
communities and perception of EIA as being a waste of project financial resources (Kahangirwe,
2012).
Major gaps in environmental legal and policy frameworks in the East African community partner
states also still exist (Kasimbazi, 2009). Firstly this is due to the fact that most national
constitutions don’t adequately the issue of environmental management and thus EIA. Provisions
for environment, if there, are mainly provided through the preamble meaning they are hardly
litigable (Government of Zanzibar, 2005).
There is also lack of adequate capacity to enforce environmental legislations in terms of personnel,
equipment and financial capacity. The law enforcers often lack enough sufficient capacity in terms
of environmental law, management expertise, equipment and facilitation (Pallangyo, 2007). This
is also due to the fact that the experts and officials involved in EIA process often lack the necessary
practical experience (Kakonge, 2013).
There is often low quality of EIA and audit reports and inconsistency. This means that EIA quality
often varies from project to project (Kakonge, 2013). This is driven in part by lack of adequate
research in the conduct of EIA (Kakonge, 2015). The EIA studies therefore don’t mostly meet the
stipulated international standards (Kakonge, 2015)
There also exists a challenge in poor dissemination of EIA study results to all stakeholders (NEIR,
2015). This poor communication of results therefore makes the conduct of EIA exercise a futile
endeavor (Kakonge, 2013). This challenge could be fueled by poor presentation of EIA results,
language barriers and illiteracy (Kakonge, 2013).
Subjectivism whereby the results of the EIA study are influenced by the interests of one or more
parties involved is another impediment (Kakonge, 2015). Subjectivity kills space for democratic
participation in EIA process. It also leads to a situation where various important aspects and
impacts are overlooked in the EIA process (Kakonge, 2015)
There is also lack of political will to adopt and recognize EIA. This is because it is often seen as
an impediment to political ends in development process (Kakonge, 2015). Inconsistent political
statements especially to appease the electorate also pose a main challenge (Pallangyo, 2007).
Further to this, parliament continues to show little interest in environmental issues a situation
which has resulted in low budgetary allocations being accorded to environmental issues and
agencies (Kakonge, 2015)
EIA in the East African community has mainly been at the project level in individual countries.
Development towards strategic environmental assessment for policies, plans and program has been
slow (EAC, 2005). Development of transboundary environmental impact assessment has also been
slow. Huge gaps continue to exist in terms of legal and policy frameworks provisions for
transboundary and strategic environmental assessments (Kasimbazi, 2009). The exercise of EIA
at the local levels is also majorly poor (Kasimbazi 2009)

22. 22
Conclusion
Given the fact that the East African community partner states are developing and thus causing
changes in their environments. There is need to espouse strategies that will make sure that their
development process is sustainable and does not negatively harm their environment. This calls for
espousal of strategies such as environmental impact assessment and audit processes with an aim
of making sure that environmental considerations are inculcated in development process.
More so based on the fact that the East African states share many ecosystems and thus resources.
There is also need for concerted efforts to ensure harmonization of environmental impact
assessment and audit processes. There is also need to emulate the provisions of international
agreements the states are party to so as to ensure consistency with global trends.
In the backdrop of these realities. The East African states have made great strides towards adoption
of environment impact assessment and audit processes and crafting of relevant legal, policy and
institutional frameworks. There have also been efforts aimed not only at regional integration of
these efforts but also at inculcating related international obligations. However gaps and challenges
still exist towards this end of which need to be addressed. This will make the application and
institutionalization of environmental impact assessment and audit more effective in East Africa.

23. 23
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