10. La propuesta: Una perspectiva sobre el concepto de creatividad
10.2. Espacio Educativo a proponer
5.1.1.1 Environmental Management and Coordination Act (EMCA) No. 8 of 1999 The different stages of waste management interrogated under EMCA include:
a.
Segregation and Reduction of waste at Production/Consumption Levels
EMCA was established to provide for appropriate legal and institutional framework for management of the environment and for matters ‘connected therewith and incidental thereto’ (UNEP, 2010). Sec 87 of the Act prohibits the unsafe handling and disposal of wastes which, as is stipulated in section 87(4), every person whose activities generate wastes shall employ measures essential to minimize wastes through practices such as waste treatment, reclamation and recycling. Under Sub- Sec (5) of Sec 87, any person who contravenes this provision shall be guilty of an offence and liable to imprisonment for a term of not more than two years or to a fine of not more than one million shillings or both.The Act therefore provides for waste reduction and advocates for other solid waste management methods including recycling and treatment. However, since the Act is not clear on how waste segregation of the solid wastes should be conducted, this has been left as an implied task which carries with it several challenges.
During the field visit to Moi Air Base, the study found that soldiers and their families were being encouraged to practice waste segregation at the household level. The categorization was however not according to components but rather, dry solid waste and wet solid waste. The reason for this being the need to have dry waste for incineration while the rest ends up in dug up pits and as fertilizer for tree planting areas.
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Plate 1: MAB incinerator with plate on the right taken during field interview with caretaker
Plate 2: Shed with racks used for waste separation and drying of MSW
In most of the other units sampled, a majority do not practice waste segregation of any form, waste is either burnt ‘back-yard burning’, or thrown out in plastic bags into open dumps or collection points for onward transmission to the dump sites.
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Figure 8: Extent of waste separation at household levelPlate 3: Backyard burning in Embakassi Garrison
b. Storage, Collection, Transportation and Transfer Stations
EMCA provides under Sec 87(2), para (a) and (b) that ‘no person shall transport any waste other than in accordance with; a valid license to transport waste issued by the Authority; and to a waste disposal site established in accordance with a license issued by the Authority. Also, pursuant to Sec 90 of the Act, NEMA may apply through a court of law for orders to compel any person to immediately stop the
0% 20% 40% 60% 80% 100% 120%
Langata Kahawa Embakassi DOD MAB
Househ old sep era tion Unit/Base
Waste Separation at Home
YES NO
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generation, handing, transportation, storage or disposal or waste that presents an imminent and substantial danger to the environment, public health and safety or natural resources.
Sec 87(1) prohibits any person from discharging or disposing of any wastes, whether generated within or outside Kenya, in such a manner as to cause pollution to the environment or ill health to any person. Field visit indicated a possible flouting of this law in most of the camps. The various dumpsites within the units are not designated by NEMA and pauses significant danger to the population around them. Data from both questionnaires and observations indicate that in Langata barracks for example, the designated dumpsite is located on the flight path of aeroplanes destined for Wilson Airport. This presents a potential danger on planes from bird strikes from the scavenging birds that visit the dumpsite for food. Already Wilson Airport Management has written a letter to the Commanding Officer Langata Barracks requesting that this problem be addressed.
Plate 4: Location of Langata Barracks dumpsite in Wilson Airport flight path
Wilson airport runway
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Plate 5: Scattered open dumpsites within Embakassi Garrison with scavengers
Plate 6: Position of Embakassi Garrison adjacent to the JKIA flight path
The same problem exists in Moi Airbase, even though the use of the incinerator has greatly reduced the amount of waste that end up in the landfills, the role of the base as a military aircraft hub should discourage the presence of any landfills nearby.
Langata barracks is also unique in that it is located next to the Nairobi National Park. The presence of the open dump therefore causes wild animals to move into the camp in search of food. This increases chances of human wildlife conflicts which pose a danger to both human lives and that of wildlife. Reports from interviews and observations indicate encounters with wild animals ranging from wild boars, warthogs, and other grazers to carnivores including lions, leopards and hyenas.
Embakassi Garrison
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Plate 7: Vervet Monkeys along a road adjacent to Langata Barracks Primary school
The dump site is also located close to a stream which feeds the Hyena reservoir and forms part of the many tributaries to river Galana. This presence of solid wastes within the streams proximity is slowly beginning to choke the water flow through the dumping of solid wastes by wind, wild animals and human activities.
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Plate 9: Proximity of dumpsite to the stream which feeds the Hyena Reservoir inside Nairobi National Park
Para (2) (a) of the same Section stipulates that no person shall transport any waste other than-
‘in accordance with a valid license to transport wasters issued by the Authority; No person shall pursuant to section 7(1), be granted a license under the Act to transport waste unless such person operates a transportation vehicle approved by the Authority upon recommendation.
(3) The vehicles for transportation and other means of conveyance of waste shall follow the scheduled routes approved by the Authority from the point of collection to the disposal site.
(4) he or his agent(s) possess at all times during transportation of the waste, dully filled tracking document as set out in Form III of the First Schedule to these regulations and shall produce the same on demand to any law enforcing officer.
During the field visits, only DOD had contracted a waste collection company that used a lorry to convey waste from the collection point. Others had intermittent contractors while others did not have any and are left to sort out SWM through their own initiatives. The DOD lorry does not carry the tracking documents as required by law and on further enquiry, the contractor used by Embakassi Garrison doesn’t either and both have not been asked to produce these documents by respective quarter masters who are largely in charge of waste collection.
Lan’gata barracks dumpsite
Lan’gata stream
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Another challenge is also in the number of inspectors in the field; as at the time of conducting the study, none of the military installations had ever been visited by NEMA inspectors especially on matters of waste management either to offer technical expertise or for inspection. This therefore makes the inspection process inefficient.
c. Treatment and landfills
EMCA under Sec 87(5) emphasizes the need to treat waste generated, the Act provides that every person whose activities generate wastes shall employ measures essential to minimize wastes through treatment, reclamation and recycling. There are several other provisions governing the disposal of solid waste. These include:
Sec 86(2) stipulates the standards for waste disposal and states that the Standards and Enforcement Review Committee established under Sec 70 shall, in consultation with the relevant lead agencies, recommend to the Authority measures necessary to; prescribe standards for waste, their classification and analysis, and formulate and advise on standards of disposal methods and means for such wastes. However, the field visit revealed that none of these standards are adhered to in spite of these being clearly stipulated in the Act. For example, Sec 87 prohibits dangerous handling and disposal of wastes as has already been discussed; the provisions of Subsections (1) and (3) are not fully complied with as was evidenced from observations made from uncontrolled disposal of wastes and illegal dumping on restricted places such as road sides as shown in this photo taken from Kahawa and Langata barracks.
Plate 9: Illegal roadside dump inside Langata barracks
Sec 87(6) of the Acts outlines the measures to be taken against anyone who breaches these provisions. It observes that any person who contravenes any provisions of this section shall be guilty of an offence and liable to imprisonment o a fine or to both.
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The challenge here is that it is difficult to quantify the offence with respect to the KDF. Field inspectors would also face the challenge of getting security clearance to gain entry into the bases as is required by EMCA under Sec 137(a) in order to conduct the inspection on the facilities. In spite of Sec 88(1) requiring a written application to the Authority for the grant of an appropriate license, which according to Subsection (2) may only be granted subject to payment of the appropriate fee, the study established that all the dumpsites in the camps visited did not have a NEMA license in accordance with the requirements. However, the MAB incinerator which was inaugurated in October 2006 was found to have involved NEMA in this initiative with the then Pumwani District NEMA Officer, Mr.Watoro commending the Air Force for taking the initiative. During an interview with the Chief of Research and Development, he indicated plans were underway to tap the heat energy from the incinerator and utilise it in heating water in boilers for use in other areas.
Plate 10: Successive photos showing rapid growth of the dumpsite in Langata Barracks since 2009 Dump site: 2009 Satellite Photo
Showing no waste on site
Dump site: 2012 Satellite Photo
Showing the emergence of dumpsite
Dump site: 2014 Sattelite photo
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Plate 11: Former Base Commander Brig. Thuita during the official opening of the MAB incinerator Right: Interview with the incinerator caretaker during field visit to MAB
f. Hazardous Wastes
EMCA tackles the challenges of hazardous wastes in several ways; it contains all the essential legislative elements and a clear statement of purpose which details provisions for regulation of hazardous wastes along the requirements of the 1989 Basel Convention. To collaborate with other Governments in addressing these problems, EMCA contains provisions on steps to be undertaken to implement the Government’s commitments in international agreements. In particular, Sec 124 provides that:
“Where Kenya is a party to an international treaty, convention or agreement, whether bilateral or multi- lateral, concerning the management of the environment, the Authority shall, subject to the direction and control of the council; in consultation with lead agencies:
(a) initiate legislative proposals for consideration by the Attorney General, for purposes of giving effect to such treaty, convention or agreement in Kenya or for enabling Kenta to perform her obligations, or exercise her rights under such treaty, convention or agreement; and
(b) Identify other appropriate measures necessary for the national implementation of such treaty, convention or agreement.”
This Section is important when dealing with hazardous wastes in the category of military munitions and unexploded ordinances (UXOs). EMCA in itself goes as far as classifying explosive wastes as part of hazardous waste but does not provide details on how these wastes particularly the UXOs should be handled.
Under Sec 91(1), the Act stipulates that the Standards and Enforcement Review Committee shall, in consultation with the relevant lead agencies, recommend to the Authority standard criteria for the classification of hazardous wastes with regard to determining:
(a) hazardous waste (b) corrosive waste
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(c) carcinogenic waste(d) flammable waste; (e) persistent waste; (f) toxic waste; (g) explosive waste; (h) radioactive waste;
(i) wastes, reactive otherwise than as described in the forgoing paragraphs of this subsection;
(j) any other category of waste the Authority may consider necessary.
Sec (2) states that the Authority shall, on the recommendation of the Standards and Enforcement Review Committee issue guidelines and regulations for the management ofeach category of hazardous wastes determined under subsection (1).
Sec 36 of the Act requires for an EIA from bio-medical waste generator while Sec 37 states the approval of biomedical waste generating facility by a lead agency and the authority. It stipulates the ‘Segregation of biomedical waste at the point of generation and at all points and securing and packaging of biomedical waste according to the set standards in part 1’. The major Military Medical facility the Memorial Hospital is currently undertaking steps to obtain ISO certification and has complied with most of the requirements of the Act.
From interviews with unit commanders and from observation made during the field visit to Ngong military training area, it was clear that the KDF takes the handling of live munitions, unexploded and expired ordinances seriously. Every training session that involves the use of live ammunition is preceded with a deliberate instructional session which in most circumstances involves mock drills for safety purposes.
Prior to KDF officers embarking on the use of live ammunitions, several other safety measures are undertaken. These include; designation of boundaries and arcs of fire by commanders and instructors alike to ensure that no fratricide occurs; instructors also conduct a pre-exercise range clearance exercise by sending out patrols to ensure that no human or livestock is within the danger area of the exercise; the boundaries of the exercise area are then marked with red flags and sentries posted at the various points to ensure nobody strays into the live firing area. These rules are contained in the live firing safety manual available in every military training school.
Local administration is also involved during exercises, for example the area chiefs and county representatives are requested through written letters and follow up face to face meetings of the
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impending exercise and their duration. This is intended to facilitate them to inform constituents under their jurisdiction to keep away from these military areas.
Plate 12: Red flag marker and warning board to keep off trespassers during live firing at the Ngon’g shooting range, Olemaroroi
When using mortar rounds and other high explosive shells, the ‘readings’ of the targets are recorded for purposes of making adjustments to the aim and for tracing ‘blinds’. These are explosive munitions which fail to explode on impact or as intended due to a malfunction of the system or as lack of a hard enough surface for setting off the fuse.
After a field exercise, before final briefings, it is part of training regulations that all the blinds are traced and detonated in-situ. These are only left if the area onto which they have fallen is inaccessible and within the gazetted training area. In the shooting range, spent cartridges are collected by the troops after the exercise and these are returned to the Kenya Ordinance Factory Corp to be recycled. Local people however venture into the training area to also collect these spent cartridges which they then sell to scrap metal dealers to make a quick shilling.
During the field visit to Ngong military shooting range and its environs, the study established that residents lived in fear especially of their children losing their lives to unexploded ordinances. This is majorly as a result of the 2011 UXO blast incident which killed 4 young boys and seriously hurt another at Ole Maroroi Village approximately 25 kilometres north of Ngong town.
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Plate 13: Ngong training area shooting range bullet arrest, worn out by bullets and weather elements
Plate 14: Soldiers during a shooting target practice at the Ngong training area
Shooting range bullet arrest: Sand bank worn out
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According to the area residents, the two boys were herding cattle when they came across the curious object and began playing with it. After the explosion, the tail fin and propellants that were found helped to identify the object as an unexploded ordinance from a 60mm mortar bomb. The incidence occurred approximately 5Km from the military shooting range. This is one among the many examples of narrations given by residents of the suffering they undergo due to this category of hazardous wastes from military activities.
Plate 15: Homestead of one of the affected families by UXOs
A file photograph of one of the victims, young Panai Mohamed, who survived showing the impact of the blast, is shown below.
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Source: File photoStandard Newspaper
Upon further inquiry, one military ammo technician indicated that most of the UXOs being discovered are from the colonial and early post colonial era when British troops used Ngong area for military exercises. The shooting range has been in Ngong since the early 60’s according to area residents. Back then according to military bomb expert, Ngong was largely uninhabited and so the military could safely conduct their exercises in the expansive lands.
Plate 16: UXO blast site with the area Chief and below is a mass grave for the four children killed in the blast.
Following the incidences the KDF launched operation KingaMaisha in the same year which covered all training areas. This was aimed at clearing military training areas of UXOs and raising awareness among
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local populations on the need to avoid unidentified potential hazardous explosive wastes in a bid to enhance environmental safety for both personnel and civilian populations.
Plate 17: Engineers Brigade Commander Brig. George Owino during the awareness campaign of Operation KingaMaisha at Ole MaroroiNgong
Source: File Photo, KDF Public Affairs
Plate 18: Captain A Angiela and Corporal Chepkirui during an educational session on the Do’s and Don’ts of UXOs at the PCEA Girls Secondary School
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The study also established the following during the field visits; that the recent increase in incidences of deaths and injuries arising from UXO blasts and close interactions with military training areas was as a result of the rapid increase in population according to primary data from KNBS, Census Reports Vol.1 1948-1999 and Vol. 1B, 2009 which projected population growth at 3.0% between the years 1999-2009 when the next census was conducted. This found the population of Ngong to be 107,188, almost double what it was in 1979-1989 censuses and that of Marurui Village was placed at approximately 12,000 of the whole.
Lack of zoning and town planning as shown in the field photographs and satellite images, desperation for land by the Kenyan homeless, Unscrupulous local authorities, real estate speculators and grinding poverty all conspire towards outcomes such as the Ole Marurui incident.
Figure 9: Nature of land ownership in Ngon’g