KENYA: REINSTATEMENT OF ENVIRONMENTAL IMPACT ASSESSMENT AND RELATED FEES

The environmental impact assessment (EIA) license fees, which were waived by executive order in 2017, have now been reinstated.

The National Environmental Management Authority (NEMA) was directed to cease levying EIA license fees in 2017 to facilitate the ease of doing business, but we understand that Cabinet recently passed a resolution reversing this directive.

NEMA has issued a public notice confirming that the following fees will now be levied with effect from 1 June 2022;

1. EIA License fee Surrender, transfer or variation of EIA license	0.1% of the total cost of the project subject to a minimum of KES 10,000 (approx. USD 85.60) with no cap KES 5,000 (approx. USD 42.80)
2. SEA Processing and monitoring of SEA reports	KES 1,000,000 (approx. USD 8,558)
3. Environmental impact assessment experts registration and licensing fees

The reinstatement of the EIA license fee will have a significant impact on the cost of construction and infrastructure projects in Kenya. Property developers and other actors in the construction industry have urged the government to reconsider its decision to reinstate the license fees to alleviate the cost of doing business.