Wetland laws full of contradictions

A resident wades through floodwaters in Nyando on December 12 last year
A resident wades through floodwaters in Nyando on December 12 last year
Image: FAITH MATETE

The Ramsar Convention has adopted a Ramsar Classification of Wetland Types. It includes 42 types, grouped into three categories: Marine and coastal wetlands, inland wetlands and human-made wetlands.

Wetlands are cradles of biological diversity, providing the water and primary productivity upon which countless species of plants and animals depend for survival.

They support high concentrations of birds, mammals, reptiles, amphibians, fish and invertebrate species.

Wetlands are also important storehouses of plant genetic material. Rice, for example, which is a common wetland plant, is the staple diet of more than half of humanity.

Global freshwater consumption rose sixfold between 1900 and 1995 — more than double the rate of population growth. One third of the world’s population today lives in countries already experiencing moderate to high water stress.

 

By 2025, two out of every three people on Earth may well face life in water-stressed conditions.

In addition, wetlands have special attributes as part of the cultural heritage of humanity: they are related to religious and cosmological beliefs, constitute a source of aesthetic inspiration, provide wildlife sanctuaries, and form the basis of important local traditions.

However, wetlands in Kenya continue to face major threats.

 

WANTON DESTRUCTION

In April last year, MPs blamed contradictory laws for the wanton destruction of wetlands.

They said the mandate of the National Environment Management Authority was overstretched, making it easy for private developers to circumvent the law.

The National Assembly Committee on Environment and Natural Resources said food and water security have been threatened by encroachment of wetlands.

"We're sitting on a time-bomb. Something must be done," Kasipul Kabondo MP Charles Were said.

There are several laws seeking to protect wetlands and riparian lands.

These include the Water Act 2002, Water Resource Management Act 2007, and Environment Management and Coordination Regulations Act 2006.

There are, however, contradictions. For instance, the latter puts the recommended riparian distance at a minimum of 6m and a maximum of 30m from the highest water mark.

The Agriculture Act puts it at a minimum of 2m. On the other hand, Survey Act 1989 recommends 30m from tidal rivers but does not mention other rivers.

For other rivers, the development plan recommends a minimum of 10m and maximum of 50m.

A number of buildings on riparian lands have recently collapsed, killing and injuring scores.

In 2016, the government formed a multi-agency team to check on the encroachment on riparian reserves. The team has audited 4,901 buildings countrywide.

Already developed are draft wetlands regulations banning human activities within 30m of river and lake shores and 60m from the Indian Ocean shore.

The Environmental Management and Co-ordination (Conservation and Management of Wetlands) Amendment Regulations 2018 are set to be reviewed.

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