Integrating Sustainability in Governance and Legal Framework for a Sustainable Builtscape in Kenya: Towards a Global Approach

In the backdrop of the Bonn Conference in November 2017 and as a signatory to the United Nations Framework Convention on Climate Change (UNFCCC), Kenya has made laudable advances in the promotion of sustainability through its... [ view full abstract ]

In the backdrop of the Bonn Conference in November 2017 and as a signatory to the United Nations Framework Convention on Climate Change (UNFCCC), Kenya has made laudable advances in the promotion of sustainability through its government policies and private sector initiatives. In line with its pledge towards sustainable development, in July 2017, the Kenyan Ministry of Environment launched the Green Economy Strategy Implementation Plan (GESIP) 2016-2030 which demonstrates a collective effort by Government Ministries, departments and agencies towards the advancement of the sustainability message. The construction industry is responsible for one third of Green House Gas (GHG) emissions (UNEP, 2011). This oversized carbon footprint is attributed to the industry’s large materials’ appetite of which is evidenced in the Kenyan construction industry. The transition to a green economy and integrating sustainability in sector activities requires not only more dedicated expenditures for sustainability actions, but also a qualitative shift across government to a consolidated enabling legal framework, so that sustainability interventions are aligned and supported with national policies, plans and priorities. Under this GESIP Plan, the indicator for the construction industry is the sustainable design, construction and maintenance of buildings. Its strategies to achieve the same are through “capacity building of professionals in the industry on integrated green technologies, development and implementation of certification standards in the industry and ensuring 75% of new and renovated public and private buildings are green.” Although the Plan recognizes that currently, the economy suffers from inadequate compliance and weak enforcement of laws and regulations across sectors that restrain Kenya’s transition to a sustainable economy, it does not highlight tangible solutions to counter the same;

The aim of this paper is to;

1. To evaluate the adequacy of Kenya’s subsidiary legislation to support a transition towards enforceable sustainable construction regulations.
2. To provide an international comparison of the United Kingdom legislation in its implementation of legal principles of sustainability against the Kenyan model.
3. To make policy recommendations and tangible solutions to a robust legal framework that addresses a holistic overview of sustainability in the Kenyan construction industry.

In review, the paper champions the use and development of subsidiary legislation under existing laws in Kenya to enforce and promote provisions of sustainability in the construction industry towards meeting the GESIP Plan targets by 2030 and its global obligations to the UNFCCC Paris Agreement and United Nations Sustainable Development Goals.

Key words: Kenya, Sustainability, Construction, subsidiary legislation