BATUK given seven days to allow NEMA conduct assessment

British Army Training Unit in Kenya soldiers during a thanksgiving service for Queen Elizabeth Windsor II conducted by Reverend Anthony Thompson in Nanyuki, September 19, 2022. [Mose Sammy, Standard]

The British Army Training Unit in Kenya (BATUK) has been given seven days to allow NEMA inspection officers full access to its training facilities to conduct an environmental impact assessment.

Environment Cabinet Secretary Aden Duale said the move is in line with a restoration order contained in an environment protection agreement signed between Kenya and the United Kingdom.

Speaking when he appeared before the National  Assembly's Departmental Committee on Defense, Intelligence and Foreign Relations, Duale said under his leadership, he will ensure BATUK complies with the directive.

Duale told the Belgut MP Nelson Koech chaired committee that the restoration order requires BATUK to provide a record of all notifications of environmental incidents from the past five years, including their causes and the corrective actions undertaken within seven days.

“Mr Chairman I can assure this committee that through NEMA, my leadership will ensure BATUK has complied with the directives. They have seven days and after three weeks we shall appear before this committee to give a status update,” said Duale.

The Restoration Order seen by The Standard further states that the host Nation and the Visiting Forces shall ensure the protection, preservation and restoration of the environment comprising the Training Areas, Service Establishments and Installations.

In the order, BATUK is required to avoid acts that negatively impact human health and safety, property, flora and fauna and should at all material times, comply with Kenya’s directions, regulations and laws preserving the environment, Service Establishments and installations.

With regards to the inspection of training areas, the order states that BATUK must refrain from such as that will prejudice Kenya’s laws and obligations under international law concerning the preservation of the environment.

The order further indicates Kenya’s relevant authorities, in this case NEMA, shall regularly inspect the training areas under use by BATUK to verify compliance.

Environment Cabinet Secretary Aden Duale when he appeared before the National Assembly’s Departmental Committee on Defence, Intelligence and Foreign Relations on October 1, 2024. [Courtesy, Ministry]

“Disposal of waste shall be by international law and the host Nation's laws on waste management. The host Nation relevant authorities shall be entitled to verily that measures have been put in place to protect the environment in line with its relevant laws,” read part of the order.

In case BATUK does not honour its obligations, the order directs that Kenya reports any concerns to the Inter-Governmental Liaison Committee.

Accompanied by NEMA’s Director General Mamo B. Mamo and the Ministry's Head of Legal Affairs Ms Annie Syombua, Duale appeared before the committee to answer questions on whether the authority had carried out any environmental assessment on activities conducted by BATUK in Samburu and Laikipia.

Duale said although BATUK as project proponent presented the Environmental Audit Report to NEMA in 2021 for their proposed Laikipia Airbase Development projects which is the current BATUK Nyati Barracks, records show that BATUK did not carry out any Environmental and Social Impact Assessment for their training grounds/areas.

“Having personally perused the ELA report and finding out that BATUK is not compliant with environmental regulation, I have directed NEMA to take immediate appropriate enforcement action on BATUK to ensure Environmental sustainability in Samburu and Laikipia Training grounds,” said Duale.

With regards to whether BATUK is compliant with regulations on the use of explosives and land degradation, Duale said currently NEMA does not have a regulation on the use of explosives.

 He said draft chemical regulations are at an advanced stage at the Attorney General's office and once passed, will play a key role in regulating movement, manufacturing and management of chemicals including explosives.

“For BATUK, issues of storage, use of explosives and handling of ballistic materials are controlled by Kenya Defense Forces Technicians. NEMA cannot monitor the use of explosives by BATUK given that the areas have restricted access,” he said.

To reduce habitat loss, Daule said BATUK should be located in new semi-permanent/permanent infrastructure away from ecologically sensitive and vulnerable areas.

If possible, the CS said BATUK should locate trucks, structures and camps on degraded sites such as old livestock bomas.

BATUK should undertake a mapping exercise to establish where sensitive species with rich habitats are present and compare with the typical training footprint in an area with baseline data being used to establish if negative impacts are being caused and if targeted mitigation is required,” Duale said.