KENYA Law and Practice Contributed by: Anne Kinyanjui and Bonface Abuya, DLA Piper Africa, Kenya (IKM Advocates)
comments. The state agencies may object to the issuance of the development permit if the development does not comply with the law. The county government also publishes a notice in the Kenya Gazette and newspapers circulated nationwide, inviting public participation in the proposed development. After considering the comments by the state agencies and the gen - eral public, the county government may reject the application or issue the development permit. In addition, the following approvals are required, among others: • The developer must conduct an environment impact assessment (EIA) of the project and apply to NEMA for an EIA licence. NEMA is required to consult with the relevant state agencies and allow for public participation before the EIA licence is issued. • The project must be registered with the NCA. • LCB consent is required if the land is agricul - tural. Public participation is not required for this. • A Water Resources Authority permit is required if a borehole is to be drilled. • The consent of the Kenya Railway Authority is required if the development is adjacent to a railway line. • The consent of the Kenya Forest Service is required if the development may affect con - servation areas or wildlife. • The consent of the Kenya Civil Aviation Authority is required if the development may
further appeal against the decision of a County Liaison Committee to the National Liaison Com - mittee. Thereafter, an appeal against a decision of the National Liaison Committee may be made to the ELC. If NEMA declines to grant the EIA licence or revokes it, the developer may appeal such deci - sion at the National Environment Tribunal (NET) within 60 days. A further appeal may be made to the ELC against the decision of the NET. If the LCB declines to consent to the develop - ment of agricultural land, the developer may appeal to the Provincial Land Control Appeals Board within 30 days of the decision being deliv - ered. A further appeal may be made to the Cen - tral Land Control Appeals Board. If the developer is not successful, they can consider effecting a change of use of the land to avoid the need to obtain the LCB consent for the development. If the NCA declines to register a construc - tion project, the developer may appeal to the Appeals Board established under the NCA Act. 4.6 Agreements With Local or Governmental Authorities Development agreements may be concluded with county or national government authorities in compliance with the law to facilitate large pro - jects. Development agreements may be aimed at facilitating the issuance of statutory approvals, the development of infrastructure, local content requirements and the provision of social ameni - ties, among others. Agreements may also be entered into with util - ity providers, such as Kenya Power and Light - ing Company, to facilitate utility provision on the development.
affect the airspace in any manner. 4.5 Right of Appeal Against an Authority’s Decision
A developer may appeal a county government’s decision not to grant development permission before the National or County Liaison Commit - tee (as applicable). The developer may lodge a
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