By Dr. Kariuki Muigua, PhD (Leading Environmental Law Scholar, Policy Advisor, Natural Resources Lawyer and Dispute Resolution Expert from Kenya), Winner of Kenya’s ADR Practitioner of the Year 2021, ADR Publisher of the Year 2021 and CIArb (Kenya) Lifetime Achievement Award 2021.*
It has been observed that although environment does not feature in Vision 2030 as a pillar, there has been a wide range of policy, institutional and legislative frameworks by the Government aimed at addressing the major causes of environmental degradation and negative impacts on ecosystems emanating from industrial and economic development programmes. Sustainable Development Goal (SDG) 12 requires countries around the globe to work towards the following:
Goal 12. Ensure sustainable consumption and production patterns
12.1 Implement the 10-Year Framework of Programmes on Sustainable Consumption and Production Patterns, all countries taking action, with developed countries taking the lead, taking into account the development and capabilities of developing countries
12.2 By 2030, achieve the sustainable management and efficient use of natural resources
12.3 By 2030, halve per capita global food waste at the retail and consumer levels and reduce food losses along production and supply chains, including post-harvest losses
12.4 By 2020, achieve the environmentally sound management of chemicals and all wastes throughout their life cycle, in accordance with agreed international frameworks, and significantly reduce their release to air, water and soil in order to minimize their adverse impacts on human health and the environment
12.5 By 2030, substantially reduce waste generation through prevention, reduction, recycling and reuse 12.6 Encourage companies, especially large and transnational companies, to adopt sustainable practices and to integrate sustainability information into their reporting cycle
12.7 Promote public procurement practices that are sustainable, in accordance with national policies and priorities
12.8 By 2030, ensure that people everywhere have the relevant information and awareness for sustainable development and lifestyles in harmony with nature
12.a Support developing countries to strengthen their scientific and technological capacity to move towards more sustainable patterns of consumption and production
12.b Develop and implement tools to monitor sustainable development impacts for sustainable tourism that creates jobs and promotes local culture and products
12.c Rationalize inefficient fossil-fuel subsidies that encourage wasteful consumption by removing market distortions, in accordance with national circumstances, including by restructuring taxation and phasing out those harmful subsidies, where they exist, to reflect their environmental impacts, taking fully into account the specific needs and conditions of developing countries and minimizing the possible adverse impacts on their development in a manner that protects the poor and the affected communities.
Banking on these SDG obligations, Kenya can take up and implement a number of measures that can inch it closer to achieving sustainable consumption and production patterns.
Tackling Food Wastage at Consumer and Production Levels
There is a need to address the challenge of food wastage and loss during harvesting, transportation, storage as well as at the consumption stage in order to ensure that there is enough for local consumption as well as possible sale of the excess as a way of improving the livelihoods of farmers.24 Locally produced food and other potential income earners natural resources could undergo local value addition and be exported either within African region markets or out of Africa. This would have a positive effect on the economic wellbeing of all persons starting from the grassroots levels.
Pollution Prevention and Control
There is a need for stakeholders to identify opportunities and explore the same in order to reduce the production of wastes and the use of toxic materials, to prevent soil, water, and air pollution and to conserve and reuse resources. The Constitution of Kenya guarantees the right of every person to a clean and healthy environment including the right to have the environment protected for the benefit of present and future generations through legislative and other measures, particularly those contemplated in Article 69. Pollution may be as a result of, inter alia, waste by-products emanating from industrialization of our society, the introduction of motorized vehicles, and the explosion of the human population, leading to an exponential growth in the production of goods and services. Combating pollution in all its forms is thus critical if the sustainable development agenda is to be achieved and this calls for concerted efforts from all stakeholders including state organs, private sector and individuals.
Agricultural Diversification and Diversification of Livelihood Sources in Kenya
Agricultural diversification is considered to be an important mechanism for economic growth. Agricultural diversification can be facilitated by technological breaks-through, by changes in consumer demand or in government policy or in trade arrangements, and by development of irrigation, roads, and other infrastructures. It has been argued that the policy frameworks of government for rural infrastructure transport, irrigation, storage facilities, processing, and providing incentives to the farmers encourages agricultural diversification. A research targeting Southern Nakuru County on ‘Sustainable food systems through diversification and indigenous vegetables’ found that one way to improve sustainability of the local food system is diversification, starting with better integrating indigenous vegetables, into the food system. Overreliance on certain foods in the country such as maize and so the staple grains often leads to communities overexploiting their lands through farming. There is a need for continued campaigns for communities to change their attitudes towards other sources of food and embracing the same.
The overreliance on certain foods is also what leads to excessive use of agrochemicals leading to environmental degradation. Thus, diversification of food sources and agricultural diversification may not only ensure that there is food security but also help in environmental conservation and restoration. It is not only important to promote agricultural diversification but also livelihood diversification, where the latter means farming households engaging in multiple agricultural and nonagricultural activities. Both agricultural and livelihood diversification are ways of managing climate risk. In addition, agricultural diversification can address poverty levels by increasing and stabilizing farmers’ incomes and rural employment. While some authors have conflicting opinion on the full effect of agrochemicals on the environment, there is a need for farmers to turn towards compost manure and treat their soils in attempts to reduce agrochemicals inputs for the sake of healthy environment and sustainability purposes.
*This article is an extract from the Article “Promoting Sustainable Consumption and Production Patterns in Kenya for Development” by Dr. Kariuki Muigua, PhD, Kenya’s ADR Practitioner of the Year 2021 (Nairobi Legal Awards), ADR Publisher of the Year 2021 and ADR Lifetime Achievement Award 2021 (CIArb Kenya). Dr. Kariuki Muigua is a foremost Environmental Law and Natural Resources Lawyer and Scholar, Sustainable Development Advocate and Conflict Management Expert in Kenya. Dr. Kariuki Muigua is a Senior Lecturer of Environmental Law and Dispute resolution at the University of Nairobi School of Law and The Center for Advanced Studies in Environmental Law and Policy (CASELAP). He has published numerous books and articles on Environmental Law, Environmental Justice Conflict Management, Alternative Dispute Resolution and Sustainable Development. Dr. Muigua is also a Chartered Arbitrator, an Accredited Mediator, the Africa Trustee of the Chartered Institute of Arbitrators and the Managing Partner of Kariuki Muigua & Co. Advocates. Dr. Muigua is recognized among the top 5 leading lawyers and dispute resolution experts in Kenya by the Chambers Global Guide 2022.
References
Muigua, K., “Promoting Sustainable Consumption and Production Patterns in Kenya for Development,” Available at: http://kmco.co.ke/wp-content/uploads/2020/11/Promoting-Sustainable-Consumption-and-Production-Patterns-in-Kenya-for-Development-Kariuki-Muigua-Ph.D.pdf (accessed 15 May 2022).