Analysis of Nema’s roles, acts or omissions vis-à-vis the standard gauge railway project along Makumbi road
Saronge, Safe Martina
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This study shall investigate whether NEMA, as a state agent was able to adequately ensure sustainable development with regards to the Standard Railway Gauge project. Sustainable development requirement can be said to have been fulfilled if NEMA is found to have adequately stricken a balance between its duties under the Constitution of Kenya, pertaining development and environmental conservation and ensuring the right to a clean and healthy environment is realised in the said project. The former mentioned requirement shall be viewed with regards to the activities by the proponents of the project along Makumbi Road. In attempting to analyse the issue under investigation, a number of related questions emerge: What are NEMA’s obligations under the Constitution of Kenya and under the EMCA? Did NEMA meet its obligations under the Constitution and the Act? What was the impact of NEMA’s acts or omissions thereof on sustainable development in context of the SGR Project? This paper recognises the difficulty states have had of implementing the sustainable development goals as conceptualized in the theory. Nonetheless, the paper acknowledges that this challenge ought not to be an excuse relied on by states for failure to fulfill the right to a clean and healthy environment. For; “It is only through enhancing the human capita that the economic capita can thrive.” ~Amartya Sen.