Promotion of Efficacy in the Regulation of Noise Pollution in Kenya through Devolution and Public Participation

Abstract

This research article examines the promotion of efficacy in the regulation of noise pollution in Kenya through devolution and public participation. The prevention of noise pollution has been recognised as a component of a clean and healthy environment. In many countries, Kenya included, comparatively little attention is paid to noise pollution, despite its importance in the urban and industrial scene.  For example, although the provisions of sections 115 and 175 of the Public Health Act and the Penal Code respectively, prohibit and criminalise public nuisance, their enforcement is outside the competence of the individual. Rarely does one hear of a court action by public health or other officers yet pollution continue to occur.  It appears that there has been total apathy by the officers concerned with the enforcement and the community affected by the nuisance. Lack of efficacy in the implementation and enforcement of the Regulations is a major reason for the existence of noise pollution in Kenya. Among the challenges faced is the lack of resources in terms of logistics to create awareness with regards to the problems associated with noise pollution. The Kenyan public are yet to appreciate and understand that noise is an unnecessary evil in the society. As the level of noise pollution rises every day at an alarming rate a serious problem is looming to the members of the public and the country in terms of the health issues, communication troubles, general nuisance, and its corresponding effects on wildlife. There is a limited research field study and gaps in this area regarding noise pollution control and how to enhance its efficacy in Kenya. New strategies, beyond the simple command and control instruments currently in place at the national level, shall help in changing behaviours in ways that shall be beneficial to the society as a whole. This paper tends to look at how the various tiers of national and county governments have embraced these principles in the promotion of efficacy in the environmental governance in Kenya, especially in noise pollution control.