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.
This paper discusses the less publicised but far from less significant, an issue of how the international community’s approach to maritime boundary delimitation will be impacted by climate change resulting in sea level rise with coastal lands submerging affecting the international boundaries and impacting on biodiversity and human survival in the future. The climate change effect is already creating pressure on international law regardless of the direction that the law of the sea takes in remedying this dilemma. It is quite apparent that global disputes and conflicts are arising and solutions are needed urgently. The climate change and the consequent global sea level rise are widely touted to submerge islands and coastlines without discrimination. The international community has been relatively slow to react to what could pose an unprecedented threat to human civilisation. The policies that have been applied have arguably been reactive and not proactive. In future climate change may develop other by-products which may not be understood at this moment and may require a proactive approach. Further discussion of the merits of the potential paths is ideal in ensuring that appropriate and well thought-out resolutions are negotiated. Regardless of the outcome, the thorough debate is required to ensure the correct decision is made and that the balancing act between fulfilling states' interests and achieving a meaningful result does not become detrimental to the solidity and the enforceability of the outcome. There is a need to establish a comprehensive framework for ocean governance for management and long-term development and sustainability.
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