116-Compensation of environmental easements.
PART X INSPECTION, ANALYSIS AND RECORDS
117-Appointment of Environmental Inspectors.
118-Environmental inspectors power to prosecute.
119-Procedures for laboratory analysis of samples.
120-Certificate for analy
National Council of Non-Governmental
Organizations means the Council established by
No.19 of 1990
section 23 of the Non-Governmental Organizations
Co-ordination Act, 1990;
National Environmental Action Plan means the
Plan referred to in section 37;
The coastal zone
55 (1) The Minister may, by notice in the Gazette, declare
an area to be a protected coastal zone.
(2) As soon as practicable upon the commencement of
this Act, the Authority shall, in consultation with
reparation, restoration, restitution or
compensation as may be determined by a
competent court upon application by such third
(4) The owner or operator of a production or storage
facility, motor vehicle or vessel from which a
discharge occurs con
reports required under this Act shall be conducted
or prepared respectively by individual experts or a
firm of experts authorized in that behalf by the
Authority. The Authority shall maintain a register
of all individual experts or firms of all experts du
f) in collaboration with the Radiation
Protection Board, conduct an ionizing
radiation monitoring programme and advice
on ionizing radiation control and protection
g) maintain records of release of radioactive
contaminants into the en
document kept under the control of
the Radiation Protection Board.
106. (1) A person who imports, processes, mines, exports,
possess, transports, uses, or disposes radioactive
materials or other sources of dangerous ionizing
radiation without a licence is
may within sixty days after the occurrence of the
event against which he is dissatisfied, appeal to the
Tribunal in such a manner as may be prescribed by the
(2) Unless otherwise expressly provided in this Act,
where this Act em
materials in accordance with this Act;
(b) imports any hazardous waste contrary to this
(c ) knowingly mislabels any waste, pesticide,
chemical, toxic substance or radioactive
(d) fails to manage any chemi
or radio-active properties of any part of the
environment by discharging emitting, or
depositing wastes so as to affect any beneficial use
adversely, to cause a condition which is hazardous
or potentially hazardous to public health, safety or
is adjudged bankrupt or enters into a
composition or a scheme of arrangement with
is convicted of any offence and sentenced to
imprisonment for a term of six months or
more without the option of a fine;
is incapacitated by prolo
for the time being to be responsible for the
matters specified in the First Schedule;
c) two representatives of public universities in
Kenya to be appointed by the Minister;
d) two representatives of specialized research
institutions in Kenya to be appoin
a) Identify, prepare and maintain an inventory
of biological diversity of Kenya;
b) Determine which components of biological
diversity are endangered, rare or threatened
c) Identify potential threats to biological diversity
and devise mea
(5) Any person who contravenes any provision of this
section, shall be guilty of an offence.
66 (1) No civil or criminal liability in respect of a project
or consequences resulting from a project shall be
incurred by the Government, the Authority
or any p
(d) a representative of every local authority
whose area of jurisdiction falls wholly or
partly within the district;
(e) four representatives of farmers, women,
youth and pastoralists within the district, to
be appointed by the Minister;
(f) two represent
PART XI - INTERNATIONAL TREATIES, CONVENTIONS
124 (1) Where Kenya is party to an international treaty,
convention or agreement, whether bilateral or
multilateral, concerning the management of the
environment, the Authority shall, subject to
(iv) is otherwise unable or unfit to
discharge his functions.
(4) If a member of the Complaints Committee vacates
office before the expiry of his term, the appointing
authority shall appoint a suitable replacement
(5) Where a member of the Comp
(b) where the disposal and utilization of the
proceeds have been taken into account in an
annual estimate prepared and approved in
accordance with section 22;
(c) by way of sale or otherwise with the approval
of the Minister and the treasury where such
13-Conduct of business and affairs of the Authority.
14-Remuneration of Director General and Directors.
15-Delegation by the Authority.
16-Staff of the Authority.
17-The common seal of the Authority.
18-Protection from personal liability.
recoverable by the authority from the lead Agency.
Conduct of 13 (1)
Subject to this Act, the authority shall regulate it
Business and affairs
Of the Authority
The authority shall pay the Direct
h) An estimate of fresh water resources available
in the coastal zone; and
i) Any other relevant data or information that
may be deemed appropriate.
(5) Any person who releases or causes to be released
into the coastal zone any polluting or hazardous
cannot be traced or has died, his legal
the person for the time being receiving the
rent of the premises whether on his own
account or as an agent or trustee for any other
person or as receiver or who would receive
the rent if
96-Application for registration of existing operations involving pesticides and toxic
97-Registration of pesticides and toxic substances.
98-Offences related to pesticides and toxic substances.
99-Seizure of pesticides and toxic substances.
assessment study, evaluation or review
report may be inspected; and
d) a time limit of not exceeding sixty days for
the submission of oral or written comments
environmental impact assessment study,
evaluation or review report.
(2) The Authority may, on ap
incorporating considerations of
intergenerational and intragenerational
(c ) recommend appropriate legal and fiscal
incentives that may be used to encourage the
business community to incorporate
environmental requirements into their
planning and o
may be renewed for such further periods as may be
prescribed or specified in the license.
(3) Where the Authority rejects an application for the
grant of an emission licence, it shall within twenty
one days of its decision, notify the applicant in
the earth but does not include the atmosphere
within a structure or within any underground space;
analysis means testing or examination of any
matter, substance or process for the purpose of
determining its composition or qualities or its effect
to the foregoing.
4) A person proceeding under subsection (3) of this
section shall have the capacity to bring an action
notwithstanding that such a person cannot show that
the defendants act or omission has caused or is
likely to cause him any personal l
99(1) Any pesticides or toxic substance which the
Authority reasonably suspects to be subject matter
of an offence under this Act shall be liable seizure
by the Authority.
(2) Whenever any pesticides or toxic su
Act, shall apply to the Authority for registration of
such pesticides or toxic substances within one year
after the commencement of this Act.
97 (1) The Authority may, upon application, register a
pesticide or tox