Section 5 of The Environmental Management and Coordination Act CAP 387: Functions of the Cabinet Secretary

(1) There is established an Authority to be known as the National Environment Management Authority. (2) The Authority shall be a body corporate with perpetual succession and a common seal and shall,...

The headquarters of the Authority shall be in Nairobi but the Authority shall ensure its services are accessible in all parts of the Republic.

(1) The object and purpose for which the Authority is established is to exercise general supervision and co-ordination over all matters relating to the environment and to be the principal instrument...

(1) The Authority shall be managed by a Board, which shall consist of— (a) a Chairperson appointed by the President; (b) the Principal Secretary of the Ministry for the time being responsible for...

The Authority shall have all powers necessary for the proper performance of its functions under this Act and in particular, but without prejudice to the generality of the foregoing, the Authority...

(1) The Authority may after giving reasonable notice of its intention so to do, direct any lead agency to perform, within such time and in such manner as it shall specify, any of the duties imposed...

Subject to this Act, the Authority shall regulate its own procedure.

The Director-General and the Directors of the Authority shall be paid such salaries and allowances, as may, from time to time, be determined by the Board on the advice of the Salaries and Remuneration...

Subject to this Act, the Authority may, by resolution either generally or in any particular case, delegate to any committee of the Authority or to any member, officer, employee or agent of the...

The Authority may appoint such officers or other staff of the Authority as are necessary for the proper discharge of its functions under this Act or any other written law, upon such terms and...

The common seal of the authority shall be kept in such custody as the Authority may direct and shall not be used except on the order of the Authority.

No matter or thing done by a member of the Authority or any officer, employee or agent of the Authority shall, if the matter or thing is done bona fide for executing the functions, powers or duties of...

The provisions of section 18 shall not relieve the Authority of the liability to pay compensation or damages to any person for any injury to him, his property or any of his interests caused by the...

(1) There shall be a general fund of the Authority which shall vest in the Authority. (2) There shall be paid into the general fund— (a) such monies or assets as may accrue to or vest in the...

The financial year of the Authority shall be the period of twelve months ending on the thirteeth June in each year.

(1) At least three months before the commencement of each financial year, the Authority shall cause to be prepared estimates of the revenue and expenditure of the Annual Authority for that year. (2)...

(1) The Authority shall cause to be kept all proper books and records of accounts of the income, expenditure and assets of the Authority. (2) Within a period of three months from the end of each...

(1) There is hereby established a fund to be known as the National Environment Trust Fund, (hereinafter referred to as the "Trust Fund"). (2) The Trust Fund shall consist of— (a) such sums of money...

(1) There is hereby established a fund to be known as the National Environment Restoration Fund, (hereinafter referred to as "The Restoration Fund"). (2) The Restoration Fund shall consist of— (a)...

(1) Subject to this Act, the Authority may invest any of its funds in securities in which trustees may, for the time being, invest trust funds or in any other securities which the National Treasury...

(1) As soon as practicable and not later than three months after the expiry of the financial year, the Director-General shall submit to the Cabinet Secretary a financial report concerning the...

(1) The Authority shall create a register of those activities and industrial plants and undertakings which have or are most likely to have significant adverse effects on the environment when operated...

(1) The Governor shall, by notice in the Gazette, constitute a County Environment Committee of the County. (2) Every County Environment Committee shall consist of— (a) the member of the county...

The County Environment Committees shall— (a) be responsible for the proper management of the environment within the county for which it is appointed; (b) develop a county strategic environmental...

(1) There is hereby established a committee of the Authority to be known as the Complaints Committee which shall consist of— (a) a Chairperson appointed by the Cabinet Secretary and who shall be a...

The functions of the Complaints Committee shall be— (a) to investigate— (i) any allegations or complaints against any person or against the Authority in relation to the condition of the environment...

(1) The Complaints Committee may, by notice in writing, require any person to— (a) give to the National Environmental Complaints Committee all reasonable assistance in connection with the...

No proceedings shall lie against the Chairperson or any member of the Complaints Committee in respect of anything done bona fide in the performance of the duties of the Complaints Committee under this...

(1) If a member of the Complaints Committee is directly or indirectly interested in any matter before the Complaints Committee and is present at a meeting of the Complaints Committee at which the...

(1) There shall be paid to the Chairperson and members of the Complaints Committee, such remuneration, fees or allowances for expenses as the Cabinet Secretary may determine. (2) The remuneration...

(1) The Authority shall, within two years of the commencement of this Act and every six years thereafter, formulate the National Environmental Action Plan and shall ensure that it has undertaken...

The national environment action plan shall— (a) contain an analysis of the natural resources of Kenya with an indication as to any pattern of change in their distribution and quantity over time; (b)...

(1) Every County Environment Committee shall, within one year of the commencement of this Act and every five years thereafter, prepare a county environment action plan in respect of the county for...

Every county environment action plan prepared under section 40 shall contain provisions dealing with matters contained in section 38 (a) to (j) in relation to their respective county.

The purpose of environmental action plans is to co-ordinate and harmonise the environmental policies, plans, programmes and decisions of the national and county governments, as the case may be, in...

(1) The Authority shall monitor compliance with the national and county environmental action plans and may take any steps or make any inquiries that it may consider necessary in order to determine if...

(1) No person shall, without the prior written approval of the Authority given after an environmental impact assessment, in relation to a river, lake, sea or wetland in Kenya, carry out any of the...

(1) The Cabinet Secretary may, by notice in the Gazette, declare the traditional interests of local communities customarily resident within or around a lake basin, wetland, coastal zone or river basin...

The Authority shall, in consultation with the relevant lead agencies, develop, issue and implement regulations, procedures, guidelines and measures for the sustainable use of hill sides, hill tops,...

(1) Every County Environment Committee shall identify the hilly and mountainous areas under their jurisdiction which are at risk from environmental degradation. (2) A hilly or mountainous area is at...

(1) Every County Environment Committee shall specify which of the areas identified in accordance with section 45(1) are to be targeted for afforestation or reforestation. (2) Every County Environment...

(1) The Authority shall, in consultation with the relevant lead agencies, issue guidelines and prescribe measures for the sustainable use of hill tops, hill slides and mountainous areas. (2) The...

(1) Subject to subsection (2) and the Forest Conservation and Management Act (Cap. 285) the Authority may, after consultation with the Chief Conservator of Forests, enter into any contractual...

(1) The Authority shall, in consultation with the relevant lead agencies, promote the use of renewable sources of energy by— (a) promoting research in appropriate renewable sources of energy; (b)...

The Cabinet Secretary shall, on the advice of the Authority, prescribe measures necessary to ensure the conservation of biological diversity in Kenya and in this respect the Authority shall— (a)...

The Cabinet Secretary shall, on the recommendation of the Authority, prescribe measures adequate to ensure the conservation of biological resources in situ and in this regard shall issue guidelines...

The Cabinet Secretary shall, on the recommendation of the Authority— (a) prescribe measures for the conservation of biological resources ex-situ especially for those species threatened with...

(1) The Cabinet Secretary shall, on the recommendation of the Authority, issue guidelines and prescribe measures for the sustainable management and utilisation of genetic resources of Kenya for the...

(1) The Cabinet Secretary may, in consultation with the relevant lead agencies and in accordance with the Constitution, the Convention on Biological Diversity and other treaties, by notice in the...

(1) The Cabinet Secretary may, by notice in the Gazette, declare an area to be a protected Zone. (2) The Cabinet Secretary shall conduct a survey of the coastal zone and prepare an integrated...