Section 9 of The Environmental Management and Coordination Act CAP 387: Objects and functions of the Authority

(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 of Government in the implementation of all policies relating to the environment.
(2) Without prejudice to the generality of the foregoing, the Authority shall—
(a) co-ordinate the various environmental management activities being undertaken by the lead agencies and promote the integration of environmental considerations into development policies, plans, programmes and projects with a view to ensuring the proper management and rational utilization of environmental resources on a sustainable yield basis for the improvement of the quality of human life in Kenya;
(b) take stock of the natural resources in Kenya and their utilisation and conservation;
(bb) audit and determine the net worth or value of the natural resources in Kenya and their utilization and conservation;
(c) make recommendations to the relevant authorities with respect to land use planning;
(d) examine land use patterns to determine their impact on the quality and quantity of natural resources;
(e) deleted by Act No. 15 of 2015, s. 9(c);
(f) advise the Government on legislative and other measures for the management of the environment or the implementation of relevant international conventions, treaties and agreements in the field of environment, as the case may be;
(g) advise the Government on regional and international environmental conventions, treaties and agreements to which Kenya should be a party and follow up the implementation of such agreements where Kenya is a party;
(h) undertake research, investigation and surveys in the field of environment and collect, collate and disseminate information about the findings of such research, investigation or survey;
(i) mobilise and monitor the use of financial and human resources for environmental management;
(j) identify projects and programmes or types of projects and programmes, plans and policies for which environmental audit or environmental monitoring must be conducted under this Act;
(k) initiate and evolve procedures and safeguards for the prevention of accidents which may cause environmental degradation and evolve remedial measures where accidents occur;
(l) monitor and assess activities, including activities being carried out by relevant lead agencies, in order to ensure that the environment is not degraded by such activities, environmental management objectives are adhered to and adequate early warning on impending environmental emergencies is given;
(m) undertake, in co-operation with relevant lead agencies, programmes intended to enhance environmental education, public awareness and public participation;
(n) develop, publish and disseminate manuals, codes or guidelines relating to environmental management and prevention or abatement of environmental degradation;
(o) render advice and technical support, where possible, to entities engaged in natural resources management and environmental protection;
(p) prepare and submit to the Cabinet Secretary every two years, and report on the state of the environment in Kenya and in this regard may direct any lead agency to prepare and submit to it a report on the state of the sector of the environment under the administration of that lead
agency;
(q) encourage voluntary environmental conservation practices and natural resource conservancies, easements, leases, payments for ecosystem services and other such instruments and in this regard, develop guidelines;
(r) work with other lead agencies to issue guidelines and prescribe measures to achieve and maintain a tree cover of at least ten per cent of the land area of Kenya;
(s) perform such other functions as the Government may assign to the Authority or as are incidental or conducive to the exercise by the Authority of any or all of the functions provided under this Act.
(3) The Cabinet Secretary shall lay every annual report on the state of the environment prepared under subsection (2)(p) before the National Assembly as soon as reasonably practicable after its publication where the National Assembly is in session, or where not in session, within twenty-one days of the day the National Assembly next sits after such publication.

More Sections

Section 10 - Board of the Authority

(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...

Section 11 - Powers of the Authority

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...

Section 12 - Powers in respect of lead agencies

(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...

Section 13 - Conduct of business and affairs of the Authority

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

Section 14 - Remuneration of Director-General and Directors

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...

Section 15 - Delegation by the Authority

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...

Section 16 - Staff of the Authority

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...

Section 17 - The common seal of the Authority

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.

Section 18 - Protection from personal liability

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...

Section 19 - Liability of the Authority for damages

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...

Section 20 - General fund

(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...

Section 21 - Financial year

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

Section 22 - Annual estimates

(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)...

Section 23 - Accounts and audit

(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...

Section 24 - National Environment Trust Fund

(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...

Section 25 - National Environment Restoration Fund

(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)...

Section 26 - Investment of funds and disposal of assets

(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...

Section 27 - Annual Financial Report

(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...

Section 28 - Deposit Bonds

(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...

Section 29 - County Environment Committees

(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...

Section 30 - Functions of County Environment Committees

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...

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