Section 65 of The Environmental Management and Coordination Act CAP 387: Transfer of Environmental Impact Assessment Licence

(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 impact assessment study, evaluation or...

(1) The Authority may, after the issuance of an environmental impact assessment licence— (a) cancel or revoke such licence; or (b) suspend such licence, for such time, not more than twenty four...

(1) The Authority or its designated agents shall be responsible for carrying out environmental audit of all activities that are likely to have significant effect on the environment. (2) An...

(1) The Authority shall, in consultation with the relevant lead agencies, monitor— (a) all environmental phenomena with a view to making an assessment of any possible changes in the environment and...

(1) The Cabinet Secretary shall, on the recommendation of the Authority— (a) establish criteria and procedures for the measurement of water quality; (b) recommend to the Authority minimum water...

(1) Any person, who upon the coming into force of this Act, discharges or applies any poison, toxic, noxious or obstructing matter, radioactive waste or other pollutants or permits any person to dump...

All owners or operators of irrigation project schemes, sewerage systems, industrial production workshops or any other undertaking which may discharge effluents or other pollutants shall within ninety...

(1) Every owner or operator of a trade or industrial undertaking shall discharge any effluents or other pollutants originating from the trade or industrial undertaking only into existing sewerage...

(1) No entity operating a sewerage system or owner or operator of any trade or industrial undertaking shall discharge any effluents or other pollutants into the environment without an effluent...

The Authority may in writing, cancel any effluent discharge licence— (a) if the holder of the licence contravenes any provision of this Act or any regulations made thereunder; (b) if the holder...

The Authority shall maintain a register of all effluent discharge licences issued under this Act. The register shall be a public document and may be inspected at any reasonable hour by any person on...

(1) The Cabinet Secretary shall, on the recommendation of the Authority— (a) establish criteria and procedures for the measurement of air quality; (b) set— (i) ambient air quality standards; (ii)...

(1) The Cabinet Secretary, subject to the Constitution and any other relevant laws may on the advice of the Authority, by Gazette Notice, declare any area to be a controlled area for the purposes of...

(1) An owner or operator of a trade, industrial undertaking or an establishment which after the commencement of this Act, is emitting a substance or energy which is causing or is likely to cause air...

(1) Before issuing a licence in respect of emissions, the Authority shall— (a) consider the possible effects of the emissions on the quality of ambient air; (b) consider existing licences affecting...

No owner or operator of a motor-vehicle, train, ship, aircraft or other similar conveyance shall— (a) operate it in such a manner as to cause air pollution in contravention of the established...

(1) The Authority may establish additional procedures for the application and grant of any licence under this Act and impose such conditions as it may deem appropriate. (2) Subject to subsection (1),...

The Authority may, in writing, cancel any emission licence— (a) if the holder of the licence contravenes any provisions of this Act or of any regulations made under it; (b) if the holder fails to...

The Authority shall maintain a register of all emission licences issued under this Act. The register shall be a public document and may be inspected at reasonable hours by any person on the payment of...

The Cabinet Secretary shall, on the recommendation of the Authority— (a) identify materials and processes that are dangerous to human health and the environment; (b) issue guidelines and prescribe...

(1) No person shall discharge or dispose of any wastes, whether generated within or outside Kenya, in such manner as to cause pollution to the environment or ill health to any person. (2) No person...

(1) Any person intending to transport wastes within Kenya, operate a wastes disposal site or plant or to generate hazardous waste, shall prior to transporting the wastes, commencing with the operation...

Any person who, at the commencement of this Act, owns or operates a waste disposal site or plant or generated hazardous waste, shall apply to the Authority for a licence under this part, within six...

The Authority may apply to a competent court for orders compelling any person to immediately stop the generation, handling, transportation, storage or disposal of any wastes where such generation,...

(1) The Cabinet Secretary shall, on the recommendation of the Authority determine standard criteria for the classification of hazardous wastes with regard to determining— (a) hazardous waste; (b)...

The Cabinet Secretary may, on the advice of the Authority make regulations prescribing the procedure and criteria for— (a) classification of toxic and hazardous chemicals and materials in accordance...

(1) No person shall discharge any hazardous substance, chemical, oil or mixture containing oil into any waters or any other segments of the environment contrary to the provisions of this Act or any...

The Cabinet Secretary shall, on the recommendation of the Authority— (a) determine standards for the concentration of pesticide residues in raw agricultural commodities. For the purposes of this...

(1) The Authority may, upon application, register a pesticide or toxic substance subject to such existing conditions and any other conditions that the Authority may determine. (2) Every pesticide or...

(1) No person shall— (a) detach, alter or destroy any labelling on a pesticide or toxic substance contrary to the provisions of this Act; (b) change the composition of a pesticide or toxic...

(1) Any pesticide or toxic substance which the Authority reasonably suspects to be the subject matter of an offence under this Act shall be liable to seizure by the Authority. (2) Whenever any...

The Cabinet Secretary shall, in consultation with the relevant lead agencies, make regulations prescribing the contents of any application and the conditions for the registration of pesticides and...

The Cabinet Secretary shall, on the recommendation of the Authority— (a) recommend minimum standards for emissions of noise and vibration pollution into the environment as are necessary to preserve...

Subject to the provisions of the Civil Aviation Act (Cap. 394), any person who emits noise in excess of the noise emission standards established under this Part commits an offence.

(1) Notwithstanding the provisions of section 102, the Authority may on request grant a temporary permit not exceeding three months, allowing emission of noise in excess of established standards for...

(1) Subject to the provisions of the Radiation Protection Act (Cap. 243) the Cabinet Secretary, on the recommendation of the Authority, shall— (a) establish the standards for the setting of...

The Authority shall, in accordance with the relevant lead agencies, establish— (a) procedures for the measurement and determination of noxious smells; (b) minimum standards for the control of...

(1) Subject to any other provisions of this Act, the Authority may issue and serve on any person in respect of any matter relating to the management of the environment an order in this Part referred...

(1) An environmental restoration order shall specify clearly and in a manner which may be easily understood— (a) the activity to which it relates; (b) the person or persons to whom it is...

(1) At any time within twenty-one days after the service of an environmental restoration order, a person upon whom the order has been served may, by giving reasons in writing, request the Authority to...

(1) Without prejudice to the powers of the Authority under this Act, a court of competent jurisdiction may, in proceedings brought by any person, issue an environmental restoration order against a...

(1) A court may, on an application made under this Part, grant an environmental easement or an environmental conservation order subject to the provisions of this Act and the Land Act (Cap. 280). (2)...

(1) A person or a group of persons may make an application to the court for the grant of one or more environmental easements. (2) The court may impose such conditions on the grant of an environmental...

(1) Proceedings to enforce an environmental easement may be commenced only by the person in whose name the environmental easement has been issued. (2) Proceedings to enforce an environmental easement...

(1) Where an environmental easement is imposed on land, the title of which is registered under a particular system of land registration, the environmental easement shall be registered in accordance...

(1) Any person who has a legal interest in the land which is the subject of an environmental easement, shall, in accordance with the provisions of this Act, be entitled to compensation commensurate...

(1) The Director-General shall, by Gazette Notice, appoint duly qualified persons whether public officer or otherwise, whether by name or by title of office, to be environmental inspectors of the...

Subject to the Constitution, section 29 of the Office of the Director of Public Prosecutions Act and the directions and control of the Director of Public Prosecutions, an environmental inspector may,...

(1) The Director-General may, by Notice in the Gazette, designate such number of laboratories as he may consider necessary, analytical or reference laboratories for the purpose of this Act. (2) A...

(1) A laboratory designated as an analytical or reference laboratory under section 119 shall issue a certificate of analysis of any substance submitted to it under this Act. (2) The certificate of...