Section 79 of The Environmental Management and Coordination Act CAP 387: Controlled areas

(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...

(1) The Director-General shall, by notice in the Gazette, prescribe the activities for which records shall be kept for the purposes of this Act, the contents of such records and the manner in which...

The records kept under section 121 shall be transmitted annually to the Authority or its designated representative to be received not later than one month after the end of each calendar year. The...

(1) Subject to the provisions of section 122, any person may have access to any records transmitted to the Authority under this Act. (2) A person desiring access to such records referred to in...

(1) Where Kenya is a party to an international treaty, convention or agreement, whether bilateral or multilateral, concerning the management of the environment, the Authority shall, subject to the...

(1) The Cabinet Secretary shall, within six months from the commencement date of this Act, in consultation with the Authority and lead agencies, develop legislation requiring certain transactions...

(1) There is established a Tribunal to be known as the National Environment Tribunal which shall consist of the following members— (a) a person nominated by the Judicial Service Commission, who shall...

(1) The Tribunal shall not be bound by the rules of evidence as set out in Evidence Act (Cap. 80). (2) The Tribunal shall, upon an appeal made to it in writing by any party or a referral made to it...

(1) The Tribunal may— (a) make such orders for the purposes of securing the attendance of any person at any place where the Tribunal is sitting, discovery or production of any document concerning a...

(1) Subject to section 125, the quorum for hearing or determining any cause or matter before the Tribunal under this Act shall be three members. (2) A member of the Tribunal who has a direct interest...

(1) Any person who is aggrieved by— (a) the grant of a licence or permit or a refusal to grant a licence or permit, or the transfer of a licence or permit, under this Act or its regulations; (b) the...

(1) Any person aggrieved by a decision or order of the Tribunal may, within thirty days of such decision or order, appeal against such decision or order to the Environment and Land Court. (2) No...

The Chairperson of the Tribunal may appoint any persons with special skills or knowledge on environmental issues which are the subject matter of any proceedings or inquiry before the Tribunal to act...

(1) When any matter to be determined by the Authority under this Act appears to it to involve a point of law or to be of unusual importance or complexity, it may, after giving notice to the concerned...