Section 98 of The Environmental Management and Coordination Act CAP 387: Offences relating to pesticides and toxic substances

(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...

(1) The Chairperson or other members of the Tribunal shall not be liable to be sued in a civil court for an act done or omitted to be done or ordered to be done by them in the discharge of their duty...

(1) There shall be paid to the Chairperson and the members of the Tribunal such remuneration and allowances as the Cabinet Secretary on the recommendation of the Salaries and Remuneration Commission...

There shall be such other staff of the Tribunal as may be necessary for the performance of its functions.

The Cabinet Secretary shall appoint a public officer to be the secretary to the Tribunal who shall be paid such allowances as the Cabinet Secretary shall determine.

(1) The Ministry may establish such other Tribunals in any part of Kenya as he deems appropriate. (2) The provisions of sections 126-135 shall apply mutatis mutandis to any Tribunal established under...

(a) hinders or obstructs an environmental inspector in the exercise of his duties under this Act or regulations made thereunder; (b) fails to comply with a lawful order or requirement made by an...

Any person who— (a) fails to submit a project report contrary to the requirements of section 58 of this Act; (b) fails to prepare an environmental impact assessment report in accordance with the...

Any person who— (a) fails to keep records required to be kept under this Act; (b) fraudulently alters any records required to be kept under this Act; (c) fraudulently makes false statements in any...

Any person who— (a) contravenes any environmental standard prescribed under this Act; (b) contravenes any measure prescribed under this Act; (c) uses the environment or natural resources in a...

Any person who— (a) fails to manage any hazardous waste and materials in accordance with this Act; (b) imports any hazardous waste contrary to this Act; (c) knowingly mislabels any waste,...

(1) Any person who— (a) discharges any dangerous materials, substances, oil, oil mixtures into land, water, air, or aquatic environment contrary to the provisions of this Act; (b) pollutes the...

(1) Any person who— (a) fails, neglects or refuses to comply with an environmental restoration order made under this Act; (b) fails, neglects or refuses to comply with an environmental easement,...

Any person who contravenes against any provision of this Act or of regulations made thereunder for which no other penalty is specifically provided is liable, upon conviction, to imprisonment for a...

(1) When an offence against this Act, is committed by a body corporate, the body corporate and every director or officer of the body corporate who had knowledge of the commission of the offence and...

(1) The Court before which a person is charged for an offence under this Act or any regulations made thereunder may, in addition to any other order— (a) upon the conviction of the accused; or (b) if...

(1) The Cabinet Secretary may, on the recommendation of the Authority and upon consultation with the relevant lead agencies, make regulations prescribing for matters that are required or permitted by...

A County may make legislation in respect of all such matters as are necessary or desirable that are required or permitted under the Constitution and this Act.