Section 125 of The Environmental Management and Coordination Act CAP 387: Establishment of the National Environment Tribunal

(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 be a person qualified for appointment as a judge of the Environment and Land Court of Kenya;
(b) an advocate of the High Court of Kenya nominated by the Law Society of Kenya;
(c) a lawyer with professional qualifications in environmental law appointed by the Cabinet Secretary; and
(d) three persons with demonstrated competence in environmental matters, including but not limited to land, energy, mining, water, forestry, wildlife and maritime affairs.
(2) All appointments to the Tribunal shall be by name and by Gazette Notice issued by the Cabinet Secretary.
(3) The members of the Tribunal shall be appointed at different times so that the respective expiry dates of their terms of office shall fall at different times.
(4) The office of a member of the Tribunal shall become vacant—
(a) at the expiration of three years from the date of his appointment;
(b) if he accepts any office the holding of which, if he were not a member of the Tribunal, would make him ineligible for appointment to the office of a member of the Tribunal;
(c) if he is removed from membership of the Tribunal by the Cabinet Secretary for failure to discharge the functions of his office (whether arising from infirmity of body or mind or from any other cause) or for misbehaviour; and
(d) if he resigns the office of member of the Tribunal.
(5) The members of the Tribunal shall, in their first meeting, elect from amongst themselves a Chairperson to the Tribunal from amongst the persons appointed under paragraphs (a), (b) and (c) of subsection (1) and a vice-Chairperson to the Tribunal from amongst all members.
(6) The Chairperson and vice-Chairperson shall be of opposite gender.
(7) In the absence of the Chairperson, the vice-Chairperson shall serve as the acting Chairperson for the duration of the absence of the Chairperson and the acting Chairperson shall perform such functions and exercise such powers as if that person were the Chairperson.
(8) In the absence of both the Chairperson and the vice-Chairperson, the members of the Tribunal present may nominate, from among themselves, a person to act as the Chairperson, which person shall have the training and qualifications in the field of law and such person, while acting as the
Chairperson, shall perform such functions and exercise such powers as if that person were the Chairperson.
(9) The Chairperson may designate the vice-Chairperson and two other members to constitute a separate sitting of the Tribunal.

More Sections

Section 126 - Proceedings of the Tribunal

(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...

Section 127 - Awards of the Tribunal

(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...

Section 128 - Quorum for determination by Tribunal

(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...

Section 129 - Appeals to the Tribunal

(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...

Section 130 - Appeals to the Environment and Environment and Land Court

(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...

Section 131 - Power to appoint Environment Assessors

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...

Section 132 - Power to seek the directions of the Tribunal in complex matters, etc.

(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...

Section 133 - Immunity

(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...

Section 134 - Remuneration of members of Tribunal

(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...

Section 134A - Staff of the Tribunal

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

Section 135 - Appointment of a Secretary to the Tribunal

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.

Section 136 - Powers to establish other Tribunals

(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...

Section 137 - Offences relating to inspection Any person who -

(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...

Section 138 - Offences relating to Environmental Impact Assessment

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...

Section 139 - Offences relating to records

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...

Section 140 - Offences relating to standards

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...

Section 141 - Offences relating to hazardous wastes, materials, chemicals and radioactive substances

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,...

Section 142 - Offences relating to pollution

(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...

Section 143 - Offences relating to Environmental restoration orders, orders of the Tribunal, easements, and conservation orders

(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,...

Section 144 - General penalty

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...

Section 145 - Offences by bodies corporate, Partnerships, Principals and Employers

(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...

Section 146 - Forfeiture, cancellation and other orders

(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...

Section 147 - Power to make regulations

(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...

Section 147A - County legislation

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.

Section 148 - Effect of existing laws

Any written law by the national and county governments relating to the management of the environment in force immediately before the commencement of this Act shall have effect, subject to such...

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