Section 138 of The Environmental Management and Coordination Act CAP 387: 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 requirements of this Act or regulations made thereunder;
(c) fraudulently makes false statements in an environmental impact assessment report submitted under this Act or regulations made thereunder, commits an offence and is liable on conviction to imprisonment for a term not exceeding twenty four months or to a fine of not more than two million shillings or to both such imprisonment and fine.

More Sections

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...

Back to Kenya Acts