Section 142 of The Environmental Management and Coordination Act CAP 387: 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 environment contrary to the provisions of this Act;
(c) discharges any pollutant into the environment contrary to the provisions of this Act, commits an offence and shall on conviction, be liable to a fine not less than two million shillings but not more than five million shillings.
(2) In addition to any sentence that the Court may impose upon a polluter under subsection (1) of this Section, the Court may direct that person to—
(a) pay the full cost of cleaning up the polluted environment and of removing the pollution;
(b) clean up the polluted environment and remove the effects of pollution to the satisfaction of the Authority.
(3) Without prejudice to the provisions of subsections (1) and (2) of this section, the court may direct the polluter to meet the cost of the pollution to any third parties through adequate compensation, restoration or restitution

More Sections

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