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Section 101 of The Environmental Management and Coordination Act CAP 387: Standards for noise

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 and maintain public health and the environment; (b) determine criteria and procedures for the...

Section 102 of The Environmental Management and Coordination Act CAP 387: Noise in excess of established standards prohibited

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.

Section 103 of The Environmental Management and Coordination Act CAP 387: Exemptions in respect of noise standards

(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 such activities as fireworks, demolitions, firing ranges and specific heavy industry on such terms...

Section 104 of The Environmental Management and Coordination Act CAP 387: Radiation Standards

(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 acceptable levels of ionizing and other radiation in the environment; and (b) establish criteria and...

Section 107 of The Environmental Management and Coordination Act CAP 387: Standards for the control of noxious smells

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 pollution of the environment by noxious smells; or (c) guidelines for measures leading to the abatement...

Section 108 of The Environmental Management and Coordination Act CAP 387: Issue of Environmental Restoration Orders

(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 to as an environmental restoration order. (2) An environmental restoration order issued under...

Section 109 of The Environmental Management and Coordination Act CAP 387: Contents of environmental restoration orders

(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 addressed; (c) the time at which it comes into effect; (d) the action which must be taken to remedy the harm...

Section 110 of The Environmental Management and Coordination Act CAP 387: Reconsideration of environmental restoration order

(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 re-consider that order. (2) Where the Authority exercises the power under subsection (1), the...

Section 111 of The Environmental Management and Coordination Act CAP 387: Issue of environmental restoration order by a court

(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 person who has harmed, is harming or is reasonably likely to harm the environment. (2) For the...

Section 112 of The Environmental Management and Coordination Act CAP 387: Environmental easements and environmental conservation orders

(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) The object of an environmental easement is to further the principals of environmental management set...

Section 113 of The Environmental Management and Coordination Act CAP 387: Application to court for environmental easement

(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 easement as it considers to be best calculated to advance the object of an environmental...

Section 114 of The Environmental Management and Coordination Act CAP 387: Enforcement of environmental easements

(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 may request the court to— (a) grant an environmental restoration order; (b) grant any remedy...

Section 115 of The Environmental Management and Coordination Act CAP 387: Registration of environmental easements

(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 with the provisions of the Act applicable to that particular system of registration for...

Section 116 of The Environmental Management and Coordination Act CAP 387: Compensation for environmental easements

(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 with the lost value of the use of the land. (2) A person described in subsection (1) may apply to the...

Section 117 of The Environmental Management and Coordination Act CAP 387: Appointment of Environmental Inspectors

(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 Authority for such jurisdiction units as shall be specified in the Gazette Notice appointing them. (2)...

Section 118 of The Environmental Management and Coordination Act CAP 387: Environmental Inspector’s powers to prosecute

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, in any case in which he considers it desirable so to do— (a) institute and undertake criminal...

Section 119 of The Environmental Management and Coordination Act CAP 387: Procedures for laboratories analysis of samples

(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 notice under subsection (1) shall state the specific functions of the laboratory, local limits or...

Section 120 of The Environmental Management and Coordination Act CAP 387: Certificate of analysis and its effect

(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 analysis shall state the methods of analysis followed and shall be the analyst or the reference...

Section 121 of The Environmental Management and Coordination Act CAP 387: Records to be kept

(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 they shall be kept. (2) The records kept in accordance with subsection (1) of this section and any...

Section 122 of The Environmental Management and Coordination Act CAP 387: Transmission of records to the Authority

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 Authority shall keep all records transmitted hereunder and may maintain their confidentiality if the...

Section 123 of The Environmental Management and Coordination Act CAP 387: Public Access to records transmitted to the Authority

(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 subsection (1) may on application to the Authority, be granted access to the said records on the payment...

Section 124 of The Environmental Management and Coordination Act CAP 387: Conventions, agreements and treaties on environment

(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 Treaty Making and Ratification Act (Cap. 4D)— (a) initiate legislative proposals for consideration by...

Section 124A of The Environmental Management and Coordination Act CAP 387: Transactions requiring Parliamentary ratification

(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 involving environmental resources to be submitted to Parliament for ratification. (2) The acreage,...

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)...

Section 126 of The Environmental Management and Coordination Act CAP 387: 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 by the Authority on any matter relating to this Act, inquire into the matter and make an award, give...

Section 127 of The Environmental Management and Coordination Act CAP 387: 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 matter before the Tribunal or the investigation of any contravention of this Act as it deems...

Section 128 of The Environmental Management and Coordination Act CAP 387: 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 in any matter which is the subject of the proceedings before the Tribunal shall not take part in...

Section 129 of The Environmental Management and Coordination Act CAP 387: 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 imposition of any condition, limitation or restriction on the persons licence under this Act or its...

Section 130 of The Environmental Management and Coordination Act CAP 387: 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 decision or order of the Tribunal shall be enforced until the time for lodging an appeal has expired or,...

Section 131 of The Environmental Management and Coordination Act CAP 387: 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 as assessors in an advisory capacity in any case where it appears to the Tribunal that such special...