Act and Laws in Kenya

The purpose of environmental action plans is to co-ordinate and harmonise the environmental policies, plans, programmes and decisions of the national and county governments, as the case may be, in order to — (i) minimize the duplication of procedures and functions; and promote consistency in the...

(1) The Authority shall monitor compliance with the national and county environmental action plans and may take any steps or make any inquiries that it may consider necessary in order to determine if the plans are being complied with. (2) If as a result of any action taken or inquiry made under...

(1) No person shall, without the prior written approval of the Authority given after an environmental impact assessment, in relation to a river, lake, sea or wetland in Kenya, carry out any of the following activities— (a) erect, reconstruct, place, alter, extend, remove or demolish any structure...

(1) The Cabinet Secretary may, by notice in the Gazette, declare the traditional interests of local communities customarily resident within or around a lake basin, wetland, coastal zone or river basin or forest to be protected interests. (2) The Authority shall, in consultation with the relevant...

The Authority shall, in consultation with the relevant lead agencies, develop, issue and implement regulations, procedures, guidelines and measures for the sustainable use of hill sides, hill tops, mountain areas and forests and such regulations, guidelines, procedures and measures shall control the...

(1) Every County Environment Committee shall identify the hilly and mountainous areas under their jurisdiction which are at risk from environmental degradation. (2) A hilly or mountainous area is at risk from environmental degradation if— (a) it is prone to soil erosion; (b) landslides have...

(1) Every County Environment Committee shall specify which of the areas identified in accordance with section 45(1) are to be targeted for afforestation or reforestation. (2) Every County Environment Committee shall take measures, through encouraging voluntary selfhelp activities in their...

(1) The Authority shall, in consultation with the relevant lead agencies, issue guidelines and prescribe measures for the sustainable use of hill tops, hill slides and mountainous areas. (2) The guidelines issued and measures prescribed by the Authority under subsection (1) shall be by way of...

(1) Subject to subsection (2) and the Forest Conservation and Management Act (Cap. 285) the Authority may, after consultation with the Chief Conservator of Forests, enter into any contractual arrangement with private owner of any land on such terms and conditions as may be mutually agreed for...

(1) The Authority shall, in consultation with the relevant lead agencies, promote the use of renewable sources of energy by— (a) promoting research in appropriate renewable sources of energy; (b) creating incentives for the promotion of renewable sources of energy; (c) promoting measures for the...

The Cabinet Secretary shall, on the advice of the Authority, prescribe measures necessary to ensure the conservation of biological diversity in Kenya and in this respect the Authority shall— (a) identify, prepare and maintain an inventory of biological diversity of Kenya; (b) determine which...

The Cabinet Secretary shall, on the recommendation of the Authority, prescribe measures adequate to ensure the conservation of biological resources in situ and in this regard shall issue guidelines for— (a) land use methods that are compatible with conservation of biological diversity; (b) the...

The Cabinet Secretary shall, on the recommendation of the Authority— (a) prescribe measures for the conservation of biological resources ex-situ especially for those species threatened with extinction; (b) issue guidelines for the management of— (i) germplasm banks; (ii) botanical...

(1) The Cabinet Secretary shall, on the recommendation of the Authority, issue guidelines and prescribe measures for the sustainable management and utilisation of genetic resources of Kenya for the benefit of the people of Kenya. (2) Without prejudice to the general effect of subsection (1), the...

(1) The Cabinet Secretary may, in consultation with the relevant lead agencies and in accordance with the Constitution, the Convention on Biological Diversity and other treaties, by notice in the Gazette, declare any area of land, sea, lake, forests or river to be a protected natural environment for...

(1) The Cabinet Secretary may, by notice in the Gazette, declare an area to be a protected Zone. (2) The Cabinet Secretary shall conduct a survey of the coastal zone and prepare an integrated national coastal zone management plan based on the report of such survey. (3) The Cabinet Secretary shall,...

(1) The Cabinet Secretary in consultation with the Authority, undertake or commission other persons to undertake national studies and give due recognition to developments in scientific knowledge relating to substances, activities and practices that deplete the ozone layer to the detriment of public...

The Cabinet Secretary shall, in consultation with relevant lead agencies, issue guidelines and prescribe measures on climate change.

(1) Notwithstanding the provisions of any relevant revenue Act, the Cabinet Secretary responsible for Finance may, on the recommendation of the Council, propose to Government tax and other fiscal incentives, disincentives or fees to induce or promote the proper management of the environment and...

(1) All Policies, Plans and Programmes for implementation shall be subject to Strategic Environmental Assessment. (2) For the avoidance of doubt, the plans, programmes and policies are those that are— (a) subject to preparation or adoption by an authority at regional, national, county or local...

(1) Notwithstanding any approval, permit or license granted under this Act or any other law in force in Kenya, any person, being a proponent of a project, shall before for an financing, commencing, proceeding with, carrying out, executing or conducting or causing to be financed, commenced, proceeded...

(1) Upon receipt of an environmental impact assessment study report from any proponent under section 58(2), the Authority shall cause to be published in the Gazette, in at least two newspapers circulating in the area or proposed area of the project and over the radio a notice which shall state— (a)...

A lead agency shall, upon the written request of the Director-General, submit written comments on an environmental impact assessment study, evaluation and review report within thirty days from the date of the written request.

The Authority may set up a technical advisory committee to advise it on environmental impact assessment related reports and the Director-General shall prescribe the terms of reference and rules of procedure for the technical advisory committee appointed hereunder.

The Authority may require any proponent of a project to carry out at his own expense further evaluation or environmental impact assessment study, review or submit additional information for the purposes of ensuring that the environmental impact assessment study, review or evaluation report is as...

The Authority may, after being satisfied as to the adequacy of an environmental impact assessment study, evaluation or review report, issue an environmental impact assessment licence on such terms and conditions as may be appropriate and necessary to facilitate sustainable development and sound...

(1) The Authority may, at any time after the issue of an environmental impact assessment licence direct the holder of such licence to submit at his own expense a fresh environmental impact assessment study, evaluation or review report within such time as the Authority may specify where — (a) there...

(1) An environmental impact assessment licence may be transferred by the holder to another person only in respect of the project in relation to which such licence was issued. (2) Where an environmental impact assessment licence is transferred under this section, the person to whom it is transferred...

(1) No civil or criminal liability in respect of a project or consequences resulting from a project shall be incurred by the Government, the Authority or any impact assessment study, evaluation or review report or grant of an environmental impact assessment licence or by reason of any condition...

(1) The Authority may, after the issuance of an environmental impact assessment licence— (a) cancel or revoke such licence; or (b) suspend such licence, for such time, not more than twenty four months, where the licensee contravenes the provisions of the licence. (1A) Where the Authority cancels,...