This Act may be cited as the Environmental Management and Co-ordination Act.
In this Act, unless the context otherwise requires— "air quality" means the concentration prescribed under or pursuant to this Act of a pollutant in the atmosphere at the point of measurement; "ambient air" means the atmosphere surrounding the earth but does not include the atmosphere within a...
(1) Every person in Kenya is entitled to a clean and healthy environment in accordance with the Constitution and relevant laws and has the duty to safeguard and enhance the environment. (2) The entitlement to a clean and healthy environment under subsection (1) includes the access by any person in...
(1) Subject to the law relating to access to information, every person has the right to access any information that relates to the implementation of this Act that is in the possession of the Authority, lead agencies or any other person. (2) A person desiring the information referred to in...
The Cabinet Secretary shall— (a) be responsible for policy formulation and directions for purposes of this Act; (b) set national goals and objectives and determine policies and priorities for the protection of the environment; (c) promote co-operation among public departments, local authorities,...
(1) There is established an Authority to be known as the National Environment Management Authority. (2) The Authority shall be a body corporate with perpetual succession and a common seal and shall, in its corporate name, be capable of— (a) suing and being sued; (b) taking, purchasing, charging...
The headquarters of the Authority shall be in Nairobi but the Authority shall ensure its services are accessible in all parts of the Republic.
(1) The object and purpose for which the Authority is established is to exercise general supervision and co-ordination over all matters relating to the environment and to be the principal instrument of Government in the implementation of all policies relating to the environment. (2) Without...
(1) The Authority shall be managed by a Board, which shall consist of— (a) a Chairperson appointed by the President; (b) the Principal Secretary of the Ministry for the time being responsible for matters relating to the Authority or an officer of that Ministry designated in writing by the...
The Authority shall have all powers necessary for the proper performance of its functions under this Act and in particular, but without prejudice to the generality of the foregoing, the Authority shall have powers to— (a) control, supervise and administer the assets of the Authority in such manner...
(1) The Authority may after giving reasonable notice of its intention so to do, direct any lead agency to perform, within such time and in such manner as it shall specify, any of the duties imposed upon the lead agency by or under this Act or any other written law, in the field of environment and if...
Subject to this Act, the Authority shall regulate its own procedure.
The Director-General and the Directors of the Authority shall be paid such salaries and allowances, as may, from time to time, be determined by the Board on the advice of the Salaries and Remuneration Commission.
Subject to this Act, the Authority may, by resolution either generally or in any particular case, delegate to any committee of the Authority or to any member, officer, employee or agent of the Authority, the exercise of any of the powers or the performance of any of the functions or duties of the...
The Authority may appoint such officers or other staff of the Authority as are necessary for the proper discharge of its functions under this Act or any other written law, upon such terms and conditions of service as the Authority may determine.
The common seal of the authority shall be kept in such custody as the Authority may direct and shall not be used except on the order of the Authority.
No matter or thing done by a member of the Authority or any officer, employee or agent of the Authority shall, if the matter or thing is done bona fide for executing the functions, powers or duties of the Authority, render the member, officer, employee or agent or any person acting on his directions...
The provisions of section 18 shall not relieve the Authority of the liability to pay compensation or damages to any person for any injury to him, his property or any of his interests caused by the exercise of the powers conferred on the Authority by this Act or by any other written law or by the...
(1) There shall be a general fund of the Authority which shall vest in the Authority. (2) There shall be paid into the general fund— (a) such monies or assets as may accrue to or vest in the Authority in the course of the exercise of its powers or the performance of its functions under this...
The financial year of the Authority shall be the period of twelve months ending on the thirteeth June in each year.
(1) At least three months before the commencement of each financial year, the Authority shall cause to be prepared estimates of the revenue and expenditure of the Annual Authority for that year. (2) The annual estimates shall make provisions for the estimated expenditure of the Authority for the...
(1) The Authority shall cause to be kept all proper books and records of accounts of the income, expenditure and assets of the Authority. (2) Within a period of three months from the end of each financial year, the Authority shall submit to the Auditor-General the accounts of the Authority together...
(1) There is hereby established a fund to be known as the National Environment Trust Fund, (hereinafter referred to as the "Trust Fund"). (2) The Trust Fund shall consist of— (a) such sums of money as may be received by the Trust Fund in the form of donations, endowments, grants and gifts from...
(1) There is hereby established a fund to be known as the National Environment Restoration Fund, (hereinafter referred to as "The Restoration Fund"). (2) The Restoration Fund shall consist of— (a) such proportion of fees or deposit bonds as may be determined by the Authority from time to...
(1) Subject to this Act, the Authority may invest any of its funds in securities in which trustees may, for the time being, invest trust funds or in any other securities which the National Treasury may, from time to time, approve for that purpose. (2) Subject to this Act, the Authority may upon...
(1) As soon as practicable and not later than three months after the expiry of the financial year, the Director-General shall submit to the Cabinet Secretary a financial report concerning the activities of the Authority during such financial year. (2) The report of the Director-General under...
(1) The Authority shall create a register of those activities and industrial plants and undertakings which have or are most likely to have significant adverse effects on the environment when operated in a manner that is not in conformity with good environmental practices. (2) The Cabinet Secretary...
(1) The Governor shall, by notice in the Gazette, constitute a County Environment Committee of the County. (2) Every County Environment Committee shall consist of— (a) the member of the county executive committee in charge of environmental matters who shall be the chairperson; (b) an officer of...
The County Environment Committees shall— (a) be responsible for the proper management of the environment within the county for which it is appointed; (b) develop a county strategic environmental action plan every five years; and (c) perform such additional functions as are prescribed by this Act...
(1) There is hereby established a committee of the Authority to be known as the Complaints Committee which shall consist of— (a) a Chairperson appointed by the Cabinet Secretary and who shall be a person qualified for appointment as a judge of the Environment and Land Court of Kenya; (b) a...