(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,...
(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)...
(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...
(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...
(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...
(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...
(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,...
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...
(1) When any matter to be determined by the Authority under this Act appears to it to involve a point of law or to be of unusual importance or complexity, it may, after giving notice to the concerned parties, refer the matter to the Tribunal for direction. (2) Where any matter has been referred to...
(1) The Chairperson or other members of the Tribunal shall not be liable to be sued in a civil court for an act done or omitted to be done or ordered to be done by them in the discharge of their duty as members of the Tribunal, whether or not within the limits of their jurisdiction, provided they,...
(1) There shall be paid to the Chairperson and the members of the Tribunal such remuneration and allowances as the Cabinet Secretary on the recommendation of the Salaries and Remuneration Commission shall determine. (2) The remuneration and allowances referred to in subsection (1) and any other...
There shall be such other staff of the Tribunal as may be necessary for the performance of its functions.
The Cabinet Secretary shall appoint a public officer to be the secretary to the Tribunal who shall be paid such allowances as the Cabinet Secretary shall determine.
(1) The Ministry may establish such other Tribunals in any part of Kenya as he deems appropriate. (2) The provisions of sections 126-135 shall apply mutatis mutandis to any Tribunal established under subsection (1).
(a) hinders or obstructs an environmental inspector in the exercise of his duties under this Act or regulations made thereunder; (b) fails to comply with a lawful order or requirement made by an environmental inspector in accordance with this Act or regulations made thereunder; (c) refuses an...
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...
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 records required to be kept under this Act, commits an offence and is liable upon conviction to a...
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 wasteful and destructive manner contrary to measures prescribed under this Act, commits an offence and...
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, pesticide, chemical, toxic substance or radioactive matter; (d) fails to manage any chemical or radioactive...
(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...
(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, issued under this Act; (c) fails, neglects or refuses to comply with an environmental conservation...
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 term of not less than one year but not more than four years, or to a fine of not less than two million...
(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 who did not exercise due diligence, efficiency and economy to ensure compliance with this Act, shall...
(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 it is satisfied that an offence was committed notwithstanding that no person has been convicted of...
(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 this Act to be prescribed or are necessary or convenient to be prescribed for giving full effect to...
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.
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 modifications as may be necessary to give effect to this Act, and where the provisions of such law are in...