Browse an Act, find a provision and read each section in context.
Browse Acts ↓The Cabinet Secretary shall, in consultation with the relevant lead agencies, make regulations prescribing the contents of any application and the conditions for the registration of pesticides and toxic substances under this Act.
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 measurem…
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.
(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 an…
(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 procedure…
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 of n…
(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 subsect…
(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 to t…
(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 expen…
(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 avoidanc…
(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…
(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 easement.
(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 availab…
(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 easements. (2)…
(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…
(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) A…
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 procee…
(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 subjec…
(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 analyst…
(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 oth…
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 app…
(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 of…
(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 t…
(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, quant…
(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) an…
(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 d…
(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 necessary…
(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 tho…
(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 r…
(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,…