Nakuru County Solid Waste Management Fund Bill, Kenya 2014.pdf

SPECIAL.ISSUE

Nakuru County Gazene Supp_lementNo. S (Bills No.7)

REPUBLIC OF KENYA

NAKURU COUNTY GAZETTE
SUPPLEMENT

BILLS, 2014

NAIROBI, 17 th April, 20 14

CONTENT

Bill for Introduction into the Nakuru County Assembly-

PAGE

The Nakuru County Solid Waste Management Fund Bill, 2014........................1

PRINTED AND PUBLISHED BY THEGOVERNMENT PRINTER, NAIROBI


THE NA.KURU COTJNTY SOI,ID WASTE MANAGEMENT FUND
BILL 2014.;

ARRAFIGEMENT OF CLAUSES . .
claases

PART I-PRELIMINARY
!, l

l-Short title : .
2-Interpretation ! !
3-Object of the Act

PA.RT II-ESTABLISI*iI4ENT AA.[D iVIAI\{AGE}I{ENT OS' THE
COUNTY SOLID WASTE MANAGEMENT FIJI\D AND THE
COUNTY SCLIDWASTE MANAGEMENT FUND B6ARb

4-Establishment and managernent of the County Solid
.
Waste

S-Functions of the Fturd
6-Powers of the Fund
7-Establishrnent of the County Solid Waste lvlanagemerrt Board
8-Functions of the Board
9-Powers of the Board
l&-Meetings of the Board

PART III:REGISTRATION ANDLICENSING OF SOLID
WASTE MANAGEMENT MATTERS

I l--Solid waste management licensing
l2-Application for a licence
l3-Issue of licences
l,l--Application for renewal of a licence
15---Cohditions of a licence

I 7-Surrender of licence
l8-Appeals
l9--Offences

PART IV-FINANCIAL PRO\rISIONS,'
2G--Financial year
2l-Annual estimates
22-Accounts and Audit
23-Annual Report ':

PART V-MISCELLAI\EOUS PROVISIONS

25-Ceneral Penalty


2 The Nakuru County Solid Waste Monagement Fund Bill, 2014

THE NAKURU COUNTY SOLID WASTE
MANAGEMENT FUND BLLL, 2014

A Bill for

AN ACT of the Nakuru County Assembly to
provide for the establishment of the County

'Solid Waste Management. Fund, establish the
necessrry institutional and regulatory
mechanisms and for connected purposes.

ENACTED by the Nairobi County Assembly as'
follows-

PART I_PRELIMINARY
1. This Act rnay be cited as the Nakuru County Solid shorttitle

Waste Management Fund Act,20l4.

2. In thiS ACt- Interpretation
"Board" means County Solid Waste Management

Fund Board established under section 6;

"Director"' means the Director appointed under
section 4;

"Executive Member" means the County Executive
Committee Member responsible for matters relating to
solid waste management;

"Fund" means Solid Waste Management Fund
established under section 4;

"solid waste" includev-

(a) County Council sblid waste;
(b) Town solid waste;
(c) agricultural and animal waste;
(d) constnrction and demolition waste;
(e) treatment waste; and
(f) medical waste.
3. The object of this Act is to- object of the Act
(a) create the necessary institutional framework

required to have an efficient solid waste
' management system in the county;


The Nokuru County Solid Waste Management Fund Bill, 2014

(b) promote an environmentally friendly county that
will reduce health risks associated with a
polluted environment; and

(c) encourage citizens to take responsibility for their
environment

PART II ESTABLISHMENT AND
MANAGEMENT OF THE COUNTY SOLID WASTE
MANAGEMENT FIJI\D ANI"D THE COUNTY SOLD
WASTE MANAGEMENT FT]ND BOARD

4. (1) There is established a Fund to be known as the
County Solid Waste Management Fund.

(2) The Fund consists of-
(a) such monies as may be appropriated by the

Cgunty Assembly for the purposes of the Board;

(b) such monies as may be payable to ,the Board
pursuant to this Act or any other written law;

(c) grants, gifts, donations or otli'er endowments
given to the Fun{; and

(d) monies from any other source provided or
donated or lent to the Fund.

(3) There shall be paid out.of the Fund-
(a) all payments which are due as provided under

this Act;

(b) the expenses incurred in the administation of
the Fund; and

(c) any other matter incidental to the matters stated
in paragraphs (a) and (b).

(a) The County Public Service Board shall ensure that
the Fund has adequate human resource to onable it carry
out the functions assigned under this Act.

(5) The human resource referred to in subsection (4)
shall include the appointment of the Director who shall be

(a) the administrator of the Fund; and
O) responsible for the regulation and licensing ef

Establishment
and management
of the County
Solid Wsstc
Management
Fund

r
i

t

't
I

I

:


The Nakuru County Solid Waste Management Fund Bill,2014

matters relating to solid waste.

5. The Fund shall*
(a) prepare the County Solid Waste Management

Framework; :
(b) implemont the Local Wa,ste Managernent Plan;
(c). ensu:re that the wrasie is collected, stored,

transported, recycled,,,re-used or disposed of in
an environrnentally sound rnanner and

(d) ,prornote safqty standards. in relation to solid
waste;

(e) promote public awareness on the ,irnportance of
fficient solid waste manage,men;t;

(0 foster understanding of the inrportance of
,efficient solid waste r,nanagement to the
conservation, protectiotr and proper use of the

. environment; and
(g) perform any other functions assigned ,to it under

this Act.

'6. The Fund shall have allthe 'ndcessary powers for
the execution of its functions undsr this Act.

7. (l) There is established'the County Solid Waste
Management Board.

'(2) The:Board shall be composed of-
,(a) the Chief rOfficerfor.the-time being'responsible

for matters relating to solid waste management
'who shall be the C[airperson;

(b) the Chief Officer for the time being responsible
for matters relating to the environmen,t or A
representative appointed in writing by the Chief
Officer;

(c) the Chief Offiaer for the time being responsibl.e
for maffers relating to public works or a
representative appointed in writing'by the Chief
Offrcer;

(d) the Chief Officer for the time being responsible
for matters relating to trade or a representative

Functions of the
Fund

Powers of the
Fund

Establishment of
the County Solid
Waste
Management
Board


.The Nqkuru County Solid Waste Management Fund Bill, 2014

appointed,in writing by the Chief Officer;

(e) a repr€sentative of the Natioaal Envirqnment
". Management Authorify;

(0 a representative of the private sector; 4nd
(g) a repre-sentative of Non-Governmental

Olganizations dealing with solid waste
,m4nagement.

(3) The ,Director referred to in section 4 shall,be the
,Secretary to the Board.

,8.,.1t shall ,be ,the duty of ,the .Board .to ensure a
poordinatpd,,e,fflc.i.ent, sffective and consultative anproach
in management.of solid waste.

(2) Io achieve,the.objec(ives ,$et out under subsection
(l), the Board shall-

(a) formulgte policies:relating to the management of
solid waste;

(b) a,pp.rove,the Local Waste Ivlanagement Plan in
accordance with its guidelines;

(c) monitor, evaluate and review implementation of
tholocal Waste Management Plan;

(d) mobilizp resources for purposes of efficient
:rnanagement of.solid waste;

(e) advise the County Executive Committee on
matters of general policy; and

(f) perfoirn any other functions assigned to it under .
this Act.

9. The Board shall have all the necessary powers for Powers of the
the execution of its functions under this Act-.-'

E - " --- --- Board

10. (l) The'Board shall meet at least once every threg Meetings of the
mOnthS.'-

-'--r' ----{ Board

(2) Subject tp the provision of this Part, the Board
may regulate its own procedure.

PART III-REGISTRATION AND LICENSING
OF SOLIE .WASTE .TIANAGEMENT MATTERS

11. (l).No person shall maintain or operate a solid lo.lX*.*",Iu"'

Functions of the
Board

r
l

I

I
I

I

I
I

I


The Nakuru County Solid llaste Management Fund Bill, 2014

waste management establishment unless it is registered licensing
and licensed in accordance with this Act.

(2) For the purposes of this part "solid waste
management establishment" means any establishment that
collects, transports, processes, disposes, manages or
monitors solid waste.

(3) A person who contravenes subsection (l) commits
an offence and upon conviction is liable to a fine not
exceeding two million or to an imprisonment term of four
years or both.

12. (1) An application for a licence under this Part
shall be in writing to the Director and in the prescribed
form and,shall be accompanied by the prescribed fee.

(2) The Director may-
(a) issue a ]icence, in accordance with this Act;
(b) refuse to issue the licence on any ground which

may appear to the Director to be sufficient and
inform the applicant, in writing, the reasons; or

(c) cancel, vary or suspend any licence if, in the
finding of the Director, the licence is found to
have contravened the Act for the operation of the
solid waste management establishment.

_ .13. (1) The Director shall issue licences to applicants
subject to such lawful conditions as the Direclor may
determine.

(2) Every licence shall speciff the premises upon
which the business specified in the licence may be carried
o,n'

(3) The Director, after consultation with the
Executive Committee Member, shall prescribe the fees
payable for the issue of licences under this Act.

($ The Director shall, at least thirty days before
granting a licence under this Act, give notice of the
proposed grant in the County Gazelte and in such other
manner as the Director may determine.

(5) The notice referred to in subsection (3) shall-
(a) speciff the nanle or other particulars of the

Application for a
licence

lssue oflicences


The Nakuru County Solid Waste Management Fund Bill, 2014

person or class of persons to whom the licence is
to be granted;

(b) state the purpose for the proposed licence and
indicate the date such licence is proposed to be
issued to the successful applicant; and

(c) invite objections to the proposed grant of licence
and direct that such objections be lodged with
the Director within fourteen days next following
the date of the notice.

(6) The Director may after considering the objections,
if any, made under this section, grant the licence applied
for, subject to such terms and conditions as may be
specified in the licence.

(7) The issuance of a licence to an applicant under
this Act shall not be withheld without reasonable chuse.

(8) A licence issued under this Act is not transferable.

(9) The Director shall ensure that an updated register
is kept and maintained for all licences issued pursuant to
this part.

14. (l) An application for the renewal of a libence
under this Act shall be made to the Director not later than
the first day of the month of June in which the current
licence is due to expire.

(2) Despite subsection (l), a late application may be
made upon payment of a late application fee as may be
prescribed by the Director.

15. (1) A licence issued under this Act shall'be
subject to such conditions as the Director may determine
and as are specified in the licenoe.

(2) The Director may at any time during *re validity
of a licence-

(a) vary the conditions of the licence; or
O) impose conditions or further conditions on the

licence.

15. The Director may revoke, alter or suspend a
licence issued under this Act if--

(a) an offence under this Act or in respect of the

Applicatiqn
renewal of
licende

for
a

Conditions of a
licence

Revocafion,
alteration
suspension
licence

or
of


The Nakuru County Solid ll/aste Management Fund Bill, 2014

lieensed activlty under any other written law, has
been committed by the licence holder or any
employee ofthe licence holdor; or

(b) a oondition of the licence has, been contravened
or not complied with.

17. (l) The holder of a licence which is revoked shall
immediately surrender it to the Director.

(2) A licence holder may, at any time, surrender ,the
licence to the Director aud the licence shall cease to have
ef,fect forthwith.

18. ,A,n applicant for or the holder of a licence who is
aggrieved by a decision ofthe Director on-

(a) the grant, refusal, renewal, variation ,or
revocation;,or

(b) the conditions imposed on the grant, renewal or
variation, of a .licence, firay appeal to .the
Executive Committee M.ember.

19. A person who-
(a) . burns solid waste without a permit;

(h) interferes with a dumpsite or a landfill;
(c) interferes with a drainage system;
(d) .littbrs iri a public area; or
(e) passes wasie matter in a public area; commits an

offence and is liable, on convictiou, to a f,tne not
exceeding one hundred thousand or to
imprisonment for a term not exceeding one year
or both.

PAR.T IV-FINANCIAL PROVISIONS
20. The financial year of the Fund shall be the period

of twelve months ending on the thirtieth June in each year.

, 21. (l) At least three months before the
commencement of each financial year, the Board shall
cause to be prepared estimales of the revenue and
expenditure of the Fund for that fiqancial yeai.

(2) The annual estimates shall make provision for all
. the estimated expenditure of the Fund for the financial

Surrender ol
licence

Financial y.ear

Annual estirnates


The.Nakuru Coanty Solid l{aste Management Fund Bill, 2014

. year concerned and, in particular, shall provide for the-
(a) payrnent of the salaries, allowances and other

furges in respect of the Board rnembers, staff or
agents ofthe Fund;

(b) payment of, pensions, gratuities and other
charges and in respect.of benefits which are
payable out of the funds of the Fund;

(c) ttre maintenance of the buildings and grounds of
the Fund;

(d) reserve funds to meet future or contingent
,liabilities in relation to retirernent benefits,
insurance or replacement of buildings or
equiprr,rent;.and

(e) any'other expenditure necessary or required for
the purposes ofthis Act.

(3) The annual estimates shall be approved by the
Board before the commencernent of the financial year to
.which they relate and forwarded to the Executive
Connmittee Mernber for tabling before the relevant County
Assembly Committee. ,

22. (l) The Board shall cause to,be kep proper books
.and ,records of account of the income, expendifure, assets
and liabilities.

(2) Within a period of three months after the end of
each financial year, the Board shali submit to the Auditor-
General the accounts of the Fund in respect of that year
together with-

(a) a statement of the income and expenditure of the
Fund during that year; and

(b) a statement of the assets and liabilities of the
Fund on the last day ofthat financial year.

(3) The annual accounts of the Fund shall be -
prepared, audited and reported upon in accordance with
the 'provisions of Articles 226 and 229 of the Constitution
and the law relating to public audit.

. 23. (l) The Board shall, at the end of each financial
year cause an annual report to be prepared.

Acsounts and
Audit

Annual Report


l0 The Nafurulpounty Solid lYaste Managemenl Fund Bill, 2014

(2) Without {imiting what may be included in the
annual report, the annual report shall include-

(a) the audited financial report of the Fund;
O) description of the activities of the Fund;
(c) such othel statistical information as the Fund

may consider appropriate relating to the Fund's
functions;

(d) the impact'of the exercise of any of its mandate
or function;

(e) any impediments to the achievements of the
objects dnd functions of the Fund;

(0 such other infbrmation as the Executive
Committee Member may direct; and any other
information relating to its functions t[rat the
Board considers necessary.

(3) The Board shall submit the annual report to the
Governor three months after the end of the year to which it
relates.

(4) The annual report shall be published and
publicized in a manner that the Fund may determine.

PART V-MISCELLAI\IEOUS PROYISIONS

24.The Executive Committee Member iloy, in Regulations
consultalion with the Chairperson of the Board, make
regulations generally for the better carrying out into effect
of any provisions of this Act.

(1), such regulations may prescribe the-
(a) forms of applications, notices, licences and other

documents for use under this Act;

O) fees payable under this Act;
(c) such other matters as the Fund considers

necessary.

25. ,4, person who contavenes any provision of this Gcneral Penaltv
Act for which no,other penalty is prescribed, commits an
offence.and i.s liable, on conviction, to a fine not exceeding
one million shilling or to a term of imprisonment not
exceeding two years or to both.


,:

The Naturu County Solid llaste Managonent Fund Bitt, 201!

MEMORANDUM OF OBJECd' *' REASONS
The principal purpose qf this Bili is to create the necessary

institutional framework reqtlirgd to have an efficient solid waste
management system in the county and promote an environmentally
friendly county that will reduce health risks associated with a, polluted
environment by encouraging citizens to take responsibility for their
environment

Part I (Clauses 1-3) contains preliminary matters

Clauses I and 2 provide for the short fitle of the Bill and
interpretation of terms respectively while clause 3 provides for the objects
of the Bill.

Among the terms interpreted in clause 2 is "solid waste". This clause
also interprets other terms as used in the Bill.

Part II (Clauses 4-10) provides for the establishment and
m:rragement of the Coirnty Solid Waste Management Fund and the
County Solid Waste Management Fund Board. Clause 4 establishes a
Fund io be known as the County Solid Waste Management Fund while
clause 5 sets out its functions, Clause 6 provideq for powers for the
execution of the Fund under this Act. Clause 7 establishes the County
Solid Waste Management Board with itp members Jisted in that section.
The functions and powers of the Board are set out in clause 8 and 9
respectively. Clause 10 provides for meetings of the Board. It states that
the Board shall meet at least once every three mqnths.

Part Ifi (Clauses 1f-19) provides for the regisfiation and licensing
of solid waste management matters.

Clause I I provide for solid waste management licensing *trite clause
12 provides for application for the licence. Clause 13 deals with the
issuance of licences to applicants while clause 14 provides for application
of renewal of a licence. There is a requirement for payment of prescribed
fee by an applicant if the renewal of licence application is late. Clause 15
provides for cbnditions of licence while clause 16 provide forrevocation,
alteration or suspension of a licence. Clause 17 states that the holder of a
suspended licence should surreider it to the Director and it ceases to have
effect. Clause 18 gives a person aggrieved by the decision of the Director
the right to appeal to the Executive Committee. Clause 19 is on offences.

Part IV (Clauses 20-23') sets out financial provisions

Clauses 20 provide that the financial year of the Fund will be the
period of twelve months ending on the thirtieth June in each year. Clause.
2l makes provision for annual estimates. It states that, the Board will

ll


t2 The Nakrmt Cotmty Solid l{aste Management Fund Bill, 2014

prepare estimates of the revenue and expenditure of the Fund for that
finaneial year. Clause 2Z.requires the Board to maintain proper books and
records of account of the income, expenditure, assets and liabilities. This"
clause also requires that the annual accounts of the Fund should be
prepared, audited and reported upon in accordance with the provisions of
Articles 226 and, 229 of the Constitution and the law relating to public
audit. Clau6e 23 requires the Board to prepare an annual report at the end
ofeach financial year.

Part VI (Clauses 24-25)sets out the miscellaneous provisions

Clause 24 gives the Executive Committee Member, in consultation
with the Chairperson of the Board, power to make regulations, while
Clause 25 provide for a general penalty. This provides for instances when
an offence is provided without a penalty.

The enactment of this Bill will occasion additional expenditure of
public funds which shall be provided for through the estimates.

Dated the 15th April,2014

HOI{. DAVID KIPKOEqH MALEL
Chbirperson Environment Committee.


.


SPECIAL ISSUE
Nakuru County Gazette Supplement No. 8 (Bills No. 7)


REPUBLIC OF KENYA

NAKURU COUNTY GAZETTE
SUPPLEMENT

BILLS, 2014


NAIROBI, 17th April, 2014


CONTENT

Bill for Introduction into the Nakuru County Assembly —

The Nakuru County Solid Waste Management Fund Bill, 2014.0... ee 1 -


PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER, NAIROBI


tiatiiiati


THE NAKURU COUNTY SOLID WASTE MANAGEMENT FUND
BILL, 2014.

ARRANGEMENT OF CLAUSES ©
Clauses
PART I—PRELIMINARY
1—Short title me oo
2—Interpretation
3—Object of the Act
PART II—ESTABLISHMENT AND MANAGEMENT OF THE

COUNTY SOLID WASTE MANAGEMENT FUND AND THE
COUNTY SOLID WASTE MANAGEMENT FUND BOARD

4—Establishment and management of the County Solid Waste
Management Fund

5—Functions of the Fund
6—Powers of the Fund

-T—Establishment of the County Solid Waste heomecnent Board

8—Functions of the Board
9—Powers of the Board

10—Meetings of the Board

PART ITI—REGISTRATION AND LICENSING OF SOLID
WASTE MANAGEMENT MATTERS

11—-Solid waste management licensing
12—Application for a licence -
13—Issue of licences
14—Application for renewal of a licence
15—Conditions of a licence
16—Revocation, alteration or suspension of licence
17—Surrender of licence
18—Appeals
19—Offences
PART IV—FINANCIAL PROVISIONS”

20—Financial year
21—Annual estimates
22—Accounts and Audit
23-—Annual Report

~ PART V—MISCELLANEOUS PROVISIONS
24—Regulations
25—General Penalty


2 The Nakuru County Solid Waste Management F: und Bill, 2014


THE NAKURU COUNTY SOLID WASTE
MANAGEMENT FUND BILL, 2014

A Bill for

AN ACT of the Nakuru County Assembly to
provide for the establishment of the County
‘Solid Waste Management Fund, establish the
necessary institutional and regulatory
mechanisms and for connected purposes.

ENACTED by the Nairobi County Assembly as:
follows—

PART I—PRELIMINARY

1. This Act may be cited as the Nakuru County Solid: Short title
Waste Management Fund Act, 2014.

2. In this Act— Interpretation

“Board” means County Solid Waste Management
Fund Board established under section 6;

“Director” means the Director appointed under
section 4;

“Executive Member” means the County Executive
Committee Member responsible for matters relating to
solid waste management;

“Fund” means’ Solid Waste Management Fund
established under section 4;

“solid waste” includes— ~

(a) | County Council solid waste;

(b) Town solid waste;

(c) agricultural and animal waste;

(d) construction and demolition waste;

(e) treatment waste; and

(f) medical waste.

3. The object of this Act is to— Object of the Act

(a) create the necessary institutional framework
required to have an efficient solid waste
’ management system in the county;


SE SS

The Nakuru County Solid Waste Management Fund Bill, 2014 3


(b) promote an environmentally friendly county that

will reduce health risks associated with a
polluted environment; and

(c) encourage citizens to take responsibility for thei

environment.

PART II — ESTABLISHMENT AND
MANAGEMENT OF THE COUNTY SOLID WASTE
MANAGEMENT FUND AND THE COUNTY SOLID
WASTE MANAGEMENT FUND BOARD

4. (1) There is established a Fund to be known as the
County Solid Waste Management Fund.

(2) The Fund consists of—

(a)
(b)
(c)
(d)

such monies as may be appropriated by the
County Assembly for the purposes of the Board;

such monies as may be payable to the Board
pursuant to this Act or any other written law;

grants, gifts, donations or other endowments
given to the Fund; and

monies from any other source provided or
donated or lent to the Fund.

(3) There shall be paid out of the Fund—

(a)
(b)
(c)

all payments which are due as provided under
this Act;

the expenses incurred in the administration of
the Fund; and

any other matter incidental to the matters stated
in paragraphs (a) and (b).

(4) The County Public Service Board shall ensure that
the Fund has adequate human resource to enable it carry
out the functions assigned under this Act.

(5) The human resource referred to in subsection (4)
shall include the appointment of the Director who shall be

(a) the administrator of the Fund; and
(b) responsible for the regulation and licensing of

Establishment
and management
of the County

Solid Waste
Management
Fund


The Nakuru County Solid Waste Management Fund Bill, 2014


5. The Fund-shall—_

(a) prepare the County Solid Waste Management
Framework;

(b) implement the Local Waste Management Plan;

(c). ensure that the waste is collected, stored,
transported, recycled,.re-used or disposed of in
an environmentally sound manner and

(d). promote. safety standards. in relation to solid

. “waste;

(e) promote public awareness on the importance of
efficient solid waste RumRgenaee;

(f) foster ‘understanding - of the importance of
efficient solid waste management to the
conservation, protection and proper use of the

_ environment; and
(g) perform any other functions assigned to it under

matters relating to solid waste.

this Act.

6. The Fund-shall have all the necessary powers for
the execution of its functions under this Act.

7.(1) There is established ‘the County Solid Waste’

Management Board...
(2) The Board shall be composed of—

(a)

(b)

(c)

(d)

the Chief Officer forthe-time being responsible
for matters relating to solid waste management
who shall be the Chairperson;

the Chief Officer for the time being responsible

for matters relating to the environment or a
representative appointed in writing by the Chief
Officer;

the Chief Officer for the time being responsible

for matters. relating to public works or a.

representative appointed in writing ‘by the Chief
Officer;

the Chief Officer for the time being responsible
for matters relating to trade or a representative

Functions of the
Fund

Powers .of the

Fund

Establishment of
the County Solid
Waste

‘Management

Board


pinion: -- iil

nom ppsepaeeiNiomili am tein teemttattspent teatime deceit


ead cael


. The Nakuru County Solid Waste Management Fund Bill, 2014 5


(e)

(f)
(g)

appointed in writing by the Chief Officer;

a representative of the National Environment

.. Management Authority;

a representative of the private sector; and

a representative of |§ Non-Governmental
Organizations dealing with solid waste
management.

(3) The Director referred to in section 4 shall be the

Secretary to the Board.

8. It shall be the duty of the Board to ensure a
coordinated, efficient, effective and consultative approach
in management of solid waste.

(2) To achieve the objectives set out under subsection
(1), the Board shall—

“ (a)
(b)
(c)
(d)
(e)
(f)

formulate policies relating to the management of
solid waste;

approve the Local Waste Management Plan in
accordance with its guidelines;

monitor, evaluate and review implementation of
the-Local Waste Management Plan;

mobilize resources for purposes of efficient
management of solid waste;

advise the County Executive Committee on
matters of general policy; and

perform any other functions assigned to it under .

this Act.

9. The Board shall have all the necessary powers for
the execution of its functions under this Act.

10. (1) The Board shall meet at least once every three

months.

(2) Subject to the provision of this Part, the Board
may regulate its own procedure.

PART III—REGISTRATION AND LICENSING
OF SOLID WASTE MANAGEMENT MATTERS

11. (1) No person shall maintain or operate a solid

Functions of the
Board

Powers of the
Board

Meetings of the
Board

Sokid waste
management


6 The Nakuru County Solid Waste Management Fund Bill, 2014

waste management establishment unless it is registered
and licensed in accordance with this Act.

(2) For the purposes of this part "solid waste
management establishment" means any establishment that
collects, transports, processes, disposes, manages or
monitors solid waste.

(3) A person who contravenes subsection (1) commits
an offence and upon conviction is liable to a fine not
exceeding two million or to an imprisonment term of four
years or both.

12. (1) An application for a licence under this Part
shall be in writing to the Director and in the prescribed
form and,shall be accompanied by the prescribed fee.

' (2) The Director may—
(a) issue a licence, in accordance with this Act;

(b) refuse to issue the licence on any ground which
may appear to the Director to be sufficient and
inform the applicant, in writing, the reasons; or

(c) cancel, vary or suspend any licence if, in the
finding of the Director, the licence is found to
have contravened the Act for the operation of the
solid waste management establishment.

_ -13. (1) The Director shall issue licences to applicants
subject to such lawful conditions as the Director may
determine.

(2) Every licence shall specify the premises upon
which the business specified in the licence may be carried
on.

(3) The Director, after consultation with the
Executive Committee Member, shall prescribe the fees
payable for the issue of licences under this Act.

(4) The Director shall, at least thirty days before
granting a licence under this Act, give notice of the
proposed grant in the County Gazette and in such other
manner as the Director may determine.

(5) The notice referred to in subsection (3) shall—

(a) specify the name or other particulars of the

licensing

Application for a
licence

Issue of licences

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. ail ete A nc, ntesematietibihiehtns aia Mian mene


The Nakuru County Solid Waste Management Fund Bill, 2014


person or class of persons to whom the licence is
to be granted;

(b) state the purpose for the proposed licence and
indicate the date such licence is proposed to be
issued to the successful applicant; and

(c) invite objections to the proposed grant of licence
and direct that such objections be lodged with
the Director within fourteen days next following
the date of the notice.

(6) The Director may after considering the objections,
if any, made under this section, grant the licence applied
for, subject to such terms and conditions as may be
specified in the licence.

(7) The issuance of a licence to an applicant under
this Act shall not be withheld without reasonable cause.

(8) A licence issued under this Act is not transferable.

(9) The Director shall ensure that an updated register
is kept and maintained for all licences issuec pursuant to
this part.

14. (1) An application for the renewal of a litence
under this Act shall be made to the Director not later than
the first day of the month of June in which the current
licence is due to expire.

(2) Despite subsection (1), a late application may be
made upon payment of a late application fee as may be
prescribed by the Director.

15.(1) A licence issued under this Act shall‘ be
subject to such conditions as the Director may determine
and as are specified in the licence.

(2) The Director may at any time during the validity
of a licence—

(a) vary the conditions of the licence; or

(b) impose conditions or further conditions on the
licence.

16. The Director may revoke, alter or suspend a
licence issued under this Act if—

(a) an offence under this Act or in respect of the

Application
renewal of
licence

for

a

Conditions of a

licence

Revocation,
alteration
suspension
licence

or
of


8 . The Nakuru County Solid Waste Management Fund Bill, 2014


licensed activity under any other written law, has
been committed by the licence holder or any
employee of the licence holder; or

(b) a condition of the licence has. been contravened
or not complied with.

17. (1) The holder of a licence which is revoked shall
immediately surrender it to the Director.

(2) A licence holder may, at any time, surrender the
licence to the Director and the licence shal] cease to have
effect forthwith.

18. An applicant for or the holder of a licence who is
aggrieved by a decision of the Director on—

(a) the grant, refusal, renewal, variation or
revocation; or

(b) the conditions imposed on the grant, renewal or
variation, of a licence, may appeal to the
Executive Committee Member.

19. A person who—

(a) - burns solid waste without a permit;

(b) interferes with a dumpsite or a landfill;
(c) interferes with a drainage system;

(d) litters ina public area; or

(e€) passes waste matter in a public area; commits an
offence and is liable, on conviction, to a fine not
exceeding one hundred thousand or to
imprisonment for a term not exceeding one year
or both.

PART IV—FINANCIAL PROVISIONS

20. The financial year of the Fund shall be the period
of twelve months ending on the thirtieth June in each year.

.21.(1) At least three months before the
commencement of each financial year, the Board shall
cause to be prepared estimates of the revenue and
expenditure of the Fund for that financial year.

(2) The annual estimates shall make provision for all
_. the estimated expenditure of the Fund for the financial

Surrender of
licence

Appeals

Offences

Financial year

Annual estimates


sl


The. Nakuru County Solid Waste Management Fund Bill, 2014 9


. year concerned and, in particular, shall provide for the—

(a) payment of the salaries, allowances and other
charges in respect of the Board members, staff or
agents of the Fund;

(b) payment of pensions, gratuities and other
charges and in respect of benefits which are
payable out of the funds of the Fund;

(c) the maintenance of the buildings and grounds of
the Fund;

(d) reserve funds to meet. future or contingent
liabilities in relation to retirement benefits,
insurance or replacement of buildings or
equipment; and

(e) any other expenditure necessary or required for
the purposes of this Act.

(3) The annual estimates shall be approved by the
Board before the commencement of the financial year to
which they relate and forwarded to the Executive
Committee Member for tabling before the relevant County
Assembly Committee.

22. (1) The Board shall cause to be kept proper books
and records of account of the i income, expenditure, assets
and liabilities.

(2) Within a period of three months after the end of
each financial year, the Board shall submit to the Auditor-
General the accounts of the Fund in respect of that year
together with-—

(a) a statement of the income and expenditure of the
Fund during that year; and

(b) a statement of the assets and liabilities of the
Fund on the last day of that financial year.

(3) The annual accounts of the Fund shall be ~

prepared, audited and reported upon in accordance with
‘the provisions of Articles 226 and 229 of the Constitution
and the law relating to public audit.

23.(1) The Board shall, at the end of each financial
year cause an annual report to be prepared.

Accounts and
Audit

Annual Report


10 The Nakuru County Solid Waste Management Fund Bill, 2014


(2) Without Jimiting what may be included in the
annual report, the annual report shall include—

(a) the audited financial report of the Fund;
(b) description ofthe activities of the Fund;

(c) such other statistical information as the Fund
may consider appropriate relating to the Fund's
functions;

(d) the impact of the exercise of any of its mandate
or function;

(ec) any impediments to the achievements of the
objects and functions of the Fund;

(f) such other information as the Executive
Committee Member may direct; and any other
information relating to its functions that the
Board considers necessary.

(3) The Board shall submit the annual report to the
Governor three months after the end of the year to which it
relates.

(4) The annual report shall be published and
publicized in a manner that the Fund may determine.

PART V—MISCELLANEOUS PROVISIONS

24. The Executive Committee Member may, in
consultation with the Chairperson of the Board, make
regulations generally for the better carrying out into effect
of any provisions of this Act.

(2) Without prejudice to the generality of subsection
(1), such regulations may prescribe the—

(a) forms of applications, notices, licences and other
documents for use under this Act;

(b} fees payable under this Act;

(c) such other matters as the Fund considers
necessary.

25. A person who contravenes any provision of this
Act for which no,other penalty is prescribed, commits an
offence and is liable, on conviction, to a fine not exceeding
one million shilling or to a term of imprisonment not
exceeding two years or to both.

Regulations

General Penalty


ctbidintesatins


The Nakuru County Solid Waste Management Fund Bill, 2014 11


MEMORANDUM OF OBJECTS AND REASONS

The principal purpose of this Bill is. to create the necessary
institutional framework required to have an efficient solid waste
management system in the county and promote an environmentally
friendly county that will reduce health risks associated with a polluted
environment by encouraging citizens to take responsibility for their
environment.

Part I (Clauses 1-3) contains preliminary matters

Clauses 1 and 2 provide for the short title of the Bill and

interpretation of terms respectively while clause 3 provides for the objects
of the Bill.

Among the terms interpreted in clause 2 is “solid waste”. This clause
also interprets other terms as used in the Bill.

Part II (Clauses 4-10) provides for the establishment and
management of the County Solid Waste Management Fund and the
County Solid Waste Management Fund Board. Clause 4 establishes a
Fund to be known as the County Solid Waste Management Fund while
clause 5 sets out its functions. Clause 6 provides for powers for the
execution of the Fund under this Act. Clause 7 establishes the County
Solid Waste Management Board with its members listed in that section.
The functions and powers of the Board are set out in clause 8 and 9
respectively. Clause 10 provides for meetings of the Board. It states that
the Board shall meet at least once every three months.

Part III (Clauses 11-19) provides for the registration and licensing
of solid waste management matters.

Clause 11 provide for solid waste management licensing while clause
12 provides for application for the licence. Clause 13 deals with the
issuance of licences to applicants while clause 14 provides for application
of renewal of a licence. There is a requirement for payment of prescribed
fee by an applicant if the renewal of licence application is late. Clause 15
provides for conditions of licence while clause 16 provide for revocation,
alteration or suspension of a licence. Clause 17 states that the holder of a
. suspended licence should surrender it to the Director and it ceases to have
effect. Clause 18 gives a person aggrieved by the decision of the Director |
the right to appeal to the Executive Committee. Clause 19 is on offences.

Part IV (Clauses 20-23) sets out financial provisions

Clauses 20 provide that the financial year of the Fund will be the
period of twelve months ending on the thirtieth June in each year. Clause.
21. makes provision for annual estimates. It states that, the Board will


12 The Nakuru County Solid Waste Management Fund Bill, 2014


prepare estimates of the revenue and expenditure of the Fund for that
financial year. Clause 22. requires the Board to maintain proper books and
records of account of the income, expenditure, assets and liabilities. This
clause also requires that the annual accounts of the Fund should be
prepared, audited and reported upon in accordance with the provisions of
Articles 226 and 229 of the Constitution and the law relating to public
audit. Clause 23 requires the Board to prepare an annual report at the end
of each financial year.

Part VI (Clauses 24-25) sets out the miscellaneous provisions

Clause 24 gives the Executive Committee Member, in consultation
with the Chairperson of the Board, power to make regulations while
Clause 25 provide for a general penalty. This provides for instances when
an offence is provided without a penalty.

The enactment of this Bill will occasion additional expenditure of
public funds which shall be provided for through the estimates.

Dated the 15th April, 2014

HON. DAVID KIPKOECH MALEL
Chairperson Environment Committee.