Environmental Management and Coordination Amendment 2015 No5, Kenya 2015.pdf

SPECIAL ISSUE

Kenya Gazette Supplement No.74 (Acts No. 5)

REPUBLIC OF KENYA

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KENYA GAZETTE SUPPLEMENT

ACTS,2015

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The Environmental Management and Co-ordination

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THE ENVIRONMENTAL MANAGEMENT AND
CO-ORDINATION (AMENDMENT) ACT, 2015

No. 5 of 2015

Date of Assent: 27th May, 2015

Date of Commencement: ITth June,20l5

AN ACT of Parliament to amend the
Environmental Management and Co-ordination
Act,1999

ENACTED by the Parliament of Kenya, as follows-
1. This Act may be cited as the Environmental

Management and Co-ordination (Amendment) Act, 2015.
2. (1) The Environmental Management and Co-

ordination Act, 1999, in this Act referred to as the
"principal Act" is amended in section 2-

(a) by deleting the definition of "coastal zone"
and inserting the following new definition-

'coastal zone" means the
geomorphologic area where the land
interacts with the sea comprising
terrestrial and marine areas made up of
biotic and abiotic components or
systems coexisting and interacting with
each other and with socio-economic
activities;

(b) by deleting the definition of "District
Environment Committee";

(c) by deleting the definition of "District
Environment Action Plan";

(d) by deleting the definition of "Provincial
Environment Committee";

(e) by deleting the definition of "exclusive
economic zone" and inserting the following
new definition-
"exclusive economic zone" has the

meaning assigned to it by the United
Nations Convention on the Law of the Sea;

(0 by deleting the definition of "local
authority";

Short title.

Amendment
of section 2
of No. 8 of
1999.


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52

EnvironmentalManagementandCo-ordination(Amendment) 2015

(g) by deleting the definition of "natural
resources" and inserting the following new
definition-

"natural resources" has the meaning
provided under Article 260 of the
Constitution;

(h) by deleting the definition of "wetland" and
inserting the following new definition-

"wetland" means areas of marsh, fen,
peatland or water, whether natural or
artificial, permanent or temporary, with
water that is static or flowing, fresh,
brackish or salt, including areas of marine
water the depth of which at low tide does
not exceed six metres;

(i) by inserting, in proper alphabetical sequence,
the following new definitions-

"Cabinet Secretary" means the Cabinet
Secretary for the time being responsible
for matter relating to environment and
natural resources;

"continental shelf' has the meaning
assigned to it by the United Nations
Convention on the Law of the Sea;

"County Environment action plan" mean
a County Environment action plan
prepared under section 40;

"County Environment Committee"
means a committee established under
section 29;

"county government" has the meaning
assigned to it in section 2 of the County
Governments Act;

"environmental organization" means a
public benefits organization whose
objective is to conserve the environment
and natural resources and is duly
registered as a community based
organization, or a public benefits
organization;

No. 17 of20l2


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2015 Environmental Management and Co-ordination (Amendment) No. 5
"indigenous knowledge" means any
traditional knowledge of sources,
components, capabilities, practices and
uses of, and processes of preparation,
use and storage of plant and animal
species and their genetic resources;

"Ministry" means the Ministry for the
time being responsible for matters
relating to the environment";

natural resource agreements" means an
agreement which involves the grant of a
right or concession by or on behalf of
any person, including the national
government, to another person for the
exploitation of any natural resource in
Kenya;

"person" means a legal person;

"strategic environmental assessment"
means a formal and systematic process
to analyse and address the environmental
effects of policies, plans, programmes
and other strategic initiatives;

"traditional knowledge" means such
knowledge as may be socially and
culturally acquired within or without the
context of conventional education by
Kenyans; o'voluntary environmental
management" means the principle of
encouraging voluntary compliance in
conserving the environment and which
is a cost-effective and efficient method
of attaining compliance with
environmental regulations and of
encouraging innovative conservation
practices; and

"wildlife" has the meaning assigned to it
in the Wildlife Conservation and No.47 or20r3
Management Act.

(2) The principal Act is amended by deleting the
words in the first column and substituting therefor the
words in the second column wherever they appear in the
Act-


No.5

54

Environmental Management and Co-ordination (Amendment )

First Column

Minister

Chairman

Complaints Committee

District

District Environment Committee

High Court

Permanent Secretaries

Non-Governmental organizations

Second Column

Cabinet Secretary

Chairperson

Department

County

County Environment Committee

Environment and Land Court

Principal Secretaries

Public benefit organizations

2015

Amendment
of section 3
No.. 8 of 1999.

I

3. Section 3 of the principal Act is amended-
(a) in subsection (1), by inserting the words" in

accordance with the Constitution and
relevant laws" immediately after the words
"healthy environment" ;

(b) by inserting the following new subsection
immediately after subsection (2)-

"(2A) Every person shall cooperate with
state organs to protect and conserve the
environment and to ensure the ecological
sustainable development and use of natural
resources".

(c) in subsection (3), by-
(i) deleting the words " If a person alleges

that the entitlement conferred under
subsection (1) has been, is being or is
likely to be contravened in relation to
him" and substituting therefor the
words "If a person alleges that the
right to a clean and healthy
environment has been, is being or is
likely to be denied, violated, infringed
or threatened, in relation to him"; and

(ii) inserting the words "may on his behalf
or on behalf of a group or class of
persons, members of an association or
in the public interest" immediately
after the words "that person".


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Environmental Management and Co-ordination (Amendment)

4. The principal Act is amended by inserting rhe
following new section immediately after section (3)-

l::::':? - 3A. (1) Subjecr to the law relaring to accessrntormatron
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 subsection (1) shall apply to the
Authority or a lead agency and may be granted
access to such information on payment of the
prescribed fee.

5. The principal Act is amended by repealing section
4.

6. Section 5 of the principal Act is amended, by-
(a) deleting the word "Council" and

substituting therefor the words "Cabinet
Secretary,,; and

(b) inserting the following new paragraph
immediately after paragraph (c)-

(ca) provide evidence of public
participation in the formulation
of the policy and the
environmental aciion plan.

7. The principal Act is amended by repealing section
6.

8. The principal Act is amended by repealing section
8 and replacing it with the following new section-

Headquarters 8. The headquarters of the AuthonLy
shall be in Nairobi but the Authority sha l
ensure its services are accessible in all parts oi
the Republic.

Repeal of section
4ofNo.8of
1999.

Amendment of
section 5 of No. 8
of 1999.

Repeal of section
6ofNo.8of
1999.

Repeal and
replacement of
section 8 of No. 8
of 1999.

Amendment
of section 9 of
No.8 of 1999.

9. Section 9 (2) of the principal Act is amended-


56

No. 5 Environmental Managentent and Co-ordination (Amendment)

(a) by inserting the following new paragraph
immediately after paragraph (b)-*

(bb) audit and determine the net worth or
value of the natural resources in
Kenya and their utilization and
conservation;

(b) by deleting paragraph (c) and substituting
therefor the following new paragraph-

"(c) make recommendations to the
relevant authorities with respect to
land use planning;"

(c) by deleting paragraph (e);

(d) in paragraph (h), by deleting the words "and
coordinate" appearing immediately after the
word "undertake",

(e) in paragraph (m), by deleting the words
"environmental education and public awareness
about the need for sound environmental
management as well as for enlisting public
support and encouraging the effort made by
other entities in that regard" and substituting
therefor the words "environmental education,
public awareness and public participation";

(f) in paragraph (n), by inserting the word "develop"
immediately before the word "publish";

(g) in paragraph (o), by deleting the words
appearing immediately after the word
"protection";

(h) in paragraph (p), by deleting the words " issue
an annual" and substituting therefor the words
"submit to the Cabinet Secretary every two
years, and";

(i) by inserting the following new paragraphs
immediately after paragraph (p)-

(q) encourage voluntary environmental
conservation practices and natural
resource conserv4ncies, easements,
leases, payments for ecosystem
services and other such instruments
and in this regard, develop guidelines;

2015


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Environmental Manag,ement and Co-ordination (Amendment) No. 5

(r) work with other lead agencies to issue
guidelines and prescribe measures to
achieve and maintain a tree cover of
at least ten per cent of the land area
of KenYa; and

CI) by renumbering paragraph (q) as paragraph
(s).

10. Section l0 of the principal Act is amended-

(a) in subsection (1) (c) bY-
(i) inserting the words "who shall be the

Secretary to the Board" immediately
after the word "Director-Genera1" ;

(ii) deleting the word "President" and
substituting therefor the words
"Cabinet SecretarY from amongst
three persons selected by the Board
through a competitive recruitment
process",

(b) by deleting subsection (1) (d) and
substituting therefor the following new
subsection-

(1) (d) the Principal Secretary in charge
of finance or his rePresentative;

(c) by deleting subsection (1) (e) and
substituting therefor the following new
subsection-

(1) (e) six members, not being public
officers, apPointed bY the Cabinet
Secretary;

(d) by deleting subsection (1) (0 and
substituting therefor the following new
subsection-

(1) (f) the AttorneY General or his
representative;

(e) by inserting the following new subsection
immediately after subsection (3)-

(3A) Where the office of the Director -
General falls vacant, the Board may,
pending the appointment of a Director
General, appoint a person to act in that

Amendment
of section 10 of
No. 8 of 1999.


No.5

58

EnvironmentalManagementandCo-ordination(Amendment) 2015

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capacity provided that such appointment
shall not exceed a period of six months;

(0 bV deleting subsection (la) (c).
1L. Section 12 of the principal Act is amended by- frT::,1*"1!.,

(a) deleting the word "directly" and substituting
ActNo s or

therefor the words "direct any" ;

(b) by renumbering section 12 as section 12
( 1);

(c) by inserting the following new subsection
immediately after subsection (1)-

(2) Any person who fails to comply
with sub-section (1) commits an offence.

12. The principal Act is amended by repealing section Hfi:*:l,"
14 and replacing it with the following new section- ffi:,f:lff#"
Remuneration of 14. The Director-General and the
the Director-
General and Directors of the Authority shall be paid such
Directors salaries and allowances, as may, from time

to time, be determined by the Board on the
advice of the Salaries and Remuneration
Commission.

13. Section 23 of the principal Act is amended-
(a) in subsection (2) by deleting the word

"four" and substituting therefor the word
"three" and deleting the words
"(Corporations) or to an Auditor appointed
under this section."; and

(b) by deleting subsection (3) and substituting
therefor the following new subsection-

(3) The annual accounts of the Authority
shall be prepared, audited and reported
upon in accordance with the provisions
of Articles 226 and 229 of the
Constitution and the Public Financial
Management Act, 2012.

14. Section 24 of the principal Act is amended-
(a) in subsection (3)-

Amendment
of section 23 of
No. 8 of 1999.

No. 18 of20l2

Amendment
of section 24 of
No. 8 of 1999.


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59

Environmental Management and Co-ordination ( Amendment)

by deleting the words "shall be
vested in the Authority and, subject
to this Act";

by deleting the words "he deems fit"
and substituting therefor the words "
the Cabinet Secretary may prescribe,
upon the advice of the Salaries and
Remuneration Commission" ;

by inserting the words " and subject
to chapter Six of the Constitution"
immediately after the word
"management";

(b) by inserting the following new subsections
immediately after subsection (3)-

(3A) The Board referred to in
subsection (3) shall be known as the
Board of Trustees of the Trust Fund
and shall be a body corporate having
perpetual succession and a common
seal and may, in its corporate name,
sue and be sued.

(3B) The Trust Fund shall be
administered in the manner provided
for under a Trust Deed, and for the
purposes of this Act, the Trust Deed
shall be deemed to constitute the
rules and regulations that govern the
operations and functions of the
Fund.

15. Section 26 (2) of the principal Act is amended by
inserting the words "upon consultation with the National
Treasury" immediately after the words "Authority may".

16. Section 27 (l) of the principal Act is amended by
deleting the word "Council" and substituting therefor the
words "Cabinet Secretary".

17. Section 28(2) of the principal Act is amended-

(a) in subsection (2),hy deleting the r,vords-

(i) "Minister" and substituting
therefor the words " Cabinet

(i)

(ii)

No.5

Amendment
of section 26 of
No. 8 of 1999.

Amendment
of section 27 of
No. 8 of 1999.

Amendment
of section 28 of
No. 8 of 1999.

(iii) by inserting the words " and subject


60

No. 5 Environmental Management and Co-ordination (Amendment) 2015
Secretary"; and

(ii) "Council" and substituting
therefor the words "Cabinet
Secretary";

(b) in subsection (3), by deleting the words
"twenty-four" and substituting therefor the
word "six".

18.The principal Act is amended by repealing section
29 and replacing it with the following new section-

Repeal and
replacement of
section 29 of No.
8 of 1999.

County
Environmental
Committee.

29. (l) 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 Authority
whose area of jurisdiction falls
wholly or partially within the
county who shall be the
Secretary to the County
Environmental Committee;

(c) one representative for each of the
Ministries responsible for the
matters specified in the First
Schedule at the county level;

(d) two representatives of farmers or
pastoralists within the county to
be appointed by the Governor;

(e) two representatives of the
business community operating
within the concerned county
appointed by the Governor;

(f) two representatives of the public
benefits organizations engaged in
environmental management
programmes within the county


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Functions of the
County
Environment
Committee.

(a) equal opportunities for persons
with disabilities and other
marginalized groups; and

(b) that not more than two-thirds of
the members are of the same
gender.

(4) The members of the County
Environment Committee appointed under
paragraphs (c) to (g) of subsection (2) shall
hold office for a period of three years and
shall be eligible for re-appointment for one
further term.

19. The principal Act is amended by repealing section :"rr,:::::1,*
30 and replacing it with the following new section-

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Environmental Management and Co-ordination (Amendment) No. 5
appointed by the Governor in
consultation with the National
Federation of Public Benefit
Organizations; and

(g) a representative of every regional
development authority whose
area of jurisdiction falls wholly
or partially within the county.

(2) Appointments under this section
shall be made in consultation with the
relevant county organs that aie
representative of the nominees in the
county.

(3) The Governor, in making the
appointments under this section, shall
ensure-

30. The County Environment
Committee 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


62

Environmental Management and Co-ordination ( Amenclment)

(c) perform such additional
functions as are prescribed by
this Act or as may, from to
time, be assigned by the
Governor by notice in the
Gazette.

.20. The principal Act is amended in subsection (l) of
section 31 -

(a) !V deleting the words .,public Complaints
Committee" wherever they appear and
substituting therefor the words- .,National
Environmental Complaints Committee,,; and

(b) by deleting^ paragraph (d) and substituting
therefor the following new paragraph_
"(d) one person who has demonstrated
competence in environmental matters,
nominated by the Council of County Governors
and who shall be secretary to the Complaints
Committee".

21. Section 32 of the principal Act is amended by_
(a) deleting the words ,,Complaints Committee,,

wherever they appear and iubstituting therefor
the words "National Environmental C6mplaints
Committee";

(b) inserting rhe following paragraph immediately
after paragraph (b)-
(bb) undertake public inrerest litigarion on

behalf of the citizens in environmental
matters.

22. Section 33 is amended by deleting the lvords
"Complaints Committee" wherever they Lpp*o, ;a
substituting therefor the words "National Enviionmental
Complaints Committee".

T.T\" principal Act is amended by repealing secrion3l and replacing it with the following new sectionl

No.5

National
Environment Action
Plan.
National

20ts

Repeal and
replacement of
section 3l of No,
8 of I 999.

Amendment
of section 32 of
No.8 of 1999.

Amendment
of section 33 of
No. 8 of 1999.

Repeal and
replacenrent of
section 37 of No
8 of 1999.

37. (l) The Authority shall, within two
years of'the commencement of this Act ancl
every six years thereafter, formulate the


2015

County environment
action plan.

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Environmental Management and Co-ordination (Amendment) No. S
National Environmental Action Plan and
shall ensure that it has undertaken public
participation before the adoption of the Plan.

(2) The Authority shall submit the Plan
referred to in subsection (1) to the Cabinet
Secretary for approval.

(3) Upon the approval of the Plan, the
Cabinet Secretary shall submit it to the
National Land Commission and the Ministry
of Lands.

(a) The Cabinet Secretary shall publish
the National Environment Action Plan in the
Gazette.

(5) The Authority shall review the
National Action Plan every three years.

24. The principal Act is amended by repealing section
39.

25. The principal Act is amended by repealing section
40 and replacing it with the following new section-

Repeal of section
39 of No. 8 of
1999_

Repeal and
replacement of
section 40 of No.
8 of 1999.

40. (1) Every County Environment
Committee shall, within one year of the
commencement of this Act and every five
years thereafter, prepare a county
environment action plan in respect of the
county for consideration and adoption by the
County Assembly.

(2) Every County Environment
Committee, in preparing a county
environment plan, shall undertake public
participation and take into consideration
every other county environment action plan
already adopted with a view to achieving
consistency among such plans.

(3) The respective County Executive
Committee members of every county shall
submit the county environment action plan
referred to in subsection (1) to the Cabinet
Secretary for incorporation into the national


No.5

(4) The Authority shall consider every
county environment action plan and either
recommend incorporation of such plan into
the national environment action plan or
specify changes to be incorporated into a
respective county environmental plan.

(5) The Cabinet Secretary shall, on the
recommendation of the Authority, issue
guidelines and prescribe measures for the
preparation of environmental action plans.

26. The principal Act is amended by repealing secrion
4l and replacing it with the following new section-

contentsofcountv 41. Every county environment action
environment action
ptan. plan prepared under section 40 shall contain

provisions dealing with rnatters contained in
section 38 (a) to (i) in relation to rheir
respective county.

27. The principal Act is amended by inserting the
following new sections immediately after section 41-
Purposeor 4fA. (1) The purpose of environmental
Environmental Action
ffi. ""'"-'"'"""action plans is to co-ordinate and harmonise

the environmental policies, plans,
programmes and decisions of the national
and county governments, as the case rnay
be, in order to-

(i) minimize the duplicaticn of
procedures and functions; and
promote consistency in the
exercise of functions that may
affect the environment; and

(ii) secure the protection of the
environment across the country;
and

(iii) prevent unreasonable actions by
any person, state organ or

64

EnvironmentalManagementandCo-ordinatictn(Amendment) 2015

environment action plan referred to in
section 37.

Repeal and
replacement of
section 4l of No.
8 of 1999

Insertion of
section 4lA in
No.8 of 1999.


2015

Monitoring
compliance with
Environmental Plans.

65

Environmental Management and Co-ordinatictn (Amendment) No. 5
public entity in respect of the
environment that are prejudicial
to the economic or health
interests of other counties or the
country.

418. (l) 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 subsection (1) the
Authority is of the opinion that a plan is not
substantially being complied with, the
Authority shall serve a written notice to the
organ concerned, calling on it to take such
specified steps as the Authority may
consider necessary to remedy non-
compliance.

(3) Within thirty days of the receipt of
the notice referred to in subsection (2), the
organ shall respond to the notice in writing
setting out any-

(a) objections to the notice, if any;
(b) the action that will be taken to

ensure compliance with the
respective plan; or

(c) other information that the organ
considers relevant to the notice.

(4) After considering the representations
from the organ and any other relevant
inforrnation, the Authority shall. within
thirty days of receiving the response ref-erred
to in subseclion (3). issue a final notice--

(a) to contirm. amend or cancel the
notiee rcf*rred to in subsection
\2),

(b) to specify any action and a time
period rvithin which such action
shall be taken to rernedy non-
conrpliance.


66

EnvironmentalManagementandCo-ordination(Amendment) 2015

(5) The Authority shall keep a record of
all environmental action plans and ensure
that such plans are available for inspection
by the public.

28. Section 42 of the principal Act is amended -
(a) in subsection (1)-

(i) by deleting the words "Director
General" and substituting therefor
the word "Authority" and
inserting the word "sea" after the
word'lake';

(ii) by inserting a new paragraph
immediately after paragraph (g)
as follows-

(h) any other matter prescribed
by the Cabinet Secretary on
the advice of the Authority.

(b) in subsection (3), by deleting the words
"riverbanks" and "lake shores" and
substituting therefor the words "river basins"
and "lake basins" respectively;

(c) by inserting the following new subsection
immediately after subsection (4)-

"(4A) The Cabinet Secretary may
make Regulations prescribing for any
interest in or over land in the interests of
defence, public safety, public order, public
morality, public health, or land use
planning".

29. Section 43 of the principal Act is amended- lffif;:i"J".
(a) by deleting the words "riverbank" and "lake 8 or leee'

shores" and substituting therefor the words
"river basin" and "lake basin" respectively;

(b) by renumbering section 43 as section 43(l)
and inserting a new subsection immediately
after subsection (1) as follows-

(2) The Authority shall, in consultation
with the relevant lead agencies and
stakeholders, issue guidelines and

No.5

Amendment of
section 42 of No.
8 of 1999.


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Environmental Manag,ement and Co-ordination ( Amendment)

prescribe measures for co-management
of critical habitats within or around a
lake basin, wetland, forest or coastal
zone and such measures shall take into
account the interests of the local
communities resident therein.

No.5

Amendment of
section 45 of No.
8 of 1999.

Amendment of
section 48 of No.
8 of I 999.

No.7 of 2005

Amendment of
section 49 of No.
8 of 1999.

Amendment of
section 50 of No.
8 of 1999.

30. Section 45 of the principal Act is amended in
subsection (4) by deleting the words "Director-General
wherever they appear and substituting therefor the word
"Authority".

31". Section 48 of the principal Act is amended-

(a) in subsection (1), by-
(i) inserting the words "and the Forests

Act" immediately after the
expression "subsection (2)" ;

(ii) deleting the words "Director-
General" and substituting therefor the
word "Authority";

(b) by inserting the following new subsections
immediately after subsection (2)-

(3) Where a forested area is declared
to be a protected area under section 54(1),
the Cabinet Secretary may cause to be
ascertained, any individual, community or
government interests in the land and forests
and shall provide incentives to promote
community conservation.

(4) A person who contravenes any
conservation measure prescribed by the
Authority, or fails to comply with a lawful
conservation directive issued by the
Authority or its Environment Committee at
the counties commits an offence.

32. Section 49 of the principal Act is amended by
inserting the following new subsection immediately after
subsection (1)-

(2) Any measures undertaken under subsection
(1) shall comply with existing laws.

33. Section 50 of the principal Act is amended by
deleting the words "Authority shall, in consultation with


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68

Environmental Management and Co-ordination ( Amendment )

the relevant lead agencies" and substituting therefor the
words "Cabinet Secretary shall, on the advice of the
Authority".

34. Section 5l of the principal Act is amended by
deleting the words "The Authority shall, in consultation
with the relevant lead agencies" and substituting therefor
the words "The Cabinet Secretary shail, on the
recommendation of the Authority".

35. Section 52 of the principal Act is amended by
deleting the words "The Authnrity shall, in consultation
with the relevant lead agencies" and substituting therefor
the words "The Cabinet Secretary shall, on the
recommendation of the Authority".

36. Section 53 of the principal Act is amended-
(a) in subsection (1), by deleting the words

"The Authority shall, in consultation with
the relevant lead agencies" and substituting
therefor the words "The Cabinet Secretary
shall, on the recommendation of the
Authority": and

(b) in subsection (2)-
(i) by deleting paragraph (a) and

substituting therefor the following
new paragraph-

"(a) appropriate
arrangements for access to
biological resources, genetic
resources and ecological
services of Kenya by non-
citizens, including the issue
of licences and fees to be
paid for that access";

(ii) by inserting the following new
paragraphs immediately after
paragraph (e)-

(f) measures necessary for
the recognition, protection
and enhancement of
indigenous knowledge and
associated practices in the

2015

Amendment of
section 5l of No
8 of 1999.

Amendment of
section 52 ofNo.
8 of 1999.

Amendment of
section -53 of No.
8 of 1999.


2015

69

Environmental Manag,ement and Co-ordination (Amendment) No. 5

conservation of the
environment and natural
resources;

(g) measures necessary for
the protection of indigenous
knowledge of biodiversity
and genetic resources of
communities;

(iii) in paragraph (0, by deleting the
word "Authority" and substituting
therefor the words "Cabinet
Secretary"; and by renumbering
paragraph (f) as paragraph (h)."

37. Section 54 of the principal Act is amended, in Amendmentor
subsection (1) by-

r------f
;Tfi#"*"

(a) inserting the words " and in accordance with
the Constitution, the Convention on
Biological Diversity and other treaties
immediately after the word "agencies"; and

(b) inserting the word "forests" immediately
after the word "lake".

38. Section 55 of the principal Act is amended- *ffifg:!'J"
(a) in subsection (2), by deleting the words "as 8 or leee'

soon as practicable upon the commencement
of this Act, the AuthoritY shall, in
consultation with the relevant lead agencies,
prepare" and substituting therefor the words
"The Cabinet Secretary shall conduct";

(b) in subsection (3)-
(i) by deleting the word "Authority" and

substituting therefor the words
"Cabinet Secretary";

(ii) by deleting the word "two" and
substituting therefor the word "four' I

(c) by inserting the following new subsections
immediately after subsection (7)-

(8) Where any polluting or hazardous
substances are discharged, released or in


No.5

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EnvirorunentalManagementandCo-ordination(Amendment) 2015

any other way escape into the Coastal
Zone, any person responsible for
management of the polluting or hazardous
substances shall be liable-

(a) for any resultant damage; and
(b) for the cost of any measures

reasonably taken after the
release or escape for the
purpose of preventing,
reversing or minimising any
damage caused by such
discharge, release or escape;
and

(c) for any damage caused by any
measures so taken.

(9) Where there arises a grave and imminent threat or
danger of damage of discharge, release or escape of
polluting or hazardous substances into the Coastal Zone,
any person responsible for management of the polluting or
hazardous substances shall be liable-

(a) for the cost of any measures reasonably taken
for the purpose of preventing, minimising or
controlling any such damage; and

(b) for any damage caused by any measures so
taken.

39. Section 56 of the principal Act is amended- *IffH[.J.
(a) in subsection (1), by deleting the words 8orreee'

"Authority shall in consultation with the
relevant lead agencies," and substituting
therefor the words " Cabinet Secretary in
consultation with the Authority";

(b) in subsection (2), by deleting the words
"Authority shall, in consultation with the
relevant lead agencies," and substituting
therefor the words " Cabinet Secretary in
consultation with the Authority".

40. The principal Act is amended by inserting a new Insertion or
section immediately after section 56- iff:f:iffiil

(a)


2015

71

Environmental Management and Co-ordination ( Amendment)

Guidelinesonclimate 56 A. The Cabinet Secretary shall, in
change.- consultation with relevant lead agencies,

issue guidelines and prescribe measures on
climate change.

41.The heading to Part VI of the principal Act is
amended by deleting the words "Environmental Impact
Assessment" and substituting therefor the words
"Integrated Environmental Impact Assessment".

42. The principal Act is amended by inserting the
following new section immediately after the heading of
Part VI-

No.5

Amendment of
heading of Part VI
ofNo.8 of 1999.

Insertion of
section 57A in
No. 8 of 1999.

Strategic
Environmental
Assessment.

57A^. (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 level, or which are
prepared by an authority for
adoption through a legislative
procedure by Parliament,
Government or if regional, by
agreements between the
governments or regional
authorities, as the case may be;

(b) determined by the Authority as
likely to have significant effects
on the environment.

(3) All entities shall undertake or
cause to be undertaken the preparation of
strategic environmental assessments at their
own expense and shall submit such
assessments to the Authority for approval.

(4) The Authority shall, in
consultation with lead agencies and relevant


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Env ironme nkt I Ma na g e nte n t and C o - o rdin at io n ( Am endment )

stakeholders, prescribe rules and guidelines
in respect of Strategic Environmental
Assessments.

Section 58 of the principal Act is amended-

(a) by deleting subsection (2) and substituting
therefor the following new subsection-

(2) The proponent of any project
specified in the Second Schedule shall
undertake a full environmental impact
assessment study and submit an
environmental impact assessment
study report to the Authority prior to
being issued with any licence by the
Authority:

Provided that the Authority may direct
that the proponent forego the
submission of the environmental
impact assessment study report in
certain cases.

(b) in subsection (6), by deleting the words " in
consultation with the Standards
Enforcement and Review Committee",

(c) by inserting the following new subsection
immediately after subsection (6)-

(6,{) The Cabinet Secretary in
consultation with the Authority shall
make regulations and formulate
guidelines for the practice of
Integrated Environmental Impact
Assessments and Environmental
Audits.

(68) The Cabinet Secretary shall
make regulations for the accreditation
of experts on environmental impact
assessments.

(d) by inserting the following new subsection
immediately after subsection (9)-

(10) A person who knowingly
submits a report which contains

2015

Amendment of
section 58 of No.
8 of 1999.

43.


2015 Environmental Management and Co-ordinatiott (Amendment) No. 5
infbrmation that is false or
misleading commits an offence and
is liable on conviction, to a term of
imprisonment of not more than three
years, or to a fine of not more than
five million shillings, or to both such
fine and imprisonment and in
addition, his licence shall be
revoked.

44. Section 59 of the principal Act is amended by-
(a) deleting the words "for two successive

weeks in the Gazette and in a newspaper
circulating in the area or proposed area of
the project" and substituting therefor the
words "in the Gazette, in at least two
newspapers circulating in the area or
proposed area of the project and over the
radio":

(b) inserting the following new subsection
immediately after subsection (2)-
(3) The Authority shall ensure that its
website contains a summary of the report
referred to in subsection (l).

45. Section 64 of the principal Act is amended by
inserting the following new subsection immediately after
subsection (2)-

(3)Where the Authority has directed that a
fresh environmental impact assessment be
carried out, or that new information is
necessary from the project proponent, any
environmental impact assessment licence that
has been issued may be cancelled, revoked or
suspended by the Authority.

46. Section 67 of the principal Act is amended-
(a) by deleting subsection ( 1) and

substituting therefor the following new
subsection-

(1) The Authority may, after the
issuance of an environmental impact
assessment licence -

Amendment of
section 59 of No
8 of 1999.

Amendment of
section 64 of No
8 of 1999.

Amendment of
section 67 of No.
8 of I 999.


No.5

74

EnvironmentalManagementandCo-ordination(Amendment) 2015

(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.

(b) by inserting the following new
subsection immediately after subsection
(1)-

(1A) Where the Authority cancels,
revokes or suspends a licence in
accordance with this section, the
reasons for such action shall be given
to the licensee in writing.

47. Section 68(1) of the principal Act is amended by
inserting the words "or its designated agents" immediately
after the word "Authority".

48. Section 69 of the principal Act is amended Amendmentor
by inserting a new subsection immediaiely after subsection ;":f|!r?"*"'
(l) as follows-

(1A) Every lead agency shall establish an
environmental unit to implement the provisions of
this Act.

49. The principal Act is amended by repealing section
70.

50. The principal Act is amended by repealing section
7l and, replacing it with the following new section-

Amendment of
section 68 of No.
8 of 1999.

Repeal of section
70 of No.8 of
1999.

Repeal and
replacement of
section 7l of No.8
of 1999.

Water quality
standards.

71. (l) The Cabinet Secretary shall, on
the recommendation of the Authority -

(a) establish criteria and
procedures for the
measurement of water
quality;

(b) recommend minimum water
quality standards for all the
waters of Kenya and for
different uses, including-


2015

75

Env ir o nmental Mana g em e nt and C o - o r dinat io n ( Am e ndm e n t )

(i) drinking water;
(ii) water for industrial

purposes;

(iii) water for agricultural
purposes;

(iv) water for recreational
purposes;

(v) water for fisheries and
wildlife; and

(vi) for any other prescribed
water use;

(c) analyse conditions for the
discharge of effluents;

(d) issue guidelines
regulations for

or
the

preservation of fishing areas,
aquatic areas, water sources
and reservoirs and other
areas, where water may need
special protection;

(e) recommend measures
necessary for the treatment of
effluents before being
discharged into the sewerage
system; and

(0 make any
recommendation
necessary for the
and control
pollution.

other
that may be
monitoring
of water

and
lead
the

No.5

Amendment of
section 74 of No.
8 of 1 999.

Amendment of
section 75 of No.
8 of 1999.

(2) The Authority shall consult
take into consideration the views of
agencles before making
recommendations under subsection (1).

51. Section 74 (l) of the principal Act is amended by
deleting the words "Local Authority" and substituting
therefor the word "entity".

52. Section 75 (1) of the principal Act is amended by
deleting the words "Local Authority" and substituting
therefor the word "entity".


76

No. 5 Ettt'ironmenktr Management ctnd Co-rrcrination (Amencrment) 20rs
5-3. The principal Act is amended by repealing section Repear and

78 and replacing it r,vith the following new secrion_ :::lffiH:!",i"
8 of I 999.

Airqualitvstandards 7g. The Cabinet Secretary shall, on the
recommendation of the Authority_

(a) establish criteria and procedures
for the measurement of air
quality;

(b) ser-
(i) ambient air quality

standards;

(ii) occupational air quality
standards, emission
standards for various
SOUTCCS;

(iii) criteria and guidelines
for air pollution control
fcrr both mobile and
stationary sources; and

(irz) any other air quality
sfandards;

(c) determine measures necessary
to reduce existing sources of
air pollution by requiring the
redesign of plants or the
installation of new technology
or both, to meet the
requirements of stanclards
established under this section;

(d) issue guidelines to minimize
emissions of greenhouse gases
and identify suitable
technologies to minimize air
pollution; and

(e) tlo all such things as appear
ncce;Sal.) tbr the monitoring
and controlling of aii
pollution.

(2) The Authc;ritv shall consult ancl
take into consicleraticiii tlie i,iervs of leacl


2015

l1

Environmental Managentetrt and Co-ordinatiort (Antendment)

agencles before making the
recommendations under subsection ( 1).

54. Section 19 of the principal Act is amended by
inserting the words "Subject to the Constitution and any
other relevant laws" immediately before the words "The
Minister".

55. Section 86 of the principal Act is amended by
deleting the words "The Standards and Enforcement
Review Committee shall, in consultation with the relevant
lead agencies, recommend to the Authority measures
necessary to" and substituting therefor the following words
"The Cabinet Secretary shall, on the recommendation of
the Authority".

56. Section 91 of the principal Act is amended-

(a) in subsection (l), by deleting the words
"Standards and Enforcement Review
Committee shall, in consultation with the
relevant lead agencies, recommend to the
Authority" and substituting therefor the
words "Cabinet Secretary shall, on the
recommendation of the Authority
determine", and

(b) in subsection (2), by deleting the words
"Authority shall, on the recommendation of
the Standards and Enfbrcement Review
Committee" and substituting therefbr the
words "Cabinet Secretary shall, on the
recommendation of the Authority".

57. The principal Act is amendect by repealing section
94 and replacing it with the following new section-

Stanclards or 94. The Cabinet Secretary shall, on the
nestie rrlcs ancl tox ic
il;;;;,"- "^ - recommendation of the Authority-

(a) deterrnine standards for the
colrce ntration of pesticide
rcsitJrres irr riiw agricultural
conrmridities. F-or the purrposes of
this paragraph, ralv agricuitural
conrnrodities-

No.5

Amendment of
section 79 of No.
8 of 1999.

Amendment of
section 86 of No.
8 of 1999.

Amendment of
section 9l of No.
8 of 1999.

Amendment of
section 94 of No.
8 of I 999.


No.5

78

EnvironmentalManagementandCo-ordination(Amendment) 2015

(i) include fresh or frozen
fruit and vegetables in
their raw state, grains,
nuts, eggs, raw milk, meat
and other agricultural
produce;

(ii) do not include any
agricultural produce or
good which is processed,
fabricated or manufactured
by cooking, dehydrating,
milling, or by any other
similar means;

(b) establish standards to regulate the
importation, exportation,
manufacture, storage, distribution,
sale. use, packaging,
transportation, disposal and
advertisement of pesticides and
toxic substances in consultation
with the relevant organizations;

(c) establish procedures for the
registration of pesticides and toxic
substances;

(d) determine measures to ensure
proper labelling and packaging of
pesticides and toxic substances;

(e) determine measures for
monitoring the effects of
pesticides and toxic substances on
the environment;

(f) determine measures for the
establishment and maintenance of
laboratories to operate as
standards laboratorieq for
pesticides and toxic substances;
and

(g) determine measures for the
establishment of enforcement
procedures and regulations for the
storage, packaging and
transportation of pesticides and
toxic substances.


19

Environmento I Management and Co-orCinutiott ( Amendment) No.52015

58. The principal Act is amended by repealing secrion
101 and replacing it with the following new section-

Standardsfornoise. 101. 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 measurement of noise and
vibration pollution into the
environment;

(c) determine criteria and procedures
for the measurement of sub-sonic
vibrations;

(d) determine standards for the
emission of sub-sonic vibrations
which are likely to have a
significant impact on the
environntent:

(e) issue guidelines tbr rhe
minimization of sub-sonic
vibrations. referred to in
paragrapli (d) from existing and
future sources:

(f) determine noise level and noise
emission standards applicable to
construction sites, plants,
machinery, motor vehicles,
aircral't including sonic bonus,
industrial and commercial
activities:

(g) deternline irleasures necessary to
ensllre the abaternent and control
of :irii;c lrom sources referred to
itl Pri11'xg1'xph (f); :ind

(h) issue guidelines for the
abatement of unreasonable noise
and vibration poliution emitted

Amendment of
section l0lof No
8 of I 999.


No.5

80

Environmental Management and C o-ordination ( Amendment)

into the environment from any
source.

59. The principal Act is amended by inserting the
following new section immediately after section 103-

2015

Insertion of
section 104 in No.
8 of 1999.

Radiation
Standards.
Cap.243.

104. (1) Subject to the provisions of the
Radiation Protection Act, 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
procedures for the
measurement of ionizing and
other radiation.

(2) The Authority shall-
(a) inspect and examine any area,

place or premises or any
vehicle, vessel, boat or any
carrier of any description in
or upon which the Authority
has reasonable cause to
believe that radioactive
material or any source of
ionizing radiation is stored,
used, transported or disposed
of;

(b) examine any person with
respect to matters under this
Act, where there is
reasonable cause to believe
that that person is
contaminated with
radioactive material, or is in
unlawful possession of an
ionizing radiation source;

(c) in collaboration with the
Radiation Protection Board,
conduct an ionizing radiation


2015

8l

Environmental Management and Co-ordination (Amendment) No. 5
monitoring programme and
advise on ionizing and
radiation control and
protection measures;

(d) maintain records of release of
radioactive contaminants into
the environment;

(e) keep records of baseline data
on radiation in the
environment;

(0 maintain a register of all
radioactive substances
imported into Kenya; and

(g) do all such things as may be
necessary for the monitoring
and control of pollution from
radiation.

60. Section ll2 of the principal Act is amended-
(a) in subsection (1), by inserting the words

"and the Land Act, 2012" immediately
after the word " Act";

(b) bV inserting the following new subsection
immediately after subsection (5) -

(5A) The principle of voluntary
environment management shall be used to
encourage land owners to grant an easement
on their land and to encourage environmental
conservation as a competitive land use
option.

61. Section Il7 of the principal Act is amended-
(a) in subsection 3(g), by inserting the words

"or his designate" after the words
"Director-General";

(b) in subsection 3(i), by deleting the words
"three months" and substituting therefor
the words "fourteen days";

(c) by inserting the following new subsection
immediately after subsection (4)-

Amendment of
section I l2 of No.
8 of 1999.

No. 6 of 201 2

Amendment of
section 1 l7 of No.
8 of 1999.

H


82

Environmental Management and Co-ordination (Amendment)No.5

Transrctions
requiring
Parliamentary
ratification.

(5) In effecting arrest, the Authority may
request the Inspector- General for such
number of officers as it may require.

62. Section I 18 of the principal Act is amended by-
(a) deleting the words 'Attorney-General'

wherever they occur and substituting therefor
the words "Director of Public Prosecutions";

(b) inserting the words "section 29 of the Office
of the Director of Public Prosecutions Act"
immediately after the word "Constitution".

2015

Amendment of
section I 18 of No.
8 of 1999.

No. 2 of2013.

Amendment of
section 124 of No.
8 of 1999.

No.45 of20l2

63. Section 119 (3) of the principal
deleting the words "on the advice
Enforcement Review Committee".

Act is amended by tT,"#Til:?i,.
of the Standards 8 of leee.

64. Section 124 of the principal Act is amended, by-
(a) deleting the words " direction and control of

the Council, in consultation with relevant
lead agencies" and substituting therefor the
words "Treaty Making and Ratification Act";

(b) deleting subsection (2).

65. The principal Act is amended, by inserting the llii*lll#o,"
following new section immediately after section 124- No.8 or leee.

124L. (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, quantity, quality,
value. location and dimensions of natural
resources whose agreements require
Pariianii'ntary approval shall be specified in
an Act of Parliament.

I3) Any transaction requiring
ratifil" ,iion by Parliament as required in this
Section shali include the grant of a right or
concession by or on behalf of any person,
including a local comrnunity, a county or the
national government. to another person-


2015

83

Env ir onme ntal Mana g ement and C o - or dinat io n ( Am e ndme nt )

(a) for the exploitation of wildlife
resources and habitats; resources
of gazetted forests, water
resources, resources
community land

(5) The members of the Tribunal shall,
in their first meeting, elect from
amongst themselves the Vice-
Chairperson to the Tribunal.

(6) The Chairperson and Vice-
Chairperson shall be of opposite
gender.

(7) In the absence of the Chairperson,
the Vice Chairperson shall serve as
the acting Chairperson for the

on
and

No.5

Amendment of
section 125 of No
8 of 1999.

biodiversity resources; and

(b) in the case of a foreign national
or company, land owned by
such person of more than three
hectares.

(4) The Cabinet Secretary may, by
notice in the Gazette, specify addiiional
environmental resources whose transactions
require ratification by parliament.

(5) Any agreements concluded before
the promulgation of the Constitution and the
coming into force of this Act may be
reviewed within a period of two years.

66. Section 125 of the principal Act is amended-
(a) in subsection (1), by deleting paragraph (d)

and substituting therefor the following new
paragraph-

"(d) three persons with demonstrated
competence in environmental matters,
including but not limited to land, energy,
mining, water, forestry, wildlife anO
maritime affairs."

(b) by inserting the following new subsections
immediately after subsection (4)-


No.5

84

Environmental ManagementandCo-ordination(Amendment) 2015

duration of the absence of the
Chairperson and the acting
Chairperson shall perform such
functions and exercise such powers
as if that person were the
Chairperson.

(8) In the absence of both the
Chairperson and the Vice
Chairperson, the members of the
Tribunal present may nominate,
from among themselves, a person to
act as the Chairperson, which
person shall have the training and
qualifications in the field of law and
such person, while acting as the
Chairperson, shall perform such
functions and exercise such powers
as if that person were the
Chairperson.

(9) The Chairperson may designate the
Vice Chairperson and two other
members to constitute a separate
sitting of the Tribunal."

67. Section 126 of the principal Act is amended by Amendmentor
inserting the following new subseciion immediately after ;":|||#u**"
subsection (5)-

(6) Any person who is a party to the proceedings
before the Tribunal may appear in person or be
represented by an Advocate."

68. Section 128 of the principal Act is amended by
deleting subsection (1) and substituting therefor the
following new subsection-

(1) Subject to section 725, the quorum for
hearing or determining any cause or matter
before the Tribunal under this Act shall be
three members.

69. Section 129 of the principal Act is amended *ffifffi:?',o"
(a) in subsection (1), by deleting paragraph (a) 8orreee.

and substituting therefor the following
new paragraph-

Amendment of
section 128 ofNo.
8 of 1 999.


2015

(2) The remuneration and allowances
referred to in subsection (1) and any other
expenses incurred by the Tribunal in the
execution of its functions under this Act
shall be paid out of monies voted by
Parliament for that purpose.

71. The Principal Act is amended by inserting the
following new section immediately after section 134-

Staff of theTribunal. 134A. "There shall be such other staff
of the Tribunal as may be necessary for the
performance of its functions".

72. Section 137 of the principal Act is amended by
deleting the words "not more than twenty-four months, or
to a fine of not more than five hundred thousand shillings
or to both such fine and imprisonment" and substituting
therefor the words "of not less than one year but not more
than four years, or to a fine of not less than two million
shillings but not more than four million shillings, or to both
such fine and imprisonment."

85

Environmental Management ctnd Co-ordination (Amendment) NO. 5
(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 regulations
made thereunder.

(b) in subsection (2), by inserting the words
"or its agents" immediately after the
words "committees of the Authority".

(c) in subsection (3) (c), by inserting the
words "orders to enhance the principles of
sustainable development and"
immediately after the word "including".

70. Section 134 of the principal Act is amended- :ffifffi:?i_..
(a) by inserting the words "on the 8 or leee'

recommendation of the Salaries and
Remuneration Commission" immediately
after the words "Minister";

(b) by renumbering the existing provision as
subsection (1) and inserting a new subsection
as follows-

Insertion of
section I 34A in
No. 8 of 1999.

Amendment of
section I 37 of No.
8 of 1999.


No.5

86

EnvironmentalMonagementandCo-ordination(Amendment) 2015

73. Section 139 of the principal Act is amended Amendmentor
by deleting the words "of not more than five hundred ;T'il#'"*"
thousand shillings, or to imprisonnient for a term of not
more than twenty-four months, or to both such fine and
imprisonment" and substituting therefor the words "of not
less than one year but not more than four years, or to a fine
of not less than two million shillings but not more than four
million shillings, or to both such fine and imprisonment."

74. Section 140 of the principal Act is amended by Amendmentor
deleting the words "not more than five hundred thousand ;':i'!i#"^"
shillings, or to imprisonment for a term of not more than
twenty-four months, or to both such fine and
imprisonment" and substituting therefor the words "of not
less than one year but not more than four years or to a fine
of not less than two million shillings but not more than four
million shillings, or to both such fine and imprisonment."

75. Section 142 of the principal Act is amended by Amendment or
deleting the words "not more than five hundred thousand ;Ti:;#'"'*"
shillings" and substituting therefor the words "not less than
two million shillings but not more than than five million
shillings".

76. Section 143 of the principal Act is amended- Amendment of
section 143 of No
8 of 1999.(a) in the marginal note, by inserting the words

"orders of the Tribunal" immediately after
the word "orders";

(b) by renumbering section 143 as section 143
( 1),

(c) by inserting a new paragraph immediately
after paragraph (c) as follows-

"(d) fails, neglects or refuses to comply
with any order made by the
Tribunal,";

(d) by deleting the words "not more than
twelve months, or to a fine of not more than
five hundred thousand shillings, or both"
and substituting therefor the words "of not
less than one year and not more than four
years or to a fine of not less than two
million shillings and not more than four
million shillings or to both such fine and
imprisonment.";


81

2015 Environmental Management and Co-ordination (Amendment) No. 5
(e) by renumbering the existing provision as

subsection (1) and inserting the following
new subsection-

(2) Failure by a lead agency to comply
with a directive of the Authority issued
under section 12 of this Act shall
constitute an offence.

77. Section 144 of the principal Act is amended- Amendmentor
(a) by deleting the words "who commits an l44orNo'8or

oif"n.e agiinst" and substituting therefor the leee'
word "contravenes"; and

(b) by deleting the words oomore than eighteen
months, or to a fine of not more than three
hundred and fifty thousand shillings" and
substituting therefor the words "of not less
than one year but not more than four years,
or to a fine of not less than two million
shillings but not more than four million
shillings, or to both such fine and
imprisonment."

78. The principal Act is amended by inserting a new
section immediately after section 147 -
countv regislation' 147 A. 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.

Insertion of
section l47A in
No. 8 of 1999.

79. The principal Acr is amended by repealing section ffifi::fi:l,"
148 and replacing it with the following section- iff:f:li;frl

Effect of existing
laws.

148. 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 conflict with any

H


88

No. 5 Environmental Management and Co-ordination (Amendment) 2015

provisions of this Act, the provisions of this
Act shall prevail.

80. The principal Act is amended by repealing the Repeal and
Second Schedule and substituting therefor the following fi:H:il?t*
new Schedule- *1"r1!':"" t


89

Environmental Management and Co-ordination (Amendment) No. 52015

SECOND SCHEDULE

Projects requiring submission
Assessment Study report

l.

(s 58)

of an Environmental Impact

Changes in land use including

(a) Major changes in land use.

(b) Large scale resettlement schemes.

Urban Development including

(a) Designation of new townships.

(b) Establishment of industrial estates.

(c) Establishment of new housing developments exceeding 30
housing units.

(d) Establishment or expansion of recreational areas in National
Parks, National reserves, Forest and nature reserves and any
areas designated as environmentally sensitive.

(e) Shopping centres and complexes.

Transportation

(a) All paved roads.

(b) Construction of new roads in environmentally sensitive areas.

(c) Railway lines.

(d) Airports and airfields.

(e) Oil and gas pipeline.

(f) Water transport.
(g) Construction of tunnels.

Dams, rivers and water resources including-
(a) Any project located within a distance prescribed by a written

law from a wetland, ocean, sea, lake, river, dam, stream, spring
or any other water body.

(b) Storage dams, barrages and piers.

(c) River diversions and water transfer between catchments.

(d) Large scale flood control schemes.

(e) Drilling for the purpose of utilizing ground water resources
including geothermal energy.

a

3.

4.

E--=!


90

No. 5 Environmental Management and Co-ordination (Amendment) 2015

5. Aerial spraying
6. Mining including quarrying and open cast extraction of-

(a) Precious metals.
(b) Gemstones.
(c) Metalliferous ores.
(d) Coal.
(e) Phosphates.
(O Limestone and dolomite.
(g) Large scale commercial stone and slate.
(h) Commercial large scale harvesting of aggregate, sand, gravel,

soil and clay.

(i) Exploration for the production of petroleum in any form.
0) Extracting alluvial gold with use of mercury.
(k) Geothermal energy exploration and production.

7. Forestry related activities
(a) Timber harvesting.
(b) Clearance of forest areas.
(c) Reforestation/afforestation with alien species.
(d) Introduction of alien species.
(e) Excisions of gazetted forest for whatever purposes.
(0 Any projects located within forest reserves such as

construction of dams or other control structures that flood
large areas ofrelatively un degraded areas.

8. Agriculture including
(a) Large scale agriculture.
(b) Introduction of new pesticides.
(c) Pest control programs (large scale).
(d) Widespread introduction of new crops and animals.
(e) Widespread introduction of fertilizers.
(0 Irrigated agriculture exceeding 50 ha.


201s

metals containers.

(0 Plants for the manufacture of coal brickets.
(u) Plants for the manufacturing of batteries.
(v) Chemical works and processing plants.
(w) Plants for the manufacture or assembly of motor vehicles.

10. Electricalinfrastructureincluding-
(a) Electricity generation stations.

9.

9t

Environmental Management and Co-ordination (Amendment) No. 5
(g) Major developments in biotechnology including the

introduction and testing of genetically modified organisms.

Processing and Manufacturing Industries including-
(a) Mineral processing, reduction of ores and minerals.
(b) Smelting and refining of ores and minerals.
(c) Foundries.
(d) Large scale brick and earth ware manufacture.
(e) Cement works and lime processing.
(0 Glass works.
(g) Explosive plants.
(h) Fertilizer manufacture or processing.
(i) Oil refineries and petrochemical works.
() Large scale tanning and dressing of hides and skins.
(k) Large scale abattoirs (more than 15 animals/day) and meat

processing plants.

(l) Large scale brewing and malting.
(m) Bulk grain processing and storage

(n) Large scale fish processing plants.
(o) Pulp and paper mills.
(p) Large scale food processing plants.
(q) Plants for manufacture of assembly of motor vehicles.
(r) Plants for the construction and repair of aircrafts or railway

equipment.

(s) Plants for the manufacture of tanks, reservoirs and sheet

-


No.5

92

EnvironmentalManagementandCo-ordination(Amendment) 2015

(b) Electrical transmission lines above 66 KVA.
(c) Electrical sub stations.
(d) Pumped storage schemes.

11. Management of hydrocarbons
Bulk storage of natural gas, petroleum and any combustible and
explosive fuels.

12. Waste disposal including-
(a) Sites for solid waste disposal.
(b) Sites for toxic, hazardous and dangerous wastes.
(c) Waste water treatment plants.
(d) Sewage treatment plants.
(e) Works involving major atmospheric emissions.
(0 Installations for disposal of industrial wastes.
(g) Works emitting offensive odours.

13. Natural conservation areas-
(a) Establishment of Protected areas, buffer zones, and

wilderness Areas.

Commercial exploitation of natural fauna and flora.

Introduction of alien species of flora and fauna into
ecosystems.

Actions likely to affect endangered species of flora and fauna.

Wetlands reclamation and or any projects likely to affect
wetlands.

(0 Projects located in indigenous forests including those outside
of gazetted forests.

(g) Projects that affect any areas designated as environmentally
sensitive areas.

14. Nuclear reactors and nuclear plants
15. Marine areas

(a) Mineral exploitation of resources in the marine areas.
(b) Reclamation of marine areas.

(b)

(c)

(d)

(e)

i

I


SPECTAL ISSUE

Kenya Gazette Supplement No. 74 (Acts No. 5)


REPUBLIC OF KENYA

KENYA GAZETTE SUPPLEMENT


ACTS, 2015
NAIROBI, 3rd June, 2015
CONTENT
Act —
PAGE
The Environmental Management and Co-ordination
(Amendment) Act, 2015 oo... ccc cccccsccssccscsssssscsccssessesssssseccssseeesvssvnecneees 51


vito. FOR LAW REPORTING
RECEIVED
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FEL: 2719231 FAX: 2712694


PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER, NAIROBI


51

THE ENVIRONMENTAL MANAGEMENT AND
CO-ORDINATION (AMENDMENT) ACT, 2015

No. 5 of 2015

Date of Assent: 27th May, 2015
Date of Commencement: 17th June, 2015

AN ACT of Parliament to amend the

Environmental Management and Co-ordination
Act, 1999

ENACTED by the Parliament of Kenya, as follows —

1. This Act may be cited as the Environmental
Management and Co-ordination (Amendment) Act, 2015.

2. (1) The Environmental Management and Co-
ordination Act, 1999, in this Act referred to as the
“principal Act” is amended in section 2—

(a) by deleting the definition of “coastal zone”
and inserting the following new definition—

**coastal zone” means the
geomorphologic area where the land
interacts with the sea comprising
terrestrial and marine areas made up of
biotic and abiotic components or
systems coexisting and interacting with
each other and with socio-economic
activities;

(b) by deleting the definition of “District

Environment Committee”;

(c) by deleting the definition of “District
Environment Action Plan”;

(d) by deleting the definition of “Provincial
Environment Committee”;

(e) by deleting the definition of “exclusive
economic zone” and inserting the following
new definition—

“sé

‘“‘exclusive economic zone’’ has the
meaning assigned to it by the United
Nations Convention on the Law of the Sea;

(f) by deleting the definition of “local
authority”;

Short title.

Amendment
of section 2
of No. 8 of
1999.


No. 5

52
Environmental Management and Co-ordination (Amendment) 2015

(g) by deleting the definition of “natural
resources” and inserting the following new
definition —

“natural resources” has the meaning
provided under Article 260 of the
Constitution;

(h) by deleting the definition of “wetland” and
inserting the following new definition —

“wetland” means areas of marsh, fen,
peatland or water, whether natural or
artificial, permanent or temporary, with
water that is static or flowing, fresh,
brackish or salt, including areas of marine
water the depth of which at low tide does
not exceed six metres;

(i) by inserting, in proper alphabetical sequence,
the following new definitions —

“Cabinet Secretary” means the Cabinet
Secretary for the time being responsible
for matter relating to environment and
natural resources;

“continental shelf’ has the meaning
assigned to it by the United Nations
Convention on the Law of the Sea;

“County Environment action plan” mean
a County Environment action plan
prepared under section 40;

“County Environment Committee”
means a committee established under
section 29;

“county government” has the meaning
assigned to it in section 2 of the County
Governments Act;

“environmental organization” means a
public benefits organization whose
objective is to conserve the environment
and natural resources and is duly
registered as a community based
organization, or a _ public benefits
organization;


No. 17 of 2012.


53


2015 Environmental Management and Co-ordination (Amendment) No. 5

“indigenous knowledge” means any
traditional knowledge of sources,
components, capabilities, practices and
| uses of, and processes of preparation,
use and storage of plant and animal
species and their genetic resources;

“Ministry” means the Ministry for the
time being responsible for matters
relating to the environment”;

“natural resource agreements” means an
agreement which involves the grant of a
right or concession by or on behalf of
any person, including the national
government, to another person for the
exploitation of any natural resource in
Kenya;

“person” means a legal person;

“strategic environmental assessment”
means a formal and systematic process
to analyse and address the environmental
effects of policies, plans, programmes
and other strategic initiatives;

“traditional knowledge” means such
knowledge as may be socially and
culturally acquired within or without the
context of conventional education by
Kenyans; “voluntary environmental
management” means the principle of
encouraging voluntary compliance in
conserving the environment and which
is a cost-effective and efficient method
of attaining compliance with
environmental regulations and _ of
encouraging innovative conservation
practices; and

“wildlife” has the meaning assigned to it
in the Wildlife Conservation and = yg 47062013
Management Act.

(2) The principal Act is amended by deleting the
words in the first column and substituting therefor the
words in the second column wherever they appear in the
Act—


54

No. 5 Environmental Management and Co-ordination (Amendment) 2015
First Column Second Column

Minister Cabinet Secretary

Chairman Chairperson

Complaints Committee Department

District County

District Environment Committee County Environment Committee

High Court Environment and Land Court
Permanent Secretaries Principal Secretaries

Non-Governmental organizations Public benefit organizations

3. Section 3 of the principal Act is amended— Amendment
of section 3 of

(a) in subsection (1), by inserting the words“ in No.-8 of 1999.
accordance with the Constitution and
relevant laws” immediately after the words
“healthy environment”;

(b) by inserting the following new subsection
immediately after subsection (2)—

“(2A) Every person shall cooperate with
state organs to protect and conserve the
environment and to ensure the ecological
sustainable development and use of natural
resources”.

(c) in subsection (3), by—

(i) deleting the words “ If a person alleges
that the entitlement conferred under
subsection (1) has been, is being or is
likely to be contravened in relation to
him” and substituting therefor the
words “If a person alleges that the
right to a clean and _ healthy
environment has been, is being or is
likely to be denied, violated, infringed
or threatened, in relation to him’; and

(ii) inserting the words “may on his behalf
or on behalf of a group or class of
persons, members of an association or
in the public interest” immediately
after the words “that person”.


55


2015 Environmental Management and Co-ordination (Amendment) No. 5

4. The principal Act is amended by inserting the
following new section immediately after section (3) —

ness 3A. (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 subsection (1) shall apply to the
Authority or a lead agency and may be granted
access to such information on payment of the
prescribed fee.

5. The principal Act is amended by repealing section
4,

6. Section 5 of the principal Act is amended, by—

(a) deleting the word “Council” and
substituting therefor the words “Cabinet
Secretary”; and

(b) inserting the following new paragraph
immediately after paragraph (c)—

(ca) provide evidence of public
participation in the formulation
of the policy and _ the
environmental action plan.

7. The principal Act is amended by repealing section
6.

8. The principal Act is amended by repealing section
8 and replacing it with the following new section—

Headquarters. 8. The headquarters of the Authoricy
shall be in Nairobi but the Authority sha‘!
ensure its services are accessible in all parts of
the Republic.

9. Section 9 (2) of the principal Act is amended —


Repeal of section
4 of No. 8 of
1999,

Amendment of

section 5 of No. 8
of 1999.

Repeal of section
6 of No. 8 of

1999.

Repeal and
replacement of
section 8 of No. 8
of 1999.

Amendment
of section 9 of
No. 8 of 1999.


No. 5

56

Environmental Management and Co-ordination (Amendment)

(a) by inserting the following new paragraph
immediately after paragraph (b)-—

(bb) audit and determine the net worth or
value of the natural resources in
Kenya and their utilization and
conservation;

(b) by deleting paragraph (c) and substituting
therefor the following new paragraph—

“(c) make recommendations to the
relevant authorities with respect to
Jand use planning;”

(c) by deleting paragraph (e);

(d) in paragraph (h), by deleting the words “and
coordinate” appearing immediately after the
word “undertake”;

(e) in paragraph (m), by deleting the words
“environmental education and public awareness
about the need for sound environmental
management as well as for enlisting public
support and encouraging the effort made by
other entities in that regard” and substituting
therefor the words “environmental education,
public awareness and public participation”;

(f) in paragraph (n), by inserting the word “develop”
immediately before the word “publish”;

(g) in paragraph (0), by deleting the words
appearing immediately after the word
“protection”;

(h) in paragraph (p), by deleting the words “ issue
an annual” and substituting therefor the words
“submit to the Cabinet Secretary every two
years, and”;

(i) by inserting the following new paragraphs
immediately after paragraph (p)—

(q) encourage voluntary environmental
conservation practices and natural
resource conservancies, easements,
leases, payments for ecosystem
services and other such instruments
and in this regard, develop guidelines;

2015


57

2015 Environmental Management and Co-ordination (Amendment) No. 5

(r) work with other lead agencies to issue
guidelines and prescribe measures to
achieve and maintain a tree cover of
at least ten per cent of the land area
of Kenya; and

(j) by renumbering paragraph (q) as paragraph (s).

. . . . A di t
10. Section 10 of the principal Act is amended — arnection 10 of

(a) in subsection (1) (c) by— No. 8 of 1999.

(i) inserting the words “who shall be the
Secretary to the Board” immediately
after the word “Director-General”;

(ii) deleting the word “President” and
substituting therefor the words
“Cabinet Secretary from amongst
three persons selected by the Board
through a competitive recruitment
process”;

(b) by deleting subsection (1) (d) and
substituting therefor the following new
subsection —

(1) (d) the Principal Secretary in charge
of finance or his representative;

(c) by deleting subsection (1) (€) and
substituting therefor the following new
subsection —

(1) (e) six members, not being public
officers, appointed by the Cabinet
Secretary;

(d) by deleting subsection (1) (f) and
substituting therefor the following new
subsection —

(1) (f) the Attorney General or his
representative;

(e) by inserting the following new subsection
immediately after subsection (3) —

(3A) Where the office of the Director -
General falls vacant, the Board may,
pending the appointment of a Director
General, appoint a person to act in that


—

58

No. 5 Environmental Management and Co-ordination (Amendment) 2015

capacity provided that such appointment
shall not exceed a period of six months;

(f) by deleting subsection (14) (c).
11. Section 12 of the principal Act is amended by—

(a) deleting the word “directly” and substituting
therefor the words “direct any” ;

(b) by renumbering section 12 as section 12
(1);

(c) by inserting the following new subsection
immediately after subsection (1)—

(2) Any person who fails to comply
with sub-section (1) commits an offence.

12. The principal Act is amended by repealing section
14 and replacing it with the following new section—

Rembineration of 14. The Director-General and the
irector- . . .

General and Directors of the Authority shall be paid such
Directors. salaries and allowances, as may, from time

to time, be determined by the Board on the
advice of the Salaries and Remuneration
Commission.

13. Section 23 of the principal Act is amended —

(a) in subsection (2) by deleting the word
“four” and substituting therefor the word
“three” and deleting the words
“(Corporations) or to an Auditor appointed
under this section.”; and

(b) by deleting subsection (3) and substituting
therefor the following new subsection—

(3) The annual accounts of the Authority
shall be prepared, audited and reported
upon in accordance with the provisions

of Articles 226 and 229 of the

Constitution and the Public Financial
Management Act, 2012.

14. Section 24 of the principal Act is amended —
(a) in subsection (3)—


Amendment

of section 12 of
Act No. 8 of
1999,

Repeal and
replacement of

section 14 of Act
No. 8 of 1999.

Amendment

of section 23 of
No. 8 of 1999.

No. 18 of 2012

Amendment
of section 24 of
No. 8 of 1999.


59


2015 Environmental Management and Co-ordination (Amendment) No. 5

(i) by deleting the words “shall be
vested in the Authority and, subject
to this Act”;

(ii) by deleting the words “he deems fit”
and substituting therefor the words “
the Cabinet Secretary may prescribe,

upon the advice of the Salaries and
Remuneration Commission’;

(iii) by inserting the words “ and subject
to chapter Six of the Constitution”
immediately after the word
“management”;

(b) by inserting the following new subsections
immediately after subsection (3) —

(3A) The Board referred to in
subsection (3) shall be known as the
Board of Trustees of the Trust Fund
and shall be a body corporate having
perpetual succession and a common
seal and may, in its corporate name,
sue and be sued.

(3B) The Trust Fund shall be
administered in the manner provided
for under a Trust Deed, and for the
purposes of this Act, the Trust Deed
shall be deemed to constitute the
rules and regulations that govern the

operations and functions of the
Fund.

15. Section 26 (2) of the principal Act is amended by
inserting the words “upon consultation with the National
Treasury” immediately after the words “Authority may”.

16. Section 27 (1) of the principal Act is amended by
deleting the word “Council” and substituting therefor the
words “Cabinet Secretary”.

17. Section 28(2) of the principal Act is amended—

(a) in subsection (2), by deleting the words—

(1) “Minister” and — substituting
therefor the words “ Cabinet

Amendment
of section 26 of
No. 8 of 1999.

Amendment
of section 27 of
No. 8 of 1999.

Amendment
of section 28 of
No. 8 of 1999.


60
No. 5 Environmental Management and Co-ordination (Amendment) 2015

Secretary”; and

(ii) ~=““Council” and substituting
therefor the words “Cabinet
Secretary”;

(b) in subsection (3), by deleting the words
“twenty-four” and substituting therefor the

word “six”.
18.The principal Act is amended by repealing section Re ecoment of
29 and replacing it with the following new section— section 29 of No.
0 .
Frey ental _ 29. (1) The Governor shall, by notice
Committee. 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 Authority
whose area of jurisdiction falls
wholly or partially within the
county who shall be the
Secretary to the County
Environmental Committee;

(c) one representative for each of the
Ministries responsible for the
matters specified in the First
Schedule at the county level;

(d) two representatives of farmers or
pastoralists within the county to
be appointed by the Governor;

(e) two representatives of the
business community operating
within the concerned county
appointed by the Governor;


(f) two representatives of the public
benefits organizations engaged in
environmental management
programmes within the county


ON NNNNNY_YAMNUWS<S|[F TO

61
2015 Environmental Management and Co-ordination (Amendment) No. 5

appointed by the Governor in
consultation with the National
Federation of Public Benefit
Organizations; and

(g) a representative of every regional
development authority whose
area of jurisdiction falls wholly
or partially within the county.

(2) Appointments under this section
shall be made in consultation with the
relevant county organs that are
representative of the nominees in the
county.

(3) The Governor, in making the
appointments under this section, shall
ensure —

(a) equal opportunities for persons
with disabilities and other
marginalized groups; and

(b) that not more than two-thirds of
the members are of the same
gender.

(4) The members of the County
Environment Committee appointed under
paragraphs (c) to (g) of subsection (2) shall
hold office for a period of three years and
shall be eligible for re-appointment for one
further term.

19. The principal Act is amended by repealing section Repeal and

replacement of

30 and replacing it with the following new section— section 30 of No.
8 of 1999,
Functions of the 30. The County — Environment
County Committee shall —
Environment .
Committee. (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


62

Environmental Management and Co-ordination (Amendment)

No. 5

(c) perform such additional
functions as are prescribed by
this Act or as may, from to
time, be assigned by the
Governor by notice in the
Gazette.

20. The principal Act is amended in subsection (1) of
section 31 —

(a) by deleting the words “Public Complaints
Committee” wherever they appear and
substituting therefor the words “National
Environmental Complaints Committee”: and

(b) by deleting paragraph (d) and substituting
therefor the following new paragraph—

“(d) one person who has _ demonstrated
competence in environmental matters,
nominated by the Council of County Governors
and who shall be secretary to the Complaints
Committee”.

21. Section 32 of the principal Act is amended by—

(a) deleting the words “Complaints Committee”
wherever they appear and substituting therefor
the words “National Environmental Complaints
Committee”;

(b) inserting the following paragraph immediately
after paragraph (b)—

(bb) undertake public interest litigation on
behalf of the citizens in environmental
matters.

22. Section 33 is amended by deleting the words
“Complaints Committee” wherever they appear and
substituting therefor the words “National Environmental
Complaints Committee”,

23. The principal Act is amended by repealing section
37 and replacing it with the following new section—

National
Environment Action
Plan.

National

37. (1) The Authority shall, within two
years of the commencement of this Act and
every six years thereafter, formulate the


2015

Repeal and
replacement of

section 31 of No.
8 of 1999.

Amendment
of section 32 of
No. 8 of 1999.

Amendment
of section 33 of
No. 8 of 1999.

Repeal and
replacement of
section 37 of No.
8 of 1999.


63

2015 Environmental Management and Co-ordination (Amendment) No.5

National Environmental Action Plan and
shall ensure that it has undertaken public
participation before the adoption of the Plan.

(2) The Authority shall submit the Plan
referred to in subsection (1) to the Cabinet
Secretary for approval.

(3) Upon the approval of the Plan, the
Cabinet Secretary shall submit it to the
National Land Commission and the Ministry
of Lands.

(4) The Cabinet Secretary shall publish
the National Environment Action Plan in the
Gazette.

(5) The Authority shall review the
National Action Plan every three years.

os : ‘ : Repeal of section
24. The principal Act is amended by repealing section 30 of No. 8 of

39, 1999.

nC} i 1 i Repeat and
25. The principal Act is amended by repealing section replacement of

40 and replacing it with the following new section— section 40 of No.
8 of 1999.

County environment 40. (1) Every County Environment

action plan.

Committee shall, within one year of the
commencement of this Act and every five
years thereafter, prepare a county
environment action plan in respect of the
county for consideration and adoption by the
County Assembly.

(2) Every County Environment
Committee, in preparing a county
environment plan, shall undertake public
participation and take into consideration
every other county environment action plan
already adopted with a view to achieving
consistency among such plans.

(3) The respective County Executive
Committee members of every county shall
submit the county environment action plan
referred to in subsection (1) to the Cabinet
Secretary for incorporation into the national


Fe

64
No. 5 Environmental Management and Co-ordination (Amendment) 2015

environment action plan referred to in
section 37,

(4) The Authority shall consider every
county environment action plan and either
recommend incorporation of such plan into
the national environment action plan or
specify changes to be incorporated into a
respective county environmental plan.

(5) The Cabinet Secretary shall, on the
recommendation of the Authority, issue
guidelines and prescribe measures for the
preparation of environmental action plans.

26. The principal Act is amended by repealing section Repeal and

replacement of

41 and replacing it with the following new section— section 41 of No.
8 of 1999

Contents of county 41. Every county environment action

environment action . .

plan. plan prepared under section 40 shall contain

provisions dealing with matters contained in
section 38 (a) to (j) in relation to their
respective county.

27. The principal Act is amended by inserting the — !*ttion of

. . . . . section 41A in
following new sections immediately after section 41 — No. 8 of 1999.

Purpose of 41A. (1) The purpose of environmental

Environmental Action : : : .

Plans. 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
exercise of functions that may
affect the environment; and


(11) secure the protection of the
environment across the country;
and

(ii) prevent unreasonable actions by
any person, state organ or


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2015 Environmental Management and Co-ordination (Amendment) No. 5

public entity in respect of the
environment that are prejudicial
to the economic or health
interests of other counties or the
country.

Monitoring 41B. (1) The Authority shall monitor

compliance with : : .

Environmental Plans. 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 subsection (1) the
Authority is of the opinion that a plan is not
substantially being complied with, the
Authority shall serve a written notice to the
organ concerned, calling on it to take such
specified steps as the Authority may
consider necessary to remedy _ non-
compliance.

(3) Within thirty days of the receipt of
the notice referred to in subsection (2), the
organ shall respond to the notice in writing
setting out any —

(a) objections to the notice, if any;

(b) the action that will be taken to
ensure compliance with the
respective plan; or

(c) other information that the organ
considers relevant to the notice.

(4) After considering the representations
from the organ and any other relevant
information, the Authority shall, within
thirty days of receiving the response referred
to in subsection (3), issue a final notice —

(a) to confirm, amend or cancel the
notice referred to in subsection

(2):

(b) to specify any action and a time
period within which such action
shall be taken to remedy non-
compliance.


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No. 5 Environmental Management and Co-ordination (Amendment) 2015

(5) The Authority shall keep a record of
all environmental action plans and ensure
that such plans are available for inspection
by the public.

28. Section 42 of the principal Act is amended - Amendment of
section 42 of No.

(a) in subsection (1)— 8 of 1999.

(i) by deleting the words “Director
General” and substituting therefor
the word “Authority” and
inserting the word “sea” after the
word ‘lake’;

(ii) by inserting a new paragraph
immediately after paragraph (g)
as follows—

(h) any other matter prescribed
by the Cabinet Secretary on
the advice of the Authority.

(b) in subsection (3), by deleting the words
“riverbanks” and “lake shores” and
substituting therefor the words “river basins”
and “lake basins” respectively;

(c) by inserting the following new subsection
immediately after subsection (4) —

“(4A) The Cabinet Secretary may
make Regulations prescribing for any
interest in or over land in the interests of
defence, public safety, public order, public
morality, public health, or land use
planning”.

29. Section 43 of the principal Act is amended— Amendment of
section 43 of No.

(a) by deleting the words “riverbank” and “lake °° 19%

shores” and substituting therefor the words
river basin” and “lake basin” respectively;

(b) by renumbering section 43 as section 43(1)
and inserting a new subsection immediately
after subsection (1) as follows—

(2) The Authority shall, in consultation
with the relevant lead agencies and
stakeholders, issue guidelines and


EEE _—

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2015 Environmental Management and Co-ordination (Amendment) No. 5

prescribe measures for co-management
of critical habitats within or around a
lake basin, wetland, forest or coastal
zone and such measures shall take into
account the interests of the local
communities resident therein.

30. Section 45 of the principal Act is amended in Amendment of
section 45 of No.

subsection (4) by deleting the words “Director-General 3 o¢ 1999.
wherever they appear and substituting therefor the word


“Authority”.
31. Section 48 of the principal Act is amended— Amendment of
section 48 of No.
(a) in subsection (1), by— 8 of 1999.

(i) inserting the words “and the Forests
Act” immediately after the No? 0f2005
expression “subsection (2)”;

(ii) deleting the words “Director-
General” and substituting therefor the
word “Authority”;

(b) by inserting the following new subsections
immediately after subsection (2) —

(3) Where a forested area is declared
to be a protected area under section 54(1),
the Cabinet Secretary may cause to be
ascertained, any individual, community or
government interests in the land and forests
and shall provide incentives to promote
community conservation.

(4) A person who contravenes any
conservation measure prescribed by the
Authority, or fails to comply with a lawful
conservation directive issued by the
Authority or its Environment Committee at
the counties commits an offence.

32. Section 49 of the principal Act is amended by mene to
inserting the following new subsection immediately after gof1999.

subsection (1)—

(2) Any measures undertaken under subsection
(1) shall comply with existing laws.

33. Section 50 of the principal Act is amended by Amendment of

. : : . . section 50 of No.
deleting the words “Authority shall, in consultation with Br 1999, °


68

No. 5 Environmental Management and Co-ordination (Amendment) 2015

the relevant lead agencies” and substituting therefor the
words “Cabinet Secretary shall, on the advice of the
Authority”.

34. Section 51 of the principal Act is amended by
deleting the words “The Authority shall, in consultation
with the relevant lead agencies” and substituting therefor
the words “The Cabinet Secretary shall, on the
recommendation of the Authority”.

35. Section 52 of the principal Act is amended by
deleting the words “The Authority shall, in consultation
with the relevant lead agencies” and substituting therefor
the words “The Cabinet Secretary shall, on the
recommendation of the Authority”.

36. Section 53 of the principal Act is amended—

(a) in subsection (1), by deleting the words
“The Authority shall, in consultation with
the relevant lead agencies” and substituting
therefor the words “The Cabinet Secretary
shall, on the recommendation of the
Authority”; and

(b) in subsection (2) —

(i) by deleting paragraph (a) and
substituting therefor the following
new paragraph—

“(a) appropriate
arrangements for access to
biological resources, genetic
resources and ecological
services of Kenya by non-
citizens, including the issue
of licences and fees to be
paid for that access”;

Gi) by inserting the following new
paragraphs immediately after
paragraph (e)—

(f) measures necessary for
the recognition, protection
and enhancement of
indigenous knowledge and
associated practices in the

Amendment of

section 51 of No.
8 of 1999.

Amendment of
section 52 of No.
8 of 1999,

Amendment of

section 53 of No.
8 of 1999.


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2015 Environmental Management and Co-ordination (Amendment) No. 5
conservation of the
environment and _ natural
resources;

(g) measures necessary for
the protection of indigenous
knowledge of biodiversity
and genetic resources of
communities;

(ili) in paragraph (f), by deleting the
word “Authority” and substituting
therefor the words “Cabinet
Secretary”; and by renumbering

paragraph (f) as paragraph (h).”

37. Section 54 of the principal Act is amended, in Amendmentot
section 54 of No.

subsection (1) by — 8 of 1999.
(a) inserting the words “ and in accordance with
the Constitution, the Convention on
Biological Diversity and other treaties
immediately after the word “agencies”; and

(b) inserting the word “forests” immediately
after the word “lake”.

38. Section 55 of the principal Act is amended — Amendment of
section 55 of No.

(a) in subsection (2), by deleting the words “as °°! 199”.

soon as practicable upon the commencement
of this Act, the Authority shall, in
consultation with the relevant lead agencies,
prepare” and substituting therefor the words

“The Cabinet Secretary shall conduct”;
(b) in subsection (3)—

(i) by deleting the word “Authority” and
substituting therefor the words
“Cabinet Secretary”;

(ii) by deleting the word “two” and
substituting therefor the word “foux’ ;

(c) by inserting the following new subsections
immediately after subsection (7)—

(8) Where any polluting or hazardous
substances are discharged, released or in


a

70
No. 5 Environmental Management and Co-ordination (Amendment) 2015

any other way escape into the Coastal
Zone, any person responsible for
management of the polluting or hazardous
substances shall be liable-

(a) for any resultant damage; and

(b) for the cost of any measures
reasonably taken after the
release or escape for the
purpose of preventing,
reversing Or minimising any
damage caused by — such
discharge, release or escape;
and

(c) for any damage caused by any
measures so taken.

(9) Where there arises a grave and imminent threat or
danger of damage of discharge, release or escape of
polluting or hazardous substances into the Coastal Zone, (a)
any person responsible for management of the polluting or
hazardous substances shall be liable—

(a) for the cost of any measures reasonably taken
for the purpose of preventing, minimising or
controlling any such damage; and

(b) for any damage caused by any measures so
taken.

39. Section 56 of the principal Act is amended — Amendment of
section 56 of No.

(a) in subsection (1), by deleting the words %°f!999.
“Authority shall in consultation with the
relevant lead agencies,’ and substituting
therefor the words “ Cabinet Secretary in
consultation with the Authority”;

(b) in subsection (2), by deleting the words
“Authority shall, in consultation with the
relevant lead agencies,” and substituting
therefor the words “ Cabinet Secretary in
consultation with the Authority”.

40. The principal Act is amended by inserting a new _ Insertion of
section 56A in

section immediately after section 56— No. 8 of 1999.


EE TD SSS SSS

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2015 Environmental Management and Co-ordination (Amendment) No. 5

Guidelines on climate 56 A. The Cabinet Secretary shall, in

change. : : :
consultation with relevant lead agencies,
issue guidelines and prescribe measures on
climate change.

41.The heading to Part VI of the principal Act is heeding of Par a
amended by deleting the words “Environmental Impact of No.8 of 1999.
Assessment” and substituting therefor the words

“Integrated Environmental Impact Assessment”.


42. The principal Act is amended by inserting the Insertion of -
section 57A in

following new section immediately after the heading of No.8 of 1999.

Part VI-

Strategic 57A. (1) All Policies, Plans and

Environmental . :

Assessment. 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 level, or which are
prepared by an authority for
adoption through a legislative
procedure by Parliament,
Government or if regional, by
agreements between the

governments or __ regional
authorities, as the case may be;

(b) determined by the Authority as

likely to have significant effects
on the environment.

(3) All entities shall undertake or
cause to be undertaken the preparation of
strategic environmental assessments at their
own expense and shall submit such
assessments to the Authority for approval.

(4) The Authority = shall, in
consultation with lead agencies and relevant


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72
No. 5 Environmental Management and Co-ordination (Amendment) 2015

stakeholders, prescribe rules and guidelines
in respect of Strategic Environmental

Assessments.
43. Section 58 of the principal Act is amended — Amendment of
section 58 of No.
8 of 1999,

(a) by deleting subsection (2) and substituting
therefor the following new subsection—

(2) The proponent of any project
specified in the Second Schedule shall
undertake a full environmental impact
assessment study and submit an
environmental impact assessment
study report to the Authority prior to
being issued with any licence by the
Authority:


Provided that the Authority may direct
that the proponent forego the
submission of the environmental
impact assessment study report in
certain cases.

(b) in subsection (6), by deleting the words “ in
consultation with the Standards
Enforcement and Review Committee”;

(c) by inserting the following new subsection
immediately after subsection (6)—

(6A) The Cabinet Secretary in
consultation with the Authority shall
make regulations and _ formulate
guidelines for the practice of
Integrated Environmental Impact

Assessments and Environmental
Audits.

(6B) The Cabinet Secretary shall
make regulations for the accreditation
of experts on environmental impact
assessments.

(d) by inserting the following new subsection
immediately after subsection (9)—

(10) A_ person who knowingly
submits a report which contains


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2015 Environmental Management and Co-ordination (Amendment) No. 5

information that is false or
misleading commits an offence and
is liable on conviction, to a term of
imprisonment of not more than three
years, or to a fine of not more than
five million shillings, or to both such
fine and imprisonment and in
addition, his licence’ shall be
revoked.
44. Section 59 of the principal Act is amended by— — Amendment of

section 59 of No.

(a) deleting the words “for two successive 80f1999.
weeks in the Gazette and in a newspaper
circulating in the area or proposed area of
the project” and substituting therefor the
words “in the Gazette, in at least two
newspapers circulating in the area or
proposed area of the project and over the
radio”;

(b) inserting the following new subsection
immediately after subsection (2) —

(3) The Authority shall ensure that its
website contains a summary of the report
referred to in subsection (1).

45. Section 64 of the principal Act is amended by Amendinent of
inserting the following new subsection immediately after gori909.

subsection (2)—

(3)Where the Authority has directed that a
fresh environmental impact assessment be
carried out, or that new information is
necessary from the project proponent, any
environmental impact assessment licence that
has been issued may be cancelled, revoked or
suspended by the Authority.


46. Section 67 of the principal Act is amended — Amendment of
section 67 of No.

(a) by deleting subsection (1) and 8°!!9%.
substituting therefor the following new

subsection —

(1) The Authority may, after the
issuance of an environmental impact
assessment licence —


74

No. 5 Environmental Management and Co-ordination (Amendment) 2015

(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.

(b) by inserting the following new
subsection immediately after subsection

()—

(1A) Where the Authority cancels,
revokes or suspends a licence in
accordance with this section, the
reasons for such action shall be given
to the licensee in writing.

47. Section 68(1) of the principal Act is amended by
inserting the words “or its designated agents” immediately
after the word “Authority”.

48. Section 69 of the principal Act is amended
by inserting a new subsection immediately after subsection
(1) as follows —

(1A) Every lead agency shall establish an
environmental unit to implement the provisions of
this Act.

49. The principal Act is amended by repealing section
70.

50. The principal Act is amended by repealing section
71 and replacing it with the following new section—

Water quality 71. (1) The Cabinet Secretary shall, on
standards. . .
the recommendation of the Authority —

(a) establish criteria and
procedures for the
measurement of water
quality;

(b) recommend minimum water
quality standards for all the
waters of Kenya and for
different uses, including —


Amendment of
section 68 of No.
8 of 1999.

Amendment of
section 69 of No.
8 of 1999.

Repeal of section
70 of No.8 of
1999.

Repeal and
replacement of
section 71 of No.8
of 1999.


2015

75


Environmental Management and Co-ordination (Amendment) No. 5

(i) drinking water;
(ii) water for industrial

purposes;

(iii) water for agricultural
purposes;

(iv) water for recreational
purposes;

(v) water for fisheries and
wildlife; and

(vi) for any other prescribed
water use;

(c) analyse conditions for the
discharge of effluents;

(d) issue guidelines or
regulations for the

(e)

(f)

(2) The

preservation of fishing areas,
aquatic areas, water sources
and reservoirs and _ other
areas, where water may need
special protection;

recommend measures
necessary for the treatment of
effluents before being
discharged into the sewerage
system; and

make any other
recommendation that may be
necessary for the monitoring
and control of water
pollution.

Authority shall consult and

take into consideration the views of lead

agencies

before making the

recommendations under subsection (1).

51. Section 74 (1) of the principal Act is amended by
deleting the words “Local Authority” and substituting
therefor the word “entity”.

52. Section 75 (1) of the principal Act is amended by
deleting the words “Local Authority” and substituting
therefor the word “entity”.


Amendment of
section 74 of No.
8 of 1999.

Amendment of
section 75 of No.
8 of 1999.


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No. 5 Environmental Management and Co-ordination (Amendment) 2015

53. The principal Act is amended by repealing section
78 and replacing it with the following new section—

Air quality standards

78. The Cabinet Secretary shall, on the
recommendation of the Authority —

(a) establish criteria and procedures

for the measurement of air
quality;

(b) set—

(i) ambient air quality

standards;

(ii) occupational air quality
standards, emission
standards for various
sources;

(c)

(d)

(ii) criteria and guidelines
for air pollution control
for both mobile and
stationary sources; and

(iv) any other air quality
standards;

determine measures necessary
to reduce existing sources of
air pollution by requiring the
redesign of plants or the
installation of new technology
or both, to meet the
requirements of — standards
established under this section:

issue guidelines to minimize
emissions of greenhouse gases
and identify suitable
technologies to minimize air
pollution; and

co all such things as appear
necessary for the monitoring
and controlling = of air
pollution.

(2) The Authority shall consult and
take into consideration the views of lead

Repeal and
replacement of
section 78 of No.
8 of 1999.


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2015 Environmental Management and Co-ordination (Amendment) No. 5

agencies before making the
recommendations under subsection (1).

54. Section 79 of the principal Act is amended by
inserting the words “Subject to the Constitution and any
other relevant laws” immediately before the words “The
Minister”.

55. Section 86 of the principal Act is amended by
deleting the words “The Standards and Enforcement
Review Committee shall, in consultation with the relevant
lead agencies, recommend to the Authority measures
necessary to” and substituting therefor the following words
“The Cabinet Secretary shall, on the recommendation of
the Authority”.

56. Section 91 of the principal Act is amended —

(a) in subsection (1), by deleting the words
“Standards and Enforcement Review
Committee shall, in consultation with the
relevant lead agencies, recommend to the
Authority” and substituting therefor the
words “Cabinet Secretary shall, on the
recommendation of the Authority
determine’; and

(b) in subsection (2), by deleting the words
“Authority shall, on the recommendation of
the Standards and Enforcement Review
Committee” and substituting therefor the
words “Cabinet Secretary shall, on the
recommendation of the Authority”.

57. The principal Act is amended by repealing section
94 and replacing it with the following new section—

Standards of 94. The Cabinet Secretary shall, on the
pesticides and toxic . € .
substances. recommendation of the Authority —

(a) determine standards for the
concentration of pesticide
residues in raw — agricultural
commodities. For the purposes of
this paragraph, raw agricuitural
commodities —

Amendment of
section 79 of No.
8 of 1999.

Amendment of
section 86 of No.
8 of 1999.

Amendment of
section 91 of No.
8 of 1999.

Amendment of
section 94 of No.
8 of 1999.


No. 5

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Environmental Management and Co-ordination (Amendment)

(i) include fresh or frozen
fruit and vegetables in
their raw state, grains,
nuts, eggs, raw milk, meat
and other agricultural
produce;

(i) do not include any
agricultural produce or
good which is processed,
fabricated or manufactured
by cooking, dehydrating,
milling, or by any other
similar means;

(b) establish standards to regulate the

importation, exportation,
manufacture, storage, distribution,
sale, use, packaging,

transportation, disposal and
advertisement of pesticides and
toxic substances in consultation
with the relevant organizations;

(c) establish procedures for the
registration of pesticides and toxic
substances;

(d) determine measures to ensure
proper labelling and packaging of
pesticides and toxic substances;

(e) determine measures for
monitoring the effects of
pesticides and toxic substances on
the environment;

(f) determine measures for the
establishment and maintenance of
laboratories to operate as
standards laboratories for
pesticides and toxic substances;
and

(g) determine measures for the
establishment of enforcement
procedures and regulations for the
storage, packaging and
transportation of pesticides and
toxic substances.

2015


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2015 Environmental Management and Co-ordination (Amendment) No. 5

58. The principal Act is amended by repealing section Amendment of
section 101 of No.

101 and replacing it with the following new section— 8 of 1999.

Standards for noise. 101. 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 measurement of noise and
vibration pollution into the
environment;

(c) determine criteria and procedures
for the measurement of sub-sonic
vibrations;

(d) determine standards for the
emission of sub-sonic vibrations
which are likely to have a
significant impact on _ the
environment;

(e) issue guidelines for the
minimization of sub-sonic
vibrations, referred to in
paragraph (d) from existing and
future sources:

(f) determine noise level and noise
emission standards applicable to
construction sites, plants,
machinery, motor vehicles,
aircraft including sonic bonus,
industrial and commercial
activities:

(g) determine measures necessary to
ensure the abatement and control
of noise from sources referred to
in paragraph (f); and

(h) issue guidelines = for the
abatement of unreasonable noise
and vibration pollution emitted


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Environmental Management and Co-ordination (Amendment) 2015

into the environment from any
source.

59. The principal Act is amended by inserting the
following new section immediately after section 103—

Radiation
Standards.
Cap. 243.

104. (1) Subject to the provisions of the
Radiation Protection Act, the Cabinet
Secretary, on the recommendation of the
Authority, shall —

(a)

(b)

establish the standards for the
setting of acceptable levels of
ionizing and other radiation
in the environment; and

establish criteria and
procedures for the
measurement of ionizing and
other radiation.

(2) The Authority shall—

(a) inspect and examine any area,

(b)

place or premises or any
vehicle, vessel, boat or any
carrier of any description in
or upon which the Authority
has reasonable cause to
believe that radioactive
material or any source of
ionizing radiation is stored,
used, transported or disposed
of;

examine any person with
respect to matters under this
Act, where there is
reasonable cause to believe
that that person is
contaminated with
radioactive material, or is in
unlawful possession of an
ionizing radiation source;

in collaboration with the
Radiation Protection Board,
conduct an ionizing radiation


Insertion of
section 104 in No.
8 of 1999,


EEEEEEEEEEESSSS'S:’'5~~ rr

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2015 Environmental Management and Co-ordination (Amendment) No. 5

monitoring programme and
advise on ionizing and
radiation control and
protection measures;

(d) maintain records of release of
radioactive contaminants into
the environment;

(e) keep records of baseline data
on radiation in the
environment;

(f) maintain a register of all
radioactive substances
imported into Kenya; and


(g) do all such things as may be
necessary for the monitoring
and control of pollution from

radiation.
‘ ned 7 Amendment of
60. Section 112 of the principal Act is amended— section 112. of No.
8 of 1999.

(a) in subsection (1), by inserting the words

“and the Land Act, 2012” immediately Ne-6°f70!2
after the word “ Act”;

(b) by inserting the following new subsection
immediately after subsection (5) —

(SA) The principle of voluntary
environment management shall be used to
encourage land owners to grant an easement
on their land and to encourage environmental
conservation as a competitive land use

option.
: net ; Amendment of
61. Section 117 of the principal Act is amended— suction I17 of No.
8 of 1999.

(a) in subsection 3(g), by inserting the words
“or his designate” after the words
“Director-General”;

(b) in subsection 3(1), by deleting the words
“three months” and substituting therefor
the words “fourteen days”;

(c) by inserting the following new subsection
immediately after subsection (4) —

NE OE LOE Ee


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No.5 Environmental Management and Co-ordination (Amendment) 2015

(5) In effecting arrest, the Authority may
request the Inspector- General for such
number of officers as it may require.

62. Section 118 of the principal Act is amended by—

(a) deleting the words ‘Attorney-General’
wherever they occur and substituting therefor
the words “Director of Public Prosecutions”;

(b) inserting the words “section 29 of the Office
of the Director of Public Prosecutions Act”
immediately after the word “Constitution”.

63. Section 119 (3) of the principal Act is amended by
deleting the words “on the advice of the Standards
Enforcement Review Committee”.

64. Section 124 of the principal Act is amended, by —

(a) deleting the words “ direction and control of
the Council, in consultation with relevant
lead agencies” and substituting therefor the
words “Treaty Making and Ratification Act”;

(b) deleting subsection (2).

65. The principal Act is amended, by inserting the
following new section immediately after section 124—

Transactions

sa 124A. (1) The Cabinet Secretary shall,
requiring ae .
Parliamentary within six months from the commencement
ratification. 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, quantity, quality,
value, location and dimensions of natural
resources whose agreements require
Parlianicntary approval shall be specified in
an Act of Parliament.

‘3) Any transaction requiring
ratific:tion by Parliament as required in this
section shall include the grant of a right or
concession by or on behalf of any person,
including a local community, a county or the
national government, to another person—

Amendment of
section 118 of No.
8 of 1999.

No. 2 of 2013.

Amendment of

section 119 of No.
8 of 1999.

Amendment of
section 124 of No.
8 of 1999.

No. 45 of 2012

Insertion of
section 124A in
No. 8 of 1999.


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2015 Environmental Management and Co-ordination (Amendment) No. 5

(a) for the exploitation of wildlife
resources and habitats; resources
of gazetted forests, water
resources, resources on
community land and
biodiversity resources; and

(b) in the case of a foreign national
or company, land owned by
such person of more than three
hectares.

(4) The Cabinet Secretary may, by
notice in the Gazette, specify additional
environmental resources whose transactions
require ratification by Parliament.

(5) Any agreements concluded before
the promulgation of the Constitution and the
coming into force of this Act may be
reviewed within a period of two years.

66. Section 125 of the principal Act is amended — Amendment of
section 125 of No.

(a) in subsection (1), by deleting paragraph (d) 8 °f 1999.
and substituting therefor the following new
paragraph—

“(d) three persons with demonstrated
competence in environmental matters,
including but not limited to land, energy,
mining, water, forestry, wildlife and
maritime affairs.”

(b) by inserting the following new subsections
immediately after subsection (4) —

(5) The members of the Tribunal shall,
in their first meeting, elect from
amongst themselves the Vice-
Chairperson to the Tribunal.

(6) The Chairperson and Vice-
Chairperson shall be of opposite
gender.

(7) In the absence of the Chairperson,
the Vice Chairperson shall serve as
the acting Chairperson for the


84

No. 5 Environmental Management and Co-ordination (Amendment) 2015

duration of the absence of the
Chairperson and the acting
Chairperson shall perform such
functions and exercise such powers
as if that person were the
Chairperson.

(8) In the absence of both the
Chairperson and the Vice
Chairperson, the members of the
Tribunal present may nominate,
from among themselves, a person to
act as the Chairperson, which
person shall have the training and
qualifications in the field of law and
such person, while acting as the
Chairperson, shall perform such
functions and exercise such powers
as if that person were the
Chairperson.

(9) The Chairperson may designate the
Vice Chairperson and two other
members to constitute a separate
sitting of the Tribunal.”

67. Section 126 of the principal Act is amended by
inserting the following new subsection immediately after
subsection (5)—

(6) Any person who is a party to the proceedings
before the Tribunal may appear in person or be
represented by an Advocate.”

68. Section 128 of the principal Act is amended by
deleting subsection (1) and substituting therefor the
following new subsection —

(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.

69. Section 129 of the principal Act is amended-

(a) in subsection (1), by deleting paragraph (a)
and substituting therefor the following
new paragraph—

Amendment of
section 126 of No.
8 of 1999.

Amendment of
section 128 of No.
8 of 1999.

Amendment of
section 129 of No.
8 of 1999.


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2015 Environmental Management and Co-ordination (Amendment) No. 5

(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 regulations
made thereunder.

(b) in subsection (2), by inserting the words
“or its agents” immediately after the
words “committees of the Authority”.

(c) in subsection (3) (c), by inserting the
words “orders to enhance the principles of
sustainable development and”
immediately after the word “including”.

70. Section 134 of the principal Act is amended — Amendment of
section 134 of No.

(a) by inserting the words “on the %0f1999.
recommendation of the Salaries and
Remuneration Commission” immediately
after the words “Minister”;

(b) by renumbering the existing provision as
subsection (1) and inserting a new subsection
as follows —

(2) The remuneration and allowances
referred to in subsection (1) and any other
expenses incurred by the Tribunal in the
execution of its functions under this Act
shall be paid out of monies voted by
Parliament for that purpose.

71. The Principal Act is amended by inserting the !sertion of

. . . . . section 134A in
following new section immediately after section 134— No. 8 of 1999.

Staff of the Tribunal. 134A. “There shall be such other staff
of the Tribunal as may be necessary for the
performance of its functions”.

72. Section 137 of the principal Act is amended by Amendment of
deleting the words “not more than twenty-four months, or ener ToENo.
to a fine of not more than five hundred thousand shillings
or to both such fine and imprisonment” and substituting
therefor the words “of not less than one year but not more
than four years, or to a fine of not less than two million
shillings but not more than four million shillings, or to both

such fine and imprisonment.”


86
No. 5 Environmental Management and Co-ordination (Amendment) 2015
73. Section 139 of the principal Act is amended Amendment of

by deleting the words “of not more than five hundred
thousand shillings, or to imprisonment for a term of not
more than twenty-four months, or to both such fine and
imprisonment” and substituting therefor the words “of not
less than one year but not more than four years, or to a fine
of not less than two million shillings but not more than four
million shillings, or to both such fine and imprisonment.”

74. Section 140 of the principal Act is amended by
deleting the words “not more than five hundred thousand
shillings, or to imprisonment for a term of not more than
twenty-four months, or to both such fine and
imprisonment” and substituting therefor the words “of not
less than one year but not more than four years or to a fine
of not less than two million shillings but not more than four
million shillings, or to both such fine and imprisonment.”

75. Section 142 of the principal Act is amended by
deleting the words “not more than five hundred thousand
shillings” and substituting therefor the words “not less than
two million shillings but not more than than five million
shillings”.

76. Section 143 of the principal Act is amended —

(a) in the marginal note, by inserting the words
“orders of the Tribunal” immediately after
the word “orders”;

(b) by renumbering section 143 as section 143
(1);

(c) by inserting a new paragraph immediately
after paragraph (c) as follows—

““(d) fails, neglects or refuses to comply
with any order made by the
Tribunal,”;

(d) by deleting the words “not more than
twelve months, or to a fine of not more than
five hundred thousand shillings, or both”
and substituting therefor the words “of not
less than one year and not more than four
years or to a fine of not less than two
million shillings and not more than four
million shillings or to both such fine and
imprisonment.”;

section 139 of No.
8 of 1999.

Amendment of
section 139 of No.
8 of 1999.

Amendment of
section 142 of No.
8 of 1999.

Amendment of
section 143 of No.
8 of 1999.


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2015 Environmental Management and Co-ordination (Amendment) No. 5

(e) by renumbering the existing provision as
subsection (1) and inserting the following
new subsection —

(2) Failure by a lead agency to comply
with a directive of the Authority issued
under section 12 of this Act shall
constitute an offence.

77. Section 144 of the principal Act is amended — Amenciment of
section
(a) by deleting the words “who commits an 00 8 of

offence against” and substituting therefor the
word “contravenes”; and

(b) by deleting the words “more than eighteen
months, or to a fine of not more than three
hundred and fifty thousand shillings” and
substituting therefor the words “of not less
than one year but not more than four years,
or to a fine of not less than two million
shillings but not more than four million
shillings, or to both such fine and
imprisonment.”

nei ‘ : ; Insertion of
78. The principal Act is amended by inserting anew BSP OnD a,

section immediately after section 147— No. 8 of 1999.
County legislation. 147 A. A County may make legislation
| in respect of all such matters as are
necessary or desirable that are required or
Act.

79. The principal Act is amended by repealing section Ro ecemen tof

148 and replacing it with the following section— section 148 of
No. 8 of 1999.

permitted under the Constitution and _ this
)
,
}

Effect of existing 148. Any written law by the national

laws. 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 conflict with any

rrr


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No. 5 Environmental Management and Co-ordination (Amendment) 2015

provisions of this Act, the provisions of this
Act shall prevail.

80. The principal Act is amended by repealing the
Second Schedule and substituting therefor the following
new Schedule—


Repeal and
replacement of
the Second

Schedule to No. 8
of 1999,


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2015 Environmental Management and Co-ordination (Amendment) No. 5

SECOND SCHEDULE (s 58)

Projects requiring submission of an Environmental Impact
Assessment Study report

1. Changes in land use including

(a) Major changes in land use.

(b) Large scale resettlement schemes.
2. Urban Development including

(a) Designation of new townships.

(b) Establishment of industrial estates.

(c) Establishment of new housing developments exceeding 30
housing units.

(d) Establishment or expansion of recreational areas in National
Parks, National reserves, Forest and nature reserves and any
areas designated as environmentally sensitive.

(e) Shopping centres and complexes.
3. Transportation
(a) All paved roads.
(b) Construction of new roads in environmentally sensitive areas.
(c) Railway lines.
(d) Airports and airfields.
(e) Oil and gas pipeline.
(f) Water transport.
(g) Construction of tunnels.
4. Dams, rivers and water resources including —

(a) Any project located within a distance prescribed by a written
law from a wetland, ocean, sea, lake, river, dam, stream, spring
or any other water body.

(b) Storage dams, barrages and piers.
(c) River diversions and water transfer between catchments.
(d) Large scale flood control schemes.

(e) Drilling for the purpose of utilizing ground water resources
including geothermal energy.


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No. 5


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Environmental Management and Co-ordination (Amendment) 2015
Aerial spraying
Mining including quarrying and open cast extraction of —
(a) Precious metals.
(b) Gemstones.
(c) Metalliferous ores.
(d) Coal.
(e) Phosphates.
(f) Limestone and dolomite.
(g) Large scale commercial stone and slate.

(h) Commercial large scale harvesting of aggregate, sand, gravel,
soil and clay.

(i) Exploration for the production of petroleum in any form.
(j) Extracting alluvial gold with use of mercury.

(k) Geothermal energy exploration and production.
Forestry related activities

(a) Timber harvesting.

(b) Clearance of forest areas.

(c) Reforestation/afforestation with alien species.

(d) Introduction of alien species.

(e) Excisions of gazetted forest for whatever purposes.

(f) Any projects located within forest reserves such as
construction of dams or other control structures that flood
large areas of relatively un degraded areas.

Agriculture including

(a) Large scale agriculture.

(b) Introduction of new pesticides.

(c) Pest control programs (large scale).

(d) Widespread introduction of new crops and animals.

(e) Widespread introduction of fertilizers.

(f) Irrigated agriculture exceeding 50 ha.


EE SESESSSS’ "5

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2015 Environmental Management and Co-ordination (Amendment) No. 5

(g) Major developments in biotechnology including the
introduction and testing of genetically modified organisms.

9. Processing and Manufacturing Industries including—
(a) Mineral processing, reduction of ores and minerals.
(b) Smelting and refining of ores and minerals.

(c) Foundries.

(d) Large scale brick and earth ware manufacture.

(e) Cement works and lime processing.

(f) Glass works.

(g) Explosive plants.

(h) Fertilizer manufacture or processing.

(i) Oil refineries and petrochemical works.

(j) Large scale tanning and dressing of hides and skins.

(k) Large scale abattoirs (more than 15 animals/day) and meat
processing plants.

(1) Large scale brewing and malting.

(m) Bulk grain processing and storage

(n) Large scale fish processing plants.

(o) Pulp and paper mills.

(p) Large scale food processing plants.

(q) Plants for manufacture of assembly of motor vehicles.

(r) Plants for the construction and repair of aircrafts or railway
equipment.

(s) Plants for the manufacture of tanks, reservoirs and sheet
metals containers.

(t) Plants for the manufacture of coal brickets.

(u) Plants for the manufacturing of batteries.

(v) Chemical works and processing plants.

(w) Plants for the manufacture or assembly of motor vehicles.
10. Electrical infrastructure including —

(a) Electricity generation stations.


No. 5

11.

12.

13.

14.
15.

(b)
(c)
(d)

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Environmental Management and Co-ordination (Amendment) 2015

Electrical transmission lines above 66 KVA.
Electrical sub stations.

Pumped storage schemes.

Management of hydrocarbons

Bulk storage of natural gas, petroleum and any combustible and
explosive fuels.

Waste disposal including —

(a)
(b)
(c)
(d)
(e)
(f)
(g)

Sites for solid waste disposal.

Sites for toxic, hazardous and dangerous wastes.
Waste water treatment plants.

Sewage treatment plants.

Works involving major atmospheric emissions.
Installations for disposal of industrial wastes.

Works emitting offensive odours.

Natural conservation areas—

(f)

(g)

Establishment of Protected areas, buffer zones, and
wilderness Areas.

Commercial exploitation of natural fauna and flora.

Introduction of alien species of flora and fauna into
ecosystems.

Actions likely to affect endangered species of flora and fauna.

Wetlands reclamation and or any projects likely to affect
wetlands.

Projects located in indigenous forests including those outside
of gazetted forests.

Projects that affect any areas designated as environmentally
sensitive areas.

Nuclear reactors and nuclear plants

Marine areas
(a)
(b)

Mineral exploitation of resources in the marine areas.

Reclamation of marine areas.