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2021-06-16T09:49:50Z
Nairobi City County Solid Waste Management Act, Kenya 2015.pdf
:

REPUBLIC OF KENYA

NAIROBI CITY COUNTY GAZETTE
SUPPLEMENT

ACTS,201 5

NAIROBI, 22nd Octob€r, 2015

CONTENT

Act-
PAGE

The Nairobi City County Solid Waste Management Act .............................. 1

PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER. NAIROBI


1

I

I

i

I


THE NAIROBI CruY COI.INTY SOLD WASTE,
IVIANAGEMENT ACT ,2015

No.5 of 2015

Date of , ssent: l6th October, 2015

Date of Commelrcement: See Section l
ARRANGEMENT OF CLAUSES

Section

PART I- PRELIMINARY
l-Short title and commencement.
2-Interpretation.

PART II-GENERAL PROVISIONS
3-Objects of the Act.

4-Shared responsibilities, entitlements.

s-Right to a clean and healthy environment, etc.
6-Public and private sector participation.

7-Solid waste management charge.

8-Environmental levy.

9-M aterial recovery.
10-Solid waste categorrzation and handling.

ll-Zoning.
Iz-Prohibition of certain operations.

13-Power of entry.

14-No licence for non-compliant businesses, etc.
1 s-Prohibition against manufacture, etc of certain plastics.

l6-County government may directly collect waste.

PART III-COLLECTION
l7-Owner or occupier responsibility for surrounding area.

l8-County government to provide containers.

lg-Approval of waste containers.

z}-Colour coding of waste bags or container.


No.5
2

It{airobi City CounQ Solid Waste Management

zl-Rranding of bags and other containers.
zz-Provision, placement and maintenance of waste
containers.

z3-Proof of arrangement for waste collection services.
24-Destruction of waste container.

2 5-S eparation of waste.
PART TV-TRANSPORTATION

26-Licence to transport waste.

z7-Revocation of licence, etc.

28-Registration of tenants, etc.

PART V-TREATMENT
zg-Treatment licences.

PART VI-DISPOSAL
3O-Disposal.

3l-Offence to enter disposal sites, etc.

32-Junk waste disposal, etc.

PART VII- MISCELLANEOUS
33-General offences.

34-Offences to deploy hazardouS, e.t.c waste container, etc.

35-Public education on solid waste management.

36-General penalties.

37-When offence by body corporate, partnerships, etc.

3 8-Regulations.

2015

1
I


3

2015 lr{airobi City County Solid Waste Managentent
THE NAIROBI CITY COUNTY SOLID WASTE

MANAGEMENT ACT,20t5

AN ACT of the County Assembly of Nairobi City to
make provision for the management of solid waste
in the county and for related matters

ENACTED by the County Assembly of Nairobi City
as follows -

PART I_PRELIMINARY
1. This Act may be cited as the Nairobi City County

Solid Waste Management Act, 2015 and shall come into
effect six months after assent by the governor.

2. In this Act, unless the context otherwise requires-
"agricultural waste" is waste that is generated from

animals rearing and the production or harvesting of crops
or trees and includes animal carcasses;

"authoized officer" means the chief officer, the
director of environment or any other officer authorized by
the county government in writing for the pu{poses of the
enforcement of the provisions of this Act;

"biomedical or clinical waste" means all waste arising
from medical, nursing, dental, veterinary, pharmaceutical
or similar practice, which by nature of its toxic, infectious
or dangerous content and includes human or animal tissue
excretions, drugs and medical products, swabs, dressings
and instruments or similar substances;

"chief officer" means the chief officer responsible for
environment;

"construction and demolition waste" means waste
generated from construction, renovation, repair and
demolition of structures including buildings and roads;

"disposal" in reference to waste means the final
placement of waste in the designated site without intention
of retrieval and may include the disposal of raw or
intermediary handled inert or otherwise unwanted
residues;

"domestic waste" means waste produced from
dwellings but does not include agricultural waste;

No.5

Short title and
commencement.

Interpretation.


No.5
4

I{airobi City CounQ Solid Waste Management

"disposal site" means any area of land on which waste
disposal facilities are physically located or final discharge
point without the intention of retrieval but does not mean a
re-use or re-cycling plant or site;

"e-waste" means electronic products that have become
unwanted, non-working or obsolete;

"executive committee member" means the county
executive committee member responsible for environment;

"environment" includes physical factors of the
surroundings of human beings including land, water,
atmosphere, clim ate, sound, odour, taste, the biological
factors of animals and plants and the social factors of
aesthetics and includes both the natural and the build
environment;

"hazardous waste" means any waste which has been
determined by the executive committee member to be
hazardous waste or to belong to any other category of waste
provided for in Section 9l of the National Environmental
Management and Co-ordination Act;

"incineration" means the controlled burning of solid
wastes to produce gases and residues containing little or no
combustible materials for purposes of eliminating or
minim rzing potential adverse impacts of the waste to the
environment;

"industrial solid waste" means waste generated by
businesses from an industrial or manufacturirrg process;

'Junk waste" consist of assorted item including
automobiles, bicycles, industrial plants and other
equipment that are obsolete whether abandoned or not in
public or private places;

"market waste" means organic waste generated from
public market facilities;

"municipal waste" means everyday waste items
generated by commercial establishments and households;

"occupier" means a person in occupation or control of
premises and in relation to premises, different parts of
which are occupied by different persons means the
respective persons in occupation or control of each part;

20t5


2015
5

l{airobi Citlt CounN Solid Waste Management No.5

"premises" includes passages, buildings, lands and
segment in every tenure and machinery, plant or vehicle
used in connection with any trade carried on at any
premises;

"recycling" means the processing of waste material
into a new product of similar chemical composition;

"re-use" means waste use of waste with or without
cleaning or repair;

"solid waste" includes any waste in solid form which
is deposited in the environment in such volumes or
composition likely to cause an alteration of that
environment;

"solid waste management" means the activities,
administrative and operational, that are used in the
handling, packaging, treatment, conditioning, reducing,
recycling, re-use, storage and disposal of the solid waste so
as to protect the environment against the possible resultant
adverse effects;

"waste generator" means any person whose activities
under his or her direction produces waste, or if that person
is not known, the person who is in possession or control of
that waste;

"transport" in reference to solid waste means the
transfer of solid waste from any point including but not
limited to generation, intermediate handling, and
collection points and final disposal;

"zone" means a zone into which the county is
divided for the purposes of this Act.

PART II-GENERAL PROVISIONS
3. The objects of this Act are to- objectof theAct.
(a) provide a county legal framework for solid waste

management function as spelt out in the Part 2 of
the Fourth Schedule of the Constitution of Kenya
2010;

(b) pursuant to Article 69 (l) (O of the Constitution,
provide for a framework to encourage public
participation in the management, protection and
conservation of the environment;


6
No. 5 l{airobi City CounQ Solid Waste Management

(c) provide for a legal basis for the implementation of
the county integrated solid waste management plan;

(d) provide for and regulate the participation of the
various actors in solid waste management in the
county.

4. Solid waste management shall be a shared
responsibility amongst all actors including the county
government, generators, owners and occupiers of premises
and contracted service providers.

5. Every person within the county is entitled to a clean
and healthy environment and has a duty to safeguard and
enhance the quality of the environment.

6. ( 1) The executive committee member, in
consultation with the governor, shall allow for, and facilitate
the participation of all persons including individuals,
corporate entities, and community and neighbourhood
associations and organisations in all aspects of solid waste
management in order to attain and maintain high and
sustainable standards in solid waste management within the
county.

(2) The executive committee member, in consultation
with the governor, shall establish mechanisms for the
involvement of the various actors in solid waste
management in the county and these mechanisms may
include -

(a) franchise system;

(b) management contracts paid for by the county
government; or

(3) The mechanisms referred to in subsection (2) may
be applied in a specified zone and for a definite duration of
time as determined by the executive committee member in
consultation with the Governor.

(4) Every actor in solid waste management services
including generators and service providers shall operate
within the frameworks in place for their particular zones.

7. The executive committee member, in consultation
with the governor and with the approval of the County
Assembly, ffioy, by notice in the gazette, impose a charge on
generators of solid waste within the county for purposes of

20t5

Shared
responsibilities,
entitlements.

Right to a clean
and healthy
environment. etc.

Public and private
sector
participation.

Solid waste
management
charge.


meeting the costs of solid waste management within the
county.

8. (1) The executive committee member responsible for Fnvironmental
finance, may, in consultation with the Governor ind with the l"'v'
approval of the County Assembly, by Order impose at the
rate of not more than two per cent of the property rates
payable in respect of a ratable property, a charge to be
known as the environmental levy to be applied in waste
management, dealing with environmental nuisances and to
improve the quality of the environment generally.

(2) The Order mentioned in subsection ( 1) shall provide
the manner in which the environmental levy may be
imposed and its administration.

2015
l

lVairobi City County Solid Waste Management

9. The executive committee member shall establish
guidelines through regulations and undertake activities to
facilitate and promote recovery of waste materials through
reduction, re-use, recycling and composting of waste by the
various actors in solid waste management.

10. ( 1) The executive committee member shall, by
regulations, divide solid waste generated in the county into
various categories depending on their physi cal or chemical
characteristics and provide for the necessary manner of the
handling of such waste so as to guarantee the health and
safety of all, including but not limited to the waste handlers,
as well as the wellbeing of the environment.

(2) The categories of solid referred to in subsection ( 1)
include -

(a) municipal waste;
(b) market waste;

(c) construction and demolitions waste;
(d) industrial solid waste'

(e) agricultural waste;
(0 biomedical or clinical waste;
(g) hazardous waste;

(h) e- waste;

(i) plastic waste;
0) junk waste;
(k) any other category of waste as the county executive

corrunittee member may, in writing, determine.

No.5

Material recovery.

Solid Waste
Categorization
and Handling.


No.5
8

I{airobi City County Solid Waste Management

11. (1) The County shall be divided into zones specified
in the Schedule.

(2) Any person or firm authorrzed to collect transport
waste shall be guilty of an offence if he or she operates
outside the zone in which he or she is authorrzed to operate
in.

12. An authorised officer may order any person to
immediately cease an operation involving the generation,
handlirg, transportation, storage or disposal of any waste
whose such generation, handlirg, transportation storage or
disposal presents an imminent and substantial danger to
public health or to the environment.

13. An authorized officer may at any hour reasonable,
for proper performance of his or her duty, under this Act,
enter any land or premises to make any inspection, inquiry,
investigation or to perform any other work or do anythirrg
which is required or authorized by this Act or any other law
to do if such inspection, inquiry, investigation or work is
necessary for, or is incidental to, the performance of his or
her duties or the exercise of his or her powers under this Act.

14. A person shall not be licensed to carry on a business
or an activity that generates solid waste unless that person
demonstrates that he or she has established measures to
minimtze solid waste generation by adopting the following
cleaner production principles -

(a) improvement of production process through
conserving raw materials and energy;

(b) incorporating environmental concerns in the design,
process and disposal of a product;

(c) monitoring the product cycle from beginning to end
in order to

(i) enable the recovery and re-use of the product
where possible;

(ii) facilitate reclamation and recycling.
15. (1) No person may manufacture, have in his or her

possession, offer for sale or distribution in any manner
within the county any carry bags form virgin plastic of
thickness of less than 30 micron and of a size not less than
"8x 12" and of a colour other than the specitied colour of the
Kenyan Standard.

201s

Zoning.

Prohibition of
certain operations.

Power of entry.

No licence for
non-compliant
businesses. etc.

Prohibition
against
manufacture. etc
of certain plastics.


2015
9

Ir{airobi City Count,v Solid Waste Management

(2) Notwithstanding the provisions of subsection ( 1) of
this sectiofl, & person may manufacture carry bags of a srze,
thickness and colour specified by this Act or any other law
from recycled plastic materials but such materials must be
locally recycled.

(3) A person who contravenes this provision commits
an offence.

PART III_COLLECTION
l6.The county government may directly or indirectly

undertake collection of solid waste from the streets and any
other public spaces.

17 . ( 1) It shall be the duty of every occupier or owner
or agent of a house, or other premise to clean or cause to be
cleaned ten metres radius around his or her house or other
premises or any area otherwise in his or her control but
which shall not include a main road or street.

(2) No person shall place or cause or permit to be
placed upon frontage of a house, building or any other
premises any waste other than for purposes of enabling the
convenient collection of such waste by a waste collector or
transporter.

(3) Anyone who contravenes this section shall be guilty
of an offence.

18. ( 1) The county government shall provide
appropriate waste containers for the disposal of solid waste
in the public streets and other public places.

(2) Any person who places, or causes or permits to be
placed any solid waste anywhere except in a designated
waste container shall be guilty of an offence.

(3) Any person who places or allows usage of a waste
container in a public place or private premises which is not
of such a design , size, shape and quality prescribe by or
under this Act shall be guilty of an offence.

(4) The county government may hire out to the owner,
or occupier of any premises, approved waste containers at
such charges and in accordance with such conditions as the
county government may determine.

19. ( 1) Every waste container shall be of size and
pattern approved by the county government and shall -

No.5

County
government may
directly collect
waste.

Owner or occupier
responsibility for
surrounding area.

County
government to
provide
containers.

Approval of waste
containers.


10

No. 5 |r{airobi Cin Countlt Solid Waste Management
(a) have suitable handles where appropriate;

(b) be close fitting, water and fly-proof;

(c) fitted with appropriate liner bags.

(2) Any person who uses or allows to be used waste
container of a sLZe or pattern not approved by the county
government under this section shall be guilty of an offence.

20. ( I ) Litter bins, liner bags and other solid waste
bags shall be coded as follows in order to facilitate waste
segregation -

(a) green liner container for organic waste;

(b) blue liner container for plastics and paper waste;

(c) brown liner container any other waste.

(2) The executive committee member may, by
regulation, prescribe other colour codes to be used in the
segregation of further categories of solid waste matter.

(3) Any person who deposits solid waste in any other
manner other than in the litter bin, liner bag or other
container which contravenes this section shall be guilty of an
offence.

21. ( 1) The following information shall be clearly
printed or marked on one side of the liner bags and the
containers -

(a) the name and logo of the service provider;

(b) the logo, address and phone number of the service
provider;

(c) any other information that_may be prescribed by the
executive committee member.

(2) Any person who uses or, being a service provider,
provides for use a liner bag or container that does not
comply with subsection (1) commits an offence.

22. (1) Every owner or occupier of any premises shall
provide it with an appropriate waste container and maintain
it in accordance with this Act and shall cause all domestic
waste from his or her premises to be placed in such
container and not anywhere else.

(2) Every such owner or occupier shall cause all waste
containers upon his or her premises to be placed and kept in

2015

Colour coding of
waste bags or
container.

Branding of bags
and other
containers.

Provision.
placement and
maintenance of
waste containers.


2015
t1

Ir{airobi City Counfii Solid Waste Manageruent

an approved place upon his or her premises or elsewhere as
directed by the authorrzed officer so as to be accessible to
the service provider that he or she has subscribed to for the
purpose of its removal.

(3) Every such owner or occupier of any premises shall
cause all refuse containers upon his or her premises to be
continuously covered so as to prevent any escape of the
contents thereof or any soakage there from into the ground,
save when refuse is being deposited therein or discharged
thereof.

(4) Every owner or occupier of any premise shall cause
all waste containers on his or her premises to be kept
reasonably clean and maintained in good condition.

(5) It shall be the duty of such owner or occupier to
ensure a safe and sanitary disposal of his or her waste and
show proof thereof failure to which he or she shall be guilty
of an offence.

(6) Any authortzed person may issue a notice requiring
the owner, or occupier of any premises within the county to
provide such number of waste containers and of specific
type as he reasonably thinks are necessary for the reception
of domestic or trade waste.

(7) Provision of required number of waste containers
shall be a condition to be fulfilled for the purpose of
granting of occupation permits and other licenses required
for public, residential and commercial buildings.

(8) Anyone who contravenes any of these measures and
requirements or fails to comply with a lawful direction
issued by an authorized officer under this section shall be
guilty of an offence.

(9) Any person who places, causes or permits to be
placed in any waste container , zny waste, substance or
matter which in the opinion of the authortzed officer has
been exposed to infection or is contaminated or is infectious
or which is in any way hazardous in nature shall be guilty of
an offence.

( 10) Every owner or occupier of any dwelling or any
premises shall show proof, if required to do so by the
authortzed officer of safe disposal of refuse from his or her
dwellirg or premises.

No.5


No.5
I2

I{airobi Citv CounQ Solid Waste Management

( 1 1) Anyone who contravenes any of these measures
and requirements or fails to comply with a lawful direction
issued by an authonzed officer under this section shall be
guilty of an offence.

23. (1) Any person(s) or tirm(s) whose waste is being
collected by the county government shall have proof of such
arrangement, which shall include, but not limited to a
payment receipt from the county government for such
services.

(2) Any person whose waste containers are being
serviced by an approved private service provider shall have
proof of such affangement, which shall include, but not
limited to a payment receipt from the service provider for
such services.

(3) It shall be sufficient proof of safe disposal of refuse
if an authenticated payment receipt from a licensed private
service provider, in case of domestic waste or a conservancy
certificate issued by the county government in case of trade
or commercial waste is produced.

(4) It shall be an offence for any waste generator to
subscribe to a solid waste collection services provider who is
not approved by the county government.

(5) Every owner or occupier of any dwelling or any
premises shall show proof, if required to do so by the
authonzed officer of safe disposal of refuse from his or her
dwelling or premises.

(6) Any person who contravenes any of the
requirements of this section or fails to comply with a lawful
direction issued by an authortzed officer under this section
shall be guilty of an offence.

24. (1) Any person who makes away with or willfully
damages any solid waste container, or any part thereof, the
property of the county government, shall be guilty of an
offence, and in addition to any penalty that may be imposed
by court shall pay to the county government cost of
replacement or repair of such container.

(2) Any person who makes away with or willfully
damages any solid waste container, or any part thereof, the
property of anyone duly authonzed by the county
government to install and maintain such container shall be
guilty of an offence, and in addition to any penalty that may

2015

Proof of
arrangement for
waste collection
services.

Destruction of
waste container.


2015
13

It{airobi Citlt CounQ Solid Waste Management

be imposed by court shall pay to the owner of the container
cost of replacement or repair of such container.

25. ( 1) Every generator of solid wastes shall separate or
cause to be separated the waste into various categories
including -

(a) organic;

(b) plastics;

(c) paper;
(d) metals; or

(e) any others that may be provided for in regulations.

(2) The segregated waste referred to in subsection ( 1)
shall be respectively contained separately in the approved
containers for such category of waste prior to collection or
other handlirg as appropriate.

(3) Every generator shall ensure appropriate collection
and transportation of the different wastes separated.

(4) A person who contravenes this section shall be
guilty of an offence.

(5) A person who commits an offence under any of this
section shall upon conviction be liable to a fine not
exceeding three hundred thousand shillings or to an
imprisonment not exceeding three years or to both such fine
and imprisonment.

PART IV _TRANSPORTATION

26. (l) Any person intending to collect and transport
solid waste within the county shall prior to commencing
such activity apply to the chief officer in the prescribed
mannet a license to transport waste.

(2) Where the chief officer rejects an application made
under the section, he or she shall within twenty one days of
that decision, notify the applicant of the decision and shall
specify the reasons for the decision in the notice.

27. (1) The authortzed officer may revoke a licence in
respect of any vehicle if such vehicle does not maintain the
set operational guidelines as may be prescribed.

(2) Any vehicle used for transportation of waste or any
other means of conveyance shall be labelled in such a
manner as rnay be prescribed.

No.5

Separation of
waste.

Licence to
transport waste.

Revocation of
licence. etc.


No.5
I4

Ir{airobi City County Solid Waste Management

(3) An authorrzed officer shall have the power to
revoke any approval of vehicle if such vehicle does not meet
the set operational guidelines.

(4) Anyone who transports waste without a license
issued under this section commits an offence.

28. (1) Any owner or occupier of any premises where
waste is generated and shall register or ensure that his or her
tenants register for waste collection.

(2) An owner, driver or operator of any other facility
used for transporting solid waste that is likely to be blown
by the wind or dropped while being transported shall
provide and maintain cover material enough to contain any
possibility of the material being dropped or blown and
deposited upon any street, road, highway or other public or
open space.

(3) Any person who contravenes this section commits
an offence under any of this Act shall be guilty of an offence
and upon conviction shall be liable to aTine not exceeding
three hundred thousand shillings or to an imprisonment not
exceeding three years or to both such fine and imprisonment.

PART V-TREATMENT
29. (1) Any person who wishes to install and operate

(a) an incinerator;

(b) a recycling facility;

(c) a composting facility;

shall make an application to the chief officer for a
permit.

(2) The chief officer shall upon consideration of the
applications and being satisfied that the capabilities of the
incinerator for the intended incineration activity may grant
the applicant the permit.

(3) An incinerator approved in sub-clause (2) above
shall be in conformity with set national standards.

(4) A prescribed incineration fee which shall be subject
to review from time to time shall be imposed on any
applicant of an incineration permit.

(5) Any person, tirm, hospital or any other facility
which produce any solid waste that should be disposed by
combustion as maybe required by regulations in place shall
ensure that such waste is disposed of as required.

2015

Registration of
tenants. etc.

Treatment
licences.


2015
t5

Itlairobi Citv County Solid Waste Management No.5

(6) Anyone who contravenes any of these measures and
requirements or fails to comply with a lawful direction
issued by an authorized officer under this section commits
an offence.

PART VI-DISPOSAL
30. (1) The county government shall undertake disposal Disposal'

of solid waste either by controlled tipping, sanitary land
filling, recycling, composting, incineration and any other
disposal method that may be in place depending on the type,
quality and quantity of the waste.

(2) The County Government shall establish a waste
disposal site conforming to internationally recognized
standards and such facility shall be clearly demarcated and
fenced.

(3) No animal shall be allowed in such facility and any
animal found thereof shall be dealt with in a manner that the
County government shall decide and any animal found in the
facility shall be destroyed.

31. ( 1) Any person, who enters, uses, causes, allows gss offence to enter
or entry io ttie'county government waste disposal ,i," disPosalsites'etc'
without written permission from county government shall be
guilty of an offence.

(2) No person may dispose of waste in the county's
final disposal facility or transfer station unless such person
has paid the prescribed disposal fee in respect of such
disposal.

(3) A person who contravenes subsection (3) commits
an offence.

32. (1) No owner or occupier may keep or allow to be
kept junk waste in public or private premises.

(2) Where any junk waste is abandoned in private
premises, the authorrzed officer shall give notice to the
owner or occupier of such premises and the owner or
occupier shall cause such waste to be disposed shall be
disposed of within seven days from the date of the notice
and in such manner as may be directed by the authortzed
officer and such junk waste.

(3) Where any junk waste is found abandoned in any
public place, the authortzed officer shall take immediate
steps to remove such junk waste and dispose of it in such

Junk waste
disposal, etc


T6

No. 5 |r{airobi Cirv County Solid Waste Management
manner as he or she may deem fit after consulting the chief
officer.

(4) Where junk waste is not disposed in the manner
envisaged in subsection (2) and within the period set out in
that subsection, the authortzed officer with the approval of
the chief officer, shall dispose of such waste in such manner
as may be determined.

(5) Any disposal by the authorrzed officer as set out by
subsection (3) shall be at the expense of the owner of such
premises or of the junk waste, where such owner is known.

(6) The county government may hire the services of
any person for the purposes of ensuring safe and
environmentally friendly manner of disposal of junk waste.

PART VII -MISCELLANEOUS
33. A person commits an offence if he or she- General offences.
(a) hinders or obstructs an authorized in the exercise of

his or her duties;
(b) refuses an authorized officer entry upon any land or

into any premises, or motor-vehicle which he is
empowered to enter under this Act;

(c) impersonates an authorized officer;
(d) refuses an authorized officer access to records or

documents kept pursuant to the provisions of this
Act;

(e) fails to state or wrongly state his or her name or
address to an authoized in the cause of his or her
duties;

(f) misleads or gives wrongful information to an
authorized officer;

(g) fails, neglects or refuses to carry out an
improvement order issued.

34. Any person who places, causes or permits to be
placed in any waste container, any waste, substance or
matter which has been exposed to infection or is
contaminated or is infectious or which is in any way
hazardous in nature commits an offerlce.

35. The county government shall, through such means
as it shall determine, promote, facilitate and ensure public
education on solid waste management in order to -

2015

Offences to
deploy hazardous,
etc waste
container, etc.

Public education
on solid waste
management.


17

2015 Nairobi City County Solid Waste Managemenr No. 5
(a) enhance the levels of awareness and knowledge of

all stakeholders on general and specific aspects of
sound solid waste management;

(b) promote and sustain individuals' practical steps to
ensure that waste is managed in a manner which
will protect human health and the environment
against the adverse effects which may result from
the waste.

36. (1) Any person convicted of an offence under this
Act for which no penalty is specifically provided shall, in
the case of a first offence, be liable to imprisonment for a
term not exceeding twelve months or to a fine not exceeding
one hundred thousand shillings or to both such
imprisonment and fine and, in the case of a second or
subsequent offence, to imprisonment for a term not
exceeding three years or to a fine not exceeding two hundred
thousand or to both imprisonment and fine, and, where an
offence is of a continuing nature, he shall in addition be
liable to a fine not exceeding three hundred thousand
shillings for each day or part thereof during which the
offence continues.

(2) Any person who dumps, causes, or allows waste
disposal in any premises, land or any other place not
approved for such disposal shall be guilty of an offence.

(3) Any person who contravenes this section shall be
guilty of an offence shall be liable to a fine not exceeding
two hundred thousand shillings or in default to
imprisonment not exceeding two years or to both.

37 . ( 1) Where an offence is committed under this Act
by a body corporate, the body corporate and every director
or officer of the corporate who had knowledge of the
commission of the offence and who did not exercise due
diligence, efficiency and economy to ensure compliance
with this Act shall be guilty of the offence.

(2) Where an offence is committed under this Act by a
partnership, every partner or officer of the partnership who
had knowledge of the commission of the offence and who
did not exercise due diligence, efficiency and economy to
ensure compliance with this Act commits an offence.

(3) A person shall be personally liable for an offence
against this Act, whether committed by him or his or her
own account or as an agent or servant of another person.

General penalties.

When offence by
body corporate,
partnerships, etc.


No.5
18

Nairobi CitV Countlt Solid Waste Management

(4) An employer or principal shall be liable for an
offence against this Act, unless the employer or principal
proves that the offence was cofilmitted against his or her
express or standing directions.

38. (1) The executive committee member may make Regulations'
regulations generally for the better carrying out of the
provisions of this Act.

(2) Without prejudice to the generality of subsection
(1), the executive committee member may, with the approval
of the County Assembly, make regulations-

(a) regulating the management of various categories of
waste from the generation thereof to recycling or
disposal;

(b) regulating the use of plastic waste and the safe
disposal thereof;

(c) providing for the standards applicable in the waste
management generally.

(d) establishing mechanisms for participation of the
private sector in solid waste management.

FIRST SCHEDULE

(Section 11)

2015

ZONES

Dagoretti North

Dagoretti South

Embakasi Central

Embakasi East

Embakasi North

Embakasi South

Embakasi West

Kamukunji

9. Kasarani
10. Kibra

11. Lang ata

12. Makadara

13. Mathare

14. Roysambu

15.


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REPUBLIC OF KENYA


NAIROBI CITY COUNTY GAZETTE
SUPPLEMENT

ACTS, 2015


NAIROBI, 22nd October, 2015


CONTENT

Act—
PAGE

The Nairobi City County Solid Waste Management ACt..............ccceecceeeeeeees |


PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER, NAIROBI


THE NAIROBI CITY COUNTY SOLID WASTE
MANAGEMENT ACT, 2015

No. 5 of 2015
Date of Assent: 16th October, 2015
Date of Commencement: See Section 1
ARRANGEMENT OF CLAUSES
Section
PART I— PRELIMINARY

1—Short title and commencement.

2—Interpretation.

PART II—GENERAL PROVISIONS
3—Objects of the Act.
4—Shared responsibilities, entitlements.
S—Right to a clean and healthy environment, etc.
6—Public and private sector participation.
7—Solid waste management charge.
8—Environmental levy.
9—DMaterial recovery.
10—Solid waste categorization and handling.
1 1—Zoning.
12—Prohibition of certain operations.
13—Power of entry.
14—No licence for non-compliant businesses, etc.
15—Prohibition against manufacture, etc of certain plastics.
16—County government may directly collect waste.

PART ITI—COLLECTION

17—Owner or occupier responsibility for surrounding area.
18—County government to provide containers.
19—Approval of waste containers.

20—Colour coding of waste bags or container.


2
No.5 Nairobi City County Solid Waste Management

21—Branding of bags and other containers.

22—Provision, placement and maintenance of waste
containers.

23—Proof of arrangement for waste collection services.
24—Destruction of waste container.
25—Separation of waste.
PART IV—TRANSPORTATION
26—Licence to transport waste.
27—Revocation of licence, etc.
28—Registration of tenants, etc.
PART V—TREATMENT
29—Treatment licences.
PART VI—DISPOSAL
30—Disposal.
3 1—Offence to enter disposal sites, etc.

32—Junk waste disposal, etc.
PART VIT— MISCELLANEOUS

33—General offences.

34—Offences to deploy hazardous, e.t.c waste container, etc.
35—Public education on solid waste management.
36—General penalties.

37—When offence by body corporate, partnerships, etc.
38—Regulations.


2015


3
2015 Nairobi City County Solid Waste Management
THE NAIROBI CITY COUNTY SOLID WASTE
MANAGEMENT ACT, 2015

AN ACT of the County Assembly of Nairobi City to
make provision for the management of solid waste

in the county and for related matters

ENACTED by the County Assembly of Nairobi City
as follows—

PART I—PRELIMINARY

1. This Act may be cited as the Nairobi City County
Solid Waste Management Act, 2015 and shall come into
effect six months after assent by the governor.

2. In this Act, unless the context otherwise requires—

“agricultural waste” 1s waste that is generated from
animals rearing and the production or harvesting of crops
or trees and includes animal carcasses;

“authorized officer” means the chief officer, the
director of environment or any other officer authorized by
the county government in writing for the purposes of the
enforcement of the provisions of this Act;

“biomedical or clinical waste” means all waste arising
from medical, nursing, dental, veterinary, pharmaceutical
or similar practice, which by nature of its toxic, infectious
or dangerous content and includes human or animal tissue
excretions, drugs and medical products, swabs, dressings
and instruments or similar substances;

“chief officer’ means the chief officer responsible for
environment;

“construction and demolition waste” means waste
generated from construction, renovation, repair and
demolition of structures including buildings and roads;

“disposal” in reference to waste means the final
placement of waste in the designated site without intention
of retrieval and may include the disposal of raw or
intermediary handled inert or otherwise unwanted

residues;

“domestic waste” means waste produced from
dwellings but does not include agricultural waste;

No.5

Short title and
commencement.

Interpretation.


4
No.5 Nairobi City County Solid Waste Management

“disposal site’ means any area of land on which waste
disposal facilities are physically located or final discharge
point without the intention of retrieval but does not mean a
re-use or re-cycling plant or site;

“e-waste” means electronic products that have become
unwanted, non-working or obsolete;

“executive committee member” means the county
executive committee member responsible for environment;

“environment” includes physical factors of the
surroundings of human beings including land, water,
atmosphere, climate, sound, odour, taste, the biological
factors of animals and plants and the social factors of
aesthetics and includes both the natural and the build
environment;

“hazardous waste” means any waste which has been
determined by the executive committee member to be
hazardous waste or to belong to any other category of waste

provided for in Section 91 of the National Environmental
Management and Co-ordination Act;

“meineration” means the controlled burning of solid
wastes to produce gases and residues containing little or no
combustible materials for purposes of eliminating or
minimizing potential adverse impacts of the waste to the
environment;

“imdustrial solid waste” means waste generated by
businesses from an industrial or manufacturing process;

‘“yunk waste” consist of assorted item including
automobiles, bicycles, industrial plants and _ other
equipment that are obsolete whether abandoned or not in
public or private places;

“market waste” means organic waste generated from
public market facilities;

“municipal waste’ means everyday waste items
generated by commercial establishments and households;

“occupier” means a person in occupation or control of
premises and in relation to premises, different parts of
which are occupied by different persons means the
respective persons 1n occupation or control of each part;


2015


5
2015 Nairobi City County Solid Waste Management

“premises” includes passages, buildings, lands and
segment in every tenure and machinery, plant or vehicle
used in connection with any trade carried on at any
premises;

“recycling” means the processing of waste material
into a new product of similar chemical composition;

“re-use” means waste use of waste with or without
cleaning or repair;

“solid waste” includes any waste in solid form which
is deposited in the environment in such volumes or
composition likely to cause an alteration of that
environment;

“solid waste management” means the activities,
administrative and operational, that are used in the
handling, packaging, treatment, conditioning, reducing,
recycling, re-use, storage and disposal of the solid waste so
as to protect the environment against the possible resultant
adverse effects;

“waste generator” means any person whose activities
under his or her direction produces waste, or if that person
is not known, the person who is 1n possession or control of
that waste;

“transport” in reference to solid waste means the
transfer of solid waste from any point including but not
limited to generation, intermediate handling, and
collection points and final disposal;

“zone” means a zone into which the county is
divided for the purposes of this Act.

PART IT—GENERAL PROVISIONS
3. The objects of this Act are to—

(a) provide a county legal framework for solid waste
management function as spelt out in the Part 2 of
the Fourth Schedule of the Constitution of Kenya

2010;

(b) pursuant to Article 69 (1) (d) of the Constitution,
provide for a framework to encourage public
participation in the management, protection and

conservation of the environment;

No.5

Object of the Act.


6
No.5 Nairobi City County Solid Waste Management

(c) provide for a legal basis for the implementation of
the county integrated solid waste management plan;

(d) provide for and regulate the participation of the
various actors in solid waste management in the
county.

4. Solid waste management shall be a_ shared
responsibility amongst all actors including the county
government, generators, owners and occupiers of premises
and contracted service providers.

5. Every person within the county is entitled to a clean
and healthy environment and has a duty to safeguard and
enhance the quality of the environment.

6. (1) The executive committee member, in
consultation with the governor, shall allow for, and facilitate
the participation of all persons including individuals,
corporate entities, and community and _ neighbourhood
associations and organisations in all aspects of solid waste
management in order to attain and maintain high and

sustainable standards in solid waste management within the
county.

(2) The executive committee member, in consultation
with the governor, shall establish mechanisms for the
involvement of the various actors in_ solid waste
management in the county and these mechanisms may

include —
(a) franchise system;

(b) management contracts paid for by the county
government; or

(3) The mechanisms referred to in subsection (2) may
be applied in a specified zone and for a definite duration of
time as determined by the executive committee member in
consultation with the Governor.

(4) Every actor in solid waste management services
including generators and service providers shall operate
within the frameworks in place for their particular zones.

7. The executive committee member, in consultation
with the governor and with the approval of the County
Assembly, may, by notice in the gazette, impose a charge on
generators of solid waste within the county for purposes of

2015

Shared
responsibilities,
entitlements.

Right to aclean
and healthy
environment, etc.

Public and private
sector
participation.

Solid waste
management
charge.


eT eee —— ER EERE

a


7
2015 Nairobi City County Solid Waste Management No.5

meeting the costs of solid waste management within the
county.

8. (1) The executive committee member responsible for Environmental
finance, may, in consultation with the Governor and with the '*’”
approval of the County Assembly, by Order impose at the
rate of not more than two per cent of the property rates
payable in respect of a ratable property, a charge to be
known as the environmental levy to be applied in waste
management, dealing with environmental nuisances and to
improve the quality of the environment generally.

(2) The Order mentioned in subsection (1) shall provide
the manner in which the environmental levy may be
imposed and its administration.

9, The executive committee member shall establish Material recovery.
guidelines through regulations and undertake activities to
facilitate and promote recovery of waste materials through
reduction, re-use, recycling and composting of waste by the
various actors in solid waste management.

10.(1) The executive committee member shall, by Solid Waste
Categorization

regulations, divide solid waste generated in the county into anq Handling
various categories depending on their physical or chemical
characteristics and provide for the necessary manner of the

handling of such waste so as to guarantee the health and

safety of all, including but not limited to the waste handlers,

as well as the wellbeing of the environment.

(2) The categories of solid referred to in subsection (1)
include —

(a) municipal waste;

(b) market waste;

(c) construction and demolitions waste;
(d) industrial solid waste;

(e) agricultural waste;
(f) biomedical or clinical waste;

(g) hazardous waste;
(h) e- waste;

(1) plastic waste;

(j) junk waste;

(k) any other category of waste as the county executive
committee member may, in writing, determine.


8
Nairobi City County Solid Waste Management

11. (1) The County shall be divided into zones specified
in the Schedule.

(2) Any person or firm authorized to collect transport
waste shall be guilty of an offence if he or she operates
outside the zone in which he or she is authorized to operate

In.

No.5

12. An authorised officer may order any person to
immediately cease an operation involving the generation,
handling, transportation, storage or disposal of any waste
whose such generation, handling, transportation storage or
disposal presents an imminent and substantial danger to
public health or to the environment.

13. An authorized officer may at any hour reasonable,
for proper performance of his or her duty, under this Act,
enter any land or premises to make any inspection, inquiry,
investigation or to perform any other work or do anything
which is required or authorized by this Act or any other law
to do if such inspection, inquiry, investigation or work 1s
necessary for, or is incidental to, the performance of his or
her duties or the exercise of his or her powers under this Act.

14. A person shall not be licensed to carry on a business
or an activity that generates solid waste unless that person
demonstrates that he or she has established measures to
minimize solid waste generation by adopting the following
cleaner production principles —

(a) improvement of production process through

conserving raw materials and energy;

(b) incorporating environmental concerns in the design,
process and disposal of a product;

(c) monitoring the product cycle from beginning to end
in order to —

(1) enable the recovery and re-use of the product
where possible;

(ii) facilitate reclamation and recycling.

15.(1) No person may manufacture, have in his or her
possession, offer for sale or distribution in any manner
within the county any carry bags form virgin plastic of
thickness of less than 30 micron and of a size not less than
“8x12” and of a colour other than the specified colour of the
Kenyan Standard.


2015

Zoning.

Prohibition of
certain operations.

Power of entry.

No licence for
non-compliant
businesses, etc.

Prohibition
against
manufacture, etc
of certain plastics.


wr eaiad rare ET TT Te rw

9
2015 Nairobi City County Solid Waste Management

(2) Notwithstanding the provisions of subsection (1) of
this section, a person may manufacture carry bags of a size,
thickness and colour specified by this Act or any other law
from recycled plastic materials but such materials must be
locally recycled.

(3) A person who contravenes this provision commits
an offence.

PART TT—COLLECTION

16. The county government may directly or indirectly
undertake collection of solid waste from the streets and any
other public spaces.

17. (1) It shall be the duty of every occupier or owner
or agent of a house, or other premise to clean or cause to be
cleaned ten metres radius around his or her house or other
premises or any area otherwise in his or her control but
which shall not include a main road or street.

(2) No person shall place or cause or permit to be
placed upon frontage of a house, building or any other

premises any waste other than for purposes of enabling the
convenient collection of such waste by a waste collector or
transporter.

(3) Anyone who contravenes this section shall be guilty
of an offence.

18.(1) The county government shall provide
appropriate waste containers for the disposal of solid waste
in the public streets and other public places.

(2) Any person who places, or causes or permits to be
placed any solid waste anywhere except in a designated
waste container shall be guilty of an offence.

(3) Any person who places or allows usage of a waste

container in a public place or private premises which is not
of such a design, size, shape and quality prescribe by or
under this Act shall be guilty of an offence.

(4) The county government may hire out to the owner,
or occupier of any premises, approved waste containers at
such charges and in accordance with such conditions as the

county government may determine.

19, (1) Every waste container shall be of size and
pattern approved by the county government and shall —


No.5

County
government may

directly collect
waste.

Owner or occupier
responsibility for
surrounding area.

County
government to
provide
containers.


Approval of waste
containers.


10
No.5 Nairobi City County Solid Waste Management

(a) have suitable handles where appropriate;
(b) be close fitting, water and fly-proof;
(c) fitted with appropriate liner bags.

(2) Any person who uses or allows to be used waste
container of a size or pattern not approved by the county
government under this section shall be guilty of an offence.

20. (1) Litter bins, liner bags and other solid waste
bags shall be coded as follows in order to facilitate waste
segregation —

(a) green liner container for organic waste;
(b) blue liner container for plastics and paper waste;

(c) brown liner container any other waste.

(2) The executive committee member may, by
regulation, prescribe other colour codes to be used in the
segregation of further categories of solid waste matter.

(3) Any person who deposits solid waste in any other
manner other than in the litter bin, liner bag or other
container which contravenes this section shall be guilty of an

offence.

21.(1) The following information shall be clearly
printed or marked on one side of the liner bags and the

containers —
(a) the name and logo of the service provider;

(b) the logo, address and phone number of the service
provider;

(c) any other information that may be prescribed by the
executive committee member.

(2) Any person who uses or, being a service provider,
provides for use a liner bag or container that does not
comply with subsection (1) commits an offence.

22.(1) Every owner or occupier of any premises shall
provide it with an appropriate waste container and maintain
it in accordance with this Act and shall cause all domestic
waste from his or her premises to be placed in such
container and not anywhere else.

(2) Every such owner or occupier shall cause all waste
containers upon his or her premises to be placed and kept in

2015

Colour coding of
waste bags or

container.

Branding of bags
and other

containers.

Provision,
placement and
maintenance of
waste containers.


TT ee RI Sm me oe


11
2015 Nairobi City County Solid Waste Management

an approved place upon his or her premises or elsewhere as
directed by the authorized officer so as to be accessible to
the service provider that he or she has subscribed to for the
purpose of its removal.

(3) Every such owner or occupier of any premises shall
cause all refuse containers upon his or her premises to be
continuously covered so as to prevent any escape of the
contents thereof or any soakage there from into the ground,
save when refuse is being deposited therein or discharged
thereof.

(4) Every owner or occupier of any premise shall cause
all waste containers on his or her premises to be kept
reasonably clean and maintained in good condition.

(5) It shall be the duty of such owner or occupier to
ensure a safe and sanitary disposal of his or her waste and
show proof thereof failure to which he or she shall be guilty
of an offence.

(6) Any authorized person may issue a notice requiring
the owner, or occupier of any premises within the county to
provide such number of waste containers and of specific
type as he reasonably thinks are necessary for the reception
of domestic or trade waste.

(7) Provision of required number of waste containers
shall be a condition to be fulfilled for the purpose of
granting of occupation permits and other licenses required
for public, residential and commercial buildings.

(8) Anyone who contravenes any of these measures and
requirements or fails to comply with a lawful direction
issued by an authorized officer under this section shall be
guilty of an offence.

(9) Any person who places, causes or permits to be

placed in any waste container, any waste, substance or
matter which in the opinion of the authorized officer has

been exposed to infection or is contaminated or is infectious
or which is in any way hazardous in nature shall be guilty of
an offence.

(10) Every owner or occupier of any dwelling or any
premises shall show proof, if required to do so by the
authorized officer of safe disposal of refuse from his or her
dwelling or premises.

No.5


12
No.5 Nairobi City County Solid Waste Management

(11) Anyone who contravenes any of these measures
and requirements or fails to comply with a lawful direction
issued by an authorized officer under this section shall be
guilty of an offence.

23.(1) Any person(s) or firm(s) whose waste is being
collected by the county government shall have proof of such
arrangement, which shall include, but not limited to a
payment receipt from the county government for such
Services.

(2) Any person whose waste containers are being
serviced by an approved private service provider shall have
proof of such arrangement, which shall include, but not
limited to a payment receipt from the service provider for
such services.

(3) It shall be sufficient proof of safe disposal of refuse
if an authenticated payment receipt from a licensed private
service provider, in case of domestic waste or a conservancy
certificate issued by the county government in case of trade

or commercial waste is produced.

(4) It shall be an offence for any waste generator to
subscribe to a solid waste collection services provider who is

not approved by the county government.

(5) Every owner or occupier of any dwelling or any
premises shall show proof, if required to do so by the
authorized officer of safe disposal of refuse from his or her
dwelling or premises.

(6) Any person who contravenes any of _ the
requirements of this section or fails to comply with a lawful
direction issued by an authorized officer under this section
shall be guilty of an offence.

24.(1) Any person who makes away with or willfully
damages any solid waste container, or any part thereof, the
property of the county government, shall be guilty of an
offence, and in addition to any penalty that may be imposed
by court shall pay to the county government cost of
replacement or repair of such container.

(2) Any person who makes away with or willfully
damages any solid waste container, or any part thereof, the
property of anyone duly authorized by the county
government to install and maintain such container shall be
guilty of an offence, and in addition to any penalty that may

2015

Proof of
arrangement for
waste collection
Services.

Destruction
waste container.


of


13
2015 Nairobi City County Solid Waste Management No.5

be imposed by court shall pay to the owner of the container
cost of replacement or repair of such container.

25. (1) Every generator of solid wastes shall separate or Separation of
cause to be separated the waste into various categories *”~
including —

(a) organic;
(b) plastics;

(c) paper;
(d) metals; or
(e) any others that may be provided for in regulations.

(2) The segregated waste referred to in subsection (1)
shall be respectively contained separately in the approved
containers for such category of waste prior to collection or
other handling as appropriate.

(3) Every generator shall ensure appropriate collection
and transportation of the different wastes separated.

(4) A person who contravenes this section shall be
guilty of an offence.

(5) A person who commits an offence under any of this
section shall upon conviction be liable to a fine not
exceeding three hundred thousand shillings or to an
imprisonment not exceeding three years or to both such fine
and imprisonment.

PART IV—TRANSPORTATION

26. (1) Any person intending to collect and transport Licence to
solid waste within the county shall prior to commencing “P°"™*S*
such activity apply to the chief officer in the prescribed
manner a license to transport waste.

(2) Where the chief officer rejects an application made

under the section, he or she shall within twenty one days of
that decision, notify the applicant of the decision and shall
specify the reasons for the decision in the notice.

27.(1) The authorized officer may revoke a licence in Revocation of
. . . . ‘ licence, etc.
respect of any vehicle if such vehicle does not maintain the
set operational guidelines as may be prescribed.

(2) Any vehicle used for transportation of waste or any
other means of conveyance shall be labelled in such a
manner as may be prescribed.


14
No.5 Nairobi City County Solid Waste Management

(3) An authorized officer shall have the power to
revoke any approval of vehicle if such vehicle does not meet
the set operational guidelines.

(4) Anyone who transports waste without a license
issued under this section commits an offence.

28.(1) Any owner or occupier of any premises where
waste is generated and shall register or ensure that his or her
tenants register for waste collection.

(2) An owner, driver or operator of any other facility
used for transporting solid waste that is likely to be blown
by the wind or dropped while being transported shall
provide and maintain cover material enough to contain any
possibility of the material being dropped or blown and
deposited upon any street, road, highway or other public or
Open space.

(3) Any person who contravenes this section commits
an offence under any of this Act shall be guilty of an offence
and upon conviction shall be liable to a fine not exceeding
three hundred thousand shillings or to an imprisonment not
exceeding three years or to both such fine and imprisonment.

PART V—TREATMENT
29. (1) Any person who wishes to install and operate —

(a) an incinerator;
(b) a recycling facility;
(c) a composting facility;

shall make an application to the chief officer for a
permit.

(2) The chief officer shall upon consideration of the
applications and being satisfied that the capabilities of the
incinerator for the intended incineration activity may grant
the applicant the permit.

(3) An incinerator approved in sub-clause (2) above
shall be in conformity with set national standards.

(4) A prescribed incineration fee which shall be subject
to review from time to time shall be imposed on any
applicant of an incineration permit.

(5) Any person, firm, hospital or any other facility
which produce any solid waste that should be disposed by
combustion as maybe required by regulations in place shall
ensure that such waste is disposed of as required.

2015

Registration of
tenants, etc.

Treatment
licences.


15
2015 Nairobi City County Solid Waste Management

(6) Anyone who contravenes any of these measures and
requirements or fails to comply with a lawful direction
issued by an authorized officer under this section commits
an offence.

PART VI—DISPOSAL

30. (1) The county government shall undertake disposal
of solid waste either by controlled tipping, sanitary land
filling, recycling, composting, incineration and any other
disposal method that may be in place depending on the type,
quality and quantity of the waste.

(2) The County Government shall establish a waste
disposal site conforming to internationally recognized
standards and such facility shall be clearly demarcated and

fenced.

(3) No animal shall be allowed in such facility and any
animal found thereof shall be dealt with in a manner that the
County government shall decide and any animal found in the
facility shall be destroyed.

31. (1) Any person, who enters, uses, causes, allows use
or entry to the county government waste disposal site
without written permission from county government shall be
guilty of an offence.

(2) No person may dispose of waste in the county’s
final disposal facility or transfer station unless such person
has paid the prescribed disposal fee in respect of such
disposal.

(3) A person who contravenes subsection (3) commits
an offence.

32. (1) No owner or occupier may keep or allow to be
kept junk waste in public or private premises.

(2) Where any junk waste 1s abandoned in private
premises, the authorized officer shall give notice to the
owner or occupier of such premises and the owner or

occupier shall cause such waste to be disposed shall be
disposed of within seven days from the date of the notice
and in such manner as may be directed by the authorized
officer and such junk waste.

(3) Where any junk waste is found abandoned in any
public place, the authorized officer shall take immediate
steps to remove such junk waste and dispose of it in such

No.5

Disposal.

Offence to enter
disposal sites, etc.

Junk waste
disposal, etc


16
No.5 Nairobi City County Solid Waste Management

manner as he or she may deem fit after consulting the chief
officer.

(4) Where junk waste is not disposed in the manner
envisaged in subsection (2) and within the period set out in
that subsection, the authorized officer with the approval of
the chief officer, shall dispose of such waste in such manner

as may be determined.

(5) Any disposal by the authorized officer as set out by
subsection (3) shall be at the expense of the owner of such
premises or of the junk waste, where such owner is known.

(6) The county government may hire the services of
any person for the purposes of ensuring safe and
environmentally friendly manner of disposal of junk waste.

PART VIT— MISCELLANEOUS

33. A person commits an offence if he or she—

(a) hinders or obstructs an authorized in the exercise of
his or her duties;

(b) refuses an authorized officer entry upon any land or
into any premises, or motor-vehicle which he is
empowered to enter under this Act;

(c) impersonates an authorized officer;

(d) refuses an authorized officer access to records or

documents kept pursuant to the provisions of this
Act ;

(e) fails to state or wrongly state his or her name or
address to an authorized in the cause of his or her
duties;

(f) misleads or gives wrongful information to an
authorized officer;

(g) fails, neglects or refuses to carry out an
improvement order issued.

34. Any person who places, causes or permits to be
placed in any waste container, any waste, substance or
matter which has been exposed to infection or Is

contaminated or is infectious or which is in any way
hazardous in nature commits an offence.

35. The county government shall, through such means
as it shall determine, promote, facilitate and ensure public
education on solid waste management in order to—

2015

General offences.

Offences to
deploy hazardous,
etc waste
container, etc.

Public education
on solid waste
management.


eal ce ee alla, aarlilil maa e TNR rs zat ee ns. sancea nscnn tcanettn aA tet eA terri — cmt ntl ts tl a th, ti

Te


Setiahedineaiaamanemateannatatinammmansenenemeenattiinmeadtie samaneaned a a ' PPT RT mr gg


17
2015 Nairobi City County Solid Waste Management

(a) enhance the levels of awareness and knowledge of
all stakeholders on general and specific aspects of
sound solid waste management;

(b) promote and sustain individuals’ practical steps to
ensure that waste is managed in a manner which
will protect human health and the environment
against the adverse effects which may result from
the waste.

36.(1) Any person convicted of an offence under this
Act for which no penalty is specifically provided shall, in
the case of a first offence, be liable to imprisonment for a
term not exceeding twelve months or to a fine not exceeding
one hundred thousand shillings or to both such
imprisonment and fine and, in the case of a second or
subsequent offence, to imprisonment for a term not
exceeding three years or to a fine not exceeding two hundred
thousand or to both imprisonment and fine, and, where an
offence is of a continuing nature, he shall in addition be
liable to a fine not exceeding three hundred thousand
shillings for each day or part thereof during which the
offence continues.

(2) Any person who dumps, causes, or allows waste

disposal in any premises, land or any other place not
approved for such disposal shall be guilty of an offence.

(3) Any person who contravenes this section shall be
guilty of an offence shall be liable to a fine not exceeding
two hundred thousand shillings or in_ default to
imprisonment not exceeding two years or to both.

37.(1) Where an offence is committed under this Act
by a body corporate, the body corporate and every director
or officer of the corporate who had knowledge of the
commission of the offence and who did not exercise due
diligence, efficiency and economy to ensure compliance
with this Act shall be guilty of the offence.

(2) Where an offence 1s committed under this Act by a
partnership, every partner or officer of the partnership who
had knowledge of the commission of the offence and who
did not exercise due diligence, efficiency and economy to
ensure compliance with this Act commits an offence.

(3) A person shall be personally liable for an offence
against this Act, whether committed by him or his or her
own account or as an agent or servant of another person.

No.5

General penalties.

When offence by
body corporate,
partnerships, etc.


18
No.5 Nairobi City County Solid Waste Management

(4) An employer or principal shall be liable for an
offence against this Act, unless the employer or principal
proves that the offence was committed against his or her
express or standing directions.

2015

38.(1) The executive committee member may make esulations.

regulations generally for the better carrying out of the
provisions of this Act.

(2) Without prejudice to the generality of subsection
(1), the executive committee member may, with the approval

of the County Assembly, make regulations —

(a) regulating the management of various categories of
waste from the generation thereof to recycling or
disposal;

(b) regulating the use of plastic waste and the safe
disposal thereof;

(c) providing for the standards applicable in the waste
management generally.

(d) establishing mechanisms for participation of the
private sector in solid waste management.

FIRST SCHEDULE
(Section 11)


ZONES 9. Kasarani
1. Dagoretti North 10. Kibra
2. Dagoretti South 11. Langata
3. Embakasi Central 12. Makadara
4. Embakasi East 13. Mathare
5. Embakasi North 14. Roysambu
6. Embakasi South 15. Ruarake:)
7. Embakasi West _ an ‘Starehe | Yh
8. Kamukunji gee qe : a Lt Weittands


i
{


Law clause

  • Section 11
  • section (2
  • art; 20t
  • section (3
  • section (1
  • Section 9l
  • Section 91
  • section ( 1
  • art 2
  • section (1
  • art; 2015
  • Section 1
  • Article 69

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  • [org.apache.tika.parser.DefaultParser, org.apache.tika.parser.ocr.TesseractOCRParser, org.apache.tika.parser.image.TiffParser]
  • [org.apache.tika.parser.DefaultParser, org.apache.tika.parser.ocr.TesseractOCRParser, org.apache.tika.parser.image.TiffParser]
  • [org.apache.tika.parser.DefaultParser, org.apache.tika.parser.ocr.TesseractOCRParser, org.apache.tika.parser.image.TiffParser]
  • [org.apache.tika.parser.DefaultParser, org.apache.tika.parser.ocr.TesseractOCRParser, org.apache.tika.parser.image.TiffParser]


etl_enhance_extract_text_tika_server_time_millis_i:
38561

etl_enhance_extract_text_tika_server_b:
1

etl_enhance_pdf_ocr_time_millis_i:
14

etl_enhance_pdf_ocr_b:
1

etl_enhance_detect_language_tika_server_time_millis_i:
31

etl_enhance_detect_language_tika_server_b:
1

etl_enhance_contenttype_group_time_millis_i:
1

etl_enhance_contenttype_group_b:
1

etl_enhance_pst_time_millis_i:
0

etl_enhance_pst_b:
1

etl_enhance_csv_time_millis_i:
0

etl_enhance_csv_b:
1

etl_enhance_extract_hashtags_time_millis_i:
14

etl_enhance_extract_hashtags_b:
1

etl_enhance_warc_time_millis_i:
5

etl_enhance_warc_b:
1

etl_enhance_zip_time_millis_i:
1

etl_enhance_zip_b:
1

etl_clean_title_time_millis_i:
0

etl_clean_title_b:
1

etl_enhance_rdf_annotations_by_http_request_time_millis_i:
25

etl_enhance_rdf_annotations_by_http_request_b:
1

etl_enhance_rdf_time_millis_i:
0

etl_enhance_rdf_b:
1

etl_enhance_regex_time_millis_i:
34

etl_enhance_regex_b:
1

etl_enhance_extract_email_time_millis_i:
37

etl_enhance_extract_email_b:
1

etl_enhance_extract_phone_time_millis_i:
34

etl_enhance_extract_phone_b:
1

etl_enhance_extract_law_time_millis_i:
50

etl_enhance_extract_law_b:
1

etl_export_neo4j_time_millis_i:
185

etl_export_neo4j_b:
1

X-TIKA_content_handler:
  • ToTextContentHandler
  • ToTextContentHandler
  • ToTextContentHandler
  • ToTextContentHandler
  • ToTextContentHandler
  • ToTextContentHandler
  • ToTextContentHandler
  • ToTextContentHandler
  • ToTextContentHandler
  • ToTextContentHandler
  • ToTextContentHandler
  • ToTextContentHandler
  • ToTextContentHandler
  • ToTextContentHandler
  • ToTextContentHandler
  • ToTextContentHandler
  • ToTextContentHandler
  • ToTextContentHandler
  • ToTextContentHandler
  • ToTextContentHandler


X-TIKA_embedded_depth:
  • 0
  • 1
  • 1
  • 1
  • 1
  • 1
  • 1
  • 1
  • 1
  • 1
  • 1
  • 1
  • 1
  • 1
  • 1
  • 1
  • 1
  • 1
  • 1
  • 1
  • 1


X-TIKA_parse_time_millis:
  • 38494
  • 56
  • 54
  • 45
  • 63
  • 46
  • 101
  • 52
  • 105
  • 86
  • 55
  • 53
  • 58
  • 110
  • 110
  • 107
  • 50
  • 94
  • 95
  • 47
  • 132


X-TIKA_embedded_resource_path:
  • /image0.tif
  • /image1.tif
  • /image2.tif
  • /image3.tif
  • /image4.tif
  • /image5.tif
  • /image6.tif
  • /image7.tif
  • /image8.tif
  • /image9.tif
  • /image10.tif
  • /image11.tif
  • /image12.tif
  • /image13.tif
  • /image14.tif
  • /image15.tif
  • /image16.tif
  • /image17.tif
  • /image18.tif
  • /image19.tif





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